FEBRUARY 2014

AN UPDATE

SAPS AND PLANNING FOR

Lorenzo Wakefield

GENDER-BASED VIOLENCE

Suggested citation:

Wakefield, L (2014) SAPS and Planning for Gender-Based Violence: An update Parliament of the Republic of South Africa, Cape Town.

Acknowledgements:

The author, together with Parliament, would like to thank the SAPS National Commissioner for responding to the questionnaire and presenting their findings to the Select Committee on Women, Children and People with Disabilities.

The research unit within Parliament would also like to thank the Mitchells Plain SAPS station and the FCS Unit annexed to the station for their time in discussions around the implementation of gender-based violence offences.

The author would like to thank Jen Thorpe and Joy Watson for their valuable comments on previous drafts of this paper and for editorial assistance

Copyright (c) Parliament of the Republic of South Africa

SAPS AND PLANNING FOR GENDER-BASEDV IOLENCE : AN UPDATE

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1. INTRODUCTION

In 2009 the Select and Portfolio Committees on Women, Children and People with Disabilities held public hearings on the implementation of the Domestic Violence Act 116 of 1998. Various recommendations to key implementing Government Departments were made. The Government Departments which received recommendations were:

• The Department of Justice and Constitutional Development;

• The South African Police Service (SAPS);

• The Department of Social Development, and

• The Department of Health.

Following the 57th Session of the Commission on the Status of Women held at the United Nations Headquarters during March 2013, the Chairpersons for the Select and Portfolio Committees made the following recommendations with regards to gender-based violence:

• Parliament to monitor the effective implementation of legislation;

• There is a need for greater inter-sectoral collaboration and Government Departments need to be held accountable in instances of non-performance;

• Adequate resource allocation to give effect to policy provisions is needed;

• Parliament to oversee the establishment and development of specialised courts;

• A victim-friendly criminal justice system needs to be created;

• Need for appropriate health-care for victims of gender-based violence;

• Avoidance of secondary victimisation by meeting the basic needs of victims; and

• Developing a needs-based approach in order to ensure that service delivery addresses the needs of victims of gender-based violence.1

Based on this rationale, 20 questions relating to the policing of gender-based violence crimes were sent to the SAPS, in preparation for the Select Committee on Women, Children and People with Disabilities meeting on 14 August 2013. The purpose of this paper is to analyse the responses received from SAPS, taking into account the backdrop of the public hearings held in 2009 together with the recommendations of the 57th Session of the Commission on the Status of Women.2

1. See J Watson Report on the Fifty Seventh Session of the Commission on the Status of Women held at the United Nations Headquarters (2013).

2. The Research Unit within Parliament compiled a list of questions for SAPS, based on the recommendations of the public hearings in 2009 and the 57th session of the Commission on the Status of Women.

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In order to provide more detail around the role SAPS plays with regards to gender-based violence, two site visits were conducted, one to the Mitchells Plain SAPS station and one to the Family Violence, Child Protection and Sexual Offences Unit (FCS Unit) annexed to the station. The purpose of these visits was to have an understanding of how domestic violence and sexual offences are policed and the hidden costs involved in policing these ills. The Mitchells Plain SAPS station only deals with domestic violence offences and other related offences in this regard, while the FCS Unit investigates matters related to sexual offences.

2. DETECTIVE SERVICES

Overall, SAPS was not in a position to give accurate budgeting information, specifically related to crimes of a gender-based violence nature. In other words, SAPS could not disaggregate information relating to gender-based violence crimes from other types of crimes such as fraud or murder. For example SAPS was asked how much they budgeted for detective services in relation to the investigation of domestic violence and sexual offences. SAPS responded to say that they cannot give a specific amount as resources for all detective services gets distributed to provinces in a lump sum and no distinction in allocation of detective services resources are made based on specific crimes to investigate.

Where questions were posed specific to outputs in relation to training on gender-based violence or Family Violence Child Protection and Sexual Offences (FCS) Units, for example, fairly detailed quantitative information was received, which in most cases was disaggregated by province.

SAPS was asked how many specialisit detectives it employed in order to establish how many detectives were trained on investigating gender-based violence crimes and at which stations they were based. Similarly, it also aimed to assess how many stations do not have access to specialist detectives. SAPS responded in relation to the amount of FCS members trained and not specialist detectives. It goes without saying that sometimes certain FCS members might be specialist detectives, but this is not the case in all instances as many FCS members might also not be detectives. 933 FCS members received training on the “Sexual Offences Course for Investigating Officers” and 1 371 FCS members received training on the FCS course. Each station does have a specialist detective, but SAPS did not provide information on what happens when this specialist detective goes on holiday or is sick. In answering this question, SAPS seemed to confuse FCS Units with specialist detectives.

