Nearly seven women are killed by an intimate partner every day, a figure that has remained unchanged since 2009, placing South Africa among the countries with the highest femicide rates in the world. At the same time, more than 100,000 girls between the ages of 10 and 19 gave birth in 2024, including 2,000 children aged 10 to 14, even though children under 16 cannot legally consent to sex. These realities reflect deeply entrenched gender inequality, violence, and the systematic erosion of bodily autonomy. They expose a deeper truth: what is often framed as consent is shaped, and frequently distorted, by power.

The right to decide what is done to one's body lies at the core of human dignity, freedom from violence, and bodily and psychological integrity. Article 4 of the Maputo Protocol, which South Africa ratified in December 2004, affirms these protections. Still, consent cannot be reduced to a simple "yes" or "no." It is a clear, voluntary, and enthusiastic agreement to engage in a specific act, given without pressure, force, manipulation, or intimidation, and it can be withdrawn at any time. Crucially, however, consent does not occur in a vacuum. It is shaped by power, vulnerability, and whether the surrounding environment allows for genuine choice. Where inequality, coercion, or fear operate, even subtly, what looks like agreement may not be consent at all.

In South Africa, this reality plays out in stark and measurable ways. High rates of gender-based violence, sexual assault, and teenage pregnancy reveal how often consent is undermined or ignored. For many young girls, "consent" is negotiated in silence, in classrooms, homes, and relationships where saying no carries consequences. The widespread underreporting of these violations, particularly among vulnerable groups, further underscores that consent cannot be assumed in contexts marked by inequality and fear.

South African law recognises this complexity. The amended Sexual Offences Act of 2021 defines consent as a voluntary and uncoerced agreement, explicitly stating that force, intimidation, threats, or deception render sexual acts involuntary. It further acknowledges that the abuse of power or authority can inhibit a person's ability to refuse, thereby invalidating consent. The Domestic Violence Amendment Act of 2021 further expands protections by recognising coercive control as a form of abuse.

These legal developments reflect a broader understanding: consent cannot be separated from the conditions under which it is given. South Africa's legal history illustrates how distorted notions of consent have long been embedded in both law and society. Until 1993, husbands were exempted from prosecution for rape or sexual violence against their wives, a legal fiction that treated marriage as permanent consent. Although the Prevention of Family Violence Act of 1993 abolished that exemption, its legacy persists in harmful social beliefs that continue to shape attitudes toward sex and gender. The shadows of these myths persist, with many still believing that marriage creates a duty of consent, revealing how deeply law and social norms remain intertwined.

Similarly, the decision in S v Zuma permitted the cross-examination of a complainant's sexual history as evidence of consent, reinforcing prejudicial assumptions about women's credibility and sexual behaviour. The law has since been amended to render such evidence inadmissible and irrelevant.

More recent jurisprudence has sought to correct these misconceptions. In Makhanda v Coko (2024), the Supreme Court of Appeal overturned a High Court ruling that implied consent to one sexual act could extend to another, affirming that consent must be specific, ongoing, and independently established. The idea that silence implies agreement or that lack of resistance equals consent continues to distort public understanding, particularly among young people who lack the knowledge, confidence, or safety to assert their boundaries.

Power dynamics operate in relationships and society whenever one person holds significantly more power than another. This imbalance may be rooted in age, gender, economic dependence, social status, or authority. In such contexts, agreement is often shaped by fear, survival, or obligation rather than genuine choice. Even in the absence of overt coercion, unequal power makes refusal feel impossible. This is especially true in relationships such as teacher-learner or employer-employee, where the imbalance is so profound that consent is inherently compromised. In these contexts, the law and ethics are clear: those in positions of authority carry a responsibility never to exploit vulnerability or trust.

Consent, then, is not merely a legal concept. It is a question of safety, dignity, equality, and freedom from fear. True consent requires conditions in which individuals, particularly those most vulnerable, can refuse without risking violence, punishment, ridicule, or loss of support. Addressing this requires more than legal reform. Young people must be equipped to recognise coercion, grooming, and manipulation and understand their rights. Communities, schools, and institutions must challenge the norms that enable abuse and silence survivors. The Government must move beyond commitments and accelerate implementation, while the National Strategic Plan on Gender-Based Violence and Femicide (2020–2030) cannot remain aspirational. It must translate into comprehensive sexuality education, adequately funded survivor-centred services, and sustained public engagement.

