PRESENTATION TO PORTFOLIO COMMITTEE ON POLICE SAPS REPORTS IN TERMS OF SECTION 18 (5)(d) OF THE DOMESTIC VIOLENCE ACT, 1998 14 MAY 2013

Number of disciplinary proceedings against police officials reported for non-compliance for the period 1 July 2011 to 31 March 2012 (9 months) Prov Number of Incidents of Non- Compliance Reported   Jul 11 Aug 11 Sept 11 Oct 11 Nov 11 Dec 11 Jan 12 Feb 12 Mar 12 ToT EC 2 1 6 FS 4 GP 7 KZN LP MP NC 3 8 NW 10 WC 12 22 38 17 70 13 186 Total 15 03 25 45 20 82 07 09 221

Nature of disciplinary proceedings against police officials reported for non-compliance for the period 1 July 2011 to 31 March 2012 (9 months interim report) Matter closed – member deceased 1 Unfounded 18 No disciplinary steps - Reservist not trained 6 DS1 Remedial Steps (after initial interview – Not serious) 102 DS2 Verbal warning (after initial interview)- Not serious 20 DS3 Written warning (Not serious) 46 Final Written Warning 6 DS4A Under investigation 13 Still on trial 3 ICD – awaiting decision 4 ICD – recommended Disciplinary Steps 2 Total number of non-compliance reported 221

Number of disciplinary proceedings against police officials reported for non-compliance for the period 1 April 2012 to 30 September 2012 (6 months) Prov Number of Incidents of Non- Compliance Reported   April ‘12 May ‘12 June ‘12 July ‘12 Aug ‘12 Sept ‘12 TOTAL EC 1 3 FS GP KZN LP MP NC NW WC 2 34 9 4 55 Total 35 10 59

Nature of disciplinary proceedings against police officials reported for non-compliance for the period 1 April 2012 to 30 September 2012 (6 months) No disciplinary steps – minor errors rectified immediately (not serious) 10 No disciplinary steps - Member wrongfully accused 1 DS1 Remedial Steps (after initial interview – Not serious) 29 DS2 Verbal warning (after initial interview)- Not serious 5 DS3 Written warning (Not serious) 6 DS4A Under investigation 8 Total number of non-compliance reported 59

Monitoring Non-Compliance at station level As part of the monitoring and evaluation of the implementation of the Domestic Violence Act, Senior Officers at police stations are required to conduct regular inspections of the relevant registers and forms to monitor compliance. The Division: Visible Policing also conducts compliance visits to monitor the same. Where serious cases of non-compliance have been identified the station commander is obligated in terms of Section 18 of the DVA to report this to the Secretariat for Police and take the necessary disciplinary steps in this regard.

Monitoring Non-Compliance at station level Minor incidents of non-compliance are rectified immediately and members are encouraged during station lectures and on/off duty parades to ensure compliance. While the Division: Visible Policing strives to ensure that all Provinces are consistent when monitoring and reporting on non-compliance, the Western Cape has adopted the 0% tolerance approach to addressing non-compliance. This has resulted in better confidence by the public to report domestic violence cases and complaints – hence the higher figures for reporting incidence of DV as well as the higher non-compliance identified and addressed.

Remedial Steps taken during 2012/2013 Domestic Violence Act, 1998 review Process: On the Portfolio Committee’s request to SAPS to indicate whether there should be changes to the DVA, 1998 and the NI 7/1999, a national review session was convened in November 2012 with provincial, cluster and station level representatives working with the domestic violence cases and with practical experience of the challenges of implementing the National Instructions. Delegates from the relevant National Divisions and the Civilian Secretariat for Police were also included. A report outlining recommendations to draft proposed changes to legislation in terms of SAPS obligations and the SAPS NI was submitted to the Office of the Executive Legal Officer and is currently being considered. A 10 Point Checklist (included as slide) developed during the review session is being finalised for Implementation during the 2013/2014 financial year.

Remedial Steps taken during 2012/2013 Domestic Violence Act, 1998 review Process: Domestic Violence 10 Point Checklist : 1. Was the complainant interviewed/a statement taken? 2. Did you issue FORM 1 and explain its contents? 3. Does the complainant have an existing protection order? If not, was he/she advised to get one? 4. Did the complainant get proper information regarding items that may require seizure? 5. Was the complainant offered assistance to: a) Obtain medical assistance? b) Find shelter or temporary accommodation? c) Protection or care of children?

Remedial Steps taken during 2012/2013 Domestic Violence Act, 1998 review Process: Domestic Violence 10 Point Checklist : 6. Did you: a) Register a case docket? b) Complete a 508(a)? c) Complete a 508(b)? d) Make an OB entry? e) Make an entry in your Pocket Book? 7. Did you: a) Effect an arrest? b) If not, why not?

