Briefing by the Civilian Secretariat for Police Service and the South African Police Service on the Domestic Violence Act implementation report Oct 2023 – March 2024

NCOP Security and Justice

27 November 2024
Chairperson: Ms J Mananiso (ANC, Gauteng)
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Meeting Summary

Implementation of Domestic Violence Act

The meeting of the Committee focused on the implementation of the Domestic Violence Act 116 of 1998 (DVA) from October 2023 to March 2024. It began with a discussion on the significance of addressing gender-based violence (GBV) and ensuring accountability within law enforcement. The opening remarks emphasised the alignment of the meeting with the 16 Days of Activism campaign, highlighting persistent issues such as secondary victimisation, resource shortages, and the need for systemic reforms in addressing violence against women and children.

The report from the Civilian Secretariat for Police Service detailed 59 cases of non-compliance with the DVA by law enforcement, with challenges including incomplete documentation, delays in serving protection orders, and insufficient victim support resources, especially in rural areas. The report also indicated that 191 officers were identified as perpetrators of domestic violence, while 115 were victims. Additionally, there were significant gaps in the enforcement of firearm regulations, with inconsistencies in conducting Section 102 inquiries. Recommendations included enhanced training, more robust oversight mechanisms, and improved interdepartmental coordination to address these issues.

The South African Police Service presentation reported 62 complaints of non-compliance during the period. Most cases involved failure to complete necessary forms or serve protection orders. Firearms were seized from 109 officers implicated in domestic violence, primarily in urban provinces. Training programs were highlighted as a key initiative to address these challenges, alongside public education campaigns and efforts to establish Victim Friendly Rooms. Challenges such as low prosecution rates, underreporting by victims, and logistical difficulties in serving protection orders were acknowledged. Recommendations called for improving training, addressing systemic barriers, and enhancing collaboration among government departments and community structures.

During the discussion, Members raised concerns about the discrepancy between reported incidents and successful prosecutions. Questions were posed about the adequacy of training for law enforcement, resource constraints in rural areas, and the effectiveness of existing mechanisms to protect victims. The need to address repeat cycles of abuse and enhance interdepartmental support for victims was also emphasised. Observations from oversight visits revealed significant challenges in rural areas, including understaffed and under-resourced police stations serving large populations.

The responses from officials acknowledged the gaps in compliance and resource allocation. Ongoing efforts to improve training, strengthen partnerships with other government departments, and address cultural barriers were highlighted. The importance of equipping officers with the necessary skills to navigate diverse social contexts and provide effective support to victims was stressed. Steps were outlined to improve the handling of protection orders, ensure timely disciplinary actions against non-compliant officers, and enhance psycho-social support for victims and perpetrators within law enforcement.

The meeting concluded with an emphasis on measurable outcomes and the need for concrete actions to address the systemic issues identified. The importance of interdepartmental collaboration, continuous capacity building, and community engagement was reiterated. Recommendations included prioritising resource allocation to underserved areas, strengthening oversight mechanisms, and ensuring that all initiatives aligned with broader goals of inclusivity and transformation. The session ended with commitments to follow up on unresolved issues and improve the effectiveness of responses to domestic violence.

Meeting report

Opening remarks

The Chairperson welcomed everyone in attendance and emphasised the importance of sticking to the agenda for the meeting. She noted that presentations were critical for meaningful engagement and ensuring that the meeting served a clear purpose rather than becoming a formality.

The Chairperson acknowledged the start of the 16 Days of Activism for No Violence Against Women and Children campaign, which ran from 25 November to 10 December. She explained that this campaign focused on addressing violence against vulnerable, marginalised, and excluded groups, including women, children, and individuals with disabilities or diverse identities. She stressed that the meeting’s purpose was to align with national efforts to combat gender-based violence (GBV) and to develop actionable solutions. She added that these efforts were part of the broader commitment to legislative reforms and the outcomes of the 2018 Presidential Summit on GBV.

She noted that GBV statistics remained concerning, pointing out that, while the crime rate had decreased by 3.1%, violence against women and children persisted. She highlighted specific data, such as 957 women and 35 children killed in South Africa over the past year, and mentioned the increase in crimes against women by 8.6%. She also referenced a recent oversight visit to Limpopo Province, where victims of crime expressed a lack of safety in reporting incidents to the SAPS. The Chairperson stated that the goal was to eliminate secondary victimisation and ensure that SAPS services were accessible and supportive for victims of violence.

Regarding SAPS compliance with the Domestic Violence Act (DVA), the Chairperson reported on the high number of non-compliance cases among SAPS members, with 232 members involved in domestic violence and 157 cases reported to the Independent Police Investigative Directorate (IPID). She expressed concern about the lack of accountability and asked what measures were being implemented to address this. She also raised the issue of inadequate resources at rural police stations, emphasising the need for training, retention of personnel, and gender representation within SAPS.

She referred to a report by the Public Protector, which highlighted administrative failures in handling GBV cases. She stated that these deficiencies needed urgent attention, and the Committee would ensure that recommendations from Chapter 9 institutions were implemented. She stressed that the Committee’s role was to hold government accountable and ensure that systemic issues were addressed effectively.

