Survivors and families put hopes in landmark GBV, femicide inquiry

On paper, South Africa has laws, policies and institutions to protect survivors of gender-based violence and femicide (GBVF).

In reality, too many people are still waiting for justice and support.

Survivors and their families in the Eastern Cape have shared harrowing accounts of trauma, prolonged delays in the criminal justice system and inadequate support as a landmark national inquiry seeks to examine how SA responds to GBV and femicide.

The Commission for Gender Equality (CGE), the South African Human Rights Commission (SAHRC) and the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) will conduct a joint national inquiry into the reporting, victim support, investigation, prosecution, sentencing and rehabilitation of GBVF cases in the country.

The commissions have invited written and oral submissions from survivors of GBVF, families of survivors, civil society, nongovernment and community-based organisations, legal practitioners, researchers, academics, service providers, experts and any other institutions or individuals who have information that may assist the inquiry.

The closing date for submissions is August 3, with details regarding public hearings, participation arrangements and procedures to be announced in due course.

“Concerns relating to delayed reporting processes, barriers experienced by survivors when accessing justice institutions, inconsistent victim support services, fragmented co-ordination between institutions, and challenges within pre-trial processes continue to require urgent examination and systemic intervention,” the commissions said in a joint statement.

Among those hoping the inquiry will bring meaningful change for victims and their families is a grandfather from Maladini village, near Qumbu.

His six-year-old granddaughter was raped last year.

“The suspect was apprehended by community members in December last year and [he allegedly] admitted to raping my granddaughter,” the grandfather said.

“He was arrested, but later we found out he had been released after the case was withdrawn.”

He told the Daily Dispatch the family were not told why the matter had been withdrawn and found out only when they saw the former suspect walking around the village.

The impact on the elderly man’s family has been devastating.

The child’s mother had turned to alcohol to cope with what happened, he said, while his granddaughter was too afraid to play outside.

“She fears she might see the man again. No child deserves to go through what she went through.

“The incident has changed her life completely,” he said.

Asonele Melaphi lost her sister, Nokwanda Patocka, who was killed by her boyfriend, Lunga Nqayi, in 2021.

Nqayi has since been convicted and sentenced to life imprisonment.

Melaphi has been advocating for the rights of GBVF survivors since the murder, starting a foundation that supports victims in her sister’s honour.

She said she would be among those making submissions to the commissions because the issue was deeply personal to her.

“I hope that they will incorporate the relevant people to make sure that this is not another meaningless endeavour,” Melaphi told the Dispatch.

“Every statistic represents a family whose lives have been changed forever.

“For us, justice is not only about securing convictions, but also about ensuring that survivors and families are treated with dignity, compassion and urgency from the moment a case is reported.

“While South Africa has made progress through legislation and policies, many families still experience delays, poor communication, secondary victimisation and a lack of co-ordinated support within the criminal justice system.

“These challenges can make an already devastating experience even more painful.”

She said she hoped the commissions’ recommendations would lead to stronger accountability, better co-ordination between institutions, improved victim support services and a criminal justice system that truly placed survivors and affected families at its centre.

The commissions said the inquiry would be conducted in different phases.

The first phase would focus on survivor testimony, followed by pre-trial functioning and accountability in the criminal justice system.

It would also examine the experiences, challenges, successes and systemic gaps and develop practical recommendations to strengthen SA’s response to GBVF.

A KuGompo City mother described the emotional and financial toll of trying to secure justice for her 11-year-old son, who was allegedly sexually assaulted last year.

Two women were arrested near the King Phalo Airport in November but there had been little progress in the case, the boy’s mother said.

“It is emotionally draining to keep travelling to court and hear that nothing has happened.

“I live far away and depend on public transport. Every trip costs money, about R100 a day, and takes a toll on me mentally.”

She said the incident had also affected her son.

“My child is struggling in school because he is afraid of women.

“I am constantly called to the school because he is not coping academically and struggles to socialise with other children.”

Parliamentary portfolio committee on women, youth and persons with disabilities chair Liezl van der Merwe welcomed the institution of the inquiry, describing it as long overdue.

“We have long maintained that GBVF victims are insufficiently supported and that the justice system is failing them.

“Provisionally, we will allocate time in our fourth‑term programme in November to receive initial feedback on the inquiry’s findings," Van der Merwe said.

She said parliament’s inquiry into statutory rape had already exposed many shortcomings in the justice and protection systems as they pertained to the fight against GBVF.

The inquiry found that “systemic failures re-victimise survivors through delays, lost evidence and insensitive treatment“.

“We expect this joint inquiry to go further to identify gaps that require urgent, co-ordinated, victim‑centred reform and clear accountability,” she said.

Children’s rights activist Petros Majola said GBV victims did not receive the attention they deserved from the criminal justice system.

“There is a lot taking place in terms of meetings, summits and other roundtable discussion platforms ... but they do not meet the expectations of victims.

“Many cases are withdrawn while some are struck off the [court] roll due to lack of evidence.

“That alone shows incompetence in the investigative part of the case,” Majola said.

The Men’s Movement’s Rev Xolamzi Sam said: “This initiative would assist victims and their families to better understand the reporting structures, while also providing a clearer understanding of how the protection order process works and what steps should be taken when orders are violated.”

Siyamthanda Ndlela of Indlezana Yezwe said the inquiry was both timely and necessary, “given the persistent barriers that survivors continue to face despite the existence of progressive laws and policies”.

She works daily with survivors in the OR Tambo district.

“We have witnessed first-hand the challenges within the justice system.

“These include delays in police investigations, poor communication regarding case progress, secondary victimisation when survivors report cases, inconsistent victim support services and delays in obtaining protection orders.

“Many survivors lose confidence in the justice system because they feel unsupported, uninformed and unsafe throughout the process.

“We are encouraged that the inquiry places significant emphasis on survivor testimony and lived experiences.

“Those most affected by GBVF must be at the centre of shaping reforms,” Ndlela said.

Indlezana Yezwe will also make submissions.