Report
of the Portfolio Committee on Women, Children, Youth and People with
Disabilities: Oversight visit to the Mitchell’s Plain Magistrate Court and
Police Station to assess services to victims of domestic violence, 12 March
2014
The Portfolio Committee on Women, Children, Youth and
People with Disabilities having undertaken an oversight visit to Mitchell’s
Plain Magistrate Court and Police Station on 28 July 2010 reports as follows:
1. Introduction
The
objective of the visit was to assess the services of the Departments of Justice
and Constitutional Development and Police, rendered to victims of domestic
violence. To this end, the Committee set up formal meetings with court
officials and undertook site visits to the court and the police station.
2. Delegation
The
Committee delegation was comprised of the following:
African National Congress (ANC)
Ms
P Petersen-Maduna
Ms
D Ramodibe
Mr
GJ Selau
Ms
B Thompson – leader of delegation
Ms
GK Tseke
Democratic Alliance (DA)
Ms
PC Duncan
Ms
D Robinson
Congress of the People (COPE)
Ms
SP Rwexana
Inkatha Freedom Front (IFP)
Ms
SP Lebenya
The
Parliamentary officials comprised the following:
Ms
N Nobatana, Committee Secretary, Committee Station
Ms
K Abrahams, Researcher, Research Unit
Ms
C Levendale, Researcher, Research Unit
Mr S Makeleni, Committee Assistant, Committee Section
The
Committee met with the following delegation:
Magistrate Court:
Mitchell’s
Plain Police Stations:
3. Meeting with officials from the Mitchell’s
Plain Court and Police Stations
Mr
N Geldenhuys, acting Area Court Manager, and Major
General Veary, Cluster Commander, briefed the
Committee on the process used in assisting victims of domestic violence.
Mr Geldenhuys noted that there was a working relationship
between the Departments of Justice and Constitutional Development and Police to
address issues of domestic violence in the country. Both Departments, together
with the relevant stakeholders initiated a “Maintenance Forum” which meets
regularly to look at challenges related to maintenance, matters related to
domestic violence, and possible ways to deal with identified challenges. This
forum also looks at strategies to diminish the time to serve protection orders
to offenders.
Major
General Veary noted that the police station was
located within a presidential node (1 of 12 presidential sites) and had a staff
complement of 630. The police
officials work with the members of the community in order to assist victims
of domestic violence. 50 to 60% of police officials employed at the police
station live within the Mitchell’s’ Plain area. The station received 100 police
students from across the country, but due to transport problems, students are
accommodated in the Mitchell’s Plain area.
In terms of counselling of victims, the station uses the services of
volunteers and churches that are trained to counsel victims of abuse, as well
as trained psychologists who deal with victims. The presenter further
highlighted the process of dealing with victims of domestic violence such as
taking a statement from the victim in the support room, assisting the victim in
terms of completing the J88 form and referring the victims for counselling. The
official in charge would assess the situation and determine the best option,
especially if there are children involved. The official will arrest the
offender if the person has violated the protection order.
3.1 Statistics of reported domestic violence
related cases at police stations and applications for protection orders at
courts: April to June 2010
The police station received 2 486 domestic violence complaints from
April to June 2010. 701 of these complaints were received in April, 86 in May
and 904 in June 2010. All of the 2 486 cases requested the issuing of
protection orders from the Mitchell’s Plain Magistrate Court.
In
the same period, four hundred and seventeen (417) domestic violence cases were
reported. Table 1 below provides an
overview of the category and number of reported cases and patterns of crime:
Offence |
Sunday |
Monday |
Tuesday |
Wednesday |
Thursday |
Friday |
Saturday |
Total |
Common
assault |
27 |
24 |
20 |
24 |
22 |
16 |
26 |
159 |
Domestic
violence |
13 |
15 |
10 |
10 |
13 |
9 |
16 |
86 |
Crimen injuria |
4 |
9 |
9 |
15 |
5 |
5 |
13 |
60 |
Malicious
damage to property |
4 |
7 |
6 |
4 |
1 |
1 |
5 |
28 |
Assault
with the purpose to inflict grievous bodily harm |
3 |
|
4 |
2 |
6 |
4 |
3 |
22 |
Other
offences against the administration of justice (category A) |
2 |
4 |
1 |
4 |
5 |
1 |
1 |
18 |
Other
offence in connection with order and peace (category A) |
5 |
2 |
|
1 |
|
3 |
3 |
14 |
Theft
general |
1 |
1 |
5 |
1 |
2 |
4 |
|
14 |
Burglary
at residential premises |
|
|
1 |
1 |
3 |
1 |
|
6 |
Rape |
|
|
|
2 |
|
1 |
|
3 |
Sexual
assault |
|
|
|
2 |
|
1 |
|
3 |
Murder |
|
|
|
|
|
|
|
|
Child
abuse (Section 50 (A)) |
|
|
|
|
|
|
1 |
1 |
Child
care |
|
|
|
|
|
1 |
|
1 |
TOTAL |
59 |
62 |
58 |
65 |
58 |
46 |
69 |
417 |
Of
the 417 reported cases, 150 cases were reported in Tafelsig,
56 in Eastridge, 46 in Beacon Valley, 36 in Lentegeur, 29 in Rocklands, 26 in
Woodlands, 25 in Portlands, 24 in Westridge,
8 in Montrose Park, 5 in Mandalay, 5 in Westgate, 4 in New Woodlands, and 3 in Weltevreden Valley.
