Presentation by the South African Police Service to the Public Hearings on the Sexual Abuse of Children
11 March 2002

Content
Introduction

Programmes to address rape: Prevention, investigation, victim support
Building capacity and budgeting for improved service delivery in regard to rape and sexual offences
Internal programmes: Sexual harassment, empowerment of women, employee assistance


Implementation of the Domestic Violence Act

Introduction

The work of the SAPS in regard to rape and sexual offences includes aspects of prevention, reaction or response in terms of the criminal justice system and support to victims and witnesses. The programmes have both an external focus and an internal focus.

Prevention – SAPS activities focus on the prevention or reduction of crimes, through community and sector policing, situational crime prevention and policing the factors (like firearms, drugs and alcohol) that contribute to crime and violence. This area of work forms part of the SAPS Crime Combating plan and is informed by the geographical approach to crime combating.

Response and Investigation – The SAPS reaction to crimes like rape and sexual offences includes investigation and gathering evidence for use in prosecution. The work of the units and specially trained detectives that focus on rape, and the forensic analysis capacity of the SAPS are some of the important aspects in this regard.

Support – Programmes in the SAPS to improve services to victims and support victims through the criminal justice process, as well as community based programmes that involve volunteers in practical victim support are included in this section. The importance of victims as witnesses in the criminal justice process and the need to adopt a victim-centered approach are crucial objectives of the programme.

Integrated action: The input from the SAPS includes reports and plans that form part of interdepartmental programmes including the Anti-rape strategy, Domestic Violence Programme, Victim Empowerment programme, Child Abuse and Neglect programme and Child Justice Programme and Women Empowerment programme.
Management processes are in place for each programme to ensure that work is done is an integrated and inclusive manner
SAPS presentation will focus on only the SAPS contribution and action to these inter-departmental programmes.
Our input also forms part of the integrated action plans for the JCPS and Social Clusters.

Focus on rape and sexual offences

The SAPS is represented on the Inter-departmental management team for rape and sexual offences (IDMT) lead by the Special Director for Sexual Offences and Community Affairs in the National Prosecuting Authority.

The IDMT has developed an information-based approach to develop a strategy to address rape and sexual offences. The action plan developed in terms of the strategy development process focuses on prevention, reaction by the Criminal Justice System and Support to Victims and Witnesses. The matrix for action by all Departments and stakeholders is included below. The SAPS contribution to action plans developed in terms of this matrix for action will be detailed in this presentation.



Prevention

Policy and Legislation:
National Crime Prevention Strategy of 1996 and White Paper for Safety and Security.

Programmes
An important role of SAPS is to use information about crime in particular local crime trend analysis to also inform actions of other stakeholders for example local government and public transport providers. This is done at local level. Stations must also use crime trend analysis to inform their prevention and crime combating operations and is working with communities as part of community and sector policing programmes.

Stations also implement many crime prevention projects with CPF’s, other community organizations, NGO’s and other departments to target crimes like rape and sexual offences. Many of these programmes focus on public education and mobilizing communities to report crimes and fulfill their responsibilities as witnesses to crime.

During 2001, 20 stations were prioritized for crime prevention projects to address crimes against women and children, including rape, sexual offences, child abuse, and domestic violence. Although specific to each station area there were some common elements to these programmes like the need to address alcohol abuse as a contributing factor to violent crimes against women and children, the need to teach life skills and conflict resolution, and initiatives to provide recreational and cultural activities for children and youth that build positive values. Most programmes involve other stakeholders but SAPS stations play a significant role in mobilizing these local partnerships.

For 2002, 128 stations have been identified where 50% of rapes in SA are reported. Specific programmes to address all aspects of these crimes must be implemented in these areas. The need to mobilize other partners from all government departments and civil society will be essential.

