Gender-Based Violence

Gender-based violence remains one of South Africa’s greatest social crises. Despite extensive legislation, public awareness campaigns and repeated calls for reform, countless women and children continue to suffer abuse behind closed doors.

The alarming increase in incidents of domestic violence and gender-based violence can no longer be ignored. It demands not only a strong legal response but also a united commitment from society to protect the most vulnerable and hold perpetrators accountable.

Our Constitution guarantees every person the rights to equality, dignity, freedom and security of the person. These rights are reinforced by the Domestic Violence Act, which provides legal protection to victims of domestic abuse and recognises that abuse extends far beyond physical violence.

Domestic Violence Is More Than Physical Assault

Many people mistakenly believe that domestic violence only occurs when a victim is physically assaulted.

The law recognises a much broader range of abusive behaviour.

Domestic violence includes conduct that harms, or threatens to harm, the physical, emotional, psychological or economic well-being of another person. Abuse may take many forms, including:

• Physical abuse
• Emotional, verbal and psychological abuse
• Sexual abuse
• Economic abuse
• Intimidation
• Harassment
• Stalking
• Damage to property
• Coercive or controlling behaviour

Emotional and psychological abuse may include persistent insults, humiliation, threats, excessive jealousy, controlling behaviour, isolation from family and friends, and repeated invasions of a person’s privacy, dignity and independence.

The courts have repeatedly emphasised that domestic violence is completely unacceptable in a constitutional democracy. It causes profound psychological, emotional and social harm and requires a firm and effective legal response.

A Case from My Own Practice

Several years ago, I represented a woman who approached the court seeking protection from her abusive husband.

The court granted an interim protection order pending the final hearing. During the proceedings, the husband denied being physically abusive. However, under cross-examination he admitted that he had pushed and pulled his wife, causing her to fall to the floor.

After hearing all the evidence, the Magistrate’s Court found, on a balance of probabilities, that the husband had committed acts of physical abuse and granted a final protection order in favour of my client. Unhappy with the outcome, the husband appealed the decision to the High Court.

The High Court’s Decision

Before the High Court, the husband’s legal representatives argued that his conduct was not “unlawful” in the criminal law sense and therefore could not amount to domestic violence.

The High Court firmly rejected this argument. The Court explained that proceedings under the Domestic Violence Act are fundamentally different from criminal prosecutions. The Act does not require a victim to prove the technical elements of a criminal assault. Instead, the focus is whether the respondent’s conduct caused, or was likely to cause, harm to the complainant.

Importantly, the Court recognised that domestic abuse often forms part of a continuing pattern of coercive control rather than isolated incidents of violence. The Court observed that abusive relationships frequently involve one partner exercising ongoing domination over the other through fear, intimidation and manipulation. This pattern of control may continue even during periods when there is no physical violence.

Having considered the evidence, the High Court concluded that the Magistrate’s decision was both rational and justified, and accordingly dismissed the husband’s appeal.

The Law Protects Victims of Abuse

The judgment serves as an important reminder that domestic violence is not confined to visible injuries. Controlling behaviour, intimidation, emotional manipulation and psychological abuse can be just as damaging as physical violence. The law recognises these forms of abuse and provides victims with effective legal remedies, including protection orders designed to prevent further harm. No one should have to endure abuse in silence.

If you or someone you know is experiencing domestic violence, early legal intervention can make all the difference. Protection orders are designed to safeguard victims and provide immediate legal protection before the abuse escalates further.

Know your rights.

At The Law Desk of Fawzia Khan & Associates, we have over 35 years of experience assisting survivors of domestic violence with protection orders, urgent court applications, family law disputes and related legal matters. We are committed to protecting your rights with compassion, professionalism and determination.

The Law Desk of Fawzia Khan & Associates
Giving YOU the Power of Attorney.

📧 info@thelawdesk.co.za
📞 031 502 5670