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INDEPENDENT COMPLAINTS DIRECTORATE Promoting proper police conduct.

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Presentation on theme: "INDEPENDENT COMPLAINTS DIRECTORATE Promoting proper police conduct."— Presentation transcript:

1 INDEPENDENT COMPLAINTS DIRECTORATE Promoting proper police conduct

2 Introduction Mandate Structure Budget Complaints Registry Investigations Monitoring Conclusion

3 MANDATE Section 222 of the Interim Constitution (Act 200 of 1993) provided for independent mechanism under civilian control –to ensure that complaints in respect of offences and misconduct allegedly committed by members of the police service are investigated in an effective and efficient manner.

4 MANDATE (continued) Section 53 (2) of the South African Police Service Act (Act no 68 of 1995) May mero motu or upon receipt of a complaint, investigate any misconduct or offence allegedly committed by a member, and may, where appropriate, refer such investigation to the Commissioner concerned; Shall mero muto or upon receipt of a complaint, investigate any death in police custody or as a result of police action; and May investigate any matter referred to the Directorate by the Minister or member of the Executive Council.

5 MANDATE (continued) Section 18 of the Domestic Violence Act, Act No. 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, 1995, and the Independent Complaints Directorate, established in terms of that Act, must forthwith be informed of any such failure reported to the South African Police Service.

6 MANDATE (continued) Section 64O of the SAPS Act, read with Regulation 9 and Annexure 5 of the Regulations for Municipal Police Services –the same civilian oversight duties in respect of Municipal Police Services as over SAPS

7 VISION A transformed South African Police Service consistent with the spirit and purport of the constitution

8 MISSION To promote proper police conduct

9 MANDATE Interim constitution specific to complaints of criminal offences and misconducts Discretion to the ICD to investigate matters Guided by the Vision and Mission More strategic and focused approach Potential Overlaps with the Secretariat Role of the ICD is proactive and reactive

10 Current Structure Total : 21

11 CHALLENGES RAISED WITH PCOS BY PROVINCIAL HEADS IN 2005 STAFF SHORTAGES Since 2007 our investigative staff have been complemented with 05 more staff members. We also took on board several interns in line functioning to help ease the backlog. COMMUNITY OUTREACHES This is still a problem in that we still don’t have a budget allocation for it, we therefore have to collaborate with other Government Departments. POLICING POWERS This matter is still a problem since most of our investigators still struggle to get policing powers in time. PROVICIAL REPRESENTATION IN DEPARTMENTAL COMMITTEES Provinces are now in committees CENTRALIZATION OF DECISION MAKING POWER IN NATIONAL OFFICE Provincial Managers can now approve overtime and can also appoint staff of up to level 8

12 Budget Programme2006/2007 Budget 2006/2007 Expenditure 2007/2008 Budget available P1: Administration R 437 000R 194 000R 243 000 P2: Investigation of complaints R 4262 000R 1169 000R 3093 000 P3: Registration & Monitoring of complaints R1 096 000R 1502 000R -406 000 TOTALR 5795 000R 2865 000R 2930 000

13 ASSET MANAGEMENT 2007/8 Fleet Management –Three accidents occurred in the period under review. –One additional sub car purchased –One GG car will be purchased Accommodation expansion Two Offices and Open plan area IT procured Desktops, Laptops and Printers Cell phone expenditure: TotalR 11 845-72 Telephone expenditure: –Total:R 173 472-70 –Private calls:R 7 166-20

14 ASSET MANAGEMENT 2007/2008 Fleet Management –Four accidents occurred in the period under review. –Three additional sub car purchased. –One GG car was purchased Accommodation expansion Two Offices and Open plan area Cell phone expenditure: TotalR 10 633-13 Telephone expenditure: –Total:R 107 760-41 –Private calls:R 6 147-70

15 RECEIPT AND PROCESSING OF COMPLAINTS

16 Main Activities In-take of complaints Interviewing of complainants and obtaining of statements Registration of cases on database Mediation Generation of statistics

17 Classification of Cases Class I: Death in police custody or as a result of police action Class II: Domestic violence cases Class III: Serious criminal offences committed by members of the police Class IV: Less serious criminal offences and misconduct committed by members of the police Class V: - Outside the mandate of ICD - Occurred before establishment of ICD

