TABLE OF CONTENTS

PART A

1. Introduction
2. Cases dealt with by the ICD
3. Particulars of matters reported to the ICD
4. Applications for exemption
5. Consolidated returns
6. Readiness of SAPS to implement the DVA

6.1 North West
6.2 Limpopo
6.3 Northern Cape

7. Cases where the complainants subsequently withdrew the complaints
8. Conclusion
9. Annexures:

Annexure A – DVA 1
Annexure B – DVA 2
Annexure C – DVA 3

PART B

Report on the 16 days of activism of no violence against women: 25 November – 10 December 2001

1. INTRODUCTION

In terms of s18 (5)(c) of the Domestic Violence Act 116 of 1998 (DVA) the ICD must every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of s18 (4) (a), setting out the recommendations made in respect of such matters.

However, during the year 2001, we suffered the sudden and tragic death of one of our stalwarts, Mr. Steve Tiro. Mr. Tiro was tasked to compile this report but unfortunately because of his death, it was not possible for us to table the report biannually as prescribed by the Act. This report thus covers the period from January to December 2001.

We wish to humbly apologize for this late tabling and commit ourselves to timeous tabling of these reports in future.

In terms of the ICD Policy for Monitoring of the Implementation of the DVA by the SAPS, matters dealt with are divided into three categories:

(i) Applications for exemption by the SAPS (DVA1)

In terms of the DVA and National Instructions 20778, such an application will be made by the commander of a police member who has not complied with his / her obligations in terms of the DVA. The ICD will then make a decision as to whether to grant the exemption from prosecution of the member.

(ii) Cases reported directly to the ICD (DVA2)

These are cases reported directly to the ICD by the public. This category is also divided into three subcategories, viz:

• Cases where domestic violence complaints have not been reported to the police first;
• Complaints of statutory non-compliance by the SAPS which have already been complained of to the SAPS;
• Complaints of statutory non-compliance by the SAPS which have not been brought to the attention of the SAPS.

• Cases which fall under this category (DVA2) are generally referred to the SAPS for investigation, and the ICD would monitor them.

(iii) Cases where disciplinary proceedings have been instituted (DVA3)

These are cases in which there was a failure by a member of the SAPS to comply with an obligation imposed in terms of the DVA and the necessary disciplinary proceedings were instituted by the SAPS against such member. In respect of such cases the ICD does not have to make recommendations in terms of the DVA, but to monitor the progress of the cases. However, the SAPS seem to be labouring under the assumption that the ICD has to make recommendations in respect of all the cases reported to it. In terms of the DVA, the ICD only makes recommendations in cases where a member has applied for exemption from prosecution as mentioned above.

2.  CASES DEALT WITH BY THE ICD

(Figure. A) DVA1 CASES

(Figure. B) DVA2 CASES

(Figure. C) DVA3 CASES

Total number of DVA1 cases = 3

• 1 case pending
• 2 finalised

Total number of DVA2 cases = 146

• 114 cases pending
• 2 cases withdrawn
• 15 cases finalised
• 15 cases closed

Total number of DVA3 cases = 73

• 53 cases pending
• 1 case withdrawn
• 6 cases finalised
• 13 cases closed

The overall number of DVA cases dealt with by the ICD was two hundred and twenty two (222)

3. PARTICULARS OF MATTERS REPORTED TO THE ICD

The ICD is still experiencing an increase in the number of complaints being reported to it directly, by both the public and the SAPS. This may be attributed to the community’s awareness of the DVA, the duties it imposes on the SAPS and the action taken by SAPS against members who do not comply with it (See Annexures A, B and C for details). However, the position is somewhat different in the North West Province, Northern Cape and Limpopo. Our office in the Northern Cape has never dealt with any domestic violence cases reported to it directly (DVA2) since the promulgation of the DVA. We have raised our concern in this regard in our previous report, and seemingly the communities in these provinces are still ignorant of their rights as conferred by the DVA.

4. APPLICATIONS FOR EXEMPTION

We have so far only received three applications for exemption. One application was received from the South Port police station in KwaZulu Natal. The other two applications were received from Hout Bay and Ashton police stations respectively in the Western Cape. We have finalized these applications.

5. CONSOLIDATED RETURNS RECEIVED FROM SAPS

Not all ICD Provincial Offices have received consolidated returns from the SAPS in terms of clause 14 (3) of the National Instructions. Despite having been in contact with the SAPS in this regard, none have been forthcoming.

