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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 announces the closure of Reitz Residence and the establishment of an institute for diversity

2008-05-27

Statement by Prof. Teuns Verschoor, Acting Rector of the UFS

The Executive Management of the University of the Free State (UFS) today announced a unanimous decision to close the Reitz Residence, effective at the end of the current university semester, and establish an institute for diversity on the same premises.

Four students from the Reitz Residence were responsible for making the now infamous Reitz video, depicting four female colleagues from the University and a worker of Prestige Cleaning Services who were lured into participating in a mock initiation ceremony during which they were humiliated and demeaned.

University management repeated its strong condemnation of the video, made in apparent protest against the University’s integration policy implemented at 21 residences accommodating some 3 400 students on the Main Campus in Bloemfontein.

The Reitz video reopened racial wounds, and is deeply regretted. It was an isolated manifestation of resistance to the impact of ongoing transformation initiatives at the University. The video and other acts of public violence and vandalism on the campus have undermined the efforts of the University to foster diversity in student and staff life and create an inclusive institutional culture on the campus.

The actions of a relatively small group of students also inflicted severe damage on the University’s reputation and standing in the local and international academic community. The UFS management had therefore decided that closure of the Reitz Residence was an unavoidable strategic imperative and an important gesture of reconciliation towards all South Africans who had been offended.

The University has apologised unreservedly for the video. Two of the students who were still residents in Reitz were barred from the campus and subsequently terminated their studies at the UFS, while the other two students had already completed their studies last year.

In an endeavour to make restitution and to offer a lasting contribution to transformation, both at the UFS and in the country as a whole, the UFS has committed itself to establishing an institute for diversity on the premises of the former Reitz Residence.

Reitz will therefore be closed as a residence from 20 June 2008. The UFS has appointed a fully representative special committee to assist current Reitz residents in finding alternative accommodation.

The Institute for Diversity is envisaged as a centre of academic excellence for studying transformation and diversity in society – a living laboratory for combating discrimination and enabling and enhancing reconciliation in societies grappling with the issues of racism, sexism and xenophobia.

The declaration of Higher Education South Africa (HESA) published on 28 March 2008 highlighted that racism, intolerance and discrimination are societal phenomena present on many campuses. However, these issues are not restricted to institutions of higher learning, and are symptomatic of a broader social malaise.

In responding to the challenge faced by the University regarding its own transformation issues, as well as those faced by the country, the UFS will study the anti-transformational impulses on the campus as a microcosm of much broader socio-political challenges. The University will transform itself over time into a beacon of hope, combating racism and other forms of discrimination in South Africa and elsewhere in the world.

The Institute for Diversity will add impetus to the University’s existing transformation programme. Six strategic clusters, including a transformation cluster, were created in 2007 as part of the University’s long-term strategic planning.

The University has already provided seed capital of R1 million to design and establish the Institute. Planning will take place during 2008/09, with the Institute being formally opened in the 2010 academic year. An international fund-raising drive to raise an initial target of R50 million will be launched shortly.

Note to editors: The Reitz video was apparently made late last year, but only entered the public domain on 26 February 2008.

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za
27 May 2008

UFS e phatlalatsa ho kwalwa ha hostele ya Reitz le ho thehwa ha Institute for Diversity

Phatlalatso ka Prof. Teuns Verschoor, Morektoro ya tshwereng mokobobo wa UFS

Kajeno bolaodi ba Yunivesithi ya Freistata (UFS) bo phatlaladitse qeto e ananetsweng ke bohle ya ho kwalwa ha hostele ya Reitz mafelong a sehla sena sa pele sa dithuto (semester), le ho thehwa ha Institute for Diversity meahong eo ya Reitz.

Baithuti ba bane ba hostele ya Reitz ba ile ba eba le seabo kgatisong ya video e mpe moo basebetsi ba bane ba bomme ba yunivesithi le mosebetsi wa khamphane ya Prestige Cleaning Services ba ileng ba hohelwa ho ba le seabo mme ba tlontlollwa le ho nyenyefatswa hampe.

Bolaodi ba yunivesithi bo boetse ba nyatsa ka mantswe a bohale video eo e ileng ya hatiswa ka maikemisetso a ho ipelaetsa kgahlanong le leano la diphethoho dihosteleng tse 21 tsa yunivesithi Bloemfontein tseo e leng bodulo ho bathuti ba ka bang 3400.