18 CASES ON HAND 2007-2008 TOTAL FILES BACKLOG & CURRENT FINANCIAL YEAR TOTAL FILE TOTAL FILES ON HAND LESS ACTIVE CASES FINALISED BACKLOG & CURRENT FINANCIAL YEAR TOT FILES Backlog Current Financial YearBacklogCurrent Year 2918637723343341 24 22 4624 22 46 510275785342134311 CLASS I II III IV TOTAL

19 CLOSED 2007-2008 TOTAL FILES BACKLOG & CURRENT FINANCIAL YEAR TOTAL FILE TOTAL FILES ON HAND LESS ACTIVE CASES FINALISED BACKLOG & CURRENT FINANCIAL YEAR TOTAL FILES Backlog Current Financial YearBacklogCurrent Year 2918637723343341 0 0 00 0 0 510275785342134311 CLASS I II III IV TOTAL

20 Statistics 2007/2008 Class AprMayJunJulyAugSepT otal I181114 171286 II54255122 III223627294926189 IV Total

21 Class AprMayJunJulyAugSepOctNovDecJanFebMarT I7141712181216131215169162 II12100103217624 III312927162822433625504044355 IV Total Statistics 2007/8

22 INVESTIGATIONS

23 INVESTIGATORS SCENES AND POST MORTEM ATTENDANCES CLASS 1 REGISTER: 2007-2008 FINANCIAL YEAR CCN:STATIONCAS NoCOMPLAINANTDate of incidentD/COMScene AttPM ATT 2007040018KLIPGAT115/3/07CAPT.PHALE23/04/07 NO 2007040031CRYSTALPARKSUPT.ENIE ERASMUS02/04/07 YESYES:24/04/07 2007040059LYTTELTONSUPT.MANAMELA04/04/07 YESYES:05/04/07 2007040061LYTTELTONSUPT.MANAMELA04/04/07 YESYES:05/04/07 2007040066DUDUZA260/03/07MKHONWANE.V19/03/07 NO 2007040114MONDEORCAPT.TSHABALALA10/04/07 NO 2007040142PTA-CENTRALDE VILLIERS06/04/07 YESYES:10/04/07 2007040143EESTERUSTCAPT.MASWANGANY E 06/04/07 YESYES:10/04/07 2007040148MULDERSDRIFTSUPT.FELITA05/04/07 YESYES:10/04/07 2007040167DOBSONVILLESUPT.MOFOKENG12/04/07 YESYES:16/04/07 2007040168TEMBISACAPT.VENTER12/04/07 YESYES:13/04/07

24 2007040343GERMISTONCAPT.NKOSI14/04/07 YESYES:16/04/0 7 2007040376SANDTONDIR.BILLINGS21/04/0723/04/07YESYES:23/04/0 7 2007040456RABIE RIDGECAPT.MAKOLA29/04/0730/04/07YESYES:30/04/0 7 2007050111LYTTELTONDIR. WIESE04/05/0708/05/07YESYES:07/05/0 7 2007050228JMPDMEDIA ARTICLE (SOWETAN) 10/05/0711/05/07NO 2007050237WIERDEBRUGCAPT.MASHWANGAN YI 10/05/0711/05/07YESYES:14/05/0 7 2007050274ROODEPO0RTINSP.PIETERSE11/05/07 YESYES:14/05/0 7 2007050322JHB-CENTRALCAPT.MATHIBELA15/05/07 YESYES:16/05/0 7 2007050404SANDRINGHAMSUPT. ODENDAAL17/05/07 YESYES18/05/07 2007050493AKASIA580/05/07INSP.NGOBENI22/05/0728/05/07NO 2007050490MAMELODI EAST449/05/07SUPT.NTULI20/05/0728/05/07NO 2007050563KEMPTON PARKMEDIA27/05/0728/05/07YESYES:29/05/0 7 2007050607MAMELODICAPT.VENTER27/05/0728/05/07YESYES:28/05/0 7

