The failure to win the war against femicide in South Africa is a result of the criminal justice system’s failures, according to activists who say that femicide investigations are increasingly failing to identify who is killing women.
The South African Medical Research Council (SAMRC) reported that investigations failed to identify suspects in nearly half of women murder cases, during its briefing to the portfolio committee on social development on Thursday.
The 2020/2021 research study findings were that the percentage of femicide cases in which investigations failed to identify the killer increased to 44%, up from 30% in 2017.
This comes days after the Human Sciences Research Council (HSRC) release of the first South African National Gender-Based Violence study on the prevalence of femicide.
Brenda Madumise-Pajibo, director of Wise4Afrika, a feminist organisation, said the figure continued to reflect the deepening crisis of gender-based violence (GBV) in the country.
“Femicide studies tie in closely with the extensive study by the HSRC. One of the critical takeaways from this is that we, as a country, have normalised violence,” she said.
“It often starts with smaller acts of violence, escalates and can tragically end in murder. The reality is that our women are being killed and this normalisation is a significant factor contributing to these high numbers.”
According to the HSRC findings, in cases where perpetrators were identified between 2009 and 2020/2021, intimate partners were the most common offenders.
The research also reveals that three women are killed per day by an intimate partner. This as one in four women reported experience of physical and sexual abuse.
The increasing difficulty in identifying those responsible for the killings was a reflection of multiple factors, including underreporting, a lack of thorough investigations and limited police resources.
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Madumise-Pajibo said the failure highlighted a wider societal issue in which violence against women was not treated with the seriousness it deserved.
“This failure is compounded by outdated systems and inefficiencies, such as backlogs in DNA testing for rape cases and other violent crimes. These issues have devastating consequences because modern forensic tools and technology could help solve cases faster, apprehend perpetrators, and bring closure to victims’ families,” MadumisePajibo said.
She argued that the systems were not properly resourced or prioritised and perpetrators were left free to roam the streets.
“If someone knows they’ve committed a crime, especially a violent one like murder and they haven’t been apprehended, they are likely to do it again. The lack of consequences creates a cycle of violence – one where perpetrators know they can get away with it.
“This leads to a system that is failing women. It is directly contributing to more intimate partner violence which, in many cases, escalates to femicide.”
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GBV support group Kwanele operations manager Ronel Koekemoer said the findings highlighted not a failure of legislation but a failure in accountability.
“We aren’t seeing the necessary accountability from police, the justice system, or key role players. The increase in femicide cases where perpetrators are not identified points to systemic failures in the justice system, compounded by societal norms that normalise violence against women,” Koekemoer said.
“Historical neglect by police and the under-resourcing of domestic violence investigations are significant factors. The 1998 Domestic Violence Act placed obligations on police to respond effectively, yet mechanisms for accountability have been weak and inconsistent over time.”
Koekemper said specialised training for law enforcement on gender-based violence was essential to address the situation.
“This would go a long way, alongside stronger oversight mechanisms, to enforce accountability. Police must also develop deeper collaborations with NGOs and community groups to improve evidence collection and survivor support.”
She added that this was not just a legal problem. “It’s also about how we, as communities, neighbours and loved ones respond to people in violent relationships.”
ALSO READ: Who’s killing SA women? Investigations fail to identify suspects in nearly half of femicide cases
Additional reporting by Vhahangwele Nemakonde.
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