RESPONSE OF THE RESPONSE OF THE SOUTH AFRICAN POLICE SOUTH AFRICAN POLICE

SERVICE SERVICE TOTO

CONCERNS RAISED CONCERNS RAISED DURING THE PUBLIC DURING THE PUBLIC

HEARINGSHEARINGS

OBLIGATIONS ON THE OBLIGATIONS ON THE POLICEPOLICE

Police must render assistance to the victim to -Police must render assistance to the victim to - find suitable shelter; find suitable shelter; obtain medical treatment; andobtain medical treatment; and make a decision on the remedies at his or her make a decision on the remedies at his or her

disposal.disposal. Accompany victim to collect personal propertyAccompany victim to collect personal property Record keeping (eg Domestic Violence Register)Record keeping (eg Domestic Violence Register)

POWERS OF THE POLICE: POWERS OF THE POLICE: DOMESTIC VIOLENCEDOMESTIC VIOLENCE

A police officials has the power to -A police officials has the power to - arrest the respondent;arrest the respondent; seize weapons;seize weapons; serve protection orders; andserve protection orders; and enforce protection orders.enforce protection orders.

ISSUES RAISED DURING ISSUES RAISED DURING PUBLIC HEARINGSPUBLIC HEARINGS

Non-compliance with obligations in terms of the Act and Non-compliance with obligations in terms of the Act and National InstructionNational Instruction

Failure to serve protection ordersFailure to serve protection orders Failure to arrestFailure to arrest Domestic Violence should be reportable crimeDomestic Violence should be reportable crime Seizure of firearmsSeizure of firearms Return of FSC UnitsReturn of FSC Units Role of female members to assist victims Role of female members to assist victims Privacy of victims should be respected at stationsPrivacy of victims should be respected at stations Role of CPFRole of CPF

NON-COMPLIANCE WITH NON-COMPLIANCE WITH THE ACTTHE ACT

Section 18(4) provides that a failure by a Section 18(4) provides that a failure by a member to comply with an obligation imposed member to comply with an obligation imposed in terms of the Act or the national instruction, in terms of the Act or the national instruction, constitutes misconduct and the ICD must constitutes misconduct and the ICD must forthwith be informed thereofforthwith be informed thereof

Any reported failure is investigatedAny reported failure is investigated If valid - disciplinary steps are takenIf valid - disciplinary steps are taken ONLY the ICD may grant exemption from ONLY the ICD may grant exemption from

disciplinary stepsdisciplinary steps

NON-COMPLIANCE WITH THE NON-COMPLIANCE WITH THE ACT (Cont)ACT (Cont)

Compliance by members is continuously Compliance by members is continuously monitored by –monitored by – station managementstation management inspectorates at provincial and national levelinspectorates at provincial and national level Auditor General performance auditAuditor General performance audit

New members are guided by Field New members are guided by Field Training Officers and receive continuous Training Officers and receive continuous in-service training in-service training

NON-COMPLIANCE WITH THE NON-COMPLIANCE WITH THE ACT (Cont)ACT (Cont)

Non-compliance is addressed by –Non-compliance is addressed by – providing directives, information and providing directives, information and

awareness material on an ongoing basis;awareness material on an ongoing basis; appropriate disciplinary action; andappropriate disciplinary action; and continuous in-service training.continuous in-service training.

If station is found not to comply with Act, If station is found not to comply with Act, remedial steps are taken on the spot and remedial steps are taken on the spot and reported to management to follow up to ensure reported to management to follow up to ensure compliancecompliance

NON-COMPLIANCE WITH THE NON-COMPLIANCE WITH THE ACT (Cont)ACT (Cont)

Statistics on non-compliance by members are Statistics on non-compliance by members are collated on a monthly basis from stations and collated on a monthly basis from stations and submitted to provincial offices, and then to the submitted to provincial offices, and then to the national office national office

Figures of non-compliance fluctuate. In Figures of non-compliance fluctuate. In current financial year, the national office current financial year, the national office visited 45 stations in all 9 provinces to visited 45 stations in all 9 provinces to establish the level of compliance. Non-establish the level of compliance. Non-compliance was only found at 10 stationscompliance was only found at 10 stations

