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Department of Safety and Liaison Eastern Cape Presented by ZV Kani 06 September 2017

This report assesses the implementation of the Domestic Violence Act in South Africa, focusing on police compliance and management of non-compliance. Findings include issues with documentation, training, and victim-friendly rooms. Recommendations are made to improve compliance.

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Department of Safety and Liaison Eastern Cape Presented by ZV Kani 06 September 2017

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  1. Department of Safety and Liaison Eastern Cape Presented by ZV Kani 06 September 2017 “BUILDING SAFER COMMUNITIES”

  2. Introduction • The Domestic Violence Act, 1998 (Act No.116 of 1998) herein referred to as the DVA, places a number of obligations on the South African Police Service (SAPS) and other state departments with regard to its implementation. • The DVA is aimed at providing victims of domestic violence with maximum protection from domestic abuse. • The Department is mandated by the Civilian Secretariat for Police Service Act, 2011 (Act No. 2 of 2011) to monitor and evaluate SAPS’ compliance with the DVA, and make recommendations to the police service on disciplinary procedures and measures with regard to non-compliance with the DVA. • This is done through conducting police station monitoring visits and engagements with civil society organisations.

  3. Objective and Scope • The objective of the report is to provide information on the status of DVA implementation, compliance by the police and the management of non-compliance by the SAPS management. • In assessing the compliance level, the department conducted announced monitoring visits at one hundred (100) police stations. • These police stations represented a mixture between stations that serve urban, peri-urban and rural areas • The scope of the monitoring visits focused on • compliance (registers, forms and implementation), • training of members on the DVA, Sexual Offences Act, Child Justice Act and the Victim Empowerment Programme and the • status of victim friendly rooms (VFRs) at police stations.

  4. Methodology • A DVA Monitoring Tool (DVAT) was developed nationally for use in assessing DVA compliance and implementation by police stations • The DVAT is administered through perusal of relevant documents and interviewing various component heads and members that are responsible for the implementation of DVA at the police stations. • At the beginning of the assessment process, the monitoring team meets with the police station management for a briefing session on what is expected and what will be required throughout the monitoring process. • After the completion of the assessment, a debriefing session is held with the police station management to provide feedback. • The aim of the debriefing session is to highlight the key findings emanating from the monitoring visit as well as areas that need immediate corrective action.

  5. Organizational Environment • The Department’s head office is situated in King William’s Town, Taylor Street • There are seven districts viz: • Alfred Nzo – Mount Ayliff • Amathole – East London • Chris Hani - Queenstown • Joe Gqabi - Aliwal North • Nelson Mandela - Port Elizabeth • OR Tambo – Mthatha • Sarah Baartman – Port Elizabeth

  6. Organisational Environment DSL • Our total staff compliment is 148 • A district has a total average staff of 7 officials • Each district has a maximum of two Client Liaison Officers (NB – Staff turnover) SAPS • There are 196 police stations in the province under 22 clusters • The provincial population is at +- 7 000 000 • The total police personnel is 19 062 • 15 341 are operating under the Police Act with • 3 721 operating under the Public Service Act

  7. Summarised Statistics Period - April 2015 to March 2016 • Total Sexual offences = 8 797 • Reduced on average at a rate of 5% from previous years For period 2016, the high crime stations were: • Mthatha • Ngqeleni • Lusikisiki • KwaZakhele • Bethelsdorp • New Brighton • Motherwell • Mount Frere • Idutywa

  8. Departmental Targets - 2016 -2017 fin year • 100 DVA audits were planned and conducted • 4 quarterly reports on the above were compiled

  9. Victim Friendly Rooms - Compliance • According to the Victim Empowerment National Instruction 2 of 2012, the purpose of a Victim Friendly Room is to provide an opportunity for victims of intimate violence to make their statements in private within a non-threatening environment and also to provide basic emotional and practical support to victims in a confidential and non-threatening manner. • It was found that 20 police stations did not have VFRs, 27 had but these were not resourced and 53 had and these were resourced and fully functional • Three (3) police stations did not have DV coordinators.

  10. Findings from the visits • List of organizations and Form 1 documents that should be kept in the patrol vehicles were sometimes not available at some police stations • Form 1 was not available • Lists of organizations were available but not updated at police stations • There were few VISPOL, Detectives and support services members trained on DVA, Sexual Offences Act, Child Justice Act and Victim Empowerment Programme in 57 police stations • SAPS (508) and Form 2 forms were not available • Twenty nine (29) police stations got less than 50% and therefore, they did not comply with the DVA, the National Instructions and the Standing orders. • Station orders not available at some police stations • At 57 police stations few VISPOL, Detectives and support services members were trained

  11. Compliance levels by police stations • None of the 100 police stations visited for monitoring purposes were found to be fully compliant with the DVA • Of the 100 only 27 were found to be significantly compliant, whilst 44 were found to be partially compliant and 29 police stations not compliant at all. • There was a general shortage of vehicles at various police stations

  12. SAPS MEMBERS AS OFFENDERS

  13. Recommendations by the Dept • List of organizations and Form 1 documents that should be kept in the patrol vehicle must be made available. • VFR’s at police stations should be made available and resourced by SAPS even if a certain office is allocated for it. • Vispol, Detectives and support services should get DVA, Sexual Offences Act, Child Justice and Victim Empowerment training from the police stations listed. • SAPS 508 (non-compliance) register and Form 2 should be kept and be made available even if there are no recorded cases. • The Provincial office of Safety and Liaison and SAPS Provincial office should re-visit the stations. The purpose of re-visiting is to give assistance to stations especially those who scored less than 50% with respect to compliance with the DVA. This practice will help struggling police stations to upgrade their standards.

  14. Progress on implementation of recommendations • Since the beginning of October 2016 there has been a concerted effort by the SAPS to implement all recommendations on the implementation of the DVA to the extent that there have been new orders from the Provincial Commissioner not only for the implementation of the DVA but all other monitoring and oversight recommendations .

  15. Departmental Interventions • The department and the SAPS established a joint working committee that is responsible for the implementation of all monitoring and oversight recommendations including for the implementation of the DVA. • Joint programmes to assist police stations by the two dept’s have been rolled out • On the job training is conducted at police stations by the departmental officials and this is assisting the implementation of the Act • A joint work session was conducted at Provincial level to ensure that both the SAPS and the departmental officials understand both the Act and its National Instructions.

  16. Departmental Interventions 2 • The department has partnered with the Office of the Premier in placing 43 Apprentice that are going to be placed in 13 SAPS garages. • The department has partnered with the Department of Social Development in training forensic investigators and detectives to deal with domestic violence/ gender based violence. • The department has partnered with NYDA in training two hundred and fifty (250) police constables through out the province

  17. Departmental Challenges • Limited human and financial resources to implement the Civilian Secretariat for Police Service and the Independent Police Investigative Directorate Acts

  18. Thank You “MAXIMUM COMMUNITY PARTICIPATION TOWARDS SAFER COMMUNITIES”

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