A look at Gender-Based Violence (GBV) and lockdown in South Africa.

By S Mnisi 010 592 2321 cl***@sc****************.za
 
The nationwide lockdown has been essential in curbing the COVID-19 pandemic and while the lockdown has succeeded in “flattening the curve”, however there has been a significant increase in the number of Gender- based violence cases in South Africa. 1
 
Gender-based violence is a widespread problem in the country that particularly affects women and children and has an impact on almost every aspect of life. GBV occurs as a result of unequal power relationships between genders “within the context of a specific society.” 2
 
President Cyril Ramaphosa stated that, “there have been very disturbing reports of increased levels of GBV since the lockdown started and the scourge of gender-based violence continues to stalk our country as the men of our country declared war on the women.” 3
 

One of the interventions we have made is to ensure lockdown regulations be structured in a manner that a woman can leave her home to report abuse without the fear of a fine, intimidation or further violence.” 4

Since the beginning of lockdown the gender-based violence call centres have received over 120 000 calls.
 
On the 14th of May 2020 the Department of Co-operative Governance and Traditional Affairs published a new directive concerning the movement of people, goods and businesses during Level 4. The new directive allows for the movement of domestic violence victims to travel to their new place of residence and they must obtain a permit to travel across provincial, metropolitan or district boundaries. In addition, individuals whose movement is necessitated due to domestic violence must have in their possession a domestic violence order. 5
 
Forms of gender-based violence:
 
There are different forms of GBV such as physical, sexual, emotional, financial or structural violence, and can be committed by intimate partners, acquaintances, strangers and institutions. 6
 
Most acts of interpersonal gender-based violence are committed by men against women, and the man perpetrating the violence is often known by the woman, such as a partner or family member.
 
These are the following examples of the different forms of gender-based violence: 7
 
1. Intimate partner violence
This mainly the common form of GBV in which it includes physical, sexual, and emotional abuse and controlling behaviours by a current or former intimate partner or spouse.
 
2. Domestic violence
This is violence that is carried perpetuated by partners or family members, and in most cases it encompasses violence against children or other family members.
 
3. Sexual violence
Sexual violence is “any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.”
 
4. Emotional violence
This type of violence regularly includes verbal abuse, name calling and belittling of an individual as it involves acts of embarrassment, humiliation and disrespect. 8
 
Thus, affecting a person’s sense of self, self-esteem and self-confidence.
 
Causes and impact of GBV:
 
The primary cause of GBV is gendered power inequality rooted in patriarchy and discriminatory cultural beliefs, it is more common in communities where there is a culture of violence, and where male superiority is treated as the norm. 9
 
A belief in male superiority can lead “in men feeling entitled to strict reinforcement of gender roles and hierarchy, women having low social value and power, and associating masculinity with control of women.” 10
 
In many cultures, violence committed by men against women is considered acceptable within certain settings or situations, therefore this social acceptability of violence makes it predominantly challenging to effectively address GBV. 11
 
A person who is exposed to GBV can experience psychological, behavioural and physical trauma. 12
 
Examples of each are as follows; physical trauma includes bodily injuries and psychological trauma would be posttraumatic stress disorder and major depression. Lastly, behavioural trauma includes alcohol abuse and suicidal ideations. 13
 
Legislation governing GBV
 
South Africa has comprehensive legislative frameworks such as the Domestic Violence Act 111 of 1998 and the Sexual Offences Act 32 of 2007. Section 4 of the Domestic Violence Act makes provision for an application for a protection order. This section states that, any complainant may in the prescribed manner apply to the court for a protection order and the clerk of the court must inform the complainant that he or she has a right to lodge a criminal complaint against the respondent in the event that the respondent committed a criminal offence. 14
 
In addition, any other person may bring an application for a protection order for the complainant, such as “a counsellor, health service IO provider, a member of the South African Police Service, social worker or teacher, a person who has a material interest in the wellbeing of the complainant member”. Only on the condition that the application must be accompanied by the written consent of the complainant unless the complainant is “a minor, mentally retarded, unconscious or a person whom the court is satisfied is unable to provide the required consent.” 15
 
