DVA REPORTS ICD JAN – DEC 2009 PRESENTATION TO THE PORTFOLIO COMMITTEE ON WOMAN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES PROGRAMME 3 Committee Room M515 Wednesday, 17 November 2010 at 9:30

LEGISLATIVE MANDATE Domestic Violence Act 116 of Section 18 Failure by a member of the South African Police Service (SAPS) to comply with an obligation imposed in terms of the Domestic Violence Act 116 of 1998 (DVA) or the National Instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Service Act, 1995 The ICD must forthwith be informed of any such failure reported to the SAPS Unless the ICD directs otherwise in any specific case, the SAPS must institute disciplinary proceedings against any member who allegedly failed to comply with an obligation The ICD must, every 6 months, submit a report to Parliament regarding: – the number and particulars of matters reported to it, and – set out the recommendations made in respect of such matters The National Commissioner of the SAPS must, every 6 months, submit a report to Parliament regarding steps taken as a result of recommendations made by the ICD. 2

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. 3 TYPES OF NON-COMPLIANCE

Referral for investigation/disciplinary action; Conducting DVA audits; Processing applications for exemption; Awareness campaigns; and Conducting workshops with SAPS members. 4 WHAT THE ICD DOES

5 NATIONAL DVA INTAKE JAN-DEC 2009 PROVINCEJan-Jun 09July-Dec 09TotalProv. Share Eastern Cape 3476% Free State % Gauteng % KwaZulu-Natal 2243% Limpopo 1454% Mpumalanga 3143% North West 2354% Northern Cape % Western Cape % Total %

6 COMPARISON BETWEEN 2008 & 2009 INTAKE Non-Compliance with the DVA Case 2009/10 - Yearly Change PROVINCE2008/ /2010Yearly Change % Eastern Cape3 7133% Free State19 205% Gauteng36 398% Kwazulu-Natal % Limpopo6 5-17% Mpumalanga9 4-56% North West % Northern Cape13 0% Western Cape24 268% Grand Total %

7 NON-COMPLIANCE WITH DVA BY DESCRIPTIONS Failure to arrest the abuser if an offence of violence has been committed4032% Failure to arrest the alleged transgressor 119% Failure to arrest the alleged transgressor on receipt of the warrant issued by court and an affidavit that the Protection Order has been violated2218% Failure to dispatch a police vehicle to a scene of domestic violence32% Failure to file a copy of the Protection Order after it has been obtained from court11%

8 NON-COMPLIANCE WITH DVA BY DESCRIPTIONS cont. NON-COMPLIANCE WITH DVA BY DESCRIPTIONS Failure to inform a victim on where and how to access alternative shelter11% Failure to inform the victim of their options11% Failure to inform the victim on where and how to access medical assistance11% Failure to inform victim on where and how to access a Protection Order43% Failure to inform victim on where and how to access counseling service, where required11% Failure to issue a notice against the alleged transgressor to appear in court to explain why he/she violated the Protection Order87% Failure to keep a copy of the protection order after it has been obtained from court11%

9 NON-COMPLIANCE WITH DVA BY DESCRIPTIONS Failure to locate victim and establish whether they are safe32% Failure to note reason why no charge or arrest was made54% Failure to note the incident in a Domestic Violence Register (SAPS508)32% Failure to open a docket where a criminal charge has been laid and refer the matter to the prosecution for decision1311% Failure to seize a dangerous weapon and/or firearm32% Failure to take a witness statement22% Grand Total123100% NON-COMPLIANCE WITH DVA BY DESCRIPTIONS cont.

10 APPLICATIONS FOR EXEMPTION PROVINCEJan-Jun 09July-Dec 09Total Eastern Cape000 Free State100 Gauteng707 KwaZulu-Natal000 Limpopo101 Mpumalanga000 North West101 Northern Cape303 Western Cape325 Total25227

11 COMPARISON : Intake versus Applications for Exemption PROVINCEIntakeApplicationsDeficit Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total

