REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
ARTICLE 4: THE RIGHT TO LIFE, INTEGRITY AND SECURITY OF THE PERSON
Protection of Women from violence
107.
Sections 11 and 12 read with Section 9 of the Constitution protect every woman`s rights to life,
freedom and security. The death penalty has been abolished in South Africa and there are number
of laws to protect every woman`s rights to integrity and security.
108.
South Africa has put in place and implemented a comprehensive legislative framework that looks
at addressing violence against women and girls in all its manifestations and in its myriad of forms.
Priority has been accorded to sexual offences and domestic violence, and considerable attention
has been given to crimes such as trafficking in women and children and child pornography. Some
specific areas targeted by the law include issues of bail, sentencing, victim empowerment and
integrated responses to gender based violence.
109.
The legislative framework aimed at combating, preventing, eliminating and eradicating all forms
of violence against women includes the following:
The Criminal Procedure Act, 1997326
The Criminal Procedure Second Amendment Act, 1995327 deals with, amongst others, bail
guidelines that cover violence against women.
The Film and Publications Act, 1996328 provides for the establishment of the Film and
Publication Board whose role includes combating child pornography and the negative
stereotyping and representation of women.
The Criminal Procedure Second Amendment, 1997329 tightens bail provisions relating to
serious crimes, including violence against women.
The Domestic Violence Act, 1998330 seeks to strengthen protection against domestic
violence. The Act broadens the scope of cover of what constitutes domestic relationships
and domestic violent actions. It defines violence against women as including in addition
to physical violence, other forms such as emotional, economic, threatened violence and
stalking. The main strength of the legislation lies in protection orders against perpetrators
and the possibility of imprisonment of recidivist offenders.
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000331 defines
discrimination on the ground of gender to include gender-based violence.
The Firearms Control Act, 2000332 enables the State to remove illegally possessed fire arms
from society, control supply, possession, storage and transportation and use of firearm
and to detect and punish the negligence and criminal use of firearms.
326
Act No. 51 of 1997
Act No. 75 of 1995
328
Act No. 65 of 1996
329
Act No. 85 of 1997
330
Act No. 116 of 1998
331
Act No. 4 of 2000
332
Act No. 60 of 2000
327
166
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