DVA Reports - ICD

1
DVA Reports - ICD

• Presentation to Portfolio Committee on Safety and
  Security
• 26 October 2007

2
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.

3
Types of non-compliance

• The DVA Report presents a factual analysis of
  cases of noncompliance 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 noncompliance with the DVA
  addressed in these reports include
• failure to effect warrants of arrest,
• 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)
  
• failure to assist complainants to open cases,
• failure to issue or furnish a subpoena,
• failure to refer the victim to a place of safety,
  
• failure to seize firearms, and
• failure to serve protection orders.

4
What the ICD does

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

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Non-compliance Intake Jan Dec 2005
Province Jan - June 2005 July - Dec 2005
Eastern Cape 2 1
Free State 3 17
Gauteng 22 9
KwaZulu Natal 2 5
Mpumalanga 3 2
Limpopo 8 4
Northern Cape 4 6
North West 11 12
Western Cape 21 9
Total 76 65
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Nature of non-compliance per provinceJan June
2005
NATURE OF NON-COMPLIANCE EC FS GT KN LP MP NW NC WC Total
Failure to effect the arrest of the Respondent 0 1 12 2 8 2 7 1 12 45
Failure to advise complainant of options 0 0 9 0 0 0 0 0 0 9
Failure to confiscate fire-arm from the respondent 0 0 1 0 0 0 0 0 0 1
Failure to assist the complainant, such as finding shelter, medical treatment etc. 2 1 0 0 0 0 0 3 8 14
Failure to serve a subpoena on the Respondent 0 1 0 0 0 0 0 0 1 2
Failure to advise the complainant to apply for a protection order 0 0 0 0 0 1 0 0 0 1
Failure to open a criminal docket and refer the matter for prosecution 0 0 0 0 0 0 2 0 0 2
Failure to keep a copy of the protection order after it has been obtained from Court 0 0 0 0 0 0 2 0 0 2
TOTAL 2 3 22 2 8 3 11 4 21 76
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Non-compliance proportionsJan June 2005
NATURE OF NON-COMPLIANCE Total Share
Failure to effect the arrest of the Respondent 45 59.2
Failure to advise complainant of options 9 11.8
Failure to confiscate fire-arm from the respondent 1 1.3
Failure to assist the complainant, such as finding shelter, medical treatment etc. 14 18.4
Failure to serve a subpoena on the Respondent 2 2.6
Failure to advise the complainant to apply for a protection order 1 1.3
Failure to open a criminal docket and refer the matter for prosecution 2 2.6
Failure to keep a copy of the protection order after it has been obtained from Court 2 2.6
TOTAL 76 100.0
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Nature of non-compliance per provinceJuly Dec
2005
NATURE OF NON-COMPLIANCE EC FS GT KN LP MP NW NC WC Total
Failure to effect the arrest of the Respondent 1 11 8 0 4 2 5 0 6 37
Failure to advise complainant of options 0 0 1 0 0 0 1 0 0 2
Failure to serve Protection Order 0 0 0 0 0 0 0 0 2 2
Failure to assist the complainant, such as finding shelter, medical treatment etc. 0 6 0 0 0 0 0 6 1 13
Failure to serve a subpoena on the Respondent 0 0 0 0 0 0 1 0 0 1
Failure to advise the complainant to apply for a Protection Order 0 0 0 0 0 0 2 0 0 2
Failure to open a criminal docket and refer the matter for prosecution 0 0 0 5 0 0 2 0 0 7
Failure to keep a copy of the protection order after it has been obtained from Court 0 0 0 0 0 0 1 0 0 1
TOTAL 1 17 9 5 4 2 12 6 9 65
9
Non-compliance proportionsJuly - Dec 2005
NATURE OF NON-COMPLIANCE Total Share
Failure to effect the arrest of the Respondent 37 56.9
Failure to advise complainant of options 2 3.1
Failure to serve Protection Order 2 3.1
Failure to assist the complainant, such as finding shelter, medical treatment etc. 13 20.0
Failure to serve a subpoena on the Respondent 1 1.5
