Vol. 2011 No. 1 (2011)

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Gender Sensitivity in Cape Town Magistrate Courts: A Qualitative Study on Judicial Implementation in South Africa's Legal Framework

Zanele Motshega, Vaal University of Technology (VUT) Nomathemba Nyoni, Vaal University of Technology (VUT) Dr Mary Thomas, Vaal University of Technology (VUT) Nontoka Ngwenya, SA Medical Research Council (SAMRC)
DOI: 10.5281/zenodo.18935165
Published: July 24, 2011

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.

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Zanele Motshega, Nomathemba Nyoni, Dr Mary Thomas, Nontoka Ngwenya (2011). Gender Sensitivity in Cape Town Magistrate Courts: A Qualitative Study on Judicial Implementation in South Africa's Legal Framework. African Journal of Sexuality and Gender Studies, Vol. 2011 No. 1 (2011). https://doi.org/10.5281/zenodo.18935165

Keywords

Cape TownGender-Based ViolenceLegal PluralismFeminist JurisprudenceIntersectionalityEmpirical ResearchQualitative Analysis

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Vol. 2011 No. 1 (2011)
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African Journal of Sexuality and Gender Studies

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