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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

UFS trains Kovsies to become great in world terms – Prof Jonathan Jansen
2016-01-19

Description: First-year welcoming 2016 Tags: First-years, UFS First-years

First-year students from the University of the Free State (UFS) recently attended the welcoming ceremony at the Red Square of the Bloemfontein Campus.
Photo: Johan Roux

The University of the Free State (UFS) does not train Kovsies to become great in Bloemfontein or even South Africa. The UFS trains them to become great in the world.

With these words, Prof Jonathan Jansen welcomed the first-year class of 2016 to the “home of Wayde van Niekerk, Rolene Strauss, and the 2015 Varsity Cup rugby champions”.

Prof Jansen, Vice-Chancellor and Rector of the UFS, welcomed the newcomers to the start of the “best time of their lives” on 15 January 2016 at the Red Square of the Bloemfontein Campus. First-years and their parents attended the annual welcoming ceremony.

Prof Jansen congratulated the students on choosing the UFS, and on being part of the elite group that was selected to study at the university.

The UFS received 25 142 applications from newcomers, he said, although there are only about 8 000 places. In 2015, there were roughly 17 500 applications.

He said it was also the most diverse group of applications the UFS had ever received.

Access to education

According to Prof Jansen, the UFS is committed to helping poor students gain access to education, no matter what their background or the colour of their skin.

Lindokuhle Ntuli, the UFS Student Representative Council (SRC) President, said higher education should be more accessible. He said South Africa has allowed education to become commercialised.

“The sooner we as a country realise education isn’t an expense, but rather an investment, the better,” he said.

UFS campaigns

Prof Jansen thanked the UFS SRC for the Right to Learn (R2L) campaign. Launched by the SRC on 30 October 2015, this campaign has already raised R1.2 million to help academically-deserving underprivileged students to study.

“I have launched a campaign myself to raise R100 million between now and September. About 50% of my time will go into this,” Prof Jansen said.

“I will work tirelessly with Lindokuhle and the SRC to raise money.”

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