15 March 2001

1.  Introduction
2.  Cases dealt with by the ICD
3.  Particulars of matters reported to the ICD
4.  Applications for exemption
5.  Consolidated returns received from SAPS
6.  Readiness of SAPS to implement the DVA
7.  Cases where the complainants subsequently withdraw the complaint
8.  Conclusion
9.  Definition
10.Annexure A (Please note that this file is in .pdf format (35 kb).  Click here for instructions on how to open it.)

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.

The ICD has formulated the Policy for Monitoring of the Implementation of the DVA by the SAPS which aims to put in place guidelines in terms of which its statutory obligations under the DVA are complied with.

In terms of the aforementioned ICD policy, matters dealt with by the ICD 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 recommendations as to whether to grant the exemption or to prosecute the member.

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

These are cases where 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; and complaints of statutory non-compliance by the SAPS which have not been brought to the attention of the SAPS. Such cases 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 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 = 1

• 1 case pending

Total number of DVA2 cases = 65

• 14 cases finalised
• 4 cases withdrawn
• 44 cases pending

• 3 cases closed

Total number of DVA3 cases = 49

• 9 cases finalised
• 38 cases pending
• 2 cases withdrawn

THE OVERALL NUMBER OF DVA CASES DEALT WITH BY THE ICD IS HUNDRED AND FIFTEEN (115)

3. PARTICULARS OF MATTERS REPORTED TO THE ICD

Unlike in the first six (6) months of the year 2000, the ICD has experienced an increase in receipt of complaints reported to it directly and reported to it by the SAPS. This may be attributed to the community’s awareness of the DVA and the duties it imposes on the SAPS (See Annexures A, B and C for details). However it is a different case in the North West Province. Our Provincial Office has never handled any domestic violence cases since the promulgation of the DVA.

4. APPLICATIONS FOR EXEMPTION

Only our KwaZulu Natal office has received such an application. The recommendations will soon be forwarded to the SAPS.

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.

There are cases where consolidated returns have been forwarded to us in compliance with clause 14(4) of the National Instructions, which 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 report. It is difficult to monitor the progress of matters reported to us by the SAPS due to this problem.

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

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

The ICD Provincial Offices that have received nil returns are:

• North West
• Northern Province

The ICD Provincial Offices still awaiting consolidated returns 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. In the last six (6) months of the year 2000 we had an opportunity to visit police stations in the Gauteng Province, the Eastern Cape and KwaZulu Natal to observe their readiness in implementing the DVA.

In the Gauteng Province the police stations’ readiness was observed during the period of the "16 days of activism of no violence against women" (See Annexure D for details).

In the Eastern Cape we covered East London, Queenstown, Grahamstown, Port Elizabeth Drakensburg and the Karoo. The only areas which have not yet been covered are Umtata and Uitenhage.

Findings:

• In all the stations visited, Station Orders were not properly compiled or not done at all.

• The stations have a problem with victims of domestic violence being sent back to the police stations by court officials to obtain protection orders.

• Due to lack of transport, most often protection orders are not served and end up piling up in the Community Service Centres. The Sheriffs refuse to assist the police with the serving of the protection orders. This means that the victims remain vulnerable.

• Lack of shelters for abused women is one of the major problems that the police have to deal with when handling domestic violence cases.

• SAPS members still need training on how to handle domestic violence cases.

When our Eastern Cape Office visited Kidds Beach police station on a suicide case, the station was found to be more than ready to implement the DVA. It maintains all the registers in terms of the National Instructions, and they were all up to date

In KwaZulu Natal the observations were conducted at Hlabisa, Hluhluwe, Mkhuze, Vryheid, Paulpietersburg, Ezingolweni, Mehlomnyama and Gamalakhe police stations.

Findings:

• Out of the eight (8) police stations visited, it is only Mkhuze and Paulpietersburg which kept proper SAPS 508 registers, and had specific officials charged with the responsibility of handling domestic violence complaints.

• Some of the stations had not received training yet and thus the members are not familiar with the DVA and the National Instructions.

• Most of the police stations are not ready to implement the DVA.

Our findings in KwaZulu Natal are contrary to the impression created by the nil consolidated returns forwarded to us by the SAPS in the same province.

7. CASES WHERE THE COMPLAINANTS SUBSEQUENTLY WITHDRAW THE COMPLAINT

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 offender is brought to book or whether the charge should indeed be withdrawn. This kind of problem would be much simpler to deal with if the ICD were in a position to exercise a discretion. 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 proceedings.

8. CONCLUSION

The volume of complaints received by the ICD somewhat reflect that the community is gradually becoming aware of the rights conferred by the DVA to victims of domestic violence. However this does not mean that we should stop educating the community in this regard. For example our Northern Province Office received a report from SAPS that members are not familiar with the DVA while on the other hand we still receive nil consolidated returns from the SAPS. This is contradictory, and it may mean that the Northern Province community is not aware of the rights conferred by the DVA and the duties it imposes on the SAPS. Therefore complaints against SAPS members will not be lodged if the community is not aware of what is expected of the SAPS, nor insist on its rights.

In-depth training is 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) should also be addressed since it contributes to inefficient service delivery by the SAPS.

All stakeholders must ensure that the public is aware of its rights in terms of the DVA, and also assist SAPS in its implementation since they are the first line of help that victims of domestic violence report their cases to.

The ICD is committed to co-operating with the SAPS in order to ensure efficient service delivery to the public.

9.  DEFINITIONS

1. Independent Complaints Directorate (ICD)
2. South African Police Service (SAPS)
3. Community Service Center (CSC)
4. Institute for Democracy in South Africa (IDASA)
5. National Institute for Crime Prevention and Reintegration of Offenders (NICRO)
6. People Against Human Rights Abuse (PAHA)
7. The Domestic Violence Act 116 of 1998 (DVA)
8. The National Instructions No. 20778 (National Instructions)
9. Non-Governmental Organisations (NGO)