Reaction

Policy and Legislation

The following policy documents are in place in regard to the investigation of rape and sexual offences: National Instruction 22/1998: Sexual offences: support to victims and crucial aspects of the investigations
sensitive service to victims
investigation process
initial actions of police officials after receipt of a report
statement taking
actions at a crime scene


Family Violence, Child Protection and Sexual Offences Unit (FCS) Policy document:
investigation mandate (crimes)
command and control
human resource matters (recruitment, placement, transfer, training, functions)
logistical and financial matters

SAPS members are participating, by providing input and comments in regard to the following legislative processes:
Sexual Offences Bill (SA Law Commission Project 107)
Child Care Act, 1983 (SA Law Commission Project 110)
Proposed Amendment to the Films and Publications Act, 1996
Child Justice Bill, 2001

Multi-disciplinary approach to Crimes Against children

A Multi-disciplinary approach is of the utmost importance.
SAPS one of many role players (government departments, non-governmental organizations and community based organizations)
Examples (main objectives: cooperation and prevention)
External involvement of Family Violence, Child Protection and Sexual Offences Unit (FCS)
2 102 multi-disciplinary liaison meetings during 2001
1 296 lectures/presentations to child and adult audiences during 2001

Internal involvement of Family Violence, Child Protection and Sexual Offences Unit (FCS)
Sensitization programs for SAPS members, focusing and NI 22/1998
Lectures (station level)
POLTV

Examples of commitment/committees/forums (crimes against children)

International
Interpol Specialist Group on Crimes against Children
Interpol Specialist Group on Trafficking in Children and Women

National
National Plan of Action for Children Steering Committee
National Child Abuse and Neglect Committee
Various ad hoc committees/task teams

Provincial and local
Child Abuse and Neglect Protocols
Various ad hoc committees/task teams

Training

Basic Detective Course
6 weeks
Decentralized training
Target group: detectives

Sexual Offences Investigation’s Course
2 weeks
Decentralized training
Target group: all SAPS members

Family Violence, Child Protection and Sexual Offences Unit (FCS) Investigator’s Course
3 weeks (5 courses annually; 24-35 members)
Specialized training
National training
Target group: FCS members
Specialized individuals (investigators)
Captain Crime Stop
Adopt-a-Cop

Unit Commanders: Family Violence, Child Protection and Sexual Offences Unit (FCS)
1 week (1 working conference annually)
Discussion of current affairs (crime trends, investigation methods and procedures, legislation, management, etc)
Target group: FCS Unit Commanders
Provincial FCS coordinators

Sign language (new initiative): 1 week (5 -8 courses annually; 35 members)
Specialized training
National training
Target group: FCS members
Specialized individuals (investigators)
Captain Crime Stop
Adopt-a-Cop

Workshops, conferences, seminars
Local, provincial, national and international

Capacity of the Family Violence, Child Protection and Sexual Offences (FCS) Units

The letter from the Chairperson of the Task Group on the Sexual Abuse of Children specifically requested that resourcing and training of Child Protection Units should be addressed. It is, however important to note that specialized capacity to investigate sexual abuse of children is also located in FCS units and that eventually all CPU’s will be transformed into FCS units.

Number and location of specialized units (FCS - 13; CPU - 32; = 35 units)
Eastern Cape
East London Child Protection Unit
Port Elizabeth Child Protection Unit
Queenstown Family Violence, Child Protection and Sexual Offences Unit
Umtata Family Violence, Child Protection and Sexual Offences Unit

