Judicial Responses to Gender-Based Violence and Femicide

Despite having some of the most sophisticated laws against discrimination and violence in the world gender-based violence and femicide (GBVF) continues at an appallingly high rate in South Africa. One of the ways in which the state protects, promotes, and fulfils constitutional rights is through the criminal justice system and particularly the prosecution of offenses. It remains the responsibility of the criminal justice system to ensure that those responsible for committing crimes, specifically gender-based crimes are brought to account. The Courts especially, play a crucial role in ensuring just outcomes in GBV cases and in alleviating the problem of GBVF. This chapter provides examples of a list, albeit not exhaustive, of some of the most horrendous crimes that were committed against women in the country. It evaluates the jurisprudence of the Constitutional Court over the past 20 years on GBV. Several significant decisions have also emerged from the Supreme Court of Appeal and High Courts in relation to the laws and aspects of the common law relevant to GBV. This chapter further surveys the jurisprudence on GBV in assessing the Court’s record in this area. While finding these decisions valuable in advancing the constitutional framework, this discussion suggests that more resources are required to ensure that the legacy of economic vulnerability and violence perpetuated by discriminatory and prejudiced structures and institutions in the country’s history, are not used as an excuse to keep women vulnerable and prone to incidents of GBVF.