Strategic Report on Public Hearings on Implementation of Domestic Violence Act

Meeting report

Welcome
The Chairperson started the meeting by welcoming the members of the Research Unit and other stakeholders who were present.

Presentation by the Research Unit
Ms Kashifa Abrahams, Committee Researcher, presented a report which summarised the public hearings on the implementation of the Domestic Violence Act. The report covered a variety of topics such as the rationale for the hearings, key issues identified and findings and recommendations.

After public hearings were conducted on the Domestic Violence Act, the following issues emerged:
Gender-based violence disproportionately affected women and children. The Committee acknowledged that persons with disabilities and women and children living on farms, rural areas and impoverished environments were particularly vulnerable to domestic violence. 
Patriarchal attitudes and differential power dynamics were at the heart of domestic violence.
Many victims of domestic violence did not know that there rights were being violated and struggled to access the appropriate support services.

The following concerns were identified as cross-cutting issues that related to all Department’s responsible for implementation of the Act:
Lack of coordination within the violence prevention sector
Inadequate resources to combat the scourge of domestic violence
Lack of credible administrative data and related indicators to effectively monitor and evaluate existing government programmes
The Faith-based Sector was identified as a key role player in providing support and assistance to victims of domestic violence.

Key issues were also identified within the Peace and Security Cluster, the Social Services Cluster and the Governance Cluster. [see report]

The Committee made the following recommendations:
They proposed legislative amendments to certain sections of the Domestic Violence Act. They proposed that a review be made on the training on the Act and the Firearms Control Act. An amendment should be made to the legislation pertaining to the ICD in order to widen their powers. The Committee would prioritise the finalisation of the legislation dealing with domestic partnerships.
They proposed the development of the performance monitoring framework and the reworking of Section 15 of the DVA regulations, “service of documents”, to ensure that courts increased their use of sheriffs.
They would ensure the availability of shelter and counselling services
The Department of Women, Children and Persons with Disabilities, together with other stakeholders, would devise a National Strategic Framework and Implementation Strategy on Domestic Violence.
Norms and standards had to be developed around training for police.
There had to be a costed policy around Family Courts and there had to be norms and standards around training for court personnel.
The Victim Empowerment Programme required a review in terms of provisions and resourcing
A review of existing services and programmes had to be done to determine where services were absent or needed to be up-scaled.

In terms of oversight, a mechanism had to be developed within Parliament to ensure that the implementation of the DVA was overseen between all Committees concerned.   

Discussion

The Chairperson asked whether attitude was at play when cases were open with the police.

Ms H Malgas (ANC) responded that both training and attitude was the main problem regarding police officials.

Ms D Ramodibe (ANC) concurred with Ms Malgas, stating that training and attitudes were the main factors and advised that more training and correct training modules should be recommended for police officials.

Ms Abrahams explained that there was a very high incidence of cases being withdrawn in courts due to either a lack of evidence or the victim’s decision to withdraw the case herself.

Ms Malgas advised that in incidences were the victim personally withdrew the case; the court should be entitled by law to further prosecute without the victim.

Mr S Mbatsha, Advisor to the Minister, advised that if there was a lack of evidence the court could not prosecute; however, where evidence was not lacking and the victim withdrew the case, the court could continue with the prosecution.

Ms Abrahams stated that case withdrawals were frequent because the victim had to go from “pillar to post” without adequate support from the communities.

Ms Malgas stated that domestic violence was not yet considered a crime by law and that made it difficult for the victims to lodge complaints with the police.

The Chairperson said that domestic violence led to a crime and therefore it should be treated as a crime.

Ms Ramodibe asked whether one could separate domestic violence from violence against women.

Ms Malgas suggested that violence against women was no different from domestic violence.

Ms Abrahams suggested that the Victim Empowering Programme (VEP) was not doing enough and it needed to be reviewed. She stressed that there were not enough VEP grants and the Victim Empowering Legislation needed to be fast tracked. She further stressed that there was a great need of psycho-social support for the victims of domestic violence. There was a need for trained psychologists and social workers. She also stated that an oversight mechanism should be devised within Parliament and that the DVA should be overseen by all Committees.

Ms Malgas advised that the Committee should recommend bursaries for psychologists through the National Treasury.

Mr Mbatsha advised that the Committee should call the Treasury, the Minister and the Department to discuss the importance of the report and to work out funding figures.

Ms Abrahams stressed that the Department should be accountable and prioritise the issues of Women, Youth, Children and Persons with Disabilities.

The Committee agreed that the report should be published in the ATC and debated in the National Assembly next year.

The Chairperson recommended that Committee Members also needed to be trained on the Domestic Violence Act.

Ms Ramodibe asked that whether the report should be adopted.

The Chairperson responded that it could not be adopted because of the lack of quorum.

The meeting was adjourned.