What a ‘Living Will’ Is and When It Is Needed

A ‘living will’, also called an advance healthcare directive, is a separate document from your legal will. It does not deal with money, property, or inheritance. Instead, it records your wishes about medical care and personal decisions if there ever comes a time when you cannot speak or make choices for yourself.

It is intended for hospitals, doctors, and healthcare providers, and only applies in specific situations. These may include terminal illness, permanent unconsciousness, advanced cognitive decline, or an irreversible medical condition where a medical practitioner confirms there is no reasonable prospect of recovery.

A common fear is that completing a ‘living will’ will end care too soon. This is not true. It does not stop treatment or reduce care. You will continue to receive appropriate medical support, comfort care, pain relief, and palliative care at every stage. Its purpose is not to shorten life but to guide care if treatment would only prolong life artificially rather than support comfort and dignity.

Separate from Your Legal Will
A living will does not replace a legal will. The two documents serve different purposes. Your legal will applies after death and deals with your estate, while a living will applies while you are still alive but unable to communicate. Many people choose to include a note in their living will stating where their legal will is stored and who holds it, helping loved ones avoid unnecessary stress during an emotional time.

What a Living Will Can Include
A living will can be short, clear, and practical. Many people choose a one-page format that covers the essentials. It may include:

When the living will should apply

Preferences around life-prolonging treatment such as CPR, ventilation, or artificial feeding
A clear request for comfort care, pain relief, and palliative support
Consent or refusal for organ and tissue donation
Wishes around donating your body to medical science
Religious, spiritual, or cultural considerations that should be respected
Preferences for traditional burial, cremation, or other cultural practices
Funeral or memorial wishes, whether religious, traditional, family-only, or no service
Where your legal will is stored and who to contact

Including religious or traditional burial wishes is especially important where faith, culture, or custom plays a role in how care is given or how the body should be treated after death. Writing these wishes down helps families and healthcare teams honour them with confidence.

Legal Status in South Africa
In South Africa, while a living will is not legally binding under statutory law, it carries significant moral and medical weight. Courts and doctors often respect it as evidence of your wishes and it is supported by constitutional rights to bodily integrity and dignity.

Requirements for Validity
To ensure your living will is effective, there are a few important points to remember:

You must be 18 years or older.
You should have mental capacity when signing.
You need to be fully informed about your condition and treatment options.
The doctor must be satisfied that you have not changed your mind.

Important Limitations
It’s also essential to understand the limitations of a living will:

You cannot request euthanasia or assisted suicide, as these are illegal in South Africa.
A living will does not appoint someone to act on your behalf; that requires a healthcare proxy.
The document should be signed in the presence of two witnesses who are not family members or beneficiaries.

The Impact on the People You Love
When someone can no longer communicate, families are often asked to make decisions under intense emotional pressure. Without guidance, they may carry heavy questions:

Would this be what they wanted?
Am I doing the right thing?

A living will lifts some of that burden. It gives clarity, reassurance, and permission to act in line with your wishes, rather than guessing or disagreeing.

If this feels overwhelming, starting with a simple downloadable LIVING WILL TEMPLATE can help. This clear template example allows you to reflect, make thoughtful choices, and adapt it to your beliefs, culture, and circumstances. You can revise it or add to it at any time as life changes.

If you do not have a LAST WILL and TESTAMENT, please complete this and store it safely. A legal professional can give you an opinion on your family matters.

Preparing a living will is not about fear. It is about care. Care for your dignity, your values, and the people who may one day need to speak on your behalf. Connect with our legal team if you have any questions about your Last Will and Testament, or a Living Will for your peace of mind.

zara2026-02-23T07:37:12+00:00

Be a savvy consumer: Know your rights

Are you constantly interrupted by unwanted marketing calls and emails, especially when you’re trying to work or having dinner with your family? It’s not just an irritation; it raises serious questions about where these companies obtained your contact information and how they are monitoring your consumer behaviour to target you.

Recognising this widespread concern, the Department of Trade, Industry, and Competition (DTIC) is set to introduce significant amendments to the Consumer Protection Act (CPA) to address intrusive direct marketing.¹

But the CPA is more than just about stopping unwanted communications. It is a set of rules that protects you, the consumer, from unfair business practices. It’s designed to ensure that businesses treat you fairly and honestly. It is therefore essential to be aware of your rights as outlined in the CPA. These include:

Right to information: You have the right to clear and understandable information about products and services. No more confusing jargon or hidden fees!

