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13 November 2002 The Minister for Safety and Security, Mr Charles Nqakula, has tabled the 2002 Domestic Violence Act (DVA) Parliamentary Report of the Independent Complaints Directorate (ICD) in Parliament, on Wednesday, 13 November 2002. This is the fourth report to be tabled by the ICD, and the first for the year 2002. The overall number of DVA cases dealt with during the period January - June 2002 is a total of 48, of which 5 were applications for exemption from prosecution, 36 public complaints reported directly to the ICD and 7 were cases where disciplinary proceedings have been instituted against SAPS members who failed to comply with an obligation imposed in terms of the DVA. Compared to the period January - December 2001, the number of cases dealt with was 135, of which 1 was an application for exemption, 80 public complaints reported directly to the ICD while cases where disciplinary proceedings have been instituted against SAPS members who failed to comply with an obligation imposed in terms of the DVA numbered 54. Our report for 2001 covered the entire year of which the comparison made herein relates only to the cases which were reported "pending" and carried over to the current period, of which these total 135, of the 135, 74 are still pending, 32 closed, 16 finalised and 13 withdrawn. The 48 cases dealt with represent a decrease compared to the 135 for the period 2001. However, it cannot be said that domestic violence complaints have indeed decreased because there is still communities which do not know the DVA and the ICD's mandate in terms of the Act. The ICD is still experiencing problems with regard to cases which were reported as "pending investigation" by the SAPS, from as far back as the year 2000. We are also concerned about the few applications for exemption received during the period under review. For example in Gauteng, complaints of non-compliance are disposed of without having been referred to the ICD for exemption from prosecution and as such this indicates a deviation from the National Instructions and the Act, because the ICD has the sole authority to decide that a police member should be granted exemption from internal prosecution in the SAPS. The other problem, which is cause for concern, is the withdrawal of cases by complainants against members of SAPS. This needs to be addressed. The ICD will, however, intervene where it appears that the complainant has been unduly influenced to withdraw the case. We will educate communities about the importance of correcting the culture of non-compliance in that they should not withdraw their complaints against perpetrators. We are still of the opinion that an in-depth training intervention would in fact assist the SAPS to understand the social complexity of domestic violence. Recently the SAPS in partnership with SAMDI launched a training programme on the DVA. The ICD, SAPS and MPS management have committed themselves to joining hands in making sure the Act is implemented efficiently and effectively. The ICD will continue to engage communities through awareness and community outreach programmes, as this will help to educate communities regarding the Act and their rights manifested therein. The Executive Director of the ICD, Adv Karen McKenzie said: "There is an indication that there is a decrease of cases of non-compliance of the Act by the SAPS and I hope that this signals that members of the SAPS are gradually becoming more conversant with its implementation".
Steve
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