DVA Reports ICDJan – Dec 2007

Presentation to Portfolio Committee on Safety and Security

18 June 2008

independent complaints directorateDepartment:Independent Complaints DirectorateREPUBLIC OF SOUTH AFRICA

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Legislative Mandate• In terms of the Domestic Violence Act 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 68 of 1995; and the Independent Complaints Directorate, established in terms of the said Act must forthwith be informed of any such failure reported to the South African Police Service.

• Furthermore, the ICD must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4)(a), setting out the recommendations made in respect of such matters.

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Types of non-complianceThe DVA Report presents a factual analysis of cases of non–compliance with the Domestic Violence Act (DVA) by members of the South African Police Service (SAPS) and the recommendations made to address same. The type of cases of non–compliance with the DVA addressed in these reports include: a) failure to effect warrants of arrestb) failure to advise complainants of options (e.g. failure to advise

complainant to lay a criminal charge, or apply for a protection order, or both)

c) failure to assist complainants to open cases, d) failure to issue or furnish a subpoena, e) failure to refer the victim to a place of safety, f) failure to seize firearms, and g) failure to serve protection orders.

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What the ICD does

• Investigation of non-compliance or• Referral for investigation/disciplinary action• Conducting DVA audits • Processing applications for exemption• Awareness campaigns, and• Conducting workshops with SAPS members

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National DVA Intake Jan-Dec 2007

Province Jan-Jun 07 July-Dec 07 Total Prov. Share

Eastern Cape 3 3 6 5%

Free State 5 5 10 8%

Gauteng 24 13 37 30%

KwaZulu-Natal 5 3 8 7%

Limpopo 3 3 6 5%

Mpumalanga 2 0 2 2%

North West 5 9 14 11%

Northern Cape 1 2 3 2%

Western Cape 18 19 37 30%

Total 66 57 123 100%

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Comparison between 2006 and 2007 - Intake

Province Jan-Jun06 Jan-June07 Jul-Dec06 Jul- Dec07

Eastern Cape 5 3 5 3

Free State 3 5 12 5

Gauteng 12 24 6 13

KwaZulu-Natal 1 5 3 3

Limpopo 3 3 6 3

Mpumalanga 1 2 4 0

North West 5 5 8 9

Northern Cape 4 1 5 2

Western Cape 12 18 9 19

Total 46 66 58 57

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Failure to serve protection order

Province Jan-Jun 07 July-Dec 07 Total

Eastern Cape 0 1 1

Free State 0 3 3

Gauteng 0 2 2

KwaZulu-Natal 1 1 2

Limpopo 1 1 2

Mpumalanga 0 0 0

North West 2 1 3

Northern Cape 0 0 0

Western Cape 0 0 0

Total 2 14 16

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Failure to advise complainant of options, such as applying for a protection order, laying charges ,etc

Province Jan-Jun 07 July-Dec 07 Total

Eastern Cape 0 1 1

Free State 2 3 5

Gauteng 0 1 1

KwaZulu-Natal 2 0 2

Limpopo 2 1 3

Mpumalanga 0 0 0

North West 3 2 5

Northern Cape 0 0 0

Western Cape 10 5 15

Total 19 12 31

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Failure to effect warrant of arrest

Province Jan-Jun 07 July-Dec 07 Total

Eastern Cape 1 1 2

Free State 3 3 6

Gauteng 24 2 26

KwaZulu-Natal 4 0 4

Limpopo 1 1 2

Mpumalanga 2 0 2

North West 2 1 3

Northern Cape 1 1 2

Western Cape 6 2 8

Total 44 11 55

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Failure to open a criminal docket or refer the matter for prosecution

Province Jan-Jun 07 July-Dec 07 Total

Eastern Cape 1 1 2

Free State 2 2 4

Gauteng 0 4 4

KwaZulu-Natal 0 2 2

Limpopo 1 1 2

Mpumalanga 0 0 0

North West 1 4 5

Northern Cape 0 1 1

Western Cape 0 4 4

Total 5 19 24

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Failure to serve a subpoena to the respondent

Province Jan-Jun 07 July-Dec 07 Total

Eastern Cape 0 1 1

Free State 0 0 0

Gauteng 0 4 4

KwaZulu-Natal 1 0 1

Limpopo 1 1 2

Mpumalanga 0 0 0

North West 2 0 2

Northern Cape 0 0 0

Western Cape 2 9 11

Total 6 15 21

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Applications for exemption

Province Jan-Jun 07 July-Dec 07 Total %

Eastern Cape 0 1 1

Free State 0 3 3

Gauteng 0 4 4

KwaZulu-Natal 0 0 0

Limpopo 1 1 2

Mpumalanga 0 0 0

North West 2 1 3

Northern Cape 0 0 0

Western Cape 0 4 4

Total 3 14 17

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Comparison of Intake vs Applications for exemption

Province Intake Applications Proportion

Eastern Cape 6 1 17%

Free State 10 3 30%

Gauteng 37 4 11%

KwaZulu-Natal 8 0 0%

Limpopo 6 2 33%

Mpumalanga 2 0 0%

North West 14 3 21%

Northern Cape 3 0 0%

Western Cape 37 4 11%

Total 123 17 14%

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Overview of ComplianceJan-Dec 2007

