In South Africa, recent changes to domestic violence (DV) laws in 2025 include strengthened privacy protections for victims and new provisions for mandatory reporting of suspected DV cases involving vulnerable individuals. The amendments focus on victim safety, confidentiality, and streamlining access to protective measures.
Key Changes:
Enhanced Privacy:
The Domestic Violence Regulations (2022) were amended to include a new form (Form 6A) where a complainant's personal details are recorded separately, preventing the respondent from accessing this information. This ensures that personal details are not shared with the alleged abuser.
Mandatory Reporting:
New provisions require individuals, such as medical professionals, social workers, and teachers, to report suspected domestic violence cases against children, people with disabilities, or older persons.
Online Applications:
Victims can now apply for protection orders electronically, removing the need to physically appear in court.
Expanded Definitions:
The definition of domestic violence has been expanded to include spiritual abuse, elder abuse, and coercive and controlling behavior.
Safety Monitoring Notices:
Victims sharing a residence with the abuser may receive safety monitoring notices.
Background:
The changes are part of South Africa's ongoing efforts to combat gender-based violence (GBV).
These amendments aim to address practical challenges and gaps in the existing Domestic Violence Act, 1998.
The amendments are a result of recommendations from the National Strategic Plan on Gender-Based Violence and Femicide (NSP on GBVF
Online Application for a Protection Order – Section 4(5)
A welcome addition in the New Act is the suggested introduction of secure online submissions of applications for protection orders and an integrated electronic repository. This addition is helpful in that it lines up with the standard technological push to digitised systems. More significantly, having said that, it enables sufferers of domestic violence to apply for protection orders from another location, which is particularly important where, for instance, the mobility of victims is restricted by their abuser, or where victims are otherwise restricted from departing a residence shared with the abuser. It would have been wise for the New Act to give consideration to providing a recommended leave period to be granted to a complainant in Domestic Violence proceedings, as is the case in other places in the world. This would lessen the burden of humiliation carried by the applicant, particularly where noticeable injuries are noted in the application.