FAILURE TO SERVE FAILURE TO SERVE PROTECTION ORDERPROTECTION ORDER

This issue arises from the misperception This issue arises from the misperception that only members may serve protection that only members may serve protection ordersorders

Section 13 provides that a protection order Section 13 provides that a protection order must be served either by the clerk of the must be served either by the clerk of the court, a sheriff or a peace officercourt, a sheriff or a peace officer

Police should only be utilized in cases Police should only be utilized in cases where the victim is in danger of imminent where the victim is in danger of imminent harmharm

FAILURE TO ARRESTFAILURE TO ARREST This issue arises from the misperception that members This issue arises from the misperception that members

MUST arrest in certain circumstances (eg if a protection MUST arrest in certain circumstances (eg if a protection order is contravened)order is contravened)

If a protection order is contravened, the police may ONLY arrest the respondent if the member is of the opinion that the victim may suffer imminent harm if the perpetrator is not arrested

There is NO DUTY on police to arrest. A member has a discretion and must be satisfied that the victim is in danger of imminent harm before deciding to arrest

Community insists that members must arrest, even where the victim is not in danger of imminent harm, resulting in – civil claims against police for wrongful arrest; and loss of income of breadwinner and the family suffering.

DOMESTIC VIOLENCE: DOMESTIC VIOLENCE: REPORTABLE CRIME?REPORTABLE CRIME?

Domestic violence is Domestic violence is NOTNOT a crime a crime Only certain forms of domestic violence Only certain forms of domestic violence

constitute crimes (eg murder, rape, constitute crimes (eg murder, rape, assault, etc)assault, etc)

All incidents of DV are recorded in All incidents of DV are recorded in domestic violence registers while crimes domestic violence registers while crimes are registered on Crime Administration are registered on Crime Administration SystemSystem

SEIZURE OF FIREARMSSEIZURE OF FIREARMS Police are empowered to seize firearms -Police are empowered to seize firearms -

if respondent threatened to kill / injure anyone if respondent threatened to kill / injure anyone by means of firearm / dangerous weapon; orby means of firearm / dangerous weapon; or

because of mental condition of respondent, because of mental condition of respondent, his inclination to violence or dependence on his inclination to violence or dependence on substance with intoxicating or narcotic effect.substance with intoxicating or narcotic effect.

This is followed by an inquiry to determine This is followed by an inquiry to determine fitness of the respondent to possess a fitness of the respondent to possess a firearm (sec 102 of Firearms Control Act)firearm (sec 102 of Firearms Control Act)

A protection order may authorize the A protection order may authorize the Police to seize firearmsPolice to seize firearms

RE-INTRODUCTION OF RE-INTRODUCTION OF FCS UNITSFCS UNITS

Policy decision was taken to Policy decision was taken to

rere--introduce FCS Unitsintroduce FCS Units This decision is currently being This decision is currently being

implemented and involves the selection, implemented and involves the selection, training and transfer of memberstraining and transfer of members

ROLE OF FEMALE MEMBERSROLE OF FEMALE MEMBERS There is not enough female members to There is not enough female members to

make a female member available at make a female member available at every station to attend to every victim every station to attend to every victim of domestic violenceof domestic violence

A policy decision was taken to recruit A policy decision was taken to recruit more female members and this is in the more female members and this is in the process of being implementedprocess of being implemented

PRIVACY OF VICTIMS AT PRIVACY OF VICTIMS AT POLICE STATIONSPOLICE STATIONS

Building plans for new police stations Building plans for new police stations provide for areas where victims can provide for areas where victims can be attended to in privatebe attended to in private

As far as may be possible within the As far as may be possible within the available funds, similar areas are available funds, similar areas are created during the upgrading of created during the upgrading of existing stationsexisting stations

