Report of the Portfolio Committee and Select Committee on Women, Youth, Children and People with Disabilities: Public hearings on the implementation of the Domestic Violence Act, 116 of 1998, dated 17 February 2010

The committee, having considered oral and written submissions, reports as follows:

1. Introduction

The Portfolio and Select Committees on Women, Youth, Children and People with Disabilities conducted public hearings on the 11 year implementation of the Domestic Violence Act (DVA), No 116 of 1998 on the 28 and 29 October 2009.

2. Objectives

The objectives of the public hearings were to:

Investigate the incidence of human rights violations with respect to violence and abuse.
Establish whether the Domestic Violence Act has been effectively implemented.
Identify key challenges with respect to the implementation of the Domestic Violence Act.
Understand shortcomings in government’s response to domestic violence.
Identify best practices models that can be scaled up to mitigate domestic violence.
Make findings and recommendations – identify short, medium and long term solutions and action required by Parliament and the Executive.
Ascertain the impact of the Domestic Violence Act on people, particularly women, youth, children and persons with disabilities.

3. Delegation

The delegation consisted of members of the Portfolio Committee on Women, Youth, Children and People with Disabilities from the National Assembly and the Select Committee on Women, Children and People with Disabilities from the National Council of Provinces.

National Assembly

African National Congress (ANC)

Mr DC Kekana

Ms NM Madlala

Ms P Petersen – Maduna

Ms HH Malgas

Ms DM Ramodibe

Mr GJ Selau

Ms B Thompson

Ms GK Tseke

Democratic Alliance (DA)

Ms PC Duncan

Ms D Robinson

Congress of the People (COPE)

Ms SP Rwexana

Inkatha Freedom Front (IFP)

Ms SP Lebenya

Ms HN Makhuba

United Christian Democratic Party (UCDP)

Ms IC Ditshetelo

National Council of Provinces

Eastern Cape

Ms AND Qikani

Free State

Mr DA Worth

KwaZulu – Natal

Prince MMM Zulu

Mpumalanga

Ms MP Temba

Northern Cape

Mr GG Mokgoro

Limpopo

Mr TA Mashamaite

Gauteng

Ms BP Mabe

Departments in attendance

Department of Police, Department of Social Development, Department of Health, Department of Women, Children and Persons with Disabilities, Department of Justice and Constitutional Development.

The following provinces were represented:

Limpopo, Mpumalanga, Gauteng

The committee received 39 submissions from the public including the following organisations and individuals who requested to make oral submissions.

NAME/ORGANISATION	WRITTEN/ORAL
1. Molo Songololo	Oral
2. MM	Written
3. Southern African Catholic Bishops’ Conference (SACBC) - Parliamentary Liaison Officer	Oral
4. DG (Lecturer: Criminology and Security Science)	Written
5. Ms CW (NGO: Advice Desk for the Abused)	Oral
6. SD	Oral
7. Restorative Justice Centre	Oral
8. Project Abroad Human Rights Office	Oral
9. Tshwaranang Legal Advocacy Centre	Oral
10. National Institute for Crime Prevention and Reintegration of Offender (NICRO)	Oral
11. Resources Aimed at the Prevention of Child Abuse and Neglect (RAPCAN)	Oral
12. Rural Education Awareness and Community Health (REACH)	Oral
13. Cape Law Society	Oral
14. Commission for Gender Equality	Oral
15. Red Cross Children’s Hospital	Oral
16. SG	Written
17. Child Welfare	Oral
18. Childline	Oral
19. Centre for the study of violence and reconciliation (CSVR)	Oral
20. Khulisa Crime Prevention Initiatives	Written
21. Thohoyandou Victim Empowerment Programme	Oral
22. Catholic Commission of Justice and Peace	Written
23. Mrs Msomi (Pietermaritzburg)	Oral (individual)
24. South African National Civic Organisation (SANCO)	Oral
25. Women of Farms Project	Oral
26. AG (Research Office: UCT)	Oral (individual)
27. Ms UP	Oral (individual)
28. Ms QS	Oral (individual)
29. Western Cape Network on Disability and Women of Action	Oral
30. Disabled People of South Africa	Oral
31. Gender Advocacy Programme (GAP)	Oral
32. Legal Resource Centre and People Opposing Women Abuse (POWA)	Oral
33. Mosaic	Oral
34. Ms JG	Oral
35. Gun Free Society	Oral
36. Western Cape Network against violence against women	Written
37. Ms EP	Oral
38. South African Human Rights Commission	Oral
39. Women’s Legal Centre	Oral

