As South Africa observed National Women’s Day, marking the 67th anniversary of the women’s march of 1956 against racist apartheid laws, civic organisations made it a point to highlight the continued plight of women caught up in rising gender-based violence and its statistics.
The use of court orders to “gag” or silence victims of gender-based violence has again taken centre stage, as a woman, supported by the Women’s Legal Centre (WLC), is waiting to hear the outcome of an appeal in the Johannesburg High Court to allow her to publicly speak about her alleged rape ordeal at the hands of her ex-boyfriend.
The appeal seeks to overturn an order made by the Randburg Magistrate’s Court which had prohibited the woman through a protection order, from publishing or posting the rape allegations on any platform, including social media; or contacting him and any related person.
According to court papers, the woman had together with two others, made complaints to three organisations; who her ex-boyfriend worked with, that she did not consent to sex with him in 2019.
He then approached the courts for a protection order.
The man, who denies the allegations, seeks an order for the matter to be referred for oral evidence for the allegations to be tested.
The Women’s Legal Centre has intervened as friend of the court.
In submissions by the WLC, they focus on bringing the lived reality of women before the court by illustrating the nature and extent of gender-based violence in South Africa, including the silencing impact of such harm on victims of rape.
“The duty of the Courts to protect women from gender-based violence, and the fact that such duty includes the judicial tool of intersectionality and the misappropriation of legislation designed to protect women from sexual and gender-based violence being used to silence them.
“The implications of the magistrate’s order are staggering.
“It means, in essence, that women who survive rape must not tell others about it.
“They must not talk to anyone about it, for fear that they will be sued in court. And indeed, with respect, this is exactly what the court a quo has done.
“This is inconsistent with the Constitution and the jurisprudence of the Constitutional Court to protect women from gender-based violence,” the WLC said.
Meanwhile Hope for the Future founder, Vanessa Nelson said women’s day was not one to celebrate as women and children were failed 365 days a year.
“When I think of the number of women who come to us for support, I don’t see how it should be celebrated nationally, when our justice system continues to fail women.
“For me, it’s a sad day to think of what women and children are going through, perpetrators being brought back into our society.
“Our government and our justice system need to show more empathy and do more for our women and children,” she said.
Ilitha Labantu, which advocates for the rights of women, said in spite of having the world's most progressive constitutions, laws do not translate themselves into a reality where the rights and dignity of women are respected.
“Violence that is perpetrated on women and children in South Africa occurs at an incomprehensible scale.
The first quarter crime statistics of 2023 indicate that 969 Women were murders and total of 10 512 rapes were reported in the first 3 months of 2023, furthermore over 15 000 assault cases with grievous bodily harm were investigated by the police, these statistics are reflective of a society that is at war.
“We appeal to the government to implement stronger measures to address crime and violence in South Africa, as well as to support those directly affected by violence (GBV).
“Our justice system needs to play their part by imposing harsher sentences on those perpetrating these crimes,” the organisation’s spokesperson, Siyabulela Monakali said.
Cape Times