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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 extends footprint abroad

2015-12-14

In its constant pursuit of research excellence, the UFS has this year performed well in mainly two areas.

Apart from the research done by the UFS on national level, e.g. the involvement of its researchers with the SKA telescope, the pioneering work they do with the satellite tracking of giraffes, as well as research on trauma, forgiveness and reconciliation – to name but a few of the research areas, the university also has a research focus abroad.

Japan, Europe, America and Botswana. These are just some of the places where academics from the university are involved in research abroad.

Japan

Dr Dirk Opperman, Senior Lecturer at the Department of Microbial, Biochemical and Food Biotechnology, and Carmien Tolmie, a PhD student in the same department, visited the Okinawa Institute of Science and Technology in Onna, Japan, during November and December 2014. During the visit, experiments were performed in the Microbiology and Biochemistry of Secondary Metabolite Unit of Dr Holger Jenke-Kodama.

This formed part of a larger NRF-funded project on carcinogenic toxins produced in certain Aspergillus fungi. These fungi infect food and feedstuff and are a big concern in developing countries because it may lead to severe economic losses. The research ultimately aims to find inhibitors to block the production of these fungal toxins.

Europe and America

In 2012, an international network was established in the frame of the FP7-PEOPLE-2011-IRSES programme, called hERG-related risk assessment of botanicals (hERGscreen). The South African group included Dr Susan Bonnet and Dr Anke Wilhelm, both from the UFS Department of Chemistry.

Extracts from more than 450 South African plant species have been investigated systematically to assess the potential cardiotoxic risk of commonly consumed botanicals and supplements. The idea of the project, funded by the European Commission, is to identify safety liabilities of botanicals.

Other international partners included the University of Innsbruck, National and Kapodistrian University of Athens, Biomedical Research Foundation of the Academy of Athens, University of Basel, University of Vienna, University of Florida, Universidade Federal do Rio Grande do Sul, Universidade Federal de Santa Catarina.

Botswana

A memorandum of understanding was signed between the UFS and Botho University in Botswana in September 2015, which will be valid for three years.

The agreement, includes student and staff exchange programmes, collaborative research, teaching and learning and community engagement activities, sharing of results, and PhD/ MPhil guidance.

Young researchers

Another research focus of the UFS is the development of its young researchers. In 2015, the UFS has delivered 13 Y-rated researchers. Ten of the researchers are from the Faculty of Natural and Agricultural Sciences and three from the Faculty of the Humanities. Three of them received an Y1 rating from the NRF.

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