From commitments to concrete action: Ending femicide in South Africa
Posted: 20 July, 2026 Filed under: Derara Roba, Keziah Mwashigadi, Noah Yesuf, Rumbidzai Musonza | Tags: accountability, femicide, gender-based violence, human dignity, intimate partner violence, live free from violence, National Council on Gender-Based Violence and Femicide Act 9 of 2024, national disaster, National Strategy on the Prevention of Femicide, South Africa, woman's rights, women’s dignity Leave a commentThe Authors are enrolled in the LL.M in Human Rights and Democratisation in Africa (HRDA) at the Centre for Human Rights, University of Pretoria.
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Noah Yesuf |
Rumbidzai Musonza |
Derara Roba |
Keziah Mwashigadi |
Femicide in South Africa: The staggering realities
Femicide represents the most extreme manifestation of gender-based violence against women and girls. The numbers are frightening as reports have repeatedly shown that South Africa has one of the highest femicide rates in the world. Recent records indicate that the rate of intimate partner violence in South Africa is five times higher than the global average, and approximately 15 women are killed every day.
Yet, the response remains sluggish, unable to effectively tackle the pervasive ongoing femicide crisis that poses a daily threat to women’s lives and deprive their constitutional right to live free from violence with dignity, equality, and freedom.
Between coordination and enforcement: What the GBVF disaster declaration actually delivers
Posted: 8 June, 2026 Filed under: Rethabile Mosese | Tags: accountability, ActionSA, criminal justice system, Disaster Management Act, Domestic Violence Act, femicide, GBVF, gender-based violence, legal advocacy organisations, national disaster, National Disaster Management Centre, National Prosecuting Authority, National Shelter Movement of South Africa, political decision, Public Finance Management Act, Rape Crisis Cape Town Trust, sexual offences, Sexual Offences Act, Victims of Crime Survey, Women for Change Leave a comment
Author: Rethabile Mosese
Centre for Human Rights, University of Pretoria
A political victory, a legal question
On 21 November 2025, thousands of women lay on the ground for fifteen minutes at the Union Buildings, in shopping centres, on pavements and office floors, honouring the women killed every day in South Africa. I joined them knowing that these numbers are not abstract. Though exact figures fluctuate with reporting cycles, research by the South African Medical Research Council and Gender and Firearms Studies Africa estimates that around fifteen women are murdered daily. Hours after this collective act of mourning, government declared gender-based violence and femicide a national disaster under the Disaster Management Act. For many, the declaration felt like long-awaited recognition. But the legal instrument government chose matters as much as the declaration itself. Having spent over a decade inside the systems meant to protect survivors, I understand how much turns on that choice.
Objection! The AU Convention on Ending Violence Against Women and Girls, and the Question of Participatory Legitimacy
Posted: 18 September, 2025 Filed under: Mariam Kamunyu | Tags: ACHPR, advocacy, African Commission on Human and Peoples’ Rights, African feminists, Akina Mama wa Afrika, Anti-Counterfeiting Trade Agreement, AU Convention on Ending Violence Against Women and Girls, AUCEVAWG, civil society actors, ethical implications of exclusion, Fòs Feminista, feminist movements, gender-based violence, international law, legality, Participatory Legitimacy, power imbalances, ravaux préparatoires, Vienna Convention on the Law of Treaties, women and girls in Africa 2 Comments
Author: Dr Mariam Kamunyu
British Academy International Fellow, School of Law and Politics , Cardiff University
In February 2025, the African Union (AU) adopted the African Union Convention on Ending Violence Against Women and Girls (AUCEVAWG), hailed in some corners as a historic legal instrument addressing gender-based violence across the continent. And yet, for many African feminists, the moment was shocking and bittersweet. The adoption marked the culmination of a drafting process that, by most accounts, was characterised by exclusion and opacity, particularly of the very feminist movements whose decades of advocacy laid the groundwork for such a treaty. This article proffers that the lack of meaningful participation by a cross-section of civil society actors undermines the convention’s political and normative legitimacy, even if its legal validity remains intact.
