DOMESTIC VIOLENCE ACT IMPLEMENTATION REPORT 5 (APRIL – SEPTEMBER 2014):

1. DOMESTIC VIOLENCE ACT IMPLEMENTATION REPORT 5 (APRIL – SEPTEMBER 2014): PRESENTATION TO THE PORTFOLIO COMMITTEE FOR POLICE – 27 MAY 2015

2. INTRODUCTION • Gender-based violence is recognised both within South Africa and internationally as a profound violation of human rights and a major barrier to social and economic development. • Domestic Violence Act , No 116 of 1998 (DVA), was introduced with the purpose of attempting to provide victims of domestic violence with an accessible legal instrument with which to prevent further abuses taking place within their domestic relationships.

3. CSP MANDATE • Civilian Secretariat for Police service Act (No2 of 2011) mandates the CSP to among other functions (Sec 6): • Monitor and evaluate SAPS’ compliance with the DVA • Make recommendations to the police service on disciplinary procedures and measures with regard to non-compliance to the DVA • Provide the Minister with regular reports with regard to implementation of and compliance with policy directives issued or instructions made by the Minister.

4. CSP MANDATE • The Act further empowers the CSP to take over the responsibilities, relating to monitoring implementation of DVA, that were previously carried out by the former Independent Complaints Directorate (ICD), currently known as the Independent Police Investigative Directorate (IPID). As a result of this transition, Section 18 of the DVA has been repealed in terms of IPID Act, (Act No. 1 of 2011). All matters in this section of DVA that refer to the role of the ICD are substituted by the Secretariat.

5. METHODOLOGY AND SAMPLING • As part of its monitoring role, the CSP including the Provincial Secretariats conducted a total of 160 police station audits between 01 April and 30 September 2014.

6. METHODOLOGY AND SAMPLING • The audits were conducted utilising a DVA monitoring tool implemented through interviewing various officials within a police station. • Provinces are expected to audit a minimum of eight (8) police stations during a six monthly period as agreed upon by the CSP Heads Of Department (HOD) Forum. • Due to limited capacity, the CSP also carries out eight station audits during a six months period. • The CSP is not prescriptive in terms of maximum number of audits to be conducted as that is dependent on the capacity and resources of each province.

7. METHODOLOGY AND SAMPLING • This has led to the number of audits conducted per province to vary considerably. • It should be noted that despite the minimum of 04 audits, there are provinces that were unable to meet the minimum target set and reasons were provided to this effect and they included lack of capacity. • Based on the above then, the findings on this report are not an extrapolation of the entire SAPS population in the country and therefore cannot be generalized for whole country. • These findings are only applicable for the police stations visited

8. METHODOLOGY AND SAMPLING • However further analysis can be done for stations with the same attributes. • In order to improve the sampling method, CSP is currently in talks with STATS SA

9. DVA MONITORING TOOL The CSP together with Provincial Secretariats have been gathering data using the DVA monitoring tool since April 2013. The tool had the following 5 key focus areas:

10. REVIEW OF THE DVA AUDIT TOOL Having implemented the monitoring tool for almost two years, a need for review was identified based on the following: • The current tool was implemented deliberately to focus on police station performance as the first level of monitoring. • The information gathered has provided valuable baseline to understanding compliance challenges. • The revised tool will therefore take the process a step further by assessing SAPS’s compliance through evaluating community satisfaction to services received.

11. REVIEW OF THE DVA AUDIT TOOL • A concern has been raised regarding lack of detailed information on management of non-compliance complaints against SAPS members. • The revised tool aims to ensure that details of the complaints management process, through either disciplinary sanctions being executed or exemption applied for, is provided. • This will not only serve as a data source but will assist SAPS in reviewing and strengthening the management of DVA non-compliance complaints.

12. REVIEW OF THE DVA AUDIT TOOL • The previous tool assessed the compliance level based on regulatory compliance only. The assessment of other areas like the understanding of the DVA and implementation thereof did not form part of the compliance level (score). In the revised tool all focus areas will be weighted in order to provide a comprehensive compliance level score. • The CSP is in the process of digitising its monitoring tools and the DVA tool is due for this process in the 2015/16 financial year. It was therefore critical that whatever shortcomings or gaps that have been identified in the current tool are addressed. This was done to ensure that the electronic version of the tool is able to provide comprehensive and up to date information.

13. KEY FINDINGS: 1. REGULATORY COMPLIANCE Even though there is some progress, as fewer stations are within the non-compliance level compared to the previous reporting periods, it is still very concerning that only one station out of the 156 that were fully audited received 100% compliance (Brooklyn Police Station in Gauteng).The table below shows that about 87% of the stations visited are partially compliant, which is between 60 and 99%, whilst about 12% still achieve less than 60%.

