The Crisis of Gender-Based Violence and a Failing Justice System.
Attention: Editors
Date: 10 April 2025
The recent events in South Africa underscore serious flaws in our Justice System —particularly in how Gender-Based Violence (GBV) cases are reported and handled. These failures are evident at every stage of the judicial process – from poor police responses and delays in prosecution to the inability to bring cases to conclusion – leaving survivors without justice, closure, or meaningful recourse.
South Africa has long had a fraught relationship with the societal positioning of womxn, a legacy rooted in colonialism apartheid and patriarchal power structures that continue to shape our institutions and cultural norms. This legacy has led to a dangerous disconnect between womxn, their bodies, and the systems meant to protect them. While patriarchy remains deeply embedded in the DNA of our society, it is reinforced daily through institutional neglect, economic dependency, harmful masculinities, and the normalisation of violence in both private and public life. We must move beyond surface-level commitments and interrogate how power, gender and inequality intersect to enable the continued violation and silencing of womxn, and examine the failings of our current efforts, both as a society and our government institutions, to address GBV.
Two major incidents this past week have captured the national conversation.
The first was the rape of a 7-year-old girl, Cwecwe, in the Eastern Cape. The child’s mother shared her story on social media, drawing attention to the disturbing lack of urgency from both the school and the South African Police Service (SAPS) in responding to the crime. Public outrage quickly followed, with protests erupting across the country demanding swift justice and structural reform.
The second was the acquittal of Pastor Timothy Omotoso, a foreign national pastor who had faced serious charges of rape, sexual assault, and human trafficking reportedly due to a technical oversight by the National Prosecuting Authority (NPA). His not-guilty verdict was a devastating blow—not only to survivors of his alleged crimes but to all who continue the fight against GBV in South Africa. The judgment delivered a chilling message to survivors: You Are on Your Own.
These are just two events that expose the deep cracks in our systems of justice and accountability that are meant to protect and promote the well-being and dignity of womxn and girl- children in South Africa. Cwecwe’s case highlights the barriers survivors face when seeking justice, from the trauma of reporting to the failure of the system to protect them, Cwecwe’s case underscores the extreme vulnerability of young girls in our society. When the justice system fails children, it not only retraumatises the survivor; it sends a chilling message to all young girls that their pain is negotiable, their safety secondary. While the Omotoso ruling shows how difficult it is to see justice through. This week has made painfully clear the compounded trauma survivors endure—both during the assault and long after, through the very systems meant to protect them.
As Oxfam South Africa—an organisation rooted in African Feminism—we cannot remain silent. We stand for the empowerment of the most vulnerable: rural Black womxn living in poverty. It is they who bear the brunt of this country’s GBV epidemic and the lack of urgency in addressing it. Disturbingly, they are being preyed upon in places that should offer safety and sanctuary—schools and churches have become hunting grounds for predatory perpetrators.
To achieve real, lasting change, we need unified, urgent action from all branches of government. Government must own up to the fact that its own spaces – from schools to police stations and courts – are often not safe and empowering spaces. Government has failed to build systems that support survivors to report injustices without fear or further trauma. The justice system itself must be reviewed for gender sensitivity and responsiveness.
“The Omotoso ruling is not just a legal failure—it is a moral one. It is also a systemic discouragement to those who suffer at the hands of sexual predators.” says Oxfam South Africa’s Acting Executive Director, Nkateko Chauke.
A mere statement from the NPA is not enough. We need a deeper interrogation of how legal technicalities, parole procedures, and outdated frameworks continue to re-traumatise victims.
We call on the following institutions to develop a coordinated, intersectional action plan:
- The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities – to confront the complicity of religious and cultural institutions in shielding abuse, by investigating exploitative leaders, holding institutions accountable and advancing rights-based Codes of Conduct rooted in justice and constitutional values.
- The Department of Education – to urgently strengthen its child protection and safeguarding measures within schools, implementing survivor-centred protocols for identifying, reporting, and responding to GBV in school environments.
- The Department of Women, Youth and Persons with Disabilities – to hold interdepartmental partners accountable for their roles in prevention, protection, and justice.
- The South African Police Service – to treat GBV as the national emergency it is, by responding with urgency, centering survivors, and restoring trust through meaningful on-the-ground action. To ensure that the Family Violence, Child Protection, and Sexual Offences (FCS) units are operational at all police stations to encourage safe spaces for survivors to report these crimes without fear of re-traumatisation.
- The NPA – for accountability in prosecution and prevention of technical failures like in the Omotoso case.
- The Department of Justice and Constitutional Development – for systemic reform and prioritisation of survivor-centred justice.
- The Presidency/Office of the President – for political will, leadership, and resourcing of the National Strategic Plan on GBV.
- Faith-based institutions and religious leaders to not remain silent and account for abuses within church settings and to take active roles in prevention.
The time for fragmented responses has passed. South Africa must treat GBV as the national crisis that it is—with urgency, with empathy, with accountability and with justice.
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Media Advisory Contact Person:
For interviews with Oxfam South Africa’s Acting Executive Director, Nkateko Chauke, contact Bongani Maseko on ozacommunication@oxfam.org.za or +27-61-545-9425
