President Ramaphosa
By Mpho Moloi
Cape Town, 09 April 2025 – President Cyril Ramaphosa has emphasised the urgent need to confront and address existing blind spots within the legal system, which continue to undermine the rights and interests of survivors of gender-based violence (GBV). Speaking at the 17th Biennial Conference of the International Association of Women Judges (IAWJ) in Cape Town on Wednesday, the President called for swift action to tackle these legal gaps to ensure justice for survivors and strengthen the fight against GBV and femicide across South Africa and beyond.
A Global Gathering to Tackle GBV
The IAWJ conference, running from 9 to 12 April 2025, has brought together around 900 judges, magistrates, legal professionals, and policymakers from across the globe. Held at the Cape Town International Convention Centre, this year’s event is themed “Resilience: Women in Leadership to End Gender-Based Violence & Femicide”. It marks a historic moment as the first IAWJ conference hosted in South Africa under the leadership of Chief Justice Mandisa Maya, who also serves as the IAWJ Vice President.
In his keynote address, President Ramaphosa underscored the importance of identifying and resolving deficiencies in the legal system. “A central issue is overcoming the blind spots in the law and the legal system that are working against the rights and interests of survivors,” he said. “For the fight against gender-based violence to be strengthened and have a measurable and sustainable impact, it is critical that these deficiencies are addressed to bring about change.”
Strengthening South Africa’s Legal Framework
This is not the first time President Ramaphosa has engaged with the IAWJ on this pressing issue. He last addressed the association in 2022, a pivotal year when South Africa introduced a trio of laws aimed at bolstering protections for GBV survivors. Following widespread public consultation, amendments were made to three key pieces of legislation:
1. Criminal Law (Sexual Offences and Related Matters) Amendment Act: This introduced the offence of sexual intimidation and widened the scope of the National Register for Sex Offenders to better track perpetrators.
2. Criminal and Related Matters Amendment Act: Changes here tightened bail conditions, regulated sentencing for crimes against vulnerable groups, and ensured survivors could participate in parole proceedings.
3. Domestic Violence Act: Updates expanded definitions of domestic violence and allowed survivors to apply for protection orders online, making the process more accessible.These reforms were part of South Africa’s broader National Strategic Plan (NSP) on Gender-Based Violence and Femicide, launched after the 2019 Presidential Summit on GBVF. The NSP, built on six pillars including accountability, prevention, and economic empowerment, reflects a multifaceted approach to tackling this national crisis.
Laws Must Be More Than Words
While these legal advancements are significant, President Ramaphosa stressed that having laws on paper is not enough—they must be effectively implemented. “In the context of gender equality, and within the context of high levels of gender-based violence more specifically, what do we mean? It means laws cannot just be written—they must be enforced,” he said. “It means that perpetrators must be held accountable, and that the sentences they are given should reflect the seriousness of their crimes.”
He also pointed to the role of judicial discretion in sentencing, noting that any deviation from prescribed minimum sentences must be backed by “substantial and compelling” reasons. This, he argued, is crucial to ensuring justice reflects the gravity of GBV offences.
Fairness for Survivors
A key focus of the President’s address was the treatment of GBV survivors within the courts. “It means fairness, and this doesn’t only apply to an accused’s right to a fair trial. It also applies to fair treatment of survivors of GBV by our courts, and that they should not be subjected to bias and victim-blaming,” he said. This call echoes long-standing concerns from activists and survivors who have highlighted secondary trauma caused by insensitive court processes.
South Africa has made strides in this area, notably abolishing the cautionary rule in 1998—a legal principle that treated testimony from sexual offence complainants, particularly women and children, with extra caution. President Ramaphosa urged the IAWJ to advocate for similar reforms globally, noting that some countries still apply versions of this outdated rule, which undermines efforts to combat GBV.
The Power of Women Judges
The President hailed the IAWJ as a “catalyst for change”, praising the unique perspective women judges bring to the bench. “As women judges, your lived experiences provide insight into the realities behind the cases, and you have the power to reshape how the law is interpreted, how justice is delivered, and how society evolves,” he said. “This conference is an opportunity to sharpen our collective commitment to law that heals, courts that transform, and to systems that centre humanity.”
Chief Justice Mandisa Maya, a trailblazer as South Africa’s first female Chief Justice, embodies this transformative potential. Her leadership at the conference underscores the growing influence of women in the judiciary. Today, women make up 48% of judges in South Africa’s superior courts, with six out of 15 superior courts led by women, including the Constitutional Court and Supreme Court of Appeal.
Beyond the Law: A Multifaceted Approach
President Ramaphosa emphasised that legal reforms alone cannot end GBV. He called for a broader strategy that includes education, awareness, and economic empowerment. “In addition to utilising the law, we need to embark on many other efforts to combat gender-based violence and femicide and have a multifaceted approach that will include education and spreading awareness about the importance of gender equality from a young age,” he said.
Engaging men and boys was another priority he highlighted. “We must make men and boys part of the conversation to prevent gender-based violence,” he urged, noting that shifting societal attitudes is key to long-term change. He also linked women’s economic independence to reduced vulnerability, stating, “We should also as society insist that women should have more control over their lives and economic independence which will reduce their vulnerability to violence.”
South Africa’s Ongoing GBV Crisis
The urgency of these efforts is starkly illustrated by South Africa’s GBV statistics. The country has one of the highest rates of femicide globally, with thousands of women and children killed each year. Daily reports of rape and domestic violence continue to shock communities, prompting widespread calls for action. The government has responded with initiatives like the expansion of Thuthuzela Care Centres—specialised facilities offering support to survivors—and increased funding, including R1.6 billion allocated in 2019 under an Emergency Action Plan.
A Call to Action
As the conference continues until Saturday, 12 April, President Ramaphosa expressed confidence in its outcomes. “I wish you well in your deliberations and I am confident that the outcomes of this conference will make a significant impact in advancing the fight against gender-based violence and femicide,” he concluded.
The event has already sparked discussions on global best practices, with delegates sharing strategies to strengthen judicial responses to GBV. For South Africa, it’s a chance to showcase progress—like the 2024 signing of the National Council on Gender-Based Violence and Femicide Bill—while learning from international peers.
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