secretariat for police1 domestic violence act compliance implementation plan 2012/13 fy secretariat...

SECRETARIAT FOR POLICE 1

DOMESTIC VIOLENCE ACT COMPLIANCE IMPLEMENTATION PLAN 2012/13 FY

SECRETARIAT OF POLICE

SECRETARIAT FOR POLICE

BACKGROUND

• The Domestic Violence Act 116 of 1998 (DVA) was promulgated in 1999 in an attempt to provide victims with an accessible legal tool to stop domestic abuse. Though far-reaching in its definition of what constitutes an act of ‘domestic violence’ and ‘domestic relationships’, implementation has been negatively affected by a lot of challenges.

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BACKGROUND CONT……

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• In an attempt to ensure adequate implementation, the legislation required the National Commissioner of the SAPS to issue National Instructions and Policy Directives in terms of which its members must comply in the execution of their functions. In addition, the Act also provides for a positive or legal duty on the police to perform in terms of the provisions of the law. The National Commissioner is also obliged to submit reports to Parliament every six months regarding the number of complaints received against the police, disciplinary proceedings instituted as a result of those complaints and the outcomes of such proceedings.


BACKGROUND CONT…

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The former Independent Complaints Directorate (ICD) monitored SAPS’s non-compliance with the implementation of the DVA until 31 March 2012. This role was transferred to the Civilian Secretariat for Police according to the Civilian Secretariat for Police Service Act no. 02 of 2011.

The SAPS is compelled to comply with the provisions of the DVA and the National Instructions, any failure to do so constitute misconduct and must be reported to the Secretariat.

The Civilian Secretariat for Police Service Act mandates the Civilian Secretariat to:-•Monitor and evaluate compliance with the Domestic Violence Act, 1998 (116 of 1998) by the South African Police Service Sec 6 (1) (a) •Make recommendations to the police service on disciplinary procedures and measures with regard to non-compliance with the Domestic Violence Act


Responsibilities of Civilian Secretariat for Police

• Monitor DVA Compliance by the SAPS through conducting station audits

• Monitor the implementation of recommendations made regarding non-compliance by the SAPS members

• Report to parliament on the level DVA compliance


Role of Provincial Secretariats

• The Head of a Provincial Secretariat must, through the head of a provincial department responsible for Safety and Security, should submit to the MEC and the Secretary quarterly reports on the activities done.

• Provincial Secretariat shall receive monthly reports on non-compliance complaints by SAPS members from the Provincial Commissioner and make recommendations on disciplinary processes.

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Implementation plan

Task

Activities Purpose Expected outcomes Responsibility Time frame

Budget Progress to date

1. Regulations

• Development of the Civilian secretariat Act regulations

• Alignment of SAPS National Instructions with the monitoring role of the Civilian Secretariat

To have the Civilian Secretariat’s mandate clearly regulated in all relevant policy documents

• Civilian secretariat Regulations developed

• SAPS National Instructions aligned to the Civilian Secretariat

Civilian Secretariat - Policy Compliance DirectorateSAPS

To be completed by 31 March 2013

Civilian Secretariat regulations have been developed

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Implementation plan

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Task

Activities Purpose Expected outcomes Responsibility Time frame

Budget Progress to date

2. Forums

2.1 Utilise the Consultative Forum for strengthened cooperation.

To strengthen relations with IPID, Secretariat and the and create seamless handover of responsibilities

Improved further corporation post the hand over period

Secretary of Police and IPID Executive Director

Quarterly

MOU developed and awaiting signatures by the Senior ManagersFinal DVA compliance report by IPID submitted


Implementation plan: forums cont….

2.2 Utilise HOD and M&E forum as platform of aligning work

• To ensure alignment between Provincial Secretariats and the Civilian Secretariat

• To ensure regular reporting on police performance with regard to DVA implementation

Synchronised reporting, tools and DVA APP.