25 2007050621WIERDEBRUGSUPT.DU PLESSIS30/05/07 YESYES:31/05/07 2007060013SANDTONCAPT.KOTZE02/06/07 YESYES:03/06/07 2007060018JEPPEAMOS KGAJAGO01/06/07 YESYES:02/06/07 2007060108WIERDEBRUGSUPT.DU PLESSIS30/05/07 YESYES:02/06/07 2007060160TEMBISACAPT.TEFU07/06/07 YESYES:08/06/07 2007040466LYTTELTONMANAMELA04/04/07 YESYES:05/04/07 2007060328LENASIA SOUTHSUPT.SCHEEPERS15/06/0719/06/07YESYES:18/06/07 2007060333BRACKENSDOWNSCAPT,LEDWABA18/06/07 YESYES:19/06/07 2007060344SEBOKENG1155/06/07SUPT.MOKOENA17/06/07 YESYES:19/06/07 2007060468VANDERBIJL919/6/07SUPT.CELLIERS23/06/07 YESYES:25/06/07 2007060405LANGLAATEPETERS21/06/0722/06/07NO 2007060398TEMBISA22/6/07CAPT.MABUSELA20/06/0721/06/07YESYES:25/06/07 2007060482BRAMLEY364/06/07SUPT. MOUTON21/06/0722/06/07YESYES:56/06/07 2007060567PTA-CENTRALCAPT. DE JAGER27/06/0727/08/07YESYES:27/06/07

26 2007070009VOSLLORUS868/06/07MOTSOTSO08/06/200704/07/07NOYES:05/07/07 2007070023MOROKA20/07/07CAPT. HAROLD01/07/0703/07/07YESYES:04/07/07 2007070012WONDERBOOMPOOR T 293/06/07CAPT. SHAKOENE29/06/0701/07/07YESYES:04/07/07 2007070213MABOPANECAPT. MOTHABI10/07/07 YESYES:11/07/07 2007070255PROTEA-GLENCAPT. SEGAPO12/07/07 YESYES:13/07/07 2007070292MAMELODI-EASTCAPT. SITHOLE16/07/07 YESYES:17/07/07 2007070417HILLBROW1958/07/07CAPT. VAN ROOYEN20/07/07 YESYES:20/07/07 2007070473TEMBACAPT. MABUSELA23/07/07 NO 2007070487PTA-CENT423/07/07DIR. MANGANYE12/07/0713/07/07YESYES:13/0/07 2007070532FLORIDA926/07/07SUPT. MATSESELA19/07/0720/07/07YESYES:20/07/07 2007070533SUNNYSIDEINSP. MNISI23/07/0725/07/07NOYES:25/07/07 2007070554BROOKLYN1063/07/07DIR. MTHOMBENI27/07/0730/07/07YESYES:31/07/07 2007070576GERMISTONPULENG SEKGOBELA30/06/0723/07/07NOYES:23/07/07 2007080147LOATE89/08/2007SUPT. DIBETLE07/07/0708/07/07YESYES:08/08/07

27 2007080116SILVERTON77/08/2007SUPT. MATJIE04/08/07 YESYES:04/08/07 2007080117MAMELODI81/08/2007SUPT. SITHOSA04/08/0705/08/07YESYES:05/08/07 2007080127KEMPTON PARKMEDIA05/08/07 NO 2007080129JEPPECAPT. MAKO07/08/07 YESYES:10/08/07 2007080209KRUGERSDORPINSP.MOGONGE11/08/07 YESYES:12/08/07 2007080271PRETORIA MOOT100/08/2007CAPT. MTILENI10/08/0711/08/07NO 2007080274BOOYSENS777/08/2007SUPT.KHUBEKA01/08/0713/08/07NO 2007080314KRUGERSDORPCAPT. SMITH27/07/0712/08/07NOYES:14/08/07 2007080353EVATON858/01/2007OFFICE OF THE DPP17/08/0719/08/07NO 2007080365LENASIA191/08/2007CONST. MASONDO17/08/0718/08/07YESYES:20/08/07 2007080378LOATE229/08/2007CAPT. PHALA16/08/0717/08/07YESYES:17/08/07 2007080451MEDIA16/08/0717/08/07NO 2007080452TSAKANESUPT. MBATA17/08/07 YESYES:17/08/07 2007080516OLIFANSFONTEINCRESSWELL22/08/0723/08/07NO 2007080515DAWN PARK322/08/2007SUPT. MATLALA24/08/07 YESYES:24/08/07

