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2. LEGISLATIVE MANDATE Domestic Violence Act 116 of 1998 - Section 18 Failure by a member of the South African Police Service (SAPS) to comply with an obligation imposed in terms of the Domestic Violence Act 116 of 1998 (DVA) or the National Instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Service Act, 1995
The ICD must forthwith be informed of any such failure reported to the SAPS
Unless the ICD directs otherwise in any specific case, the SAPS must institute disciplinary proceedings against any member who allegedly failed to comply with an obligation
The ICD must, every 6 months, submit a report to Parliament regarding:
the number and particulars of matters reported to it, and
set out the recommendations made in respect of such matters
The National Commissioner of the SAPS must, every 6 months, submit a report to Parliament regarding steps taken as a result of recommendations made by the ICD.
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3. 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.
3 TYPES OF NON-COMPLIANCE
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Referral for investigation/disciplinary action;
Conducting DVA audits;
Processing applications for exemption;
Awareness campaigns; and
Conducting workshops with SAPS members.
4 WHAT THE ICD DOES
5. 5 NATIONAL DVA INTAKE JAN-DEC 2009
6. 6 COMPARISON BETWEEN 2008 & 2009 INTAKE
7. 7 NON-COMPLIANCE WITH DVA BY DESCRIPTIONS
8. 8 NON-COMPLIANCE WITH DVA BY DESCRIPTIONS cont.
9. 9 NON-COMPLIANCE WITH DVA BY DESCRIPTIONS cont.
10. 10 APPLICATIONS FOR EXEMPTION
11. 11 COMPARISON : Intake versus Applications for Exemption
12. GAUTENG - out of 39 cases received , there were 7 applications for exemption, 11 cases were closed as unsubstantiated, and 1 case is pending closure as substantiated and the members involved were given written warnings.
WESTERN CAPE - out of 26 cases received, there were 5 applications for exemption from internal prosecution, 2 case exemptions were granted, and 3 cases were closed as unsubstantiated, and in 1 matter the person was disciplined and transferred.
KZN - out of 4 cases received, there were no applications for exemption.
EC - out of 7 cases received by the EC, no application for exemption was received, 1 case was closed as substantiated and a member was given a verbal warning.
LIMPOPO - out of 5 cases received, there was 1 application for exemption, 3 cases were closed as unsubstantiated.
MPUMALANGA - out of 4 cases received, there were no application for exemption.
NORTH WEST - out of 5 cases of non-compliance, there was 1 application for exemption.
FREE STATE - out of 20 cases received, there were 10 applications for exemption granted, and these cases were closed as unsubstantiated, and 1 case was closed as withdrawn.
NORTHERN CAPE out of 13 cases received, there were 3 applications for exemption, 5 cases were closed as unsubstantiated.
12 OVERVIEW: COMPLIANCE Jan - Dec 2009
13. 13 AREAS LOOKED AT DURING AUDIT
14. 14 AREAS LOOKED AT DURING AUDIT cont.
15. 15 PROACTIVE OVERSIGHT ACTIVITIES Station Audits 2009
16. The ICD conducted 280 police station audits (some stations were revisited) , during Jan - June 2009, and found that:
50 stations were complying on a level of Non-Compliant (0-49%).
95 stations were complying on a level of Fairly Compliant (50-79%)
104 stations were on a level of Substantially Compliant (80-99%)
31 stations were Fully Complaint (100%) with the DVA prescripts.
The ICD conducted 242 police station audits during July - December 2009, and found that :
30 stations were complying on a level of Non-Compliant (0-49%)
96 were complying on a level of Fairly Compliant (50-79%)
96 stations were on a level of Substantially Compliant (80-99%)
20 stations were Fully Complaint (100%) with the DVA prescripts.
16 OVERALL LEVEL OF COMPLIANCE Station Audits
17. Failure to apply for exemption
Lack of understanding of the obligations to DVA
No feedback from police management regarding disciplinary action
Reluctance to take disciplinary action
Record keeping is still a concern -
The 508(a) forms are not filed properly
The 508(b) registers are not completed properly
Some copies of the 508(a) forms were not filed although the matters pertaining thereto were registered in the 508(b) register
Domestic Violence Act and National Instruction not available
A list of service providers is not available or updated
Copies of protection orders and warrants of arrest were not filed properly
No file of Domestic violence warrants kept
17 PROACTIVE OVERSIGHT FINDINGS
18. 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
Existence of a culture of silence around domestic violence
Lengthy period taken to discipline SAPS members
18 CHALLENGES
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