To The Parliamentary Portfolio Committee on Police

With regard to the Domestic Violence Act of 1998, (the “DVA) we have identified that one of the problems with its proper implementation stems from the SAPS’s lack of training on the Act. Another stumbling block with regard to the proper implementation of the Act is the interpretation of what constitutes “imminent harm” often, even if the survivor of domestic violence has a protection order, the police are very reluctant to arrest the perpetrator unless they are convinced that there is “imminent harm”. This is a problem as it almost renders the protection order of no effect whatsoever. I think it is important and necessary to have a debate on what constitutes “imminent harm” as far as Police are concerned.
Another obstacle is the attitude of the Police when survivors of domestic violence report cases, often the Police want to play the role of the mediator as opposed to assisting the client in obtaining a protection order against the perpetrator. This practice discourages women from reporting case of domestic violence because they know that they are not going to be taken seriously. Often they are told by the Police to sort out the dispute between the partner. The SAPS/ Minister of Safety and Security should be held accountable in these instances for the failure of their employees to implement legislation which has been put in place to protect women against domestic violence.
While the ICD can make recommendations when a Police has been reported for misconduct, the SAPS is not bound by any recommendations made by it. We are hoping that the new body which has been established, the Civilian Secretariat for Police (the “Secretariat”) will be of great assistance in ensuring that Police conduct themselves in line with the Constitution and properly implement legislation. 
The Secretariat which derives its mandate from Section 208 of the Constitution, which states that the “Minister of Police should establish a Police Civilian Secretariat which operates directly under his direction, authority and serve as an advisory body to the Ministry”. Some of its functions will be to monitor and evaluate compliance with the DVA, make recommendations to the Police Service on disciplinary procedures and measures with regard to non-compliance with the DVA, in particular the Secretariat, which will also  monitor and supervise the ICD, also has powers to order that, should there be a claim against a Police Officer for misconduct, that a disciplinary hearing be held within thirty days. The Secretariat will also monitor the level of compliance  in the implementation of the Child Justice Act and identify policy gaps on gender and child justice issue.
With regard to the implementation of the Sexual Offences Act 2007, one of the obstacles we have identified with regard to its  implementation is that, apart from the fact that people have lost faith in the criminal justice system due to low rates of convictions in rape cases, people do not report rape cases because they fear that they are going to be discriminated against and treated in a degrading manner, this is especially so for the marginalised groups of people like LGBTI and sex workers to name but a few. These groups of individuals face such degrading treatment from the police, the health sector as well as society. This results in secondary victimisation. Steps need to be taken to ensure that all the relevant departments such as the, SAPS and Department of Health see to it that steps are taken to prevent these practices and that the laws are properly implemented and that employees of these departments do not let their personal views rob people of rights which have been afforded to them through legislation. We need to get rid of the stereotype attitudes. There is no question that Police need training on the Domestic Violence and Sexual Offences Act.

Nonandi Diko
Gender Based Violence & Access to Health Attorney
Women’s Legal Centre
7th Floor, Constitution House
124 Adderley Street
Cape Town
Tel: (021) 424-5660
Fax: (021) 424-5206
Email: Nonandi@wlce.co.za 

18 AUGUST 2011