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Reports
Released
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~ ~ ~ ~ Report on 16 days of activism ~ ~ ~ ~ Paper on prevention of police torture ~ ~ ~ ~ Briefing to the PC on Safety and Security (pdf) ~ ~ ~ ~ Annual Report 2000/2001 (pdf) ~ ~ ~ ~ Budget Vote Speech ~ ~ ~ ~ |
5. Summary of findings The ICD was involved in the activities around the "16 days of activism of no violence against women" which commenced on 25 November 2000 and culminated on 10 December 2000. The major part of our activities, were visits to police stations to observe their readiness in implementing the Domestic Violence Act 116 of 1998 (See Annexure A). During the said period we had an opportunity to address SAPS Pietersburg regarding violence against women, and we were also invited by SAPS Katlehong to take part in their "Intimate Femicide Awareness Campaign". 2. ADDRESS TO SAPS PIETERSBURG Our first activity for the "16 Days of activism" was in the Northern Province at SAPS Pietersburg, on 25 November 2000. Our decision to visit the station was motivated by the tragedy in which Inspector Erasmus of SAPS Pietersburg shot dead his wife who also held the rank of Inspector at the same station and was also a member of the Domestic Violence Unit, with his colleague’s service firearm. The Executive Director, Adv McKenzie and the Station Commissioner addressed SAPS members on violence against women and domestic violence. The main issue that was deliberated upon was the forging of a partnership between the ICD, SAPS and the community and other stakeholders in preventive action regarding violence against women and children. 3. KATLEHONG INTIMATE FEMICIDE AWARENESS CAMPAIGN On 07 December 2000 we took part in the "Intimate Femicide Awareness Campaign" in Katlehong which was organized by SAPS Katlehong in conjunction with NICRO. The campaign entailed a march from Mosako Street (next to Kwesine Hostel) to the new Katlehong police station, a commemoration of all victims who died as a result of domestic violence and presentations by Government Departments and NGO’s regarding their roles in eliminating domestic violence. The Provincial Commissioner of Gauteng was informed about the visits as well as the Station Commissioners of the respective stations. The following SAPS stations were visited:
The Objective The objective was to observe the readiness of the SAPS in implementing the DVA because in terms of the said Act the ICD is obliged to monitor such implementation by the SAPS. The aim was also to record best practices, detect any problems that the SAPS may be experiencing in carrying out its duties in terms of the DVA and identifying areas where the ICD could be of assistance to the SAPS. Methodology The methodology entailed interviewing SAPS members at station level, perusal of the SAPS 508 registers and inspection of the Community Service Centres as well as the Trauma Centres. The interviews were conducted at the police stations, and the interviewees were usually the Station Commissioner, the Commanders of the Community Service Centre (CSC) and the officers charged with handling domestic violence matters. A uniform questionnaire was used in this regard. However, given the disparities in the nature of the various police stations visited, it was impossible to apply the uniform questionnaire in every situation. Limitations We were well received in all the aforementioned SAPS stations except at SAPS Sebokeng where we were unsuccessful in obtaining an appointment with the Station Commissioner due to malfunctioning of their telephone lines. The Station Commissioner, Senior Superintendent Maseola and Inspector Rieckert confirmed that their telephone lines have been malfunctioning for weeks. They rebutted the claims of a certain Inspector who argued that no attempts were made by ourselves to secure an appointment with the Station Commissioner, and that the ICD had no right to peruse their registers and observe their readiness in implementing the DVA. Nevertheless, the Station Commissioner made it clear that the fault is not on our part and that they are willing to work with us. He further made it clear that the ICD is welcome to visit the station at anytime. The interviewees were the Station Commissioner: Director Ndopu and Inspector Phukubje who is in charge of the CSC. Registers The station maintains a domestic violence register and the incidents are properly classified, however it is not the proper SAPS 508 register. Registered complaints are checked by Captain Bvuma to ensure that proper action has been taken in respect thereof, and that an accurate record of the complaints is kept. Training Training of members is an ongoing process and it is conducted by Inspector Khoza and Inspector Phukubje. Every member in the CSC is familiar with the DVA, and has a manual containing the DVA, the National Instructions No. 20778 and the Station Regulations which they can consult when they need clarity on issues pertaining to domestic violence. Cases where SAPS members are perpetrators Such cases are not treated differently from those of civilians. If the safety of the victim is threatened, the member is disarmed and detained. The firearm will only be returned if the victim makes a statement to the effect that he/she is not threatened by the perpetrator possessing a firearm. The victim is informed of his/her rights irrespective of whether he/she wants to lay a charge against the perpetrator or not.