Clause 14(4) of the National Instructions stipulates that where disciplinary proceedings against a member have not been completed, the return of the subsequent month must again contain particulars concerning the complaint. This clause is still not being complied with even though it was highlighted in our previous reports to Parliament. It is difficult to monitor the progress of matters reported to us by the SAPS due to this non-compliance.

A total number of 19 cases are still pending and most of them have been pending for a long time. This can only mean that no real progress has been made by the SAPS in finalising these cases. Every effort should be made to speedily resolve these cases, otherwise victims of domestic violence will lose confidence in the system that is currently in place to help them.

In Mpumalanga, our office received consolidated returns directly from the police stations instead of through the Provincial Commissioner’s office as stipulated in the National Instructions. This obviates the cumbersome procedure of having to go through all the structures before the ICD could receive the returns – it has alleviated the bureaucratic bottleneck.

In Gauteng, some police stations would deal with complaints received and finalize them without submitting applications for exemption. As a result of this, the cases are left open with the hope that applications will be submitted and be recorded accordingly. This contributes to the pending status of some cases reported to the ICD.

5.1 The ICD Provincial Offices that have received consolidated returns from the SAPS are:

• Gauteng
• Free State
• KwaZulu Natal
• Western Cape
• Eastern Cape
• North West

5.2 The ICD Provincial Office that has received nil returns is:

• Limpopo

5.3 The ICD Provincial Offices still awaiting consolidated returns for 2001 are:

• Northern Cape
• Mpumalanga

6. READINESS OF SAPS TO IMPLEMENT THE DVA

In terms of the DVA, the ICD is obliged to monitor its implementation by the SAPS. During the period covered by this report, we had an opportunity to visit police stations in the North West, Northern Cape and Limpopo to observe their readiness to implement the DVA.

6.1  In the North West Province the following police stations’ readiness was observed during May 2001:

• SAPS Mmabatho
• SAPS Mafikeng
• SAPS Lomanyaneng
• SAPS Madibogo
• SAPS Atamelang
• SAPS Itsoseng
• SAPS Lichtenburg
• SAPS Zeerust
• SAPS Lehurutshe
• SAPS Motswedi

Findings:

• Not all stations have SAPS 508 registers.
• Most of the police stations do not have a specific unit dealing with domestic violence cases nor specific officers handling such cases.
• The stations are not user-friendly, and domestic violence complainants are attended to at the Community Service Centre (CSC). It is only the Mafikeng police station which has a trauma centre.
• The lack of shelters for abused women in the surrounding areas of all stations visited is one of the major problems which the police have to deal with when handling domestic violence cases.
• Best practices were recorded at the Mmabatho police station. This station has a unit which deals specifically with domestic violence complaints, and it is staffed by four members of which two are always on standby. The only problem that hinders the work of the unit is lack of transport, which makes it impossible for them to respond to complaints timeously.

6.2  In the Limpopo Province the Mara police station was visited on 01 February 2001.

We found that the station maintains a proper SAPS 508 register and the Station Commissioner peruses it on a daily basis. However, there was a note in the register that members should always record the complaints and that the register had not been used for about two months. This note created the impression that not all cases of domestic violence were being recorded.

6.3 In the Northern Cape the following stations were observed during May 2001:

• SAPS Modderrivier
• SAPS Sunrise
• SAPS Philliptown
• SAPS Grobblershoop
• SAPS Colesburg
• SAPS Fraserburg
• SAPS Galeshewe
• SAPS Hartswater
• SAPS Windsorton
• SAPS Hopetown

Findings:

• Most of these police stations are not ready to implement the DVA.
• Not all the stations have SAPS 508 registers, and as a result it is difficult to keep track of cases.
• In most police stations, domestic violence complaints are attended to by male officers and this makes it difficult for female victims to be completely open with these officers. Rape victims are also forced to narrate their experiences to male officers who are not even trained on issues around gender sensitivity. In some of the stations female officers do not work night shift even though the staff complement does seem to allow the working of such a shift. As a result victims of domestic violence and those of rape are subjected to secondary victimisation.
• Basically there are not enough female officers performing operational duties at the aforementioned police stations. For example, at Windsorton police station there are no female officers who can attend to rape victims and domestic violence cases. The male officers have to take the victims to Barkley West, which is 40km away from the station, to get assistance from female officers.
• Some of the police stations such as Fraserburg do not operate at night, and therefore, victims of domestic violence in their respective jurisdictions cannot obtain assistance at night.
• In other stations, victims of domestic violence are assisted by male police officers because female officers work during the day only.

