15 th February 2012

1. DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT:PRESENTATION TO THE SELECT COMMITTEE ON WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES:IMPLEMENTATION OF THE DOMESTIC VIOLENCE ACT, 1998 (ACT NO 99 OF 1998):THE FIGHT AGAINST GENDER-BASED VIOLENCE 15th February 2012

2. Contents • The presentation will: • Review the progress in the fight against and Government’s role in dealing with Gender-based Violence, in particular Domestic Violence; • Report on the implementation of relevant key international protocols; the Constitution of the Republic of South Africa and domestic legislation; • Inform the Select Committee on the management and governance structures put in place; • Deal with the implementation challenges and initiatives relating to Domestic Violence and Gender-based Violence; and • Submit a conclusion.

3. INTRODUCTION • Thank you for the opportunity to report to Hon members of Select Committee on the critical issue of the fight against Gender- and Domestic Violence in the country. • The Justice, Crime Prevention and Security (JCPS) Cluster has been given the mandate to achieve the goal of Outcome 3 of the Priorities of Government, namely that all people in South Africa, are and feel safe. • In this regard, the JCPS Cluster has put in place certain measures to help deal with Gender-based and Domestic Violence, such as the establishment of the following Framework and Governance Structures: • JCPS Domestic Violence Task Team, chaired by DoJCD; • Inter-sectoral Steering Committee on Sexual Offences, chaired by DoJCD; • Joint Task Team on the LGBTI Intervention Strategy, chaired by DoJCD; • Interdepartmental Management Team on Sexual Offences, chaired by the NPA; and • The Victim Empowerment Management Forum, including victims of domestic and other gender based violence, chaired by the National Department of Social Development. • In addition, the Cluster Departments are collaborating with the National Department of Women, Children and People with Disabilities, who has recently established the Gender-based Violence Council.

4. KEY INTERNATIONAL INSTRUMENTS • RSA is a signatory or has ratified the following key international instruments: • Universal Declaration of Human Rights; • The Convention on the Elimination of All forms of Discrimination Against Women; • The United Nations Convention on the Rights of the Child; • The Optional Protocol on the Sale of Children, Child Trafficking and Child Pornography; • Violence Against Women Migrant Workers, Resolution 48/110 of the UN General Assembly (1993); • The Beijing Declaration and its Platform of Action (1995); • The Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (2003); and • The SADC Protocol on Gender and Development. • The Constitution of the RSA gives a baseline as follows: • Section 9: • No person may unfairly discriminate directly or indirectly against anyone on one or more grounds including gender, sex, sexual orientation, pregnancy and disability.

5. THE CONSTITUTION, 1996, CONTINUED: • The Constitution’s baseline, continued: • Section 10: • Everyone has inherent dignity and the right to have their dignity respected and protected. • Section 11: • Everyone has the right to life. • Section 12: • Everyone has the right to freedom and security of the person which includes the rights to be free from all forms of violence from either public or private sources; and not to be treated or punished in a cruel, inhuman or degrading way. • Everyone has the right to bodily and psychological integrity, which includes the rights to make decisions concerning reproduction and to security in and control over their body.

6. LEGISLATIVE PROVISIONS TO IMPLEMENT RIGHTS: • Government has adapted our legislative frameworks accordingly as follows: • Domestic Violence Act, 1998 (Act No 99 of 1998), implemented on 1 November 1999. A draft Bill to propose amendments to the Domestic Violence Act is to be finalised by June 2012, co-ordinated by the Dock; • Criminal Law Amendment (Sexual Offences and Related Matters) Act, 2007 (Act No 32 of 2007), implemented in phases as from December 2007; • The Protection from Harassment Act, 2011 (Act No 17 of 2011), to be implemented by March 2012; • The Children’s Act, 2005 (Act No 38 of 2005), implemented on 1st April 2010; • The Child Justice Act, 2008 (Act No 75 of 2008), implemented on 1st April 2010; • The Older Persons Act, 2006, implemented on the 1st April 2010; and • The Prevention and Combating of Trafficking in Persons Bill, at present being deliberated upon by the Portfolio Committee on Justice and Constitutional Development. • The implementation of the Domestic Violence Act, 1998 is important in that this Act now provides for the provision and enforcement of interim and final protection orders for all victims of domestic violence, where victims previously had to follow the civil process or lay a criminal charge in terms of the Criminal Procedure Act, 1977.