Right to honest advertising and marketing: Consumers are protected from any harassment, coercion, force and unfair tactics from suppliers when they are marketing, supplying, etcetera. Consumers have the right to accountability from suppliers.

Right to fair contracts and terms: Contracts and agreements must be fair. Businesses can’t sneak in unreasonable clauses that disadvantage you. Additionally, consumers have the right to cancel agreements.

Right to value, quality, and safety: Products must be of good quality, safe, and fit for their intended purpose. If something is not fit for purpose, you have the right to have it repaired or replaced at no cost to you, or to claim a refund.

Right to choose: You have the right to choose your supplier. Businesses can’t force you to buy something you don’t want.

Right to privacy: This is where the new amendments come in, but generally, it means businesses must protect your personal information.

Right to fair and responsible marketing: Again, this is being updated, but it means no misleading marketing.

CPA amendments: What is changing?
Here’s a simplified breakdown of the proposed changes:

Implementation of a national opt-out registry:

The National Consumer Commission (NCC) will create and manage an opt-out registry where you can register to block direct marketing. This means you can tell businesses, “Don’t contact me for marketing purposes.”

Direct marketers’ responsibilities:

Businesses that engage in direct marketing will have to register with the NCC. They’ll have to “clean” their databases regularly, removing the contact information of people who have registered on the opt-out registry.

They must ensure that all electronic communications are identifiable by their name, electronic address, physical address, and contact information. They are not allowed to send marketing to anyone on the registry.

There will be fees associated with being a direct marketer and using the registry.

Consumers’ responsibilities: If you register on the opt-out registry, you’ll need to provide accurate information and keep it up to date.

NCC’s responsibilities: The NCC enforces the CPA and investigates complaints.

What this means for you:
More control: You’ll have more control over who can contact you for marketing purposes.

Less intrusive marketing: You will get fewer unwanted calls and emails.

Increased privacy: Your personal information will be better protected.

The rollout of these amendments is planned for the 2025/2026 financial year, ending on 31 March 2026.

The regulation updates, in conjunction with POPIA regulations², represent a strong trend toward much stricter control of direct marketing.

The CPA is the cornerstone of consumer protection in South Africa, allowing consumers to exercise their rights and ensuring a fair and equitable marketplace. In instances where these rights are violated, the CPA provides clear mechanisms for redress, ensuring that consumers are not left without recourse.

How to lodge a complaint³

To deal with your complaints, the National Consumer Council has introduced an e-services portal where consumers can lodge complaints against alleged contraventions of the CPA. The portal is accessible on https://thencc.org.za/complaints/. You can also phone the NCC’s contact centre at 012 065 1940 or send an email to enquiries@thencc.org.za or advisory@thencc.org.za

References:

zara2025-04-30T09:48:44+00:00

The Impact of Family Dynamics on Wills in South Africa

Creating a Will is an essential part of estate planning, ensuring that your assets are distributed according to your wishes after your passing. However, when it comes to drafting a Will, the complexities of family dynamics can often lead to tension, disputes, and unintended consequences. In South Africa, where diverse cultural practices and blended families are common, understanding the potential impact of family relationships on your Will is critical for effective estate planning.

Understanding the Role of Family Dynamics

Family dynamics encompass the relationships and interactions between family members, which can be influenced by factors such as cultural traditions, past conflicts, financial dependencies, and expectations. When it comes to Wills, these dynamics can significantly affect how your estate is perceived and contested by those you leave behind.

In South Africa, the concept of “ubuntu” – the belief in a universal bond of sharing and compassion that connects all humanity – often influences family expectations regarding inheritance. This can create challenges when personal wishes in a Will do not align with the collective expectations of family members.