Free State
Bloemfontein Family Violence, Child Protection and Sexual Offences Unit
Phuthaditjaba Child Protection Unit
Gauteng
Benoni Family Violence, Child Protection and Sexual Offences Unit
Braamfontein Family Violence, Child Protection and Sexual Offences Unit
Carletonville Family Violence, Child Protection and Sexual Offences Unit
Germiston Child Protection Unit
Kathorus Child Protection Unit
Krugersdorp Family Violence, Child Protection and Sexual Offences Unit
Pretoria Family Violence, Child Protection and Sexual Offences Unit
Soshanguve Child Protection Unit
Soweto Child Protection Unit
Vereeniging Family Violence, Child Protection and Sexual Offences Unit
Kwazulu/Natal
Durban Child Protection Unit
Ladysmith Family Violence, Child Protection and Sexual Offences Unit
Pietermaritzburg Family Violence, Child Protection and Sexual Offences Unit
Port Shepstone Child Protection Unit
Richards Bay Child Protection Unit
Mpumalanga
Kwa-Mhlanga Child Protection Unit
Middleburg Child Protection Unit
Nelspruit Child Protection Unit
Secunda Child Protection Unit
Northern Cape
De Aar Family Violence, Child Protection and Sexual Offences Unit
Kimberley Child Protection Unit
Springbok Family Violence, Child Protection and Sexual Offences Unit
Upington Child Protection Unit
Northern Province
Louis Trichart Child Protection Unit
Pholokwane Child Protection Unit
Thohoyandou Child Protection Unit
Tzaneen Child Protection Unit
North West Province
Klerksdorp Child Protection Unit
Mabopane Child Protection Unit
Mmabatho Child Protection Unit
Mogwase Child Protection Unit
Mothibistad Child Protection Unit
Potchefstroom Child Protection Unit
Pudimoe Child Protection Unit
Rustenburg Child Protection Unit
Temba Child Protection Unit
Vryburg Child Protection Unit
Western Cape
Goodwood Child Protection Unit
Mitchells Plain Child Protection Unit

Specialized individuals (Located in Detective Units and in stations)
158 towns

Convictions and sentences

Cases dealt with by members of the Family Violence, Child Protection and Sexual Offences Unit (CPU included) resulted in the following convictions and sentences:

January to December

2000

2001

Number of cases finalized in court (convictions)

Crimes against CHILDREN
(under 18)

1 551

2 112

Crimes against ADULTS
(18 years and older)

369

378

Years imprisonment

Crimes against CHILDREN
(under 18)

9 848

14 812

Crimes against ADULTS
(18 years and older)

2 703

2 784

Fines

Crimes against CHILDREN
(under 18)

R 404 440

R 439 675

Crimes against ADULTS
(18 years and older)

R 61 300

R 106 040

Life imprisonment

Crimes against CHILDREN
(under 18)

60

97

Crimes against ADULTS
(18 years and older)

1

6

Years correctional supervision

Crimes against CHILDREN
(under 18)

n/a

74

Crimes against ADULTS
(18 years and older)

n/a

17

Declared as president’s patient

Crimes against CHILDREN
(under 18)

n/a

10

Crimes against ADULTS
(18 years and older)

n/a

0

Compensation to be paid

Crimes against CHILDREN
(under 18)

n/a

R 18 000

Crimes against ADULTS
(18 years and older)

n/a

0


Support

Policy/legislation

The Department of Justice is currently finalizing a Victim’s Charter for South Africa. The SAPS Initiatives in regard to Victim Empowerment must be guided by the SA Victim’s Charter. Following from the Victim’s Charter the SAPS is developing a Victim Empowerment Policy and National Instruction. This process is in its final consultative state and will be concluded in 2002.

SAPS Victim Empowerment Programme

The SAPS Victim Empowerment programme is aimed at:
Training SAPS members in victim empowerment (joint programme by the Divisions of Crime Prevention, Training and Career Management). The training programme is implemented at all stations, and the objective is to train all members (including detectives), who work with victims at station, level within three years.
Improving facilities for victims at police stations (More than 600 stations have specialized facilities for victims).

Improving feedback to victims. Feedback cards for use in this regard will be tested from 15 March 2002 at 2 police stations in Gauteng and at FCS units in Kwa-zulu Natal and the Western Cape.
Involving the community in practical victim support initiatives. Community-based victim support programmes have been introduced at 110 stations in Gauteng, Mpumalanga and Kwa-Zulu Natal and the BAC Community-Based Victim Support programme will be extended to the Eastern Cape with financial support by the European Union in 2002.

Supporting the SAPS implementation of the programmes through internal communication
Informing victims of their rights and of SAPS services to victims through external communication – communication material for victims of Domestic Violence was produced in 11 official languages. The production of other communication materials for all victims of crime in 11 official languages is continuing.