Be that as it may, the information on FCS Units is useful. The ratio of FCS Units and police stations per province, as reflected in graph 1, leaves a lot to be desired. Oversight on plans to roll-out further FCS Units need to be discussed with SAPS, especially in relation to the oversight function played by Parliament. The ratio can be seen in the following chart.

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Graph 1: FCS Unit per SAPS station ratio

As one can view from above, the ratio of FCS Units per SAPS station is alarmingly low, taking into account the amount gender-based violence crimes, together with child protection rates in the country.

In the site visit to the Mitchells Plain SAPS station, it emerged that out of the 162 detectives in total at the station, 8 were specifically dedicated to investigating domestic violence complaints. These 8 detectives had quite a large amount of case loads. At any given time there are about 60 – 80 dockets at hand and on average, SAPS reported, that 30 new dockets are opened per month. This is a large caseload taking the detective complement of eight persons into account. The police officers informed us that detectives recruited to investigate domestic violence offences undergo psychometric tests to make sure that they are capable of investigating crimes related to domestic violence and that all detectives are trained on the DVA, the Sexual Offences Act and further policies in this regard.

Even though SAPS is of the view that the 176 FCS Units all service the 1 135 stations, it should be noted that the case load in relation to family violence, child protection and sexual offences is particularly high in many areas and therefore FCS Units should be stationed within all police stations, as opposed to a cluster system.3 In this instance more SAPS members should be recruited and trained to be able to work in FCS Units.

The FCS Unit reported that they have 11 detectives to investigate sexual offence matters, which includes the FCS Unit commander. Two out of the 11 detectives are women. Fewer

3. FCS Units are divided into regions/ clusters per a geographical area of a SAPS station. In other words, one FCS unit might service seven SAPS police stations.

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cases of sexual offences are reported, but this should be viewed in the context of the fact that generally fewer reports of sexual offences are made to the police by victims due to stigmatisation and lack of confidence in the criminal justice system. No trend could be established in relation to the reporting of sexual offences at the FCS Unit. However, the highest number of cases reported in a month during the last two years, , was 56 new cases.

3. ADMINISTRATION

Victim Friendly Rooms

In relation to victim friendly rooms (VFRs), questions were posed as to budgets for renovations of existing police stations to accommodate these rooms, and the roll-out of these rooms to police stations. SAPS responded that VFRs are included as part of the blueprint for new police stations and for the renovation of police stations. SAPS also provided information on VFRs at all of their service points. In total they have 873 operational VFRs.4 The graph below reflects the number of police stations, satellite police stations and FCS Units per province.

Graph 2: VFRs at SAPS stations

Even though 809 police stations have functioning VFRs, it is alarming that out of 176 FCS Units, only 14 have functional VFRs. In provinces such as Free State, Gauteng, Kwazulu-Natal and the North West, there are no VFRs at FCS Units. FCS Units were established as a means to provide a full-package service for victims of family violence, child protection and sexual offences matters. A crucial element of this full-package service is to provide a space where victims can have privacy and comfort while being informed of their rights and options. Where no VFR is available, it is possible that victims will have to give their

4. Please page 3 of the written responses by SAPS (2013).

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statement in the Community Service Centre, which will cause secondary victimisation and trauma to the victim.

The site visit to the Mitchells Plain SAPS station showed that it does have a VFR, where currently 18 volunteers provide counselling to victims of domestic violence. The victim friendly is well equipped and child friendly to ensure that a comfortable environment is created for victims of domestic violence. The station also used a vacant room as a waiting area for victims of domestic violence in order not to expose them to the general Community Service Centre and to afford them a degree of privacy.

SAPS have stated that they budgeted R11 million for the placement of 22 further VFRs for the 2013/14 financial year and have provided an annexure with where these VFRs will be based. These VFRs will be rolled-out in the following areas:

• In the Eastern Cape in Barkly East and Bedford;

• In the Free State Bothaville, Edenburg, Edenville and Hobhouse;

• In Gauteng in Olievenhoutbosch;

• In Kwazulu-Natal in Ekombe, Evatts, Franklin, Glencoe, Kokstad and Ntabamhlope;

• In Limpopo in Elandskraal and Marble Hall;

• In Mpumalanga in Dirkiesdorp, Dullstroom and Mahamba;

• In the North-West in Assen and Belmont;

• In the Northern Cape in Boetsap and Danielskuil; and

• In the Western Cape there will be no VFRs planned for development during the 2013/ 2014 financial year.