Common Issues Arising from Family Dynamics

Blended Families: With the rise of blended families, where one or both partners have children from previous relationships, the distribution of assets can become complicated. Children from different marriages may have varying expectations of inheritance, leading to potential disputes if they feel they have been unfairly treated.
Cultural and Traditional Expectations: In some South African communities, cultural practices play a significant role in inheritance. For example, in certain African traditions, the eldest son may be expected to inherit the family’s property. However, this may conflict with the testator’s (the person making the Will) wishes to distribute assets equally among all children, regardless of gender.
Dependence on the Testator: Family members who are financially dependent on the testator may expect a larger share of the inheritance. This can create tensions, especially if the will provides for other beneficiaries or charitable donations, leaving dependents feeling neglected.
Historical Conflicts: Unresolved family disputes, such as sibling rivalries or estranged relationships, can resurface during the reading of a Will. If not addressed during the drafting process, these conflicts can lead to Will contests, delaying the administration of the estate and causing emotional distress.
Unequal Distribution of Assets: In cases where assets are not distributed equally among beneficiaries, it is essential to clearly explain the reasoning behind the decision in the Will. This can help prevent feelings of resentment and reduce the likelihood of legal challenges.

Tips for Addressing Family Dynamics in Your Will

Open Communication: Consider discussing your wishes with your family members before finalising your Will. Open communication can help manage expectations and reduce the chances of disputes after your passing. It also provides an opportunity to explain the reasons behind your decisions, particularly if they deviate from cultural or traditional norms.
Consult with a Legal Professional: Given the potential complexities of family dynamics, it is advisable to seek the guidance of a legal professional experienced in estate planning. They can help you navigate sensitive issues, ensure that your will is legally sound, and minimise the risk of it being contested.
Include a No-Contest Clause: To deter beneficiaries from contesting your Will, you may include a no-contest clause. This clause stipulates that any beneficiary who challenges the will loses their right to inherit. While this may not completely prevent disputes, it can serve as a deterrent.
Regularly Update Your Will: Family dynamics can change over time due to marriage, divorce, births, and deaths. Regularly reviewing and updating your Will ensures that it accurately reflects your current wishes and relationships, reducing the likelihood of conflicts.
Consider a Letter of Wishes: While not legally binding, a letter of wishes can accompany your will to provide additional context for your decisions. This can be particularly helpful in explaining unequal distributions or the exclusion of certain individuals.

Drafting a Will is more than just a legal formality – it’s an opportunity to provide for your family and leave a legacy that respects both your wishes and the intricate relationships within your family. Taking the time to consider the impact of family dynamics can help you create a will that honours both your intentions and the unique fabric of your family.

It is ‘Wills Week’ in September, and this serves as a reminder to either create or update your will. Reach out to the LifeAssist legal team to put a basic (single income) Will in place and who can advise you on the legalities of formalising a Will, provide a guide on how to safeguard your will and choose an executor. Don’t delay – do it today!

zara2024-08-30T12:09:06+00:00

Child Protection Week

“Giving children a healthy start in life, no matter where they are born or the
circumstances of their birth it the moral obligation of every one of us”

NELSON MANDELA

Child Protection Week calls on every South African to take a stand and uphold the rights of children as articulated in the Constitution of the Republic of South Africa and Children’s Act (Act No. 38 of 2005).

Let us be challenged to look beyond our individual lives and engage in a united effort to safeguard our children. The call to action is clear and urgent: every South African is tasked with ensuring that our children do not suffer abuse or become victims of human trafficking. This appeal is not just to parents and guardians but to neighbours, teachers, community leaders, and indeed, anyone who can make a difference.

The campaign promotes resources, like 24-hour helplines for victims of gender-based violence, like Childline South Africa, TEARS and Child Welfare South Africa.

The amended Children’s Act reflects a broader commitment to these goals by strengthening the legal framework to support the rights and wellbeing of children. The act introduces new procedures and enhanced court capabilities – ensuring that children’s issues are handled with the care and priority they deserve.

Watch a Human Rights lawyer, Rebecca, explain the amendments.

If you need to know how to get help for a child or adult who is being abused, reach out to LifeAsssist for guidance, trauma counselling, or legal advice.

zara2024-05-02T13:06:49+00:00

Are you in an abusive relationship?

Enduring violence and abuse is an unwelcome reality for many individuals in South Africa. Gender-based violence constitutes a violation of human rights, a legal offence, demanding urgent eradication. We possess the power to effect change by taking a stand and vocalising our concerns.

What constitutes abuse?