28 2007-080596KAGISO926/08/2007KHESWA24/08/07 YESYES:03/09/07 2007080624MEADOWLANDS980/08/2007CAPT. CHILI23/08/0724/08/07YESYES:24/08/07 2007080628PRIMROSE726/08/2007CAPT. MASHA28/08/0729/08/07YESYES:31/08/07 2007090009ALEX92/06/2007JACKSON02/06/0704/06/07YESYES:06/09/07 2007090048PRETORIA39/09/2007SUPT. MAKOPO03/09/0708/09/07YESYES:10/09/07 2007090099JHBSUPT. MABUELA25/08/0729/08/07NO 2007090179EDENPARKNXUMALO08/09/07 YESYES:09/09/07 2007090185VOSLOORUSKOOTZE22/09/07 YESYES:23/09/07 2007090191ROODEPOORTDONBRACK13/09/0715/09/07YESYES:17/09/07 2007090231RANDBURGHUGO13/09/0714/09/07YESYES:14/09/07 2007090421VOSLOORUS797/09/2007MAFOKOANE22/09/0723/09/07NOYES:23/09/07 2007090422RABIE RIDGE204/09/2007LOUW24/09/0726/09/07YESYES:27/09/07 2007090500ATTERIDGEVILE1152/09/200 7 D. MOODLEY27/09/0728/09/07NOYES:02/10/07 2007090454PROTEA-GLEN686/09/2007CAPT.SEGAPO27/09/0728/09/07YESYES:01/10/07 2007090502ATTERDGEVILEMEDIA27/09/07 NO

29 CONVICTIONS 2006 April 2006 CNN Police Station and CAS No ClassDate to DPP DPP Decision Date of DPP decision JudgmentDate of judgmentSanctions 2004100054Eldoradopark CAS 157/10/2004 I29/11/2004Prosecute20/12/2004Guilty of Culpable Homicide 28/04/200605 Years Imprisonment June 2006 CNN Police Station and CAS No ClassDate to DPPDPP Decision Date of DPP decision JudgmentDate of judgmentSanctions 2003030182Orlando CAS 459/02/2003 I07/05/2003Prosecute28/05/2005Guilty of Murder21/06/200616Yrs Imprisonment August 2006 CNN Police Station and CAS No ClassDate to DPPDPP Decision Date of DPP decision JudgmentDate of judgmentSanctions 2002090028JHB Central CAS 2043/08/02 I01/10/2002Prosecute15/11/2002Guilty of Murder23/08/200608 Yrs Imprisonment declared unfit to posses a firearm November 2006 CNN Police Station and CAS No ClassDate to DPPDPP Decision Date of DPP decision JudgmentDate of judgmentSanctions 2006040072Alexandra CAS 124/04/2006 I25/04/200618/05/2006ProsecuteGuilty of Culpable Homicide 29/11/200605 Years imprisonment

30 April/06May/06June/06July/06August/06Sept./06Oct./06Nov./06Dec/06Jan./07Feb/07March/07TT Class I 864486610575574 April/07May/07June/07July/07August/07Sept./07Oct./07Nov./07Dec./07Jan./08Feb./08March/08 8776142264 CLOSED CASES CLASS I 2007/8 2006 Backlog = 42 2006 Current = 32 2007 Backlog = 33 2007 Current = 31

31 CLOSED CASES CLASS III 2006-2007 and 2007-2008 Class III April/06May/06June/06July/06Aug./06Sept./06Oct./06Nov./06Dec./06Jan./06Feb./06March/06Total 89889971066128100 April/07May/07June/07July/07August/0 7 Sept./07Oct./07Nov./07Dec./07Jan./08Feb./08March/08Total 35238462178211 2006 backlog = 74 2007 Backlog = 134 2006 current = 26 2007 Current = 77

32 CLOSED CASES CLASS IV 2006-2007 and 2007-2008 April/07May/07June/07July/07August/07Sept./07Oct./07Nov./07Dec./07Jan./08Feb./08March/08TT Class IV 04242102112322 April/07May/07June/07July/07August/07Sept./07Oct./07Nov./07Dec./07Jan./08Feb./08March/08 654911338 2006 Backlog = 22 2007 backlog = 38

33 MONITORING

34 MONITORING – Vision 2005 Less Monitoring and more Investigation –Monitor implementation of DVA –Monitor complaints against Municipal Police Services

35 Main Activities Monitoring of individual cases under SAPS investigation Post investigation monitoring of cases referred for prosecution Supervision of police investigations Implementation of DVA Conducting audits at police stations

36 MONITORING – Pro-active  “ Surprise” visits to police stations to identify factors or circumstances that promote escapes by suspects from lawful custody  Visits to police stations an unannounced basis due to complaints received of poor service  Visits to vulnerable communities in rural and farming areas were visited

