DVA Reports ICD Jan – Dec 2007 independent complaints directorate Department: Independent Complaints Directorate REPUBLIC OF SOUTH AFRICA DVA Reports ICD Jan – Dec 2007 Presentation to Portfolio Committee on Safety and Security 18 June 2008

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 Processing applications for exemption Awareness campaigns, and Conducting workshops with SAPS members

National DVA Intake Jan-Dec 2007 Province Jan-Jun 07 July-Dec 07 Total Prov. Share Eastern Cape 3 6 5% Free State 5 10 8% Gauteng 24 13 37 30% KwaZulu-Natal 8 7% Limpopo Mpumalanga 2 2% North West 9 14 11% Northern Cape 1 Western Cape 18 19 66 57 123 100%

Comparison between 2006 and 2007 - Intake Province Jan-Jun06 Jan-June07 Jul-Dec06 Jul- Dec07 Eastern Cape 5 3 Free State 12 Gauteng 24 6 13 KwaZulu-Natal 1 Limpopo Mpumalanga 2 4 North West 8 9 Northern Cape Western Cape 18 19 Total 46 66 58 57

Failure to serve protection order Province Jan-Jun 07 July-Dec 07 Total Eastern Cape 1 Free State 3 Gauteng 2 KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape 14 16

Failure to advise complainant of options, such as applying for a protection order, laying charges ,etc Province Jan-Jun 07 July-Dec 07 Total Eastern Cape 1 Free State 2 3 5 Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape 10 15 19 12 31

Failure to effect warrant of arrest Province Jan-Jun 07 July-Dec 07 Total Eastern Cape 1 2 Free State 3 6 Gauteng 24 26 KwaZulu-Natal 4 Limpopo Mpumalanga North West Northern Cape Western Cape 8 44 11 55

Failure to open a criminal docket or refer the matter for prosecution Province Jan-Jun 07 July-Dec 07 Total Eastern Cape 1 2 Free State 4 Gauteng KwaZulu-Natal Limpopo Mpumalanga North West 5 Northern Cape Western Cape 19 24

Failure to serve a subpoena to the respondent Province Jan-Jun 07 July-Dec 07 Total Eastern Cape 1 Free State Gauteng 4 KwaZulu-Natal Limpopo 2 Mpumalanga North West Northern Cape Western Cape 9 11 6 15 21

Applications for exemption Province Jan-Jun 07 July-Dec 07 Total % Eastern Cape 1 Free State 3 Gauteng 4 KwaZulu-Natal Limpopo 2 Mpumalanga North West Northern Cape Western Cape 14 17

Comparison of Intake vs Applications for exemption Province Intake Applications Proportion Eastern Cape 6 1 17% Free State 10 3 30% Gauteng 37 4 11% KwaZulu-Natal 8 0% Limpopo 2 33% Mpumalanga North West 14 21% Northern Cape Western Cape Total 123 17 14%

Overview of Compliance Jan-Dec 2007 Gauteng – out of 37 cases of non-compliance received by Gauteng , there were 4 applications for exemption from internal prosecutions. 2 cases were exempted, and in 1 case the disciplinary steps are pending against the member Western Cape – also, 37 cases received by WC, there were 4 applications for exemption from internal prosecution, 1 case exemption was granted KZN-out of 8 cases of non-compliance with the DVA, there were no applications for exemption EC- out of 6 cases, no application for exemption was received Limpopo – out of 6 cases, there was 2 application for exemption Mpumalanga- out of 2 cases of non-compliance received, there were no application North West – out of 14 cases of non-compliance, there were 3 applications for exemption Free State – out of 10 cases received, there were 3 applications for exemption Northern Cape – received 1 case, there was no applications for exemption

