Thousands of women throughout South Africa participated in the #TotalShutDown marches in August 2018 to draw attention to what the mainstream media has described as “the war on women.” The nation-wide grassroots mobilization has been distinctly feminist, articulating anti-patriarchy sentiments. What challenges need to be confronted in order to affirm South African women’s rights to safety, security and equality?

Gender-based violent crimes within families, communities and society at large have been increasing at an alarming rate. The statistics are grim, with one in two women predicted to experience some form of violence within their lifetimes. Over time the South African government has drafted various pieces of legislation and policies to address violence against women. Although acknowledged for creating an infrastructure to enable effective support for women, there is currently much criticism of state institutions for poor interventions, few prosecutions and inadequate implementation of policy.

In the organized waves of protest against male violence, it is important to reflect on what the state offers, why it consistently fails to deliver and what could be put in place to make its programs work. The following South African legislation in some way addresses gender violence in the country:

• The Constitution of the Republic of South Africa, Act 108 of 1996. Chapter two of the South African Constitution, the Bill of Rights, protects the rights of all South Africans. These include the rights to equality, dignity and freedom from all forms of violence, maltreatment, abuse and exploitation while having access to justice and fair treatment (amongst others).
• The Domestic Violence Act (DVA) Act 116 of 1998 was intended to provide victims of domestic violence with protection from abuse. The DVA takes account of the variety of family and co-residential relationships existing in South Africa within which violence can occur.
• The Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007. This Act is more specific than the DVA in that it defines rape, sexual assault, compelled rape or sexual assault, and the compelling of persons older than 18 years to witness a sexual offense. All the aspects of gender-based violence referred to in the Sexual Offences Act are covered in the Domestic Violence Act, with the main difference being the relationships between victims and perpetrators. The DVA refers to “an intimate relationship” whereas this does not have to be the case under the Sexual Offences Act.