The government has been improving the rules governing GBV and the processes for obtaining protection orders in response to the epidemic of gender-based violence. In order to amend the Domestic Violence Act 116 of 1998, the Domestic Violence Amendment Bill [B20-2020] (“the Bill”) was introduced. This resulted in the adoption of the Domestic Violence Amendment Act 14 of 2021.

Significant changes to the Old Act are made by the New Act. New definitions of coercive and controlling behaviour are included in the new Act. The Act expands the current definition of domestic violence to encompass coercive and controlling behaviour, elder abuse, and spiritual abuse, among other things.

The New Act amended the old Act so as to:

• amend and insert certain of the definitions;
• provide for the way in which acts of domestic violence and matters related thereto, must be dealt with;
• regulate protection orders in response to acts of domestic violence;
• amend provisions of certain laws; and
• provide for matters connected therewith.

The administration also presented the and Related Matters Amendment Bill in addition to the changes to the Domestic Violence Act. On August 28, 2020, this measure was introduced in parliament. In order to allow for the appointment of intermediates and the use of intermediaries and audio-visual linkages in proceedings upon application by any party to proceedings other than criminal procedures, it is intended to alter the Magistrates’ Courts Act and the Superior Courts Act.

Additionally, clauses will ensure that those who commit GBV are not freed on bond before making their initial court appearance. The New Act also aims to amend the CPA to further control the admissibility of testimony using closed-circuit television or other comparable electronic media, as well as the ability of a complainant in a domestic offence to participate in bail and parole processes. This gives victims’ families or survivors the opportunity to speak up before the parole board or court before a judgement is reached.

Being able to testify via closed-circuit television not only gives the victim the opportunity to be heard, but it also offers an extra layer of security because the victim need not be present in the same room as the offender.

To read the New Act: Act No. 09 of 2024: National Council on Gender-Based Violence and Femicide Act, 2024