A review of recent legal reforms on domestic violence

Abstract

The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, the Criminal and Related Matters Amendment Act 12 of 2021, and the Domestic Violence Amendment Act 14 of 2021 were all signed into law in 2022 to strengthen South Africa’s legislative response to gender‑based violence. Despite the enactment of these reforms, there is limited literature assessing how the new provisions have been interpreted and applied by the courts, particularly in cases involving domestic violence. Although these statutes represent important progress in enhancing the protection of victims, emerging case law suggests that several substantive and procedural shortcomings continue to hinder their effective implementation. This study examines how the South African Police Service and the courts have applied these legislative amendments in practice, and to identify gaps, failures, and systemic barriers that undermine the intended protective framework.