Until power is addressed, consent will remain a legal concept denied in lived reality.

Thirty years after the adoption of South Africa's Final Constitution – hailed as one of the most progressive in the world; the question remains: Has it delivered meaningful socio-economic transformation for the majority of its people?

The Constitution of South Africa, together with its justiciable Bill of Rights, marked a historic break from apartheid. It enshrined not only civil and political rights, but also socio-economic rights, including access to housing, healthcare, education, food, water, and social security. This was a bold and transformative vision, one that recognised that dignity and equality cannot exist without material justice.

Through landmark rulings by the Constitutional Court, socio-economic rights have been progressively realised in ways that have had tangible impacts on people's lives. Cases such as Government of the Republic of South Africa v Grootboom and Minister of Health v Treatment Action Campaign affirmed the state's obligation to take reasonable measures to fulfil these rights, expanding access to housing and life-saving antiretroviral treatment. In doing so, South Africa affirmed that socio-economic rights are not merely aspirational, but enforceable.

Since 1994, millions of South Africans have gained access to basic services, including housing, electricity, water, and social protection. Today, social grants reach approximately 26.5 million people, including about 8.2 million beneficiaries of the Social Relief of Distress (SRD) grant – around 45% of the population, a significant increase from just 7% in 1996. These grants have played a critical role in alleviating extreme poverty and providing a safety net for vulnerable households. Access to education has expanded significantly, and the state has made notable investments in infrastructure and service delivery. These gains, however uneven, reflect the enduring power of the Constitution as a tool for social justice.

Yet, three decades on, the promise of socio-economic transformation remains incomplete.

According to the World Bank, South Africa remains the most unequal country in the world, with persistently high levels of unemployment and poverty. The country's Gini coefficient measuring income inequality, stands at approximately 0.63, the highest globally. The top 10% of the population accounts for more than half of national expenditure, while millions remain trapped in poverty and exclusion. Data from 2023 –2024 indicates that about 21% of the population lives on less than $2.15 per day, while approximately 14 million South Africans – around 25% of the population live below the food poverty line of R796 per person per month.

Unemployment remains one of the most significant barriers to transformation. In the fourth quarter of 2025, South Africa's official unemployment rate stood at 31.4%, while youth unemployment reached a staggering 43.8%, effectively locking almost half of the population of an entire generation out of meaningful economic participation.

These structural inequalities are deeply rooted in the legacy of apartheid and continue to be reproduced through persistent spatial, economic, and social divides. Wealth, land, and opportunity remain highly concentrated among a privileged minority, while historically marginalised communities, particularly Black South Africans continue to bear the brunt of poverty and exclusion.

Equally concerning is the persistence of violence. South Africa continues to experience extraordinarily high levels of crime, including murder, sexual violence, and armed robbery. Communities are sites of violence and crime. Violence is not only a criminal justice issue, it is also deeply intertwined with inequality, unemployment, and social fragmentation, and it undermines the very rights the Constitution seeks to protect.

At the same time, corruption has eroded the transformative potential of South Africa. According to the 2026 Corruption Perceptions Index, the country scored 41 out of 100 – its lowest since 2012, ranking 81st out of 182 countries. This reflects persistent concerns about governance, accountability, and the misuse of public resources. Public trust in institutions has been steadily eroded, with many citizens expressing frustration at the state's inability to effectively address corruption and deliver services.

These realities raise a fundamental question: Can a constitution, no matter how progressive, deliver transformation in the absence of effective implementation and capable institutions?

The Constitution provides a powerful normative and legal framework, but it cannot, on its own, dismantle entrenched inequality or transform economic structures. Implementation has often been uneven, slowed by governance failures and capacity constraints. In many communities, particularly in townships and rural areas, constitutional rights remain distant from lived experience.

And yet, despite these challenges, the Constitution remains one of South Africa's greatest achievements. It continues to serve as a tool for accountability, a framework for justice, and a source of hope. Civil society organisations, social movements, and ordinary citizens continue to invoke constitutional rights to demand housing, healthcare, education, and dignity.

The real question, then is not whether the Constitution has failed, but whether South Africa has done enough to realise its transformative promise.