7. CASES WHERE THE COMPLAINANTS SUBSEQUENTLY WITHDREW THE COMPLAINTS

In cases where complainants withdraw their complaints against members of the SAPS and it is already evident that they have contravened the DVA and the National Instructions, it is not clear whether the ICD should continue to ensure that the offenders are brought to book, or whether the charges should indeed be withdrawn. This kind of problem would be much simpler to deal with if the ICD had power in terms of the Act to influence the decision one way or the other. For example, a case against a member stationed at Villeria police station was withdrawn solely on the basis that the complainant failed to attend the court proceedings. However, where it appears that the complainant has been unduly influenced to withdraw the charge, the ICD must and will intervene.

8. CONCLUSION

The volume of complaints received by the ICD somewhat reflects that communities are gradually becoming aware of the rights conferred by the DVA on victims of domestic violence. However, this does not mean that we should stop educating the communities in this regard. We are still experiencing problems in Limpopo, Mpumalanga and Northern Cape where we do not receive consolidated returns from the SAPS at all and are receiving a lesser volume of complaints reported directly to us, unlike in other provinces. For example, when observing the readiness of police stations in the Northern Cape in implementing the DVA, we found that some domestic violence cases are improperly registered as Assault GBH cases. It was therefore difficult to track the cases and to determine the problem areas of domestic violence in the province.

In-depth training is still required for the SAPS to understand the social complexity of domestic violence, and also to effectively and efficiently handle domestic violence cases. Station Commissioners must ensure that their members are familiar with the DVA and the National Instructions, and they must also compile Station Regulations. The question of lack of resources (like motor vehicles) is still a problem, which needs to be addressed since it contributes to inefficient service delivery by the SAPS.

A vigorous awareness campaign is required especially in the aforementioned problematic provinces to ensure that the public is aware of its rights in terms of the DVA, and also to assist SAPS in its implementation since they are the first port of call for victims of domestic violence.

The ICD continues to be committed to co-operating with the SAPS in order to ensure efficient service delivery to the communities we serve.

…………………………………
Adv KD McKenzie
Executive Director
Independent Complaints Directorate

Annexure A

INDEPENDENT COMPLAINTS DIRECTORATE

DVA 1 CASES

APPLICATION FOR EXEMPTION

KwaZulu Natal

Western Cape

Annexure B

INDEPENDENT COMPLAINTS DIRECTORATE

DVA 2 CASES

CASES REPORTED DIRECTLY TO THE ICD

Gauteng Province

Western Cape

Eastern Cape

Mpumalanga

Kwa-Zulu Natal

Limpopo Province

Free State

North West

Annexure C

INDEPENDENT COMPLAINTS DIRECTORATE

DVA 3 CASES

CASES WHERE DISCIPLINARY HEARINGS HAVE BEEN INSTITUTED BY SAPS

Gauteng Province

Free State

Western Cape

KwaZulu Natal

North West

Eastern Cape

MPUMALANGA

Annexure D

REPORT ON THE SIXTEEN DAYS OF ACTIVISM FOR NO VIOLENCE AGAINST WOMEN AND CHILDREN: 25 NOVEMBER – 10 DECEMBER 2001

A. INTRODUCTION

Our approach this year was of a proactive nature wherein we targeted vulnerable communities in rural areas, farm workers and those living in informal settlements.

B. OBJECTIVE

The main objective of visiting the said communities was to create awareness on the role of the ICD in the implementation of the Domestic Violence Act, (hereinafter referred to as DVA or the Act) and also to sensitize people to break the silence on abuse against women and children.

We also conducted police station audits aimed at assessing the SAPS readiness in the implementation of the Act. This activity was minimal as a result of a National Instruction issued by the National Commissioner of SAPS barring the ICD from visiting police cells and auditing police registers, in the absence of a formal investigation.

C. METHODOLOGY

Our modus operandi entailed identifying vulnerable communities and thereafter setting up appointments for awareness campaigns in certain communities. Some of our campaigns were conducted in partnership with the Gauteng Department for Safety and Liaison whereby the MEC and the Executive Director addressed those communities.

