Fixing the Patchwork: A Comparative Analysis of Gender-Based Violence Laws in South Africa and Zambia
Year: 2025
Type: article
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.
Authors: Thamsaqa Mbanjwa, Kudzai Mpofu
Institution: Walter Sisulu University
Language: English
Subfield: Health
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $100
OpenAlex ID: W7127085131