Section 5 of the Sexual Offences Act deals with sexual assault. This section states that a person (A) who unlawfully and intentionally sexually violates a complainant (B), without the consent of B, is guilty of the offence of sexual assault. 16
 
Furthermore, subsection (2) states that, a person (A) who unlawfully and intentionally inspires the belief in a complainant (B) that B will be sexually violated, is guilty of the offence of sexual assault. 17
 
Gender-based violence during lockdown
 
There has been an increase of violence against women and children with rising demands for emergency shelters. The increase of GBV cases could be as a result of children not going to school and couples are spending more time together at home, and a number of people are losing their jobs leading to them taking out their frustrations on their partners. 18
 
The number of child rapes and abuse by family members has also increased. The Executive Director of UN Women, Phumzile Mlambo-Ngcuka stated that, “confinement is fostering the tension and strain created by security, health, and money worries and it is increasing isolation for women with violent partners, separating them from the people and resources that can best help them.” 19
 
Gender-based violence is a complex issue that requires multi-faceted responses and the commitment of society and the government. The increase of domestic violence is alarming as it continues unabated, notwithstanding the Domestic Violence Act which protects the rights of women. Consequently, with the lockdown it can be argued that violence against women has reached epidemic proportions across the country. 20
 
SAPS has to enhance its availability to the high-risk areas in order to assist in curbing domestic violence during lockdown. 21
 
 
Due to high rising numbers of gender-based violence in South Africa, there is an increasing recognition of the extent and impact of gender-based. violence as well as the need to strengthen the response across sectors. 22

Footnotes:

  1. Chukwueke J “The shadow pandemic of gender-based violence Africa Source” 2020.
  2. https://www.saferspaces.org.za/understand/entry/gender-based-violence-in-south-africa
  3. Chothia A “Men in our country have declared war on women – Cyril Ramaphosa” 2020.
  4. Chothia A “Men in our country have declared war on women – Cyril Ramaphosa” 2020.
  5. Paragraphs 2(ii) and 3 of the Department of Co-Operative Governance and Traditional Affairs Government Gazette 14 May 2020.
  6. Murthy P, Upadhya U and Nwadinobi E “Impact of Gender-based violence, conflict, discrimination, terriosm, environmental factors, transnational trafficking of women and girls” 12.
  7. Dartnall E and Channon A “Gender-based violence in South Africa” 2020.
  8. Sibanda N and Msibi T “Gender-Based Violence (GBV) in South Africa: A Brief Review” 2016 5.
  9. https://www.unhcr.org/4794b3512.
  10. Dartnall E and Channon A “Gender-based violence in South Africa” 2020.
  11. Dartnall E and Channon A “Gender-based violence in South Africa” 2020.
  12. Murthy P, Upadhya U and Nwadinobi E “Impact of Gender-based violence, conflict, discrimination, terriosm, environmental factors, transnational trafficking of women and girls” 17.
  13. Sibanda N and Msibi T “Gender-Based Violence (GBV) in South Africa: A Brief Review” 2016 5.
  14. Section 4(1) and (2) of the Domestic Violence Act 111 of 1998.
  15. Section 3 of the Domestic Violence Act 111 of 1998.
  16. Section 5(1) of the Sexual Offences Act 32 of 2007.
  17. Section 5(2) of the Sexual Offences Act 32 of 2007.
  18. Lefafa N “Covid-19 lockdown provides ‘perfect storm’ for SA’s GBV crisis” 2020.
  19. Lefafa N “Covid-19 lockdown provides ‘perfect storm’ for SA’s GBV crisis” 2020.
  20. Gazette Reporter “Increase in gender-based violence during Covid-19” 2020.
  21. Gazette Reporter “Increase in gender-based violence during Covid-19” 2020.
  22. Dartnall E and Channon A “Gender-based violence in South Africa” 2020.

Disclaimer : this article does not constitute, nor should be construed as, the giving of legal advice and it is recommended that one of our attorneys is contacted 010 592 2321

 

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