South Africa is on the cusp of the most far-reaching legislative overhaul in the fight against gender-based violence (GBV) and femicide, according to President Cyril Ramaphosa, in his weekly address to the nation.

He announced that three key Bills have been introduced to Parliament as part of government’s promise to GBV activists and women.

“The three amendment Bills are designed to fill the gaps that allow some perpetrators of these crimes to evade justice and to give full effect to the rights of our country’s women and children. The sad reality is that many survivors of gender-based violence have lost faith in the criminal justice system,” Ramaphosa said.

The first Bill, to amend the Criminal Law (Sexual Offences and Related Matters) Amendment Act, will create a new offence of sexual intimidation, extends the scope of incest, and widens the reporting duty of those who suspect sexual offences committed against children.

With the amendment, the National Register for Sex Offenders will include information on all sex offenders and not just the particulars of those convicted of sex crimes committed against children or persons with mental disabilities.

Offenders will also remain on the register for a longer period and the register will be publicly available.

The Criminal and Related Matters Amendment Bill will intensify the granting of bail to perpetrators of GBV and femicide. The Bill will also expand the offences for which minimum sentences must be imposed.

“People are angry that many perpetrators of such serious crimes are exploiting legal loopholes to avoid imprisonment and are frustrated that sentencing is often not proportionate to the crimes. The amendments impose new obligations on law-enforcement officials and on our courts,” Ramaphosa said.

Under the new Bill, a prosecutor must place their reasons on record for not opposing bail in GBV cases and unless exceptional circumstances are provided, those accused of GBV are to be detained by the court until criminal proceedings are over.

Bail applications must take into account the desirability of releasing an accused on bail, threats of violence made against a survivor, and the view of the survivor regarding his or her safety.

A complainant or a relative of a deceased victim must also be able to make representation to the parole board.

Provisions of the Domestic Violence Act have also been intensified to include people in engagements, dating, in customary relationships, and actual or perceived romantic, intimate or sexual relationships of any duration.

The Bill also extends the definition of ‘domestic violence’ to include the protection of older persons against abuse by family members.

Victims can apply for protection orders online and an integrated repository of protection orders against perpetrators will be established.

The departments of Social Development, Basic Education, Higher Education and Health will be asked to provide certain services to survivors if needed and to refer them to shelter and for medical care.

“The circumstances under which a prosecutor can refuse to institute a prosecution when offences have been committed under the amended Act, or to withdraw charges when it involves the infliction of bodily harm or where a weapon was used to threaten a complainant, have been limited,” Ramaphosa explained.

A significant proposed amendment to the Act will now allow for the imprisonment or fining of persons with knowledge, reasonable belief or suspicion that an act of domestic violence has been committed against a child, a person with disability or an older person and fails to report it to a social worker or police.

Members of the South African Police Service can also be reported to the Civilian Secretariat for Police Service for failing to comply with the Act.

“The women of South Africa have had enough of lukewarm actions that do not address one of the most fundamental rights of all – to live in freedom from fear. These proposed amendments are an appropriate response to a groundswell of dissatisfaction at the way survivors of gender-based violence have been treated by the criminal justice system in the past. This government and its partners will make good by the women of South Africa. We will not let them down,” promised Ramaphosa.