Finally, she emphasised the importance of collaboration and thoughtful discussion, urging Members to contribute to solutions that would advance the fight against GBV. She declared the meeting officially open, noted apologies from officials attending an economic Cabinet meeting, and stated her commitment to ensuring that the session remained focused on achieving tangible outcomes.

Adv I Nonkonyana (ANC, Eastern Cape) remarked that he had noticed the absence of representation from the EFF during the morning session. He stated that he was uncertain whether this absence was official and expressed curiosity about the reason behind it.

 

The Committee Secretary acknowledged receiving an apology on behalf of the relevant Member in the previous meeting. He clarified that the apology was not entirely clear or formal. He indicated that further clarification or formal communication of the apology was needed from the EFF on behalf of the Member who was absent.

The Chairperson said they would now systematically move to item number two, which involved receiving a briefing on the Civilian Secretariat for Police Service’s (CSPS’s) implementation report. She added that the report’s content should be considered carefully, especially given its high cost, and emphasised that, when it came to people, one had to be diligent and attentive.

The Chairperson further reminded the Members that the Committee's responsibility was to engage effectively and uphold oversight and accountability. She stressed that this was part of their legislative duties, ensuring that the actions being taken were in line with the laws and that the intended outcomes were being achieved.

Mr V Gericke (EFF, Western Cape) emphasised that this was a very important meeting, and it was unfair for the Minister and both Deputy Ministers to not attend. While acknowledging the apology, he noted that the Minister’s presence was still important, particularly given the significance of the matters being discussed.

Briefing by the Civilian Secretariat for Police Services and the South African Police Service on the Domestic Violence Act 116 of 1998 implementation report Oct 2023 – March 2024

Civilian Secretariat for Police Services presentation

The presentation began with an outline of the responsibilities of SAPS under the DVA of 1998, emphasising the legal requirement to report any non-compliance by SAPS members to the CSPS. The presenter noted that amendments to the DVA in 2021 had not yet been implemented during the period under review. The bi-annual monitoring report covered October 2023 to March 2024 and included data on non-compliance, domestic violence cases involving SAPS members, and victim support measures.

The CSPS had reported 59 instances of DVA non-compliance by SAPS members across four provinces. Most cases occurred in the Free State (23), followed by the Western Cape (20). Common issues included failure to complete required forms (e.g., SAPS 508(a) and 508(b)), failure to serve protection orders, and failure to assist victims adequately. Disciplinary action was initiated in all cases, ranging from remedial steps to final written warnings.

The report revealed that 191 SAPS members were identified as perpetrators of domestic violence, with 118 firearms seized, of which most were official firearms. It was noted that section 102 inquiries, which assessed the fitness of members to carry firearms, were inconsistently conducted. Additionally, 115 SAPS members were reported as victims of domestic violence, highlighting the need for improved psycho-social support.

The police station census assessed DVA compliance across 1 156 stations. No station had achieved full compliance, and 129 stations were deemed non-compliant. Key issues included incomplete records, lack of victim-friendly rooms, and insufficient personnel to serve protection orders. Compliance issues were particularly severe in rural stations, with notable failures in KwaZulu-Natal, Eastern Cape, and Limpopo.

The report highlighted gaps in accessibility to essential support services like shelters and sign language interpreters. While most stations had access to social workers and health facilities, after-hours services were limited. Approximately 36% of stations had sign language interpreters available, often relying on external resources like courts or district offices.

Training deficiencies were identified, with members lacking full understanding of their obligations under the DVA. Additionally, many rural stations lacked female officers during all shifts, which contradicted SAPS' gender-based violence response priorities.

The report compared findings to the 2018/19 period, noting an increase in non-compliance and members involved in domestic violence cases, both as offenders and victims. It concluded with concerns over administrative lapses and recommended enhanced training, better oversight, and stricter disciplinary measures to improve compliance.

The CSPS suggested capacity building at stations, consistent implementation of section 102 inquiries, and expanded psycho-social services for victims. It also emphasised the importance of reinforcing disciplinary measures and ensuring female representation in shifts across stations.

This comprehensive analysis underscored the urgent need for systemic reforms within SAPS to improve adherence to DVA mandates and safeguard victims' rights.

See attached for full presentation

South African Police Service presentation

The presentation reported on the implementation of the DVA by SAPS between October 2023 and March 2024, as mandated under statutory obligations. It included data on complaints against SAPS members, their roles as perpetrators and victims of domestic violence, the status of firearm seizures, and compliance with the DVA. The report also highlighted training initiatives, public education campaigns, key achievements, challenges, and concluding remarks.

SAPS reported 62 complaints of non-compliance during the period, with most cases involving failures to complete required documentation or serve protection orders. The Free State recorded the highest number of complaints (25), followed by Western Cape (21). Disciplinary measures were implemented, ranging from remedial steps and verbal warnings to investigations of serious cases. The report identified 232 SAPS members as alleged perpetrators of domestic violence and 115 as victims, with Free State and Western Cape leading these statistics. Furthermore, 109 firearms were seized from members, primarily in the Free State, Western Cape, and Gauteng.