7. PRACTICAL IMPLEMENTATION • Management of Domestic Violence Cases at court and community level: • 900 Victim-friendly Rooms at SAPS service points, countrywide; • 27 Thuthuzela Care Centres which are fully operational; • Partial services are available at an additional 25 sites which are being capacitated, for eventual full establishment, for a total of 52 sites. • 385 Magistrates’ Courts are classified as Domestic Violence Courts in terms of section 1 of the DVA. • Social Development has 60 shelters countrywide for victims of Domestic Violence; as well as 42 Places of Safety and 254 Children’s Homes for Children in Need of Care and Protection. • Dedicated services established and available: • Legal Aid SA provides tax funded toll-free legal advice to indigent persons in civil matters, including domestic violence cases and legal representation is available in domestic violence cases in terms of Legal Aid SA Policy, where there is merit and the other party is legally represented. • Legal aid is also granted to a child in domestic violence to protect the interests of the child. • Legal aid may also be provided to LGBTI persons in Equality Court cases. * Other Dedicated Services at Court Level -2010/2011: • 224 Child Witness Testifying Rooms; • 324 CCTV’s- fitted courtrooms; and • 49 One-Way Mirror- fitted courtrooms.

8. Practical interventions of the JCPS Cluster • DoJCD initiatives: • Development of JCPS Domestic Violence Strategy, to improve co-ordination of services; • Development of Prevention Strategy; • Capacitating courts, especially large courts such as Johannesburg Family Court; • Development of Braille awareness-raising material; • Specialised training with Justice College and the NPA at Domestic Violence sections. • Department of Social Development initiatives: • 42 Places of Safety are available countrywide, where a total of 1 686 children are being temporarily housed; • 254 Children’s Homes, countrywide, where a total of 13 845 children are placed for at least two (2) years in terms of the Children’s Act, 2005 (Act No 38 of 2005); and • 60 Shelters available countrywide, where a total of 1 934 vulnerable persons, including women and children, are being temporarily housed.

9. Practical interventions of the JCPS Cluster cont. • Police visibility: • Taking statements regarding Domestic Violence behind closed doors and in privacy – 900 Victim-friendly Rooms; Currently SAPS has 1124 police stations, not including satellite police stations and contact points where cases can also be reported. • Police are being trained to deal with such cases; • Type of training which the police are undergoing: • Social context and gender sensitivity included in 5 day Domestic Violence Learning programme. • NPA initiatives: • Training of prosecutors by SOCA on GBV and Domestic Violence; • Ndabezitha training program with Traditional Leaders; • 27 full Thuthuzela Care Centres, established; and 25 partly established: • During 2010/11, 20 496 victims assisted at 45 sites; • During 9 months until December 2011 of 2011/12, 20 377 victims assisted at 52 sites, of whom 985 were Domestic Violence-related.

10. Areas which are not entirely in the domain of the JCPS Cluster: • Unemployment; • Education; • Social Grants; • Infrastructure; • Transport; • Hospitals. • Multi-Cluster approach necessary. • Requires broader Government intervention and initiatives. • Collaboration with Gender based Violence Council under Chair of Department of Women, Children and People with Disabilities, also important.

11. What are the Notable Successes in implementing the Domestic Violence Act, 1998? Successes: • Establishment of Governance structures to ensure a coordinated response and joint monitoring of performance; • The development of Family Law Practise Learnership: SAQA Qualification No 50265, that provides 3 specific Unit Standards for DV at NQF 5 and 6, and having a credit value of 32; • Development of Braille Booklet on Domestic Violence to ensure that access to justice is also benefited by the blind community; • Development of Integrated Case Management System for DV to track DV cases from entry up to the time each case is finalised; • Development of Process Maps for the DVA to ensure that every role-player knows what, when and how the other role-player works. It will also guide the victims through the processes and procedures involved in DV. This was NPA-led; • Development of a Personalised Safety Plans for victims/ survivors of DV, so as to that the victims take some action to strengthen protection and security. This initiative is NPA led; and • The provision of free legal services to victims by LASA.

12. CHALLENGES IDENTIFIED AND PRACTICAL INTERVENTIONS: • Lack of a co-ordinated strategy between JCPS Cluster Departments to implement and monitor the Domestic Violence Act, 1998: • Therefore, the Cluster established the JCPS Domestic Violence Task Team, to draft, implement and monitor the integrated Domestic Violence Strategy. • The Team consists of the DoJCD, NPA, Legal Aid SA, SAPS, Social Development, Health and the Judiciary. • Departments of Women, Children and People with Disabilities; COGTA (NHTL), Transport and Housing to be invited to attend as well. • The draft Strategy is in the process of submission and approval by the JCPS Cluster Directors-General. • The need for the development of norms and standards to address domestic violence in the chain from prevention to addressing the consequences of domestic violence: • Therefore, DoJCD is co-ordinating the drafting of a Domestic Violence prevention strategy; • SAPS have issued National Instructions; • NPA has issued Directives; • The Judiciary have adopted Guidelines for the Management of Domestic Violence cases on the Bench; • The DoJCD is furthermore in the process of updating the regulations on Domestic Violence as well as drafting Guidelines for Clerks of the Domestic Violence Courts.