Free State and Kwazulu-Natal will seem to benefit from VFRs in this financial year, while Gauteng, which still has a largely few VFRs in FCS Units,– will only receive one VFR for this financial year. Similarly, the North-West province will also only receive two further VFRs for this financial year, despite a need for it. This speaks volumes to the lack of strategic planning, based on a need and priority within SAPS management.

It is worth noting that most of the VFRs in this regard will only be completed at the end of the medium term expenditure framework, which is in the 2017/18 financial year. It would be useful for the SAPS to provide information on how victims will be assisted in the interim.

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Station Orders

In relation to station orders, the question was posed as to how many police stations do not have station orders on policing domestic violence and sexual offences. SAPS responded that police stations are not required to have station orders and that the national instructions on domestic violence, sexual offences and victim empowerment should be sufficient to police gender-based violence crimes. However, the national instruction on sexual offences mandates stations to have specific station orders on policing sexual offences.5 Station orders create the impression for all staff that these crimes are priority crimes and should be dealt with in a particular way, and are always helpful, especially to contextualise the policing of gender-based violence crimes within a specific jurisdiction covered by a police stations. This obligation is placed on the station commander.

The Mitchells Plain SAPS station has station orders for SAPS members on how to deal with sexual offences, domestic violence and on implementing the Children’s Act. These station orders were developed relatively recently, with the sexual offences orders dating to 2012, while the Children’s Act and the domestic violence station orders were updated in 2013.

SAPS national and provincial offices should encourage and document the amount of station orders issued by station commanders on the policing domestic violence and sexual offences within specific areas. The example set by the Mitchells Plain SAPS station to develop and implement station orders taking the context of the community into account should be promoted as a good practice model to other stations.

Gender representation

SAPS stated that the total amount of women working for the Police Service amounts to 34% of the total staff. SAPS was unable to provide figures on the number of women that work in FCS and domestic violence special units, as they did not disaggregate this by station and the job function of these staff. This question was specifically posed towards female officers staffed to take statements and investigate matters of a highly sensitive nature. The Mitchells Plain FCS Unit reported that it has 2 women investigators out of a total of 11. The FCS station commander has stipulated that even though this number is low, if a victim requests to be interviewed by a female detective, then one would be made available. Thus the low ratio of women officers is not necessarily a barrier to taking of statements and interviews by victims should they request a female officer. However it is a problem in the sense that this option is not made to the victim upfront (and given that many victims may not be in a state of wanting to put forward requests/demands, it could be a subliminal issue).

5. See section 3(6) of the SAPS National Instruction 3/ 2008 on Sexual Offences which places an obligation on the station commander to issue station orders by stating: “The station commissioner must ... issue station orders.” (author’s emphasis added).

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Internal monitoring

In order to gauge the effectiveness and efficacy of SAPS’ internal monitoring systems on record-keeping and documentation, especially in relation to domestic violence and sexual offences registers, the questionnaire contained some probes into internal monitoring. SAPS responded in relation to the training provided on domestic violence and sexual offences and only stipulated that station and cluster management was responsible for first level inspection and supervision in relation to registers. It thus goes without saying that monitoring and evaluation systems on the administration around domestic violence and sexual offences incidences leave a lot to be desired.

Registers are important for many reasons. Firstly, in instances of domestic violence, it would provide an indication of the “hot spot” areas for frequent domestic violence incidents and inform strategic interventions and effective responses for visible policing in these areas. By identifying patterns of domestic violence within a certain police jurisdiction, it would also be of benefit for SAPS community awareness and campaigns on preventing domestic violence incidences. Secondly, information contained and statistics counted based on these registers would give us an overview of the extent of domestic violence and sexual offences incidents’ in certain locations, provincially and nationally. This would allow for better and more effective budgeting for specialised staff and facilities related to these types of crimes.

The practice at the Mitchells Plain SAPS station seems to show that updated internal monitoring systems play a huge role in policing domestic violence within the jurisdiction. At the time of conducting research, this station was currently using its fourteenth register for 2013 to record domestic violence incidences. Similarly the station commander could produce a list of domestic violence “hot spots” based on information from the register. The detective team also engages in conducting research on the prevalence and type of domestic violence in Mitchells Plain based on information from the registers. This is a key instrument in assisting with the planning and prevention of domestic violence incidences within the area which, if recorded accurately, can go a long a way in reducing the number of incidences of domestic violence within a certain jurisdictional area.

