Following the commemoration of Child Protection Week, the country’s response to gender-based violence (GBV) and child exploitation remains under intense focus.
Recent legal proceedings and public demonstrations have underscored both the legislative progress made and the continued need for comprehensive, coordinated implementation of reforms.
Recently, Minister of Justice and Constitutional Development Mmamoloko Kubayi accepted memorandums from advocacy groups during a march to the Constitutional Court, following the sentencing of three individuals involved in the trafficking of six-year-old Joshlin Smith. The case has raised renewed concerns about the safety of children and the shifting dynamics in abuse cases.
“Ordinarily, we used to worry about fathers molesting or raping children, and mothers seeking help. Now, we are seeing new patterns where mothers themselves are involved in the exploitation of children,” said Kubayi. She called for urgent societal reflection and a strengthening of support structures.
The South African government has introduced a range of legislative reforms aimed at curbing GBV, including reviews of the Criminal Procedure Act and the Parole Act. Kubayi noted that these laws were developed in a different era and require updating to align with the current realities of crime and victim support. While the death penalty remains off the table, she affirmed support for life sentences without parole for serious offences.
“Rehabilitation must be weighed against the trauma suffered by the victims,” she stated.
President Cyril Ramaphosa has also reiterated the importance of not only legislating but effectively enforcing these reforms. “Laws cannot just be written—they must be enforced,” he said, referring to the importance of judicial accountability and consistency in sentencing. He added that departures from prescribed minimum sentences must be based on “substantial and compelling” reasons.
Attorney Karishma Leisha Ramlall, Director of LEGALWING for SA Outreach, emphasised the importance of public education in ensuring that recent legal reforms are understood and utilised effectively.
“A lot of people are unaware of the amended act. We need to constantly educate the community,” she said. Ramlall highlighted that the amended act includes additional protective measures for survivors, such as monetary relief for rent, bond payments, and maintenance. She also stressed the importance of adequate government-run shelters, stating that civil society organisations alone are not always equipped to provide necessary services.
Ramlall further noted the increasing participation of men and boys in GBV prevention initiatives.
“Boys and men have engaged in their own marches—such as the Thousand Men March—and are becoming more conscious and sensitive towards GBV,” she said.
The National Prosecuting Authority (NPA) has also contributed to ongoing reform efforts. Natasha Ramkisson-Kara, spokesperson for the NPA in KwaZulu-Natal, outlined several legislative updates, including stricter bail conditions and the expansion of the definition of domestic violence to include coercive and controlling behaviour.
“These reforms aim to provide enhanced protections for vulnerable groups, such as children and the elderly,” she said.
Ramkisson-Kara acknowledged, however, that survivors continue to face numerous challenges in accessing justice.
“Barriers such as societal stigma, economic hardship, and delayed reporting due to trauma still exist,” she explained. She added that ongoing public education, trauma-informed practices within the justice system, and comprehensive stakeholder training are essential components of addressing these challenges.
The NPA continues to support survivors through the Thuthuzela Care Centres (TCCs), which provide integrated services including counselling, legal assistance, and court preparation. Efforts are also underway to implement remote testimony systems in order to reduce secondary trauma for victims.
“We work closely with schools, traditional leaders, and civil society organisations through educational campaigns and community dialogues,” Ramkisson-Kara added.
Kubayi reiterated the importance of collaboration between government departments, noting the role of Social Development in supporting families, rehabilitation, and community resilience. She also stated that improvements have been made in tracking GBV-related cases through national databases, allowing for better monitoring of how cases progress through the legal system.
While legal reforms are ongoing, officials and experts agree that enforcement, education, and community engagement remain key to making meaningful progress.
As Child Protection Week drew to a close, the national conversation continues around the implementation of these reforms and the structures needed to support victims and prevent future harm.
