Gender-based violence in South Africa is addressed by a layered statutory framework built on the Constitution’s rights to equality, life, and freedom from violence (sections 9, 11, and 12 of the Constitution of the Republic of South Africa, 1996). The Domestic Violence Act 116 of 1998 is the primary civil-protection remedy, the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007 is the principal criminal framework for sexual offences, and the National Council on Gender-Based Violence and Femicide Act 9 of 2024 is the most recent institutional layer coordinating the national response. Together with the Criminal Procedure Act’s amended bail provisions for GBV-linked offences, the Domestic Violence Regulations, and the Firearms Control Act’s surrender obligation, these statutes give victims a civil protection-order route, a criminal-charges route, and a state-coordinated institutional response. The practical entry points are the South African Police Service (for criminal charges and a public protection order), the local magistrate’s court (for a private protection-order application), and the national GBV Command Centre on 0800 428 428 for 24-hour referral and counselling.

The Constitutional and International Foundation

The statutory framework sits on three constitutional rights that the Constitutional Court has read together in its gender-based-violence jurisprudence:

• Section 9 — the right to equality, including on the grounds of gender, sex, pregnancy, and sexual orientation.
• Section 11 — the right to life.
• Section 12(1)(c) — the right to freedom and security of the person, which expressly includes the right “not to be subjected to any form of violence from a public or private source.” This phrase is the direct constitutional hook for the Domestic Violence Act.

South Africa is a state party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples’ Rights, and the Beijing Declaration and Platform for Action (1995) shaped the early domestic statutes. Two Constitutional Court decisions anchor the state’s positive duty to act on family violence:

• S v Baloyi 2000 (1) SA 812 (CC) — confirmed the state’s constitutional obligation to act against domestic violence, not merely to refrain from committing it.
• J v Director General, Department of Home Affairs 2003 (5) SA 621 (CC) — extended the framework’s reach to same-sex partners and shaped later amendments to the Domestic Violence Act.

The Domestic Violence Act 116 of 1998 — The Primary Civil Remedy

The DVA is the principal statute giving victims of domestic violence access to a protection order in the magistrate’s court. It applies to a defined list of “domestic relationships” — marriage, civil union, live-in partnership, blood relation, engagement, and a parent of a child in common — and the 2020 amendments brought unmarried intimate partners and same-sex relationships within the Act explicitly.

The Act defines “domestic violence” broadly:

Conduct recognised as “domestic violence” under the DVA

Type of abuse	What it covers
Physical abuse	Assault, attempted assault, threats of physical harm.
Sexual abuse	Any conduct that constitutes a sexual offence, including marital rape.
Emotional, verbal and psychological abuse	Patterns of degrading conduct, humiliation, and intimidation.
Economic abuse	Withholding money, denying access to finances, damaging creditworthiness.
Intimidation, harassment, stalking	Repeated unwelcome contact, threats, following.
Damage to property	Destroying or threatening to destroy the complainant’s possessions.
Entry into residence without consent	Entering the complainant’s home without permission, where they do not share a home.

A complainant may apply for a temporary protection order (interim, granted on the face of the application without the respondent present) and, after a return-date hearing, a final protection order. A final order may include prohibitions on contact, geographic exclusion, an order that the respondent surrender firearms, and an explicit “no-contact” finding. A child who is a “complainant” in a domestic-relationship matter may apply through a parent, guardian, or social worker.

The Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007

The Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007 is the primary statute criminalising rape, sexual assault, compelled sexual acts, child pornography, and related sexual offences. It also created the National Register for Sex Offenders and removed the historical distinction between “rape” and “indecent assault” by gender. The Act defines consent substantively and treats a defined set of circumstances (being under the influence of drugs or alcohol, being asleep, being unconscious, or being mistaken about the nature of the act) as a lack of consent.

Two provisions directly affect victims’ civil remedies:

• Marital rape is criminalised explicitly — the marriage exception to rape was removed by the Act.
• Section 6 of the Act provides for a protection order for the victim of a sexual offence, available alongside the Criminal Procedure Act mechanisms. The Act obliges the SAPS to inform every complainant of those rights.

Other Criminal Law Mechanisms

Common assault, assault with the intent to cause grievous bodily harm, attempted murder, kidnapping, and crimen iniuria are charged under the common law and the Criminal Procedure Act 51 of 1977. Two further statutes complete the criminal-side framework:

• Criminal and Related Matters Amendment Act 12 of 2021 (in force from 5 August 2022) — introduced GBV-specific bail considerations. Offences linked to domestic violence and sexual offences are now treated as factors weighing against bail, and courts must consider the link between the offence and GBV when deciding on bail.
• Firearms Control Act 60 of 2000 — obliges a firearms-licensed respondent to surrender firearms when a protection order is granted. Failure to do so is a criminal offence.

Domestic Violence Regulations and Femicide Response

The Domestic Violence Regulations published under the DVA set the operational framework for protection-order applications, the SAPS’ obligation to assist a complainant to lay a charge, and the form requirements (Form 1 notice, Form 2 application). The Criminal Law (Forensic Procedures) Amendment Act introduced a national DNA database relevant to sexual and violent offences, and the Femicide Working Group’s work fed the National Strategic Plan on Gender-Based Violence and Femicide.