4. EDUCATION AND TRAINING

Domestic Violence

SAPS has budgeted R3 830 000 for in-service training on domestic violence for the 2012/13 financial year. They have provided information on the amounts of members trained during the 2012/13 financial year both at basic and in-service training. In relation to basic training, it seems somewhat disconcerting that only 23 males and 33 females were trained on domestic violence in Mpumalanga and 24 males and 27 females in the Northern Cape.6

6. Please see pages 6 and 7 of SAPS’ written response to the questions for a further breakdown of the training statistics per province on domestic violence.

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SAPS also indicated per province, how many new SAPS members will be trained on domestic violence. The total amount in this regard is 1 231. Clarity needs to be given as to whether this is the full amount of new recruits that SAPS will have for this financial year or not. These figures do not say much , as we do not have information on the total amount of visible policing and detective staff within SAPS. Once this is clarified, would we be in a position to compare SAPS members trained on the Domestic Violence Act and the Sexual Offences Act, and those who were not.

According to SAPS, 10 500 members will under-go in service training during the 2013/14 financial year. This seems to be quite a large number of persons to train, considering the budget of R3 830 000.00 for this endeavour. Calculated to per person, this would amount to R364.76 spent on training for each SAPS member. This is a relatively low amount to budget for training based on a per person ratio.

What is of interest is the manner in which stations get selected for training. According to SAPS, a station has to indicate in the annual Training Needs Analysis that there is a need for specific training. Therefore it is presumed that this is left at the discretion or prerogative of the station commander of a specific station. This cannot solely be the measure to track whether a specific station is in need of training. SAPS should also assess external reports on compliance by certain stations with the implementation of the Domestic Violence Act, together with reports of non-compliance by both the Civilian Secretariat for the Police and the Independent Police Investigative Directive. This would provide an objective overview of need, as opposed to just on the prerogative of a station commander, which could be subjective..

SAPS national office did not provide any information on the content of training on domestic violence. However, a representative from the Western Cape SAPS Social Crime Prevention Unit stipulated that detectives are trained in four areas relating to vulnerable victims. These are: domestic violence, sexual offences, victim empowerment and vulnerable children. They said that each station is evaluated on the number of detectives who completed each category of training and when 50% of the staff completed all of these, the station would be deemed to be victim friendly. Currently only six stations out of a 150 police stations7 in the Western Cape had trained more than 50% of their detectives on the four learning areas. This is somewhat insufficient taking the extent of domestic violence within communities in the Western Cape. In a study conducted in 2009 on police training on domestic violence in the Western Cape, it was found that trainee constables (who had just completed six months of basic training) were the ones who struggled most with implementing the Domestic Violence Act and the National Instruction that goes with it. This seems to be an indictment on the content of the training provided by SAPS, especially in relation to basic training as these trainees just completed basic training.8

7. See http://www.saps.gov.za/_dynamicModules/internetSite/HPstations.asp?Pid=9 for a directory of police stations in the Western Cape. (Accessed on 10 February 2014).

8. See H Combrinck & L Wakefield (2009) Training for Police on the Domestic Violence Act: Research Report pages 43 and 44.

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Sexual Offences

SAPS has three in-service training interventions on sexual offences. They are:

• First responder to Sexual Offences Learning Programme;

• Sexual offences Course for Investigating Officers; and

• Family Violence, Sexual Offences and Child Protection Learning Programme.

SAPS has budgeted a total of R10 900 000 for in-service training on sexual offences for the 2013/ 2014 financial year. During the previous financial year, 4 939 members received basic training, while 2 426 members received in-service training on sexual offences. However, if one adds the SAPS figures – as reported to the Select Committee on Women, Children and People with Disabilities9– for the total number of persons per province together, one comes to the following totals: (a) 4 960 members received basic training; and (b) 2 387 members received in-service training. Considering that the totals were incorrectly calculated by SAPS, one would need clarity on the true totals, as the inconsistency in totals leaves room for doubt of the accurate numbers of members trained on sexual offences.