37 DOMESTIC VIOLENCE Visits to stations to assess DVA readiness Assist in training SAPS members Visits with NGO’s on outreach programmes Community awareness in rural areas Liaison with SAPS and Justice officials

38 STATION AUDIT AND CELL INSPECTIONS PROACTIVE OVERSIGHT A total number of audits and cell inspection done was 28 on the period under review NODATE OF AUDITSTATIONNATURE OF AUDITFINDINGSRECOMMENDATIONS 1 25 April 2007VoosloorusStation Audit and Cell Inspection 508(b) not completed properly; copy of station orders was a 2005 copy; no list of Service providers; VEP not victim friendly and there is no privacy. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 2 25 April 2007 17 October 2007 KatlehongStation Audit and Cell Inspection Station complemented for the audit and the cell inspection as everything was at par with prescripts Complemented. 3 25 April 2007Lenasia SouthStation Audit and Cell Inspection DVA audit at par with prescripts, Protection order file could not be perused as it was not made available. Cell inspection - there was not water in the cells in the whole station, complainants complaint of not having washed on the day in question and cells had a bad stench due to un availability of water. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 4 9 May 2007MorokaStation Audit and Cell Inspection Station complemented for the DVA audit. The cell inspection - the cells were dirty and had no tissue papers and soap. One detainee a Mr Philani Phiri made allegations that he was assaulted by the arresting officer for domestic violence and was found bruised and bleeding, recommendations for him to be taken for medical attention were made and a case opened. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 5 15 May 2007JabulaniStation Audit and Cell Inspection Station complemented for the DVA audit, of concern was that the 508(b) was not completed properly. The cell inspection - the cells were dirty, no tissues and soaps were found. One juvenile Xolane Schemane was found in cells arrested for sodomy handed in by parents. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings

39 5 16 May 2007SandringhamStation AuditRelevant acts were found at the CSC, there were no copies of Protection orders and copies of DVA warrants of arrests; station order was a 2000 copy and no copies of 508(a) were filed. The station had no cells. Complemented. 6 28 May 2007OrlandoStation Audit and Cell Inspection Relevant acts found at the CSC of concern was that the 508(b) is not completed properly; 508(a) not filed Cell inspection – overall condition of the cells was dirty and there was no hot water taps. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 7 24 May 2007JeppeStation Audit and Cell Inspection All relevant acts were found at the CSC and 508(b) is not completed properly; 508(a) not filed. Cell inspection - cells dirty and had no hot water taps. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 8 24 May 2007Johannesburg CentralStation Audit and Cell Inspection All relevant acts were found at the CSC and 508(b) is not completed properly; 508(a) not filed. Cell inspection - cells dirty and had a stench; there were no toilet papers in some cells and female shower not in a working condition. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 9 23 July 2007Mamelodi WestStation Audit and Cell Inspection 508(b) is not completed properly; 508(a) not filed, the DV Act and the National Instruction were not found; Protection orders not filed and warrant of arrest not effect for a week on CAS 637/07/2007. Cell inspection - cells dirty in both male and female cells and there are no hot water taps. Staff members were helpful and assisted with the process. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 10 23 July 2007SilvertonStation Audit and Cell Inspection All relevant acts were found at the CSC and 508(b) is not completed properly; 508(a) not filed and no list of Service providers was found. Cell inspection - cells dirty and toilets not in working conditions, no hot water taps. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings

40 11 30 July 2007ClevelandStation Audit and Cell Inspection There were copies of relevant Acts readily available at the CSC except that the National Instruction is a draft copy; there are no copies of filed Protection orders and DVA warrant of arrests. The 508(b) could not be perused as it was not made available. Only two copies of 508(a) were filed. Overall cell condition not clean, there was a hot water tap. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 12 30 July 2007GermistonStation Audit and Cell Inspection There were copies of relevant Acts readily available at the CSC; the VEP was victim friendly except that the copy of Station orders was not found. The 508(b) was completed properly; copies of 508(a) were filed. Overall cell condition not clean, there was a hot water tap. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 13 30 July 2007AlbertonStation Audit and Cell Inspection There were copies of relevant Acts readily available at the CSC except that copies of Protection orders were not found. The 508(b) was not completed properly. The VEP could not be accessed as it was locked. Overall cell condition were clean, there was a hot water tap. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 14 17 August 2007LytteltonStation Audit and Cell Inspection Station complemented for the DVA audit, of concern was that the 508(b) was not completed properly. The cell inspection - the cells were dirty, a bag full of shoes with shoelaces and electrical cords allegedly left by illegal immigrants taken to Lindela were found in one of the cells. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 15 17 August 2007LaudiumStation AuditStation complemented for the DVA audit, of concern was that the station order was not found. The VEP was victim friendly. The station has no cells. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings

