VIOLENCE VIOLENCE AGAINST AGAINST

WOMEN AND WOMEN AND CHILDRENCHILDREN

APPLICABLE APPLICABLE LEGISLATIONLEGISLATION

Domestic Violence ActDomestic Violence Act Criminal Law (Sexual Offences Criminal Law (Sexual Offences

and Related Matters) and Related Matters) Amendment ActAmendment Act

Child Care Act / Children’s ActChild Care Act / Children’s Act Child Justice ActChild Justice Act

DOMESTIC VIOLENCE ACT DOMESTIC VIOLENCE ACT

Act came into operation on 15 Act came into operation on 15 Dec 1999Dec 1999

National Instruction by National National Instruction by National Commissioner on duties and Commissioner on duties and powers of members in terms of powers of members in terms of ActAct

DUTIES OF THE POLICE: DUTIES OF THE POLICE: DOMESTIC VIOLENCEDOMESTIC VIOLENCE

Police must render assistance to the Police must render assistance to the victim to: 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 Accompany victim to collect personal

propertyproperty

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

To arrestTo arrest To seize weaponsTo seize weapons To serve protection orderTo serve protection order To enforce protection orderTo enforce protection order

TRAINING ON DOMESTIC TRAINING ON DOMESTIC VIOLENCEVIOLENCE

With the implementation of the Act, 1771 With the implementation of the Act, 1771 commanders and trainers from every station commanders and trainers from every station and area were trained on the Act. These and area were trained on the Act. These trainers were responsible to train the remaining trainers were responsible to train the remaining members and divisions before its coming into members and divisions before its coming into operationoperation

Training on domestic violence was included and Training on domestic violence was included and now forms an integral part of the Basic Training now forms an integral part of the Basic Training ProgrammeProgramme for new recruits since 2000 for new recruits since 2000

A specialized 5-day course on the handling of A specialized 5-day course on the handling of domestic violence incidents was developed and domestic violence incidents was developed and implemented during 2005implemented during 2005

TRAINING ON DOMESTIC TRAINING ON DOMESTIC VIOLENCE (Cont)VIOLENCE (Cont)

More than 70% of all specialized members More than 70% of all specialized members responsible for the investigation of Family responsible for the investigation of Family Violence, Child Protection and Sexual Offences Violence, Child Protection and Sexual Offences related crimes, completed specialized training related crimes, completed specialized training (including training on the handling and (including training on the handling and investigation of cases involving domestic investigation of cases involving domestic violence)violence)

Presently all Station Commissioners receive Presently all Station Commissioners receive refresher training on their specific roles in refresher training on their specific roles in respect of domestic violence. (Gauteng, Free respect of domestic violence. (Gauteng, Free State, Western Cape, Eastern Cape, and KZN State, Western Cape, Eastern Cape, and KZN completed)completed)

In-service training is continuingIn-service training is continuing

REPORTING: DOMESTIC REPORTING: DOMESTIC VIOLENCEVIOLENCE

Domestic violence cases Domestic violence cases reported to the Police: reported to the Police: 2005/2006: 86 3902005/2006: 86 3902006/2007: 88 7772006/2007: 88 7772007/2008: 95 2182007/2008: 95 218

MONITORING AND MONITORING AND EVAULATION: DOMESTIC EVAULATION: DOMESTIC

VIOLENCEVIOLENCE Station Commissioners & Supervisors must regularly peruse Station Commissioners & Supervisors must regularly peruse

and inspect all DV registers and resource lists to monitor and inspect all DV registers and resource lists to monitor service delivery to victims of domestic violenceservice delivery to victims of domestic violence

Cases reported to the Police involving domestic violence, are Cases reported to the Police involving domestic violence, are allocated to investigating officers (Detectives) for a full allocated to investigating officers (Detectives) for a full investigation and present the docket to the Prosecutorinvestigation and present the docket to the Prosecutor

Failure by a member to comply with an obligation imposed Failure by a member to comply with an obligation imposed ito the Act constitutes misconduct. Disciplinary proceedings ito the Act constitutes misconduct. Disciplinary proceedings are instituted against members who fail to comply with their are instituted against members who fail to comply with their obligations UNLESS the ICD directs otherwiseobligations UNLESS the ICD directs otherwise