4. FINDINGS

The committee made the following observations:

4.1 GENERAL

In the absence of a costing framework of the DVA, service delivery was severely impeded, hence resulting in the poor implementation of the Act.
Gender-based violence disproportionately affects women and children. Notwithstanding this, the committee acknowledges that based on the submissions received, persons with disabilities, women and children living on farms, in rural areas and impoverished environments were considerably less likely to have access to effective help. As a result, they may have to endure violent and abusive relationships for longer and thus experience more serious long-term, consequences than those with better access to help and resources.
Patriarchal attitudes and differential power dynamics were at the heart of domestic violence.
Many victims of domestic violence were unaware that their rights were violated and even when they knew, struggled to access the appropriate support services.

Lack of co-ordination

It was noted in several submissions that there was an over-emphasis on criminal justice measures to deal with domestic violence and an under-development of violence prevention measures.
There was no overarching framework and implementation strategy to deal with domestic violence holistically.

It was noted that collaboration and communication between the different departments involved in providing services to victims of domestic violence was severely lacking, which resulted in the absence of a holistic vision of service intervention.

Resourcing

A number of submissions highlighted the inadequate nature of the resources available to combat the scourge of domestic violence. Current departmental budgets were not gender responsive, nor did they take into consideration the needs of youth and persons with disabilities. This brings into question how women, children, youth and persons with disabilities were prioritised in departmental spending.

Lack of reliable data

It was highlighted that there was a lack of credible administrative data and related indicators to effectively monitor and evaluate whether government’s existing programmes were addressing the needs of victims and perpetrators of domestic violence.
In addition to a lack of data, available statistics to effectively monitor and evaluate domestic violence trends were not disaggregated or reported on timeously.
Existing information systems between various departments on domestic violence was not compatible.
There was no integrated information system to track trends in domestic violence and determine whether the targets set for reducing its incidence and rendering the required programmes in a holistic manner was achieved. It was also not clear what the targets were for reducing the incidents of domestic violence in the country.

Faith-based sector

The faith-based sector was identified as a key role player in providing support and assistance to victims of domestic violence as religious leaders were often contacted initially for advice. However, presenters at the public hearings were concerned that religious leaders did not always provide the help victims sought and, at times, subjected the victim to secondary abuse.

4.2 PEACE AND SECURITY CLUSTER

Department of Police

Numerous reports of non-compliance by members of the police with provisions of the Domestic Violence Act were made by presenters. These included:

Non-compliance

It was noted that there appeared to be a disincentive by police officers to record incidents of domestic violence, abuse or rape, as this would negatively affect their target of reducing contact crimes between 7 - 10% annually. Hence, incidents of rape were often reported as a common assault or turned away, with the same practice being adopted in abuse cases.
Firearms were not always confiscated after being used to threaten victims and the license of the alleged perpetrator suspended.
The safety of persons who had obtained protection orders were being compromised by some police officials’ unwillingness to arrest perpetrators who violated the protection order.
The behaviour of police officials dealing with victims of domestic violence were reported as being demeaning and discriminatory. Police officials discouraged women from taking action. Police officers also often did not inform victims about accessing a protection order or laying a criminal charge. Submissions by individuals working on farms indicated that particularly in the case of farm workers, police responded by saying that they were 'drunk' farm women and did not attend to their cases. Numerous incidents were reported citing the appalling attitude of police officials who often subject victims to secondary abuse.
Numerous concerns arose regarding protection orders as it relates to ensuring the safety of persons requesting protection orders, the reluctance and often refusal of police officers to serve the order, or to arrest the perpetrator who has violated the protection order.
It was also highlighted that risk assessment needs to be prioritised, so as to make victim safety a priority. This becomes especially important when victims are told to return the next day, resulting in cases where women did not return to file charges.

Lack of resources

· The lack of resources was noted as an impediment that compromised on the ability of the police to act in accordance with the provisions of the Act. There have, for example, been instances where the police have claimed that they had no vehicles available and situations where the areas from which victims call were not in their jurisdiction, particularly in rural areas. Hence the service was not rendered.

Servicing of protection orders

Protection orders often did not serve the purpose they are intended for in that they were not adequately enforced and the victim continued to suffer abuse despite the serving of the protection order.
The cost implications for serving a protection order were not applied uniformly across the country.
Some police officers were reluctant to serve protection orders and in some instances even refused to do so. The undue delay in serving a protection order on an assailant placed the victim in grave danger.

