On 20 November 2025, President Cyril Ramaphosa declared gender-based violence and femicide a national disaster in South Africa, a move that was hailed as a historic moment by many women, activists, and practitioners in law. The declaration unlocked the Disaster Management Act as a framework for a coordinated national response to address the scourge of violence against women. This recognition was seen as a long-overdue acknowledgment of the scale of violence that has scarred the country.
The Disaster Management Act provides a framework for the state to mobilize resources, establish coordination structures, and implement urgent measures to prevent further harm. The Act creates legitimate expectations that the government will act with the same urgency as it would in a flood, pandemic, or fire. However, despite this framework, the lived reality for women in South Africa remains unchanged, with many continuing to face alarming levels of violence.
In Kempton Park, a pattern of killings was evident long before Elizabeth Moselakgomo's tragic death. The fact that it took three or four bodies before escalation and that, as of recently, nine women's bodies have been found in Ekurhuleni, highlights the state's sluggish response to the crisis. These incidents are part of a chilling continuum of violence against women, and the state's inaction is indefensible.
The gap between policy and lived experience is stark, with the legal recognition and framework in place, but lacking in efficiency, resources, and urgency. The Disaster Management Act demands coordination across police, health, social development, and justice, as well as monitoring, reporting, and intervention. However, women are still being targeted and killed while authorities appear paralyzed.
As a legal practitioner, Nqolokazi Nomvalo notes that the principle of legitimate expectation is relevant in this context. When the government declares a national disaster, it creates a binding promise to its citizens, and women and children in South Africa are entitled to expect protection, swift action, and systemic change. The failure to deliver is not only a moral betrayal but also a legal one.
The declaration of a disaster is not a political gesture but an administrative act that triggers statutory duties. When those duties are ignored, the public is entitled to ask whether the inaction is unlawful. The courts have long recognized that administrative action includes failures to take decisions where there is a duty to act. In this context, the duty is clear, and the expectation is legitimate.
The story of Elizabeth Moselakgomo is not just about one woman but about a nation that has acknowledged the scale of gender-based violence yet continues to falter in its duty to act. It is about the mothers, daughters, and sisters whose lives are cut short while the machinery of state drags its feet. The time for symbolic gestures has passed, and the law requires more.
Key points
- The South African government has failed to implement the Disaster Management Act effectively, despite declaring gender-based violence and femicide a national disaster in 2025.
- Women in South Africa continue to face alarming levels of violence, with many being killed while authorities appear paralyzed.
- The government's inaction may be considered unlawful, as it has created a binding promise to its citizens to protect them from harm.
