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04 March 2025 | Story Tshepo Tsotetsi | Photo Supplied
Prof Tameshnie Deane
Prof Tameshnie Deane, Vice-Dean of Research, Postgraduate Studies and Internationalisation in the UFS Faculty of Law.

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

Access to the Bloemfontein Campus
2015-04-02

Access Control Made Easy

The first phase of access control at the University of the Free State (UFS) was implemented in August 2014. The aim of this initiative is to tighten security measures on the Bloemfontein Campus.
 
Since November 2014, access control has been implemented at all five gates on the Bloemfontein Campus. These are:

  • The Main gate in Nelson Mandela Drive (Gate 1)
  • The gate in DF Malherbe Drive (Gate 5)
  • The gate in Wynand Mouton Drive (Gate 3) 
  • The gate in Furstenburg Street (Gate 4)
  • The gate in Badenhorst Street (Gate 2)

Here is some useful information about the access control system:

1. Remember your access card when you enter the campus

Dual-function cards (with distance reader compatibility) will make your movement through the gates more convenient. The university’s access system works automatically with remote or swipe action. Please make sure that you drive close to the reader or, better still, get the dual-frequency card to manage the distance between your vehicle and the remote card reader.

As of 23 March 2015, the extra security staff, who have been assisting at the gates since the implementation of access control on the Bloemfontein Campus, are no longer manning the card readers at the gates. Therefore, persons without cards will be able to enter the campus only at the one gate in DF Malherbe Drive where the Visitors Centre is situated. They will be referred to the Visitors Centre, where a day visitor’s card will be issued to them. You will need to produce a formal identification document (e.g. ID book, driver's licence).

Security will continue their normal duties at the guardhouses for the various gates on the campus.

2. Where do I get an access card?

You can apply at the university’s Visitors Centre front desk by producing your positive identification (ID book/passport/driver’s licence) and proof of payment for your access card.

You will then be directed to the Thakaneng Bridge where you will be able to collect your access card.

  • Go to the Cashier on the Thakaneng Bridge and pay your R65 for the dual-frequency card
  • Take your receipt, together with your existing card (if you have one), to the Card Division on the Thakaneng Bridge (next to Mellins Optometrists)
  • A new photo will be taken of you at the Card Office for your new card. Your new card will then be issued immediately.

Currently, there is a sufficient stock of the dual-frequency cards available at the Card Division on the Thakaneng Bridge.
 
Alternatively, you can apply online for your access card: http://apps.ufs.ac.za/cardapplication/application.aspx

Make sure you have the following documents ready to attach when completing the online form:

  • Copy of positive identification: ID/Driver's Licence/Passport
  • Signed declaration (http://supportservices.ufs.ac.za/dl/Userfiles/Documents/00007/4668_eng.pdf) by your service provider/employer (if you are a service provider) or a letter of confirmation from your spouse/partner/relative/coach/relevant UFS staff member or student in cases where you have to visit, pick-up or drop off your spouse/partner/relative frequently on the UFS Bloemfontein Campus.

Cost: R65 for a long-term card and free of charge for short-term visits and conference delegates. Pay at the Cashier on the Thakaneng Bridge or at Absa Bank, Account Number: 1 570 8500 71, Ref: 1 413 07670 0198.

3. Cutoff Date: 7 April 2015

After 7 April 2015, no pedestrian or motorist will be able to enter the campus without a valid access card. Persons without access cards will have to enter the campus at the gate in DF Malherbe Drive where the Visitors Centre is situated. You will then be referred to the Visitors Centre where you will have to apply for a day visitor’s card. It is important to note that no one will be able to enter the campus at the Visitors Centre without a formal identification document (e.g. ID book, driver's licence).

4. Dual-frequency card simplifies access to the campus

It is important to have your card ready on entering the campus.

This card will simplify access to the campus considerably, as the card reader will read the card when it is held in a vertical position at the driver’s side window in the direction of the distance reader. Please do not place the card on the dashboard. There is an antenna wire in the card. If the card is placed on the dashboard, you are not exposing the card surface to the reader, and that might influence the antenna’s response to the reader.

Remember, the distance between the reader and the boom is only a few metres.  If you approach the reader at a ’high’ speed, you are not allowing the system to identify your card, match it to the entry in the database, check if you are ‘legal’, and then send a signal to open the boom. 

All five gates are equipped with distance readers. Within the next three weeks, two extra distance readers will also be installed at the Main Gate in Nelson Mandela Drive.
 
Please note that the dual-frequency card is needed only when you enter the campus with a vehicle and you want to activate the distance reader. All the older cards will continue to work at the tag readers. 

5. Use alternative gates

At times, some of the gates carry more traffic than others, especially with the peak morning and afternoon traffic. Gates with less traffic include:

  • The gate in Badenhorst Street
  • The gate in DF Malherbe Drive
  • The gate in Nelson Mandela Drive

You are welcome to make use of one of these alternative gates.

6. Pedestrians

No pedestrian will be able to enter the Bloemfontein Campus without a valid access card. If you have left your card at home or have lost it, you should enter the campus at the gate in DF Malherbe Drive where the Visitors Centre is situated. You will be referred to the Visitors Centre where you can apply for a day visitor’s card. You will still need to produce a formal identification document (e.g. ID book, driver's licence).

7. More information

Email: visitorscentre@ufs.ac.za
Visitors Centre front desk: Tel: +27 51 401 7766 (Mondays-Fridays 07:45-16:30)
Card Division: Tel: +27 51 401 2799 (Mondays-Fridays 07:45-16:30)
Protection Services duty room: +27 51 401 2634 (24 hours)

 

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