Presentation to Portfolio Committee on Safety and Security independent complaints directorate Department: Independent Complaints Directorate REPUBLIC OF SOUTH AFRICA DVA Reports - ICD Presentation to Portfolio Committee on Safety and Security 26 October 2007

Legislative Mandate In terms of the Domestic Violence Act 116 of 1998, failure by a member of the South African Police Service to comply with an obligation imposed in terms of this Act or the National Instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Service Act 68 of 1995; and the Independent Complaints Directorate, established in terms of the said Act must forthwith be informed of any such failure reported to the South African Police Service. Furthermore, the ICD must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4)(a), setting out the recommendations made in respect of such matters.

Types of non-compliance The DVA Report presents a factual analysis of cases of non–compliance with the Domestic Violence Act (DVA) by members of the South African Police Service (SAPS) and the recommendations made to address same. The type of cases of non–compliance with the DVA addressed in these reports include: failure to effect warrants of arrest, failure to advise complainants of options (e.g. failure to advise complainant to lay a criminal charge, or apply for a protection order, or both) failure to assist complainants to open cases, failure to issue or furnish a subpoena, failure to refer the victim to a place of safety, failure to seize firearms, and failure to serve protection orders.

What the ICD does Investigation of non-compliance or Referral for investigation/disciplinary action Conducting DVA audits & cell inspections Processing applications for exemption Awareness campaigns, and Conducting workshops with SAPS members

Non-compliance Intake: Jan – Dec 2005 Province Jan - June 2005 July - Dec 2005 Eastern Cape 2 1 Free State 3 17 Gauteng 22 9 KwaZulu Natal 5 Mpumalanga Limpopo 8 4 Northern Cape 6 North West 11 12 Western Cape 21 Total 76 65

Nature of non-compliance per province Jan – June 2005 EC FS GT KN LP MP NW NC WC Total Failure to effect the arrest of the Respondent 1 12 2 8 7 45 Failure to advise complainant of options 9 Failure to confiscate fire-arm from the respondent Failure to assist the complainant, such as finding shelter, medical treatment etc. 3 14 Failure to serve a subpoena on the Respondent Failure to advise the complainant to apply for a protection order Failure to open a criminal docket and refer the matter for prosecution Failure to keep a copy of the protection order after it has been obtained from Court TOTAL 22 11 4 21 76

Non-compliance proportions Jan – June 2005 NATURE OF NON-COMPLIANCE Total % Share Failure to effect the arrest of the Respondent 45 59.2% Failure to advise complainant of options 9 11.8% Failure to confiscate fire-arm from the respondent 1 1.3% Failure to assist the complainant, such as finding shelter, medical treatment etc. 14 18.4% Failure to serve a subpoena on the Respondent 2 2.6% Failure to advise the complainant to apply for a protection order Failure to open a criminal docket and refer the matter for prosecution Failure to keep a copy of the protection order after it has been obtained from Court TOTAL 76 100.0%

Nature of non-compliance per province July – Dec 2005 FS GT KN LP MP NW NC WC Total Failure to effect the arrest of the Respondent 1 11 8 4 2 5 6 37 Failure to advise complainant of options Failure to serve Protection Order Failure to assist the complainant, such as finding shelter, medical treatment etc. 13 Failure to serve a subpoena on the Respondent Failure to advise the complainant to apply for a Protection Order Failure to open a criminal docket and refer the matter for prosecution 7 Failure to keep a copy of the protection order after it has been obtained from Court TOTAL 17 9 12 65

Non-compliance proportions July - Dec 2005 NATURE OF NON-COMPLIANCE Total % Share Failure to effect the arrest of the Respondent 37 56.9% Failure to advise complainant of options 2 3.1% Failure to serve Protection Order Failure to assist the complainant, such as finding shelter, medical treatment etc. 13 20.0% Failure to serve a subpoena on the Respondent 1 1.5% Failure to advise the complainant to apply for a Protection Order Failure to open a criminal docket and refer the matter for prosecution 7 10.8% Failure to keep a copy of the protection order after it has been obtained from Court TOTAL 65 100.0%

Non-compliance Intake: Jan – Dec 2006 Province Jan - June 2006 July - Dec 2006 Eastern Cape 5 Free State 3 12 Gauteng KwaZulu Natal 1 Mpumalanga 4 Limpopo 6 Northern Cape North West 8 Western Cape 9 Total 46 55

Nature of non-compliance per province Jan – June 2006 EC FS GT KN LP MP NW NC WC Total Failure to effect the arrest of the Respondent 2 11 1 3 12 32 Failure to advise complainant of options Failure to confiscate fire-arm from the respondent Failure to assist the complainant, such as finding shelter, medical treatment etc. 5 Failure to serve a subpoena on the Respondent Failure to advise the complainant to apply for a protection order Failure to open a criminal docket and refer the matter for prosecution 6 Failure to keep a copy of the protection order after it has been obtained from Court TOTAL 4 46

