ATC140324: 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

NCOP Women, Children and People with Disabilities

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:

  • Ms M Marthinus, Acting Senior Magistrate
  • Ms Y Ismail, Court Manager
  • Mr J Loots, Acting Chief Magistrate
  • Mr Y Kamedien , Magistrate: Domestic Violence
  • Mr N Geldenhuys , Acting Area Court Manager

Mitchell’s Plain Police Stations:

  • Major General JA Veary , Cluster Commander
  • Brigadier JJ Brand, Station Commander, Eastridge , Mitchell’s Plain
  • Lt Colonel Pedro, Station Commander, Lentegeur
  • Lt Col WB Strauss, Commander: Lentegeur and Crime Offices

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:

· The station does not have dedicated sign language interpreters and interpreters to assist in terms of foreign languages. The court relies on members of the community who speak foreign languages and outsource sign languages interpreters to render those services;

· 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.

Documents

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