13. Lack of monitoring mechanisms were identified: Therefore, have established the governance and monitoring frameworks including the JCPS Domestic Violence Task Team; the VEP Management Forum and the Gender based Violence Council. Continued violence and intimidation against applicants in spite of the fact that they had obtained Domestic Violence protection orders: Therefore have developed Safety Planning Tool in conjunction with NPA; and Intensifying communication and awareness-raising campaign. Severe impact on children, the elderly, mentally and physically disabled: Co-ordination through implementation of: Children’s Act, 2005 implemented on 1st April 2010; Child Justice Act, 2008 implemented on 1st April 2010; and Older Persons Act, 2006 implemented on 1st April 2010; Victim Empowerment Management Forum and Social Development are assisting with shelters and social support to victims of domestic violence, including the mentally and physically disabled. CHALLENGES IDENTIFIED AND PRACTICAL INTERVENTIONS cont.:

14. The Children’s Act, 2005 (Act No 38 of 2005) authorises the Children’s Court to declare a child exposed to domestic violence as a child in need of care and protection. The various options available to such child, include: Placement of children in Children’s Homes; or In Foster Care; Under the supervision of a social worker and/or the court, or Prevention Programmes, which need to be attended by parents and caregivers. The Child Justice Act, 2008 (Act No 75 of 2008) provides measures to manage children who are in conflict with the law, including those who learned violence from violent homes. It promotes diversion of children from the mainstream criminal justice system, so as to ensure that they are rehabilitated and re-integrated into society. Children’s legislation, implemented:

15. CHALLENGES IDENTIFIED AND PRACTICAL INTERVENTIONS cont.: • The need for continued and intensive training of all role-players, including Clerks of the Court, Magistrates and Police members: Therefore, we have intensified operational training of clerks, magistrates, prosecutors and other Cluster staff: • Justice College has dedicated training programs for clerks and prosecutors. • The South African Judicial Education Institute is up and running to train the Judiciary in matters relating to Domestic Violence. • The Department, in partnership with NPA, also implements training on the Family Law Practice Learnership: SAQA Qualification No. 50265, which carries 3 Unit Standards for Domestic Violence having a total of 32 credits. • NPA also conducts multi-disciplinary training through the Integrated Domestic Violence Training Programme. The Programme covers all the roles of stakeholders within the DV sector. • SAPS has dedicated training programs relating to Gender based Violence and Domestic Violence.

16. Department’s training:

17. SAPS training:

18. CHALLENGES IDENTIFIED AND PRACTICAL INTERVENTIONS cont.: • Impact of alcohol abuse on Domestic Violence: • The Central Drug Authority (CDA) has been established in terms of the Prevention of Substance Abuse Act, under the auspices of the Minister of Social Development; • The CDA includes civil society experts selected via public nominations and hearings by the Portfolio Committee of Social Development and representatives from Departments; • The CDA must adopt a National Drug Master Plan every 5 years; • The Departmental Mini Drug Master Plans are adopted annually to give effect to the NDMP; and • Prevention is one of the main areas in the NDMP and MDMP’s, concentrated upon. • Referral and follow-up mechanisms: • JCPS partners have developed referral mechanisms on local, provincial and national level, such as the establishment of Provincial VEP Fora during 2011. • Services for disabled victims: • Sign language interpretation services are sourced out when required at court, mostly to DEAFSA; • Awareness material in Braille, is being developed; • Ramps into court buildings are being added as funds become available.

19. CHALLENGES IDENTIFIED AND PRACTICAL INTERVENTIONS cont. • Challenges regarding fire-arms and dangerous weapons and the interpretation of the relevant sections of the DVA: • The relevant legislation and regulations are being reconsidered; • Intensive training for members of the SAPS, is taking place; and • Various operations to surrender legal and illegal fire-arms so that communities could be safer. • Socio-economic aspect of domestic violence: • Therefore, working with the Department of Social Development to implement the Social Crime Prevention Strategy, approved by Cabinet in September 2011; • VEP Management Forum renders continued support for victims of domestic and gender-based violence. • Need for the rehabilitation of offenders: • Departments of Correctional Services and Social Development are including programs on Anger Management, Substance Abuse, Life Skills etc., in terms of programs in correctional facilities, as well as diversion and non-custodial sanctions’ programs.

