African Journal of Sexuality and Gender Studies | 15 June 2011
Gender Sensitivity in Cape Town Magistrate Courts: A Qualitative Study on Judicial Implementation in South Africa's Legal Framework
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Abstract
Gender-sensitive judiciary is a critical component of South Africa's legal framework aimed at addressing gender-based violence and promoting equality. Qualitative data was collected through semi-structured interviews with judges, court staff, and litigants, supplemented by document analysis of judicial decisions and policies. The implementation of gender-sensitive frameworks varies significantly across courts, with some showing a noticeable increase in the proportion of cases involving domestic violence from 20% to 45% over two years. Despite initial resistance, judges have shown willingness to adopt more inclusive practices, though systemic barriers persist. Legislative reforms and training programmes are recommended to enhance gender sensitivity across the judiciary.