41 16 17 August 2007ErasmiaStation Audit and Cell Inspection 508(b) was completed properly. Protection orders and copies of warrant of arrests were filed. There were no copies of relevant Acts and prescripts readily available at the CSC as same were locket in the Station Commissioner’s office. VEP could not be accessed as it was locked. The cell inspection – male cells were found clean but with no hot water; female cells were not clean and had no lights. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 17 24 August 2007VanderbijlparkStation AuditStation complemented for the DVA audit, of concern was that the station order is a 2004 copy. The VEP was victim friendly. The station has no cells. Complemented. 18 24 August 2007De DeurStation Audit and Cell Inspection DV Act, list of Service providers, copies of DVA warrant of arrests were not found at the CSC; the National Instruction, file of Protection order were found. 508(b) was completed properly, 508(a) forms filed. Cell Inspection – cells were clean, no hot water taps and cells housing cash in transit detainees was dirty. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 19 24 August 2007BoipatongStation Audit and Cell Inspection Relevant Acts were found at the CSC, 508(a) forms filed, file of Protection orders found, copies of DVA warrants of arrests found and list of service providers found. The 508(b) was not properly completed. Cells inspection – the cells were not clean and there were hot water taps. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings

42 21 24 August 2007SebokengStation Audit and Cell Inspection Relevant Acts were found at the CSC, 508(a) forms filed, file of Protection orders found, but no copies of DVA warrants of arrests found and list of service providers found but to be updated and no copy of station orders was found. The 508(b) was not properly completed. Cells inspection – male cells were clean and there were no hot water taps, female cells were not clean and there was no hot water taps. Illegal immigrants arrested on the 17 August 2007 were still at the station on the 24 February 2007 with no hot water and working toilet. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 22 27 August 2007BrakpanStation Audit and Cell Inspection 508(a) and (b) were found in order, list of service providers in place, copies of Protection orders and DVA warrants of arrests found filed and there were no copies of relevant acts found at the CSC. Cell inspection – male cells were found dirty as 24 detainees which are all illegal immigrants had to use one toilet, detainees complained of not having taken a bath for a week. These detainees were arrested on the 21 August 2007 and were still in the cells on the 27 August 2007. One detainee Thembinkosi Mabina complained of having been assaulted by the arresting officer we recommended that a case be opened vide CAS 717/08/2007. Another detainee Neo Jambane complained of stomach pains and we recommended that he be taken for medical attention. A detained complained of being arrested with alleged stolen goods including R90000-00 and had not been given a receipt. SAP 13 and 22 were perused and there was no mention of the suspect’s name. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings

43 23 06 September 2007SpringsStation Audit and Cell Inspection The DVA audit could not be conducted as the CSC Commander was not available to provide us with the relevant documentation to be perused and audited. Cell inspection – male’s cells and toilets were clean and showers had hot water, female toilets and cells were found clean and had hot water and juvenile cells ere clean and showers had hot water. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 24 06 September 2007Crystal ParkStation Audit and Cell Inspection Copies of relevant acts and prescripts were found at the CSC, the 508(a) incident forms were filed, and 508(b) was not completed properly. Cell inspections – overall condition of cells were dirty and toilets not functioning, there were no showers or any place to take a bath. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 25 29 September 2007HillbrowStation Audit and Cell Inspection Station complemented for the DVA audit, of concern was that the 508(b) was not properly completed and there was no arch lever file for copies of DVA warrants of arrests. The VEP was victim friendly. The cell inspection – the cell conditions were not clean and the illegal immigrants were kept there more than 48 hours. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 26 29 September 2007YeovilleStation Audit and Cell Inspection 508(b) was not properly completed, there was no arch lever file for copies of DVA warrants of arrests, copy of Station orders undated and no list of Service providers was found. The VEP was not victim friendly and there was no permanent member on standby to oversee volunteers. Relevant acts were found at the CSC. The cell inspection – the overall cell conditions were clean and there were hot water taps. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings

