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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 appoints Prof Francis Petersen as Vice-Chancellor and Rector

2016-12-02

Prof Francis Petersen

The Council of the University of the Free State (UFS) is pleased to announce that it has decided to appoint Prof Francis Petersen as Vice-Chancellor and Rector of the UFS.

Announcing the decision to appoint Prof Petersen today (Friday 2 December 2016) during the quarterly Council meeting on the Bloemfontein Campus, the Chairperson of the UFS Council, Judge Ian van der Merwe, said the university was fortunate to be able to appoint a candidate of such good quality to the position.

Prof Petersen, Deputy Vice-Chancellor: Institutional Innovation at the University of Cape Town (UCT), and Prof Lis Lange, Vice-Rector: Academic at the UFS, were in line for the position. The university’s Selection Committee expressed equal preference for both and the two candidates were therefore recommended to Council for the position.

“It has been a truly participatory and transparent selection process, which has assisted in the Council being able to make this decision. The higher-education sector has been through a difficult and challenging time during the past few months and the Council is thankful that a leader like Prof Petersen can head the university in 2017 and beyond,” said Judge Van der Merwe.

In his statement of intent, which was submitted earlier as part of the application for the post, Prof Petersen indicated that it is important to imagine the UFS’s location in South Africa and Africa, to realise the challenges within this context, now and in the future, so as to sharpen the university’s focus to become a more inclusive, academic excellent institution, embedded in a culture of innovation. “Therefore, the ideal of academic excellence must be supported by an institutional framework of diversity and inclusivity. The Academic Project should focus on a unique educational experience for every UFS student, the enhancement of student throughput-rate in academic programmes through dedicated academic support, graduate attributes, and curriculum change and renewal,” he said. He furthermore stated that research and innovation must focus on impact and international visibility. “It is thus not only the increase in research and innovation output, but the quality and impact thereof.”

Prof Petersen was previously the Dean of Engineering and the Built Environment at UCT. He brings to the position of Vice-Chancellor and Rector his extensive experience of management in both the industry and academic sectors. He has been the executive head of strategy at Anglo American Platinum and head of the Department of Chemical Engineering at the Cape Technikon (now Cape Peninsula University of Technology). He is a member of the UCT Council, non-executive director on the Board of Pragma Holdings, non-executive director on the Board of the Unlimited Group, and Chairman of the Board of Trustees of the Seedcap (Venture Capital) Trust. Among others, he previously served as member on the Board of the Council of Scientific and Industrial Research, the National Advisory Council on Innovation, and the Council of the Academy of Science of South Africa.

He graduated from Stellenbosch University with a BEng (Chem Eng), MEng (Metal Eng), and PhD (Eng) degrees and completed a short course on Financial Skills for Executive Management. He is a recipient of the Ernest Oppenheimer Memorial Trust Award for research excellence, and was visiting professor at the Cape Technikon and extraordinary professor in the Department of Chemical Engineering at Stellenbosch University. He is a regular reviewer of journals, and member of a range of editorial boards for international journals.

Prof Petersen is also a registered professional engineer with the Engineering Council of South Africa and a Fellow of both the South African Institute of Mining and Metallurgy, and the South African Academy of Engineers.

Prof Petersen succeeds Prof Jonathan Jansen, who stepped down as Vice-Chancellor and Rector of the UFS on 31 August 2016. An international executive search agency specialising in academic appointments has assisted the UFS Council in its search for top-quality candidates.

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Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

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