GAUTENG - out of 39 cases received, there were 7 applications for exemption, 11 cases were closed as unsubstantiated, and 1 case is pending closure as substantiated and the members involved were given written warnings. WESTERN CAPE - out of 26 cases received, there were 5 applications for exemption from internal prosecution, 2 case exemptions were granted, and 3 cases were closed as unsubstantiated, and in 1 matter the person was disciplined and transferred. KZN - out of 4 cases received, there were no applications for exemption. EC - out of 7 cases received by the EC, no application for exemption was received, 1 case was closed as substantiated and a member was given a verbal warning. LIMPOPO - out of 5 cases received, there was 1 application for exemption, 3 cases were closed as unsubstantiated. MPUMALANGA - out of 4 cases received, there were no application for exemption. NORTH WEST - out of 5 cases of non-compliance, there was 1 application for exemption. FREE STATE - out of 20 cases received, there were 10 applications for exemption granted, and these cases were closed as unsubstantiated, and 1 case was closed as withdrawn. NORTHERN CAPE – out of 13 cases received, there were 3 applications for exemption, 5 cases were closed as unsubstantiated. 12 OVERVIEW: COMPLIANCE Jan - Dec 2009

13 AREAS LOOKED AT DURING AUDIT Is a copy of Domestic Violence Act (DVA) readily available in CSC? Is there an updated list of service providers in Community Service Centre (CSC)? Is there an updated list of service providers in each vehicle? Is a copy of National Instruction 7/1999 readily available in CSC? Is a Domestic Violence Registers, SAPS 508(b) in CSC? Are all reported DVA incidents recorded in the Domestic Violence Register 508(b)? Are SAPS forms 508(a) readily available in CSC and properly maintained? Are all responses to domestic violence incidents recorded on SAPS forms 508(a)? Are the SAPS 206 (pocket book) of members thoroughly maintained? Are monthly procedures of File 39/4/2/3 on DVA incidents maintained? (Returns) Are procedures of SAPS 10 (Occurrence Book) on DVA thoroughly maintained? Are all protection orders served (zero outstanding protection orders)?

14 AREAS LOOKED AT DURING AUDIT cont. Are copies of every protection order received filed? (39/4/3/1) Are copies of every warrant of arrest received filed? (39/4/3/1) Are female members assigned on each shift? Is a victim friendly care centre readily available? Is a register maintained of all complaints against members i.t.o. non-compliance to DVA? Are all non-compliance DVA records of members recorded on form SAPS 508? In cases of non-compliance by members, were disciplinary proceedings instituted? If no steps have been taken against members, did they apply for exemption? Were recommendations / steps taken / exemption from disciplinary procedures recorded? Are monthly returns in relation to disciplinary action adhered to by commanders?

15 PROACTIVE OVERSIGHT ACTIVITIES Station Audits 2009 ProvinceJan-JuneJuly- Dec Eastern Cape913 Free Sate5242 Gauteng1933 KwaZulu-Natal1228 Limpopo3129 Mpumalanga1223 North West1726 Northern Cape11631 Western Cape1217 Total280242

The ICD conducted 280 police station audits (some stations were revisited), during Jan - June 2009, and found that: – 50 stations were complying on a level of Non-Compliant (0-49%). – 95 stations were complying on a level of Fairly Compliant (50-79%) – 104 stations were on a level of Substantially Compliant (80-99%) – 31 stations were Fully Complaint (100%) with the DVA prescripts. The ICD conducted 242 police station audits during July - December 2009, and found that : – 30 stations were complying on a level of Non-Compliant (0-49%) – 96 were complying on a level of Fairly Compliant (50-79%) – 96 stations were on a level of Substantially Compliant (80-99%) – 20 stations were Fully Complaint (100%) with the DVA prescripts. 16 OVERALL LEVEL OF COMPLIANCE Station Audits

1. Failure to apply for exemption 2. Lack of understanding of the obligations to DVA 3. No feedback from police management regarding disciplinary action 4. Reluctance to take disciplinary action 5. Record keeping is still a concern - – The 508(a) forms are not filed properly – The 508(b) registers are not completed properly – Some copies of the 508(a) forms were not filed although the matters pertaining thereto were registered in the 508(b) register – Domestic Violence Act and National Instruction not available – A list of service providers is not available or updated – Copies of protection orders and warrants of arrest were not filed properly – No file of Domestic violence warrants kept 17 PROACTIVE OVERSIGHT FINDINGS

1.Failure to take disciplinary action against members 2.Failure by SAPS to notify ICD of non-compliance 3.Lack of understanding of the DVA by SAPS members 4.Existence of a culture of silence around domestic violence 5.Lengthy period taken to discipline SAPS members 18 CHALLENGES

THANK YOU 19