Achieving socio-economic transformation requires more than legal guarantees. It requires confronting inequality directly through land reform, job creation, education reform, and strengthened social protection. Indeed, strides have been made towards achieving some of these promises, but gaps still remain. Socio-economic transformation also demands bold economic reform, inclusive growth, capable governance, and sustained investment in communities. It also requires addressing violence not only through policing, but through prevention, social development, and community resilience. The Centre for the Study of Violence and Reconciliation's long-standing work in the communities highlights that leveraging community knowledge, agency and expertise in lived experience as a resource for building community resilience contributes to sustainable violence and crime prevention strategies.

Thirty years on, South Africa stands at a crossroads. The Constitution laid the foundation for a just and equal society. But the work of transformation remains unfinished. The promise of dignity, equality, and freedom has been articulated. The challenge is making it real to those whose lives has always been on the margins of this envisioned just and equal society – the majority of the population who live under the poverty datum line, women and girls whose bodies are canvasses of sexual violence and the youths whose unemployment remains disturbingly high.

This article is published as part of the CSVR Justice Op-Ed Series for the 16 Days of Activism Against Gender-Based Violence.

The Bolwana* and Vayo* families are currently at odds with one another over the murder of their first granddaughter, who was brutally killed by her father, Stan Vayo*. The perpetrator has since been arrested, appeared before the Mthatha Magistrates Court, and ordered to undergo a full psychological assessment at the Nelson Mandela Academic Hospital before the criminal case can proceed. Yet this legal step offers little comfort. Both families remain suspended in grief, trapped in emotional turmoil, guilt, and the profound rupture that femicide leaves within a family system.

This tragedy is not an isolated incident. Globally, recent femicide estimates reveal that nearly 50 000 women and girls were killed by their partners last year, with Africa showing the highest number of intimate partner/family member femicide incidences per region1. In South Africa, recent media reports indicate a sharp increase in this crime, however, no official monitor exists which actively tracks cases of femicide when reported. Conviction rates for the crime are also reportedly low, with less than 1 in 5 of intimate-partner femicide cases ending in a court judgement2. While criminal justice is key to ensuring families and friends of the victim receive the meaningful closure they deserve, current policing and judicial processes lack sensitivity to the psychosocial needs of the bereaved during investigation, trial and post-conviction.

The post-traumatic impact of femicide experienced by those left behind is hardly recognised and prioritised in the quest for justice. Behind each femicide case remains parents, children, relatives and friends of the victim that must face the aftermath of the heinous crime and its psychological aftereffects, which can last for years. Unique family dynamics can further complicate the bereavement process for parties involved, for example, when the perpetrator shared a child/children with the victim or the perpetrator and their family are closely known to the victim's family. Therefore, it is imperative for family members and loved ones to receive dedicated emotional wellness support in tandem with the criminal justice process. The phenomenon of femicide has far-reaching and multifaceted impacts on families, which extend beyond the immediate loss of a loved one. Families of femicide victims frequently endure profound emotional and psychological trauma. The grief associated with such a violent loss can lead to enduring mental health issues, including depression, anxiety, and post-traumatic stress disorder (PTSD). Research has shown that the psychological ramifications can disrupt family dynamics and individual functioning, often resulting in a cycle of trauma that affects subsequent generations3. This emotional toll is compounded by the fact that femicide often occurs within contexts of intimate-partner violence, where families may already be grappling with existing trauma and stressors.

Children who witness or who are affected by the femicide of a parent face unique and severe challenges. Studies indicate that these children are at a heightened risk for emotional and behavioural problems, which can lead to difficulties in school, relationships, and their own mental health4. They may also be at greater risk of experiencing violence in their own lives, creating a generational cycle of violence that is difficult to break. In communities with high rates of femicide, societal fear and instability can become pervasive, undermining social cohesion and leading to increased violence and criminal activity5. This environment can affect not only the immediate families of femicide victims but also the broader community, as fear can stifle social interactions and support networks.

To ensure that access to justice for families and loved ones affected by femicide is trauma-informed and victim-centred, the following mechanisms must be put in place:

1. Immediate and specialised mental health and psychosocial support – This includes regular access to therapeutic services specific to the psychosocial needs of the families involved. The psychosocial support can involve trauma counselling, group grief therapy and family counselling to help rebuild the shattered family as a result of the violent act. The interventions must be long-term and structured in nature to allow loved ones ample time to process and adjust to the emotional repercussions of femicide.