Failure to advise the complainant to apply for a Protection Order 2 3.1
Failure to open a criminal docket and refer the matter for prosecution 7 10.8
Failure to keep a copy of the protection order after it has been obtained from Court 1 1.5
TOTAL 65 100.0
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Non-compliance Intake Jan Dec 2006
Province Jan - June 2006 July - Dec 2006
Eastern Cape 5 5
Free State 3 12
Gauteng 12 3
KwaZulu Natal 1 3
Mpumalanga 1 4
Limpopo 3 6
Northern Cape 5 5
North West 4 8
Western Cape 12 9
Total 46 55
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Nature of non-compliance per provinceJan June
2006
NATURE OF NON-COMPLIANCE EC FS GT KN LP MP NW NC WC Total
Failure to effect the arrest of the Respondent 2 0 11 1 1 1 1 3 12 32
Failure to advise complainant of options 1 0 1 0 0 0 1 0 0 3
Failure to confiscate fire-arm from the respondent 0 0 0 0 0 0 0 0 0 0
Failure to assist the complainant, such as finding shelter, medical treatment etc. 2 3 0 0 0 0 0 0 0 5
Failure to serve a subpoena on the Respondent 0 0 0 0 0 0 0 0 0 0
Failure to advise the complainant to apply for a protection order 0 0 0 0 0 0 0 0 0 0
Failure to open a criminal docket and refer the matter for prosecution 0 0 0 0 2 0 3 1 0 6
Failure to keep a copy of the protection order after it has been obtained from Court 0 0 0 0 0 0 0 0 0 0
TOTAL 5 3 12 1 3 1 5 4 12 46
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Non-compliance proportionsJan June 2006
NATURE OF NON-COMPLIANCE Total Share
Failure to effect the arrest of the Respondent 32 69.6
Failure to advise complainant of options 3 6.5
Failure to confiscate fire-arm from the respondent 0 0.0
Failure to assist the complainant, such as finding shelter, medical treatment etc. 5 10.9
Failure to serve a subpoena on the Respondent 0 0.0
Failure to advise the complainant to apply for a protection order 0 0.0
Failure to open a criminal docket and refer the matter for prosecution 6 13.0
Failure to keep a copy of the protection order after it has been obtained from Court 0 0.0
TOTAL 46 100.0
13
Non-compliance Intake Jan June 2007
Province Jan - June 2007
Eastern Cape 5
Free State 3
Gauteng 11
KwaZulu Natal 1
Mpumalanga 1
Limpopo 3
Northern Cape 5
North West 4
Western Cape 12
Total 45
14
Nature of non-compliance per provinceJuly Dec
2006
NATURE OF NON-COMPLIANCE EC FS GT KN LP MP NW NC WC Total
Failure to effect the arrest of the Respondent 3 9 2 1 5 4 5 1 7 37
Failure to assist the complainant, such as finding shelter, medical treatment etc. 1 0 0 0 1 0 0 0 1 3
Failure to serve a Subpoena / Protection Order on the Respondent 1 2 1 2 0 0 0 2 1 9
Failure to advise the complainant to apply for a protection order 0 0 0 0 0 0 1 0 0 1
Failure to open a criminal docket and refer the matter for prosecution 0 1 0 0 0 0 2 2 0 5
Failure to keep a copy of the protection order after it has been obtained from Court 0 0 0 0 0 0 0 0 0 0
TOTAL 5 12 3 3 6 4 8 5 9 55
15
Non-compliance proportionsJuly Dec 2006
NATURE OF NON-COMPLIANCE Total Share
Failure to effect the arrest of the Respondent 37 67.3
Failure to assist the complainant, such as finding shelter, medical treatment etc. 3 5.5
Failure to serve a Subpoena / Protection Order on the Respondent 9 16.4
Failure to advise the complainant to apply for a protection order 1 1.8
Failure to open a criminal docket and refer the matter for prosecution 5 9.1
Failure to keep a copy of the protection order after it has been obtained from Court 0 0.0
TOTAL 55 100.0
16
Nature of non-compliance per provinceJan June
2007
NATURE OF NON-COMPLIANCE EC FS GT KN LP MP NW NC WC Tot
Failure to effect the arrest of the Respondent 1 3 24 2 0 2 0 1 6 39
Failure to advise complainant of options 0 2 0 2 0 0 0 0 10 14
Failure to confiscate fire-arm from the respondent 1 0 0 0 0 0 0 0 0 1
Failure to assist the complainant, such as finding shelter, medical treatment etc. 0 0 0 0 2 0 0 0 0 2
