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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 implements access control measures on our Bloemfontein Campus

2014-11-21

Photo: Hannes Pieterse

Online Application form: non personnel

Map with access gates on the Bloemfontein Campus

Accessing the Bloemfontein Campus from 3 November 2014

Access control during major events on the Bloemfontein Campus

Q&A

The University of the Free State (UFS) has been tightening security measures on its Bloemfontein Campus for quite some time now. Purposefully, we have consolidated several safety measures to keep our students, staff and visitors – the heartbeat of our university – protected.

Our most significant step in this endeavour is now in the process of implementation. All five entrance gates to the campus are being equipped with strict access control.

The first phase of the process was implemented beginning of August 2014. Gates 2 (Badenhorst Street) and 4 (Furstenburg Street) were equipped with card readers. Only persons with valid access cards can enter and leave through these gates. Existing staff and student cards are equipped to be read by the short-distance card readers at the gates in order to activate the booms.

At this stage, staff and students are swiping their cards against the card readers at Gates 2 and 4 or holding it not further than 20 mm from the reader for the boom to open. Card holders now physically stop in front of the boom in order to get access to the campus.

The duel-frequency card:

The dual-frequency cards available at the Card Division on the Thakaneng Bridge are currently out of stock. New cards will be delivered on Friday 14 November 2014.

The special offer of R30 per access card has been extended to the end of November 2014. To qualify for this offer, staff and students may pay the R30 for a dual-frequency card at the bank or cashiers on the Thakaneng Bridge no later than 28 November. The cost of dual-frequency cards will increase to R60 per card from 1 December 2014.

Please note that only people with vehicles need to apply for dual-frequency cards.

Students and staff will, however, still be able to gain access to the Bloemfontein Campus with their current cards (in the case of staff and students who haven’t purchased dual-frequency cards yet). As is currently the practice at the gates in Furstenburg and Badenhorst Streets, you will have to stop when you reach the boom, swipe your card past the card reader, the boom will open and you will be able to drive through.

Staff and students using their dual-frequency cards should:

-       Reduce speed
-       Hold the card in a vertical position at the driver’s side window, in the direction of the long-distance reader (see photo)

It is therefore not necessary to stop in front of the boom. On holding your card upright, in line with the card reader, the gate will open automatically and you will be able to drive through (keep your card outside your window; the card reader cannot operate through tinted windows).

Please note that this arrangement only applies to incoming lanes. On leaving the campus, the card has to be swiped. This is due to the number-plate recognition technology installed at exits for additional security.

If the long-distance reader does not work, the dual-frequency card can still be used at a tag reader.

Applying for your new card:

Electronic fund transfers: Absa Bank: 1 570 8500 71, Ref: 1 413 07670 0198, OR pay the R30 at the UFS Cashiers, Thakaneng Bridge. Please note that the price of the cards will increase to R60 from 1 November 2014.

Take your existing personnel or student card, together with proof of payment, to the UFS Card Division, Bloemfontein Campus, Thakaneng Bridge, to have your photo taken and your new dual-frequency card issued.

Permission to access specific UFS buildings or facilities linked to your existing card, will be automatically linked to the new card.

The new card is marked ‘dual’ on the back in the right, bottom corner.

The UFS Cashiers will provide assistance between 09:00 and 14:30, and the UFS Card Division between 09:00 and 15:00.

Implementation of full access control

Full access control will be implemented on the UFS’s Bloemfontein Campus from 3 November 2014. This means that access control will be implemented at all gates on the Bloemfontein Campus.

Who is using which gate? See Q&A for more information.

Gate 3 (Wynand Mouton Drive) is earmarked for use by official card holders. These include students, staff and persons doing business on campus. Parents dropping and fetching their children for sports, as well as service providers of the UFS, such as architects, may apply for valid cards. These persons will have to provide proof that they have business on campus (complete online application form and sign declaration).

All visitors to the campus will be referred to the Visitor’s Centre at Gate 5 (DF Malherbe Drive). This include, among others, parents, family and friends of students, as well as conference delegates. It is estimated that the Visitor’s Centre will be completed at the end of November (note that the gate at DF Malherbe Drive will be operational by 3 November 2014). Visitors will sign in at the Visitor’s Centre and, depending on the business they have on campus, they will only be allowed on campus for a certain period of time.

•    Lane 1 at Gate 5 will be used by visitors and service providers to enter the campus. Only card holders will be able to use lane 2.
•    Buses and trucks can also enter the campus through Gate 5.

The construction at the Main Gate at Nelson Mandela Drive is to build one extra lane for incoming traffic. The project is estimated to be completed at the end of October 2014.

•    For outgoing traffic, lane 1 (furthest from the guardhouse) and lane 2 will only be used by card holders and lane 3 (closest to the booth) will be used by service providers.
•    For incoming traffic, lanes 2 and 3 were set aside for use by only service providers. Lanes 1 and 4 will be used by only card holders.

Pedestrians

All gates for motorists will also be equipped with a pedestrian thoroughfare on completion of the project. Persons using these pedestrian gates also need to use their cards to get access to the campus.

Pedestrians who are visitors, but aren’t in possession of a valid access card, should please go to the Visitor’s Centre at the gate in DF Malherbe Drive where they will be helped.

More information

For more information on access control at the UFS, please watch our videos and read the Q&A or e-mail your enquiries to accesscontrol@ufs.ac.za.

Issued by: Lacea Loader (Director: Communication and Brand Management)
Tel: +27(0)51 401 2584 | +27(0)83 645 2454
E-mail: news@ufs.ac.za

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