From our staff to our board, our Champions and our donor partners, we are passionate about ensuring that GBV victims have meaningful access to justice.
Our Team
LvA Staff
Joined LvA in July 2022. She holds a National Diploma in Early Childhood Development, a certificate in Business Administration and is a certified accredited facilitator.
Joined LvA in May 2024. She holds a National Diploma in Accounting from the University of Johannesburg (Formerly known as Wits Technikon).
Joined LvA in March 2022. She holds a National Diploma in Public Relations, a National Diploma in Paralegal Studies, a Higher Certificate in Management, and a BA in Social Sciences in Community Development. She brings over two decades of experience in legal services, donor relationships, community outreach, and partnership, and has worked with a number of NGOs in the social justice space.
Gugulethu is a Clinical Art Therapist registered with the Health Professions Council of South Africa (HPCSA).
Joined LvA in January 2016. She holds a Bachelors in Development Studies from the University of Limpopo.
Joined LvA in September 2025. She holds LLB degree from Monash University, she is passionate about serving marginalized communities.
Joined LvA in February 2022. She holds an LLB degree from the University of South Africa.
Joined LvA in November 2021. She holds a Bachelors in Social Work from the University of Fort Hare and is a registered social worker.
Joined LvA in January 2016. She holds a Bachelors in Social Work from the University of South Africa.
Joined LvA in October 2020. She holds a Certificate in Auxiliary Social Work from Khanya College and is a registered Auxiliary Social Worker.
Joined LvA in March 2022. She completed LvA’s GBV workshop series and was a member of the Community Action Group in 2018.
Board of Directors
Joined LvA’s Board in May 2024. She has over 20 years’ experience as a senior insurance executive including her current role as the Chief Operating Officer at Old Mutual iWYZE.
Joined LvA’s Board in 2020. Thandekile is a serial entrepreneur who actively participates in mining, chemical and manufacturing investments in South Africa.
Joined LvA’s board in 2021. Phindi is an accountant at the Centre for Applied Legal Studies and brings an expansive set of skills in the fields of finance and accounting, business administration, leadership, as well as legal studies to the LvA Board.
Is a founding board member of LvA. Claire has worked in the marketing and advertising industries for the past 19 years. She has worked at Ogilvy Johannesburg, Tiger Brands, SABMiller and is currently a freelance marketing and business strategy consultant.
Joined LvA’s Board in 2016. Robin is a member of Advocates Group 621, where he conducts a private and public law practice, advising and litigating in fields which include general commercial, competition, administrative and constitutional law.
Joined LvA’s board in 2021. Nthabiseng brings extensive experience in the field of GBV as a sexual offences prosecutor for 17 years and a domestic violence court magistrate.
Joined LvA’s Board in 2018. She hold an LLB degree from Rhodes University. She also holds an LLM degree from the University of Notre Dame. She served articles with Attorneys Bowmans before joining the Constitutional Court as a researcher to Justice Johan Froneman.
Joined LvA’s Board in 2019. Myhurie is an attorney of the High Court of South Africa with over thirteen years of banking and finance experience.
Joined LvA’s Board in June 2024 and has extensive experience combatting gender-based violence and advocating for gender-justice throughout her career.
Justice Edwin Cameron
South African Constitutional Court
Justice Mandisa Maya
South African Supreme Court of Appeals
Professor Michael Katz
Chairman of ENSafrica
Dr. Garth Japhet
CEO of Heartlines and Soul City Institute
Donors
A special thank you to LvA’s supporters from Executive Director, Lindsay Henson
Hello and Happy New Year to all of our supporters;
It has been said, that in hard times, we should look for the doers – those who inspire us to press on in the midst of challenges times. For LvA, it’s:
- the leaders in our community that confronted these challenges head on,
- our partners who stepped up their commitments to ensure we were able to continue our work when it was needed most,
- and our own staff who worked tirelessly to provide critical services to victims of gender-based violence throughout the year.
With your support, we were able to assist 268 victims in 2020.