Areas looked at during audit 1.1 Is a copy of Domestic Violence Act (DVA) readily available in CSC? 1.2 Is there an updated list of service providers in Community Service Centre (CSC)? 1.3 Is there an updated list of service providers in each vehicle? 1.4 Is a copy of National Instruction 7/1999 readily available in CSC? 1.5 Is a Domestic Violence Registers, SAPS 508 (b) in CSC? 1.6 Are all reported DVA incidents recorded in the Domestic Violence Register 508 (b)? 1.7 Are SAPS forms 508(a) readily available in CSC and properly maintained? 1.8 Are all responses to domestic violence incidents recorded on SAPS forms 508 (a)? 1.9 Are the SAPS 206 (pocket book) of members thoroughly maintained? 1.10 Are monthly procedures of File 39/4/2/3 on DVA incidents maintained? (Returns) 1.11 Are procedures of SAPS 10 (Occurrence Book) on DVA thoroughly maintained? 1.12 Are all protection orders served (zero outstanding protection orders)?

Areas looked at during audit (cont...) 1.13 Are copies of every protection order received filed? (39/4/3/1) 1.14 Are copies of every warrant of arrest received filed? (39/4/3/1) 1.15 Are female members assigned on each shift? 1.16 Is a Victim friendly care centre readily available? 1.17 Is a register maintained of all complaints against members i.t.o. non-compliance to DVA? 1.18 Are all non-compliance DVA records of members recorded on forms SAPS 508? 1.19 In cases of non-compliance by members, were disciplinary proceedings instituted? 1.20 If no steps have been taken against members, did they apply for exemption? 1.21 Were recommendations / steps taken / exemption from disciplinary procedures recorded? 1.22 Are monthly returns in relation to disciplinary action adhered to by commanders?

Proactive Oversight Activities – Station Audits 2007 Province Number Eastern Cape 34 Free Sate 102 Gauteng 41 KwaZulu-Natal 13 Limpopo 33 Mpumalanga 12 North West 11 Northern Cape Western Cape 26 Total 279

Level of Compliance -Station Audits Eastern Cape – Out of 34 stations that were visited, only 5 stations that complied Bityi, Butterworths, Aliwal North, NU 1 Madantsane, Port St Johns Western Cape – conducted 26 station audits- 12 stations complied - Caledon, Darling, Malmesbury, Philladelphia, Melkbostrand, Sea Point, Campas Bay, Ladysmith, Montagu, Ashton, Bridgeton, Oudshoorn Gauteng- out of 41 stations audits that were conducted, during Jan-Dec 2007, only 5 stations complied, viz PTA-West, Atteridgeville, Kagiso, Randfontein, Westonaria, Laudium KZN – Out of 13 stations visited, 1 station complied - Mpungamhlophe Limpopo –conducted 34 station audits, and only 6 stations complied - Motetema, Nebo, Mecklenburg, Senwabarwana,Letsitele, Sekgosese North West – Out of 11 stations visited, there were only 3 stations that complied – Zeerust, Lethlabile, Britz Mpumalanga – visited 12 stations, and 5 stations complied - Lydenburg, White River, Mhluzi, Nelspruit, Volksrust Northern Cape – visited 12 stations, and none of the stations complied Free State – conducted a special project, where they visited all stations, out of 102 stations that were visited, 60 stations complied

Proactive Oversight - Findings Lack of understanding of the obligations to DVA No feedback from police management regarding disciplinary action Reluctance to take disciplinary action Record keeping still a concern :- The 508(b) is not completed properly, as crucial information is not recorded 508(a) forms not filed and some copies were not found in the file but registered in the 508(b) No copies of station orders Domestic Violence Act and National Instruction not available The copy of service provider list not available or updated Copies of Protection Orders and warrants of arrest were not filed properly No file of Domestic Violence warrants kept

Challenges Failure to take disciplinary action against 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 Lengthy period taken to discipline SAPS members Shortage of staff to do DVA station audits ,there are 9 monitors (1 monitor per province) Inaccessibility of ICD to the public especially in rural communities Due to inaccessibility ICD is getting fraction of DVA complaints

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