Implementation of the Domestic Violence Act

The implementation of the Domestic Violence Act (DVA) is an urgent necessity. Statistics on domestic violence are telling and worrying. South Africa is a case in point. According to a 2016 health and democratic survey, a fifth (21%) of women over 18 years old in intimate relationships have experienced physical violence from a partner; 6% experienced sexual violence from a partner.

During a briefing to the Portfolio Committee on Police, the South African Police Service (SAPS) indicated that it is in the process of developing a plan to ensure implementation of the Act. Forums have been established to prioritise implementation of this Act. The Minister of Police held an Action Indaba on 17 and 18 August 2017 where all were invited including community-based organisations, academia and the youth. The major theme of the action-oriented Indaba was to come up with actions to be taken to tackle the problem of gender-based violence and sexual offences. The next step would be for the Civilian Secretariat for Police to go to provinces so that the provinces could look at these action plans and then develop their own specific actions. The Minister also unveiled the six points to address gender-based violence at the Action Indaba. The six points address minimum requirements in the police stations and there is also an acknowledgment that the police could not solve this problem on its own as the support of everyone in government and the general public is also required.

In terms of challenges, provinces report that there are different interpretations of the DVA / National Instruction 7/1999 by oversight bodies including SAPS management Intervention and SAPS National Office. There is still improper implementation of DVA / National Instruction by SAPS members in most cases e.g. incident forms are not always fully and correctly completed. Thus, the Department of Police believes internal monitoring mechanisms should be strengthened. The Station Commissioners should ensure full adherence and compliance to provisions of the Act and National Instructions, and Station Commanders should be held accountable for failing to record incidents of non-compliance by SAPS members.

Lawyers for Human Rights (LHR) expressed shock “by what appears to be utter failure to properly discipline non-compliant officers, especially those who are perpetrators of domestic violence themselves”. It is their view that although the new Domestic Violence Act prevents police from dropping charges against the suspects, a lack of cooperation from the complainants often stalls the cases. In most of the cases, this happens when the victim and the suspect reconcile. However, it is well understood that police alone cannot win this battle. Police are not everywhere and in most of the incidents, the fights take place in private areas; and that is where the killings take place.

MPs pointed out the need to probe the factors that continue to prohibit implementation of the DVA. It is unclear whether there is a shortage of resources or lack of commitment to ensure the Act is being implemented and that there is compliance. Gender-based violence is negatively impacting the fabric of society and therefore it needs to be handled with the seriousness it deserves.