- Problems experienced in implementing the DVA The complainants do not normally know what they need the police to assist them with, and this makes it difficult for police to provide a proper service. Lack of shelters is a serious problem, however it is in the process of being addressed. The interviewees were the Station Commissioner: Director Makhale, Superintendent Mbhele, Inspector Hlungwane and Mrs Netshidzati of NICRO. Domestic violence complaints are handled by the CSC. The station does not have a unit that deals specifically with domestic violence complaints. Registers The station maintains a domestic violence register, though it is not the proper SAPS 508 register. Training All the members were trained by SAPS itself with the assistance of NICRO, and they are now at the evaluation stage. The DVA, the National Instructions and the Station Regulations are accessible to members who work in the CSC whenever they need clarity on issues of domestic violence. Workshops are held on a monthly basis to ensure that members are well informed and up to date in this regard. Cases where members are perpetrators The station has never dealt with such a case. In a situation where a member is reported and it is found that he/she is in possession of a service firearm, it will immediately be confiscated, and the victim will be referred to social services. The firearm will only be returned if the Station Commissioner is satisfied that the member is still fit to possess it, and that the victim’s safety is not threatened by such a member. Shelters for abused women There are no shelters for abused women in Katlehong . However, there is one which is still under construction at Seruma View in Katlehong. SAPS is liaising with NICRO regarding the unavailability of shelters and the latter is trying to assist by getting all the stakeholders involved. The CSC still has to develop a resource list for referrals, and stakeholders have been requested to assist with the provision of their details in this regard. The SAPS provides support to the victims, and where necessary they assist with transport and also ensure that protection orders are served on the perpetrators. The station does not have a Trauma Centre, and as a result the complainants suffer secondary victimization due to lack of privacy when reporting their cases. Best Practice Mrs Tsakane Netshidzati, a social worker from NICRO, is based at the station. When the police get complaints of domestic violence they refer victims to her for support services. For example, in cases where the victims are not sure of the recourse they want, she informs them about all the remedies available to them. The social worker gets feedback from the victims about the members’ service, and thus far positive feedback has been received. Problems experienced in implementing the DVA Lack of vehicles hampers service delivery especially in situations where protection orders have to be served and where scenes have to be attended. There is no Trauma Centre at the station and as a result there is no privacy when handling the complaint. However, at the new station under construction at present, it will be made available and will be operating on a twenty four (24) hour basis. The Clerks of the Court do not assist the illiterate victims to fill in the application forms for protection orders, and in most cases the victims are not granted protection orders because the forms have been improperly completed. The Clerks of the Court also do not pay attention to what the victims want and have a tendency of stating incorrect information on the application forms. The victims are also not informed about their return court dates for the final orders. In most cases the victims are sent from pillar to post by the Department of Justice. NICRO is to have an urgent meeting with the Department of Justice in this regard. The community accuses SAPS of doing nothing about domestic violence not knowing that the courts also have a role to play. Police members at this station are not well informed about the requirements of the White Paper on Public Service Transformation (Batho Pele Service Delivery). The only interviewee available on 03 November was Inspector Maphanga who was unable to respond to all of our questions. As a result we had to conduct a second interview on 10 December 2000 with the said Inspector and Inspector Mahesu. Registers The station maintains a register though it is not a proper SAPS 508 register. Training All members were trained by senior members of SAPS and have a precedent on the statement to be taken in these matters. Shelters for abused women There are no such shelters in Mamelodi, as a result they have to refer the victims to shelters around Pretoria where there is always a problem of overcrowding. The station does liaise with the relevant NGO’s where necessary. Inspector Mahesu and Inspector Dladla are responsible for liaison. In most cases they refer the victims to PAHA and Child Welfare for counselling. Rape cases are handled by female officers, however, they do not enjoy privacy because there is no Trauma Centre at the station. Cases where SAPS members are perpetrators The station does have such cases. The firearm is immediately withdrawn in cases where a member is threatening his/her partner, and is under the influence of alcohol and in possession of a firearm. It will only be returned when the Station Commissioner deems it fit to do so. Cases of non-compliance with the DVA No such cases have been reported. Problems experienced in implementing the DVA
