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DOMESTIC VIOLENCE ACT COMPLIANCE IMPLEMENTATION PLAN 2012/13 FY. SECRETARIAT OF POLICE. BACKGROUND.
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DOMESTIC VIOLENCE ACT COMPLIANCE IMPLEMENTATION PLAN 2012/13 FY SECRETARIAT OF POLICE
BACKGROUND • The Domestic Violence Act 116 of 1998 (DVA) was promulgated in 1999 in an attempt to provide victims with an accessible legal tool to stop domestic abuse. Though far-reaching in its definition of what constitutes an act of ‘domestic violence’ and ‘domestic relationships’, implementation has been negatively affected by a lot of challenges.
BACKGROUND CONT…… • In an attempt to ensure adequate implementation, the legislation required the National Commissioner of the SAPS to issue National Instructions and Policy Directives in terms of which its members must comply in the execution of their functions. In addition, the Act also provides for a positive or legal duty on the police to perform in terms of the provisions of the law. The National Commissioner is also obliged to submit reports to Parliament every six months regarding the number of complaints received against the police, disciplinary proceedings instituted as a result of those complaints and the outcomes of such proceedings.
BACKGROUND CONT… • The former Independent Complaints Directorate (ICD) monitored SAPS’s non-compliance with the implementation of the DVA until 31 March 2012. This role was transferred to the Civilian Secretariat for Police according to the Civilian Secretariat for Police Service Act no. 02 of 2011. • The SAPS is compelled to comply with the provisions of the DVA and the National Instructions, any failure to do so constitute misconduct and must be reported to the Secretariat. • The Civilian Secretariat for Police Service Act mandates the Civilian Secretariat to:- • Monitor and evaluate compliance with the Domestic Violence Act, 1998 (116 of 1998) by the South African Police Service Sec 6 (1) (a) • Make recommendations to the police service on disciplinary procedures and measures with regard to non-compliance with the Domestic Violence Act
Responsibilities of Civilian Secretariat for Police • Monitor DVA Compliance by the SAPS through conducting station audits • Monitor the implementation of recommendations made regarding non-compliance by the SAPS members • Report to parliament on the level DVA compliance
Role of Provincial Secretariats • The Head of a Provincial Secretariat must, through the head of a provincial department responsible for Safety and Security, should submit to the MEC and the Secretary quarterly reports on the activities done. • Provincial Secretariat shall receive monthly reports on non-compliance complaints by SAPS members from the Provincial Commissioner and make recommendations on disciplinary processes.
