IMPLEMENTATION OF THE DOMESTIC VIOLENCE ACT BRIEFING OF THE PORTFOLIO COMMITTEE ON POLICE 12 AUGUST 2015 LEGAL RESOURCES CENTRE

WHAT THE ACT REQUIRES FROM SAPS National Commissioner issued National Instructions in terms of the Act to ensure compliance Reporting requirements: Previously ICD (March 2012) Currently the Civilian Secretariat for Police – report on number and particulars of matters reported to it, recommendations made in such matters

Responsibilities in terms of the National Instructions Without delay ensure that a police vehicle is dispatched to attend a complaint; Members must inform complainants on their right and remedies – hand complainant a notice and explain its content Where a complainant wants to lay criminal charges they must be assisted to do so. Members must assist the complainant to obtain treatment and suitable shelter Members may accompany the complainant to collect personal belongings Once an interim order has been obtained members must serve same of the respondent without delay as it is only valid once served

Non-compliance (Misconduct) Failure to arrest the abuser of an offence of violence has been committed Failure to arrest in cases where a warrant to arrest has been issued Failure to dispatch a vehicle to a domestic violence incident Failure to inform victims of counseling, medical or shelter services Failure to keep record of protection orders on file Failure to note incidents in the DV register Failure to take witness statements Failure to open a docket and refer matter for prosecution Failure to provide J88 (medical form) in cases of physical injury Failure to act in cases where there is no interim protection order Incorrect advice given to complainant

Findings from Training Participation in training over the past two years during Women’s Month allowed for unique engagement with SAPS members who are required to implement the Act. There are no clear lines of communication between the police on the one hand and other relevant government departments on the other: Clerks at the Court don’t know what the roles of the SAPS is under the Act, SAPS members have no engagement with the Department of Social Development so they do not know where to refer clients to in cases of counseling and shelters Survivors of domestic violence were stereotyped based on members own personal perceptions and prejudice Some members did not have a basic understanding of when domestic violence constituted a crime – thought it was only once there was a protection order in place

Findings from Training Members did not receive training on appreciating the cycle of gender based violence or the psyche of a victim of domestic violence – so expressed frustration and reluctance to assist as women do not see cases through. Conceded that this frustrates them on a personal level. Identified prejudice against asylum seekers and refugees and the general notion that “they” are illegal – Conceded that they had difficulty with assisting victims of DV in cases where people did not have valid documentation Members did not feel that it was their duty to serve documents for Court purposes – could be why its often not done on time or timely Members raised the issue that domestic violence officers within stations were normally either female or of lower rank – this impacted on their ability to hold senior members accountable in cases of misconduct Access to vehicles were sometimes a problem in areas that have high rates of serious / violent crimes and domestic violence is moved down on priority list

Clients experiences The LRC provides legal representation in cases where women have experienced difficulty in obtaining protection orders. These are some of the experiences in respect of SAPS Clients are advised that until they obtain a PO police cannot accept charges against perpetrators; Even when PO are in place members will attend a scene and mediate a resolution very often subjecting the complainant to secondary victimization; Delay in serving IPO on the respondent puts complainant in a vulnerable position IPO are served in the middle of the night which disrupts households and once again leaves complainant open to further abuse

Recommendations Review on whether the National Instructions should be improved upon – since inception there has been implementation challenges perhaps we need to review them and see where they can be improved upon Improved training on understanding and how to engage with victims of domestic violence Language and cultural barriers exist and training addressing cultural barriers should address this as well as resource allocation Need to rebuild the trust relationships with women in communities so that they feel members will protect them Development of flow charts within jurisdictions so that the line of communication, roles and responsibilities of role players are clear to everyone not just SAPS members

Recommendations Ensure that there are safe spaces at all police stations so that women have a safe environment and that areas are staffed with qualified counselors More DV officers need to be appointed so that when someone is off duty or on leave the DV matters can be dealt with adequately Senior members are appointed to be DV Officers so that it can be dealt with as a serious crime and hold members accountable Better support from Station Commanders for DV matters

Thank you Thank you once again for providing us the opportunity to make this presentation Charlene@lrc.org.za (021) 481 3000 54 Shortmarket Street 3rd Floor Greenmarket Place Cape Town