Training statistics

As of 2002 the basic training for all members include Victim Empowerment training. Statistics included here include members trained as part of basic training:

Number of members trained in 2001: 6 139

Number of members trained since start of VEP: 30 849

Building capacity and budgeting for improved service delivery in regard to rape and sexual offences

It has already been indicated in the text that the combating of crime, also in respect of sexual offences, is multi-disciplinary of nature and takes place in an integrated manner to a large extent. Should some of the main functions and objectives (called Programmes / sub-programmes) of the Vote: Safety and Security, which contribute in this regard be considered, significant increases in the environments will be noted. The funding increases from 2001/02 to 2002/03 and the weights they carry therefore reflect significant increases in capacity. The Family Violence, Child Protection and Sex Crimes Units (which include the current Child Protection Units) and the functions they perform, will be resourced substantially in the 2002/03 financial year, nearly to its fullest extent in terms of needs.

Preliminary estimates and growth of applicable sub-programmes in the Vote for 2002/2003

Sub-programmes

2001/02
R’000

2002/03
R’000


Visible Policing
General Crime Investigation
Criminal Record Centre
Forensic Science Laboratory
Organized Crime

6 703 601
1 664 793
269 224
91 232

907 591

7 400 120
1 853 902
335 873
128 454

949 013






FCS

96 522

131 710

 36%

(Actual) (Indicative)

Internal programmes

Introduction
Sexism & Gender inequality
Human rights
Commitment of SAPS – elimination of unfair discrimination and uprooting of sexual harassment

Policies and Practices
Section 24(1)(g)


Suspension of members charged with sexual harassment

Employment Equity Act no. 55 of 1998

South African Police Service’s Code of Conduct

SAPS Policy document on sexual harassment

National Instruction

Incidents in SAPS
Reporting of incidents
National Instruction 3/12/2001 (6.3)


STATISTICS OBTAINED FROM PROVINCIAL SOCIAL WORK SERVICES


PROVINCE


STATS


CURRENT


FINALIZED


ACTION IMPLEMENTED

Head Office

3

1

2

-One victim did take action written
warning issued.
-Support services rendered by Social
Workers

Gauteng

12

7

5

-Legal action against alleged
perpetrators
-Protection orders issued
-External referral for other support
services
-Transfers

Mpumalanga

1

0

1

-Case withdrawn
-Issue sorted out between the victim
and alleged perpetrator

Western Cape

8

4

4

-Transfer of alleged perpetrators
-Therapeutic intervention
-Legal action
-Alleged perpetrator went on medical
board before finalization of case.

Northern Province

3

1

2

-Case withdrawn
-Support services rendered to victim

Northern Cape

8

2

Not Known

-Due to the fact that Social Workers renders support services to two cases that are still ongoing, it is not known what the outcome of the other

Eastern Cape

3

2

1

-Cases withdrawn by victims and
prosecutor
-Support services to victim and alleged
perpetrator

North West

1

Current

-

-

Free State

0

-

-

-

Kwazulu-Natal

4

2

2

-Alleged perpetrators were transferred
-Support services rendered to victims


Problems experienced

Guilt feeling of victim: does not go for support
Information on progress held from victim
Blackmailing, framing
Lack of knowledge /information on reporting of cases
Uncertainty
Discreditation of victim
Attitude of management
Transferal of victim – double trauma
Prolonged disciplinary process
Non-utilization of internal support services

Programmes and Measures

Counseling services: -
to address substance abuse, and domestic and marital problems, for members and their immediate family members
Trauma debriefing
Suicide prevention workshops
Compulsory counseling to be implemented.

Presentation of Pro-active programs including:

Colleague Sensitivity
Managing stress effectively
Financial Management (Be Money-wise)
Life Skills
Facilitation the development of ethical behaviour
Provision of spiritual empowerment programmes
Development and maintenance of physical fitness through sport

Awareness programmes
Suicide Prevention
HIV/AIDS Awareness and Prevention Program and development of support groups
Sexual Harassment

500 additional personnel members are to be employed in the EAP environment to increase our capacity for support programmes.