14. KEY FINDINGS: 1. REGULATORY COMPLIANCE The figure below indicates the average level of compliance per province.

15. KEY FINDINGS: 1. REGULATORY COMPLIANCE • The Eastern Cape, Gauteng and Western Cape provinces remain, overtime, the provinces with the highest compliance levels even though there is still room for improvement. • When comparing with the previous reporting periods, it should be noted that there is no province that scored below 60%, which is a good improvement.

16. KEY FINDINGS: 2. VICTIM FRIENDLY SERVICE • During station audits, it was observed that some police stations do not have Victim Friendly Rooms; however complainants are interviewed at the VISPOL Commander’s office. • The figure below shows availability and status of VFR within the 156 stations visited.

17. KEY FINDINGS: 2. NON-COMPLIANCE CASES • During this reporting period, there were 151 non-compliance cases reported from the station that were visited. • These non-compliances were mainly administrative. • Western Cape continuously appears to be the only province that fully initiates disciplinary processes against its members. • In the past year, SAPS national office has sent out numerous circulars aimed at ensuring that Station Commanders are held accountable for non-compliance in their stations.

18. KEY FINDINGS: 2. NON-COMPLIANCE CASES

19. KEY FINDINGS: 2. NON-COMPLIANCE CASES • In one circular the following was stated, “Provinces are required to rigorously investigate all allegations of misconduct and ensure that disciplinary cases are finalised as soon as possible. Station Commanders are required to act swiftly in correcting any transgressions committed by members under their command”. • The paragraph continues further to state that disciplinary steps must be taken against all Station Commanders who fail to manage and monitor implementation of DVA within their precinct. (Paragraph 5; Circular 1/1/4/1 (1) Policing DVA: Improving service delivery to victims of crime: SAPS)

20. KEY FINDINGS: 2. NON-COMPLIANCE CASES • The above mentioned circular shows SAPS commitment in ensuring proper implementation of the DVA, however, monitoring implementation of the contents of the circular seems to be the biggest challenge for SAPS. • Even though reporting by all police stations on monthly basis is compulsory, police stations still do not provide accurate information on their monthly returns to the Provincial Office. • Noting the challenges above, it has become critical for the CSP to fully explore the handling of non-compliance by SAPS if we are to improve the current status.

21. KEY FINDINGS: 3. DVA incidents reported against members • Out of the 156 police stations visited in the nine provinces, five reported incidents of SAPS members as offenders of domestic violence. • In these five provinces, a total number of domestic violence cases reported against SAPS were 63. • Out of this 63, highest numbers of domestic violence incidents committed by SAPS members were recorded in Gauteng with 21 cases, followed by Western Cape with 15 cases and North West with 13 cases as indicated in figure below.

22. KEY FINDINGS: 3. DVA incidents reported against members

23. KEY FINDINGS: 3. DVA incidents reported against members • Out of 63 domestic violence cases noted above:

24. KEY FINDINGS: 3. DVA incidents reported against members • In terms of the Firearms Control Act, No 60 of 2000 (FCA) a person who has in the past five years been served with a protection order in terms of the DVA or visited by a police official concerning allegations of violence in the applicant’s home, does not qualify to possess a firearm. • The findings in the report show that out of the 63 reported incidents, 30 firearms were seized. (Regulation 14(1)(a) – FCA regulations. 26 March 2004) • The figure below provides a breakdown of the seizures per province, indicating Gauteng to have seized 15 firearms from the recorded 21 incidents.

25. KEY FINDINGS: 3. DVA incidents reported against members

26. DVA MONITORING INITIATIVES: COMPLIANCE FORUM COMPLIANCE FORUM • In an attempt to give effect to its mandate, the CSP together with VISPOL at National Office established a Compliance Forum, represented by the Oversight Monitoring and Evaluation (OM&E) Chief Directorate in the CSP and the following relevant Components from SAPS :

27. DVA MONITORING INITIATIVES: COMPLIANCE FORUM COMPLIANCE FORUM – BENEFITS • Strengthened communication between the two entities on matters relating to DVA implementation • This is a platform to share findings and recommendations as well as discuss non-compliance • Opportunity to present bi-annual reports before they are presented to Parliament thus allowing SAPS opportunity to respond on key areas of concern

28. DVA MONITORING INITIATIVES: COMPLIANCE FORUM COMPLIANCE FORUM –– CHALLENGES • Personnel services not attending meetings making it difficult to get updated information on the status of DVA non – compliance disciplinary cases • Replication of the forum at Provincial level

29. DVA MONITORING INITIATIVES: SOP STANDARD OPERATING PROCEDURES (SOP) • The SOPs were developed to formaliseand strengthen the working relationship between the SAPS and the CSP at both National and Provincial Level with regard to DVA implementation and monitoring • The SOP aims to clearly define the roles and responsibilities of the SAPS and the CSP as outlined in the DVA and the National Instruction • It was also developed to provide guidance in terms of reporting as the DVA and the SAPS National Instruction have not been officially amended /revised to reflect the change in roles from the ICD to the CSP.