Abuse encompasses various forms of harm, such as:

Physically or sexually harming someone’s body.
Subjecting an individual to insults or threats of violence.
Engaging in sexual harassment.
Humiliating and degrading someone, either at home or in public.
Exercising control over an individual’s finances.
Impeding one’s ability to secure or maintain employment or to connect with friends and family.
Stalking, which includes following or visiting someone without consent.
Jeopardising an individual’s health or wellbeing.
Monitoring phone calls and dictating one’s movements.

How to Get the Courage to Step Out of an Abusive Relationship

Leaving an abusive relationship is an immensely challenging and courageous step to take. Here are some practical steps and considerations to help individuals find the strength and support needed to break free from such toxic situations:

Recognise the Abuse: The first important step is to acknowledge that you are in an abusive relationship. This may involve seeking guidance from a therapist, counsellor, or a trusted friend who can provide an objective perspective.
Safety Planning: Plan your exit carefully. Ensure you have a safe place to go, and let someone you trust know about your plans.
Seek Support: Reach out to friends, family, or support groups who can offer emotional support and a safe space to discuss your situation.
Legal Assistance: Depending on the situation, consult with legal professionals who can advise on issues like restraining orders, custody arrangements, and divorce.
Therapy and Counselling: Professional therapy can be incredibly helpful in understanding the root causes of the abusive relationship and in building emotional resilience.
Financial Independence: If possible, work towards financial independence. Having your own income can empower you to make choices without being financially reliant on the abuser.
Document the Abuse: Keep records of any incidents, injuries, or threatening messages. This documentation can be useful in legal proceedings.
Build a Support Network: Establish connections with organisations that specialise in helping abuse victims. They can provide invaluable resources and assistance.
Emotional Healing: Healing from the trauma of an abusive relationship is an ongoing process. Seek therapy and support groups to aid in your emotional recovery.
Remember Your Worth: Know that you deserve a life free from abuse and have the strength to overcome this situation.

Leaving an abusive relationship is a challenging journey, but it’s one that can lead to a brighter, safer future. By taking these steps and seeking the support you need, you can find the courage to step out of an abusive relationship and begin the process of healing and rebuilding your life.

If you or someone in your family needs support, please speak to a trauma counsellor at LifeAssist, so you can get the support that is needed.

Please also note these emergency numbers:

Gender-Based Violence Command Centre: Call 0800 428 428 or dial *120*7867#
Stop Gender Violence helpline: 0800 150 150
SAPS: 10111
Crime Stop: 0860 01 01 11
Childline: 116
Report any abuse of children and women to the Department of Social Development on 0800 220 250.
LifeLine 24-hour Crisis Helpline: 0861 322 322

If you’re a witness and afraid for your safety for reasons linked to being a witness, you can apply for witness protection. Contact the Witness Protection Unit at the National Prosecuting Authority (NPA) on 012 845 6000.

zara2023-10-30T15:23:01+00:00

Do you have a Last Will and Testament?

Life is unpredictable, and none of us can foresee what lies ahead. One thing we can be certain of is that we will die, so it is best to prepare for this eventuality, no matter our age or life stage. While this topic might not be the most pleasant to contemplate, having a Last Will and Testament (Will) in place is among the most crucial steps you can take to leave a lasting legacy and a testament to your concern for the wellbeing of your beneficiaries in your absence.

A Will is a legal document that outlines your desired distribution of assets and the management of your affairs after your passing. Contrary to a common misconception, creating a Will doesn’t have to be an expensive process. There are various ways to create a legally binding Last Will and Testament.

Should you pass away without a Will (intestate), South African law will dictate the distribution of your estate. The Intestate Succession Act defines a specific order of inheritance, which might not align with your intentions. This can lead to stress, unnecessary costs, delays, and complexities around guardianship, especially concerning minor children.

The Significance of a Will

A Will serves several vital purposes, offering peace of mind to both you and your loved ones:

Clarity and Control: A Will allows you to unambiguously communicate your desired asset distribution. Without one, intestacy laws dictate distribution, potentially conflicting with your wishes.
Protection of Loved Ones: If you have dependents, a Will empowers you to designate guardians for your minor children. This ensures their care by individuals you trust, rather than leaving such decisions to the courts.
Minimisation of Family Disputes: A meticulously drafted Will can help prevent family conflicts arising from uncertainty about your intentions.
Efficient Estate Administration: A Will streamlines the process of settling your estate, reducing stress and time for your loved ones during a difficult period.
Documentation of Your Estate: A Will Informs beneficiaries about all assets, including policies, retirement funds, investments, savings donations and or benefits from the estates, and exclusions applicable to that specific benefits.
Facilitation of Charitable Giving: A Will empowers you to make charitable bequests to causes or organisations that you cherished.

