VIOLENCE AGAINST WOMEN AND CHILDREN

1. VIOLENCE AGAINST WOMEN AND CHILDREN

2. APPLICABLE LEGISLATION • Domestic Violence Act • Criminal Law (Sexual Offences and Related Matters) Amendment Act • Child Care Act / Children’s Act • Child Justice Act

3. DOMESTIC VIOLENCE ACT • Act came into operation on 15 Dec 1999 • National Instruction by National Commissioner on duties and powers of members in terms of Act

4. DUTIES OF THE POLICE: DOMESTIC VIOLENCE • Police must render assistance to the victim to: • find suitable shelter; • obtain medical treatment; and • make a decision on the remedies at his or her disposal. • Accompany victim to collect personal property

5. POWERS OF THE POLICE: DOMESTIC VIOLENCE • To arrest • To seize weapons • To serve protection order • To enforce protection order

6. TRAINING ON DOMESTIC VIOLENCE • With the implementation of the Act, 1771 commanders and trainers from every station and area were trained on the Act. These trainers were responsible to train the remaining members and divisions before its coming into operation • Training on domestic violence was included and now forms an integral part of the Basic Training Programme for new recruits since 2000 • A specialized 5-day course on the handling of domestic violence incidents was developed and implemented during 2005

7. TRAINING ON DOMESTIC VIOLENCE (Cont) • More than 70% of all specialized members responsible for the investigation of Family Violence, Child Protection and Sexual Offences related crimes, completed specialized training (including training on the handling and investigation of cases involving domestic violence) • Presently all Station Commissioners receive refresher training on their specific roles in respect of domestic violence. (Gauteng, Free State, Western Cape, Eastern Cape, and KZN completed) • In-service training is continuing

8. REPORTING: DOMESTIC VIOLENCE Domestic violence cases reported to the Police: • 2005/2006: 86 390 • 2006/2007: 88 777 • 2007/2008: 95 218

9. MONITORING AND EVAULATION: DOMESTIC VIOLENCE • Station Commissioners & Supervisors must regularly peruse and inspect all DV registers and resource lists to monitor service delivery to victims of domestic violence • Cases reported to the Police involving domestic violence, are allocated to investigating officers (Detectives) for a full investigation and present the docket to the Prosecutor • Failure by a member to comply with an obligation imposed ito the Act constitutes misconduct. Disciplinary proceedings are instituted against members who fail to comply with their obligations UNLESS the ICD directs otherwise • Evaluation Services conduct regular inspections at station level to ensure compliance with the Act and National Instruction

10. SEXUAL OFFENCES LEGISLATION • Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) came into operation on 16 December 2007 • National Instruction by National Commissioner on duties and powers of members and to guide members to render effective support to victims

11. CHANGES: SEXUAL OFFENCES • 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

12. CHANGES: SEXUAL OFFENCES (Cont) • Provides for the compulsory HIV testing of alleged sexual offender (Chapter 5) • Provide for services to victims to minimize traumatisation (eg PEP) • Provides for National Register for Sex Offenders (not yet in operation)

13. CHANGES: SEXUAL OFFENCES (Cont) • Crimes committed since 16 December 2007 • Repeal common law offences (eg rape, indecent assault, bestiality, incest) • Creates more than 66 new offences • Replacing some common law offences with expanded statutory offences, ie rape, sexual assault • Abolish gender and age discrimination • Create specific offences to protect children and mentally disabled persons • Duty to report the commission of a sexual offence against a child and mentally disabled person

14. TRAINING: SEXUAL OFFENCES • Basic Training Programme for new recruits • training on new Sexual Offences legislation included in January 2008 • now integral part of the training programme • First Responders to Sexual Offences Course • Detective Learning Programmes • Sexual Offences Investigator’s Course • Specialized training for FCS members (FCS Detective Learning Programme)

15. TRAINING: SEXUAL OFFENCES (Cont) Partnership between US Government and the Police in respect of Sexual Offences Training for investigating officers and first responders US funded Women’s Justice Empowerment Initiative (WJEI) launched in 2005 for SA and 3 other countries in Africa Purpose: to address challenges of sexual violence against women and children and enhance the capacity of local law enforcement, criminal investigators, prosecutors, magistrates and the judiciary

16. TRAINING: SEXUAL OFFENCES (Cont) Initiatives undertaken as part of the WJEI programme: In 2008 Detective Services including Forensic Science Specialists were exposed to the Sexual Offences Investigators training. 12 courses with 30 detectives each completed by FCS Unit (360 detectives) Early in 2009 “Train the Trainer” courses took place – 17 members trained in respect of the 1st responder’s course and 18 members underwent the Investigators course (35 trainers) Provinces currently training 3-5 courses of 25 members each (depending on size of province) Plan for 43 courses (+/- 25 members each) for 1st responders and 63 in respect of Investigators in all provinces All in all +/- 3000 members to be trainednext year

17. CHILDREN’S ACT, 2005 (Act No 38 of 2005) • Act not yet fully in operation - • only administrative sections • Child Care Act, 1983 (Act No 74 of 1983) • A National Instruction to guide members on how to implement the Act is being developed

18. MAIN CHANGES: CHILDREN’S ACT • “Child in need of care” now “child in need of care and protection” • Removal by Police only if child also in need of “immediate emergency protection” • Best interest of the child the guiding factor

