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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

New student leaders for UFS

2013-08-29

Rudi Buys, Dean of Student Affairs (centre), with newly elected president of the Bloemfontein Campus SRC, Phiwe Mathe (left) and Matlogelwa Moema, president of the Qwaqwa Campus SRC.
Photo: Sonia Small
29 August 2013

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2013/14 Student Representative Councils: YouTube video

Phiwe Mathe and Matlogelwa Moema, both third year students, have been elected as presidents of the 2013/14 Student Representative Councils (SRC) of the University of the Free State’s Bloemfontein and Qwaqwa Campuses respectively. They now also serve as the presidency of the Central SRC and will take up their seats as voting members of the UFS council in September 2013. Thirty-eight candidates contested the 19 elective seats of the campus SRCs, for which 83 nominations were received.

Rudi Buys, Dean of Student Affairs, announced the completion of the elections at the two campuses as successful.Buys deemed the elections highly significant, considering it is the third year of peaceful elections since students adopted changes in student governance in 2011. These changes included, among others, the introduction of independent candidacy for elective portfolios and organisational candidacy in SRC sub-councils that hold ex-officio seats on the campus SRC. Changes also included the establishment of student representative seats in faculty forums and the adoption of reviewed SRC constitutions, Buys said.

The SRC elections at the Qwaqwa Campus were completed on 23 August 2013, while the elections at the Bloemfontein Campus took place on 26 and 27 August 2013. Elections at the Qwaqwa Campus showed a voter turnout of 44% and at the Bloemfontein Campus a turnout of 31.5%, which is among the highest in the country.

Both campuses reached the required quorums and the campus elections bodies, the IEA (Bloemfontein Campus) and IEC (Qwaqwa Campus), declared the elections free and fair and announced the results as a true reflection of the will of the student bodies at the campuses.

This year also saw the piloting of a central SRC elections oversight committee (CEC) to strengthen independent oversight of all elections. The CEC monitors the elections as free, fair and democratic and consists of senior academics and former student leaders of the Student Elders Council. Prof Loot Pretorius, inaugural chair of the CEC, announced the CECs confirmation of the SRC elections across campuses as free, fair and democratic.

Celebrations marked a mass meeting on the Bloemfontein Campus where the new student leaders were announced on Thursday 29 August 2013. There were cheers and singing as Quintin Koetaan, Head of the Bloemfontein IEA, on behalf of the two elections bodies, read the names of the newly-elected student leaders of both campuses. Delivering his victory speech, Phiwe thanked competitors for running a good debate, saying it was not about characters or personalities, but rather the ideas that would best serve a Kovsie. “Students will remain central and the ‘R’ is back in SRC,” he told the resounding crowd. Matlogelwa reiterated this message and said, "the SRC is for students and will serve all students equally."

Following on the heels of the SRC elections, voting for residence committees will take place next week with 618 candidates contesting 231 available positions. The elections of association executive committees will also take place in September.

The new SRC members of the Bloemfontein Campus are:

President: Phiwe Mathe
Vice-President: Tshepo Moloi
Secretary: Masiteng Paul Matlanyane
Treasurer: Willem du Plooy
Arts andCulture:Hlonipa Matshamba
Accessibility and Student Support:Anastasia Sehlabo
First Generation Students: Nthabiseng Malete
Legal and Constitutional Affairs: Mosa Leteane
Media, Marketing and Liaison: Callie Hendricks
Sport: Laurika Hugo
Student Development and Environmental Affairs: Bataung Qhotsokoane
Transformation: Christopher Rawson
Assosiations Council and Ex officio:Ntakuseni Razwiedani
Academics Affairs Council and Ex officio: TBC
Residence Council and Ex officio: Andricia Hinckermann
Commuter Council and Ex officio:Clarise Haasbroek
Postgraduate Council and Ex officio: Oluwatoba Fadeyi
International Council and Ex officio: Brian Hlongwane
Student Media Council and Ex officio: Keabetswe Magano
RAG Fundraising Council and Ex officio: Jaco Faul
Rag Service Council and Ex officio: Suzanne Maree

The new SRC members of the Qwaqwa Campu are:

President: MP Moema
Deputy-President: NT Mndebele
Secretary General: JC Mosiea
Treasurer General: NT Zuma
Politics and Transformation: IT Dube
Media and Publicity: ZF Madlala
Student Development and Environmental Affairs:SS Mtetwa
Off-Campus Students: TSJ Sithole
Arts and Culture: S Mabele
Academic Affairs: NE Litabo
Sport Affairs: TSG Mohlakoana
Religious Affairs:TW Mofokeng
Residence and Catering Affairs: A Ndabankulu
RAG Community Service and Dialogue: S Yende

Issued by: Lacea Loader
Director: Strategic Communication

Telephone: +27(0)51 401 2584
Cellphone: +27 (0) 83 645 2454
E-mail: loaderl@ufs.ac.za

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