Remedial Steps taken during 2012/2013 Domestic Violence Act, 1998 review Process: Domestic Violence 10 Point Checklist : 8. Did you give feedback to the complainant about the progress of the case? 9. Did you advise the complainant about who to consult with or to get support from (for instance, a social worker, a lawyer or any NGO or agency on your list of agencies at the station)? 10.Did you check and review that the above is complete (quality assurance)?

Remedial Steps taken during 2012/2013 SAPS Inputs in DoJCD DV Act Review Process: The Department of Justice and Constitutional Development instituted a review process of the Domestic Violence in 2012 Inputs for changes to the Act were submitted in response to a call for inputs by the Office of the SAPS Executive Legal Officer Inputs were informed by practical challenges experiences by SAPS members at all levels as raised during: Training and work session Station visits and inspections Requests for assistance to the ELO’s office

Remedial Steps taken during 2012/2013 SAPS Inputs in DoJCD DV Act Review Process: The power to declare a person unfit to possess a firearm as contemplated in section 102 of the Firearms Control Act, 2000 (Act No. 60 of 2000) should be delegated to the level of station commander and not the National Commissioner as previously stated. In the past the submission of the documentation from all magistrates’ courts across the country to the office of the National Commissioner in Pretoria who will only forward it to the station commander at the relevant police station, seriously delayed the consideration of the fitness of the respondent to possess a firearm and had adverse consequences for the complainant. The relevant police station is most likely to be in close proximity to the magistrate court that issued the protection order.

Remedial Steps taken during 2012/2013 SAPS Inputs in DoJCD DV Act Review Process ctd… Members of the Police are often confronted by different protection orders obtained by different parties to a domestic relationship that are in direct conflict with one another. This places the police official in an untenable position: It is impossible for the police official to enforce the orders. According to section 18(4)(a) of the Act, disciplinary proceedings may be instituted against a member for failing to enforce a protection order. In order to prevent this, the Regulations containing the application form for a protection order should be amended to require the applicant to disclose whether any protection order (by or against the applicant or respondent) has previously been issued and if so, at which court. This will enable the presiding officer to consider the terms of any existing order before a new protection order is issued.

Remedial Steps taken during 2012/2013 Provincial Capacity Building Work Sessions (All Provinces) A series of capacity building work sessions was convened in all nine (9) provinces to address concerns in regard to compliance with legislation and directives in regard to policing crimes and violence against women and children The objectives of provincial capacity building work sessions were as follows: to identify solutions and address challenges experienced in the implementation of the legislation including the Domestic Violence Act, 1998 to provide feedback on common findings in respect of the Domestic Violence Act, 1998 and other legislation, during station compliance visits and discussed required responses To capacitate the provinces in terms of the role of and inter-departmental co-operation with the Civilian Secretariat in respect to monitoring the implementation of legislation including the DV Act.

Remedial Steps taken during 2012/2013 Provincial Capacity Building Work Sessions (All Provinces) Delegates attending the capacity building work session included the following: Cluster Commanders; One (1) station commander per Cluster Provincial representatives (Crime Prevention Co-ordinators, Provincial Head: Crime Prevention; Provincial HRD; Provincial Discipline Management) National and provincial Secretariats for Police Division: Visible Policing

Remedial Steps taken during 2012/2013 Domestic Violence Compliance Forum – Secretariat of Police: A forum was established between the Civilian Secretariat and the SAPS with the purpose of monitoring and improving the SAPS implementation of the DVA. Meetings were held during May 2012, July 2012, August 2012 and March 2013. The Compliance Forum consists of all respective Divisions within SAPS that have a role to play in the implementation of the Domestic Violence Act, 1998. A specific focus on the domestic violence that involve SAPS members and employees was identified as a important area of collaboration

Remedial Steps for 2013/2014 Work session with Inspectorate May/June 2013: As part of the SAPS monitoring and Evaluation function the Division: Visible Policing will engage with the National and Provincial Inspectorate in a work session to assist them in monitoring compliance based also on the audit tools jointly developed with the Division Visible Policing. National work session to share good practices (by November 2013): A work session is planned share the good practices identified by Visible Policing, other Divisions, Provinces and Secretariats with implementers in SAPS. This session will also serve as an opportunity to provide feedback on the review process for the Act and NI.

Concluding comments Compliance and consistency remains a challenges Training is not the only answer but must continue to reinforce the knowledge and skills required to act correctly in response to domestic violence Management at all levels must be held accountable and lead by example