ROLE OF CPF’sROLE OF CPF’s Police team up with CPF’s to raise Police team up with CPF’s to raise

awareness in the community about -awareness in the community about - the plight of victims of gender based violencethe plight of victims of gender based violence assistance that victims of domestic violence assistance that victims of domestic violence

may expect from the policemay expect from the police CPF’s liaise with, and mobilize the CPF’s liaise with, and mobilize the

community and community based community and community based organizations to assist victims of domestic organizations to assist victims of domestic violence by providing shelter, counselling- violence by providing shelter, counselling- and other support servicesand other support services

CHALLENGES: PROPOSED CHALLENGES: PROPOSED LEGISLATIVE AMENDMENTSLEGISLATIVE AMENDMENTS

Different protection orders are issued that are in Different protection orders are issued that are in direct conflict with one another because the direct conflict with one another because the magistrate is unaware of existing orders.magistrate is unaware of existing orders.

Members are placed in an untenable position Members are placed in an untenable position and are expected to enforce contradictory ordersand are expected to enforce contradictory orders

Proposal: All protection orders issued for or Proposal: All protection orders issued for or against a complainant should be presented to against a complainant should be presented to the magistrate before a protection order may be the magistrate before a protection order may be issuedissued

CHALLENGES: PROPOSED CHALLENGES: PROPOSED LEGISLATIVE AMENDMENTS (Cont)LEGISLATIVE AMENDMENTS (Cont)

Disputes arise on what qualifies as Disputes arise on what qualifies as “personal property” and the ownership “personal property” and the ownership of the propertyof the property Members are not in a position to adjudicate Members are not in a position to adjudicate

on such disputeson such disputes Members expose themselves to criminal Members expose themselves to criminal

charges if they mistakenly permit property to charges if they mistakenly permit property to be taken by the complainantbe taken by the complainant

Proposal: Court to determine and specify Proposal: Court to determine and specify personal property that should be collectedpersonal property that should be collected

CHALLENGES: PROPOSED CHALLENGES: PROPOSED LEGISLATIVE AMENDMENTS (Cont)LEGISLATIVE AMENDMENTS (Cont)

Magistrates directing police to serve all Magistrates directing police to serve all protection orders protection orders This sometimes result in police vehicles being This sometimes result in police vehicles being

permanently engaged serving orders and permanently engaged serving orders and being unavailable to perform policing being unavailable to perform policing functionsfunctions

ProposalProposal: Clear delineation of : Clear delineation of circumstances in which the Police must circumstances in which the Police must serve a protection order.serve a protection order.

CHALLENGES: PROPOSED CHALLENGES: PROPOSED LEGISLATIVE AMENDMENTS (Cont)LEGISLATIVE AMENDMENTS (Cont)

No determined period of validity of protection No determined period of validity of protection orderorder Protection orders remain permanently in force even Protection orders remain permanently in force even

though the issue that gave rise to the application for the though the issue that gave rise to the application for the order may have been resolved and the complainant has order may have been resolved and the complainant has lost the documents. The complainant cannot remember lost the documents. The complainant cannot remember at which police station the order was lodged, but request at which police station the order was lodged, but request enforcement of the orderenforcement of the order

Proposal: The period of validity of a protection order Proposal: The period of validity of a protection order should be limited (eg 3 yrs), complainants may then should be limited (eg 3 yrs), complainants may then request renewal upon expiry, if still requiredrequest renewal upon expiry, if still required..

CHALLENGES: PROPOSED CHALLENGES: PROPOSED LEGISLATIVE AMENDMENTS (Cont)LEGISLATIVE AMENDMENTS (Cont)

Discretionary power of member to arrest Discretionary power of member to arrest upon contravention of protection orderupon contravention of protection order The discretion is too wide and create expectations The discretion is too wide and create expectations

that cannot be fulfilledthat cannot be fulfilled

Proposal: Limit discretionary power to Proposal: Limit discretionary power to arrest by providing clear conditions before arrest by providing clear conditions before an arrest may be madean arrest may be made

CHALLENGES FOR THE POLICECHALLENGES FOR THE POLICE Lack of sheltersLack of shelters