Training programs had been conducted to improve SAPS members’ capacity to handle domestic violence cases, incorporating updates from the 2021 DVA amendments. Sessions had been organised nationwide, and all new recruits had received foundational training. Public education campaigns were also a focus, including awareness drives during Women’s Month, Youth Month, and the 16 Days of Activism campaign. SAPS had partnered with civil society and other government departments to conduct door-to-door campaigns and distribute educational materials.

Key achievements included the approval of revised National Instruction 7 of 1999 and the establishment of 1 056 Victim Friendly Rooms (VFRs) across police stations, with 107 more planned. Collaboration with traditional leaders in Mpumalanga has improved reporting of domestic violence and incestuous cases. However, challenges persisted, such as victims’ reluctance to register cases formally, difficulties in serving protection orders due to respondents’ inaccessibility, and issues with victims not following procedural advice.

In conclusion, SAPS emphasised ongoing compliance monitoring, capacity building, and the enforcement of amended gender-based violence laws. Regular inspections and adherence to the National Gender-Based Violence and Sexual Offences Action Plan were cited as integral to improving compliance and victim support across police stations. The report underscored SAPS’ commitment to addressing gaps while highlighting areas requiring further intervention.

See attached for full presentation

Discussion

Mr Gericke said he had prepared some notes and needed to submit them to a Family Violence Unit by the weekend. Reflecting on his experiences, he recounted how he had observed several incidents where first responders struggled to handle cases effectively. He questioned how younger individuals, even with training, could navigate the complex dynamics involved in resolving disputes among elderly couples. He highlighted that cultural differences and sensitivities often presented barriers to meaningful communication and resolution.

He shared his worry about a recent case that had an alarmingly high number of complaints but a disproportionately low rate of prosecutions. He pointed out that having 14 000 registered complaints but only 1 300 cases prosecuted signalled a serious problem. He questioned whether the issue lay with the courts, the prosecutors, or the broader system. He emphasised the need to address this gap, wondering whether the approach of removing individuals temporarily from their homes only to send them back was a sustainable solution.

Commending the Department’s efforts and acknowledging the quality of the presentation, he suggested involving more community structures to address issues at the grassroots level and advocated for solutions that respect the cultural norms and dynamics of different communities. He then raised broader questions about transformation within the Department, particularly regarding race, gender, and cultural sensitivity. He stressed the importance of inclusivity and understanding the needs of diverse populations.

Mr Gericke was frustrated with the slow pace of transformation, particularly given South Africa’s 30 years of democracy. He called for a more inclusive approach, urging that trust and communication not be influenced by race or background. He highlighted that everyone, regardless of their identity, should be treated equally and with respect. He also noted that some individuals still resisted sharing their experiences with professionals of different races or cultural backgrounds, emphasising the importance of breaking down these barriers.

Finally, he questioned government's broader transformation agenda. He referred to ongoing disparities in residential and economic demographics, citing examples of racial concentration in certain areas like Ivory Park and Johannesburg. He urged the Department to focus on integrating communities and addressing these systemic inequalities. Concluding his remarks, he reiterated his desire for a clear plan moving forward, expressing hope for a more unified and transformed society.

Ms O Medupe (ANC, North West) began by expressing appreciation for the presentation and extending compliments to the team. While acknowledging the progress made, she emphasised the need for ongoing improvement and adaptation. She highlighted the issue of non-compliance in administrative decision-making and stressed the importance of empowering teams with the necessary authority to act effectively. She proposed implementing additional training or differential courses for officials who assist victims, particularly to improve their handling of critical forms and procedures.

She noted the importance of addressing fundamental issues like GBV and domestic violence at a high level. She sought clarification on specific recommendations made during the presentation, particularly those addressing the physical presence of resources in rural areas. She asked for further details to understand how these recommendations could be implemented effectively.

Drawing from her recent visit to a rural police station in her constituency, she described the challenges faced by law enforcement in underserved areas. The station served a population of around 200 000 people, yet it operated with minimal resources, including limited staff and vehicles. She pointed out the difficulties faced by officers, especially when only a single vehicle was available to cover vast, remote areas. She underscored the inadequacy of resources, emphasising that these challenges hindered the ability of police to respond promptly and effectively to incidents, including domestic violence cases.

She acknowledged the broader budgetary constraints faced by government but argued that certain areas, such as law enforcement operations, required prioritisation. She emphasised that delays in police response often led to under-reporting of domestic violence cases, as victims lost trust in the system. She concluded by urging for practical solutions to support police operations in rural areas and improve their capacity to address pressing issues, such as domestic violence, more effectively.