This includes:
- providing direct legal services to over 200 clients
- facilitating over 800 therapy and counselling sessions
- reaching over 16,000 community members throughout outreach and educational workshops
As we look ahead to 2021, we are excited to share that we’ve just opened our second LvA Centre in the community of Orange Farm and are looking forward to serving that community in addition to continuing our work in Diepsloot.
We look forward to your continued support this year as we pursue our mission to strengthen the justice system’s response to gender-based violence so that the system works for all victims of violence.
Andiswa’s story
Andiswa’s story began in early 2019 when she was just seven years old.
Statistics reveal that South Africa has some of the highest cases of GBV in the world, including high prevalence rates of violence against children. Most often, the perpetrators are known to the victims. In the case of Andiswa*, her story began in early 2019 when she was just seven years old. She and a friend were walking home from the public swimming pool when a man known to their family asked them to come over to him. Andiswa recalls that they refused, and that he ran after them into a secluded area where he raped both girls. The children immediately told their families of what happened to them and they reported it to the local police. The perpetrator was arrested shortly thereafter and Andiswa was referred to LvA by the Court Preparation Officer with whom LvA has a strong relationship.
During the initial consultation, Andiswa’s mother was resolute in her determination that the perpetrator be held to account for his actions and that LvA provide her daughter with every type of support available to help her cope with and recover from the trauma endured. LvA knows that this determination and caregiver support are crucial elements in every client’s long journey to justice and recovery.
Over the next two years, LvA’s legal and psychosocial teams worked closely together to provide Andiswa with comprehensive support. Andiswa began receiving individual therapy from LvA’s therapist in 2019 and, in early 2021, also began participating in a group therapy process with other children her age who had also experienced some form of sexual violence.
During her individual therapy sessions, Andiswa shared that she faced several challenges at home which increased her overall vulnerability, such as her mother’s chronic medical condition which resulted in Andiswa often having to care for herself from a young age. As a result, she struggled to express her needs at first because she had become accustomed to being self-reliant. In response, one of the therapy goals was to strengthen her ability to trust that other people would provide the support she needed. Over time, LvA witnessed a positive shift in Andiswa’s ability to trust others for support. For example, Andiswa felt comfortable to share that she and her mother were struggling to adhere to their medical treatment due to ongoing financial and food insecurity. LvA was able to work with health practitioners from a local clinic and social workers from the Department of Social Development to provide Andiswa and her mother with the necessary assistance. Through this process, Andiswa saw that her needs could be met and that she deserves to be safe.
At the same time, LvA’s legal team provided comprehensive support to Andiswa and her family in the criminal case against the perpetrator. Throughout the investigation and pre-trial stage, LvA’s legal officer liaised with the investigating officer and prosecutor assigned to the case and updated Andiswa’s mother on its progress. The trial was scheduled to begin in early 2020 when South Africa was hit with the global COVID-19 pandemic, resulting in ongoing postponements of most criminal cases for the remainder of the year. Despite these postponements, Andiswa and her mother’s commitment to pursuing justice remained strong, largely attributed to their consistency in accessing psychosocial support from LvA.
In late 2020, Andiswa’s case was transferred to another Sexual Offences prosecutor. This required her to complete a second pre-trial consultation with the new male prosecutor. Andiswa remained her energetic and outspoken self during the consultation and even shared her apprehensions with the prosecutor about testifying.
The day finally arrived for Andiswa to testify.
In March 2021, the day finally arrived for Andiswa to testify. While there was some nervousness, she was mentally and emotionally prepared thanks to the tools provided by LvA over the two-year period, and her recognition of court officials with whom she had engaged previously. Her testimony exceeded everyone’s expectations. She was able to articulate her story clearly and respond to the questions from the defence attorney without wavering. After completing her testimony, Andiswa confidently pointed out the man who had raped her and her friend two years ago. She later shared how seeing the perpetrator on the monitor had scared her, but she remembered that she was safe and that he could not get to her. The criminal trial is still proceeding.