2. Provision of quality social welfare services to child victims of femicide – To children who have lost one or both of their parents to femicide (either as perpetrator or victim of the crime), this can be an extremely distressing and unsettling period in their lives. It is crucial that minors who were under the care of the deceased victim be provided with sustained statutory services that seek to always promote the best interests of the children and inclusive of their views, where possible.

3. A strengthened focus on conflict resolution – As mentioned, femicide cases can often leave families in a state of disarray. Mediation should also be made paramount as part of the criminal justice process for containment of secondary matters that may arise post the gender-related killing such as child custody and family disputes.

4. Increased advocacy for standardised care-centred reparations for femicide victims across all provinces – Lawmakers must put systems in place within the judicial process that will allow for comprehensive and long-term support for victims of gendered-killings. This includes travel and accommodation costs at the expense of the State during legal proceedings, particularly for family members that reside far from the Court where a femicide case is being heard.

5. Strengthening of legal frameworks for stricter penalties for violence against women – Government must enforce laws that protect women from domestic violence and harassment, while ensuring that law enforcement agencies are adequately trained to respond effectively to reports of violence. In addition to this, concerted efforts must be done to increase the number of shelters, crisis hotlines and counselling to empower gender-based violence victims and offer them safe avenues to seek help.

6. Adopt and promote sustainable interventions for attitudinal change in boys and men – Civil society, the private sector and government institutions must play a greater role in engaging men and boys on progressive discussions about gender equality and respectful behaviours to build a culture that does not tolerate violence against women and girls.

Justice for families impacted by femicide must take on a multi-layered approach, one that acknowledges the emotional, social, and psychological dimensions of this devastating crime. While the system remains slow to evolve, families like the Bolwanas, the Vayos, and countless others continue to shoulder the heavy and often invisible burden of grief as they fight for accountability.

The opinion piece is written in memory of girls and women everywhere who have fallen victim to the senseless act of femicide as well as the bereaved families and friends left behind.

* The names of the families and individuals in this piece have been altered to safeguard their identities

What happens when the very technologies built to connect and empower us become weapons of surveillance, control, and gendered harm? Over the last decade, digital tools and online spaces have transformed how people organise, mobilise, and advocate for gender equality and social justice. Movements like #MeToo, #BringBackOurGirls, the Gen Z anti-Finance Bill protests, monitoring of the extreme sexual violence in South Sudan, as well as the recent wave of South African online platforms turning purple to raise awareness of gender-based violence and femicide, all grew through the reach of online networks. Yet the same tools are reported to drive a surge in sexual and gender-based violence (SGBV), both online and offline, threatening to undermine the long-standing fight for gender equality. This year's 16 Days of Activism to End Gender-based Violence draws global attention to technology-facilitated gender-based violence (TFGBV), under the theme: "UNiTE to End Digital Violence against All Women and Girls". Often referred to as technology-facilitated violence against women and girls (TF-VAWG), these harms increasingly affect women, girls, and gender diverse people. TFGBV encompasses acts of violence that are committed, assisted, or amplified through digital tools and platforms, targeting individuals based on gender. These abuses take many rapidly evolving forms, such as deepfake image-based sexual abuse, non-consensual sharing of intimate images, online harassment, doxing, impersonation, and cyberstalking, among others.

While social media and digital platforms have opened unprecedented opportunities for connection and advocacy, they have also intensified risk, particularly for women, girls and LGBTQ+ people. According to a 2020 Economist Intelligence Unit study, 85% of women globally reported experiencing or witnessing online violence, with higher prevalence in countries marked by entrenched gender inequality. Deepfake technologies reveal an even starker gender disparity; an estimated 96% of deepfakes are non-consensual, and 99% of sexual deepfakes involve women.

Digital violence has profound consequences. It compromises the safety, security, and well-being of women and gender-diverse individuals, and undermines the hard-won gains toward gender equality fought for offline. Recent reports document that artificial intelligence and algorithmic systems, from social media platforms, including X, Instagram, Facebook to search engines, are biased, often reproducing existing racialised and gendered discrimination found offline. In many cases, automated machine systems reproduce and often amplify social differences and inequalities. Online abuse, therefore, produces real-world harms.