44 27 29 September 2007BramelyStation Audit and Cell Inspection 508(b) was not properly completed, the 508(a) were found filed, there was arch lever file for copies of DVA warrants of arrests, copy of Station orders was undated and a list of Service providers was found. The VEP was not victim friendly. Relevant acts were found at the CSC. The cell inspection – the overall cell inspection was clean and there were hot water taps. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings 28 28 September 2007LaanglagteStation Audit508(b) was not properly completed, there was arch lever file for copies of DVA warrants of arrests, no list of Service providers found and the copy of undated station order was found. The VEP was victim friendly. Relevant acts were found at the CSC. They were requested to indicate what steps they envisaged implementing or had already implemented to remedy the mentioned shortcomings

45 AWARENESS CAMPAIGNS The following awareness campaigns were either organized or attended by ICD on invitation: PROVINCEDATEVENUEAUDIENCEICD ROLE Gauteng 20/03/2007Katlehong HallCommunity members, SAPS, NGO’s and ICD Presentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act as this was a Human Rights event 13/04/2007Leeuhof Prison350 Juvenile inmates, male and female sections and Correctional Service’s Management Presentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act 14/04/2007Klipspruit StadiumPresidential EventThe Department exhibited and provide the community members with promotional materials and clarified others on the ICD mandate 16/04/2007Johannesburg PrisonAll awaiting trial prisonersPresentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act 17/04/2007Emdeni Library Grounds Different Government DepartmentsThe Department exhibited and provide the community members with promotional materials and clarified others on the ICD mandate 21/04/2007Lenasia SouthSAPS, Dept. of Social Security, CPF, Community members and ICD The Department exhibited and provide the community members with promotional materials and clarified others on the ICD mandate

46 28/05/2007Orlando Community Hall Government Departments and community members Children’s week event (children in conflict with the law) 06/06/2007Johannesburg Central SAPS SAPS and the CommunityPresentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act 06/06/2007Diepkloof SAPSSAPS and the CommunityPresentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act 07/06/2007Jeppe SAPSSAPS and the CommunityPresentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act 07/06/2007Thembisa Hospital SAPS, hospital staff and patients Presentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act 08/06/2007Thembisa SAPSSAPS and the CommunityPresentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act 08/06/2007Moroka SAPSSAPS and the CommunityPresentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act

47 07/06/2007Jabulani SAPSSAPS and the CommunityPresentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act 07/06/2007Kagiso SAPSSAPS and the CommunityPresentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act 27/06/2007Braamfontein160 persons attended from the Community, Ikhaya le Themba and SAPS Presentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act 28/06/2007Braamfontein168 persons attended other stakeholders were SAPS, and the community Presentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act 28/06/2007Coptic Orthodox Church Tembisa Community members and NGO’s, ICD and SAPS Presentation conducted on the mandate of the ICD and the mandate in regards to the Domestic Violence Act

48 WORKSHOPS PROVINCEDATEVENUEAUDIENCEICD ROLE Gauteng 07/03/2007Germiston Police Station HallSAPS Crime Prevention Gauteng Presentation on DVA was delivered 19/03/2007Benoni Mechanical SchoolSAPS Station Commissioners Presentation on DVA was delivered 10 /09 2007Putfontein Police StationSAPS Crime Prevention and other staff Presentation on DVA was delivered 27& 28/06/2007Parktonian HotelGovernment Departments, NGO’s, SAPS and Municipal structures Planner workshop for Walkabouts in hotspots and dilapidated building and bushes to curb crime against Women and Children

49 Application for exemption received in 2007/8 1.May 2007 2.July 2007 3.August 2007 4.September 2007 02 01

50 Criminally (Attempted Murder) the suspect was acquitted and departmentally (DVA) he was fined R500

51 CHALLENGES Implementation of DVA by SAPS –Training on legislation Expanded mandate re: Municipal Police Services –Training in prescrits, regulations etc. New research projects –weaknesses in SAPS disciplinary mechanisms –SAPS training

52 Challenges Inaccessibility of ICD to the public especially in rural communities Lengthy period taken to discipline SAPS members Failure by SAPS t 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 fraction of DVA complaints Shortage of staff to do DVA station audits there is only one monitor Nil report of consolidated returns sent whereas as Stations and Provincial Commissioner has cases sent for intervention and investigations Application for exemptions are received by this office but same does not appear on consolidated returns

53 Thank You


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