Mr N Gotsell (DA, Western Cape) raised several issues during his remarks, focusing on the challenges and gaps in addressing domestic violence effectively. He began by referencing slide 16 of the presentation, expressing interest in statistics regarding individuals who reported domestic violence, withdrew their complaints, but later experienced repeated incidents. He emphasised the importance of understanding this cycle to address the pressures faced by victims to withdraw complaints, which often left them vulnerable to further abuse, injuries, or even fatalities. He asked how the Department was assisting these “repeat complainants” and what measures were in place to provide ongoing support for those trapped in cycles of abuse.

Turning to slide 51, he expressed deep concern about cases where police officers themselves were identified as offenders, citing statistics of 152 and 191 cases. He acknowledged the seriousness of these incidents, particularly given that law enforcement officers were tasked with protecting and serving the community. He questioned handling these cases, including the timelines for disciplinary processes and whether these cases also underwent criminal proceedings. He requested follow-up reports on the specific duration and outcomes of these cases, urging the Department to take swift and decisive action against offending officers.

Referring to slide 33, he discussed the challenges surrounding the service of protection orders. He noted the reliance on sheriffs, which incurs additional costs, and the limitations faced by small police stations, such as having only one vehicle for multiple priorities. He asked how other departments, particularly the Department of Social Development and the Department of Justice, could better assist in this process. He suggested that the Committee explore ways to enhance interdepartmental collaboration to address these logistical and financial barriers.

Finally, Mr Gotsell highlighted the issue of victims who were reluctant to register cases. He linked this to the earlier discussion about repeat complainants and stressed the need for community-level interventions to identify and support individuals in these situations. He proposed that additional resources and assistance be provided to help victims navigate their circumstances and emphasised the importance of ensuring that victims understood the benefits of pursuing justice. He concluded by urging the Committee to explore comprehensive and practical solutions to improve the system’s responsiveness to domestic violence cases.

Mr P Phala (ANC, Limpopo) expressed gratitude for the insights provided but also conveyed his deep concern about the ongoing issues being discussed. Reflecting on the severity of GBV in South Africa, he described it as a national crisis and an embarrassment to society. He shared his perspective that such issues were largely absent during his upbringing, highlighting the significant and troubling changes in societal dynamics.

He emphasised that addressing GBV required a proactive approach and could not be solely reactive. He referred to key developmental frameworks, such as South Africa’s National Development Plan and the African Union’s Vision 2063, which envisioned a better, more inclusive society. He pointed out that the timeline for achieving these goals was rapidly approaching, and addressing GBV was essential to realising this vision.

Focusing on actionable solutions, he asked for clarity on the root causes of GBV as identified in the presentation. He urged the panel to specify the main drivers of this crisis that parliamentarians should address to create meaningful change. He acknowledged that resolving these issues required more than just addressing incidents after they occurred, emphasising the need for preventative strategies that tackled the underlying causes.

Concluding his remarks, he reiterated his commitment to finding solutions that align with South Africa's broader developmental goals. He stressed the urgency of addressing GBV and called on all stakeholders to work collaboratively to eradicate this societal scourge.

Mr P Noe (ANC, Free State) raised several critical points and sought clarification on various aspects of addressing GBV. He began by aligning with earlier remarks about understanding the root causes of GBV but emphasised a deeper focus on perpetrators rather than solely victims. He noted that discussions and reports often highlighted victims' experiences while rarely providing insight into the motivations or backgrounds of perpetrators and asked whether the presentation addressed perpetrators specifically, particularly police officers implicated in such cases. He sought clarification on whether these incidents involved violence against colleagues within the service or against family members, emphasising the need to distinguish between these contexts.

He also raised concerns about the lack of demographic data in the reports, such as the ages of victims and perpetrators and their employment or educational status. He argued that understanding these factors could shed light on patterns and help target interventions more effectively. He questioned where incidents of GBV were most likely to occur and how socio-economic factors, such as unemployment or lack of education, might contribute to the problem.

Turning to awareness programs, he expressed dissatisfaction with their focus. He noted that while these programs increased awareness of GBV, they seemed to lack a preventive component aimed at reducing incidents. He criticised the lack of measurable outcomes in the reports, pointing out that they detailed the work being done but failed to demonstrate success in reducing GBV. He called for a clearer picture of the impact of these initiatives.

He then addressed training issues, specifically whether police officers were adequately equipped to handle GBV cases. He referenced a claim that officers were unaware of certain aspects of domestic violence legislation, despite reports that such training had been included in police college curriculums since 2024. He questioned whether this lack of knowledge was due to gaps in training or officers ignoring what they were taught.

Finally, he expressed concern about high rates of non-compliance in provinces like the Free State and Western Cape. He asked what measures were being taken to address these issues, particularly in provinces with disproportionately high rates of non-compliance, perpetrators, and victims. He also observed that GBV appeared to be more commonly reported among Black communities, with limited reporting from White communities. He asked whether cultural or systemic factors contributed to this disparity and whether steps were being taken to ensure inclusivity in addressing GBV across all racial groups.

He concluded by urging the panel to provide detailed responses, particularly on the effectiveness of current strategies, the role of socio-economic factors, and how they addressed disparities in the reporting and response to GBV.

