Gender-Based Violence in South Africa: Rights, Protection Orders & Help

Gender-Based Violence in South Africa: Your Rights, and How to Get Protection

Gender-based violence (GBV) is violence directed at a person because of their gender. In South Africa it includes domestic violence, rape and sexual assault, harassment and stalking, economic abuse, and femicide (the killing of women). It is a crime, and it is also a violation of the rights to life, dignity, freedom and security of the person, and equality in Chapter 2 of the Constitution.

This page explains, in plain English, what the law protects you against, what a protection order is, how to get one for free, and where to get help right now.

In immediate danger, call 10111 (SAPS) or 112 from a cellphone. The GBV Command Centre is free and open 24 hours: 0800 428 428, or dial *120*7867# from any cellphone. Deaf callers can SMS "help" to 31531.

The laws that protect you

South Africa has one of the more comprehensive legal frameworks in the world on paper. The main statutes are:

• Domestic Violence Act 116 of 1998, as amended by the Domestic Violence Amendment Act 14 of 2021 (in operation from 14 April 2023). It defines domestic violence broadly — physical, sexual, emotional, verbal and psychological abuse, economic abuse, intimidation, harassment, stalking, damage to property, entering your home without consent, and any controlling or abusive behaviour that harms you. It applies to spouses, partners (including same-sex partners), people who share or shared a home, parents of a child, and family members. The 2021 amendment added online and electronic abuse, allowed online applications for protection orders, and placed duties on health-care workers and others to report suspected abuse of certain vulnerable adults.
• Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, as amended by Act 13 of 2021. It defines rape in gender-neutral terms as any unlawful and intentional sexual penetration without consent, and covers sexual assault, offences against children and persons who are mentally disabled. The 2021 amendment expanded the National Register for Sex Offenders.
• Protection from Harassment Act 17 of 2011 — for harassment or stalking by someone who is not in a domestic relationship with you, including online harassment by an unknown person.
• Criminal and Related Matters Amendment Act 12 of 2021 — tightened bail and minimum-sentencing rules in GBV matters and extended the powers of intermediaries for vulnerable witnesses.
• Constitution, 1996 — sections 9 (equality), 10 (dignity) and 12(1)(c), the right "to be free from all forms of violence from either public or private sources".

What a protection order actually does

A protection order is a court order from a Magistrate's Court that tells the abuser to stop specific conduct. It can order them not to assault, threaten, contact or come near you, your home, your workplace or your children's school; it can order them to leave a shared home; it can deal with emergency monetary relief such as rent, medical costs or school fees; and it can order the SAPS to seize a firearm or dangerous weapon.

A warrant of arrest is issued together with the order but suspended. If the abuser breaks the order, you take the warrant and your affidavit to the police and they must arrest them. Breaching a protection order is a criminal offence.

There is no charge for applying, and you do not need a lawyer.

How to apply, step by step

1. Go to the Magistrate's Court nearest to where you live, work, or where the abuse happened — or apply online through the Department of Justice's protection-order portal. The clerk of the domestic violence court will help you.
2. Complete the application form and a sworn affidavit setting out dates, what happened, and any injuries, threats, messages or witnesses.
3. If you are in immediate danger, the magistrate can grant an interim protection order the same day, without the abuser present. Outside court hours you can ask the police to contact the on-call magistrate.
4. The interim order and a return date are served on the abuser by the sheriff or the SAPS, free of charge.
5. On the return date both sides are heard and the court either confirms the order as a final protection order or sets it aside. A final order has no expiry date unless the court sets one, and it can be varied or cancelled only by a court.
6. Keep a certified copy of the order and the warrant of arrest with you at all times.