The National Council on Gender-Based Violence and Femicide Act 9 of 2024

The National Council on Gender-Based Violence and Femicide Act 9 of 2024 (signed into law in 2024) establishes the National Council on Gender-Based Violence and Femicide as the state-coordinating body for the national response to GBV and femicide. The Council is the institutional answer to the “fragmented response” critique that followed the 2018 GBV Summit; it cuts across the SAPS, the National Prosecuting Authority, the Department of Social Development, the Department of Justice and Constitutional Development, and civil society. The Council is the statutory body now tasked with implementing the National Strategic Plan on Gender-Based Violence and Femicide (2020–2030), the state policy framework that preceded it.

How the Framework Operates Together: A Practical Map

The statutes above give a victim four parallel routes. They are not alternatives — most complainants use more than one at the same time.

Routes available to a victim of gender-based violence

Route	Where it starts	What it produces
Civil	Magistrate’s court in the district where the complainant or respondent lives (Form 2 application; Form 1 if SAPS assisted).	Temporary protection order on the papers; final protection order after the return-date hearing.
Criminal	SAPS station where the incident occurred. SAPS must assist any person claiming to be a victim (DVA s 3).	Criminal case docket; arrest where appropriate; referral to the Family Violence, Child Protection and Sexual Offences (FCS) unit.
Sexual-offence support	SAPS station; referral to the designated Thuthuzela Care Centre where one is available.	Forensic, medical, and counselling support; case routing to the specialised sexual-offences prosecutor.
Support and institutional	GBV Command Centre on 0800 428 428; SMS “Please Call Me” to 31531. Commission for Gender Equality for state-organ complaints.	24-hour counselling, safety planning, shelter referral; state oversight.

For Gauteng applicants, the civil route runs through the local magistrate’s court — protection orders are not filed at the High Court, and the absence of a police case does not block a protection-order application. The criminal route runs through the SAPS station where the incident occurred, with the docket referred to the specialised FCS unit. Two practical points recur in the field: protection orders are not granted at the High Court, and the SAPS cannot lawfully refuse to take a domestic-violence statement.

If you are facing domestic violence or need to apply for a protection order, Burger Huyser Attorneys’ Family Law practice can assist with the protection-order application, the supporting affidavit, and the return-date hearing. The firm operates from its head office in Linden, Randburg (011 888 0246) and branches across Gauteng — Bedfordview, Alberton, Sandton, Roodepoort, Midrand, Centurion, and Pretoria (Menlyn) — and routes GBV-related protection-order work through the Family Law department. For immediate safety, contact the SAPS and the GBV Command Centre on 0800 428 428 before instructing an attorney; for a non-urgent legal consultation, the nearest branch will book a same-week intake.

Frequently Asked Questions

What is the main law against gender-based violence in South Africa?

South Africa does not have a single “GBV law”; it has a layered framework. The Domestic Violence Act 116 of 1998 is the primary civil-protection statute giving victims access to a protection order, and the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007 is the primary criminal statute for sexual offences. The framework is anchored in sections 9, 11, and 12 of the Constitution, with the National Council on Gender-Based Violence and Femicide Act 9 of 2024 as the most recent institutional layer.

How do I get a protection order in South Africa?

Apply at the magistrate’s court in the district where you or the respondent live (Form 2 application, supported by Form 1 if the SAPS assisted). A temporary protection order is typically granted on the papers without the respondent being present; a return-date hearing is then scheduled for a final order, which can include a no-contact order, geographic exclusion, and a firearm surrender order against the respondent.

Does the Domestic Violence Act apply to unmarried or same-sex partners?

Yes. The 2020 amendments to the DVA brought unmarried intimate partners and same-sex relationships within the Act’s definition of “domestic relationship.” A complainant does not need to be married or in a civil union to qualify for protection.

Can I lay a criminal charge at the police station for gender-based violence?

Yes. The Domestic Violence Act obliges the SAPS to assist any person who claims to be a victim of domestic violence; the SAPS must take a statement, arrest the suspect where appropriate, and refer the complainant to a shelter or medical care. For sexual offences, the SAPS should refer the case to the designated Thuthuzela Care Centre where one exists in the area.

What is the role of the National Council on Gender-Based Violence and Femicide?

The National Council on Gender-Based Violence and Femicide, established by the National Council on Gender-Based Violence and Femicide Act 9 of 2024, is the state-coordinating body for the national response to GBV and femicide. It brings together the SAPS, the National Prosecuting Authority, the Department of Social Development, the Department of Justice and Constitutional Development, and civil society under one institutional umbrella, and is tasked with driving the National Strategic Plan on Gender-Based Violence and Femicide (2020–2030).

Where can a victim of gender-based violence get help right now?

The 24-hour national Gender-Based Violence Command Centre (GBVCC) takes calls on 0800 428 428 and “Please Call Me” SMS lines to 31531; it provides counselling, safety planning, and referral to police, social services, and shelters. The nearest SAPS station will assist with a criminal charge and, where appropriate, a protection order.