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Judgment by UFS’s Prof Tameshnie Deane challenges Supreme Court precedent in landmark domestic violence case

04 March 2025 | Story Tshepo Tsotetsi | Photo Supplied

A judgment by Prof Tameshnie Deane, Vice-Dean of Research, Postgraduate Studies and Internationalisation at the University of the Free State’s (UFS) Faculty of Law, has been published in South African Criminal Law Reports (SACLR), in recognition of its groundbreaking contribution to South African domestic violence law.

Prof Deane’s May 2024 judgment in the case GD v NB (2025(1) SACR 179) challenged a restrictive Supreme Court of Appeal (SCA) precedent and expanded the interpretation of ‘domestic relationships’ under the Domestic Violence Act. Her ruling has not only reshaped legal understanding but also reinforced the UFS’s commitment to impactful legal scholarship.

South African Criminal Law Reports is a monthly report of criminal law and procedure cases from superior courts in Southern Africa. The cases highlighted in each issue are chosen for their importance to criminal law practitioners.

Challenging established precedents

Prof Deane’s judgment effectively challenged a precedent set by the SCA in Daffy v Daffy (2012), marking a significant shift in legal interpretation under the Domestic Violence Act 116 of 1998 (DVA).

The GD v NB case revolves around domestic violence and the issuance of a protection order under the DVA. The appellant (the person who appealed the original court’s decision), who was married to the sister of the respondent (the person who must answer the claims), argued that their relationship did not fall under the domestic relationship criteria for a protection order. This argument relied heavily on the SCA’s decision in Daffy v Daffy, where the court had narrowly defined a ‘domestic relationship’ as being limited to cohabitation or close familial ties. In the Daffy case, two brothers were denied protection under the DVA, as their strained business relationship was deemed insufficient to fall under the scope of domestic violence protections.

Expanding the definition of domestic relationships

Prof Deane, however, disagreed with the restrictive interpretation applied in that case. “I concluded that this constrictive interpretation of a ‘domestic relationship’ seemingly ignores the intended aims of the DVA,” she explained. In her judgment, she argued that the DVA was intended to offer protection in a wide range of domestic relationships, and that the previous ruling failed to consider the evolving dynamics of modern familial ties.

By drawing on the broader, evolving understanding of domestic violence, Prof Deane expanded the definition of a “domestic relationship” to include relationships based on familial obligations, even where they may not involve cohabitation or direct consanguinity (direct blood relation). She cited specific details in the GD v NB case where the appellant and respondent were involved in the care of the respondent’s mother. “The relationship between the appellant and respondent extends beyond business matters to include familial obligations,” she noted. The ruling in GD v NB granted the appellant a protection order, acknowledging that their relationship met the broader definition of domestic violence protection under the DVA.

Adapting the law to contemporary realities

Her judgment reinforced that domestic violence can occur in diverse familial structures and that protection under the DVA should not be limited by narrow definitions. “Society is constantly changing, and the law must adapt accordingly to ensure relevance and that the widest possible protections are afforded to those in a wide range of domestic relationships,” Prof Deane emphasised. Her judgment serves as a response to South Africa’s high rates of domestic violence, ensuring that the law accommodates and responds to the diverse situations in which domestic violence occurs.

This landmark ruling contributes significantly to the ongoing development of South African law, furthering the protection of domestic violence victims and ensuring that the DVA is applied in a way that reflects the realities of contemporary society. Prof Deane’s decision highlights the importance of the law adapting to social changes, offering broader protection and safeguarding the rights of vulnerable individuals within complex and varied domestic environments. This judgment also positions the UFS as a leader in advancing legal thought and contributing meaningfully to the evolution of South African law.

News Archive

UFS to award honorary doctorate to Maria Ramos

2004-12-08

The Council of the University of the Free State (UFS) recently approved the awarding of an honorary doctorate to Ms Maria Ramos, Group Chief Executive of Transnet in April 2005. A total of five honorary doctorandi will be honored.

The other doctorandi are Proff Jan Groenewald (D Sc (hc)), Jaap Durand (D Phil (hc)), Sampie Terreblanche (C Dom (hc)) and Anthon Heyns (MD (hc)).

Me Ramos will receive an honorary doctorate in Economics (P hD (Economics) (hc)) for the large contribution she made to the establishment of a prudent fiscal and macro-economic policy in South Africa and hence, to the restoration of the financial credibility of the country in the eyes of domestic and foreign investors. Ms Ramos was the Director General of the National Treasury from 1996-2003.

She obtained the MSc-degree in Economics in 1992 from the University of London and was awarded a British Council Scholarship (Helen Suzman award) in the same year and in 1991. During the early nineties she was among others project leader of the ANC’s Macro-economic Research Group and also a member of the team that negotiated chapters on finance in the interim Constitution of South Africa. She was a research associate at the Centre for the Study of the South African Economy and International Finance at the London School of Economics and also lectured at the Universities of South Africa and the Witwatersrand.

“It is a great privilege for us to honor Ms Ramos and the other doctorandi in their different fields of expertise. This once again serves as an example of the UFS’s policy to give recognition to people who excel and make a difference,” said Prof Frederick Fourie, Rector and Vice-Chancellor of the UFS.

Prof Jan Groenewald will receive an honorary doctorate for his life-long commitment to the establishment and development of Agricultural Economics as a subject field in South Africa and in Africa and his various contributions to the UFS. During his career, Prof Groenewald received various awards among others in 1998 when he received the Stals Prize for Economics from the South African Academy for Science and Art and in 1990 when he received an honorary medal from the South African Society for Agricultural Economics.

Prof Jaap Durand will receive an honorary doctorate in Philosophy for his pioneering work on various fields in the South African society. He obtained his Masters degree in Philosophy from the UFS and contributed to almost 60 articles and collections. Prof Durand has a colourful career as academic manager: from professor in Systematic Theology and dean of the Faculty of Theology at the University of the Western Cape to Deputy Vice-Chancellor of the same university. He was the ombudsman of the University of Stellenbosch from 2002-2003.

Prof Sampie Terreblanche will receive an honorary doctorate in Economics for the important role he played, and is still playing, to keep the debate about and the need for socio-economic and socio-political reform in South Africa going. Prof Terreblanche started his career as a lecturer at the UFS. In 1992 the Stals Prize for Economics was awarded to him by the South African Academy for Science and Art. Prof Terreblanche was also a founding member of ASSET, an organisation addressing the problems of poverty, inequality and social injustice in South Africa.

Prof Anthon Heyns, Chief Executive Officer of the South African National Blood Service, will receive an honorary doctorate in Medicine. Prof Heyns is a well-known international researcher in Hematology and recently received a Centenary Medal from the UFS for his strong role and national prominence as expert and leading figure in establishing and developing Hematology at the UFS. He was the first head of the UFS’s Department of Hematology and is also co-editor of the only Afrikaans hand book of Hematology. He serves among others as a council member and member of the executive management of the South African Medical Research Council. On the international front he serves on at least five committees of the World Health Organisation based in Geneve, Switzerland. He has two honorary appointments as professor respectively at the UFS and University of the Witwatersrand.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
8 December 2004

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