Victims of TFGBV often experience emotional and psychological distress, including anxiety, depression, indignity, social isolation, and embarrassment. Abusers also use technology to monitor and track victims, creating serious threats to physical safety. Online abuse can damage reputations, limit employment opportunities, and in the worst cases, contribute to suicide or escalate into criminal acts such as extortion and brutal violence.

This raises a critical question: What does protection and justice look like in a world where violence transcends borders and evolves faster than the laws meant to contain it?

In recent years, international, regional, and national bodies have begun developing normative instruments to directly address TF-VAWG. The African Commission on Human and Peoples' Rights Resolution on the Protection of Women Against Digital Violence in Africa ACHPR/Res.522 (LXXII) 2022 calls on all States to expand definitions of gender-based violence to include cyber-harassment, cyberstalking, sexist hate speech, and other forms of violations targeting individuals based on gender, particularly women. The 2024 African Union Convention on Ending Violence Against Women and Girls (AU CEVAWG) urges Member States to establish legally binding obligations to address violence against women and girls on online platforms and in digital spaces. In South Africa, the Cybercrimes Act (2020) criminalises online harassment, the Protection from Harassment Act (2011) enables victims to seek protection orders, and the Film and Publications Act (1996) regulates harmful online content, amongst others. The Domestic Violence Amendment Act (2021) also recognises harassment via electronic communication. Despite these commitments, there are limitations in the language used to describe these crimes and in how the law comprehends and addresses these violations.

Confronting TFGBV, therefore, requires a holistic, survivor-centred approach to justice. TF-VAWG cases often involve cross-border creation and circulation of content, making it difficult to prosecute perpetrators or identify those responsible. The ever-changing environment of artificial intelligence, social media, and other digital tools also means new harms that laws often have to play catch-up. This means recognising justice as more than a legal remedy, but also ensuring safety, dignity, respect, and access to systems that do not re-traumatise survivors.

States must criminalise emerging forms of digital abuse, strengthen cross-border cooperation, develop transparent and rapid content-removal mechanisms, properly resource enforcement and support services, and integrate digital safety into education systems. Equally crucial is ensuring that women participate meaningfully in the design, development, monitoring, and evaluation of digital platforms and technologies.

Without strong accountability and coherent legislative and policy frameworks, the "justice gap" will only widen, leaving survivors unprotected and unheard in the very spaces meant to elevate their voices.

According to reports, armed assailants abducted 303 school children, aged between 10 and 18, and 12 teachers from the boarding school. This is not an isolated event. Rather, it is part of a long-term pattern of violence targeting women and girls characterised by abductions, forced marriage, sexual violence, and terror-driven coercion. Such atrocities have become tragically common across northern Nigeria, devastating families and destabilising entire communities.

This mass abduction occurs on the eve of the global 16 Days of Activism Against Gender-Based Violence, a period dedicated to mobilising global action to end violence against women and girls. Instead of progress, we are confronted with yet another painful reminder that gender-based violence remains an escalating human rights crisis across the continent.

The abduction of these young girls is not just an attack on their future; it is an affront to our shared humanity. As we mark the 16 Days of Activism Against Gender-Based Violence, we are reminded that our commitments are meaningless if girls cannot attend school safely. CSVR urges urgent, coordinated action to ensure the immediate return of these children and their teachers, safeguard all girls across the region, and offer psychosocial support to families facing overwhelming fear and uncertainty. Africa must unite – governments, civil society, and communities – to end these cycles of violence against women and girls,

CSVR calls for the following:

1. Immediate and Decisive Leadership CSVR urges the Nigerian Government to mobilise all available security, intelligence, and investigative resources to urgently rescue and securely return the abducted girls. We call on the African Union, ECOWAS, and the African Commission on Human and Peoples' Rights to provide coordinated support and oversight.

2. Solidarity and Collective Action Across Africa and Beyond

We call for increased solidarity between state and non-state actors, including civil society, women's rights organisations, humanitarian agencies, and community networks. Fragmented responses encourage perpetrators. Unified, coordinated action is crucial to preventing further atrocities.

