Navigating Acquittals in Gender-Based Violence Cases in South Africa: Strategies for Strengthening Legal Outcomes and Supporting Survivors

Norless Zibele Nodangala ORCID iD & Bulelani Thukuse ORCID iD 

Issue: Vol. 6 No.14 Article 5 pp.3707 – 3716
DOI: https://doi.org/10.38159/ehass.202561414| Published online 29th December, 2025
© 2025 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).

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The purpose of this study was to examine the legal and procedural challenges surrounding acquittals in cases of gender-based violence (GBV) in South Africa, with a focus on strategies to strengthen legal outcomes and support survivors. Although South Africa has made significant strides in developing a robust legal framework to combat GBV, the high rate of acquittals in these cases raises concerns about the effectiveness of the justice system. This study examined whether existing legal mechanisms adequately protect survivors and hold perpetrators accountable or if gaps in evidence collection, prosecutorial approaches, and judicial interpretation contribute to case dismissals. With legislative provisions, court rulings, and procedural shortcomings, this paper assessed whether the current legal framework aligns with constitutional principles of justice, equality, and protection from harm. Additionally, the study evaluated the role of law enforcement, prosecutorial strategies, and survivor support systems in improving conviction rates and ensuring access to justice. It further investigated the impact of acquittals on survivors’ well-being, societal perceptions of justice, and broader efforts to combat GBV. This study aims to provide recommendations for legal reforms, enhanced prosecutorial strategies, and victim-centred approaches that strengthen legal outcomes and reduce barriers to justice. It is hoped that the insights collected in this study will contribute to the ongoing discourse on improving accountability, survivor protection, and overall effectiveness of the legal system in addressing gender-based violence in South Africa.

Keywords: Gender-Based Violence, Acquittals, Legal Reform, Survivor Support, Criminal Justice System

Constitution

The Constitution of the Republic of South Africa, 108 of 1996.

Legislation

Domestic Violence Act 116 of 1998.

Prevention of Organised Crime Act 121 of 1998 (POCA)

Prevention and Combating of Trafficking in Persons Act 7 of 2013.

Sexual Offences and Related Matters Amendment Act 32 of 2007.

Cases

S v Khumalo and Another SS031/2021[2022] ZAGP JHC 167(16 March 2022).

S v Omotoso and Others (CC15/2018) [2025] ZAECQBHC 8 (2 April 2025).

International Frameworks

African Charter on Human and Peoples’ Rights (“the African Charter”).

Elimination of All Forms of Discrimination Against Women.

Protocol to the African Charter on Human and Peoples’ Rights on Women’s Rights in Africa.

 

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Zibele N. Nodangala (LLM) (C. Laude) (PhD Candidate) Lecturer & Chairperson Faculty of Economic & Financial Sciences: Teaching & Learning, Business Management and Economics Department, Walter Sisulu University, South Africa.

Bulelani Thukuse (LLB) (LLM Candidate), School of Law, Faculty of Law, Humanities & Social Sciences, Walter Sisulu University, South Africa.

Nodangala, Norless Zibele, and Bulelani Thukuse. “Navigating Acquittals in Gender-Based Violence Cases in South Africa: Strategies for Strengthening Legal Outcomes and Supporting Survivors.” E-Journal of Humanities, Arts and Social Sciences 6, no. 14 (2025): 3692 – 3706, https://doi.org/10.38159/ehass.202561414

© 2025 The Author(s). Published and Maintained by Noyam Journals. This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).

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