DVA Compliance Trends & Challenges 2012-2016 Report

1. DVA PRESENTATION TO THE PORTFOLIO COMMITTEE ON POLICE: KEY TRENDS 2016 DATE: 20 September 2016

2. INTRODUCTION • The Civilian Secretariat for Police Service (CSP) as mandated by CSPS Act has been tasked to monitor compliance and implementation of the DVA by SAPS members. • Furthermore, the DVA places a number of obligations on the SAPS to assist a person who has reported to be a victim of domestic violence. • These obligations are accompanied by consequences should the SAPS members fail to implement them properly. • This report looks at trends in DVA compliance, non-compliance by SAPS members and interventions in place to ensure improved implementation between the 2012 and 2016 financial years.

3. COMPLIANCE LEVEL • The levels are still unacceptable as when it comes to response to domestic violence, the SAPS should implement and comply fully (100%) with the DVA in order to ensure that the complainants are receiving appropriate service from the police. • This steady improvement can be attributed to implementation of recommendations made by the Secretariat. • The SAPS and the CSP have established a forum for regular engagements at both National and Provincial level, i.e. Compliance Forum. • This forum has not yet been established in all provinces but processes are in place to ensure replication.

4. ADDRESSING SAMPLING CHALLENGE • A concern was raised about the CSP’ sample methodology which does not allow for generalisation of findings. In response to this, STATS SA was engaged • Based on that engagement the following will be implemented by the CSP in conducting DVA audits: • A census approach in 2017/18– meaning all police stations across the country will be visited within one quarter • The aim is to gather baseline data that will provide an accurate status of DVA compliance in the country • The census will be conducted every 5 years. • In between census a sample of stations in each province will be visited to monitor implementation of recommendations made • STATS SA is assisting the CSP in refining the DVA data collection tool

5. COMPLIANCE LEVEL • Figure below indicates that in 2015/16 there has been a slight improvement in the level of compliance in comparison with the previous 3 years.

6. NON-COMPLIANCE BY MEMBERS • The following numbers have been recorded by the CSP from the police stations visited over the mentioned years • The numbers above include administrative non-compliance, which is the failure by members to properly complete registers and maintain documents as per National Instruction.

7. NON-COMPLIANCE BY MEMBERS The figure below illustrates details of non-compliance by members for the 2015/16 financial year

8. NON-COMPLIANCE BY MEMBERS • It should also be noted that these numbers are based on information collected by the CSP only on police stations visited. • Through the Compliance forum and the implementation of the DVA SOP, the CSP will be able to report more accurately on a national picture.

9. NON-COMPLIANCE BY MEMBERS • As reflected in the figures above, the number of members that are failing to comply with the DVA seems to be increasing. • This may be attributed to the fact that the SAPS has strengthened its recording and reporting mechanisms, therefore statistics that were previously not coming through are being revealed • Sanctions imposed by SAPS are minimal, and this may also contribute to non-compliance levels not decreasing • This, therefore, poses another challenge to the SAPS, i.e. the need to heighten their response in handling on non-compliance.

10. NON-COMPLIANCE BY MEMBERS • The expectation is that the numbers should increase as an indication that SAPS is reporting truthfully. • Then by handling this matter adequately, ensuring that members that either fail to comply or commit acts of domestic violence are reprimanded appropriately, there should be a steady decline over a period of time. • The CSP will continue to monitor if non - compliances are handled properly by the SAPS in line with the DVA and the SAPS disciplinary regulations.

11. MEMBERS AS OFFENDERS OF DV • The graph below reflects the number of members that are offenders of domestic violence.

12. MEMBERS AS OFFENDERS OF DV • The number of members who are perpetrators of domestic violence has increased when compared to the 2015/16 financial year. • The CSP made a recommendation that the process of investigating these matters must be handled at either cluster or provincial level and not at station level. • Another possible solution would be to have this included in the matters that are investigated by the IPID which would mean amendment of the IPID Act.

13. SAPS intervention • The Civilian Secretariat for Police has made various recommendations over the years on how the SAPS can effectively intervene in fighting the scourge of domestic violence. • The recommendations were made through the compliance forum and reports to parliament. • SAPS has been engaged in a number of remedial steps including the following: • Provincial capacity building sessions to identify solutions and address challenges experienced in the implementation of various legislation including the Domestic Violence Act, 1998 • Directives to provinces and police stations to ensure that certain measures are put in place in order to improve compliance • Impact Study conducted on the Domestic Violence Learning Programme to measure whether the Learning Programme is effective or not • DVA SOP signed between the CSP and SAPS in May 2015

14. CONCLUSION • The report illustrates that the level of compliance is steadily increasing based on police station visits conducted between October 2012 and March 2016 • Non-compliance by the SAPS members is still very high even though the numbers reflected are based only on police stations visited. • The CSP will continue to improve its monitoring process in order to ensure that compliance is improved.

15. THE END THANK YOU