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Assessment of Court Processes and Systems in Implementation of the Domestic Violence Act

This draft report presents an assessment of court processes and systems in the implementation of the Domestic Violence Act of 1998. The report reviews the implementation of the act, identifies strengths and weaknesses, and proposes steps to strengthen the quality of services. The assessment covers three provinces and 3 magistrates' courts per province. Findings highlight operational challenges such as poor record-keeping, unsigned protection orders, weak administration, inadequate court record management systems, and limited use of existing service providers. The report also identifies policy gaps and key actions undertaken to address the challenges.

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Assessment of Court Processes and Systems in Implementation of the Domestic Violence Act

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  1. DOJ & CDASSESSMENT OF COURT PROCESSES AND SYSTEMS IN THE IMPLEMENTATION OF THE DOMESTIC VIOLENCE ACT 116 OF 1998DRAFT REPORT Presentation to Portfolio Committee on Women, Youth, Children and People with Disabilities November 2009

  2. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA Research Review of Implementation of Domestic Violence Act and Programmes of the DOJ &CD • Assessment of Court Processes and Systems – in the implementation of the DVA • Assessment of Programmes implemented by the DOJ&CD in the past ten years Assessment of Court Processes and Systems – Implementing the DVA Objectives: 1. To identify the strengths and weaknesses in the current administrative and management systems, processes and procedures in the implementation of the DV Act in order strengthen it; and 2. To identify steps to be taken to strengthen the quality of services in the implementation of the DV Act.

  3. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA Assessment Areas: • Three Provinces and 3 Magistrates’ Courts per province: • Northern Cape (Colesberg, Carnarvon and Douglas) • North West (Lehurutshe, Mmabatho and Taung) • Eastern Cape (Butterworth, Ngqeleni and Whittlesea) • Methodology: • Assessment of Court Records – 50 per site – total 450 • Interviews with personnel – Court Clerks, Magistrates and Prosecutors • Literature Review – Studies on implementation of the DV Act

  4. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA Findings Identified – Relating to Operational Challenges • Lack of prior costing of the DVA negatively impacted on proper planning, costing and monitoring systems; • Poor Record Keeping; Quality of Applications and Incomplete Court Records identified and has potential bearing on the effectiveness of the DVA; • Unsigned Protection Orders whilst low in percentage risks the validity of the Protection Orders Granted; • Weak Administration and Management of Service of Protection Orders;

  5. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA Findings Identified – Relating to Operational Challenges • Capturing of use of dangerous weapons is not appropriately reflected on applications with a potential negative impact on the outcomes of the applications; • Lack of mechanisms to manage the turn-around times in the application process and outcomes of the protection orders between the courts and the police/sheriffs; • Inadequate court record management system including between the court and the Police Stations and the Sheriff ; • Inadequate systems to link court records between the civil and the criminal processes indicated by the low recording of breaches of domestic violence.

  6. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA Findings Identified – Relating to Operational Challenges • Limited use of existing service providers, outside of the police, in referrals made from courts to other services providers. • Lack of/Inadequate infrastructure and human resources at court level as well as inadequate training of the various role players involved in the processing of domestic violence applications • Need for a national interdepartmental forum to address policy, monitoring and evaluation and programmatic issues related to the prevention and management

  7. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA Findings Identified – Relating Policy Gaps • Interim housing – discussions with Department of Human Settlements; • Counselling and social assistance – Department of Social Development; • Medical and psychological assistance and support – Department of Health; • Victim support services to extend to treatment of depression; anxiety and life skills for personal growth • SAPS victim support rooms to be fast tracked and rolled-out to all the police stations • Children witnessing domestic violence are not adequately exposed to programmes to address the effects of domestic violence through Schools, Hospitals, Courts and Police Stations

  8. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA Findings Identified – Relating Policy Gaps • Co-ordination with NGO service providers; • Develop target based plan and funding for existing and for establishment of more shelters; • Victim support services to extend to treatment of depression; anxiety and life skills for personal growth

  9. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA Key Actions Undertaken to Address the Challenges • Letters to key role players are being addressed to key role players to develop common strategies to address the challenges. • Circulars are used to address short term operational issues related to addressing the operational challenges e.g. transfer of domestic violence complainant’s file from one jurisdiction to another • Domestic Violence Monitoring and Evaluation Tool is being developed for the DOJ &CD and will include both programme and legislative indicators • A Joint Development Session was held with clerks, magistrates and some regional heads to develop Domestic Violence Business Process as part of the Integrated Case Management System (ICMS) for Family Law • Cooperation with NPA on Safety Plan Project and the development of Statistical Tool

  10. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA Recommendations for Action DOJ & CD • Establish and Co-ordinate the Domestic Violence Planning and Monitoring Forum reporting to the VEP Management Team at least twice a year; • Guidelines for clerks for standardised services; • Existing data base of service providers extended to other officers in the cluster; • Pursue Intersectoral training of CJS officials; • Coordinate national plan with targets and costs addressing domestic violence service infrastructure and human resources needs; • Put in place visible Sign Posts to all domestic violence sections in courts.

  11. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA General Recommendations • Violence Against Women and Children must be prioritised and must be linked to appropriate budgets; • Establishment of domestic violence Reduction, Prevention and Empowerment Strategy to provide exit point for victims of domestic violence; • JCPS Cluster to link with the Social Cohesion and Human Development Cluster and the Economic, Investment and Employment Cluster to address needs of victims that go beyond mandate of VEP • All the departments need to investigate, plan, budget and monitor the impact of domestic violence. (continued to the next page)

  12. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA General Recommendations • Need for the development of departmental Monitoring and Evaluation Tools with appropriate indicators for monitoring their impact of domestic violence interventions. • Domestic Violence Cluster Task Team to be established which must inter alia co- ordinate Cluster interventions as well as co-ordinate generic training and sensitisation; and report to the VEP Management Forum Department of Social Development. • Safety Plan Tool as a victim empowerment and support tool developed by the SOCA unit in conjunction with the DOJ & CD; NHTL, SAPS and DSD to be facilitated as a best practice model of victim support tool to be used by all the Cluster departments upon approval by the VEP and JCPS Cluster.

  13. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA DVA Role Player Recommendations and Actions • Departments to develop Costing and Cost Tracking Tools for domestic violence services to assist in proper planning, budgeting and monitoring of services provided to victims of domestic violence. • Facilitate the establishment of the Integrated Case Management System that is being developed within the DOJ & CD to facilitate case tracking within the cluster in order to:- • Monitor time cycles for applications for protection orders; • Monitor time cycles for service of protection orders by police and sheriffs; • Facilitate the execution of warrants of arrests; • Monitor the prosecution for breach of protection orders etc.

  14. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA Recommendations: DOJ&CD, SAPS & BOARD FOR SHERIFFS • Develop Domestic Violence Protocols between the DOJ & CD, SAPS and the Board for Sheriffs.

  15. ASSESSMENT OF COURT PROCESSES AND SYSTEMS - DVA Questions? THANK YOU

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