LvA celebrates the strength, courage, and resilience that Andiswa has demonstrated over the last two years in her dual pursuits of seeking justice and personal healing. Andiswa was recently awarded with a Certificate of Bravery by the National Prosecuting Authority (NPA) for the completion of her testimony in the criminal case. But perhaps, most importantly, Andiswa shares that she now believes that safety is not a privilege but is a human right which belongs to every child including and especially her.
Archiving Herstory with Rethabile Mosese-Celebrating Nonkuleleko Sibambato!
We are excited to welcome Nonkululeko Sibambato back to LvA! Nkuli worked with LvA in 2017 as a legal intern before completing her articles with MNS attorneys. She is now an admitted legal practitioner and is currently pursuing her Master of Laws (LLM) in Human Rights Law at the University of South Africa.
What do you find compelling about LvA’s work?
The justice system appears to protect the rights of both men and women equally, but in truth it still protects the rights of men disproportionately. It is for this reason that I am eager to work with an organisation that does the work of strengthening the justice system while supporting and protecting women and children.
On 8 October 2021, Acting Judge Tembeka Ngcukaitobi and Judge Nyameko Gqamana handed down judgment in an appeal against a conviction of rape, in the Eastern Cape high court (Coko v S). Lawyers for Human rights, CALS and other civil society organisations describe this judgment as “problematic”…for example, Sheena Swemmer states that “two issues emerge from this problematic judgment. They both centre on South Africa’s prevalence of rape culture and thus rape stereotypes. The first is that a woman must be threatened or forced in order for a rape to be considered as “legitimate”. This is explicitly absent from our laws on sexual offences… the second issue that emerges from this judgment is the idea that if one consents to one type of sexual encounter, then one consents to everything…” What are your thoughts about this ruling?
The judgment was controversial and instigated several debates as to whether foreplay constitutes consent, which we are clear it does not. Whilst the judgment does not explicitly state that kissing and foreplay constitutes consent, it implies that because the complainant consented to the kissing and foreplay, she implicitly consented to penetration, which is problematic and dangerous. This creates the implication that consent to one sexual act means consent to all sexual acts, including penetrative sex. This highlights a statement made by Judith Lewish Herman that “…in practice the standard for what constitutes rape is not set at the level of women’s experience of violation but just above the level of coercion acceptable to men”.
South Africa’s 1996 Constitution declared the new nation to be “a society based on democratic values, social justice and fundamental human rights… with the express mission to ―[i]mprove the quality of life of all citizens and free the potential of each person.” Women have more legislative rights than ever before, but we have seen in our work that the rights women enjoy on paper do not always translate into lived realities. What do you think the law’s role is in changing socio-economic injustice and substantive inequality? Or does it play a role?
The law absolutely plays a role in advancing socio – economic justice and preventing substantive inequality. We have seen the constitutional court make rulings that give effect to socio – economic rights, particularly in the Grootboom and PE Occupiers judgment. We have also seen how the courts have applied the law to protect citizens against substantive inequality. Unfortunately, the courts do not have unrestricted power, their role is limited.
I believe that Afrikan feminism(s) negotiate a space within feminist thought for consideration of race related subjectivities. Its main idea is to show the world that women are of many colours, religions and ethnicities. It challenges the assumption that there is a universal female identity and the centering of upper middle-class white womxn. It is strongly situated in a context of “anti-imperialism in the various forms illustrated and articulated by Third World Feminism(s) drawing on similar influences but centered in local struggle. These struggles include racism, neo-colonialism, cultural imperialism, capitalism, religious fundamentalism as well as dictatorial and or corrupt systems as informed by their regional specificities and local context” (Charter of Feminist Principles for African Feminists 2006:5). How would you describe your feminism?