Secretary’s office and Programme Evaluation Sub directorate

Quarterly M& E forum meetings:31 May – 01 June16 & 17 July10&11 October06&07 February

M&E and HoD forum have been established and meets on a quarterly basis. On the forum meeting held in North West Province, the DVA tool was introduced and the roll out plan for DVA workshop in all provinces was developed.



2.3 Convene Compliance forum

To strengthen relationship with SAPS

To establish proper channels and systems for improved implementation of recommendations

To synchronise reporting to Parliament

• Consolidated report with the following developed:

- All domestic violence cases reported to SAPS

- All Non- compliance complaints reported against members

- Feedback on implementation of recommendations

Policy Compliance Directorate

Quarterly meetings: 15 May 201231 July 201230 Nov 201229 March 2013

R1 200

Compliance forum has been established and terms of reference have been signed by the National Commissioner.One meeting was convened on 15 May 2012



2.4 Convene Gender and Child Justice Reference Group

To have a combination of policy makers, academics, civil society and business people with knowledge and experience in working with gender based violence and the policing environment that will hold an advisory role to the Secretariat with regard to policy formulation, implementation and compliance

Improved ability to identify gaps and challenges

Come up with effective remedial measures that will improve the Secretariat’s monitoring mandate.


Quarterly meetings:08 June 201228 Sep 201223 Jan 2013

R227 200 Reference group has been established and 1 meeting was convened on 08th June 2012 Inputs for the DVA station audit tool were made. The following organisations and institution form part of the Reference Group: TLAC, POWA, GRIPP, Childline, Teddy Bear, Ikhaya Lethemba, UCT, Wits, CSIR, RAPCAN, Women’s Legal Resource Centre


Implementation plan

3 Operational systems

3.1 Develop SOP for monitoring of DVA implementation by SAPS

To spell out expected internal responsibilities with regard to monitoring SAPS

To define the process of applying for exemptions and clarify responsibilities

Approved SOP for monitoring DVA implementation

Policy compliance sub directorate and the Compliance Forum

31 July 2012

Draft SOP has been developed and will be discussed in the next Compliance Forum to be held on 31 July 2012


Implementation plan: operational systems cont…..

3.2 Design and develop DVA monitoring tool

To monitor DVA compliance by the SAPS

To ensure data collection uniformity

Monitoring Tools developed and circulated to provinces.

Policy compliance End of May 2012

Draft DVA monitoring tool have been developed and piloted.Interim database for all audits conducted developed



3.3 Design and develop uniform reporting templates

To ensure that all reporting templates for the following are developed and standardised:SAPS to Provincial SecretariatsProvincial Secretariats to Civilian SecretariatParliamentary reportRecommendations report

Standardised reporting template

Policy Compliance in consultation with the M&E Forum, Reference Group, Compliance Forum and the IPID

Sept 2012 Draft station audit reporting template has been developed



3.4 Design and develop internal complaints

management system for the Secretariats

Develop an internal complaints management system for reporting and managing complaints

An approved workflow process

Policy Compliance, Police Conduct

Sept 2012 Draft workflow process on how complaints should be handled has been developed


Implementation plan

4. Capacity building

Conduct workshops with all Provincial Secretariats on how to monitor the implementation of DVA at station level

To ensure that provinces are fully equipped with the DVA knowledge

To ensure all provinces can implement the DVA tool

Provincial Secretariat officials with DVA knowledge and ability to conduct station audits.


June to July 2012

R120 000

8 provinces and 135 officials have been trained.Two of these requested further training.Mpumalanga will be trained in August 2012


Implementation plan

5. Communication strategy

5.1 To conduct joint communication outreach and awareness programmes with IPID 5.2 Develop posters and pamphlets with information on the Secretariat’s mandate and contact details

To provide the public and the SAPS with updated information on new mandates of the Secretariat and the IPID.

SAPS and the public well informed on relevant complaints mechanisms.

Secretariat – Policy Compliance, Partnerships and the Communications unitIPIDSAPS

Ongoing R150 000

Draft communication plan developed

secretariat for police1 domestic violence act compliance implementation plan 2012/13 fy secretariat...

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