Gender equality
The battle for gender equality: How society influenced legal reform over the years
South Africa is a nation that is marked by a tumultuous history of segregation and inequality across racial lines, as well as gender disparity. In the advent of a democracy promising equality for all, the nation witnessed what was the beginning of a new dawn in 1994. Yet, despite significant constitutional advances and other legal reforms, gender inequality persists, reflecting deep-seated social, economic, and cultural challenges. This article explores the legal landscape, ongoing struggles, and instrumental movements that have shaped the pursuit of gender equality in South Africa over the past 31 years.
Legal framework and constitutional development
The cornerstone of South Africa's commitment to gender equality rests in its Constitution, which is often lauded as one of the most progressive in the world. Section 9 of the Constitution guarantees the right to equality and prohibits discrimination based on gender, sex, or gender identity. Additionally, the Promotion of Equality and Prevention of Unfair Discrimination Act (“PEPUDA”) provides a statutory mechanism to combat gender-based discrimination and promote equality.
Further legislative efforts include the Domestic Violence Act 116 of 1998, Protection from Harassment Act, and the Criminal Law (Sexual Offences and Related Matters) Amendment Act, among others. These laws aim to protect women and girls from violence, sexual assault, and other abuses by recognising such brutality as a barrier to gender equality.
Even with these legal protections in place, implementation often remains inconsistent. Gender-based violence (“GBV”) remains alarmingly high with over 50 000 reported cases of sexual offences annually. It has been reported that a woman or girl is killed approximately every three hours in South Africa. In 2024, a report conducted by the South African Medical Research Council (“SAMRC”) revealed that 5.5 women were killed by their intimate partners per 100 000 women between 2020 and 2021. A staggering statistic. However, the adoption of the National Strategic Plan on Gender-Based Violence and Femicide (“NSP on GBVF”) in 2020 is aimed at addressing both GBV and femicide.
Legal reforms, including the recognition of femicide as a serious form of GBV and enhanced victim support services, are ongoing, but societal attitudes that trivialise violence against women continue to impede meaningful change.
The role of movements and civil society
It is important to have an understanding of one's rights and to speak out when those rights are being transgressed. Over the past three decades, numerous social and national movements have stimulated public consciousness and paved the way for policy reform, playing pivotal roles in challenging the gender gap. To name a few, the notable social initiatives include:
> ZERO HUNGER Movement
The 2017 ZERO HUNGER advocates for food security, emphasising women's roles in agriculture and household welfare. By highlighting economic empowerment, the movement aligns with gender equality goals by pushing for land rights and access to resources. Through this movement, sustained access to nutritious food, particularly for children in vulnerable communities, may be a guarantee of the future.
> Commission for Gender Equality (“CGE”)
The CGE is an independent statutory body established in terms of Chapter 9 of the Constitution. It advises government on gender policies and monitors progress. Its reports have consistently called for stronger enforcement of existing laws and increased resources to combat GBV and inequality. Notably, the CGE has specifically called for:
- the speedy conclusion of GBV cases especially those that have been delayed for extended periods;
- specialised courts to handle these intricate issues to improve efficiency;
- increased resources for the National Prosecuting Authority;
- better training and allocation of resources for policing;
- improved data collection and monitoring; and -
- multi-sectoral collaboration.
> #SayHerName and #MenAreTrash Movements
Social media campaigns have significantly shaped discourse. The #SayHerName movement amplifies stories of violence against women and calls for justice, while #MenAreTrash became a viral hashtag underscoring pervasive patriarchal attitudes and toxic masculinity, prompting societal reflection.
> #TotalShutdown
Launched in 2018, protests were organised through this movement across South Africa with the objective of demanding action against gender-based violence. It mobilised women from diverse backgrounds, giving voice to grassroots grievances and pressuring policymakers to make meaningful changes in legislative processes. The movement presented a memorandum listing 24 demands, including calls for stronger legislative measures and accountability for perpetrators of GBV.
> #AmINext Campaign
Another social mobilisation campaign is the #AmINext campaign. This social media initiative emerged following the successive murders of women and girls in the country, and created awareness regarding the alarming rates of violence. There was a demand for stronger protective measures for female persons. These campaigns have increased public engagement and accountability, but there is still much left to be done.
Conclusion
Collectively, civil society movements continue to influence policy overhaul and legal reform. For example, #TotalShutdown played a role in promoting amendments to the Criminal Law (Sexual Offences and Related Matters) Act, and the objectives of improving victim support, court processes, and sentencing. Similarly, advocacy from movements like #MenAreTrash has prompted government initiatives to challenge restrictive societal norms that are aimed at harming women and girls, such as the Men's Dialogue on Gender-Based Violence, fostering collective responsibility.
Did you know…Civil society movements, including social media campaigns, have played a pivotal role in transforming legal policy over the years.