4 minute read
New Bill a step closer to ending gender-based violence
New Bill a step closer to ending gender-based violence
Towards a violence-free society
Women, Youth, and Persons with Disabilities Minister Maite Nkoana-Mashabane has published the National Council on Gender-Based Violence and Femicide (NCGBVF) Bill in the Government Gazette. The publication serves as a notice that the Minster will introduce the Bill in Parliament.
The Bill will allow for the establishment of a body to oversee the government’s plan to eradicate gender-based violence and femicide.
ELIMINATING THE SCOURGE OF VIOLENCE
The World Health Organisation estimates that 12.1 in every 100 000 women are victims of femicide in South Africa each year. This number is five times the global average.
Gender-based violence has been dubbed the “second pandemic” South Africa is facing, and to address this scourge, President Cyril Ramaphosa established the National Strategic Plan on Gender- Based Violence and Femicide on 30 April 2020. The National Strategic Plan (NSP), which had around R21 billion allocated towards it, aims to eradicate gender-based violence by 2030.
One of the key elements of the plan is the establishment of the NCGBVF to ensure the effective coordination and implementation of the National Strategic Plan on Gender-Based Violence and Femicide.
In March 2020, Cabinet approved the National Strategic Plan on Gender-based Violence and Femicide. Cabinet also approved the establishment of the Inter-Ministerial Committee on Gender-based Violence and
Femicide to establish the National Council for Gender-based Violence and Femicide.
The NSP is government and civil society’s multi-sectoral strategic framework to realize a South Africa free from gender-based violence and femicide. The NSP sets out to provide a cohesive strategic framework to guide the national response to the crisis of genderbased violence and femicide by the government of South Africa and the country as a whole.
The Bill is the first step in establishing the NCGBVF and will mark out the objects and functions of the Council. The Bill will also allow for the appointment of the Board of the NCGBVF.
“The gazetting of this Bill is a major step forward in driving a multi-sectoral, coherent strategic policy and programming framework to ensure a coordinated national response to the crisis of Gender-Based Violence and Femicide by the government of South Africa and the country as a whole. The National Council on Gender-Based Violence and Femicide, once established, will be the custodian of the National Strategic Plan on GBVF and will be responsible for driving its implementation,” explained Minister Nkoana-Mashabane.
INCLUDING ALL OF SOCIETY IN FINDING SOLUTIONS
The plan’s implementation is currently being driven by the End GBVF Collective, a volunteerism based collective of government, civil society, development partners, and business individuals who have banded together to respond to gender-based violence.
“Government has worked on drafting this Bill in consultation with multiple stakeholders in line with the Development of Public Policy and Subordinate Legislation guidelines,” Minister Nkoana-Mashabane said. This includes the business sector, labour councils, non-profit organisations, and citizens. It has been certified as constitutionally sound by the Office of the Chief State Law Adviser and has met all legal drafting requirements.
In October 2021, the department published the bill in the government gazette to solicit public input and comments. In addition, in November and December 2021, provincial consultations were held to solicit input into the bill.
Once established and operational, the Council will work with key government departments, civil society organizations, and the private sector. This will contribute to building ongoing national, provincial, and local accountability for urgent, comprehensive, and all-inclusive response to Gender-Based Violence and Femicide.
Director-General of the Department of Women, Youth and Persons with Disabilities, Advocate Mikateko Joyce Maluleke added: “As far back as 1998 the South African government promulgated the Domestic Violence Act, which covered a wide range of abuses from physical and sexual, to economic, and psychological, as well as stalking, damage to property, etc. More recently, you would have heard about The Department of Justice and Constitutional Development making amendments to the Criminal Law (Sexual Offences and Related Matters) Amendment Bill (NRSO), Domestic Violence Bill, & the Criminal Matters Amendment Bill.
“The Department of Social Development also opened up the Victim Support Services Bill for public comment. Amongst its scope, this Bill also proposes to make it a legal requirement that all service providers deal with victims of abuse in a professional manner, ensuring the dignity of the victim is preserved at all times during the process. These Bills strengthen the legal environment that provides justice for survivors of GBVF.”