The Chairperson acknowledged the previous remarks and provided her perspective on the importance of addressing systemic issues related to the transformation agenda. She emphasised that the Department's work had to reflect the social constructs and demographics of South African society. She noted that this was crucial to achieving meaningful diversity and transformation. She urged the Department to articulate its commitment to this agenda and demonstrate whether it had a comprehensive plan in place to ensure that its operations and workforce remained representative and inclusive.

Addressing the broader concerns raised by the discussion, the Chairperson referred to the serious matter of racial dynamics within the context of GBV and perpetration. She highlighted the need for the Department to respond to questions about how these dynamics were being addressed in their programmes. She pointed out that while systemic transformation was a priority, it had to be coupled with a practical and inclusive approach to addressing issues of race and representation in the Department’s initiatives and broader societal challenges.

In conclusion, the Chairperson stressed the importance of ensuring that all responses and actions taken by the Department aligned with the principles of diversity, inclusion, and transformation, particularly in their efforts to tackle GBV and other social issues. She emphasised the need for clarity and commitment in addressing these pressing matters.

Mr M Billy (DA, KwaZulu-Natal) raised three focused and specific questions, seeking clarity on critical operational issues. First, he inquired about the 115 firearms seized from alleged perpetrators. He wanted to know whether Section 102 inquiries, which assessed whether individuals were fit to possess firearms, were conducted for all the seized firearms. If these inquiries had not been conducted, he asked for an explanation as to why this was the case.

Secondly, he addressed the issue of training for SAPS members on domestic violence requirements. He sought clarification on whether there were any current gaps in this training and, if so, what measures were being taken to address and resolve these deficiencies. He emphasised the importance of ensuring that law enforcement officers were adequately trained to handle domestic violence cases effectively.

Lastly, he turned to the topic of psycho-social services for SAPS members and asked how these services were being improved to meet the needs of both SAPS members who were victims and those who were perpetrators of violence. He stressed the need for detailed and specific responses on how these programs were being enhanced to provide adequate support to officers in both roles. In closing, he requested concise and precise answers to his questions, highlighting the urgency of addressing these critical issues.

Mr O Mokae (DA, Northern Cape) commended the presentation and raised concerns about the adequacy of training provided to police officers, particularly at the frontline level. He expressed a need for more clarity and emphasis on how training programs addressed specific challenges faced by officers in handling cases of domestic violence and GBV.

He began by referencing observations from his interactions with local police stations, noting that incidents of insufficient training and understanding often arose at the grassroots level. He touched on the centralisation of training and its limitations, particularly in ensuring frontline officers were equipped to manage sensitive cases effectively. He also referred to a summit involving civil society organisations, emphasising the need for collaboration between academia and practical policing to bridge gaps in understanding.

Turning to the specifics, he asked about the content of the three primary training programs mentioned in the presentation, particularly those addressing domestic violence and GBV. He was interested in how these programs incorporated sensitisation training, especially regarding situations that challenged traditional norms and stereotypes. For example, he highlighted cases where male victims of violence or abuse reported incidents, questioning how the training ensured that such cases were treated with dignity and respect, free of mockery or bias. He stressed that the training should foster an environment of fairness and professionalism, regardless of gender or societal expectations.

Mr Mokae also sought information on how frequently these training programmes were updated to reflect legislative amendments, such as changes to domestic violence laws. He asked to what extent community perspectives and cultural sensitivities were integrated into the training content, ensuring that officers were well-prepared to navigate the complexities of diverse social contexts.

In conclusion, he emphasised the importance of ensuring that police training programs were comprehensive, regularly updated, and reflective of real-world challenges to promote dignity, respect, and equality in handling all cases of violence, irrespective of the victim's or perpetrator's identity.

Adv Nonkonyana thanked the presenters for the report, acknowledging that many of his concerns had already been addressed by his colleagues. However, he raised some important questions about the practical application and enforcement of domestic violence measures, especially in rural and traditional communities.

He expressed his understanding of the challenges that traditional communities faced, particularly isolation and limited access to resources. He questioned whether there were specific solutions or strategies that could be developed to address these unique circumstances, as he felt that without tailored interventions, many victims in these areas might remain unprotected or underserved due to systemic barriers.

He then turned to the issue of police accountability, asking whether it would be possible to provide statistics on the disciplinary actions taken against police officers who violated domestic violence policies. He sought information on how many officers had been disciplined, what the violations involved, and the outcomes of those actions. He emphasised the importance of ensuring that violations by police officers were adequately addressed to maintain trust and effectiveness in the system.

He also raised concerns about the protection orders in place for victims of domestic violence, particularly in traditional communities. He pointed out instances where a perpetrator, despite being served with a protection order, continued to pose a threat to the victim. He then questioned whether the current system was effective in preventing such situations and whether additional measures could be put in place to safeguard victims. He also mentioned that in some traditional communities, there was a tendency to address such issues informally within the family or community, but he wondered if this approach was sufficient or appropriate.

