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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

Mushrooms, from gourmet food for humans to fodder for animals

2016-12-19

From the UFS Department of Microbial Biochemical and
Food Biotechnology are, from left: Prof Bennie Viljoen,
researcher, MSc student Christie van der Berg,
and PhD student Christopher Rothman
Photo: Anja Aucamp

Mushrooms have so many medicinal applications that humans have a substance in hand to promote long healthy lives. And it is not only humans who benefit from these macrofungi growing mostly in dark spaces.

“The substrate applied for growing the mushrooms can be used as animal fodder. Keeping all the medicinal values intact, these are transferred to feed goats as a supplement to their daily diet,” said Prof Bennie Viljoen, researcher in the Department of Microbial, Biochemical and Food Biotechnology at the UFS.

Curiosity and a humble start
“The entire mushroom project started two years ago as a sideline of curiosity to grow edible gourmet mushrooms for my own consumption. I was also intrigued by a friend who ate these mushrooms in their dried form to support his immune system, claiming he never gets sick. The sideline quickly changed when we discovered the interesting world of mushrooms and postgraduate students became involved.

“Since these humble beginnings we have rapidly expanded with the financial help of the Technology Transfer Office to a small enterprise with zero waste,” said Prof Viljoen. The research group also has many collaborators in the industry with full support from a nutraceutical company, an animal feed company and a mushroom growers’ association.

Prof Viljoen and his team’s mushroom research has various aspects.

Growing the tastiest edible mushrooms possible
“We are growing gourmet mushrooms on agricultural waste under controlled environmental conditions to achieve the tastiest edible mushrooms possible. This group of mushrooms is comprised of the King, Pink, Golden, Grey, Blue and Brown Oysters. Other than the research results we have obtained, this part is mainly governed by the postgraduate students running it as a business with the intention to share in the profit from excess mushrooms because they lack research bursaries. The mushrooms are sold to restaurants and food markets at weekends,” said Prof Viljoen.

Photo: Anja Aucamp

Natural alternative for the treatment of various ailments
“The second entity of research encompasses the growth and application of medicinal mushrooms. Throughout history, mushrooms have been used as a natural alternative for the treatment of various ailments. Nowadays, macrofungi are known to be a source of bioactive compounds of medicinal value. These include prevention or alleviation of heart disease, inhibition of platelet aggregation, reduction of blood glucose levels, reduction of blood cholesterol and the prevention or alleviation of infections caused by bacterial, viral, fungal and parasitic pathogens. All of these properties can be enjoyed by capsulation of liquid concentrates or dried powdered mushrooms, as we recently confirmed by trial efforts which are defined as mushroom nutriceuticals,” he said.

Their research focuses on six different medicinal genera, each with specific medicinal attributes:
1.   Maitake: the most dominant property exhibited by this specific mushroom is the reduction of blood pressure as well as cholesterol. Other medicinal properties include anticancer, antidiabetic and immunomodulating while it may also improve the health of HIV patients.
2.   The Turkey Tail mushroom is known for its activity against various tumours and viruses as well as its antioxidant properties.
3.   Shiitake mushrooms have antioxidant properties and are capable of lowering blood serum cholesterol (BSC). The mushroom produces a water-soluble polysaccharide, lentinan, considered to be responsible for anticancer, antimicrobial and antitumour properties.
4.   The Grey Oyster mushroom has medicinal properties such as anticholesterol, antidiabetic, antimicrobial, antioxidant, antitumour and immunomodulatory properties.
5.   Recently there has been an increased interest in the Lion’s Mane mushroom which contains nerve growth factors (NGF) and may be applied as a possible treatment of Alzheimer’s disease as this compound seems to have the ability to re-grow and rebuild myelin by stimulating neurons.
6.   Reishi mushrooms are considered to be the mushrooms with the most medicinal properties due to their enhancing health effects such as treatment of cancer, as well as increasing longevity, resistance and recovery from diseases.

Description: Mushroom research photo 3 Tags: Mushroom research photo 3

Valuable entity for the agricultural sector
Another research focus is the bio-mushroom application phenome, to break down trees growing as encroaching plants. This research is potentially very valuable for the agricultural sector in the areas where Acacia is an encroaching problem. With this process, waste products are upgraded to a usable state. “It is therefore, possible to convert woody biomass with a low digestibility and limited availability of nutrients into high-quality animal fodder. By carefully selecting the right combination of fungus species to ferment agro-wastes, a whole host of advantages could become inherently part of the substrate. Mushrooms could become a biotechnological tool used to ‘inject’ the substrate that will be fed to animals with nutrition and/or medicine as the need and situation dictates,” said Prof Viljoen.

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