Creating a Valid Will in South Africa

Crafting a legally valid Will in South Africa involves adhering to specific legal criteria, ensuring the accurate execution of your wishes posthumously (after your death). Follow this step-by-step guide to ensure that your Will is valid:

Age and Capacity: You must be at least 16 years old to create a valid Will in South Africa. Additionally, you must be of sound mind and understand the implications of creating a Will. This means you should be aware of the nature of your assets and the consequences of distributing them.
Formal Requirements: To ensure the formal validity of your will, follow these steps:
In Writing: Your Will must be in writing, either handwritten or typed.
Signed: Sign the Will at the end of the document and initial each page other than the signed one.
Witnesses: Have two competent witnesses (who are not beneficiaries or their spouses) present when you sign the Will. Witnesses must sign the Will in your presence.
Witness Requirements: Select witnesses who understand the importance of their role in validating the Will. They should be adults, mentally competent, and able to testify if necessary. Witnesses must sign the Will in each other’s presence and in your presence as the Testator (male) or Testatrix (female).
Clear and Specific Language: Ensure that your Will is clear, concise, and specific. Ambiguities or vague language can lead to misunderstandings or disputes among beneficiaries.
Appointing an Executor: Designate an executor in your Will who is responsible for administering your estate. This individual will ensure that your assets are distributed as per your wishes. Choose someone trustworthy and capable, and discuss your intentions with them. You can appoint an individual or an institution. If you appoint an individual, your Will can grant them the right to elect another party to assist them with the executorship of your estate. When discussing executorship through an institution, it is important to understand the fees that will be charged. The Testator must also indicate whether the executor must pay any security or exempt them from doing so.
Naming Beneficiaries: Clearly identify each beneficiary by their full name and provide enough detail to distinguish them. The ID number must also be included, as it’s a distinct number that is not shared with anyone. This prevents confusion or challenges regarding your intended beneficiaries.
Review and Update: Regularly review your Will, especially after significant life events such as marriage, divorce, births, deaths, or changes in your financial situation. Update your Will as needed to reflect your current circumstances and wishes.
Professional Assistance: While you can create a Will on your own, consulting a qualified attorney ensures that your will adheres to legal requirements and addresses potential complexities. Legal professionals can provide guidance on proper wording, help mitigate tax implications, and offer advice based on your unique situation.
Safekeeping: Store your Will in a secure and accessible location, and inform your executor or a trusted family member where it can be found. Using a safe deposit box, a lawyer’s office, or a registered Will repository are standard options.

Creating a Will should not be seen as dwelling on the end of life, but rather, it should be about ensuring that your legacy lives on and your wishes are carried out.

LifeAssist offers free legal advice through LifeAssist to guide you on processes and discuss the options that can be applied to your personal situation. LifeAssist cannot be appointed as an Executor and does not provide advice on Trusts.

Don’t delay; create your Will today!

zara2023-08-28T15:45:21+00:00

Child Custody after Divorce or Separation: Knowing the Basics

When parents make the tough decision to separate or divorce, one of the initial concerns is which parent will have custody of the children. In the past, it was common for only one parent to have full custody while the other parent received visitation rights. However, recent years have brought significant changes to South Africa’s laws regarding children of divorced or separated parents.

Here are some essential points that parents should be aware of:

The best interest of the child: Our constitution places great emphasis on the well-being of the child when making decisions about their care and upbringing. This means that the child’s welfare should always be the top priority and outweighs the parents’ opinions or desires.

Joint custody: South African law encourages both parents to share the responsibilities and care for their children whenever possible. This means both parents should be involved in making important decisions about the child’s upbringing, and that the child can take turns to live with either parent or spend equal time with both.

