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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. Thank you
Thank you once again for providing us the opportunity to make this presentation (021) Shortmarket Street 3rd Floor Greenmarket Place Cape Town