Latest News Archive

Please select Category, Year, and then Month to display items

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

And the Best Managed Residence is…

2014-10-27

As examinations draw near and the end of the year is around the corner, residences want to know who the best of the best is.

During the 2014 Residence Awards on 22 October, the UFS announced their best managed residences of the year at the Bloemfontein Campus.

Wag-’n-Bietjie walked away with the spoils of the evening, winning both best managed female residence, and best managed residence overall. Armentum claimed the title of best managed male residence, while Sonnedou was named as the best managed day residence.

Further results for overall best managed residences and other categories are as follows:

Best Managed Residence
Male Residences:

Armentum
JBM Hertzog
Karee

Female Residences:

Wag-‘n-Bietjie
Roosmaryn
Soetdoring

Day Residences:

Sonnedou
Imperium
Marjolein

Overall Ranking:

Wag-‘n-Bietjie
Armentum
Roosmaryn

College

South College (Armentum, Emily Hobhouse, Marjolein, NJ vd Merwe, Villa Bravado)
East College (Arista, JBM Hertzog, Kayalami, Roosmaryn, Legatum, Sonnedou)
and North College (Madelief, Tswelopele, Vergeet-my-Nie, Veritas, Welwitschia)
Central College (Akasia, Kagiso, Karee, Soetdoring, Wag-‘n-Bietjie)
and West College (Abraham Fischer, Conlaurês, Imperium, Kestell, Outiniqua)

Environmental Affairs
Male Residences:     JBM Hertzog
Female Residences: Wag-‘n-Bietjie
Day Residences:        Sonnedou
Overall Winner:           Sonnedou

Diversity
Male Residences:                               JBM Hertzog
Female Residences:                          Akasia
Day Residences:                                Arista
Best Improved Male Residence:         Villa Bravado
Best Improved Female Residence:    Kestell
Overall winner:                                    Akasia

Executive Portfolios
Male Residences:                               Tswelopele
Female Residences:                          Wag-‘n-Bietjie
Day Residences:                                Imperium
Best Improved Male Residence:         Tswelopele
Best Improved Female Residence:    Marjolein
Overall Winner:                                   Imperium

Academics
Male Residences:                               Outeniqua
Female Residences:                          Wag-‘n-Bietjie
Day Residences:                                Imperium
Best Improved Male Residence:         Imperium
Best Improved Female Residence:    Marjolein
Overall Winner:                                   Wag-‘n-Bietjie

Finance
Male Residences:                               Armentum
Female Residences:                          Roosmaryn
Day Residences:                                Imperium
Best Improved Male Residence:         Villa Bravado
Best Improved Female Residence:    Kestell
Overall Winner:                                   Armentum

Culture
Male Residences:                               Abraham Fischer
Female Residences:                          Wag-‘n-Bietjie
Day Residences:                                Sonnedou
Best Improved Male Residence:         Armentum
Best Improved Female Residence:    Akasia
Overall Winner:                                   Wag-‘n-Bietjie

Sport
Male Campus and Day Residences:           Armentum
Female Campus and Day Residences:      Wag-‘n-Bietjie
Best Male RC Sport:                           Armentum
Best Female RC Sport:                      Sonnedou

First-Years
Male Residences:                                                       Armentum
Female Residences:                                                  Welwitschia
Day Residences:                                                        Sonnedou
Best Improved Male and Female Residence:            ConLaurês and Outeniqua
Overall Winner:                                                           Armentum

Prime
Male Residences:                               Tswelopele
Female Residences:                          Wag-‘n-Bietjie
Day Residences:                                Arista
Best Improved Male Residence:         Tswelopele
Best Improved Female Residence:    Arista
Overall Winner:                                   Tswelopele

Social
Overall Winner: Karee
Best Improved Residence: Kestell

Back

Economic and Management Sciences

Education

Health Sciences

The Humanities

Law

Natural and Agricultural Sciences

Theology and Religion

Open Distance Learning

Business School

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept