Three Chapter 9 institutions have announced a joint National Inquiry into South Africa's criminal justice system response to Gender-Based Violence and Femicide (GBVF). The inquiry aims to assess the effectiveness of current measures. South Africa continues to face a severe GBVF crisis, despite numerous legislative reforms, policy interventions, and institutional efforts designed to combat violence against women and other vulnerable groups. This ongoing crisis notes the persistent challenges in the criminal justice system's ability to address GBVF crimes effectively. The National Inquiry will examine these systemic issues to identify areas for improvement and ensure greater accountability.
Examining Survivor Experiences
The inquiry's initial phase will concentrate on the experiences of survivors and the operational aspects of the justice system before cases proceed to trial. This first stage will gather survivor testimony and lived experiences, alongside assessing the functioning and accountability of the criminal justice system during the pre-trial phase. The investigation will thoroughly examine how survivors report Gender-Based Violence and Femicide (GBVF) cases, their access to protection orders, and the availability of trauma-informed care and psychosocial support. It will also scrutinize experiences with Thuthuzela Care Centres, hospitals, shelters, and victim support services. Additionally, the commissions will consider the experiences of children, persons with disabilities, LGBTQIA+ persons, migrants, and other vulnerable groups. This includes cases where family members must participate due to survivors being deceased or unable to testify. The first phase of the inquiry specifically focuses on survivors' experiences and the functioning of the justice system before cases go to trial, ensuring a full understanding of the challenges faced at this critical stage.
Justice System's Pre-Trial Functioning
Survivors continue to encounter difficulties in accessing protection, support services, and justice, with ongoing concerns cited regarding reporting delays, inconsistent victim support, fragmented institutional coordination, and weaknesses within pre-trial processes. These ongoing obstacles in accessing protection, support services, and justice are a significant focus of the inquiry. Concerns remain over delays in reporting, inconsistent victim support, fragmented coordination among institutions, and weaknesses in pre-trial processes, all of which contribute to the systemic challenges. The inquiry will specifically assess police responses to Gender-Based Violence and Femicide (GBVF) complaints, alongside the quality and timeliness of investigations. This assessment will also cover the handling of forensic evidence, communication with survivors, and case docket management. The investigation will scrutinize prosecutorial decision-making, case withdrawals, and bail processes. It will also examine the coordination among the South African Police Service, the National Prosecuting Authority, the courts, and various other support services. A key aspect of the inquiry is to assess police responses to GBVF complaints, evaluating the quality and timeliness of investigations, the handling of forensic evidence, communication with survivors, and case docket management. It will also scrutinize prosecutorial decision-making, case withdrawals, bail processes, and the coordination among the South African Police Service, the National Prosecuting Authority, the courts, and other support services.
Inquiry Mandate and Timeline
The inquiry aligns with the constitutional mandate of the Chapter 9 institutions to protect and promote human rights. It also supports Pillar 3 of the National Strategic Plan on Gender-Based Violence and Femicide (NSP-GBVF), which focuses on strengthening the criminal justice system's response to these crimes. This initiative forms a key part of the constitutional mandate of the Chapter 9 institutions to protect and promote human rights, directly aligning with Pillar 3 of the National Strategic Plan on Gender-Based Violence and Femicide (NSP-GBVF) which aims to strengthen the criminal justice system's response. The public has until 3 August 2026 to submit contributions to the inquiry. The closing date for submissions is 3 August 2026, providing ample time for individuals and organisations to contribute their insights.
Broader Context and Goals
The inquiry aims to identify systemic weaknesses within the reporting, investigation, and victim support processes related to Gender-Based Violence and Femicide (GBVF) cases. It will also develop recommendations designed to strengthen accountability and improve survivors' access to justice. This full approach seeks to address persistent challenges within South Africa's criminal justice system. The inquiry seeks to identify systemic weaknesses in the reporting, investigation, and victim support processes, while developing recommendations to strengthen accountability and access to justice for survivors.
