The South African Police Service’s (SAPS) inability to enforce the Domestic Violence Act (Act 116 of 1998) (DVA) does not only constitute misconduct, according to Section 18(4)(a) and (b) of the DVA, their failures are the reason why the epidemic of violence against women and children is allowed to continue on its upwards trend, with protection orders not being served and arrests and convictions in cases of GBV dwindling.
The SAPS Domestic Violence Census was presented to the Portfolio Committee on Police today and according to Action Society, the police’s failure around the administration of protection orders is of critical concern. “Only 62.28% of police stations managed to serve the protection orders received. It is critical for stations to serve all interim protection orders, as they only take effect once served to the respondent,” says Action Society spokesperson, Juanita du Preez.
Police stations also struggle to correctly file protection orders with many orders simply going missing. Final protection orders were correctly filed in 53.97% of stations, with 12.19% improperly filed and 25.69% missing. Warrants of arrest were correctly filed in 52.94% of stations, with 12.88% improperly filed and 25.51% missing.
It is no wonder that the conviction rates for these crimes are so low. The numbers were the worst in the Free State (729 convictions from 8 310 reported cases), Kwa-Zulu Natal (474 convictions from 6 729 reported cases), Gauteng (943 convictions from 21 246 reported cases), Limpopo (364 convictions from 4 446 reported cases) and the Western Cape (1 216 convictions from from 23 375 reported cases). In each province, the conviction rate was under 20%, and some including KZN and Gauteng were below 10%.
Shockingly, a total of 186 SAPS members were reported as perpetrators of domestic violence during the review period. The Western Cape had the highest number of offenders with 82 cases, followed by the Free State and Gauteng with 26 cases each. Of the 186 reported members, only 78 firearms were confiscated.
“There should be zero tolerance for perpetrators of abuse within SAPS. How is a victim supposed to tell their story if they are unsure whether the person they are reporting to could be guilty of the same behavior?”
In terms of general compliance, none of the 1156 stations were fully compliant and things are getting worse. Currently, 50% of the stations (589) are significantly compliant, reflecting a 30% drop from the previous census, where 80% showed significant compliance. Moreover, only 61% of police stations maintained an updated list of organisations for referring victims to counselling and support services, raising concerns about their ability to assist victims effectively.
“It is time that SAPS get their ducks in a row. Inadequate knowledge of the law and poor compliance to station procedures cannot be the excuse that someone who needs a protection order, is left without one. Too many victims of violence are shown the doors because of police incompetence, only to face their aggressors alone. The only way to change this sad state is to work together as communities, strengthening one another’s hands,” du Preez concluded