The interviewees were Captain Lekganyane, Inspector Phele and Inspector Bhuda who handle domestic violence complaints. Registers They maintain a register of domestic violence cases though it is not the proper SAPS 508 register. The station is awaiting the proper one which they have already ordered. They also maintain a register in which the progress of domestic violence cases is recorded, and after every action has been taken the Station Commissioner will append his signature to confirm that the matter has been finalised with the police and every necessary action was taken. Training Each and every member was trained by Senior Superintendent Malesela and Inspector Bhuda. There is a videotape on procedure to be followed by the SAPS when handling domestic violence complaints which is shown after every two months to ensure that the officers are up to date. There is also a manual which can be consulted by members for clarification. Trauma Centre The station does have a Trauma Centre but it is not operative at this stage. Victims do not have privacy when reporting their cases. IDASA assists the station with providing the victims with support services. Shelters for abused women There are no shelters for abused women in the vicinity of the station. The CSC is used as a shelter in some cases. However, in most cases they explore other avenues like contacting the victim’s next of kin and friends, or detain the perpetrator to ensure safety of the victim. Cases where SAPS members are perpetrators A different incident form prescribed by the National Instructions is used in such cases. The first step is confiscation of the service firearm and it is stored in the SAP 13 until the matter is resolved. Thus far the station has never received a complaint against any of its members. Cases of non-compliance with the DVA Sergeant Mpiriane handles complaints against SAPS members. At this stage no such complaints have been received. Problems experienced in implementing the DVA
The interviewees were the Station Commissioner: Director Mthombeni, Superintendent Mafokane and Inspector Makobedi. Registers The station maintains a proper SAPS 508 register, and also keeps a record of complaints received, incident forms, protection orders and warrants of arrest in terms of the National Instructions. The CSC handles the complaints, however there are specific officers who execute warrants in terms of the protection orders. According to the register there is an increase of domestic violence complaints on a monthly basis, and this may be a reflection of victims’ awareness of services offered by the SAPS in this regard or their confidence in SAPS. Training SAPS have trained all the members itself. They also have manuals which contain the DVA, National Instructions, the Station Regulations and the names and contact numbers of other stakeholders. Trauma Centre The station has a Trauma Centre, and the victims have privacy when lodging their complaints. Shelters for abused women There are no shelters for abused women in Soweto and as a result the station is always forced to contact the victim’s next of kin and friends or arrest the perpetrator. The station has been liaising with NICRO regarding this problem, but have not yet brought it to the attention of the relevant Government Departments. Cases where SAPS members are perpetrators There are cases where members are involved, and at times the victims report to the Station Commissioner because they do not want to lay a charge against their partners. The Station Commissioner would inform them of their rights before he intervenes, and the SAPS Social Services would also be involved. Where a member is under the influence of alcohol and is threatening his partner, the service firearm is confiscated and a statement is made by the victim. In such cases a member may be declared unfit to possess a firearm for a certain period. There is a problem of receiving one-sided stories, and this makes it difficult for the station to arrive at a proper decision as to whether to return the firearm or not. The officer who attended the scene also has to make a statement regarding the circumstances in which the firearm was confiscated. Cases of non-compliance with the DVA There are no complaints received thus far, and there is no particular officer who handles such cases. The Station Commissioner determines who will be charged with the responsibility depending on the nature of the complaint. A register is maintained for such complaints in terms of Standing Order 101. The Station Commissioner gives the assignees brought forward dates in order for him to monitor the progress of the cases. Problems experienced in implementing the DVA
The interviewees were Captain Motlhala and Inspector Chauke who handles domestic violence cases and manages the Trauma Centre. Registers A proper SAPS 508 register is maintained as well as a register for protection orders that have been served, and copies of such protection orders are filed. Training All the members have been trained by Inspector Chauke, and NICRO sponsored the said training. A summary of the DVA and the National Instructions have been drafted for the officers in case they may need clarity. Victim Support Centre The station has a Victim Support Centre at Legae Clinic. The Centre is three (3) kilometres from the station, and it also serves as a shelter for abused women. It is regarded as a "one stop service" because the victims get assistance from the SAPS, doctors, social workers and psychologists, and they also get shelter. Inspector Chauke is always on standby after office hours to ensure that victims get assistance on a twenty four (24) hour basis. The station also makes use of the services of volunteer social workers based at SAPS Soshanguve. Cases where SAPS members are perpetrators Normal procedures apply even in such cases though the incident forms differ from those used in cases where perpetrators are civilians. The cases are also reported to the Area Commissioner and then the departmental procedures take place. Problems experienced in implementing the DVA