Evaluation Services conduct regular inspections at station Evaluation Services conduct regular inspections at station level to ensure compliance with the Act and National level to ensure compliance with the Act and National InstructionInstruction

SEXUAL OFFENCES SEXUAL OFFENCES LEGISLATIONLEGISLATION

Criminal Law (Sexual Offences and Criminal Law (Sexual Offences and Related Matters) Amendment Act, Related Matters) Amendment Act, 2007 (Act 32 of 2007) came into 2007 (Act 32 of 2007) came into operation on 16 December 2007 operation on 16 December 2007

National Instruction by National National Instruction by National Commissioner on duties and powers Commissioner on duties and powers of members and to guide members to of members and to guide members to render effective support to victims render effective support to victims

CHANGES: SEXUAL CHANGES: SEXUAL OFFENCESOFFENCES

Chapter 1 - Definitions & objectives Chapter 2 - Sexual offences Chapter 3 - Offences against children Chapter 4 - Offences against mentally

disabled Chapter 5 - HIV status Chapter 6 - National Register for sex

offenders Chapter 7 - General provisions

CHANGES: SEXUAL CHANGES: SEXUAL OFFENCES (Cont)OFFENCES (Cont)

Provides for the compulsory HIV Provides for the compulsory HIV testing of alleged sexual offender testing of alleged sexual offender (Chapter 5)(Chapter 5)

Provide for services to victims to Provide for services to victims to minimize traumatisation (eg PEP)minimize traumatisation (eg PEP)

Provides for National Register for Provides for National Register for Sex Offenders (not yet in operation)Sex Offenders (not yet in operation)

CHANGES: SEXUAL OFFENCES CHANGES: SEXUAL OFFENCES (Cont)(Cont)

Crimes committed since 16 December 2007Crimes committed since 16 December 2007 Repeal common law offences (eg rape, Repeal common law offences (eg rape,

indecent assault, bestiality, incest) indecent assault, bestiality, incest) Creates more than Creates more than 66 new offences66 new offences Replacing some common law offences with Replacing some common law offences with

expanded statutory offences, ie rape, sexual expanded statutory offences, ie rape, sexual assaultassault

Abolish gender and age discriminationAbolish gender and age discrimination Create specific offences to protect children and Create specific offences to protect children and

mentally disabled personsmentally disabled persons Duty to report the commission of a sexual Duty to report the commission of a sexual

offence against a child and mentally disabled offence against a child and mentally disabled personperson

TRAINING: SEXUAL TRAINING: SEXUAL OFFENCESOFFENCES

Basic Training Programme for new recruitsBasic Training Programme for new recruits training on new Sexual Offences legislation training on new Sexual Offences legislation

included in January 2008 included in January 2008 now integral part of the training programmenow integral part of the training programme

First Responders to Sexual Offences First Responders to Sexual Offences CourseCourse

Detective Learning Programmes Detective Learning Programmes Sexual Offences Investigator’s CourseSexual Offences Investigator’s Course Specialized training for FCS members Specialized training for FCS members

(FCS Detective Learning Programme)(FCS Detective Learning Programme)

TRAINING: SEXUAL OFFENCES TRAINING: SEXUAL OFFENCES (Cont)(Cont)

Partnership between US Government and Partnership between US Government and the Police in respect of Sexual Offences the Police in respect of Sexual Offences Training for investigating officers and first Training for investigating officers and first respondersresponders

US funded Women’s Justice Empowerment US funded Women’s Justice Empowerment Initiative (WJEI) launched in 2005 for SA Initiative (WJEI) launched in 2005 for SA and 3 other countries in Africaand 3 other countries in Africa

Purpose: to address challenges of sexual Purpose: to address challenges of sexual violence against women and children and violence against women and children and enhance the capacity of local law enhance the capacity of local law enforcement, criminal investigators, enforcement, criminal investigators, prosecutors, magistrates and the judiciaryprosecutors, magistrates and the judiciary

TRAINING: SEXUAL OFFENCES TRAINING: SEXUAL OFFENCES (Cont)(Cont)

Initiatives undertaken as part of the WJEI Initiatives undertaken as part of the WJEI programme:programme:

