Gender-Based Violence (GBV) in South Africa refers to any form of harm or abuse directed at a person based on their gender, sex, or sexual orientation. It includes physical, sexual, emotional, and economic abuse — most often affecting women and children. GBV violates human rights, equality, and dignity, and is considered one of the most serious social and legal issues in the country.
On this page, you will learn how GBV is defined under South African law, what Acts and policies address it, how the problem has evolved over time, the rights of victims, and the most important steps to take when reporting or preventing GBV.
Understanding Gender-Based Violence under South African Law
There is no single Act called the “GBV Act” in South Africa. Instead, GBV is addressed through several laws that protect individuals from violence, discrimination, and harassment.
The legal framework recognises that GBV is not limited to physical violence — it includes psychological, economic, and emotional harm.
The Constitution of the Republic of South Africa, 1996, forms the foundation, guaranteeing:
- Equality (Section 9)
- Human dignity (Section 10)
- Freedom and security of the person (Section 12)
- The right to life (Section 11)
GBV is also addressed through key Acts such as the Domestic Violence Act, Sexual Offences Act, and Protection from Harassment Act, all designed to protect victims and hold perpetrators accountable.
Key Legal Frameworks Governing Gender-Based Violence in South Africa
| Law / Act | Purpose |
|---|---|
| Domestic Violence Act, 1998 (Act 116 of 1998) | Protects victims from physical, sexual, verbal, emotional, and economic abuse within relationships. |
| Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) | Defines and criminalises sexual offences including rape and sexual assault. |
| Protection from Harassment Act, 2011 (Act 17 of 2011) | Protects victims from stalking, threats, and digital harassment. |
| Children’s Act, 2005 (Act 38 of 2005) | Safeguards children from abuse, neglect, and exploitation. |
| Employment Equity Act, 1998 (Act 55 of 1998) | Prohibits sexual harassment and discrimination in the workplace. |
| Domestic Violence Amendment Act, 2021 | Expands protection to include abuse through technology and online platforms. |
Historical Background of Gender-Based Violence in South Africa
GBV in South Africa has deep historical roots. Under apartheid, violence was normalised through systemic oppression, patriarchal structures, and the silencing of women’s voices.
After 1994, while equality was enshrined in the Constitution, high levels of GBV continued, often driven by poverty, inequality, and cultural attitudes that normalise male dominance.
Over the years, several national initiatives were launched to fight GBV, including:
- The National Strategic Plan on GBV and Femicide (2020–2030) — a government blueprint for prevention and response.
- Establishment of Sexual Offences Courts and Thuthuzela Care Centres (TCCs) for victim support.
- #16Days of Activism for No Violence Against Women and Children — an annual national campaign raising awareness.
Despite these measures, GBV remains widespread, prompting calls for stronger enforcement and education.
Forms of Gender-Based Violence
- Physical Abuse: Hitting, assault, or any physical harm.
- Sexual Violence: Rape, sexual assault, or coerced sexual acts.
- Emotional or Psychological Abuse: Intimidation, humiliation, controlling behaviour, or isolation.
- Economic Abuse: Withholding money or denying someone access to financial resources.
- Harassment and Stalking: Repeated unwanted contact or threats, including online.
- Cultural or Traditional Harmful Practices: Early marriages, female genital mutilation, or practices that violate equality and dignity.
Real Example
A woman repeatedly assaulted by her partner reports the abuse at a local police station. Under the Domestic Violence Act, she is assisted to complete a Protection Order application.
The court grants an interim protection order, preventing the abuser from contacting or coming near her. If the abuser violates this order, they can be arrested immediately and charged with a criminal offence.
This process shows how the law works to protect victims and hold perpetrators accountable.
Reporting Gender-Based Violence
Victims or witnesses of GBV can:
- Report the incident at any police station (open 24 hours).
- Apply for a Protection Order at the nearest Magistrate’s Court.
- Go to a Thuthuzela Care Centre for immediate medical care, counselling, and legal support.
- Call the GBV Command Centre: 0800 428 428 (free 24-hour line).
- Use mobile service: Dial 1207867# for emergency help.
All reports are confidential, and victims must be treated with respect and compassion by law enforcement officers.
5 Important Points Every South African Should Know about GBV
- GBV is a crime — not a private matter. It can and must be reported to the police.
- You do not need a lawyer to apply for a Protection Order. Magistrate’s Courts assist victims directly.
- Police officers must help victims, including by providing transport to shelters or hospitals.
- Men can also be victims — the law protects all people regardless of gender or sexual orientation.
- Witnesses have a duty to report GBV, especially where children or vulnerable persons are involved.
Implications of GBV Laws in South Africa
The laws against GBV aim to:
- Protect victims and prevent re-victimisation.
- Ensure perpetrators face real consequences.
- Promote education on consent and gender equality.
- Strengthen coordination between justice, health, and social departments.
- Build a culture of respect, safety, and accountability.
However, challenges remain — including underreporting, delays in the justice system, and lack of resources in rural areas.
Ongoing reforms, such as the GBV and Femicide Bill, aim to create a single national framework for prevention, protection, and prosecution.