I would describe my feminism as intersectional. I say this because there are many lens with which I see the word, I am a black, heterosexual, able bodied women and this will impact how I see the world and how I am treated and it requires that I remain mindful that my experience of the world will be completely different to a white woman or a black man. I think intersectional politics and feminism are important because it give people who are on the margins of society who experience often overlapping forms of oppression a voice. Voices of people who exist on the margins of society are often overlooked, which is a huge problem
“Wa thintha abafazi, wa thinth’ imbokodo” (you strike a woman, you strike a rock) -by Kegomoditswe Mophulane
Access to Justice
“Wa thintha abafazi, wa thinth’ imbokodo” (you strike a woman, you strike a rock) was chanted as thousands of brave women of all races marched to the Union Building on 09 August 1956. The march was organized by these women to protest legislation that was promulgated to control black people’s movements in the urban areas. This historical day sparked the resistance and fight against violations of black people’s human rights, particularly women’s rights, and, as a result, it contributed to the freedom of black people.
The enactment of the Bill of Rights later affirmed women’s rights and officially recognized women as equal citizens of South Africa. The right to equality is enshrined in our Constitution under Section 9 which states:
“(1) Everyone is equal before the law and has the right to equal protection and benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
Section 7 of the Bill of Rights echoes the abovementioned provision as it states the following:
- This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
(2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
The Constitution also created a Commission for Gender Equality to ensure that women are not discriminated against. The South African Human Rights Commission was also created to investigate human rights violations including cases where people have been discriminated against. Further, there are several pieces of specific legislation that have been enacted to enforce women’s rights. For instance, “The Choice on Termination of Pregnancy Act” was aimed at providing women with the right to safe and legal termination of pregnancies. The Recognition of Customary Marriages Act was also enacted to provide for the equal status and capacity of spouses in customary marriages.
To combat the high rates of gender-based violence in South Africa, the Domestic Violence Act came into force in 1999 and was purported to afford the victims of domestic violence protection from the domestic abuse and provided a legal remedy in the form of a protection order as a mechanism to enforce women’s rights to live free from violence. To combat the sexual violence suffered mostly by women and children, the Sexual Offences and Related Matters Act, as amended, was aimed at creating and amending existing sexual offences, improving the way the criminal justice system functions, and ensuring that government departments work together to protect complainants from unfair treatment or trauma.
South Africa has seen escalating rates of gender-based violence and femicide for decades. While the exact prevalence rates of gender-based violence cannot be confirmed as most the cases are not reported, one study found that 51% of South African women have experienced violence at the hands of someone they are in a relationship with. The South African government declared femicide a national crisis in 2019 and referred to gender-based violence more broadly as a second pandemic in 2020.
The Domestic Violence courts were specially established to administer protection order applications in terms of the Domestic Violence Act. The assigned magistrate’s duty is to establish whether there is a need for the Complainant (i.e. the victim) to be issued with the protection order against the Respondent. However, the Complainant faces the following challenges when trying to obtain a protection order:
- Complainants must travel long distances to courts specialised to apply for protection orders. For example, women in Orange Farm must travel to Vereeniging Magistrate’s court using two taxis, which costs them R54 roundtrip. Women in Diepsloot must travel to the Randburg Magistrate’s Court, costing R44 in travel fare.
- Women who lack information relating to domestic violence are often unable to articulate the specific types of abuse they have suffered. As a result, they are either denied an interim protection order or are sent back to amend their applications.
- Some members of SAPS will advise domestic violence victims to apply for a protection order in cases of common assault and assault GBH, instead of opening a criminal cases. In other instances, they will incorrectly advise individuals to apply for a protection order in cases of theft or robberies.
- Magistrates grant interim protection orders to Complainants who are deemed to be in danger. It is then the Complainant’s responsibility to take the protection order to the police station in their area so that it can be served on the Respondent before the court appearance. However, there are instances where the police officials are unable to accompany the Complainant to serve the Respondent due to lack of motor vehicles at the police station. In some instances, the Complainant is advised to first visit the Respondent’s residential address and check if they are available so that they can be served, putting the Complainant in danger.
There are also Complainants who are unable to serve the Respondent due to the police inability to locate them. Consequently, the protection order hearing will be postponed until he is able to be served.
- The Domestic Violence Court roll is often long and matters end up being postponed. This long process and lack of resources puts women at even greater risk of being further abused and/or killed.