19. MAIN CHANGES: CHILDREN’S ACT (Cont) • Obligation to report that child is abused, neglected • Obligation of designated child protection organisation or prov dept of social development to report an offence against a child • Detailed prescripts on how to deal with children in need of care and protection

20. MAIN CHANGES: CHILDREN’S ACT (Cont) • Removal of alleged offender • Children who are victims of trafficking • Report of death of victim in care facility • Prohibition on employing persons unsuitable to work with children • Enforcement of parental responsibilities and rights

21. CHILD JUSTICE ACT, 2008(Act No 75 of 2008) • Act to be promulgated on 1 April 2010 • National Instruction will be issued by the National Commissioner

22. CHANGES: CHILD JUSTICE ACT • Establish separate criminal justice system for children in conflict with the law • Raises minimum age of criminal capacity of children from 7 years to 10 years • Provides for securing attendance at court and the release or detention and placement of children • Provides for diverting matters away from the formal criminal justice system • Entrench the notion of restorative justice in respect of child offenders

23. RESPONSIBILITIES OF POLICE: CHILD JUSTICE ACT • A child below 10 years who is alleged to have committed an offence may not be arrested and must be handed over to parents, appropriate adult, guardian or suitable child and youth care centre • Securing the attendance of the child in court • Arrest only in limited circumstances and consider placement after arrest in child and youth care centre

24. RESPONSIBILITIES OF POLICE: CHILD JUSTICE ACT (Cont) • Conditions of detention: • held separately from adults and boys separate from girls; • taking into account their particular vulnerability; • permit visits by parents, legal representative, probation officer etc; • cared for in a manner consistent with the special needs of children (incl health care, food, blankets)

25. RESPONSIBILITIES OF POLICE: CHILD JUSTICE ACT (Cont) • Complaint of injury sustained by a child during arrest or detention • Expungement of record

26. CRIMES REPORTED Violence against women and children • Child murders: • 2006/2007: 1630 • 2007/2008: 1461 • Femicide: • 2006/2007: 2744 • 2007/2008: 2780

27. CRIMES REPORTED (Cont) Violence against women and children • Ukuthwala: • Abduction • 2006/2007: 353 • 2007/2008: 338 • Kidnapping: • 2006/2007: 372 • 2007/2008: 397

28. Interdepartmental co-operation on Gender-based Violence Domestic Violence and Sexual offences were originally dealt with by two interdepartmental committees Since 2007 this has been combined into the Interdepartmental management team for Gender Based Violence that deals with sexual offences, domestic violence and trafficking in women and children Focus is on prevention, improving the CJS responses to these crimes and services to victims

29. SAPS roles and responsibilities • SAPS plays a role in all three focus areas: • Prevention: • Improving relationships with communities and partners to increase reporting of GBV • Raising awareness and education iro victims rights and what can be expected of SAPS (also important to reinforce this message for members) • Using police information and information from communities to inform crime prevention and combatting activities of SAPS at local level and mobilise specific partnerships • Emphasising the need for an effective first response and early intervention (recognising the limitations of police in prevention intimate violence).

30. SAPS roles and responsibilities • Prevention (continued) • Proactive policing programmes like sector and community policing that take policing closer to communities and works with communities to address risk factors • Working with other departments to address social and other causes and contributing factors to crime - which are included in the prevention programmes of those departments, for example the Gender Education Movement from Education.

31. SAPS roles and responsibilities • Improvingthe CJS response • Includes improved investigation, forensic and crime scene support and criminal records • Continuing to invest in improving investigation skills • Improved coperation with other Departments in the CJS • SAPS activitely involved in interdepartmental processes relating to all aspects of improvement to the CJS

32. SAPS roles and responsibilities • Victim support • SAPS part of NCPS VEP from inception • In process of rolling out a manual to support SAPS victim support work - detailed ‘how to’ guide that reinforces the commitments included in the Victims Charter • Improving skills of members – 1298 members trained in 2008/2009, 558 to date in 2009/2010 • Improving facilities at police stations – 795 victim support rooms currently in place at police stations • Blueprint for new stations include facilities for victims • Ensure that referral systems are in place in all stations to support early intervention and victim empowerment

33. Ukutwala and crimes associated with initiation Where these practices are identified as relating to specific traditional practices and not just crime, SAPS has worked with traditional authorities to address it In Eastern Cape, working with the provincial Health Department, SAPS provides support for the enforcement of provincial legislation to ensure that crimes and harmful practices in initiation schools are addressed In Gauteng the SAPS will be implementing a series for community based workshops to address problems experiences with initiation practices in September 2009 SAPS has also assisted with training for traditional authorities on the relevant legislation and programmes to protect women and children Partnerships with communities are important in this regard - also the challenge to execute SAPS responsibility to uphold the law whilst still retaining respect for culture and tradition of the communities we serve

34. Child care and protection Focus is on the Child Justice and Child Care and Protection programmes. SAPS is actively involved in both programmes that address: Ensuring that child offenders are dealt with in terms of the Interim Protocal until implementation of the CJA Addressing offending behavior by children through early intervention and referral Proactively responding to children in need of care and at risk, also through early intervention and referral Ensuring that police stations are part of the local support networks for children at risk and assisting to establish such networks with government and community partners where needed.

35. CHALLENGES • On-going training to ensure compliance • Gender sensitivity • Community not yet fully aware and sensitized: • the protection afforded by the legislation • roles & responsibilities of different role-players • Proper coordination between different state departments, NGO’s & community initiatives (eg lack of shelters, availability of probation officers) • 24-hour availability of all role-players