Training

There was insufficient training of SAPS officials to deal with victims of domestic violence. In addition, once-off training was inadequate to ensure officials were equipped to deal with matters related to domestic violence.
Some training of police officials has taken place. However, given the reports of negative attitudes by some police officials, there was a need to review existing training modules and monitor and evaluate their application. The monitoring and evaluation of whether officials require training, at what level, as well as if officials were implementing what they know required serious attention.
It was also highlighted that there was a need to debrief police officials who consistently deal with issues of domestic violence to enable them to cope with their exposure to trauma and remain sensitive to the issue.

Specialised units

Presenters at the public hearings welcomed the re-establishment of specialised units such as the Family Violence Child Protection Unit and Sexual Offences Units (FCS). More clarity was sought as to when and how these units would be introduced, including the provision of adequate resources to these structures. The mandate of these units in relation to domestic violence had been very limited in the past so it was also necessary to clarify their mandate around such cases in future.

Victim Empowerment Programme

Many police stations lack facilities for private consultation due to the absence of trauma rooms or Thuthuzela Centres. As a result, such victims often had to provide statements in environments that were not conducive to confidentiality or safety.
In some instances, lay counsellors assigned to trauma rooms were ill equipped to deal with the counselling needs of victims of domestic violence. The training of these volunteer counsellors was not monitored and/or evaluated. There was also often inadequate supervision of volunteers, as well as a high turnover of volunteers at police stations and trauma rooms.
It also appeared that there was a lack of interdepartmental collaboration between all role players responsible for victim empowerment.
Batho Pele principles were not being applied and the attitude of officials often deterred victims from laying a charge or seeking a protection order.

Record-keeping

Domestic violence should be recognised as a reportable category of crime. It was noted that there appeared to be a disincentive by police officers to record incidents of domestic violence, abuse and rape as this would negatively affect their overall performance rating.
In addition, it was also highlighted that domestic violence registers were not being maintained in the manner required.

Community Police Forums

Community Police Forums did not appear to be dealing with domestic violence. These forums were seen as often being politicised and their effectiveness varied across the country.

Department of Justice and Constitutional Development

Accessibility

For persons with disabilities, access to the criminal justice system remains a problem. An example cited was that localised sign language was not being used within courts, making communication and interpretation difficult.
Courts and police officials needed to become more available in terms of their operating hours. Court services in particular were not available after hours in many areas resulting in limited access, as well as loss of wages for farm women, shift workers and casual employees who have to take time off work to access court.
Victims of domestic violence were subjected to secondary victimisation within the judicial process.
Many court officials were ill-equipped to deal with matters related to domestic violence.
Availability of magistrates after hours was problematic.

Secondary victimisation

Victims of domestic violence were subject to secondary victimisation by court officials and undue delay in court processes.
In many instances, victims were not granted a protection order but requested to return with sufficient evidence or a notice to show cause for a protection order to be granted. This often resulted in women having to return home to the perpetrator without any protection. Victims, who have already suffered trauma, were therefore additionally victimised by the institution whose protection they sought. In addition, the court may also allow the alleged perpetrator to provide a notice to show cause for why a protection order should not be issued.
It was noted that there was a lack of privacy in court when dealing with domestic violence cases. Although sensitive, these proceedings were often open to the public.

Specialisation

There was a lack of a child-centred approach in matters related to court processes and children as victims of domestic violence e.g. postponement of cases and long waiting periods, as well as attitudes of court officials which impact negatively on the child.

Co-ordination

Domestic violence was often inter-related with divorce and maintenance matters. Thus, many cases were a combination of criminal and civil matters. However, according to the submissions, many victims of domestic violence report having to engage with the judicial system at multiple points which was costly, confusing and inefficient. Individual cases were not dealt with holistically, which leaves the victim to seek services from multiple points, rather than having all matters dealt with in one place.

4.3 SOCIAL SERVICES CLUSTER

Department of Social Development

Psycho-social support

· The current provision of psycho-social services to victims of domestic violence by government was inadequate. Most victims received support from non-governmental organisations that were battling to survive financially and still render a service.

· Government psycho-social interventions were rendered from a purely bio-medical perspective as opposed to a developmental and community-based approach that included psycho-social rehabilitation. Where medical intervention was provided, it was often provided initially with little or no follow-through for the victim after a J88 form had been completed.

Overall, there was insufficient attention to ensuring the safety of children, as well as addressing their specific needs which arose from either witnessing domestic violence or being victims of domestic violence.
It was also highlighted that services were not reaching children. Government social workers did not always visit children in their homes, and as such, children had to go to their offices which impeded access.
In many instances, psycho-social services were only offered to the domestic violence victim, thus ignoring the possible needs of other family members such as children, grandparents etc who had witnessed the violence.
The extent and range of psycho-social services offered was limited, for example, there were few support groups for victims of domestic violence.

