4.2. Trends in Legal, Policy and Institutional Reform

4.2.1. Legal Reforms

Throughout the AWD, Southern African countries adopted legal reforms relevant to eradicating VAW and harmful practices. All countries in the region, except Lesotho, have laws on domestic violence. Angola passed its Domestic Violence Act in 2011 and its implementing regulations in August 2013.1496 The Act classifies marriage with a child under the age of 14 as a public order offence, a complaint that cannot be withdrawn.1497 Zambia passed the Anti-GBV Act, 2011, which provides for the protection of victims of GBV, creates shelters for victims, both adult and children, and establishes an Anti-GBV Fund. The Act defines GBV as any “physical, mental, social or economic abuse against a person because of that person’s gender” to the person and includes violence that results in physical, sexual or psychological harm or suffering and that occurs in a domestic relationship.1498 Eswatini promulgated the Sexual Offences and Domestic Violence Act 2018, which recognises that a previous or existing relationship cannot be used as a defence for any SGBV offence, thus in effect criminalising marital rape, including any sexual act with a spouse who is a child.1499 In January 2020, the first Eswatini man was arrested for committing marital rape and tried in court.1500 Malawi’s 2015 Marriage, Divorce and Family Relations Act allows a spouse to “deny the other spouse the right to consummation on reasonable grounds.”1501

Other legislation adopted during the Decade provides protection against sexual harassment. In 2011, the South African Parliament enacted the Protection from Harassment Act, under which sexual harassment includes mental, psychological and economic harm.1502 In addition, the Criminal Law (Sexual Offences and Related Matters) Amendment Act 6 of 2012 was passed to provide for effective prosecution and conviction of offenders.1503 Mozambique adopted a new Penal Code that criminalises sexual harassment.1504

Harmful practices appear as specific prohibited forms of abuse in several pieces of legislation, including those in South Africa, Zambia and Zimbabwe, which prohibit forced virginity testing, sexual cleansing and forced spousal inheritance.1505 FGM was criminalised in two countries (Mozambique and Zambia) during the AWD.1506 Malawi’s Gender Equality Act 2013 bans “sexual cleansing,” a cultural practice meant to cleanse girls and women after they have started menstruating (kusasa fumbi), after they have become widows (kulowa kufa) or after an abortion.1507

Some Southern African countries have passed legislation to abolish child marriage and protect children, in particular young girls. Mozambique adopted the Prevention and Combat Against Early Unions Act in 2019, which completely prohibits marriages of minors under 18 years of age.1508 The Act also imposes a penalty of two to eight years in prison and a fine for those who knowingly authorise marriage in which one or both parties are under 18 years.1509 In Eswatini, the Children’s Protection and Welfare Act of 2012 grants any person under 18 the right to refuse any customary or traditional practice that can negatively affect them.1510 The Act also penalises parents and guardians who collude with adult men to orchestrate forced child marriages through a practice known as kwendizisa. 1511

Several laws have been passed that address trafficking in persons, which is still widespread in the region. Angola, Botswana, Lesotho, Malawi, South Africa and Zimbabwe adopted new legislation during the Decade, so that all SADC countries now have laws on trafficking in persons. The Eswatini Sexual Offences Act 2018 established new penalties for perpetrators of sex trafficking and new legal protections for victims of exploitation, including sex trafficking.1512 Botswana, Malawi and Namibia adopted national action plans to combat trafficking in persons.1513

4.2.2. Policy and Institutional Reforms

Southern African countries adopted national policies, programmes and strategies combating both VAW and harmful practices throughout the Decade. Eight countries (Angola, Botswana, Malawi, Mozambique, Namibia, South Africa, Zambia and Zimbabwe) developed national strategies to eradicate VAW. For example, the National GBV Strategy 2015–2020 of Botswana aims to prevent and eliminate GBV and recognises men as critical partners in achieving this.1514 Three countries implemented the AU Campaign to End Child Marriage at a national level: Lesotho (2017), Zambia (2016) and Zimbabwe (2015). A nationwide campaign was started in Angola in 2015 to discourage early marriage and ensuing early pregnancy.1515 However, in some instances pregnant girls are excluded from regular education and asked to switch to night school.1516 Malawi has adopted the National Strategy to End Child Marriage 2018–2023.1517 Four countries (Botswana, Malawi, Zambia and Zimbabwe) have adopted national action plans to combat trafficking in persons. The Zimbabwe Trafficking in Persons National Plan of Action 2016–2018 includes objectives such as establishing a sustainable national reintegration and rehabilitation programme for identified victims of trafficking.1518 It also aims to raise public awareness of trafficking in persons and to enact laws that support the Trafficking in Persons Act.1519

Institutional reforms to curb and eliminate VAW are taking place in several countries. These include the establishment of specialised courts for prosecuting SGBV in South Africa and Zambia. South Africa has had sexual offences courts for decades but has continued to upgrade and add more such courts and in 2017 developed minimum standards for this. As of 2020, there were 106 sexual offences courts nationwide.1520 Zambia began establishing GBV fast-track courts in 2016, with seven in place by 2019.1521 In Malawi, the police service established victim support units,1522 as did South Africa and Zambia. Namibia established 17 gender-based violence protection units, which operate under a multi-sectoral approach,1523 and its GBV Protection Unit in the Windhoek police facility, renovated in 2019, serves as a centre of excellence to provide victim-centred support services. 1524

Various campaigns, especially those using toll-free lines, demonstrate innovations in the fight against VAW. Botswana’s Ministry of Nationality, Immigration and Gender Affairs has adopted phone-based projects to tackle GBV,1525 and in Lesotho, through the Nokaneng Programme, victims can receive counselling via an app.1526 Angola’s Ministry of Social Action, Family and Women Promotion created a free hotline to report domestic violence in 2016,1527 as did the Botswana Police Service in 2020.1528 Namibia has a helpline managed by the police for reporting VAW and trafficking in persons.1529 Namibia’s Ministry of Gender Equality and Child Welfare, in collaboration with the National Coordinating Body and the UN, launched the National Referral Mechanism and Standard Operating Procedures in 2019 for the identification, protection, referral and safe return of victims of trafficking.1530 South Africa’s Department of Social Welfare has a hotline as well as a text and Skype option for reporting various VAW incidents.1531 Zimbabwe’s hotline, funded by the UN Spotlight Initiative, recently expanded its operation to meet the needs of victims during the COVID-19 pandemic.1532

Countries have also established capacity-building initiatives for law enforcers and first responders to develop service provision to responsive victims and survivors. Angola, Botswana and Mozambique have introduced gender-related training for police. Botswana has standardised the treatment of survivors of VAW within the health sector, and Mozambique has established collaboration between health units and the police.1533 Countries are training law enforcement officers, prosecutors, magistrates and health personnel to ensure compliance and best practices when these duty-bearers interact with survivors of VAW.1534

During the Decade, courts issued important rulings related to VAW and harmful practices. In 2016, the Constitutional Court of Zimbabwe ruled that the minimum age for all marriages was 18, as specified by

Figure 27 Southern Africa: women who have experienced physical and/or sexual violence from an intimate partner at some time in their life, 2019 (% of ever-partnered women)

Lesotho 62.0%

Zimbabwe 35.4%

Mozambique 21.7% Zambia 42.7%

Angola 34.8%

South Africa 20.6% Malawi 37.5%

Namibia 25.0%

No data available for Botswana and Eswatini. Source: OECD (2020) “Violence against women (indicator)” .