Policing Circumcision and Ukuthwala: Addressing Crimes and Promoting Cultural Safety

1. Presentation to the SELECT COMMITTEE ON WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES Regarding Circumcision and Ukuthwala 9 October 2013

2. Table of Contents Introduction: Mandate and Context Circumcision • Context • Policing Actions and Programmes Ukuthwala • Context • Policing Actions and Programmes Budget

3. Introduction: The Policing of Ukuthwala and Traditional Circumcisions A Constitutional Mandate Section 205 (3) provides for the policing mandate to – • prevent, combat, investigate crime; • maintain public order; • protect and secure the inhabitants of the republic of South Africa and their property; • uphold and enforce the law. Applicable sections of Bill of Rights • Section 10: right to human dignity • Section 12: right to freedom and security of person..right to protection against violence... and the right to bodily integrity • Section 30: right of cultural and religious communities to practice their culture.. • Section 36: limitation of rights by laws of general application where justifiable and reasonable (in this case where illegal actions conducted)

4. Introduction: The Policing of Ukuthwala and Traditional Circumcisions B Key Applicable Legislative Mandates • Police Service Act, 1995 and Police Service Amendment Act, 1998 • Children’s Act, 2005 (Act No 38 of 2005) • Criminal Law (Sexual Offences and related Matters) Amendment Act (Act 32 of 2007) C Approach in addressing crimes related to circumcision and ukuthwala • Focus on linking criminal actions to existing legislation and investigate criminal aspects • Create partnerships with authorities and departments that have the competence to regulate and control harmful practices for preventative purposes eg Department of Health (circumcision) and traditional authorities. • Where possible facilitate awareness in partnership with authorities that lead and have competence in core aspects • Provincial concurrent powers of leading authorities and cultural differences impact on overall national picture

5. Crimes relating to circumcision

6. CIRCUMCISION Context • Department of Health leads, regulates and controls competence to perform surgical actions. Health Professions Act, 1974 (Act No 56 of 1974) provides for the registration of health professionals including traditional healers. • Partnerships with leading provincial authorities as applicable to the province ie Department of Health, Traditional Leaders, Premiers Office (eg Limpopo) are of value. • Policing functions as combating and investigative, support to preventative actions regarding crimes eg– • Murder, attempted murder, assault (GBH) etc.

7. CIRCUMCISION Policing Actions and programmes • SAPS and Department of Traditional Affairs in process of establishing partnership that will assist traditional leadership structures in matters of community safety. • SAPS must develop a working relationship in each province with the provincial governments and other stakeholders to address prevention, law enforcement and co-operation iro investigations • As this involves the medical profession and traditional authorities, SAPS cannot deal with law enforcement, inspections or investigation without support from medical professionals and traditional authority • Provincial actions depending on the applicability of the tradition are conducted

8. CIRCUMCISION Policing Actions and programmes • In Free State province a Priority Committee on Initiation Schools established with the participation of role players. Coordinators for all 110 stations are pointed to liaise with local initiation school health committees. • SAPS combat and investigate cases of non-compliance that may arise in all provinces where provincial legislation and integrated policy directives exists eg Limpopo, Eastern Cape, Free State, Gauteng.

9. CIRCUMCISION Provincial legislation and policy in support of protection: • Eastern Cape - The Application of Health Standards in Traditional Circumcision Act, 2001 (Act 6 of 2001). • Limpopo – Provincial Initiations Schools Act (Act 6 of 1996). Premier’s Office oversees implementation, which is led by the Department of Local Government and Traditional Affairs. SAPS also collaborated with Department of Local Government, Secretariat for Safety and Liaison and Premier’s office in public awareness campaign. • Free State – Free State Initiation Schools Health Act, 2004 (Act 1 of 2004) regulates accreditation and professional standards of initiation schools • Gauteng – Sedibeng Policy Guidelines for Initiation Schools are being implemented and overseen through interdepartmental forums that includes CPF • North West - Partnership Policing MOU with CPFs, Dikgosi (NW House of Traditional Leaders) , Local Government and Traditional Affairs, DoJCD, DBE.

10. Crimes relating to ukuthwala

11. Ukuthwala Context • Police concern with regard to abduction and rape of children and non-consenting adult females. • Application of • Children’s Act, 2005 (Act No 38 of 2005); and • Criminal Law (Sexual Offences and related Matters) Amendment Act, 2007 (Act No 32 of 2007) • National Instruction on Children in Need of Care and Protection (3 / 2010) • National Instruction on Sexual Offences (3 / 2008)

12. Ukuthwala Policing Actions and programmes • Public awareness regarding rights such as human dignity and services available to the public are ongoing matters for the SAPS. These peak during the focus periods that include: • Child Protection Week • Sixteen Days of Activism on no Violence Against Women and Children • Women’s Month • SAPS pamphlets are available and have been distributed to members of the public. These include focusing on the following subjects: • Sexual Offences • Domestic Violence • Victim Empowerment • Children’s Act (which also urges members of the public to protect children and report child abuse).

13. Ukuthwala • Policing Actions and programmes • Crime codes based on existing legislation address elements of the concept of ukuthwalamalpractice eg abduction • Phenomenon of “forced marriage” can only be identified through docket analysis, not available on existing crime codes

15. CHILD PROTECTION REGISTER • The SAPS Criminal Records Centre have a system in place to ensure that the names of perpetrators of crimes against children are forwarded to the National CRC and thereafter to the Dept of Social Development-managed Child Protection Register. • Administered from geographic Cluster to Province and finally National Office

16. BUDGET

17. Budget • Budgets are apportioned into programmes/ sub-programmes (objectives structures), items/small items (economic classification) and cost centres (responsibility structure) and not according to crime types • There is no separate budget for investigation, but a budget is allocated to the Detective Service for investigation of all cases. • A specific figure cannot be given for a specific crime as one case docket might take more time and resources to police than another.

18. Budget • Costs incurred as a result of the performance of the police functions imposed by legislation, for example the Domestic Violence Act, are executed using the operational budget of the South African Police Service and cannot be distinguished from the expenditure incurred during the performance of other operational functions. • The following In-service training interventions are conducted: • First Responder to Sexual Offences Learning Programme • Sexual Offences Course for Investigators • Family Violence, Child Protection and Sexual Offences Learning Programme • R2 500 000 has been budgeted for communication and education campaigns and events to raise awareness on violence against women and children.

19. Training in programmes related to Gender-based Violence, VEP and Vulnerable Children Learning Programme Total Training figures for 2012/2013 in all provinces are as follows: • Domestic Violence Learning Programme (DVLP) : 3521 • Domestic Violence Train the Trainer (TTT) 71 • Domestic Violence Workshops: 689 • 1st Responders to Sexual Offences: 1259 • 1st Responders to Sexual Offences Train the Trainer (TTT) 42 • Victim Empowerment Training Programme (VETP): 2279 • Victim Empowerment Train the Trainer (TTT) 24 • Human Rights (Including content on assisting victims of Domestic Violence and Sexual Offences): 1233 • Human Rights Train the Trainer (TTT): 22 • Vulnerable Children Learning Programme : (Between 2010 & March 2013) 36 170