In conclusion, he stressed the need for more robust mechanisms to protect victims, particularly in rural and traditional settings. He suggested that culturally sensitive interventions could help improve the situation, alongside engaging community leaders to support victims and address domestic violence more effectively. He emphasised the importance of aligning formal legal protections with the realities of traditional communities to ensure that no victims were left vulnerable due to either systemic or cultural barriers.

The Chairperson began by expressing her satisfaction with the report, particularly with the progress on issues of compliance and substance, noting that it demonstrated the potential for greater improvement. She acknowledged that various individuals brought different perspectives to the table and emphasised the importance of addressing administrative challenges. She then raised a few questions from her side regarding the effectiveness of the interventions and their implementation.

She started by asking whether the capacity-building programs mentioned in the report were accredited. She sought clarification on whether these programs and workshops were designed with clear compliance guidelines, particularly because some programs may have been misperceived as mere projects. She emphasised that the goal should be to ensure police officers are competent and well-equipped to serve the public effectively.

The Chairperson also raised concerns about the design and coordination of these programmes. She pointed out that, based on her own observations, some individuals responsible for implementing these programmes did not seem adequately prepared, which affected their ability to handle domestic violence cases properly. She questioned how these programs were structured to ensure those in charge had the necessary skills and knowledge to handle such critical matters.

Further, she inquired about the efforts made to engage communities and educate them on what they should do when faced with domestic violence situations. She noted that the CSPS should be more proactive in benchmarking best practices across provinces to improve the overall effectiveness of the system. In particular, she referred to the Western Cape's work on protection orders and suggested that these practices should be explored for replication in other regions.

The Chairperson also raised the issue of digitalisation in handling protection orders. While acknowledging the potential of digital solutions, she questioned the level of awareness and engagement among the public about these tools, wondering if they were truly reaching those who needed them most. She emphasised that despite the efforts being made, the impact of these measures on the ground remained unclear, especially when looking at the statistical outcomes.

She further recommended that more comprehensive demographic reports be developed, particularly for vulnerable groups such as the elderly, people with disabilities, and the LGBTQIA+ community. She stressed the need for a more holistic approach that included diverse community groups and ensured that no one was left behind in addressing GBV.

Lastly, the Chairperson discussed the issue of budget constraints and how they might be hindering the implementation of integrated government systems. She noted that budget challenges should not be used as an excuse for inaction. She highlighted the importance of coordination across various departments and agencies to overcome these barriers and improve the system’s effectiveness. She encouraged officials to actively collaborate with one another to devise solutions before meetings, rather than waiting for external guidance.

She concluded by asking for recommendations from the officials on how to move forward and improve the outcomes in addressing domestic violence.

Responses

Mr Thulani Sibuyi, Secretary for Police, began by acknowledging the discussions and questions that had been raised, appreciating the contributions of his colleagues. He emphasised that to make meaningful progress, there needed to be a shift toward a more integrated approach involving the government and society, especially in dealing with issues like GBV. He noted that while efforts were being made, the implementation strategies often lacked the necessary practical outcomes. He expressed the importance of coordinating across all levels of government and bringing together various departments to address the issue more effectively.

He mentioned that the government had formed a national working group to bring all departments together, recognising that no single department, such as SAPS, could address these issues alone. He pointed out that SAPS, for example, was not adequately trained to handle complex social services issues and would require assistance from other sectors, such as social development. This cooperation across governmental levels would be essential to tackling the problem comprehensively.

He also highlighted that particular focus was being given to the four cities that contributed significantly to crime, suggesting that targeted efforts in these areas could help reduce the overall violence. He then discussed some of the ongoing challenges with protection orders, emphasising that there were areas where these orders were difficult to enforce. He acknowledged that some of these challenges stemmed from issues in coordination with other departments and that inspiration and a broader approach were needed to address the problem more effectively.

The discussion then turned to alcohol abuse, which he pointed out as a significant contributing factor to GBV. He mentioned that the team was currently analysing reports, including a census report, which explored economic and environmental factors contributing to this violence. This report would help better understand the broader issues at play and how they intersect with violence in society.

He also mentioned that the issue of transformation remained an important topic, particularly regarding equity in employment and the need for continued analysis of demographic issues. He stressed that there was a need to close the gaps between reported cases of GBV and their eventual outcomes in the legal system. Despite a high number of cases being reported, the conviction rates remained alarmingly low, and there were issues around undetected or unfounded cases that required further investigation.

Finally, he noted the difficulty in understanding why some cases failed to progress, particularly when the perpetrators were often family members or close partners. These situations made it harder to build cases, as the victims and perpetrators were frequently in ongoing relationships. He concluded that a more thorough and comprehensive analysis of these cases was necessary to address the underlying causes and improve the justice system’s response to GBV.

Mr Takalani Ramaru, Chief Director: Civilian Oversight Monitoring and Evaluation, CSPS, began by addressing questions about unfounded and undetected cases. He explained that when a case was deemed unfounded, it typically meant that a person may have opened a case, but upon investigation, it was discovered that there was a misunderstanding or that the situation had been resolved. For example, young women may initially report a case, but after resolving the issue with their parents or families, they may withdraw their support and no longer wish to pursue the matter, making the case unfounded.