Failure to serve a Subpoena / Protection Order on the Respondent 0 0 0 1 0 0 0 0 2 3
Failure to advise the complainant to apply for a protection order 0 0 0 0 0 0 3 0 0 3
Failure to open a criminal docket and refer the matter for prosecution 1 0 0 0 1 0 1 0 0 3
Failure to keep a copy of the protection order after it has been obtained from Court 0 0 0 0 0 0 1 0 0 1
TOTAL 3 5 24 5 3 2 5 1 18 66
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Non-compliance proportions Jan June 2007
NATURE OF NON-COMPLIANCE Total Share
Failure to effect the arrest of the Respondent 39 59.1
Failure to advise complainant of options 14 21.2
Failure to confiscate fire-arm from the respondent 1 1.5
Failure to assist the complainant, such as finding shelter, medical treatment etc. 2 3.0
Failure to serve a Subpoena / Protection Order on the Respondent 3 4.5
Failure to advise the complainant to apply for a protection order 3 4.5
Failure to open a criminal docket and refer the matter for prosecution 3 4.5
Failure to keep a copy of the protection order after it has been obtained from Court 1 1.5
TOTAL 66 100.0
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Applications for Exemption
  Jan-Jun 05 Jan-Jun 05 Jul-Dec 05 Jul-Dec 05 Jan-Jun 06 Jan-Jun 06 Jul-Dec 06 Jul-Dec 06 Jan-Jun 07 Jan-Jun 07 TOTAL TOTAL
Province Yes No Yes No Yes No Yes No Yes No Yes No
Eastern Cape 0 2 0 0 1 2 3 1 0 0 4 5
Free Sate 2 0 10 5 1 0 7 0 0 0 20 5
Gauteng 10 9 14 1 7 3 2 2 0 0 33 15
KwaZulu-Natal 0 0 1 1 1 0 1 0 0 0 3 1
Limpopo 3 4 3 0 3 0 2 4 1 0 12 8
Mpumalanga 1 1 1 0 1 0 1 0 0 0 4 1
North West 7 1 8 2 4 1 4 2 2 0 25 6
Northern Cape 4 0 6 0 4 0 5 0 0 0 19 0
Western Cape 11 1 3 1 6 0 7 0 0 0 27 2
Total 38 18 46 10 28 6 32 9 3 0 147 43
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Findings
FINDINGS Jan-Jun 05 Jul-Dec 05 Jan-Jun 06 Jul-Dec 06 Jan-Jun 07 Total
Substantiated 15 11 6 12 6 50 11.4
Unsubstantiated 25 22 12 19 3 81 18.5
Dismissed 14 10 7 4 1 36 8.2
Withdrawal 8 11 4 16 3 42 9.6
Unfounded 6 2 1 1 0 10 2.3
Resolved 68 56 30 52 13 219 50.0
TOTAL 136 112 60 104 26 438 100.0
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Police Station Audits

• See comprehensive list provided

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Challenges

• Inaccessibility of ICD to the public especially
  in rural communities
• Lengthy period taken to discipline SAPS 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
• Increase in police officers who are perpetrators
  of domestic violence
• Due to inaccessibility ICD is getting a fraction
  of DVA complaints
• Shortage of staff to do DVA station audits there
  are 9 monitors (1 monitor per province)

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Priorities 2007/2008

• DVA
• We will be conducting two research, one on
  the domestic femicide a case study on members
  of the South African Police and secondly a study
  of the factors contributing to SAPS
  non-compliance with the domestic violence act
• Forging working relationships with NGOs that
  deal with Domestic Violence

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Cont. Priorities 2007/08

• The Deputy President launched the 365 Day of
  National Action Plan to End Gender Violence. This
  means that ICD must raise more awareness about
  its mandate in respect of incidents of
  non-compliance with DVA and also to do more
  outreach programmes educating the public about
  their rights and where to go in case the police
  do not give them necessary support.

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Cont.

• Implementing a call center (National) where
  people can call and get assistance without
  actually traveling long distances to lodge a
  complaint

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• THANK YOU