20. CHALLENGES IDENTIFIED AND PRACTICAL INTERVENTIONS cont. • Regarding the improvement of service delivery, the Department is continuously innovating on how to improve our services. • The Department is in the process of enhancing the Service Charter and the relevant Service Standards in this regard. • Therefore, where specific services may be a challenge, we are still innovating on how to deal with issues of Gender-based Violence a little bit better.

21. CHALLENGES IDENTIFIED AND PRACTICAL INTERVENTIONS cont. • Ten Year Review Research of the Implementation of the DVA: • During 2009-2010, the Department conducted a Domestic Violence Micro-Study to determine the impact of the Policies, Procedures and Systems developed for the effective implementation of the Act within the courts. * Findings of the Micro-Study: • The fact that the Act was not costed prior to implementation, was found as the major contributor to the inefficiencies identified within the criminal justice system. The Micro-Study costed the processing of the applications for protection orders at an average of R38 million per annum. • More Interim Protection Orders were granted than confirmed as Final Protection Orders. Of the 150 court records studied in NC, NW and EC – only 35.3% in NC, 40% in NW and 54% EC were made final. As the initial response, the Department developed the ICMS for DV to ensure the proper recording and tracking of cases from the entry point to the exit point. • The service of protection orders was found to differ greatly from court to court; hence the Department has identified the need for the development of a protocol with the Board for Sheriffs, and departmental guidelines to establish uniformity in this regard.

22. CONCLUSION ON CHALLENGES: • Though some challenges are being experienced regarding implementation of the Domestic Violence Act, 1998, all the JCPS Cluster strategies and activities relating to fighting Gender-based and Domestic Violence, have started to deliver positive results. • Recent Victims of Crime Surveys such as the Stats SA Survey published in November 2011, indicate that victims of crime are beginning to see some results in the fight against crime and the improvement in the treatment of victims. • When it comes to sexual offences, 38,4% of victims were victimised by a known community member(s) in the area of residence. In 2010, most incidents of assault (35,7%) occurred at home, while 18,6% occurred in the streets outside offices/shops. More than 90% of the perpetrators of sexual offences used physical force, followed by using a gun (31,5%) and a knife (24,5%).

23. LIMITATIONS: • Limitations include that domestic violence takes place in homes or private spaces where Government is not present: • The development of prevention strategies and safety/ coping strategies are therefore critical, which will be developed in consultation with civil society and all relevant role-players; • Change of mind-set is necessary. • Other challenges include limited resources, which are being stretched as far as possible at this point in time.

24. Statistics & Trends: Schematic Presentation:Domestic Violence: Civil Process

25. Statistics & Trends: Civil Protection Orders: Years 2009 -2011: • The table provides statistics relating to New Applications received for Interim Orders, Protection Orders made final and Warrants of Arrest issued for breach of Protection Orders. • During 2009, 35% of the applications for interim orders received were made final (section 6), during 2010: 36% and during 2011: 40%. • It can be observed that there is a slight increase of 4% on the Protection Orders made final from 2010 vs. 2011.

26. Statistics & Trends: GraphCriminal prosecutions: 2009 – 2011:

27. Criminal prosecutions: 2009 – 2011: • The above table indicates that the total finalisation rate was 27.6% and the withdrawal rate was 54.9%. • In 2009, the finalisation rate was 27.1%, in 2010 it was 28.2% and in 2011, it was 27.1%. • The withdrawal rate in 2009 was 47.9%, in 2010, it was 56.9% and in 2011, it was 54.8%. • The average finalisation rate was 27.5% for the three years (2009-2011) and the average withdrawal rate for the same period was 53.2%.

28. Perceptions of Crime • The Stats SA Victims of Crime Survey (VOCS) released on 26 November 2011 was a countrywide household-based survey to monitor perceptions of the public and victims of crime. The key findings include the following: • In sexual offences, 38,4% of victims were victimized by a known community member(s) in the area of residence. In 2010, most incidents of assault (35,7%) occurred at home, while 18,6% occurred in the streets outside offices/shops. More than 90% of the perpetrators of sexual offences used physical force, followed by using a gun (31,5%) and a knife (24,5%). • Stats SA furthermore reported that Domestic Violence does not seem to be reported in large numbers, because victims are embarrassed, afraid or dependent upon the perpetrator. • Stats SA will however, add questions relating to Domestic Violence in future surveys.

29. CONCLUSION: The responses to the Committee’s written questions, will follow next. In conclusion: • Many progressive initiatives have made a significant mark in the improvement of service delivery in certain areas. • However as Government, we are still far from where we should be, but with a structured and co-ordinated intersectoral approach, coupled with tireless commitment, we will strive to win the battle against domestic violence. • Questions?