1. 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

2. 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.

3. 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.

4. 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

5. 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

6. Nature of non-compliance per province Jan – June 2005EC 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

7. 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%

8. Nature of non-compliance per province July – Dec 2005FS 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

9. 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%

10. 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

11. Nature of non-compliance per province Jan – June 2006EC 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

12. 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%

13. 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

14. Nature of non-compliance per province July – Dec 2006FS 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

15. 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%

16. Nature of non-compliance per province Jan – June 2007EC 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

17. 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%

18. 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

19. 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%

20. Police Station Audits
See comprehensive list provided

21. 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)

22. 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

23. 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.

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

25. THANK YOU