CIVILIAN SECRETARIAT FOR POLICE
Monitoring the implementation of DVA
MONITORING AND EVALUATION : POLICY COMPLIANCE DIRECTORATE

Background

The Domestic Violence Act 116 of 1998 (DVA) was promulgated in 1999 in an attempt to provide victims with an accessible legal tool to stop domestic abuse. Though far-reaching in its definition of what constitutes an act of ‘domestic violence’ and ‘domestic relationships’, implementation has been negatively affected by a lot of challenges.

In an attempt to ensure adequate implementation, the legislation required the National Commissioner of the SAPS to issue National Instructions and Policy Directives in terms of which its members must comply in the execution of their functions. In addition, the Act also provides for a positive or legal duty on the police to perform in terms of the provisions of the law. The National Commissioner is also obliged to submit reports to Parliament every six months regarding the number of complaints received against the police, disciplinary proceedings instituted as a result of those complaints and the outcomes of such proceedings.

The former Independent Complaints Directorate (ICD) monitored the SAPS’s non-compliance with the DVA until March 2012 when this role was transferred to the Civilian Secretariat for Police according to the Civilian Secretariat for Police Service Act 02 of 2011. The SAPS are compelled to comply with the provisions of the DVA and the National Instructions, any failure to do so constitute misconduct and must be reported to the Secretariat.

The Civilian Secretariat for Police Service Act mandates the Civilian Secretariat to:-

  1. Monitor and evaluate compliance with the Domestic Violence Act, 1998 (116 of 1998) by the South African Police Service (Sec 6 (1) (a) )
  2. Make recommendations to the police service on disciplinary procedures and measures with regard to non-compliance with the Domestic Violence Act

Responsibilities of Civilian Secretariat for Police

  • Monitor DVA Compliance by the SAPS through conducting station audits
  • Monitor the implementation of recommendations made regarding non-compliance by the SAPS members
  • Report to parliament on the level DVA compliance

Role of provincial secretariat

  • The Head of a Provincial Secretariat must, through the head of a provincial department responsible for Safety and Security, should submit to the MEC and the Secretary quarterly reports on the activities done.
  • Provincial Secretariat shall receive monthly reports on non-compliance complaints by SAPS members from the Provincial Commissioner and make recommendations on disciplinary processes.