30. DVA MONITORING INITIATIVES: SOP STANDARD OPERATING PROCEDURES (SOP) • Amongst the key areas that are affected by the non-amendment are of the DVA and the National Instruction are: • Non-compliance reporting • Applications for exemption • Reporting to Parliament • The SOPs also outline the process to be followed in institutionalising the compliance forum at a provincial level.

31. DVA MONITORING INITIATIVES: SOP The benefits of having the SOPs formalised are as follows: • Proper coordination of DVA monitoring between the CSP and SAPS as the Compliance Forum will also be replicated at Provincial Level. • Handling of non-compliance complaints will be enhanced as CSP will be able to receive accurate information from SAPS and application for exemptions will be better managed.

32. DVA MONITORING INITIATIVES: SOP The benefits cont… • Proper and co-ordinated intervention within SAPS where members are offenders and/or victims of domestic violence. • Cooperation in public education and awareness raising campaigns between SAPS and the CSP will be developed and this will lead to enhanced community satisfaction. • Reporting to Parliament will be efficient and inconsistencies in information provided will be reduced

33. DVA MONITORING INITIATIVES: SOP Challenges: SOP • The SOP remains unsigned and this negatively impacts in reporting. • SAPS at provincial level does not report to the Provincial Secretariats as expected in terms of the DVA and National Instruction because there is no internal directive form SAPS compelling them to do so in the absence of the amended National Instruction. • The CSP is only able to access non-compliance cases through station audits meaning the actual extent of non-compliance cannot be accurately determined.

34. ADDRESSING THE CHALLENGES • Consultation on the SOP with all provinces from both the Secretariat and the SAPS has taken place • The SOP has been signed off and approved by the Acting Secretary • Numerous engagements has been held with VISPOL to facilitate the process of adopting the SOP by the NATCOM • A meeting was held with the executive manager from the NATCOM’s office to facilitate the process of having the SOP signed • SAPS has issued communiqué to the relevant divisions to ensure maximum attendance of the Compliance Forum

35. RECOMMENDATIONS • Signing of the SOP by SAPS remains an urgent matter that needs to be fastrackedin order to ensure proper coordination between the CSP and the SAPS • Amendment of Sec 18 of the DVA and the National Instruction also needs to be prioritised • Training of station commanders in general management and supervision needs to be considered as it has been identified that poor management results in poor compliance by members.

36. RECOMMENDATIONS • Provision of VFR to station that do not have needs to be prioritised by SAPS • Having conducted impact assessment on DVA training, SAPS needs to use the findings to design the training in a manner that will be empowering to the members. The current content of the training is comprehensive enough, but more effort needs to be put in the method of delivery.

37. RECOMMENDATIONS • The CSP needs to engage in more studies that are aimed at enhancing the work of the SAPS in ensuring that compliance to DVA is improved. • In this current financial year, the CSP will conduct two main studies that are aimed contributing to improved compliance • The first one will be exploring non-compliance in great depth. • The second one will be to explore handling of non-compliance by Station Commanders

38. RECOMMENDATIONS Exploring DVA non-compliance Purpose: why is the level of compliance not improving despite a number of directives issued by SAPS National head Office How: • Look at all DVA related National Instructions and directives issued in the past five years – analyse relevance and applicability • Look at how these are communicated from head office to police stations • Check accessibility to all members • Come up with recommendations on how these can be communicated effectively • Target: Provincial Commanders, Cluster Commanders and Station Commanders

39. RECOMMENDATIONS Handling of non-compliance by Station Commanders Purpose: to get a clear understanding of how SAPS management at station level is managing non-compliance by members; whether the relevant disciplinary processes are followed when managing this process How: • Look at reporting trends and recording • Follow up on cases identified through station audits • Follow up on disciplinary proceedings • Look at complaints management systems at police stations Target – a combination of stations reporting high incidents and those not reporting at all will be sampled.

40. THE END THANK YOU