It is a common refrain in the advocacy space that many incidents of gender-based violence (GBV) go unreported.
Not only do we need to reduce unacceptably high levels of violence urgently, but we also need to build trust and capacity in our criminal justice system so that survivors have recourse.
In this way, we can avoid stories like the one I’m about to share in which a young girl in the Eastern Cape, repeatedly raped by her father, is denied justice because her ordeal is considered consensual sex and labelled as incest.
This shocking example highlights the imperfect system that is meant to support survivors of GBV in South Africa.
But there’s hope. Just days before the May elections, President Cyril Ramaphosa publicly signed two “game-changing” bills into law during a ceremony at the Union Buildings: the National Council on Gender-Based Violence and Femicide Bill, and the National Prosecuting Authority Amendment Bill.
These two pieces of legislation are designed to address systemic failures and bring about real change in how South Africa supports GBV survivors.
Previously, the fight against GBV was scattered and uncoordinated. Victims often did not get the support they needed as evidenced by the young girl from the Eastern Cape’s experience.
The National Council on Gender-Based Violence and Femicide Bill aims to create a national council that will lead and coordinate efforts by uniting the government, civil society, and other sectors to develop and implement a national strategy, thereby ensuring a cohesive approach.
The National Prosecuting Authority (NPA) Amendment Bill strengthens the NPA’s power, especially in GBV cases and, by making the Investigative Directorate a permanent part of the NPA, it ensures cases get the expert attention necessary for successful prosecutions.
Passing these laws is a big step, but making sure they work is another challenge. The national council needs enough funding and must be protected from budget cuts that could weaken its impact. The first commitment, therefore, must be from the government.
It has taken a long time and much deliberation for the council to be established and it now requires the president and his ministers to put their money where their mouths are and begin a process to secure funding from National Treasury to build a solid foundation.
We also need to heed past lessons, like the challenges faced by the Commission on Gender Equality, which struggled with limited funding and impact and its experiences should serve as a cautionary tale in the gender space in South Africa.
Established as a Chapter 9 institution in 1996, the commission has undertaken investigations and issued reports.
However, it has been beset by several problems – funding constraints, leadership instability, limited impact on policy implementation, and a lack of mechanisms to monitor the impact of its work.
Most notably, the commission suffers from a lack of visibility and, likely, most South African citizens don’t know how it works and what the rationale is for its existence.
While the council is meant to source funding elsewhere and establish a diverse funding pool through collaboration with the non-governmental and private sectors as well as international donors, the government must keep its funding commitments.
This will not only serve as a signal of its commitment to the council but will also ensure that it retains an oversight role.
It must also ensure the council is not asked by Treasury to surrender its budget when funding is required for other budget items such as Eskom’s high debt. If it is underfunded, it will not work and languish as a nice-to-have but of little worth.
A step forward
Furthermore, the state must work closely with civil society organisations, community leaders, and gender experts to ensure a holistic and effective response.
Accelerating service delivery, particularly in underserved communities, will also be key to making a tangible difference in the lives of survivors.
The signing of these bills is a significant step forward, but there is still much work to be done to ensure women’s security and dignity in South Africa.
There is also an opportunity for more co-funding initiatives focused on strengthening the capacity of community-based organisations to respond to and prevent various forms of violence against women and girls.
To truly make a difference, we need more than just laws. We need a rigorous, dynamic and driven council that will bring positive change to the GBV landscape where our nation’s women will be equal citizens not only in our Constitution but in every part of our beautiful country.
For this vision to become a reality, political commitment is essential, shown through consistent impact and accountability, strong governance, and leadership.
Sustained funding for community groups is crucial to provide more shelters, counselling, and legal aid for GBV survivors as well as more Thuthuzela Care Centres across the country, ensuring ease of access to support services. Police and judicial personnel need ongoing training to handle GBV cases with the care and dignity they deserve.
Furthermore, we need stronger community engagement where grassroots organisations are the key players. Policies should support their efforts to prevent GBV and support survivors through a multi-sectoral approach.
We need everyone – policymakers, civil society, and each one of us – to support these changes.
By doing so, we honour those affected by GBV and work towards a safer, more just South Africa.
If the national council succeeds, it will offer girls and women like the young Eastern Cape girl a chance to live a life untainted by violence. She and others won’t have to become statistics.
Zandile Mqwathi is the project manager for DGMT‘s gender-based violence initiatives.
This opinion article was first published by News24 on 9 July 2024. Read it here.