In relation to the amount of members to be trained in the current financial year (2013/ 14), SAPS reports that 1 231 members will receive basic training on sexual offences. Of concern is the total number of members being trained on sexual offences in the provinces. North West and Limpopo provinces will only train 45 members in total (29 male and 16 female for North West and 30 male and 15 female for Limpopo). More details would be needed in order for the numbers to be comparable with the total amount of members in each province. With regards to in-service training, SAPS is of the view that 15 400 members will receive in-service training during this financial year. One needs to question the selection and totals of members trained on sexual offences, as the answers to the questions on methodologies for selection of training do not provide details with regards to the selection process.

Content and accreditation of training

SAPS reported in detail on what the domestic violence training courses consist of, however, the same cannot be said for their answers in relation to the content of the training on sexual offences. More detail is required on how SAPS intend to implement the Sexual Offences Act and other legislation, together with its National Instructions 3 of 2008 on Sexual Offences and 2 of 2012 on Victim Empowerment.

The SAPS training programmes on domestic violence and sexual offences are accredited and undergo strict quality assurances internally by the Standards Component of SAPS.

9. SAPS response to Committee Questions; Domestic Violence & Sexual Offences, 14 August 2013. See: http://www.pmg.org.za/re-port/20130814-saps-response-committee-questions-domestic-violence-sexual-offences-department-justice-purported-response (Accessed on 10 February 2014) for a record of the meeting.

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In order to gauge the efficacy of training on domestic violence and sexual offences, SAPS conducts learner reactions and content absorption together with testing after each intervention. This is useful, however we do not have this information at hand to comment on the quality of training conducted. They report further that feedback and performance reports from the responsible divisions are analysed. An analysis of problem areas in relation to the implementation of domestic violence and sexual offences interventions would be extremely helpful for targeting priorities in training. If SAPS has compiled a report of this nature, it would be helpful for Parliament in terms of strategies for oversight on the implementation of legislation in this regard.

Public education

SAPS has budgeted R2 000 000 to print information and education material in all official languages on domestic violence, sexual offences, child justice, child protection and victim empowerment. The printing activities above would be complemented by the R2 500 000 budgeted for communication and education campaigns and events to raise awareness. However, SAPS did not stipulate how much of the campaigns and education budget is specifically to address gender-based violence. They stipulated that the budget for campaigns and communication is not solely to address sexual offences and domestic violence. Similarly, they have not indicated the effectiveness and impact of their campaigns and how they measure this. Key performance indicators are necessary in order to gauge the effectiveness of campaigns and this information was not forthcoming from SAPS. Therefore this is a limitation in commenting on the extent to which these campaigns add value for the amounts budgeted.

The Mitchells Plain SAPS station reported that they currently have a pilot study being undertaken on domestic violence within Mitchells Plain and hold regular imbizos with the Wellness Foundation to assess whether policing domestic violence and awareness raising campaigns are effective. This is an example of how SAPS stations can partner with organisations and NGOs in conducting awareness-raising campaigns, using the resources that these organisations bring, together with the information that SAPS have access to on domestic violence and sexual offences.

Tracking cases

SAPS do not have a publicly accessible10 database to adequately keep track of victims of domestic violence and sexual offences. They reported that the crime administration system (CAS) is sufficient to register criminal charges involving domestic violence. This is concerning as domestic violence complaints are not registered as a crime, but instead the common law offence gets registered on the CAS, such as assault or assault with the intent to do grievous bodily harm. In addition, reporting on domestic violence in the past has been hindered 10. Publicly accessible should be interpreted narrowly in which researchers and other persons can access it after the necessary ethical

issues has been taken into consideration.

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by the lack of uniformity in the use of the register on domestic violence per station, and sharing of this information in an accessible manner with the public. It is recommended that SAPS regularly update the domestic violence register as required in the DVA and share this information with Parliament. With that, SAPS should include a report back on station by station figures for domestic violence complaints as a separate category. In addition, it is recomemdned that domestic violence become its own category of crime, which gets reported as a crime in its own conceptualisation and not a common law offence, such as assault for example.

SAPS has reported that they are working with other Government departments on an Integrated Justice System office in order to enhance information systems to provide disaggregated victim information and tracking of offenders and victims. This is an initiative that is legislated for in the Child Justice Act 75 of 2008. However, at the time of writing no such system is in place.