The number of actual domestic violence related cases was 445. 127 of
these cases were received in April, 172 in May and 146 in June. The police
spent approximately 83 hours a month serving protection orders. This highlights
the impact of domestic violence on police resources.
3.2 Role of officials from court and police
stations
In
terms of following the prescripts of the Domestic Violence Act (No. 116 of
1998), the following is undertaken:
·
If the victim is employed, payment is made
through the Office of the Sheriff of the Magistrate’s Court, but if unemployed,
the South African Police Services issues the protection orders. There is no set
fee for the issuing of protection orders. This is determined by the Magistrate
who makes a ruling taking into consideration the distance that the sheriff has
to travel and other matters. It takes approximately two to three days before
the Magistrate takes a decision to grant the protection order. The Court also
ensures that they educate police officials in dealing with and assisting
victims of domestic violence;
·
The court has interpreters for 9 official
languages, including the principal interpreter. This system however excludes interpreters
for foreign languages and there are no sign language interpreters on site. The
court makes use of a database to source foreign language and sign language
interpreters. The database is updated on a monthly basis in the regional
offices;
·
Court officials indicated that withdrawals of
cases of domestic violence are very high. Prosecutors decide on whether to
withdraw cases and at times the investigating officer will make a
recommendation to the magistrate not to withdraw a case; and
·
In terms of children affected by domestic
violence, social workers were available on site to deal with those children and
advise the court on the action to be taken in terms of assisting the child. In
terms of ensuring the privacy of the child when testifying in court, intermediary
rooms and cameras for children to testify in court are available.
3.3 Relationship between court and
non-governmental organisations (NGOs)
The
Mitchell’s Plain area has the highest rate of domestic violence cases. The
court has a working relationship with the number of non-governmental
organisations (NGO). NGOs assist victims of domestic violence in terms of
completing forms, explaining the procedure of reporting cases of domestic
violence, what is expected of the victim and responds to their questions,
provides counseling and refers for further counseling if required. Some NGO’s assist in terms of briefing witnesses in preparations
for court appearances. Forms are taken to the Clerk of the Papers for
administrative purposes and forwarded to the Magistrate who reviews application
and authorises protection orders.
3.4 Site visit
The
delegation visited a court where domestic violence cases are heard. The
officials showed the delegates the names of offenders and victims who were
going to appear before the Magistrate. These lists appeared in a public viewing
area. Members were concerned about the lack of privacy in this regard.
4. Challenges faced by courts and police in
undertaking their mandate
4.1 Court
The
officials noted the following challenges related to the implementation of
Domestic Violence Act:
(i)
The amount of time taken to serve the protection
order to the offender;
(ii)
Challenges that are related to languages in
terms of language used in court and also unavailability of sign language
interpreters;
(iii)
The Domestic Violence Act does not contain
provisions for violence in schools (i.e. violence between children) and it also
does not make provision for cases where violence occurs between couples;
(iv)
Members of the public sometimes abuse the Domestic
Violence Act. This relates to cases where there is joint ownership of houses.
In such instances, one partner would request the court to evict the other due
to problems experienced by them and would use the Act to enforce this; and
(v)
The court does not have the capacity to have the
clerk of the court to serve protection orders.
4.2 Police station
The following challenges were identified:
·
Another problem arising is
cases where DVA is used as a tool for maintenance;
·
It was indicated that in
most cases, police officials in the home where both the offender and victim are
present (albeit not in the same room) take statements. This does not make for a
conducive environment for the victim;
·
Police officers are often
faced with crowded households when investigating a domestic violence incident
for which they may not have the requisite skills to deal with stabilising
crowds without adequate back-up. Thus placing their safety at risk as well as
that of the victim. The victim should be allowed to make a statement in a
neutral environment; and
·
The DVA relies too much on
the discretion of a police official to make certain decisions. This is
particularly problematic for young constables with no historical background to
determine whether there is “eminent harm” or not.
5. Findings
The Committee observed the following:
·
In both the police station
and the Magistrates Court, there were no dedicated sign and foreign language
interpreters;
·
Time taken by officials to
serve protection orders to offenders is a challenge;
·
There is no communication
between legislators and implementers of law in terms of ensuring that laws that
are passed by legislators are costed and effectively
implemented.
·
A gap identified was that
statistics on children in relation to domestic violence cases were not recorded
only statistics on the number of child abuse cases.
6. Recommendations
The Committee made the following recommendations:
·
A method of communication
between legislators and implementers of law should be developed to ensure that laws
that are passed are implemented and to identify gaps and challenges that exist;
·
Non-governmental
organisations with programmes to assist victims of domestic violence should be
supported;
·
Courts should develop
prevention measures in terms of handling of domestic violence cases;
·
The court should provide
the Committee with a report outlining the cost and difficulties of having to
procure the services of foreign and sign language interpreters; and
·
The Committee will debate
issues of concerns as raised by the Magistrate Court and Police officials in
Parliament.
Report
to be considered.