Other Priority programmes

Women Empowerment
Gender Structures
Allocation of R 3 million by SAPS Transformation Committee
Train-the-trainer program by Labour Relations Section
SAPS Structures that handle sexual offences:

EAP: Helping Professions
Equity Section
Disciplinary Section

Partnerships

Office on the Status of Women

Commission on Gender Equality

Government departments such as Health, Social
Development and Justice

Organized Labour Unions

Non-governmental organizations such as NICRO, WAWA (Women Against Women Abuse) and POWA (People Opposing Women Abuse)

Domestic Violence

Introduction:
The SAPS is one of the departments responsible for the implementation of the Domestic Violence Act of 1998. Programmes to support victims and deal with cases of Domestic Violence are extremely important as early intervention into the cycle of Violence that often starts at home. Domestic Violence incidents that are reported provides an opportunity to intervene in the following ways:
Arrest and protection (e.g. seizure of firearms) during incident
Discretion to arrest where there is imminent harm
Victim support and referral for further support and counseling
Response to a reported incident of domestic violence has far-reaching impact – not just on the case being reported.

Partnerships with other departments and stakeholders and community support are essential for the implementation of the Act and rendering services to victims. One example of this is the Directories of Services for Victims of Domestic Violence, produced 1999 by the Department of Social Development and available from Police Stations.

Domestic Violence incidents are dealt with at station level in all police stations, and not only by specialized units. Initiatives to improve the capacity of the SAPS at station level will therefore impact on our capacity to deal with Domestic Violence incidents.

Domestic Violence initiatives in the SAPS
The need for training and building capacity to implement the Act remains a priority, and is supported by findings of institutions that monitor the implementation of the Act, including the ICD.

The SAPS will continue training members through its decentralized training capacity and also in basic training, basic detective training, and crime prevention training and training for certain specialized services like the FCS Units. Training is also an interdepartmental priority and an integrated training programme has been developed that is due for testing in 2002. Expected outcomes of the interdepartmental training programme include an in-depth understanding of social context of domestic violence and improved referrals and co-operation between departments.

Training must be supported by internal and external communication and linked to monitoring and complaints. The involvement of community structures like Community Police Forums to assist in the monitoring of Domestic Violence initiatives is currently being considered.

There is also an ongoing need for public education to inform communities about the rights of victims and responsibilities of services provides. Targeted involvement of youth and men in public education programmes is essential.

Domestic Violence statistics

The SAPS must, in terms of the Act and SAPS National Instruction, record all incidents of domestic violence in a register. This is currently still a manual system (SAP 508). However criminal cases that opened against an alleged abuser can be recorded on the SAPS CAS system since June 2001.

The SAPS must report to Parliament every six months on the number of complaints against police officers (for non-compliance with the National Instruction on Domestic Violence). The fourth report in this regard is ready for submission. Complaints against members have been very low and may indicate a need to inform the public of the complaints mechanism. This is being addressed as part on an improved monitoring programme. Although still very low as a proportion of the criminal cases opened, the number of complaints have risen significantly since the previous reporting period and this may be a result of improved communication and public education efforts.

Statistics from reporting period June 2001 to November 2001
Number of criminal cases reported: 21 342
Number of complaints against police officers: 39
Number of members trained: 5500

Statistics from reporting period December 2000 to May 2001
Number of complaints against police officers: 15
Number of criminal cases reported: 7302 (only for April 2001 and May 2001)
Number of members trained: 1762
Although all members were trained prior to the implementation of the Act, training was continued following the implementation of the Act at the end of 1999. The total number of members trained following the implementation of the Act, between is now 26 624.

Conclusion

A presentation will be made to the Public Hearings on 11 March 2002 that will address these and other aspects as requested in the invitation from the Chairperson of the Task Group on Sexual Abuse of Children.