Vehicles

A shortage of police vehicles is always reported as a challenge for SAPS members in responding to domestic violence complaints within a reasonable time. With this in mind we saw it fit to probe on the shortages of vehicles for SAPS members in the enforcement of policing domestic violence and sexual offences. SAPS however responded in relation to the shortage of vehicles specifically for FCS Units only. In this regard they only identified shortages of vehicles for FCS Units in the following four provinces:

• Mpumalanga – three vehicles needed, with an available budget of R3 243 996

• Free State – 11 vehicles needed, with an available budget of R4 368 911.66

• North West – five vehicles needed, with an available budget of R891 484.92

• Eastern Cape – 11 vehicles needed, with an available budget of R1 870 596

Of interest in this regard is the disparity between the amounts budgeted versus the need for vehicles. Mpumalanga is only in need of three vehicles, while it has a budget of over R3 million, while the Eastern Cape FCS Units are in need of 11 vehicles with only a budget of almost R2 million. In total 30 vehicles are needed within a total budget of R10 374 988.58. Based on the available budget and the need for vehicles, SAPS would have R345 832.85 available per vehicle. This seems more than sufficient per vehicle.

The information on vehicles provided by both the Mitchells Plain SAPS station and the FCS Unit corroborates the information provided by the SAPS national office. Both the police station and the FCS Unit had sufficient vehicles to use for policing and investigating domestic violence and sexual offences. However, the FCS Unit has indicated that the cost of fuel

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seems to be more of a challenge, as these costs are appropriated from their operational budget. The FCS Unit reported that they spend on average R20 870.00 per month on fuel and in the last 7 months they spent approximately R130 000.00 out of their R225 000.00 operational budget on fuel. This leaves quite a little left for the purchasing of other goods needed to operate the FCS Unit.

This information seems to show the following:

(a) SAPS has sufficient vehicles in order to fulfil its mandate in terms the Domestic Violence Act and the Sexual Offences Act.

(b) Based on this, SAPS members are actually not in a position to justify their lack of response times to gender-based violence complaints based on a lack of vehicles; and

(c) That the high costs of fuel and lack of a separate budget for fuel seems to be more of a barrier in policing gender-based violence, as opposed to lack of vehicles.

Forensic social workers

In relation to forensic social workers, SAPS currently has 72 forensic social workers in its employ to assist in the investigation of cases involving children and mainly in cases where a child is a victim in a sexual offence matter. They would assist the investigating officer to take a detailed statement from a child, in a manner in which the child is not placed in a too vulnerable situation. SAPS reported that they plan to fill a further 59 vacant posts for forensic social workers. Of concern is that they cannot provide an accurate reflection of what this would cost. If SAPS cannot provide accurate information on the costs to fill these vacancies, it is likely that an insufficient budget will be provided, and the posts will not be filled. SAPS also need to be in a position to inform stakeholders on the stations or FCS Units where these forensic social workers will be placed. The needs assessment for forensic social workers within SAPS should also be based on factors such as the reported crime rate of sexual offences against children. In the 2011/ 2012 financial year, SAPS reported 25 862 sexual offence crimes committed against children.11 72 or 131 forensic social workers seem somewhat insufficient to ensure effective policing on sexual violence against children.

This is also quite evident in practice, as the FCS Unit attached to the Mitchells Plain police station reported that they have one forensic social worker at the FCS Unit, which taking the caseload into acoount(especially in relation to the amount of sexual offences committed against children), is somewhat insufficient.

Research and implementation

SAPS do not budget separately for services such as serving protection orders and general duties in relation to domestic violence complaints. SAPS also do not have a separate budget for conducting research into the nature and effects of domestic and sexual violence. However,

11. See South African Police Service (2012) Crime Statistics Overview RSA 2011/ 2012. (Accessed at: www.saps/gov.za/statistics/re-ports/crimestats/2012/downloads/crimes_statistics_presentation.pdf. on 03 December 2013.

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they have conducted a needs analysis for research to be conducted to inform decisions in regard to the establishment of research capacity. The findings of this analysis would be helpful, especially in relation to SAPS plans to progressively budget towards conducting research.

Research projects that SAPS might undertake should be specific to the information that they have at hand and in relation to their mandate in policing gender-based violence. This would be helpful when planning strategic implementation of the legislation by SAPS nationally, provincially and locally.

5. FURTHER CHALLENGES RAISED BY THE SAPS

Both the SAPS and FCS Unit raised the following further challenges, which should be addressed as it impedes on the implementation of the legislation and regulations and national instructions on gender-based violence.