Regarding undetected cases, he clarified that these were cases where the police were unable to locate the perpetrator despite efforts to do so. These cases were classified as undetected because the authorities were unable to find and apprehend the suspect, even after attempting to track them down. He emphasised that such cases were often difficult to resolve and required careful attention to detail.

He then shifted to discuss the importance of learning from past cases, suggesting that analysing patterns and outcomes could help improve future responses. He pointed out that in some provinces, the confidence level in the police's ability to handle such cases was higher than in others. In these areas, community members were more aware of how to report cases, leading to more cases being reported and, consequently, a greater understanding of the issues at hand.

Mr Ramaru concluded by acknowledging that SAPS, through their engagement with communities, had gained a better understanding of how these issues were perceived and addressed, which ultimately improved the response to gender-based violence in those areas.

Lt Gen Maropeng Mamotheti, Divisional Commissioner: Visible Policing and Operations, SAPS, explained that the issue was not related to the training itself, but rather to a cultural barrier between younger police officers and elderly people. She noted that many elderly individuals were uncomfortable sharing personal issues with younger officers, as they felt it was inappropriate due to the age difference. This discomfort, she mentioned, stemmed from cultural norms within the community. To address this, SAPS has been running sensitisation programs to help bridge the gap between officers and the elderly. In addition, community structures and non-governmental organisations (NGOs) worked alongside SAPS to address these challenges and ensure that the elderly felt more comfortable seeking help.

She acknowledged concerns about the slow pace of prosecuting domestic violence cases. While many cases had been investigated, the judicial process often took too long, and this was something that needed to be improved. Despite the delays, she highlighted the progress made, particularly with the Special Crime Scene (SCS) Units, which had achieved a significant number of convictions. Between April and September, SAPS had arrested over 29 000 people, and 556 individuals had been sentenced to life imprisonment. She emphasised that while the finalisation of cases may take time, SAPS was making positive strides in tackling these issues.

She also spoke about the recruitment process, noting that SAPS followed strict equity guidelines. However, she mentioned that targeting specific groups, such as white candidates, for recruitment had proven challenging, as many did not show interest in joining the force. She also stressed that SAPS was committed to continuous training and refresher courses for officers to address knowledge gaps, particularly in areas where non-compliance had been noted. Monitoring and evaluation programs were in place to ensure officers remained compliant and competent, with investigations and disciplinary steps taken for any officers who failed to meet standards.

On the issue of vehicle maintenance, she explained that SAPS had a program in place to monitor the condition of vehicles and ensure they were repaired in a timely manner. She acknowledged that the police force faced challenges with resources, including a high population-to-officer ratio, but emphasised the importance of community collaboration in making the most of the available resources.

She also addressed concerns about protection orders, noting that while SAPS was committed to issuing and serving them promptly, there were often delays due to bureaucratic challenges. She called for improved cooperation between the police, the Department of Social Development, and other agencies to ensure protection orders were issued and served as quickly as possible.

Regarding internal discipline, she discussed the process for dealing with officers who misbehaved, particularly those involved in domestic violence cases. She assured that SAPS had a clear disciplinary procedure, with investigations expected to be completed within 60 days. If an officer was found guilty, they faced appropriate disciplinary actions. Additionally, SAPS was working to address the psychological challenges that many officers faced, particularly those dealing with trauma from their work. She noted that a workshop was being planned to provide officers with psychological support and stress management tools.

Finally, she spoke about the importance of community involvement and collaboration with other departments. She explained that SAPS worked closely with social development and other agencies to address issues like GBV. Despite challenges with budget constraints, she emphasised that collaboration with various stakeholders was crucial in improving services and support for victims.

A representative from SAPS explained that they were committed to supporting communication efforts, especially in relation to domestic violence. She emphasised that there was a platform in place where SAPS members could communicate effectively about domestic violence issues. This platform allowed them to take recommendations from the police service and amplify important messages across the board, ensuring that these were communicated to the community.

She noted that SAPS had been working on addressing the conduct of their members as well, taking steps to make their high-level recommendations visible. By doing so, they could address key issues affecting both their members and the public. SAPS ensured that its communication strategy was well-managed, with a focus on ensuring that its messages reached all the necessary stations and individuals within the organisation. They also emphasised the importance of segmenting key programs to ensure that the messages were tailored appropriately for different groups within SAPS.

The representative mentioned that SAPS worked closely with the human resources department, ensuring that psychological interventions were available for members facing personal challenges. This collaboration was essential for addressing the psychological and social issues that affected SAPS members, both within their communities and in their personal lives. She also highlighted a directive from the Minister, who had instructed that a workshop be held early next year to further explore the issues SAPS members faced. These issues included socio-economic challenges within the communities they served, and how these issues might contribute to instances of misconduct within the force. Many of these cases, she added, could benefit from psychological support and intervention.

