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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

Association of Former SRC Presidents – first of its kind

2013-08-19

Some of the former SRC presidents who attended the inaugural dinner were, from the left: Roelf Meyer, Bloemfontein Campus 1970; Dr More Chakane, Qwaqwa Campus 1990; vice-chairperson of the AFSP; Dr Anchen Laubscher, first woman president of the Bloemfontein Campus 2003; and Prof Voet du Plessis, Bloemfontein Campus 1967/8.
Photo: Stephen Collett
19 August 2013

The University of the Free State (UFS) made history this weekend with the establishment of its Association of Former SRC Presidents (AFSP) – the first association of its kind after the merging and incorporation of public institutions in 2003–2004.

Twenty-two former SRC presidents attended the inaugural dinner to launch the association on Women's Day, Friday 9 August 2013, and recognised especially the attendance of all four female presidents that previously chaired the SRC. Other guests included former rectors and chairpersons of the UFS Council, as well as chairpersons of the Alumni.

The attending presidents served during the period 1967–2012, either at the former University of the Orange Free State (UOFS), the Qwaqwa Campus of the former University of the North, South Campus of the former Vista University and the University of the Free State.

“Your very personal narratives as former student leaders during the troubled past of our history in South Africa matter most as you design the questions for and purpose of an authentic conversation with student leaders today – this will set your association apart from others," said Rudi Buys, Dean of Student Affairs.

Former SRC president of 1975/6 and now founding member and chairperson of the association, Dr Michiel Strauss, said that this is the opportunity for former student leaders to give back to the younger generation.

“It is true that many middle-aged white South Africans have a deep sense of debt and obligation towards the youth of our country. We owe them an apology for the discrepancies of the past. This apology should be more than just words. Deeds of reconciliation and restitution must be seen.

“As for myself; I was president of the SRC of the then UOFS in the same period in which the biggest part of the youth of South Africa suffered so much in their struggle for freedom in our country.

“In my personal capacity, as well as in my official capacity as SRC president, I did nothing to try and understand and/or co-operate in the struggle of my peers. This fact haunts me until this day.

“The question then for people like me and so many others, is: Where do I invest my time and energy and passion for this country? Where will my contribution make a real difference? There is no better answer to this burning question than to invest in the human resources in our beloved South Africa, and more focused – to invest in the young people.

“There is something meaningful and beautiful happening at the UFS and it is now a leader in academic standards, reconciliation, leadership formation and nation building. I can think of no better place to make my small contribution,” Dr Strauss said.

“As former student leaders, we have a sense of purpose to contribute to the university and there is no better time to start than now. It is my privilege to be part of this great initiative and I look forward to what will be achieved,” said Dr More Chakane, deputy chairperson of AFSP and former SRC president of the Uniqwa Campus of the University of the North in 1990 (now the Qwaqwa Campus of the UFS).

Roelf Meyer, known for the prominent role he played in the negotiations to end apartheid in South Africa and chairperson of the Civil Society Initiative (CSI) of South Africa, said his time as a leader at the university has given him the opportunity to apply and use his skills and experience and share it with the new leaders of the institution. "The UFS is highly regarded because of the exceptional standards and excellence portrayed by its senior leadership. Where I can make a difference, I'll do it with pleasure and pride," he said. Meyer served as SRC president in 1970.

The association met on Saturday 10 August 2013 to adopt its interim constitution and consider operational matters, while also reaching agreement on its core functions in support of its purpose to transfer change leadership skills to incumbent student leaders and mediate meaningful contributions of Alumni to the growth of the university.

“We greatly value the declared intention of AFSP to work with the university to design meaningful and sustainable mentorship programmes to support and guide student leaders on campus, and have pledged our support in this regard,” said Buys.

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