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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 honours young researchers

2006-02-10

Some of the guests attending the recognition function were from the left: Prof Magda Fourie (Vice-Rector: Academic Planning at the UFS), Mr Joseph Smiles (lecturer at the UFS Department of Political Science and Thuthuka grant holder), Prof Frans Swanepoel (Director: Research Development at the UFS) and Dr Carlien Pohl (lecturer at the UFS Department of Microbial, Biochemical and Food Biotechnology and Thuthuka grant holder).
Photo: Leonie Bolleurs

The guest speaker was Prof Jonathan Jansen, Dean: Faculty of Education at the University of Pretoria (UP). He gave tips to young and promising researchers on how to be an outstanding scholar.
What is a Scholar

UFS honours young researchers

The University of the Free State (UFS) last night honoured 24 young researchers who are taking part in the National Research Fund’s (NRF) Thuthuka programme.

The recognition function is the first of its kind at the UFS. “The renewed focus on research development that was recently announced at the official opening of the UFS by the Rector and Vice-Chancellor, Prof Frederick Fourie, is an indication of the institution’s endeavour to create an environment in which research can be improved and flourish. This can only be obtained when researchers are being valued and that is why it is important to honour our young researchers,” said Mrs Annelize Venter, researcher at the UFS Research Development Directorate and coordinator of the programme.

The focus on research was also touched on recently by President Thabo Mbeki during the opening of Parliament when he said: “We will continue to engage the leadership of our tertiary institutions focused on working with them to meet the nation’s expectations with regard to teaching and research. For its part, the government is determined to increase the resource allocation for research and development and innovation, and increase the pool of young researchers."

According to Mrs Venter, research done in 2004 shows that the majority researchers who publish are white males above the age of 50. “Many students who undertake magister studies choose not to conduct research, but rather to do a thesis and additional subjects. This means that research is not stimulated. Students also find it difficult to obtain financial support for postgraduate studies,” she explained.
“Thutuka is a capacity building programme of the NRF that is aimed to
fund and support the qualifications of women and young black scientists and other researchers who do not have a rating for postgraduate research. It is based on a funding partnership between the UFS and the NRF,” said Mrs Venter.

Last night Prof Frans Swanepoel, Director: Research Development at the UFS, added to his by saying: “With the Thuthuka programme we aim to create and sustain a research culture at the UFS, promote international research and train researchers of a high quality and enhance the research capacity at the UFS by focusing on women, black researchers and other promising researchers.”

The programme was started by the NRF in 2001. At that stage only 17 grants were made countrywide. Last year 370 postgraduate students took part in the programme.

According to Mrs Venter the programme was implemented at the UFS in 2003. “At that stage we only had 5 grant holders. This year there are 24 Ph D and magister students on the programme,” she said.

A couple of young promising researchers, who will be participating in the programme in 2007, also attended last night’s recognition function.

The guest speaker was Prof Jonathan Jansen, Dean: Faculty of Education at the University of Pretoria (UP). He gave tips to young and promising researchers on how to be an outstanding scholar.

Nine professors were also congratulated with their promotion to senior research professor, namely Proff Louise Cilliers (Department of English and Classical Languages), James du Preez (Department of Microbial, Biochemical and Food Biotechnology), Johan Grobbelaar (Department of Plant Sciences), Dingie Janse van Rensburg (Centre for Health Systems Research and Development), Dap Louw (Department of Psychology), Philip Nel (Department of Afro-asiatic Studies and Language Practice and Sign Language), Louis Scott (Department of Plant Sciences), Dirk van den Berg (Department of History of Art) and Andries Raath (Department of Constitutional Law and Philosophy of Law).

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
10 February 2006

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