• A failure to identify victim empowerment as a priority area and insufficient allocation of resources for implementing the Victims Charter;

• A lack of training;

• A lack of support for victim support volunteers. There is no funding support to pay stipends to volunteers, yet at the same time, they perform the services of the State (both those by the Department of Social Development and the Police). Currently the victim support volunteers sign indemnity forms that would negate any responsibility on SAPS should they be injured or anything happen to them while they are on duty;

• Debriefings are not compulsory and only two debriefings are allowed per annum. Considering that it is not compulsory most members do not attend these. The FCS Unit reported that if they want to attend debriefings they would have to pay for it from their operational budget, which in itself is already limited to running the FCS Unit.

• The high costs of petrol in executing its mandate in terms of the necessary legislation. The FCS Unit reported that even though they do not have a challenge in relation to a shortage of vehicles, they do have a challenge in meeting the high costs of petrol. They stipulated that most of their operational budget goes towards petrol costs.

• A lack of services for people with disabilities, which includes proper sign language and translation services.

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6. CONCLUSION AND RECOMMENDATIONS

This paper identifies that even though developments are taking place in the policing of gender-based violence offences, multiple challenges still remain. Importantly this study shows that FCS Units do not have a lack in vehicles in executing their mandate, however, petrol costs can constitute a barrier in executing its mandate. Similarly, the lack of forensic social workers and VFRs in itself is in contravention of the Victim Empowerment Charter and should be addressed as a priority for SAPS. The following recommendations should be considered.

Detective Services

• SAPS should progressively roll-out FCS Units to all police stations in the country, especially considering the high rate of gender-based violence in South Africa. A strategic plan of this nature, together with a costing and implementation guide must be tabled in Parliament for consideration.

• VFRs are a vital component of ensuring the comfort and safety of victims of gender-based violence. The plan to increase VFRs in police stations across the country should be re-considered to ensure maximum roll-out within a shorter timeframe.

• SAPS must inform Parliament on how it currently provides services to victims of gender-based violence in the absence of VFRs.

Administration

• The current monitoring and evaluation system for first level inspection and supervision in relation to domestic violence and sexual offences registers is inefficient and does not reach its objectives. SAPS should put measures in place to ensure an efficient monitoring and evaluation system for the supervision of these registers.

• It is recommended that SAPS regularly update the domestic violence register as required in the DVA and share this information with Parliament, in a manner in which the victims and perpetrators’ identities are not divulged.

• SAPS should include a report back on station by station figures for domestic violence complaints as a separate category; or that domestic violence become its own category of crime, which gets reported as a crime in its own right and not a common law offence, such as assault for example.

• SAPS national and provincial offices should encourage and document the amount of station orders issued by station commanders on the policing domestic violence and sexual offences within specific areas.

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Education and training

• The training needs of a specific station cannot be solely left at the discretion of the station commander. SAPS should develop an objective system in which external reports on the compliance of members of a specific station, based on both the Civilian Secretariat for the Police and the Independent Police Investigative Directorate, is taken into account when considering the training needs of a station.

• SAPS should embark on a study in which it analyses problem areas in the implementation of domestic violence and sexual offences and interventions in this regard. This would put them in a better position to put strategic measures in place in policing gender-based violence.

• SAPS is to provide Parliament with a budget for specific campaigns in relation to gender-based violence and not the total budget for all education campaigns within SAPS and a case study on the efficacy of public education campaigns should be written-up and published in order to learn lessons of the impact and implementation of these campaigns.

• Treasury is to provide ring-fenced conditional grants to provincial Departments of Safety and Security for the training of provincial safety and security stakeholders on the implementation of gender-based violence legislation and policies.

Tracking cases

• SAPS, together with the security cluster of Departments, should as a priority, ensure that the Integrated Justice System is implemented, in order to ensure that cases of a gender-based violence nature can be easily tracked by all role players involved.

General

• The costing for forensic social workers should be done immediately in order to ensure that this position is rolled-out to all the stations that need it.

• SAPS should table its needs analysis in relation to gender-based violence crimes with Parliament.

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ANNEXURE A: THE QUESTIONS

Parliament developed the following questions based on the implementation of the Domestic Violence Act and the Sexual Offences Act to SAPS, based on their various service programmes as found within their annual performance plan and strategic plan.

Detective services:

1. Crime investigation: regarding domestic violence cases, how much has the SAPS budgeted for:

a) detective services, and

b) follow up services?

2. Crime investigation: regarding sexual offences cases, how much has the SAPS budgeted for:

a) detective services, and

b) follow up services?

3. With regards to specialist detectives:

a) How many specialist detectives have been trained to date, and at which stations are they based?

b) Which stations do not have access to specialist detectives?