3. Protection, Mental Health, and Psychosocial Support

CSVR emphasises the urgent need for:

• Mental Health and Psychosocial Support (MHPSS) for families of abducted girls and for the girls who have escaped and reunited with their families.

• Strengthened protection measures for schools and communities at risk, and

• Immediate and long-term survivor support once all abducted girls and teachers are rescued, including healthcare, social reintegration and educational support.

4. Long-Term Prevention and Structural Solutions Beyond emergency response, Nigeria and regional partners must invest in long-term strategies that:

• Build community resilience, safety and security

• Address drivers of violence and extremist recruitment

• End gender inequality, and

• Protect girls' education in at-risk regions and communities as a fundamental right.

CSVR stands in solidarity with the abducted girls, their families, and all Nigerian communities affected by this ongoing violence. We urge African and global leaders to act decisively and compassionately to bring an end to these atrocities and safeguard the rights and dignity of women and girls everywhere.

As the global community marks the 16 Days of Activism Against Gender-Based Violence, the Centre for the Study of Violence and Reconciliation (CSVR) is proud to launch a bold public-engagement initiative under the banner: "What Does Justice for GBV Mean for You?" This initiative invites South Africans—and Africans across the continent to reflect, engage, and contribute to a deeper, more inclusive understanding of what justice truly means for survivors, families, and communities affected by gender-based violence and violence against women and girls in particular.

The campaign aims to expand the justice perceptions beyond the courtroom, challenging the narrow assumption that justice is achieved only through convictions. Instead, CSVR's campaign encourages society to consider the full spectrum of justice:

• Social Justice – dismantling the harmful norms, inequalities, and power dynamics that sustain violence.

• Psychosocial and Healing Justice – ensuring survivors and their families receive sustained mental health, trauma, and emotional support.

• Livelihoods and Economic Justice – addressing the economic drivers and consequences of GBV, including poverty, unemployment, and economic dependency.

• Safety and Protection Justice – guaranteeing that communities, schools, public spaces, and homes are places of safety.

• Transformative Justice – transforming institutions, structures and systems at all levels to prevent violence, respond effectively, and uphold survivor dignity.

A Conversation on Justice

With the question "What Does Justice for GBV Mean for You?", CSVR seeks to spark a multi-layered national and continental conversation that recognises that:

• For many survivors, justice is the experience of being heard, believed, and treated with dignity.

• For families, justice means safety, protection, empowerment and long-term psychosocial support.

• For communities, justice means breaking the silence, confronting stigma, and addressing harmful social norms.

• For institutions, justice requires timely, accessible, and survivor-centred services, free from secondary trauma or bureaucratic barriers.

By amplifying these diverse perspectives, the campaign highlights the reality that justice is not a single event, but a continuous process of healing, safety, and transformation.

Justice Beyond the Criminal Justice System

While the criminal justice system remains essential, CSVR's research and programmatic interventions consistently demonstrate that justice is broader than just criminal justice

outcomes. Survivors repeatedly express that justice includes:

• Receiving compassion, respect, and being trusted.

• Access to quality MHPSS services.

• Reintegration into supportive families and communities.

• Economic empowerment and opportunities that allow them to rebuild their lives.

• Living in a society where violence is prevented – not tolerated, justified, or ignored.

This holistic understanding of justice reflects CSVR's core mission of addressing not only the symptoms of violence but also the deep structural and social drivers that sustain it.

CSVR's Commitment During the 16 Days of Activism

Throughout this period, CSVR will roll out a series of activities designed to deepen public reflection, expand knowledge, and strengthen collective responsibility, including:

• The Justice Op-Ed Series: Expert analyses, survivor reflections, and insights on justice, healing, and prevention.

• Interactive Online Platforms: Tools for communities to share their perspectives on what justice looks like in their own lives and local contexts.

• Engagement with policymakers and institutions to highlight gaps, advocate for survivor-centred reforms, and strengthen accountability.

These interventions reflect CSVR's unwavering commitment to trauma-informed Mental Health and Psychosocial Support Services (MHPSS, community resilience, evidence-based advocacy, and the advancement of justice systems that uphold the dignity and wellbeing of all survivors.

A Call to Action

CSVR calls on all partners – government actors, civil society, researchers, traditional leaders, private sector partners, and community structures to join us in ensuring that justice becomes a lived reality, not merely a legal aspiration.