Implementation plan

Task / Activities / Purpose / Expected outcomes / Responsibility / Time frame / Budget / Progress to date
Regulations / •Development of the Civilian secretariat Act regulations
•Alignment of SAPS National Instructions with the monitoring role of the Civilian Secretariat / To have the Civilian Secretariat’s mandate clearly regulated in all relevant policy documents / •Civilian secretariat Regulations developed
•SAPS National Instructions aligned to the Civilian Secretariat / Civilian Secretariat - Policy Compliance Directorate
SAPS / To be completed by 31 March 2013 / Civilian Secretariat regulations have been developed
Task / Activities / Purpose / Expected outcomes / Responsibility / Time frame / Budget / Progress to date
  1. Forums
/ 2.1 Utilise the Consultative Forum for strengthened cooperation. /
  • To strengthen relations with IPID, Secretariat and the and create seamless handover of responsibilities
/ Improved further corporation post the hand over period / Secretary of Police and IPID Executive Director / Quarterly / MOU developed and awaiting signatures by the Senior Managers
Final DVA compliance report by IPID submitted
2.2 Utilise HOD and M&E forum as platform of aligning work / •To ensure alignment between Provincial Secretariats and the Civilian Secretariat
•To ensure regular reporting on police performance with regard to DVA implementation / Synchronised reporting, tools and DVA APP. / Secretary’s office and Programme Evaluation Sub directorate / Quarterly
M& E forum meetings:
31 May – 01 June
16 & 17 July
10&11 October
06&07 February / M&E and HoD forum have been established and meets on a quarterly basis. On the forum meeting held in North West Province, the DVA tool was introduced and the roll out plan for DVA workshop in all provinces was developed.
2.3 Convene Compliance forum /
  • To strengthen relationship with SAPS
  • To establish proper channels and systems for improved implementation of recommendations
  • To synchronise reporting to Parliament
/ •Consolidated report with the following developed:
-All domestic violence cases reported to SAPS
-All Non- compliance complaints reported against members
-Feedback on implementation of recommendations / Policy Compliance Directorate / Quarterly meetings:
15 May 2012
31 July 2012
30 Nov 2012
29 March 2013 / R1200 / Compliance forum has been established and terms of reference have been signed by the National Commissioner.
One meeting was convened on 15 May 2012
2.4 Convene Gender and Child Justice Reference Group /
  • To have a combination of policy makers, academics, civil society and business people with knowledge and experience in working with gender based violence and the policing environment that will hold an advisory role to the Secretariat with regard to policy formulation, implementation and compliance
/
  • Improved ability to identify gaps and challenges
  • Come up with effective remedial measures that will improve the Secretariat’s monitoring mandate.
/ Policy Compliance Directorate / Quarterly meetings:
08 June 2012
28 Sep 2012
23 Jan 2013 / R227 200 / Reference group has been established and 1 meeting was convened on 08th June 2012
Inputs for the DVA station audit tool were made. The following organisations and institution form part of the Reference Group: TLAC, POWA, GRIPP, Childline, Teddy Bear, Ikhaya Lethemba, UCT, Wits, CSIR, RAPCAN, Women’s Legal Resource Centre
Operational systems / 3.1Develop SOP for monitoring of DVA implementation by SAPS /
  • To spell out expected internal responsibilities with regard to monitoring SAPS
  • To define the process of applying for exemptions and clarify responsibilities
/ Approved SOP for monitoring DVA implementation / Policy compliance sub directorate and the Compliance Forum / 31 July 2012 / Draft SOP has been developed and will be discussed in the next Compliance Forum to be held on 31 July 2012
3.2Design and develop DVA monitoring tool /
  • To monitor DVA compliance by the SAPS
  • To ensure data collection uniformity
/ Monitoring Tools developed and circulated to provinces. / Policy compliance / End of May 2012 / Draft DVA monitoring tool have been developed and piloted.
Interim database for all audits conducted developed
3.3Design and develop uniform reporting templates / To ensure that all reporting templates for the following are developed and standardised:
  • SAPS to Provincial Secretariats
  • Provincial Secretariats to Civilian Secretariat
  • Parliamentary report
  • Recommendations report
/ Standardised reporting template / Policy Compliance in consultation with the M&E Forum, Reference Group, Compliance Forum and the IPID / Sept 2012 / Draft station audit reporting template has been developed
3.4Design and develop internal complaints
management system for the Secretariats / Develop an internal complaints management system for reporting and managing complaints / An approved workflow process / Policy Compliance, Police Conduct / Sept 2012 / Draft workflow process on how complaints should be handled has been developed
  1. Capacity building
/ Conduct workshops with all Provincial Secretariats on how to monitor the implementation of DVA at station level /
  • To ensure that provinces are fully equipped with the DVA knowledge
  • To ensure all provinces can implement the DVA tool
/ Provincial Secretariat officials with DVA knowledge and ability to conduct station audits. / Policy Compliance Directorate / June to July 2012 / R120 000 / 8 provinces and 135 officials have been trained.
Two of these requested further training.
Mpumalanga will be trained in August 2012
Communication strategy / 5.1To conduct joint communication outreach and awareness programmes with IPID
5.2Develop posters and pamphlets with information on the Secretariat’s mandate and contact details / To provide the public and the SAPS with updated information on new mandates of the Secretariat and the IPID. / SAPS and the public well informed on relevant complaints mechanisms. / Secretariat – Policy Compliance, Partnerships and the Communications unit
IPID
SAPS / Ongoing / R150 000 / Draft communication plan developed

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