- Victims of sexual offences are advised to report cases to the nearest police station and they also face the following challenges:
- Secondary victimization
While victims are supposed to be able to give their statement in a private area, they may be required to give their statement in the reception area in the presence of other people unknown to them. During this process, they are requested to give in-depth details of the incident.
- Lack of skilled police officials
Victims of sexual violence often complain about SAPS officials failing to treat them with compassion and empathy, possibly due to a lack of training.
- Rape kits
Once the statement has been taken, they are required to complete a rape kit at a clinic or hospital. In some police stations, victims will be told to visit these medical facilities on their own to get medical assessments and assistance.
Furthermore, there is a lack of rape kits in certain clinics. Consequently, there are instances where a woman has to wait overnight for a rape kit, during this time they would go to the bathroom and unintentionally destroying the DNA evidence. As a result, charges could not be lodged against their perpetrators.
The Sexual Offences Courts were also established to adjudicate cases relating to sexual offences such as rape and sexual assault. The challenges faced in these courts include:
- Lack of state resources
For example, the courts have postponed cases involving minors due to the lack of cameras necessary for them to testify in a separate room.
- Lack of skilled and qualified court personnel
For example, in 2021, a Sexual Offences Court Magistrate that was suspended due to the lenient sentences she awarded to convicted sexual offenders.
- The prolonged court procedures
Trial hearings are often postponed due to the lack of available court rooms, absence of court personnel, absence of the accused, etc.
One would say the South African government has taken ample steps to protect women’s rights, however it has proven to be difficult to enforce them as per the relevant legislation. Due to the abovementioned challenges, the victims of gender-based violence have resorted to withdrawing their cases and abandoning their protection order applications.
In the light of the above, it is difficult to reconcile what the abovementioned acts aim to do with the realities on the ground for women who have experienced gender-based violence. Most importantly, the poor implementation of these laws have enabled the perpetrators to continue violating women’s rights. Despite several attempts by the government to restore and protect women’s dignity, women still do not have faith in the justice system. As Rethabile stated in the past, there is a silent war on Women’s bodies.
Celebrating Strong Women
Through our work, we have the privilege of working with some exceptional women. Women who have overcome extraordinary challenges. Women who have acted boldly to stand up against their abusers. Women who have taken steps, both small and large, to improve their lives and the lives of her children. In honour of International Women’s Day, we would like to take a moment to celebrate two of these extraordinary women.
Kuhle* was referred to LvA for counselling in connection with an ongoing abusive relationship. When she first started meeting with LvA’s social worker, she struggled to express herself during her sessions. However, through these sessions, she became more confident when expressing her feelings and was able to understand and articulate the origins of her trauma. In addition, the client was empowered to leave her abusive partner and thereby, restore a safe environment for herself and her children. By the end of her sessions, the client appeared to be in a positive space and was thriving in her newly secured independence and freedom from her abusive partner.
Sophie* was abused by her boyfriend and would occasionally even have to miss work due to the severity of the abuse. She was referred to LvA for assistance. Sophie began meeting with LvA’s social worker for individual counselling sessions and initially presented feelings of fear, shame and guilt. Through these sessions, LvA’s social worker helped Sophie to understand the nature and impacts of trauma which helped to normalise the reactions and emotions she experienced. This understanding helped Sophie regain a sense of control over her life. Over time, she demonstrated gradual improvements in her mental state including regaining an interest in her work, establishing regular sleeping patterns and implementing healthier coping strategies. At the same time, she decided to stand up against her abuser and secured a protection order against him with the assistance of LvA’s legal team.
Today, we celebrate their courage.
We celebrate their resilience.
We celebrate their strength.
And we are honoured to have played a small part in their story.
*Names changed to protect client confidentiality.
ORANGE FARM GBV IMBIZO
A special thank you to LvA’s supporters from Executive Director, Lindsay Henson
Andiswa’s story
Archiving Herstory with Rethabile Mosese-Celebrating Nonkuleleko Sibambato!
“Wa thintha abafazi, wa thinth’ imbokodo” (you strike a woman, you strike a rock) -by Kegomoditswe Mophulane