Legal Framework Summary
| Institution | Role |
|---|---|
| South African Police Service (SAPS) | Investigates and arrests GBV offenders. |
| National Prosecuting Authority (SOCA Unit) | Prosecutes GBV and sexual offence cases. |
| Thuthuzela Care Centres (TCCs) | Provide integrated medical, counselling, and legal support. |
| Department of Social Development (VEP) | Provides shelters and social support for survivors. |
| Department of Justice and Constitutional Development | Manages Protection Orders and GBV court processes. |
| Gender Commission (CGE) | Monitors gender equality and investigates systemic discrimination. |
FAQs About What Is Gender-Based Violence (GBV) in South Africa
Gender-Based Violence (GBV) remains one of South Africa’s most serious social and legal challenges.
These FAQs explain what GBV means in South Africa, how it is defined in law, what forms it takes, and what protections are available for victims.
What is Gender-Based Violence (GBV) in South Africa?
Gender-Based Violence (GBV) in South Africa refers to any harmful act directed at an individual based on their gender, sex, or sexual orientation.
It includes physical, sexual, emotional, and economic abuse.
GBV often affects women and children but can happen to anyone regardless of gender.
The term covers crimes such as rape, domestic violence, sexual harassment, stalking, and femicide.
What law governs GBV in South Africa?
GBV is addressed through several South African laws, including:
- Domestic Violence Act, 1998 (Act 116 of 1998)
- Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
- Protection from Harassment Act, 2011 (Act 17 of 2011)
- Prevention and Combating of Trafficking in Persons Act, 2013
- Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA)
These laws work together to protect victims, prosecute offenders, and promote gender equality as guaranteed in Section 9 of the Constitution.
What are the main types of Gender-Based Violence in South Africa?
GBV takes many forms, including:
- Physical violence – hitting, slapping, or assaulting a partner or family member
- Sexual violence – rape, sexual assault, or exploitation
- Emotional abuse – humiliation, threats, or controlling behaviour
- Economic abuse – denying financial support or access to resources
- Psychological abuse – manipulation, intimidation, or coercion
- Online abuse – sharing intimate images or threats on social media
All these acts are criminal under South African law.
Who are the most common victims of GBV in South Africa?
While GBV can affect anyone, women, children, and members of the LGBTQ+ community are most at risk.
According to Statistics South Africa’s 2021 report, more than 40% of South African women experience physical or sexual violence in their lifetime.
However, men can also be victims, and the law protects all genders equally.
What are the causes of GBV in South Africa?
The main causes include:
- Gender inequality and patriarchy
- Cultural norms that tolerate violence
- Alcohol and substance abuse
- Poverty and dependency
- Weak law enforcement or delays in justice
- Trauma and lack of support services
These factors combine to create an environment where violence is often normalised.
What should someone do if they experience Gender-Based Violence?
If you experience GBV:
- Go to a safe place immediately.
- Report the incident to the South African Police Service (SAPS).
- Visit a Thuthuzela Care Centre or hospital for medical care and counselling.
- Apply for a Protection Order at your nearest Magistrate’s Court.
- Contact the Gender-Based Violence Command Centre (GBVCC) at 0800 428 428, which operates 24/7.
What is a Protection Order in GBV cases?
A Protection Order is a court order that stops an abuser from contacting, threatening, or harassing the victim.
It is issued under the Domestic Violence Act or Protection from Harassment Act.
Violating a Protection Order is a criminal offence that can lead to arrest and imprisonment.
What penalties do perpetrators of GBV face?
Depending on the offence, penalties can include:
- Fines or imprisonment (for assault or harassment)
- Minimum 10 to 25 years in prison for rape or serious sexual violence
- Life imprisonment for femicide or aggravated sexual assault
Courts can also order rehabilitation programmes or place offenders on the National Register for Sex Offenders.
What role do Thuthuzela Care Centres play in GBV support?
Thuthuzela Care Centres (TCCs) are specialised facilities within public hospitals offering victims medical care, counselling, and legal assistance in one place.
They are part of the Department of Justice and NPA’s Sexual Offences and Community Affairs (SOCA) Unit, aimed at reducing trauma and improving conviction rates.
What is South Africa doing to fight GBV?
Government initiatives include:
- The National Strategic Plan on GBV and Femicide (NSP-GBVF)
- The GBV Command Centre (0800 428 428) for emergency support
- Awareness campaigns like 16 Days of Activism for No Violence Against Women and Children
- Strengthening GBV courts and police training
- Partnerships with NGOs and community shelters
These efforts aim to create accountability and reduce violence nationwide.
Why is GBV considered a human rights issue?
GBV violates multiple constitutional rights — including the right to life, equality, dignity, and freedom from violence (Sections 9, 10, and 12 of the Constitution).
It is not just a criminal matter but a human rights crisis that affects South Africa’s social stability and economic growth.
Conclusion: Understanding Gender-Based Violence in South Africa
Gender-Based Violence in South Africa is not just a social issue — it is a human rights violation and a criminal offence. The law protects every person’s right to live free from fear, harm, and discrimination.
Every report, every conviction, and every conversation helps dismantle a culture that allows violence to continue.
By understanding the law, supporting survivors, and demanding accountability, South Africans can help build a country where gender equality and human dignity are not ideals — but everyday realities.
