DVA Implementation Hearings

1
DVA Implementation Hearings

• Portfolio and Select Committee on Women, Youth,
  Children and People with Disabilities

Centre for the Study of Violence and
Reconciliation 29th October 2009
2
Cops left me to be raped. Police refused to
enforce protection order (The Star, September
2007)

• Police refused to enforce a protection order when
  a woman tearfully begged the police to rescue her
  from her child-sex abuser and mental patient
  ex-husband. Police accused her of being drunk.
•  Talk nicely to this man they said, because he
  is talking nicely to you.
• After the three officers refused to arrest the
  HIV-positive former husband, despite the
  protection order she had obtained against him,
  the man, in a drunken rage, raped her.
• The woman sued the SAPS and won the case where
  the judge, Leon Kemp, was scathing in his
  condemnation of the police describing their
  evidence as deliberately deceitful and ridden
  with improbabilities and lies.

3
But Who is a good cop?

• The citizen expects police officers to have the
  wisdom of Solomon, the courage of David, the
  strength of Samson, the patience of Job, the
  leadership of Moses, the kindness of the Good
  Samaritan, the strategical training of Alexander,
  the faith of Daniel, the diplomacy of Lincoln,
  the tolerance of the Carpenter of Nazareth, and
  finally, the intimate knowledge of every branch
  of natural, biological, and social sciences. If
  he had all these, he might be a good policeman!
  (August Vollmer, police chief of Berkeley,
  California 1905-1932).
• This resonates in the current day South Africa
  particularly in the implementation of the DVA,
  where there is a big emphasis on the role of the
  SAPS.
• They are a key actor, but we need to look at the
  domestic violence problem more holistically.

4
Overview Domestic Violence Act No. 116 of 1998

• Purpose afford victims of domestic violence the
  maximum protection from domestic abuse that the
  law can provide.
• Definition of domestic violence
• Physical abuse, economic abuse, intimidation,
  harassment, stalking, damage to property, entry
  into the complainants residence without consent
  (where the parties do not share the same
  residence), or any other controlling or abusive
  behaviour towards a complainant, where such
  conduct harms, or may cause imminent harm to, the
  safety, health or wellbeing of the complainant.
  (S 1 viii)
• Domestic relationships include civil and
  customary marriage partners or former marriage
  partners, current or former cohabiting partners,
  the parents of a child or people who have had
  parental authority for that child, family
  members, engaged, dating or customary
  relationships, sexual relationships of any
  duration, and people who share the same
  residence. (S 1 vii)
• Gender neutral and include same-sex
  relationships.

5
Positive duties of SAPS

• Assist and inform the complainant of his/her
  rights
• At a domestic violence scene, render whatever
  assistance is necessary
• Serve the protection order, together with a
  warrant for arrest, on the respondent
• Arrest the respondent if there is reason to
  suspect that the complainant may suffer imminent
  harm as a result of a breached protection order
• Remove any firearms from the respondent if there
  is a belief that the firearms may be used to kill
  or harm the complainant
• Domestic violence incidents reported to a police
  station must be recorded in the Domestic Violence
  Register (SAPS 508 (b)) it is the
  responsibility of the Station Commander to ensure
  an accurate record is kept. Police must document
  their response to any complaints or their reason
  for not taking action.
• SAPS and ICD are obliged to report on SAPS
  compliance with DVA once every 6 months to Police
  Portfolio Committee.

6
Problems and Implications

• Inadequate/inefficient police responses to DV are
  a result of both institutional problems and
  individual views on DV.
• Implementing the DVA
• Lack of human, material and financial resources
  to implement the DVA properly
• Police dockets do not identify the relationship
  between victim and perpetrator incident not
  prosecuted as domestic violence
• Violation of a protection order only charged as
  such, without reciprocal criminal charges
  prosecution of accused downgraded to a lesser
  crime
• Safety dimensions behind DVA not fully
  understood no risk assessment conducted e.g.
  removal of firearm
• Discretion of a police officer whether or not to
  arrest the respondent and guidelines are unclear
  arrests are seldom effected.
• Allegations of police stations issuing
  guidelines whereby only when police is witnessing
  violence and arrest will be conducted.

7
Challenges

• Implementation cont
• Pressure on police to reduce crime statistics
  police discourage reporting, send complainants
  directly to court for protection orders or refer
  complainants for counselling
• Police acting as mediators/counsellors in order
  to deflect cases or deal with matter at a family
  level
• Failure to register cases of DV at police
  stations limits our understanding of the extent
  of the problem.
• Police attitudes
• Patriarchal views among some police officials
  denial of efficient service to victims of
  domestic violence
• Dislike of serving protection orders, because of
  difficulties in locating respondents serving
  protection orders not a priority in most police
  stations
• Domestic violence only seen as serious when it
  involves physical violence only those cases
  amounting to serious and violent crime
  investigated

8
Challenges

• Police attitudes cont
• High levels of domestic violence within police
  service
• Reluctance to interfere in what is seen as
  family squabbles
• Failure to recognise danger facing victims and
  failure to take steps to protect them
• Lack of access to SAPS to vulnerable populations,
  e.g. gay and lesbian couples, migrant and refugee
  women.
• DVA does not adequately outline the
  responsibilities of other role players
• Impacts on SAPS ability to do its work. E.g.
  availability of services for victims, such as
  shelters
• Poor oversight of DVA
• Few reports by ICD and SAPS to Parliament

9
Recommendations

• Develop a five year strategy plan for the
  effective policing of domestic violence clear
  goals, timelines and targets for the effective
  implementation of the DVA, necessary budget
  allocations.
• Develop norms and standards on training on DV -
  Social context capacity building needed as well
  as refresher training, applying innovative
  methods, e.g. peer review of cases handling.
• Police need to approach their work with
  professionalism and within a legal and human
  rights framework police response should not be
  the DVA only, need for creative ways of dealing
  more effectively with withdrawals, or situations
  where victims do not wish to lay charges but
  protection still required.
•  

10
Recommendations

• Specialised unit within SAPS dealing with DV and
  SV needs to be re-established with adequate
  resources.

11
Recommendations

• Rather than trying to reduce crime statistics,
  police should be encouraged to record statistics
  accurately so that trends can be properly
  analysed and acted on
• Enforce regulation that request police officials
  to record domestic violence incidents and the
  relationship between the parties
• ICD should have their powers broadened -
  Disciplinary action needs to be taken against
  police members failing in their duties in terms
  of the DVA or offering sub-standard service
• Public needs to be made aware of the complaint
  mechanisms for poor SAPS service
• Strategy needs to be put in place to tighten the
  managerial oversight of police officers

12
Beyond the criminal system response

• 365 Days National Action Plan to End Violence
  against Women focus on prevention but no
  resources or clear strategy
• One size does not fit all - Primary prevention of
  domestic violence needs to be a long-term,
  community-specific, well resourced intervention
• Driver of national strategy to address domestic
  violence new Ministry for Women, Children and
  People with Disabilities
• PCWYCPD should use its oversight powers and call
  upon relevant government departments and the new
  ministry to forward concrete strategies to
  address domestic violence in a holistic and
  co-ordinated fashion.