Confronting Digital Hate: Africa’s Legal and Ethical Response to Hate Speech
Posted: 18 June, 2025 Filed under: Hlengiwe Dube | Tags: #NoToHate, AI, Artificial intelligence, communication landscapes, Countering Hate Speech, cyber-harassment, cyberstalking, Declaration of Principles on Freedom of Expression and Access to Information in Africa, discrimination, freedom of expression, gender equality, gender-based violence, gender-sensitive enforcement mechanisms, hate speech, hateful messages, hostility, human dignity, interconnected digital age, International Day for Countering Hate Speech, new technologies, peacebuilding, printed propaganda, sexist hate speech, UN Strategy and Plan of Action on Hate Speech, violence, vulnerable groups 1 Comment
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
Every year on June 18, the world comes together to observe the International Day for Countering Hate Speech, a solemn reminder that words can wound deeply and sometimes irreparably. Hate speech is not a new problem. Throughout history, language has been weaponised to demean, divide, and destroy, but today, in our interconnected digital age, the scale, speed, and sophistication of hate speech’s spread are unprecedented. This is especially true in Africa, a continent marked by extraordinary diversity in ethnicity, religion, culture, and language, where hate speech can quickly inflame tensions and threaten peace. The devastating consequences of hate speech in Africa are not merely theoretical. The 1994 Rwandan genocide stands as the darkest example, where incendiary radio broadcasts and printed propaganda dehumanised the Tutsi minority, turning words into deadly action. This tragedy also became a powerful lesson in the importance of vigilance, legal safeguards, and coordinated responses to hateful rhetoric.
Peeling back the mask: Analysing the juxtaposition of marital rape and its legalese in Kenya
Posted: 7 April, 2025 Filed under: James Mulei | Tags: ‘unlawful’ penetration, biological abilities, bride price, cultural taboos, cultural traditions, gender-based violence, inancial security, intimate partner violence, justice to victims, Kenya, Kenya’s Sexual Offences Act (2006), lack of forensic medical experts, marital rape, non-consensual sex, physical disparity, physical effects, psychological effects, rape, rape within marriage, unconsented sex Leave a comment
Author: James Mulei
Kabarak University
“You are mad!” Resian screamed at him. “You are stark mad if you think I am your wife. He repeated quietly, smiling “Whether you scream your heart out, or jump into the deep sea, Resian, you are mine. You are my wife from now henceforth! Let us see how ‘educated’ your body is.” *
The juxtaposition of marital rape has been a subject of discussion, spanning several years if not centuries. Ideally, juxtaposition here refers to contrasting the concept of rape within marriage. Why would a man rape his wife if they are married? Isn’t rape characterised by unconsented sex, where ‘unlawful’ penetration must occur? The immunity of a husband had a long historical tradition, framed by British common law. The immunity of husbands was established by the eminent judge and jurist Sir Matthew Hale in 1736, where he pointed out that a husband cannot be guilty of rape upon his wife for a husband could not be guilty of raping his wife, as marriage implied consent. This theory treated marriage as a contractual agreement where sex was an obligation, making it impossible to prosecute marital rape.[1] This implied that a husband is incapable of raping his wife, meaning that any sexual acts perpetuated within the marriage could not be subject to judicial scrutiny.[2]
Relearning conflict-related sexual violence: expanding the lens of violence
Posted: 16 January, 2025 Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: conflict-related sexual violence, gender-based violence, human rights violations, humanitarian crises, intimate partner violence, IPV, militia, Palestine, peacebuilding efforts, post-conflict IPV, rebels, sexual violence, soldiers, South Sudan, Sudan, the Central African Republic, the Democratic Republic of the Congo, Transitional Justice, Uganda, Ukraine 1 Comment
Author: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
Given the severity of conflict-related sexual violence during intra-state and inter-state conflicts in the last decade, transitional justice and peacebuilding efforts have directed resources to investigating this form of sexual and gender-based violence. They aim to create measures to both prevent and address the consequences of these atrocities. Notwithstanding the intention, the conventional understanding of conflict-related sexual violence is flawed and neglects the continuities and diversity of violence that permits continued impunity for sexual and gender-based violence during conflict.
Consequences of Child Marriage on the Girl-Child’s Right to Health in South Sudan
Posted: 2 January, 2025 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights (African Charter), basic human right, Child Act, child marriage, contraceptives, Convention on the Rights of the Child (CRC), customary courts, gender-based violence, girl-child, girl-child’s right to health, Harmful practices, international human rights law, international instruments, lack of knowledge, legal obligation, Maputo Protocol, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women’s Rights in Africa, right to health, right to life, sexual and reproductive rights, South Sudan, Transitional Constitution of the Republic of South Sudan 3 Comments
Author: Akot Makur Chuot
Assistant Lecturer, School of Law, University of Juba, South Sudan
Introduction
Being born a girl in South Sudan is akin to being ‘born a problem.’ I derived this phrase from the article by Marry Ellsberg and others titled, ‘ If You Are Born a Girl in This Crisis, You Are Born a Problem….’ This sums up the dire situation a girl-child faces in South Sudan. Among the many egregious human rights violations experienced by the girl-child in South Sudan is child marriage. This practice has shattered the dreams and lives of many young girls. The rate at which child marriage is negatively affecting the health of the girl-child is alarming and calls for swift action from stakeholders. This is a moral and legal obligation.
