Fixing the Patchwork: A Comparative Analysis of Gender-Based Violence Laws in South Africa and Zambia

Fixing the Patchwork: A Comparative Analysis of Gender-Based Violence Laws in South Africa and Zambia

Thamsaqa Mbanjwa & Kudzai Mpofu

Issue: Vol.6 No.15 Article 5 pp. 4289 – 4299
DOI: https://doi.org/10.38159/ehass.20256155| Published online 30th 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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ABSTRACT

This study critically examines the legislative frameworks addressing gender-based violence (GBV) in South Africa and Zambia, with the aim of assessing their effectiveness in preventing, prosecuting, and responding to GBV. Using a comparative legal methodology, the research analysed statutory instruments such as South Africa’s Domestic Violence Amendment Act and Criminal Law (Sexual Offences and Related Matters) Amendment Act, alongside Zambia’s Anti-Gender-Based Violence Act. The findings revealed that South Africa’s fragmented approach, while progressive in intent, suffers from enforcement challenges, limited victim support, and a lack of conceptual clarity. In contrast, Zambia’s unified and victim-centred legislation demonstrates procedural efficiency, robust institutional support, and effective community engagement through specialised GBV courts and victim support units. The paper recommends the adoption of a single, consolidated GBV statute in South Africa, informed by Zambia’s integrated model. It further advocates for expanded access to protection orders, better rural outreach, and the establishment of specialised courts and police units. The study contributes to the discourse on gender justice by highlighting the importance of coherent legal frameworks and intersectoral coordination in addressing GBV. It provides a model for legislative reform that other jurisdictions in the Global South might consider adopting to enhance gender equality and state accountability.

Keywords: Gender Based Violence, Sexual Harassment, Community Engagement, Gender Justice.

BIBLIOGRAPHY

Legislation

South Africa

Constitution of the Republic of South Africa, 1996.

Domestic Violence Act 116 of 1998

Domestic Violence Amendment Act 14 of 2021.

Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.

Criminal Law (Sexual Offences and Related Matters) Amendment Act 13 of 2021.

Criminal and Related Matters Amendment Act 12 of 2021.

Prevention of Family Violence Act 133 of 1993.

Cybercrimes Act 19 of 2020.

Films and Publications Act 65 of 1996.

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

Zambia

Constitution of Zambia (Amendment) Act 2 of 2016.

Anti-Gender Based Violence Act 1 of 2011.

National Prosecuting Authority Act 34 of 2011.

Other Publications

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Chidoori, Rumbidzai Elizabeth. Putting Women First: Zambia’s Anti-Gender Based Violence Act of 2011. Pretoria: African Union, 2011.

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ABOUT AUTHOR(S)

Mr. Thamsaqa Mbanjwa is a Legal Intern at the Walter Sisulu University Law Clinic, where he provides community-based legal assistance in areas such as gender-based violence, maintenance claims, and divorce proceedings. He recently completed his Master of Laws dissertation titled A Case for the Unification of Gender-Based Violence Legislation in South Africa, which examined the challenges posed by fragmented statutory frameworks and advocated for a consolidated legislative model. His research focuses on criminal justice, gender law, and access to justice. Through his work at the Law Clinic, Mr Mbanjwa is actively involved in the practical implementation of legal protections for vulnerable communities, thereby bridging the gap between legal theory and community service.

Kudzai Mpofu (LLD) is a Senior Lecturer in the School of Law at Walter Sisulu University and a Visiting Scholar at the University of Glasgow (School of Law). He is a former Postdoctoral Research Fellow at North-West University and holds an LLD in Mercantile Law from the University of the Free State, specialising in business rescue and insolvency. His research interests include corporate insolvency, business rescue, cross-border insolvency, competition law, and financial regulation. Dr Mpofu is a member of INSOL International, South Africa Insolvency and Restructuring Association, an Associate Editor of the African University Law Review, and the founder of an academic exchange programme between Walter Sisulu University and the Bankruptcy Law and Restructuring Research Centre at the China University of Political Science and Law. He also serves as an external examiner and peer reviewer for several South African universities and accredited law journals.

TO CITE ARTICLE

Mbanjwa, Thamsaqa, and Kudzai Mpofu . “Fixing the Patchwork: A Comparative Analysis of Gender-Based Violence Laws in South Africa and Zambia. E-Journal of Humanities, Arts and Social Sciences 6, no. 15 (2025): 4289 – 4299, https://doi.org/10.38159/ehass.20256155.