Useful evidence to take with you

• Your ID and, if relevant, your children's birth certificates
• Dates, times and a written account of each incident
• Photographs of injuries or damage to property
• Screenshots of messages, call logs, emails or social-media posts
• Medical records, the J88 form completed by a doctor or forensic nurse, or a hospital case number
• The SAPS case number (CAS number) if you have already laid a charge
• Names and contact details of witnesses

If you have been raped or sexually assaulted

• Go to a Thuthuzela Care Centre (TCC) if there is one near you. TCCs are one-stop centres run by the National Prosecuting Authority's Sexual Offences and Community Affairs unit, usually attached to a public hospital. You can report the crime, be examined, receive medication and counselling, and be prepared for court in one place.
• Try not to wash, change clothes or clean up before the medical examination, and bring the clothes you were wearing in a paper bag if you have changed.
• Post-exposure prophylaxis (PEP) to prevent HIV must be started as soon as possible and within 72 hours. It is free at public health facilities and you do not need to have opened a police case to get it.
• Emergency contraception and treatment for other sexually transmitted infections are also free.
• You may lay a charge at any police station, not only the one in the area where it happened. The police may not refuse to open a case, and they may not require you to bring your own witnesses first.
• There is no time limit for reporting rape in South Africa; prescription does not apply to sexual offences.

Reporting to the police: what should happen

The SAPS is required to assist you, help you get medical treatment and shelter, explain your right to lay a criminal charge and to apply for a protection order, and serve court documents in domestic-violence matters. You are entitled to a CAS number for your case and to be told which detective is handling it.

If the police turn you away or refuse to record your complaint, you can complain to the station commander, to the Independent Police Investigative Directorate (IPID), or to the Civilian Secretariat for Police Service, which monitors SAPS compliance with the Domestic Violence Act. Failure to comply with the Act is misconduct.

The scale of the problem

South Africa's official crime statistics are published quarterly by the SAPS and annually by Statistics South Africa; the South African Medical Research Council (SAMRC) runs the national femicide studies. Their consistent findings are that:

• Tens of thousands of sexual offences are recorded by the SAPS every year, and the great majority of rapes are committed by someone known to the victim.
• SAMRC national studies have found South Africa's female homicide rate to be several times the global average, with intimate partners responsible for a large share of those killings.
• Under-reporting is significant, so recorded crime figures understate the true prevalence.

Because these figures are updated every quarter, check the SAPS crime statistics page and the SAMRC site for the current numbers rather than relying on a figure quoted second-hand.

Where to get help

Non-governmental organisations that provide shelter, counselling and court support include POWA (People Opposing Woman Abuse), Rape Crisis Cape Town Trust, TEARS Foundation (dial *134*7355#), Sonke Gender Justice and Mosaic.

If you are supporting someone else

• Believe them, do not interrogate them, and do not pressure them into a decision.
• Help with practical things: a safe place to sleep, transport to a clinic or court, childcare, copies of documents.
• Anyone can apply for a protection order on behalf of a person who cannot do so themselves, with that person's written consent — or without consent where the court is satisfied they cannot give it. A child may apply without a parent's assistance.
• Do not post the survivor's identity or details online. Publishing information that identifies a complainant in a sexual-offence case is a criminal offence.
• Keep a written record of what you were told, with dates.

Frequently misunderstood points

• A protection order is not a criminal charge. You can have both: the protection order restrains the behaviour, the criminal case punishes it.
• You cannot "withdraw" a criminal case yourself. Once a charge is laid, the decision to prosecute belongs to the National Prosecuting Authority. You can state that you no longer wish to testify, but the NPA decides.
• Marital rape is rape. Marriage or a relationship is never consent, and the Sexual Offences Act says so explicitly.
• Men and LGBTQI+ people are also protected. The rape definition and the Domestic Violence Act are gender-neutral and cover same-sex relationships.
• Economic abuse counts. Withholding money you are entitled to, or destroying your property or documents, is domestic violence under the Act.

References

• Domestic Violence Act 116 of 1998: gov.za
• Domestic Violence Amendment Act 14 of 2021: gov.za
• Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007: justice.gov.za
• Protection from Harassment Act 17 of 2011: justice.gov.za
• Department of Justice — protection orders and domestic violence: justice.gov.za
• National Prosecuting Authority — Thuthuzela Care Centres: npa.gov.za
• SAPS crime statistics: saps.gov.za
• South African Medical Research Council — femicide research: samrc.ac.za
• Commission for Gender Equality: cge.org.za
• Legal Aid South Africa: legal-aid.co.za

This is an independent plain-English summary and not legal advice. Laws and helpline numbers change — always confirm with the Department of Justice, the SAPS or a legal adviser before acting.