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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

Guest lecture: Mr Pretorius, CEO of McCarthy Limited

2004-11-05

The challenges facing business leaders in a rapidly changing South Africa

“The world we used to know does not exist anymore. Leaders are continually dealing with crisis and opportunities, in a high-pressure environment,” said Mr Brand Pretorius, honorary professor from the University of the Free State , delivering his 13th guest lecture on the challenges facing business leaders in a rapidly changing South Africa .

Mr Pretorius, CEO of McCarthy Limited, identified certain trends which are responsible for changes to the South African business environment. He said the South African business environment is ever-changing, fast moving, complex and unpredictable. “As business people we have to deal with the impact,” he said.

“Years ago we were globally isolated. Now we live in a shrinking borderless world with crumbling trade barriers. Globilisation of our economy is accelerating. For South African business leaders this creates a sea of export opportunities,” he said.

Although there are ongoing demands for substantial profit growth from shareholders, the days of focussing only on their interests are gone, said Mr Pretorius. Stakeholder commitment now enjoys high priority and business leaders have to deal with the challenges accompanying black economic empowerment and employment equity.

Customers are also well-informed and demanding. Business leaders could easily loose the loyalty of their customers because of a hyper-competitive environment with an oversupply of goods and services.

Mr Pretorius stated that staff want to be involved and are looking for meaning in their workplace. Employers also have to deal with HIV/Aids in their workplaces. Trauma, absenteeism and financial implications could have a great effect on the viability of a business.

Against these changes Mr Pretorius pointed out the challenges business leaders are facing. In doing so a number of questions arise. The external business climate is characterised by turbulence and change. Internally there is a need for stability and meaning. How do we handle both challenges effectively?

Because of changes strategy decay is taking place and past strategies become irrelevant. Mr Pretorius said that business leaders need to modify their business models to prevent the downfall of their companies.

It is important for leaders to know what is happening in their world. “Continuous innovation is a critical success factor. The reality is that innovation is the only insurance against irrelevance,” he said.

Because of a changed environment leaders must perform and transform, simultaneously. How do we strike a balance between focused transformation and the achievement of world class performance, asked Mr Pretorius? “We need to bring about meaningful and sustainable empowerment, in order to create an inclusive economy and society. Leadership and management profiles should reflect the diversity of our teams, however at the same time every effort should be made to stop the brain drain and retain the expertise of experienced white managers.”

He also stated that leaders have an important role to play in terms of employment creation and corporate caring. “Sustainable stability and prosperity will not materialise without efforts in this regard.”

Mr Pretorius said that above challenges could be addressed by developing the ability to focus on creating a better future, rather than defending the past, a long-term vision, facing new realities, enhancing the value of brands and mobilising IT and the Internet to serve the business and customers better.

Retaining a positive vision of the future, embracing change and transformation, building your business according to the right principles and values and aspiring to be the best are some of the guidelines, according to Mr Brand, for future business success. He stated that creating a value advantage above one’s competitors, customer satisfaction and retention and inspirational leadership will add to the success of one’s business.

“We are indeed living in the era of the ultimate challenges, but also the ultimate opportunities. Let me clearly state that I have hope – in my view the tide has turned. Every day I experience small miracles inspired by ordinary people making an extraordinary difference,” said Mr Pretorius.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
5 November 2004

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