Parenting plans: When parents separate or divorce, a parenting plan should be drawn up to outline the child’s residence; visitation schedule; decision-making; maintenance; education; healthcare and religious upbringing etc. These plans are helpful tools to prevent conflict, ensure stability and facilitate smooth transitions between parents.

Mediation: Instead of spending a lot of money and time on court battles to win custody, parents should consider mediation as an alternative. Mediation involves a neutral professional who assists the parents in discussing their children’s futures and reaching a mutually acceptable agreement.

Child Maintenance: Both parents have to share financial responsibility for the child’s upbringing according to their respective abilities and the child’s needs. All costs relating to a child’s care should be listed, divided by the parents, and included in the parenting plan. If parents can not come to a mutual agreement about money, they can approach the Maintenance court for a court order that specifies each parent’s financial obligations.

Visitation (or “Contact”): Children have the right to maintain a relationship with both parents (unless proven by the court not to be in the best interest of the child for one parent to have contact with the child). A parent should create opportunities for, and encourage their children to see the other parent regularly, within reasonable boundaries. It should be noted that one parent cannot deny the other parent contact with the child based solely on non-payment of maintenance.

Children’s wishes and feelings: Our Children’s Act emphasises that children have the right to be listened to and heard. Their views and preferences about arrangements after their parent’s divorce or separation matters should be taken into account to ensure they are happy with the outcome.

Unmarried biological fathers: While biological mothers and married biological fathers have automatic full parental rights and responsibilities, unmarried biological fathers do not. However, there are various ways for unmarried biological fathers to assert their full rights, such as approaching the Office of the Family Advocates or Social Worker for mediation; or approaching the court as a last resort for declaratory order of their full rights and responsibilities towards the child.

Going through a divorce or separation can be very difficult for all members of the family. If you have questions about court proceedings, maintenance, contact with the child or custody, it can be beneficial to consult with a family law attorney for an expert opinion based on your specific circumstances. Reach out to LifeAssist to get connected with a Legal consultant.

zara2023-06-30T10:18:19+00:00

Why is a Will important?

A last will and testament is a legal document that lets you decide what happens with your belongings after you die. Yet, many people don’t have one. You may think you don’t have enough assets, or assume that your loved ones will automatically get everything you own. But this isn’t always true.

Save time, money, and stress for your loved ones

When you die without a will, you leave important decisions to the local courts. This can become a long, drawn out, expensive process causing trouble for your loved ones. For example, the courts may decide to sell your house to divide the proceeds to your family, leaving your current spouse without a home.

Streamline this process with a will and choose someone responsible to handle your estate (called an “executor”). The executor’s responsibilities are to make sure your wishes are carried out and all your affairs are taken care of. Without a will, your family will have to guess what your final wishes were. If there are complicated family dynamics, they won’t always agree. The lack of clarity may cause tensions which can last a lifetime.

The power of choice

With a will, you decide who gets your assets, and who to exclude, for example, an estranged spouse. A surviving parent will usually be given sole legal custody if one parent dies. But if both parents pass, a guardian will need to be responsible for all your children’s daily needs, including food, housing, healthcare, education, and clothing. If you don’t nominate a guardian in your will, a court will have to choose one for you. This could mean that someone you might not want, would be raising your kids. You can also make sure that a trusted person takes care of your pet after you die and even leave them funds to provide for your pet’s care. You may also decide to leave a positive mark on the world after you pass, by donating funds or assets to charities or causes that you believe in. You can include this legacy in your will.

It’s simple

It’s easy to make a will and many companies, such as banks, or insurance firms offer the service free of charge. You don’t necessarily need professional help to prepare a valid will unless you have a large or complex estate. Once you’ve drafted the document, it needs to be witnessed, usually by two adults of sound mind who know you well. Make sure that your family or executor knows where your will is and update it over time as your needs and the people in your life change. This will give you peace of mind.

Call LifeAssist to speak to a legal specialist to help you draw up a will. This service is at no cost to you.

zara2022-10-31T06:10:17+00:00

Gender-Based Violence and Femicide Laws

South Africa has one of the highest gender-based violence and femicide (GBVF) rates in the world. While the country has many laws that should, in theory, protect women from abuse and offer them protection and justice when they are victimised, the reality on the ground is much different.