Administration:

4. With regard trauma and victim empowerment rooms:

a) Has the SAPS budgeted for the renovation and/or restructuring of police stations to accommodate for dealing with cases related to domestic violence and rape (e.g. VEP, trauma rooms)?

b) If yes to a) what has been budgeted for the establishment or development of trauma rooms infrastructure and specialised facilities? Where are these stations? And where there are none, what stations are prioritised to receive such renovation and/ or restructuring?

5. With regard to station orders around policing domestic violence and sexual offences:

a) As of June 2013, how many police stations do not have station orders around policing domestic violence?

b) Could you stipulate where these stations are?

c) As of June 2013, how many police stations do not have station orders around policing sexual offences?

d) Could you stipulate where these stations are?

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6. Considering that the majority of victims of domestic violence and sexual offences are women:

a) How many women officers and detectives are staffed at SAPS Community Service Centres to take statements and investigate matters which are of a highly senstive nature?

b) How many stations do not have female police officers available 24 hours per day?

c) Could you stipulate where these stations are?

7. With regards to the provision of budgets for documentation:

a) What is the amount budgeted for DVA Forms (such as form 1 and other SAPS forms to lodge a domestic violence incident)

b) What is the amount budgeted for maintaining an up to date list of shelters and NGOs providing services to victims of domestic violence and sexual offences in the area?

c) What is the amount budgeted for files for protection orders?

d) What is the amount budgeted for the necessary forms in terms of Sexual Offences Act?

8. How does SAPS plan to ensure that the administrative nature and the monitoring of domestic violence registers and documentation in relation to sex offences will be effective and sufficient?

Education and training:

9. How much has SAPS budgeted for training around the Domestic Violence Act for SAPS staff members?

a) In terms of the training:

i. How many staff members, by sex and province, have been trained?

ii. How many new staff members will be trained?

iii. How many existing staff members will be trained?

iv. Which staff members will be trained?

v. Which stations will receive training?

vi. What will the duration of the training courses be?

vii. How often is refresher training conducted?

viii. Which stations will not receive training and why?

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10. How much has the SAPS budgeted for Training around the Sexual Offences Act for SAPS staff members?

a) In terms of that training:

i. How many staff members, by sex and province, have been trained?

ii. How many new staff members will be trained?

iii. How many existing staff members will be trained?

iv. Which staff members will be trained?

v. Which stations will receive training?

vi. What will the duration of the training courses be?

vii. How often is refresher training conducted?

viii. Which stations will not receive training and why?

ix. Will the training differentiate between interventions with children and with women?

11. Please give detail on the content of the training relating to:

a) Domestic Violence; and

b) Sexual Offences.

c) Is the training accredited?

d) Does the training differentiate between interventions with children, and adults?

12. How much has the SAPS budgeted for:

a) Education around the prevention of sexual offences for the public?

b) Education around the rights of the public to access SAPS assistance and services in terms of the Sexual Offences Act?

c) Education around the prevention of domestic violence for the public?

d) Education around the rights of the public to access SAPS assistance and services in terms of the Domestic Violence Act?

13. This year (2012/2013) SAPS has budgeted over R 125 million for training facilities (currently under construction) to improve police personnel capabilities. For both student and in-service training:

a) How will new facilities improve the current training received regarding domestic violence and sexual offences?

b) How is the efficacy of SAPS training assessed?

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Tracking cases:

14. How much has the SAPS budgeted for databases to adequately keep track of victims of domestic violence?

15. How much has the SAPS budgeted for databases to adequately keep track of victims of sexual violence?

General:

16. A) How much has SAPS budgeted towards the purchasing of vehicles, specifically needed towards policing domestic violence and sexual offences?

B) Where will the delivery of such vehicles be prioritised?

17. A) Could you please clarify the role that forensic social workers would play with regards to policing gender-based violence crimes, as mentioned by the Minister of Police in his budget speech?

B) Could you also provide information on your plans to roll-out forensic social workers in 2013/2014

C) What costs are involved in doing this.

18. In instances where the sheriff of the court cannot serve protection orders, SAPS has a duty to serve such protection orders of perpetrators of domestic violence. What has SAPS budgeted in terms of capacity and logistics to strengthen the capacity to serve protection orders?

19. How much has SAPS budgeted for research into the nature and effects of domestic and sexual violence in South Africa?

20. Is there any other related expenses incurred by SAPS for the implementation of the Domestic Violence Act and the Sexual Offences Act?

F O R G E N D E R - B A S E D V I O L E N C E

AN UPDATE

SAPS AND PLANNING

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