Posters and brochures outlining information on the general mandate of the ICD and its role in terms of the Act were distributed.

D. PROGRAMME OF ACTION

1. ROAD SHOW IN MAMELODI: 30 November 2001

The Gauteng Safety and Liaison Department in conjunction with SAPS Mamelodi and the CPF invited the ICD to participate in a road show which culminated in an awareness and information session and the community was addressed by the Director of Research and Development where brochures on the ICD and DVA were distributed among the community. Short speeches were also given at each and every stop station.

2. ZEEKOEIGAT: 1 December 2001

Zeekoeiegat is a farming area situated on the Moloto Road next to Kameeldrift police station. This area is dominated by farm workers who are migrant workers. The level of literacy in this area is very low and as such the rate of violence perpetrated against women and children is said to be high. In some cases, men were also found to be victims of domestic violence.

Our visit uncovered that the said community was not aware of the DVA, let alone the role of the ICD in terms of the DVA. We addressed the farm workers on our mandate and the DVA. We were referred to some of those who had been victims and could not find help. Allegations were that the police did not record their domestic violence complaints and most victims were advised by the police to go back home to address their problems without the police’s intervention. The complainants could not be traced at the time of the campaign but we requested their neighbours and friends to inform them about the ICD and to contact us for further assistance.

We distributed brochures in all the relevant languages, on the DVA and ICD and also put up posters entailing ICD addresses and contact numbers.

3. ROAD SHOW IN ATTERIDGEVILLE: 02 December 2001

The abovementioned road show was also organized by Gauteng Safety and Liaison. The road show culminated in a rally which was addressed by the MEC, Ms Nomvula Mokonyane, the Executive Director of the ICD, Adv Karen McKenzie, representatives from the Department of Justice and Constitutional Development, Local Councillors, NICRO and the local CPF. The audience consisted of children, men and women as well as elderly people.

Speeches presented were mainly based on the DVA and the duties of other role-players in the Act. People were encouraged to break the silence on all sorts of abusive practices. They were further advised on how to assist victims and who to call if victimized or after witnessing domestic violence. After the session, the audience was issued with brochures and posters on DVA and other organizations, which play pivotal roles in eradicating gender based violence.

4. SOSHANGUVE COMMUNITY RADIO STATION: 04 December 2001

Our presentation on the Soshanguve Radio Station was conducted in conjunction with SAPS Soshanguve and Garankuwa. We shared a slot and we received many questions on our role regarding the DVA. There were also questions based on our role in the transformation of the SAPS and our mandate in general. From the questions that were asked, it was clear that most people do not know the rights of individuals in terms of the DVA, the duties of the police as well as the mandate of the ICD.

The allocated slot was 45 minutes but it overlapped to an hour as a result of the influx of calls from listeners. Most listeners went to the extent of requesting that we should come back for more presentations on our role in terms of the Domestic Violence Act.

5. TEMBA: 05 December 2001

Our presentation at Temba was conducted at the Local Government offices and the audience comprised of members of the local authorities and NGOs. There was a clear indication of the fact that there is a high number of complaints pertaining to domestic violence and further that the police were reluctant to intervene when requested to. The role of the ICD was not known and there was a plea that there should be a much more intensive community outreach programme by ourselves.

We were also requested to form a partnership with the local authorities and local NGOs in order to access communities.

6. MAUBANE VILLAGE: 08 December 2001

Maubane Village is situated on the old Pietersburg road next to the Carousel Casino. This presentation was the highlight of our campaign. The arrangement was done in partnership with the Local Ward Councillor, who extended invitations to the Tribal Authority and the neighboring villages.

The audience comprised of the elderly, the youth, women and children. It culminated with a road show around the Maubane village. The road show was attended by approximately 500 people.

The Executive Director of the ICD, Advocate Karen Mckenzie and the Provincial Head of the ICD North West, Mr. Matthew Sesoko, made presentations about the DVA, the role of the ICD in terms of the Act and our overall mandate as well as the guidelines as to how to deal with victims of domestic violence.

There was also a presentation by Advocate Molly Malete, the Managing Director of Pelo’tshwana Consultants whose main business is to assist victims of domestic violence with counselling as well as assisting such victims in applications for Maintenance Orders and Protection Orders.

