Written by Mpho Cynthia Raat,
Intern- Lex Lumen Research Journal,
December 2025
INTRODUCTION
Gender-Based Violence (GBV) is a sexual act that is committed by other person against another without their consent.[1] Sexual violation can be rape or sexual assault. GBV remains one of South Africa’s most urgent and painful human rights challenges.[2] Every day, individual especially women, children, and LGBTQ+ people face harm, fear, and discrimination because of their gender. While South Africa has strong laws designed to protect people, the reality is that many still struggle to access safety, justice, and support.[3] This blog explores what GBV is, the current state of the crisis, and how the country can move toward meaningful change. Additionally, it also highlights the important role young people can play in building safer communities.
1 Understanding GBV: What It Is and Why It Matters
GBV refers to any harmful behaviour directed at someone based on their gender such as emotional, physical, economic, and online forms of abuse.[4] In South Africa, GBV is not just an issue it affects schools, workplaces, families, and entire communities. GBV matters because it threatens the safety, dignity, and future of its people.[5] When people can recognise harmful behaviours, they are better able to speak up, support others, and challenge the norms that allow abuse to continue. GBV is not only a women’s issue but it is a human violation and a criminal offence.[6]
2 The laws that protect humans against GBV
In South Africa, according to the Constitution of the Republic of South Africa, it guarantees human rights such as; section 9 of the constitution states that everyone is equal before the law, section 10 of the constitution states everyone has the right to dignity, section 11 of the constitution states that everyone has the right to life and section 29 of the Constitution states that everyone has the right to education etc.[7] According to Domestic Act it protects victims from physical, sexual, verbal, emotional, and economic abuse within relationships.[8] According to Criminal Law (Sexual Offences and Related Matters) Amendment Act it criminalises sexual offences including rape and sexual assault.[9] In terms of Domestic Violence Amendment Act, it expands protection to include abuse through technology and online platforms.[10] The international laws such as the Universal Declaration of Human Rights (UDHR)[11] and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)[12] gives the right of every person to live free from violence and discrimination.
3 The Current State of GBV in South Africa
South Africa has some of the highest reported rates of GBV in the world, which has led many activists and leaders to describe the situation as a national crisis. The Government of South Africa has final declared the GBV has the national disaster.[13] The has been cases of gender-based violence current. For example; Cwecwe’s case a young girl was raped at Bergview College in Matatiele, Eastern Cape. The school’s inadequate response and subsequent public outcry led to national protests and calls for stricter child protection measures in educational institutions.[14] Despite having the Constitution that upheld the human rights, legislations and international human rights treaties, rape, femicide and domestic violence continue to raise.[15] many people still face barriers when seeking help such as fear, stigma, lack of resources, and slow justice processes. The community organisations, activists, and government partners continue to raise awareness and provide support, yet the gap between policy and reality remains large.
4 The Path Forward: What Needs to Change
The part forward requires people to unity together and stands against the gender-based violence. In order to address the GBV, schools and universities should teach about healthy relationships, consent, and equality. The counselling services, and awareness programmes must be consistently funded and accessible. The societies, communities and the world must unity and come together to fight against GBV. The new legislations that deal directly with Gender Based Violence must be introduced and strict measures must be taken against the perpetrators.
5 How Young People Can Be Part of the Solution
The young people must speak out against harmful behaviour, including controlling behaviour, bullying, and discrimination. Promote respect, fairness, and healthy communication in friendships and relationships. They must use social media to educate about gender based violence sharing helpful information and challenging harmful stereotypes. They must support peers by listening, offering kindness, and encouraging them to seek help if they feel unsafe. Get involved in school or community campaigns that focus on preventing GBV and promoting gender equality. When young people lead with empathy and respect, they help create a culture where every person feels valued and protected.
CONCLUSION
GBV in South Africa is a deeply rooted issue that affects individuals, families, and society as a whole. While the crisis is severe, meaningful change is possible when people unity to fight against GBV and understanding the problem, challenge harmful norms, and work together to create safer environments. The path forward requires stronger systems, united communities, and a commitment to treating every person with dignity. Young people, especially, have the power to help shape a future where equality, respect, and safety are the norm. Ending GBV is not a single moment it is a continuous effort that begins with awareness, compassion, and collective action.
References
S v Maruma CC5/24 2025 ZAGPPHC 312.
The Constitution of the Republic of South Africa 1996.
Domestic Violence Act 116 of 1998.
The Universal Declaration of Human.
The Convention on the Elimination of All Forms of Discrimination against Women. Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007).
Nokuzola, “Gender-Based Violence and Femicide Declared a National Disaster as Minister Tolashe Calls for Urgent, United Action” 2025 DSD p1.
Melody, “The rape of seven-year-old Cwecwe reignited the debate about the safety of women and children in South Africa”2025.
Klugman, Jeni. “Gender based violence and the law.” (2017).
Thenjiwe, ‘’Gender and behaviour ‘’2017 p1.
Heise, “A global overview of gender-based violence” 2002 Int. J. Gynecol. Obstet p5-S14.
[1] Klugman, Jeni. “Gender based violence and the law.” (2017).
[2] Thenjiwe, ‘’Gender and behaviour ‘’2017 p1.
[3] S v Maruma CC5/24 2025 ZAGPPHC 312.
[4] Heise, “A global overview of gender-based violence” 2002 Int. J. Gynecol. Obstet p5-S14.
[5] S v Maruma (CC5/24) 2025 ZAGPPHC 312.
[6] Ibid p1.
[7] The Constitution of the Republic of South Africa 1996.
[8] Domestic Violence Act 116 of 1998.
[9] Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007).
[10] Domestic Violence Amendment Act, 2021.
[11] The Universal Declaration of Human.
[12] The Convention on the Elimination of All Forms of Discrimination against Women.
[13] Nokuzola, “Gender-Based Violence and Femicide Declared a National Disaster as Minister Tolashe Calls for Urgent, United Action” 2025 DSD p1.
[14] Melody, “The rape of seven-year-old Cwecwe reignited the debate about the safety of women and children in South Africa”2025.
[15] S v Maruma CC5/24 2025 ZAGPPHC 312.
