Navigating Acquittals in Gender-Based Violence Cases in South Africa: Strategies for Strengthening Legal Outcomes and Supporting Survivors

The purpose of this study was to examine the legal and procedural challenges surrounding acquittals in cases of gender-based violence (GBV) in South Africa, with a focus on strategies to strengthen legal outcomes and support survivors. Although South Africa has made significant strides in developing a robust legal framework to combat GBV, the high rate of acquittals in these cases raises concerns about the effectiveness of the justice system. This study examined whether existing legal mechanisms adequately protect survivors and hold perpetrators accountable or if gaps in evidence collection, prosecutorial approaches, and judicial interpretation contribute to case dismissals. With legislative provisions, court rulings, and procedural shortcomings, this paper assessed whether the current legal framework aligns with constitutional principles of justice, equality, and protection from harm. Additionally, the study evaluated the role of law enforcement, prosecutorial strategies, and survivor support systems in improving conviction rates and ensuring access to justice. It further investigated the impact of acquittals on survivors’ well-being, societal perceptions of justice, and broader efforts to combat GBV. This study aims to provide recommendations for legal reforms, enhanced prosecutorial strategies, and victim-centred approaches that strengthen legal outcomes and reduce barriers to justice. It is hoped that the insights collected in this study will contribute to the ongoing discourse on improving accountability, survivor protection, and overall effectiveness of the legal system in addressing gender-based violence in South Africa.