In 2008 Detective Services including Forensic In 2008 Detective Services including Forensic Science Specialists were exposed to the Sexual Science Specialists were exposed to the Sexual Offences Investigators training. Offences Investigators training. 12 courses with 12 courses with 30 detectives each30 detectives each completed by FCS Unit (360 completed by FCS Unit (360 detectives) detectives)

Early in 2009 Early in 2009 “Train the Trainer” “Train the Trainer” courses took courses took place – place – 17 members 17 members trained in respect of the 1trained in respect of the 1stst responder’s course and responder’s course and 18 members18 members underwent underwent the Investigators course (35 trainers)the Investigators course (35 trainers)

Provinces currently training Provinces currently training 3-5 courses of 25 3-5 courses of 25 members eachmembers each (depending on size of province) (depending on size of province) Plan for 43 courses (+/- 25 members each) for 1Plan for 43 courses (+/- 25 members each) for 1stst responders and 63 in respect of Investigators in all responders and 63 in respect of Investigators in all provinces provinces

All in all +/- All in all +/- 3000 members3000 members to be trained to be trained next next yearyear

CHILDREN’S ACT, 2005 (Act No 38 of 2005)

Act not yet fully in operation -Act not yet fully in operation - only administrative sectionsonly administrative sections Child Care Act, 1983 (Act No 74 of 1983)Child Care Act, 1983 (Act No 74 of 1983)

A National Instruction to guide members A National Instruction to guide members on how to implement the Act is being on how to implement the Act is being developeddeveloped

MAIN CHANGES: CHILDREN’S ACT

““Child in need of care” now “child in Child in need of care” now “child in need of care and protection”need of care and protection”

Removal by Police only if child also in Removal by Police only if child also in need of “immediate emergency need of “immediate emergency protection”protection”

Best interest of the child the guiding Best interest of the child the guiding factorfactor

MAIN CHANGES: CHILDREN’S ACT (Cont)

Obligation to report that child is abused, Obligation to report that child is abused, neglectedneglected

Obligation of designated child Obligation of designated child protection organisation or prov dept of protection organisation or prov dept of social development to report an offence social development to report an offence against a childagainst a child

Detailed prescripts on how to deal with Detailed prescripts on how to deal with children in need of care and protection children in need of care and protection

MAIN CHANGES: CHILDREN’S ACT (Cont)

Removal of alleged offenderRemoval of alleged offender Children who are victims of traffickingChildren who are victims of trafficking Report of death of victim in care Report of death of victim in care

facilityfacility Prohibition on employing persons Prohibition on employing persons

unsuitable to work with childrenunsuitable to work with children Enforcement of parental Enforcement of parental

responsibilities and rightsresponsibilities and rights

CHILD JUSTICE ACT, 2008CHILD JUSTICE ACT, 2008(Act No 75 of 2008)(Act No 75 of 2008)

Act to be promulgated on 1 Act to be promulgated on 1 April 2010April 2010

National Instruction will be National Instruction will be issued by the National issued by the National CommissionerCommissioner

CHANGES: CHILD JUSTICE CHANGES: CHILD JUSTICE ACTACT

Establish separate criminal justice system for Establish separate criminal justice system for children in conflict with the lawchildren in conflict with the law

Raises minimum age of criminal capacity of Raises minimum age of criminal capacity of children from 7 years to 10 yearschildren from 7 years to 10 years

Provides for securing attendance at court and Provides for securing attendance at court and the release or detention and placement of the release or detention and placement of children children

Provides for diverting matters away from the Provides for diverting matters away from the formal criminal justice systemformal criminal justice system

Entrench the notion of restorative justice in Entrench the notion of restorative justice in respect of child offendersrespect of child offenders

RESPONSIBILITIES OF RESPONSIBILITIES OF POLICE: CHILD JUSTICE ACTPOLICE: CHILD JUSTICE ACT

A child below 10 years who is alleged to A child below 10 years who is alleged to have committed an offence may not be have committed an offence may not be arrested and must be handed over to arrested and must be handed over to parents, appropriate adult, guardian or parents, appropriate adult, guardian or suitable child and youth care centresuitable child and youth care centre

Securing the attendance of the child in Securing the attendance of the child in courtcourt