Proposals from the station
The interviewees were the Station Commissioner: Superintendent Naicker, Captain Mhlari and Inspector Mbili. Registers The station maintains a proper SAPS 508 register. The CSC Commander checks all the registers to ensure that every complaint is registered properly, and by so doing they are able to identify domestic violence cases which have been registered as common assault cases. Analysis of the crimes reported is done on a daily basis. Training Members were trained by SAPS itself with NICRO’s assistance. The Station Commissioner certified that every member had received training on how to handle domestic violence cases. A manual which includes the DVA, National Instructions and the Station Regulations was compiled. The manual is accessible to the members in the CSC. ers for abused women The sShelttation has a Trauma Centre which allows victims to have privacy when lodging their complaints. For counselling the victims are referred to the Discovery shelter in Roodepoort, though in less serious cases CPF volunteers assist. Due to lack of shelters in Soweto the victims are usually referred to the Walter Sisulu shelter in Noordgesig, Krugersdorp shelter and the Discovery shelter in Roodepoort, though there is always a problem of overcrowding. Nevertheless it is the Walter Sisulu shelter which is likely to assist the station in most cases. Cases where SAPS members are perpetrators There seemed to be confusion in this regard, however, according to Captain Mhlari there is only one such case and it is still pending. In such cases the first step is to disarm the perpetrator to ensure that the victim is safe. Such a member would only possess the firearm while on duty. If the case is of a serious nature the member’s duties are changed to ensure that he/she does not possess a firearm at all. The procedure in handling these cases depends on the facts. Cases of non-compliance with the DVA Thus far the station has no such cases, however there is a register for complaints against SAPS members. The Crime Office works hand in hand with the CSC in this regard. Problems experienced in implementing the DVA
Proposals from the station
The interviewees were the Station Commissioner: Senior Superintendent Maseola and Inspector Mokoena. Registers The station maintains a proper SAPS 508 register. The register is locked away over the weekends because the station does not receive many domestic violence complaints over weekends. Inspector Mosia who handles domestic violence cases only works during office hours, however she is always on standby over the weekends. Training Domestic violence training is an ongoing process, and it is conducted by Inspector Radebe and Inspector Mosia. Trauma Centre The station has a Trauma Centre which functions only during office hours. Over the weekends it is locked for control purposes. However, Inspector Mosia is always on standby. The station has twelve (12) volunteers from the community who assist in the Trauma Centre and the CSC. Shelters for abused women There is a very serious problem in this regard. When the DVA was promulgated the Station Commissioner was approached by several organisations and individuals about the establishment of shelters for abused women. According to the former, it was apparent during their negotiations that those who were keen to manage the shelters thought it would be a lucrative exercise. As a result most of the shelters never materialised and others were never sustained. In a situation where a victim needs shelter the station has no option but to contact the victim’s next of kin or friends. The Station Commissioner discourages the use of the CSC as a shelter because that subjects the victims to secondary victimisation. Cases where SAPS members are perpetrators Male officers are always involved as perpetrators. However, some of the cases can be easily concealed because the mindset of most of the members have not yet changed. It is quite easy for them to discourage spouses of their fellow colleagues from lodging complaints against them. Nevertheless in cases where an officer is a perpetrator, his service firearm is immediately withdrawn. As to what decision has to be taken regarding the firearm depends on the facts of the case. Cases of non-compliance with the DVA No such complaints have been received, however according to the Station Commissioner this may not be a true reflection of the situation. He argues that the manner in which domestic violence complaints are handled depends on the members’ mindset and how well they understand their duties in terms of the DVA and the National Instructions. The station has a specific officer who handles complaints against SAPS members. Problems experienced implementing the DVA
Proposals from the station
Based on the aforesaid findings we recommend that:
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