• Gauteng – out of 37 cases of non-compliance received by Gauteng , there were 4 applications for exemption from internal prosecutions. 2 cases were exempted, and in 1 case the disciplinary steps are pending against the member

• Western Cape – also, 37 cases received by WC, there were 4 applications for exemption from internal prosecution, 1 case exemption was granted

• KZN-out of 8 cases of non-compliance with the DVA, there were no applications for exemption

• EC- out of 6 cases, no application for exemption was received• Limpopo – out of 6 cases, there was 2 application for exemption • Mpumalanga- out of 2 cases of non-compliance received, there were no application• North West – out of 14 cases of non-compliance, there were 3 applications for

exemption• Free State – out of 10 cases received, there were 3 applications for exemption• Northern Cape – received 1 case, there was no applications for exemption

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Areas looked at during audit

1.1 Is a copy of Domestic Violence Act (DVA) readily available in CSC?

1.2 Is there an updated list of service providers in Community Service Centre (CSC)?

1.3 Is there an updated list of service providers in each vehicle?

1.4 Is a copy of National Instruction 7/1999 readily available in CSC?

1.5 Is a Domestic Violence Registers, SAPS 508 (b) in CSC?

1.6 Are all reported DVA incidents recorded in the Domestic Violence Register 508 (b)?

1.7 Are SAPS forms 508(a) readily available in CSC and properly maintained?

1.8 Are all responses to domestic violence incidents recorded on SAPS forms 508 (a)?

1.9 Are the SAPS 206 (pocket book) of members thoroughly maintained?

1.10 Are monthly procedures of File 39/4/2/3 on DVA incidents maintained? (Returns)

1.11 Are procedures of SAPS 10 (Occurrence Book) on DVA thoroughly maintained?

1.12 Are all protection orders served (zero outstanding protection orders)?

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Areas looked at during audit (cont...)

1.13 Are copies of every protection order received filed? (39/4/3/1)

1.14 Are copies of every warrant of arrest received filed? (39/4/3/1)

1.15 Are female members assigned on each shift?

1.16 Is a Victim friendly care centre readily available?

1.17 Is a register maintained of all complaints against members i.t.o. non-compliance to DVA?

1.18 Are all non-compliance DVA records of members recorded on forms SAPS 508?

1.19 In cases of non-compliance by members, were disciplinary proceedings instituted?

1.20 If no steps have been taken against members, did they apply for exemption?

1.21 Were recommendations / steps taken / exemption from disciplinary procedures recorded?

1.22 Are monthly returns in relation to disciplinary action adhered to by commanders?

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Proactive Oversight Activities –Station Audits 2007

Province Number

Eastern Cape 34

Free Sate 102

Gauteng 41

KwaZulu-Natal 13

Limpopo 33

Mpumalanga 12

North West 11

Northern Cape 12

Western Cape 26

Total 279

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Level of Compliance -Station Audits• Eastern Cape – Out of 34 stations that were visited, only 5 stations that complied

Bityi, Butterworths, Aliwal North, NU 1 Madantsane, Port St Johns• Western Cape – conducted 26 station audits- 12 stations complied -

Caledon, Darling, Malmesbury, Philladelphia, Melkbostrand, Sea Point, Campas Bay, Ladysmith, Montagu, Ashton, Bridgeton, Oudshoorn

• Gauteng- out of 41 stations audits that were conducted, during Jan-Dec 2007, only 5 stations complied, viz PTA-West, Atteridgeville, Kagiso, Randfontein, Westonaria, Laudium

• KZN – Out of 13 stations visited, 1 station complied - Mpungamhlophe• Limpopo –conducted 34 station audits, and only 6 stations complied -

Motetema, Nebo, Mecklenburg, Senwabarwana,Letsitele, Sekgosese• North West – Out of 11 stations visited, there were only 3 stations that complied –

Zeerust, Lethlabile, Britz• Mpumalanga – visited 12 stations, and 5 stations complied - Lydenburg, White

River, Mhluzi, Nelspruit, Volksrust• Northern Cape – visited 12 stations, and none of the stations complied• Free State – conducted a special project, where they visited all stations, out of

102 stations that were visited, 60 stations complied

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Proactive Oversight - Findings

• Lack of understanding of the obligations to DVA• No feedback from police management regarding disciplinary action• Reluctance to take disciplinary action• Record keeping still a concern :- The 508(b) is not completed properly, as crucial information is not

recorded 508(a) forms not filed and some copies were not found in the file

but registered in the 508(b) No copies of station orders Domestic Violence Act and National Instruction not available The copy of service provider list not available or updated Copies of Protection Orders and warrants of arrest were not filed

properly No file of Domestic Violence warrants kept

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Challenges

• Failure to take disciplinary action against members• Failure by SAPS to 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

• Lengthy period taken to discipline SAPS members• Shortage of staff to do DVA station audits ,there are 9

monitors (1 monitor per province)• Inaccessibility of ICD to the public especially in rural

communities• Due to inaccessibility ICD is getting fraction of DVA

complaints

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THANK YOU