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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

International speakers discuss diversity

2014-02-11

Dr Charles Alexander from UCLA
Photo: O'Ryan Heideman

International and local experts recently gathered on the Bloemfontein Campus to deliberate over the topic of diversity.

Student participation and mobility dramatically increased in higher education worldwide. Cultural, political, economic and social factors on a national and global scale, have brought the reality of diversity into the operational spaces of Higher Education Institutions. These challenges are not exclusive to South Africa, though. In the Netherlands and USA, universities are also challenged by the demands of an increasingly diverse student population.

Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS, acted as one of the keynote speakers during a two-day colloquium hosted by the Institute for Reconciliation and Social Justice. In an impelling address, Prof Jansen argued that change cannot be affected on a university campus if the surrounding community does not change as well. He also noted the spread of a culture of silence surrounding issues of misbehaviour. He urged that we need to find courage again to speak out. From the level of government, media and churches to the private spaces of our homes, we have to co-create an environment of care.

This message closely tied in with that of Prof Shirley Tate’s from the University of Leeds. In her keynote, she asserted that mere tolerance of someone different from you can lead to even more alienation. The path to true reconciliation is grounded in the intimacy of friendship. Friendship and empathy lead to trust and transcend racism.

Another keynote speaker from abroad, Dr Charles Alexander from the University of California, delineated a model for inclusive excellence. He explained that the major problem of true transformation is not due to a lack of ideas, but in the implementation thereof. “Realities of implementation short circuit the change process,” he said. He explained how campus environments can adapt in order to support and enhance lasting inclusivity.

We have to become complicit in the process of transformation, Prof Dr Ghorashi, Professor of Diversity and Integration at the Vrije Universiteit Amsterdam, conveyed. Linking up with the issue of silence, she demonstrated the power of speaking out, using examples from her extensive research among victims of violence. It is imperative, she maintains, that for transformation to materialise, we need to create safe spaces in which we can share our vulnerabilities.

Footnote: Due to unfortunate circumstances, both Prof Dr Ghorashi and Prof Shirley Tate could not personally attend the colloquium as planned. Their respective keynotes were read to the audience on their behalf.

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