The representative concluded by expressing that the responses provided were significant, as they not only addressed the pressing issues but also ensured that SAPS could better support and manage their members, ultimately helping to prevent misconduct and improve overall performance.

Ms J Mahlangu, Acting Director: Strategic Management, CSPS, explained the efforts made to address the issue of same-language interpretation, particularly within the context of SAPS services. She mentioned that there were three main ways in which they had worked to ensure access to proper communication for those in need. The first approach involved the National Commission entering into an agreement within 2022. This agreement enabled the dissemination of contact details to all members, allowing them to easily access their provincial coordinators for support.

The second method focused on training SAPS members in basic sign language interpretation. While this training enabled them to start communicating with individuals who may need sign language support, it was intended as a temporary solution until they could connect the person to a professional sign language interpreter.

The third method, though not ideal, involved the use of a relative or friend to assist with communication. However, she pointed out that this approach could be problematic, particularly if the relative or friend was the abuser. In such cases, the person helping with the interpretation may distort the message or manipulate the situation, which was something they actively tried to avoid. To address this, SAPS was also exploring electronic and remote language interpretation options through its Technology Management Services.

Regarding the inclusion of LGBTQIA+ issues within the domestic violence programme, Ms Mahlangu shared that they had worked to incorporate these concerns into their training and services. They had advocated for exercises and content that reflected the diversity of partnerships and identities that members of the LGBTQIA+ community may have. This was part of an effort to ensure that all individuals, regardless of their identity, were treated with the same level of professionalism and respect when interacting with SAPS.

Further discussion

The Chairperson asked for clarification regarding the submissions and the statistics on domestic violence. She noted that while the report provided some achievements, it lacked specific resolutions, and there were concerns about the information provided. She pointed out that issues such as LGBTQIA+ rights should be included in the broader domestic violence agenda, suggesting that the police needed to be more effective in addressing these issues. She reflected on the experience of individuals who went to a police station to report domestic violence, highlighting the importance of receiving appropriate questions and the right support in the right language.

She also noted that the inclusion of traditional leaders in discussions around domestic violence was crucial. The Chairperson mentioned that consulting with them could help address the challenges and refine their approach to handling complaints. She encouraged the use of technology to improve the process, mentioning that the system was not yet digitalised, but expressed happiness about the progress made, such as attempts to update the system.

The Chairperson stressed the importance of continuous capacity building for those working with domestic violence cases, especially in terms of improving communication skills and ensuring that police officers were properly trained. She referred to the need for more effective language and communication in filling out forms and assisting victims, emphasising that these skills were necessary for effective handling of complaints.

Lastly, she expressed satisfaction with the responses received from SAPS, acknowledging that the responses clarified the issues that needed attention. She emphasised the need for ongoing oversight and communication to ensure that issues raised were addressed effectively, particularly when working with provincial representatives. She concluded by stating that these efforts were vital for improving domestic violence prevention and response.

Mr Noe apologised if something had been overlooked or not mentioned earlier, but he emphasised the importance of addressing a particular point. He noted that it would have been helpful if the Department had provided more clarity regarding budget constraints, as it seemed that the issue was not raised in the presentation. He acknowledged that it was commendable that there was no complaint about financial limitations or budget cuts affecting the work. The absence of such complaints gave him satisfaction, as the report did not focus on the lack of funding but rather on the tasks at hand.

He expressed his appreciation for this, as it indicated that the Department was still moving forward with its work despite potential financial challenges. He further raised the point that it would be beneficial to receive a detailed breakdown of the issues, such as non-compliance, and a regional analysis of police stations, specifically in areas like the Free State. This, he suggested, would allow Members to better understand the situation and offer targeted support to improve conditions in specific regions, such as the eastern Free State where he was from. He concluded by highlighting the need for a collaborative effort to address these issues.

Concluding remarks

The Chairperson expressed concern about the lack of tangible outcomes in the report, pointing out that there was no clear indication of how the situation had been addressed or improved. She suggested that the first oversight should focus on the issues highlighted in the report and emphasised the need for the team to prioritise their efforts. She noted that there were areas where people, including police officers and their assistants, were not properly sensitised to the issues at hand, and this was a key challenge. She proposed focusing on one specific police station where improvements could be made, ensuring they had something concrete to show for their efforts.

She further emphasised the need for a comprehensive report detailing where challenges existed, especially within correctional centres and police stations, where limitations were evident. She stressed that collaboration between departments was essential, and she urged that a detailed plan be presented showing how various departments could work together to address the challenges. She pointed out that withholding information would only hinder progress, and that sharing detailed interventions would allow for better planning and future oversight.

The Chairperson acknowledged the commitment of the officials present, appreciating the discussions that had taken place. However, she also highlighted the seriousness of the issues at hand, such as the reluctance to speak up about conflicts and the impact on the prosecution process. She noted that it was important to address all matters openly, especially when it came to the treatment of individuals and the application of protection orders. She concluded by stating that the public needed to understand the process, including the timeframes involved, and emphasised the need for further clarity in communication.

The meeting was adjourned.

 

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