REBECCA SIBANDA – Human Rights Lawyer explains

(listen to the podcasts)

Introduction of the new laws

The Criminal and Related Matters Amendment Act

The Criminal Law (Sexual Offences and Related Matters) Amendment Act

The Domestic Violence Amendment Act

South Africa Passes Important Gender-Based Violence and Femicide Laws

South Africa has one of the highest gender-based violence and femicide (GBVF) rates in the world. While the country has many laws that should, in theory, protect women from abuse and offer them protection and justice when they are victimised, the reality on the ground is much different.

To strengthen the country’s efforts in fighting GBVF, on the 28^th of January 2022, South African President, Cyril Ramaphosa signed three GBVF bills into law. These laws are the Criminal and Related Matters Amendment Bill, the Criminal Law (Sexual Offences and Related Matters) Amendment Bill and the Domestic Violence Amendment Bill. As their names suggest, these Bills are updated versions of the originals.

The passing of these laws is a positive sign for South African women and children – the groups most vulnerable to abuse and femicide. These amendments are more victim centred and were created to provide better and more effective protection for victims of GBVF. They were first introduced in Parliament in 2020 in response to public demand that the government and police start taking GBVF cases more seriously. This is especially after the horrible rape and murder of University of Cape Town student, Uyinene Mrwetyana in August 2019, by a South African Post Office employee.

So, what exactly do these new laws change?

The Criminal and Related Matters Amendment Act

This law comes in response to public outcry against accused offenders being granted bail too easily, and perpetrators only serving minimum sentences for serious crimes. Basically, the law makes it more difficult for abusers to escape punishment.
Now, people accused of GBVF will only be granted bail under exceptional circumstances. If these requirements are met, the court must consider a number of factors before granting bail, including whether or not the victim would feel safe with the decision. Also, the victim will be heard by the court before bail is decided – something that did not happen before.
This law aims to address GBVF and offences committed against vulnerable people and provides for additional procedures to reduce secondary victimisation of vulnerable individuals in court proceedings.
For example, someone can give evidence on behalf of a victim or through audio-visual links in some cases.

The Criminal Law (Sexual Offences and Related Matters) Amendment Act – improve the country’s prevention of sex crimes

Among other key changes, this Act introduces a new offence of sexual intimidation. This means that if you are threatened by someone’s behaviour, verbally or otherwise, you can report it and pursue legal action.
It also expands the list of people who must be protected to include more vulnerable people, like people with physical, mental or intellectual disabilities and those over 60 years of age who, for example, receive community-based care and support services.
The Act addresses paedophiles by increasing the reporting duty of those who suspect that a child is the victim of a sexual offence.
Finally, it extends the scope of the National Register for Sex Offenders to include the details (name, address) of all sex offenders and not just those who hurt children and persons with mental disabilities.
Before a sex offender’s details can be removed from the Register, they must remain on it for 20 years.

The Domestic Violence Amendment Act

This law expands the definition of domestic violence to include victims of assault while engaged or dating. People in customary relationships, and those in actual or perceived romantic, intimate, or sexual relationships regardless of their length are also protected by this law. This means that if you are hurt by someone who you’ve been casually dating, or have been married to for years, you would be able to make a case against them under the Domestic Violence Act.
This extended definition would also include older citizens who have been abused by family members.
It also includes new definitions, such as ‘controlling behaviour’ and ‘coercive behaviour’, and expands existing definitions, such as “domestic violence”, to include spiritual abuse, elder abuse, and/or exposing/subjecting children to certain of listed behaviours.
A critical change for victims is that women can now apply for protection orders 24-hours a day. Also, victims don’t have to be physically present in court when a magistrate grants an interim protection order. The Act also introduces online applications for protection orders against acts of domestic violence. The order will then be sent to the accused via email.
The protection order would also be added to a central digital depository that houses other orders and cases made against the same person. Although the online protection order process would be a game changer, it’s important to note that it may not serve everyone fairly, as it relies heavily on whether or not you have the resources to apply for an order online – e.g., access to the internet.
In addition, it imposes obligations on functionaries in the Departments of Health and Social Development to provide certain services to victims of domestic violence.

The passing of these new laws should make it more difficult for perpetrators to evade justice, and for victims to have access to true justice. It remains to be seen whether those charged with enforcing these laws will execute their responsibilities as they should.

zara2022-02-11T09:38:20+00:00