1. 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

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

5. 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%

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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%

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

15. 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)?

16. 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?

17. 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

18. 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

19. 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

20. 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

21. THANK YOU