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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

Kovsies celebrate ‘model of humanity’

2013-07-19

Zelda la Grange
Photo: Sonia Small
19 July 2013

Video clip (YouTube)

Photo gallery
UFS Mandela Day Pledge (pdf)
Zelda la Grange speech (pdf)

The University of the Free State (UFS) joined people around the globe in celebration of the fourth annual Nelson Mandela Day. Long-time Madiba confidant, Zelda la Grange, delivered the main address, inspiring the crowd with anecdotes gleaned from her intimate knowledge of the former president.

La Grange felt that the UFS as an institution can contribute greatly towards the upliftment of South African society.

“Your university has become what we hope for in South Africa – a transformed society whose purpose serves the greater good of humanity. Embrace and nurture what you have here under the leadership of Prof Jansen and his team. And influence society consciously, every day, in the same way as Madiba did for every day of the 67 years of his activism, and beyond.”

As UFS Vice-Chancellor and Rector, Prof Jonathan Jansen, aptly put it, the Kovsie celebrations aim to give thanks to Madiba as a ‘model of humanity’ and for what he has done for all South Africans.

Prof Jansen stressed that the importance of Mandela Day cannot be overstated.

"I think it is incredibly important because the real legacy of Nelson Mandela is that of a man who gave everything he had for the struggle to gain our freedom, our democracy and that we can get along as just human beings and not as a skin colour, a religion or as strangers," he said.

Events began with a clean-up operation by UFS volunteers, Zelda la Grange and the Bikers for Mandela Day, the Mangaung Metropolitan Municipality and other sponsors. The team cleaned areas in Heidedal and Manguang before returning to the UFS Bloemfontein Campus.

Kicking off the campus section of the programme, UFS staff and students formed a ‘human chain’ on the Red Square as part of a wider initiative which was the brainchild of Archbishop Emeritus Desmond Tutu – who was the main attraction of the 2012 Mandela Day activities at Kovsies.

The assembled ‘chain’ recited the UFS Mandela Day pledge, whilst snaking around the Red Square and the gardens surrounding the Main Building, before offering interfaith prayers to Madiba in honour of the 67 minutes of selflessness epitomised by Nelson Mandela Day.

To conclude the first part of the celebrations, the No Student Hungry campaign’s patrons, Mrs Grace Jansen and Dr Carin Buys, released symbolic doves and joined the chain in the singing of the national anthem.

Rudi Buys, Dean of Student Affairs, said that the symbolic chain showed the UFS community’s aim to “join together as a country and show our commitment to our people” on the special day.

Mangaung Metropolitan Municipality Executive Mayor, Thabo Manyoni, together with Prof Jansen, welcomed UFS staff and students to the main festivities which centred around a coin-laying ceremony in front of the Main Building. All proceeds of the coin laying are to be contributed towards the NSH. More than R83 000 was raised through the coin-laying ceremony and donations, more than double the amount of 2012.

The jubilant crowd was edged on by OFM presenter, Johrné van Huyssteen, who offered to preside as master of ceremonies free of charge as part of his 67 minutes.

Manyoni stressed that Mandela Day is a celebration and should be regarded as a joyous occasion. He said that Madiba’s ability to take action and inspire change, is the foremost aspect of his legacy, one all South Africans should strive to emulate.

“We should all be the champions in the areas where we are. There can never be another Madiba, but we should all aim to be smaller, better Madibas,” he said.

Zelda la Grange emphasised the life-changing influence Madiba has had on her own life, as well as South Africa in general.

“Mandela Day is a call to action for individuals, for people everywhere, to take responsibility for changing the world into a better place, one small step at a time, just as Mr Mandela did. It is a day of service,” she said.

According to her, certain key characteristics are responsible for Madiba’s vast reverence throughout the world, principles everyone should try to emulate. She mentioned his principles, simplicity, honesty, integrity, discipline and respect for other people even when opinions differ, as the foremost of these qualities.

La Grange also stressed that the goodwill shown on Mandela Day should not be limited to one day in a year, but that we should all strive to live each day according to these principles.

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