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South 第一吃瓜网 needs action on gender-based violence now

- Lee-Anne Gaertner

The Centre for Applied Legal Studies (CALS) mourns the loss of the nine women who have been killed in Ekurhuleni in the last few weeks. We also grieve for the thousands of other women who face gender-based violence and die by femicide every year in South Africa. Our country has a strong legal framework that guarantees protection from harm — what we lack is implementation at every level of government.

Rates of gender-based violence in South Africa remain at an emergency level. Between April and June this year alone, there have been reports of sexual offences made to the police. In previous years, police recorded complaints of domestic violence in a nine month period. The femicide rate in our country sits at the world average. women in South Africa will experience physical or sexual violence during her lifetime.

What has happened to the women of Ekurhuleni is not a headline we can look away from. It is appalling. It is heart-breaking. And it is, unforgivably, not unique. Tonight, and every night, women across South Africa will not feel safe in their own homes – because the person they have the most reason to fear is often not a stranger on the street, but someone they know, love or live with. This is the reality we are asking women to survive, every single day. Gender-based violence and femicide are not exceptions to be mourned and then forgotten. They are prevalent. They are widespread. They are a systemic failure – and only an urgent, structural response will end it.

South Africa has a progressive Constitution and a suite of legislation aimed at addressing gender-based harm. Under section 12, everyone has the right to freedom and security of the person – including the right to bodily integrity and freedom from all forms of violence. The Constitutional Court has expanded this right in cases such as , which found that police and prosecutors have a positive obligation to keep women safe from harm.  We also have specific legislation to combat domestic violence, sexual violence, hate crimes and discrimination.

What we lack is not laws or definitions for what is happening in our communities. What we need is implementation. A police service that responds to incidents by investigating with both urgency and compassion, and not with calls to remain and refrain from walking alone. A prosecution team that understands the unique challenges of bringing perpetrators of gender-based harm to justice while protecting complainants from facing more trauma. A court process where trials are not delayed for years and where bail is properly implemented.  A legal system that holds those in power accountable when they fail in their duties to protect the people in their care.

In addition to our forward-thinking laws, South Africa has formulated the . This outlines a comprehensive plan for addressing prevention, protection, support services and access to justice. We call on our government to act on this plan immediately. This also requires properly funding these initiatives as well as health care services, psychosocial support for victims and families, gender-based violence shelters, and local government initiatives such as improving lighting and public transport.

Addressing what has happened in Ekurhuleni requires a systematic response. In addition to a thorough police investigation aimed at securing an arrest and prosecution, we also need immediate measures to address women’s safety concerns, promote accountability, provide necessary services and develop nationwide public education initiatives. We urge those responsible for public safety to act swiftly.

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