Non-compliance proportions Jan – June 2006 NATURE OF NON-COMPLIANCE Total % Share Failure to effect the arrest of the Respondent 32 69.6% Failure to advise complainant of options 3 6.5% Failure to confiscate fire-arm from the respondent 0.0% Failure to assist the complainant, such as finding shelter, medical treatment etc. 5 10.9% Failure to serve a subpoena on the Respondent Failure to advise the complainant to apply for a protection order Failure to open a criminal docket and refer the matter for prosecution 6 13.0% Failure to keep a copy of the protection order after it has been obtained from Court TOTAL 46 100.0%

Non-compliance Intake: Jan – June 2007 Province Jan - June 2007 Eastern Cape 5 Free State 3 Gauteng 11 KwaZulu Natal 1 Mpumalanga Limpopo Northern Cape North West 4 Western Cape 12 Total 45

Nature of non-compliance per province July – Dec 2006 FS GT KN LP MP NW NC WC Total Failure to effect the arrest of the Respondent 3 9 2 1 5 4 7 37 Failure to assist the complainant, such as finding shelter, medical treatment etc. Failure to serve a Subpoena / Protection Order on the Respondent Failure to advise the complainant to apply for a protection order Failure to open a criminal docket and refer the matter for prosecution Failure to keep a copy of the protection order after it has been obtained from Court TOTAL 12 6 8 55

Non-compliance proportions July – Dec 2006 NATURE OF NON-COMPLIANCE Total % Share Failure to effect the arrest of the Respondent 37 67.3% Failure to assist the complainant, such as finding shelter, medical treatment etc. 3 5.5% Failure to serve a Subpoena / Protection Order on the Respondent 9 16.4% Failure to advise the complainant to apply for a protection order 1 1.8% Failure to open a criminal docket and refer the matter for prosecution 5 9.1% Failure to keep a copy of the protection order after it has been obtained from Court 0.0% TOTAL 55 100.0%

Nature of non-compliance per province Jan – June 2007 EC FS GT KN LP MP NW NC WC Tot Failure to effect the arrest of the Respondent 1 3 24 2 6 39 Failure to advise complainant of options 10 14 Failure to confiscate fire-arm from the respondent Failure to assist the complainant, such as finding shelter, medical treatment etc. Failure to serve a Subpoena / Protection Order on the Respondent Failure to advise the complainant to apply for a protection order Failure to open a criminal docket and refer the matter for prosecution Failure to keep a copy of the protection order after it has been obtained from Court TOTAL 5 18 66

Non-compliance proportions: Jan – June 2007 NATURE OF NON-COMPLIANCE Total % Share Failure to effect the arrest of the Respondent 39 59.1% Failure to advise complainant of options 14 21.2% Failure to confiscate fire-arm from the respondent 1 1.5% Failure to assist the complainant, such as finding shelter, medical treatment etc. 2 3.0% Failure to serve a Subpoena / Protection Order on the Respondent 3 4.5% Failure to advise the complainant to apply for a protection order Failure to open a criminal docket and refer the matter for prosecution Failure to keep a copy of the protection order after it has been obtained from Court TOTAL 66 100.0%

Applications for Exemption   Jan-Jun 05 Jul-Dec 05 Jan-Jun 06 Jul-Dec 06 Jan-Jun 07 TOTAL Province Yes No Eastern Cape 2 1 3 4 5 Free Sate 10 7 20 Gauteng 9 14 33 15 KwaZulu-Natal Limpopo 12 8 Mpumalanga North West 25 6 Northern Cape 19 Western Cape 11 27 Total 38 18 46 28 32 147 43

Findings FINDINGS Jan-Jun 05 Jul-Dec 05 Jan-Jun 06 Jul-Dec 06 Total % Substantiated 15 11 6 12 50 11.4% Unsubstantiated 25 22 19 3 81 18.5% Dismissed 14 10 7 4 1 36 8.2% Withdrawal 8 16 42 9.6% Unfounded 2 2.3% Resolved 68 56 30 52 13 219 50.0% TOTAL 136 112 60 104 26 438 100.0%

Police Station Audits See comprehensive list provided

Challenges Inaccessibility of ICD to the public especially in rural communities Lengthy period taken to discipline SAPS members Failure by SAPS to notify ICD of non-compliance Lack of understanding of the DVA by SAPS members and also trying to break the barriers of the culture of silence around domestic violence Increase in police officers who are perpetrators of domestic violence Due to inaccessibility ICD is getting a fraction of DVA complaints Shortage of staff to do DVA station audits there are 9 monitors (1 monitor per province)

Priorities 2007/2008 DVA We will be conducting two research, one on the domestic femicide : a case study on members of the South African Police and secondly a study of the factors contributing to SAPS non-compliance with the domestic violence act Forging working relationships with NGO’s that deal with Domestic Violence

Cont. Priorities 2007/08 The Deputy President launched the 365 Day of National Action Plan to End Gender Violence. This means that ICD must raise more awareness about its mandate in respect of incidents of non-compliance with DVA and also to do more outreach programmes educating the public about their rights and where to go in case the police do not give them necessary support.

Cont. Implementing a call center (National) where people can call and get assistance without actually traveling long distances to lodge a complaint

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