With this context in mind this article examines the negative consequences of child marriage on the girl-child’s right to health, assesses the steps South Sudan has taken to curb the phenomenon, and explores the loopholes in the laws and policies.
Spotlighting ACHPR Resolution 522: Protecting Women Against Digital Violence in Africa
Posted: 11 December, 2024 Filed under: Hlengiwe Dube | Tags: 16 Days of Activism against Gender-Based Violence, ACHPR Resolution 522, Africa, Cultural and social norms, cultural norms, cyberstalking, digital gender gap, Digital Violence, doxxing, gender inequality, gender-based violence, gender-sensitive media literacy, harmful surveillance laws, online harassment, social media platforms, violence against women, women’s rights Leave a commentAuthor: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
The rise of digital technology has reshaped the world in various ways. While it has promoted progress in communication, education, and economic empowerment, it has also given rise to new forms of gender-based violence. In particular, women in Africa face unique challenges in the digital space, where digital violence, such as cyberstalking, online harassment, and the non-consensual sharing of intimate images, is becoming increasingly prevalent. In response to this growing issue, the African Commission on Human and Peoples’ Rights (ACHPR) adopted a landmark resolution in 2022 aimed at addressing the protection of women from digital violence. This resolution (ACHPR/Res. 522 (LXXII) 2022) is an important step in ensuring that women’s rights are upheld in the digital realm, as part of the broader agenda of combating gender-based violence.
The National Sex Offenders Registry: Offenders’ Right to Privacy v The Safety of Potential Victims
Posted: 3 June, 2024 Filed under: Livhuwani Malelelo | Tags: convicted sex offender, gender-based violence, National Register for Sex Offenders, NRSO, POPIA, potential victims, pursuit of justice, right to privacy, sex offender, sexual crimes, sexual crimes against children, victimisation 1 Comment
Author: Livhuwani Malelelo
LLB candidate, University of Johannesburg
The National Register for Sex Offenders (NRSO) is a list of convicted sexual offenders and although South Africa has an alarming rate of gender-based violence, this list only contains the names of offenders of sexual crimes against children and mentally disabled persons, meaning that the main purpose of this registry is to protect children and mentally disabled persons from these types of offenders. This list is not open to the public but is only open to institutions such as preschools, schools, hospitals etc so they can check if an employee or potential employee is a convicted sex offender. This is so as to protect the offenders right to privacy. Unfortunately, the NRSO seemingly prioritises the right to privacy of the offenders instead of protecting potential victims of said offender.
Sexual and gender-violence against women in the Sudanese conflict
Posted: 22 April, 2024 Filed under: Joris Joël Fomba Tala | Tags: conflict, gender-based violence, human rights, International Covenant on Civil and Political Rights, International Humanitarian Law, rape, Rapid Support Forces, refugee women, reproductive health, Sexual and gender-violence, sexual violence, socio-economic development, Sudan, Sudanese conflict, torture, United Nations Convention against Torture and Other Cruel and Degrading Treatment or Punishment, women’s rights Leave a comment
Author: Joris Joël Fomba Tala
Researcher, Centre for International and Community Law
Introduction
The conflict that broke out in Sudan (Republic of Sudan) on 15 April 2023 between two rival military factions has had disastrous consequences for women. Dubbed the “war of the generals”, the conflict pits Sudan’s armed forces against the Rapid Support Forces (RSF). In its 2024 report, UNFPA said it was very concerned about the escalation of cases of gender-based violence in the Sudanese conflict. This particularly alarming against the background of an already dire situation of women’s rights in Sudan before the outbreak of hostilities, as the Special Rapporteur on violence against women reported about Sudan in 2016. Almost a year after, the fighting continues in the main cities of Sudan, but the fact remains that Sudan still has no functioning government. UN Women says it is “shocked and condemns reports of increasing gender-based violence in Sudan, including conflict-related sexual violence against women and displaced and refugee women”. In the same vein, UN Women Africa expressed its deep concern about the serious consequences of the Sudanese conflict on women and girls and called for immediate action against the violence they face. However, in a context of armed confrontation, it is undeniable that both parties do not respect international legal standards and commit serious violations against women and girls. This article discusses the application of the relevant legal rules for the protection of women applicable to the Sudanese conflict. The first section will identify these rules. The article will then analyse the various forms of sexual and gender-based violence prevailing against women and finally make proposals for better protection of women in the Sudanese conflict.
AfricLaw 