Arrest only in limited circumstances and Arrest only in limited circumstances and consider placement after arrest in child consider placement after arrest in child and youth care centreand youth care centre

RESPONSIBILITIES OF RESPONSIBILITIES OF POLICE: CHILD JUSTICE ACT POLICE: CHILD JUSTICE ACT

(Cont)(Cont) Conditions of detention:Conditions of detention:

held separately from adults and boys held separately from adults and boys separate from girls;separate from girls;

taking into account their particular taking into account their particular vulnerability;vulnerability;

permit visits by parents, legal permit visits by parents, legal representative, probation officer etc;representative, probation officer etc;

cared for in a manner consistent with the cared for in a manner consistent with the special needs of children (incl health care, special needs of children (incl health care, food, blankets)food, blankets)

RESPONSIBILITIES OF RESPONSIBILITIES OF POLICE: CHILD JUSTICE ACT POLICE: CHILD JUSTICE ACT

(Cont)(Cont)

Complaint of injury sustained by Complaint of injury sustained by a child during arrest or a child during arrest or detentiondetention

Expungement of recordExpungement of record

CRIMES REPORTEDCRIMES REPORTED

Violence against women and childrenViolence against women and children Child murders: Child murders:

2006/2007: 16302006/2007: 16302007/2008: 14612007/2008: 1461

Femicide:Femicide:2006/2007: 27442006/2007: 27442007/2008: 27802007/2008: 2780

CRIMES REPORTED CRIMES REPORTED (Cont)(Cont)

Violence against women and childrenViolence against women and children Ukuthwala: Ukuthwala:

AbductionAbduction 2006/2007: 3532006/2007: 353 2007/2008: 3382007/2008: 338

Kidnapping: Kidnapping: 2006/2007: 3722006/2007: 372 2007/2008: 3972007/2008: 397

Interdepartmental co-operation on Interdepartmental co-operation on Gender-based ViolenceGender-based Violence

Domestic Violence and Sexual offences were Domestic Violence and Sexual offences were originally dealt with by two interdepartmental originally dealt with by two interdepartmental committeescommittees

Since 2007 this has been combined into the Since 2007 this has been combined into the Interdepartmental management team for Gender Interdepartmental management team for Gender Based Violence that deals with sexual offences, Based Violence that deals with sexual offences, domestic violence and trafficking in women and domestic violence and trafficking in women and childrenchildren

Focus is on prevention, improving the CJS responses Focus is on prevention, improving the CJS responses to these crimes and services to victimsto these crimes and services to victims

SAPS roles and SAPS roles and responsibilitiesresponsibilities

SAPS plays a role in all three focus areas:SAPS plays a role in all three focus areas:

Prevention:Prevention: Improving relationships with communities and Improving relationships with communities and

partners to increase reporting of GBVpartners to increase reporting of GBV Raising awareness and education iro victims Raising awareness and education iro victims

rights and what can be expected of SAPS (also rights and what can be expected of SAPS (also important to reinforce this message for members)important to reinforce this message for members)

Using police information and information from Using police information and information from communities to inform crime prevention and communities to inform crime prevention and combatting activities of SAPS at local level and combatting activities of SAPS at local level and mobilise specific partnershipsmobilise specific partnerships

Emphasising the need for an effective first Emphasising the need for an effective first response and early intervention (recognising the response and early intervention (recognising the limitations of police in prevention intimate limitations of police in prevention intimate violence).violence).

SAPS roles and SAPS roles and responsibilitiesresponsibilities

Prevention (continued)Prevention (continued) Proactive policing programmes like sector Proactive policing programmes like sector

and community policing that take policing and community policing that take policing closer to communities and works with closer to communities and works with communities to address risk factorscommunities to address risk factors

Working with other departments to address Working with other departments to address social and other causes and contributing social and other causes and contributing factors to crime - which are included in the factors to crime - which are included in the prevention programmes of those prevention programmes of those departments, for example the Gender departments, for example the Gender Education Movement from Education.Education Movement from Education.

