Legislation and Gender-Based Violence in South Africa: What Is the Problem Represented to Be?

Gender-based violence (GBV) cuts across all genders and ages and disproportionately affects women and children who bear a greater burden of such assaults. South Africa is no exception; it is facing a crisis when it comes to GBV-related issues, with the exact extent of violence against women and children unknown and underreported. Social workers in South Africa are at the forefront of combatting GBV, and their role and duties are mandated by the Constitution of South Africa and relevant legislation and policies. However, existing legislation and approaches to curb GBV against women and children in South Africa did not have the desired effect. One reason for this is that some legislations are outdated prescribing remedies and procedures which are no longer effective. Little has been done to interrogate existing legislation and policies to explore if the purpose of legislation and policies is effective in curtailing GBV in South Africa. With the recent signing of three bills into law, the President has opened the door to a fresh victim-orientated approach aiming to curb the scourge of GBV in South Africa. Purpose and Methods: The three amendment bills signed into law by the President of the Republic of South Africa on 28 January 2022 are interrogated using Carol Bacchi’s critical “What’s the problem represented to be” (WPR) approach policy analysis. The three bills are The Domestic Violence Bill, The Criminal and Related Matters Amendment Bill, and the Criminal Law (Sexual Offences and Related Matters) Amendment Act. Findings: Six problem focus areas targeted by the amended legislation and solutions for these problems were identified and discussed as well as what remains unproblematic or unresolved from a social work perspective.