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19 September 2022 | Story André Damons | Photo André Damons
Sithembiso Ndlovu
Sithembiso Ndlovu is a lecturer in the Dean’s Office, Faculty of Health Sciences who recently completed his research into the impact the COVID-19 pandemic had on gender-based violence (GBV) among women.

A lecturer at the University of the Free State (UFS) Faculty of Health Sciences hopes his research into the impact the COVID-19 pandemic had on gender-based violence (GBV) among women, could assist the victims and especially government and organisations to address this evil post-COVID-19. 

Sithembiso Ndlovu, a Public Health Lecturer in the Division of Public Health, Office of the Dean of Health Sciences, says this research was a narrative review paper which aimed to explore the impact of the COVID-19 pandemic on GBV among women since there is inadequate established literature on this topic, particularly in South Africa. The focus was on intimate partner violence.

He started working on the review in February 2021 and finished in August the same year where after the paper was published by the African Journal of Reproductive Health (AJRH) in July 2022. He says he believes his research aligns with the UFS narrative of creating opportunities and growth through leading, learning and teaching, focused research, and impactful engagement with society given the quality of the research that his review upholds. 

Looking at the state and impact of GBV

Says Ndlovu: “I believe my research will be impactful in academia and in the lives of women who experienced GBV during lockdown. The study will also be impactful to women who will experience GBV in the future through recommended interventions, which I believe government departments and various GBV-oriented organisations can adopt to curb the increase in GBV cases in the country post-COVID-19 pandemic. 

”All in all, the research expresses the notion of care for the well-being of South African women who are voiceless or powerless and thus creates an opportunity for them to be able to seek help.”

The researcher says he wanted to look at the state and impact of GBV among women during the pandemic in the South African context and lay a foundation for prospective interventions to mitigate the increase of GBV cases during the lockdown. He envisages government departments and local organisations that deal with issues relating to GBV to consider the proposed interventions. 

“Also, it remains vital to engage men on the importance of GBV and the role they can play in decreasing the prevalence of this second pandemic after the COVID-19 as President Cyril Ramaphosa noted,” says Ndlovu.

According to him, without proper and accessible support, there will always be an increased risk of victimisation, even in households where there was no violence before the lockdown. Multipronged and all-inclusive intervention strategies are needed to address the prevalence of GBV cases effectively and sufficiently in South Africa. 

What does the research show? 

Ndlovu says the research found that there are multiple factors that contributed to the surge in GBV cases in South Africa, including alcohol availability and consumption, job losses, financial dependence, psychological distress, and emotional imbalances during the lockdown. During the restrictive lockdown, women were more exposed to the aggressors at home, where varying hostile power dynamics prevail, leaving the victims with limited opportunity to find any potential help and support due to limited mobility.

“When I was drafting the paper, there was limited literature on GBV during COVID-19 and comparing and contrasting statistics between the two periods was challenging. At the start of lockdown in March 2020, 87 000 cases of GBV and interpersonal violence were reported, a significant increase compared to pre-COVID-19. 

“However, the reports did not specify the type of interpersonal violence, and GBV reported or the gender of the aggressor although it has been widely reported that male partners perpetrate most IPV.” 

Interventions

Ndlovu wrote in the research article that key intervention strategies in combating GBV and ensuring that victims are supported adequately include dialogues and interventions around high-level communication and behaviour change programmes, prioritisation of reported cases, and developing interventions tailored to respond to the economically vulnerable circumstances women encounter. 

“There should be an emergency strengthening of the support systems that could be utilised by women experiencing violence and who are planning to escape the violent environment during regulated lockdown curfew periods in South Africa.

“Interventions should also include denormalising violence against women by their male counterparts and men in general. This could be implemented through educational programmes in communities, including schools where violence is prevalent. In this regard, an evaluation study on a school violence programme in Tshwane found that the programme increased positive knowledge of violence and attitudes toward violence. The recommended services must also be offered in all South African official languages to ensure that information is received and understood extensively,” he wrote. 

GBV-related programmes need to be prioritised in every sector and government department. This would necessitate realistic measures and activities to ensure impact. Governments must collaborate with various organisations to derive interventions by eliminating factors contributing to a surge in GBV cases. 

News Archive

The failure of the law
2004-06-04

 

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.
 

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

 

 

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