E. PROVINCIAL ACTIVITIES

Our provincial offices were also engaged in a number of activities, which were done in partnership with our stakeholders. Our Gauteng Office was invited to attend public meetings in the Vaal area, East Rand and Soweto. The representatives gave short speeches on our overall mandate and our role in terms of the DVA. Brochures and other publicity materials were distributed in those meetings.

The North West Office in conjunction with the Standing Committee on Safety and Liaison and the SAPS visited the Kgomotso community. This was subsequent to complaints received by both the SAPS management and the ICD regarding the service of the local police station. The community had gathered to voice their frustration about the station. The SAPS management (Area Commissioner), representatives of the Standing Committee and the ICD were given a platform to make a presentation on their respective roles and mandate. It was uncovered that the police officers serving in that station did not know their actual role in terms of the Act and did not receive any training in the DVA. It was subsequently addressed with the Provincial Commissioner and he committed himself to conducting an audit on training regarding the DVA.

In Mpumalanga the ICD attended a provincial rally held at Delmas. The main speaker was the Honourable Premier Mahlangu. This office visited SAPS Matsulu, Barberton, Kanyamazane and Nelspruit. The aim of the visit was to inspect the readiness of the SAPS to implement the Act.

Our Free State Office addressed people who attended a march organized by the Bolokanang Women Support group in Petrusburg. They marched to the local police station where a memorandum was handed to the Acting Station Commissioner and the local Chief Magistrate. The march was attended by approximately 200 people and the ICD made a presentation on its mandate and its role with regard to the DVA. They also attended a "Breakfast for Men" organized by the Commission on Gender Equality where the men committed themselves to eradicate violence against women and children. Donations were made to victims of violence as part of the commitment. The Commission for Gender Equality organized a Gender Dialogue where the ICD formed part of the panel who unpacked the DVA to an audience of approximately 250 people who had attended the event.

Our Limpopo Office also attended a number of events organized by other government departments.

The Western Cape Office conducted police station audits aimed at assessing the SAPS readiness to implement the Act. Five stations were visited, namely, Mitchells Plain, Khayelitsha, Paarl-East, Cloetesville, Grassy Park and the following problems were encountered regarding the implementation of the Domestic Violence Act:

• Certain stations do not have Domestic Violence Registers and a list of agencies, as required in terms of the DVA.
• Complaints of Domestic Violence are handled in the same manner as other criminal cases.
• The implementation of the Domestic Violence Act at certain stations only commenced in April 2001.
• Most stations experience problems with human and material resources e.g. vehicles, safe houses, etc.
• Stations are not submitting statistics of disciplinary steps taken against members for non-compliance as per the National Instructions and DVA.
• Not all incidents of domestic violence are being recorded.
• The time periods taken to attend to scenes are problematic because of other priority cases and/or shortage of personnel/vehicles.

It is important that continuous training be offered to members dealing with domestic violence cases. Shortage of vehicles also contributes to the lengthy periods taken to attend to complaints, which could possibly be detrimental to complainants. There also exists a shortage of personnel. It is important that directives be kept in vehicles (in accordance with the SAPS National Instructions). Generally the main problems contributing to domestic violence, in these areas, seems to be unemployment and substance abuse.

F.  CONCLUSION

In conclusion, the ICD had initially planned to visit the 20 priority stations which had received the highest number of cases pertaining to violent crimes against women and children, however, there was a National Instruction issued by the National Commissioner of Police precluding the ICD from auditing registers and other specific issues within police stations. This instruction gave Station Commissioners the authority to preclude the ICD from attending at police stations to execute on its mandate.

There are still police officers who have not received training on the DVA. This was discovered through audits conducted in the North West and Western Cape. Against this background, it is obvious that it is possible that the problem could be prevailing in many police stations hence we still do not receive consolidated returns from certain areas. For as long as the SAPS management continues to preclude the ICD from assisting in identifying the weaknesses at certain stations, civilians will continue to receive poor and insensitive service from untrained members.

On the positive side, our modus operandi has identified a number of issues, which will help the ICD to continue nourishing the good relationship we have established by reaching out to vulnerable communities. People who did not know of the existence of the ICD, let alone its mandate are now fully aware that they are able to lodge a complaint against the police. The overall support we got was overwhelming and most of the communities we visited actually pleaded with us to revisit them for the purpose of conducting awareness and information sessions.