SAPS roles and SAPS roles and responsibilitiesresponsibilities

ImprovingImproving the CJS responsethe CJS response Includes improved investigation, forensic Includes improved investigation, forensic

and crime scene support and criminal and crime scene support and criminal recordsrecords

Continuing to invest in improving Continuing to invest in improving investigation skillsinvestigation skills

Improved coperation with other Improved coperation with other Departments in the CJSDepartments in the CJS

SAPS activitely involved in SAPS activitely involved in interdepartmental processes relating to all interdepartmental processes relating to all aspects of improvement to the CJSaspects of improvement to the CJS

SAPS roles and SAPS roles and responsibilitiesresponsibilities

Victim supportVictim support SAPS part of NCPS VEP from inceptionSAPS part of NCPS VEP from inception In process of rolling out a manual to support SAPS In process of rolling out a manual to support SAPS

victim support work - detailed ‘how to’ guide that victim support work - detailed ‘how to’ guide that reinforces the commitments included in the Victims reinforces the commitments included in the Victims CharterCharter

Improving skills of members – 1298 members trained Improving skills of members – 1298 members trained in 2008/2009, 558 to date in 2009/2010in 2008/2009, 558 to date in 2009/2010

Improving facilities at police stations – 795 victim Improving facilities at police stations – 795 victim support rooms currently in place at police stationssupport rooms currently in place at police stations

Blueprint for new stations include facilities for victimsBlueprint for new stations include facilities for victims Ensure that referral systems are in place in all Ensure that referral systems are in place in all

stations to support early intervention and victim stations to support early intervention and victim empowermentempowerment

Ukutwala and crimes Ukutwala and crimes associated with initiation associated with initiation

Where these practices are identified as relating to specific Where these practices are identified as relating to specific traditional practices and not just crime, SAPS has worked with traditional practices and not just crime, SAPS has worked with traditional authorities to address ittraditional authorities to address it

In Eastern Cape, working with the provincial Health Department, In Eastern Cape, working with the provincial Health Department, SAPS provides support for the enforcement of provincial legislation SAPS provides support for the enforcement of provincial legislation to ensure that crimes and harmful practices in initiation schools are to ensure that crimes and harmful practices in initiation schools are addressedaddressed

In Gauteng the SAPS will be implementing a series for community In Gauteng the SAPS will be implementing a series for community based workshops to address problems experiences with initiation based workshops to address problems experiences with initiation practices in September 2009practices in September 2009

SAPS has also assisted with training for traditional authorities on the SAPS has also assisted with training for traditional authorities on the relevant legislation and programmes to protect women and childrenrelevant legislation and programmes to protect women and children

Partnerships with communities are important in this regard - also Partnerships with communities are important in this regard - also the challenge to execute SAPS responsibility to uphold the law the challenge to execute SAPS responsibility to uphold the law whilst still retaining respect for culture and tradition of the whilst still retaining respect for culture and tradition of the communities we servecommunities we serve

Child care and protectionChild care and protection Focus is on the Child Justice and Child Care and Focus is on the Child Justice and Child Care and

Protection programmes.Protection programmes. SAPS is actively involved in both programmes that SAPS is actively involved in both programmes that

address:address: Ensuring that child offenders are dealt with in terms Ensuring that child offenders are dealt with in terms

of the Interim Protocal until implementation of the of the Interim Protocal until implementation of the CJACJA

Addressing offending behavior by children through Addressing offending behavior by children through early intervention and referralearly intervention and referral

Proactively responding to children in need of care Proactively responding to children in need of care and at risk, also through early intervention and and at risk, also through early intervention and referralreferral

Ensuring that police stations are part of the local Ensuring that police stations are part of the local support networks for children at risk and assisting support networks for children at risk and assisting to establish such networks with government and to establish such networks with government and community partners where needed.community partners where needed.

CHALLENGESCHALLENGES On-going training to ensure complianceOn-going training to ensure compliance Gender sensitivityGender sensitivity Community not yet fully aware and Community not yet fully aware and

sensitized:sensitized: the protection afforded by the legislationthe protection afforded by the legislation roles & responsibilities of different role-playersroles & responsibilities of different role-players

Proper coordination between different Proper coordination between different state departments, NGO’s & community state departments, NGO’s & community initiatives initiatives (eg lack of shelters, availability of (eg lack of shelters, availability of probation officers)probation officers)

24-hour availability of all role-players24-hour availability of all role-players