Morektoro ya tshwereng mokobobo wa UFS, Prof. Teuns Verschoor, o boletse hore video eo ya Reitz e boetse e butse maqeba a semorabe mme e seollwa ka matla. O re e ne e le ketsahalo e ikgethileng ya boipelaetso kgahlanong le diteko tse tswelang pele tsa ho tlisa diphethoho yunivesithing. O re video eo le diketsahalo tse ding tsa merusu le tshenyo ya thepa khamphaseng di setisitse diteko tsa yunivesithi tsa ho tlisa poelano hara baithuti le basebetsi, le ho theha moetlo o akaretsang ka hare ho yunivesithi.

O tswetse pele ka hore diketso tseo tsa sehlotshwana sa baithuti di boetse tsa senya yunivesithi serithi le lebitso mona hae le dinaheng tse ding. Kahoo bolaodi ba UFS bo nkile qeto yah ore ho kwalwa ha hostele ya Reitz ke ntho o kekeng ya qojwa mme e boetse ke mohato wa bohlokwa wa poelano ho ma-Afrika Borwa ohle a anngweng ke taba ena.

Yunivesithi e kopile tshwarelo mabapi le video ena. Ba babedi ba baithuti ba amehang kgatisong ya video eo, ba neng ba ntse ba dula hosteleng ya Reitz, ba ile ba thibelwa ho kena khamphaseng mme yaba ba tlohela dithuto tsa bona, ha ba bang ba babedi bona ba ne ba se ba phethetse dithuto tsa bona selemong se fetileng.

Prof. Verschoor o boletse hore ho leka ho kgutlisetsa maemo setlwaeding le ho tshehetsa leano la diphethoho UFS le naheng ka bophara, UFS e ikanne ho theha Institute for Diversity hona meahong eo ya Reitz.

Kahoo hostele ya Reitz e tla kwalwa ho tloha ka la 20 Phupjane 2008. UFS e thontse komiti e ikgethang e akaretsang bohle ho thusa baithuti ba dulang hosteleng ena hajwale ho fumana bodulo bo bong.

Institute for Diversity e tla ba setsha se kgabane sa dithuto tsa diphethoho le poelano setjhabeng – setsha se tla lwantshana le kgethollo mme se kgothalletse le ho matlafatsa poelano hara batho ba tobaneng le mathata a kgethollo ya mmala, ya bong le lehloyo la melata.

Tokomane ya Higher Education South Africa (HESA) e phatlaladitsweng ka la 28 Hlakubele 2008, e pepesa dintlha tse amanang le kgethollo ya mmala, tlhokeho ya mamellano le kgethollo ka kakaretso e le dintho tse teng dikhamphaseng tse ngata. Dintlha tsena ha di teng feela ditsheng tsa thuto e phahameng, empa le setjhabeng ka kakaretso.

Prof. Vershoor o boletse hore UFS e tla lekola dikgato tse kgahlanong le diphethoho ka hare ho khamphase jwaloka karolo ya diphepetso tse nammeng hara setjhaba ka kakaretso. O re yunivesithi e tla fetoha ha nako e ntse e tsamaya ho ba mohlala o motle wa tshepo, twantsho ya kgethollo ya mmala le mekgwa e meng ya kgethollo Afrika Borwa le lefatsheng ka bophara.

Institute for Diversity e tla thusa ho matlafatsa lenaneo la jwale la diphethoho la yunivesithi. Ho thehilwe di Strategic Clusters tse tsheletseng selemong se fetileng, tse kenyeletsang Transformation Cluster, jwaloka karolo ya merero ya UFS.

Yunivesithi e se e nyehelane ka tjhelete e kana ka diranta tse milione ho rala le ho theha institute ena. Ho rerwa ha yona ho tla etswa ka 2008/09, mme institute ena e tla bulwa semmuso selemong sa dithuto sa 2010. Haufinyana ho tla thakgolwa letsholo la matjhaba la ho bokeletsa tjhelete e kana ka diranta tse dimilione tse mashome a mahlano.

Tlhokomediso ho bahlophisi ba ditaba: Video ya Reitza e hatisitswe selemong se fetileng mme ya hlahella pepeneng ka la 26 Hlakola 2008.

Phatlalatso ya boraditaba
E entswe ke: Lacea Loader
Motlatsa molaodi: Dikgokahano
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za
27 Motsheanong 2008

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