Shelters

It was highlighted that there was a severe shortage of shelters for women, particularly in rural areas. It was not evident if any measures were in place to address the shortage.
In addition, the limited access to emergency shelters for victims of domestic violence required urgent attention.

Poor co-ordination

There was a lack of synergy between the different programmes within the Department of Social Development. As such, a victim of domestic violence was often not assessed for social security benefits.

Social security

It was noted that in many instances, persons with severe mental illness struggle to access disability grants, and that the South African Social Security Agency must ensure measures to make these services accessible.

Victim Empowerment Programme

· The Victim Empowerment Programme had failed many victims of domestic violence, largely due to the inadequate allocation of resources to implement the programme, as well as the Minimum Standards for Service Delivery in Victim Empowerment.

· The lack of guidelines for the Victim Empowerment Programme (VEP) severely impedes service delivery.

Lack of human resources

The high case load of social workers had a direct bearing on whether a victim will indeed access a service. There appeared to be an over-reliance on social workers and a lack of a multi-disciplinary team to address domestic violence. Apart from social workers, it was not clear what other cadres of professionals, if any, were employed as part of a multi-disciplinary team to deal with domestic violence in terms of rendering psycho-social interventions.

Department of Health

· Forensic specialists were a scarce resource, which directly impacts on the ability to provide medico-legal services to victims of domestic violence.

· It was highlighted that there appeared to be little or no follow-up of victims of domestic violence after they initially visit a health facility.

· Health care professionals had been reported to subject victims of domestic violence to secondary victimisation and were often not held accountable for this.

· Many health care professionals did not know about the Domestic Violence Act.

There was a need for holistic care provisions to victims of domestic violence, particularly in relation to psycho-social trauma.

Department of Human Settlements

It was noted that the marital status of the domestic violence victim/survivor should not hinder access to government services, such as housing. It was reported that in many instances, women who had RDP houses were not eligible for additional or new houses as records indicated that they had already received housing, despite the fact that the perpetrator was occupying the house or that they had separated or divorced.
There was therefore an urgent need to respond to secondary housing for victims of domestic violence.
In addition to the need for more shelters, there was also no policy that made provision for women who exit shelters to access housing.

4.4 GOVERNANCE CLUSTER

Department of Women, Children and Persons with Disabilities

· At present, there was no overarching National Strategic Policy Framework to combat domestic violence, resulting in a lack of synergy between departments. The new department which is responsible for the needs of socially vulnerable groups is well placed to take leadership in the development of a National Strategic Policy Framework.

· In addition, the department must outline specific programmes to address high levels of violence against women, children and persons with disabilities, and to ensure that these programmes are adequately costed and resourced.

· The department must work collaboratively with other departments to ensure implementation of the Domestic Violence Act. It must also ensure the inclusion of organisations addressing domestic violence in the planning of the National Strategic Policy Framework.

National Planning Commission & Monitoring and Evaluation

As the primary bodies responsible for planning, monitoring and evaluation, it was imperative that these two bodies are included in the development of a National Strategic Policy Framework for domestic violence
Monitoring and evaluation was important for oversight in terms of implementation of the DVA, as well as holding service providers to account for the effective implementation of the DVA.

Commission for Gender Equality

The role of the Commission of Gender Equality must be strengthened and closely monitored as an organ of the state and a key role player of the gender machinery established to address gender discrimination.

5. RECOMMENDATIONS

The committee made the following recommendations:

5.1 Legislative amendments

It was recommended that certain sections of the Domestic Violence Act should be amended to effect changes that best speak to the needs of victims of domestic violence.

Amendments to the Domestic Violence Act (DVA)

The discretionary powers of police officials in effecting arrests on perpetrators of domestic violence is highly problematic and highlights the gaps that exist in the combating of crimes of domestic violence. In certain circumstances, police officials were not obligated to arrest suspected perpetrators of domestic violence where suspicion existed of continued abuse of a spouse or intimate partner. It was therefore recommended that the DVA should be amended in order to remove the discretionary powers of police officials in matters relating to domestic violence. In particular, it was recommended that section 3 of the DVA should be amended by replacing the phrase “may arrest” with the phrase “must arrest” in order to ensure that victims of domestic violence were protected against retaliation from or by the abuser.

One of the critical areas in terms of legislative amendments deals with the issue of imminent harm as described in section 8(4)(b) of the DVA. The section speaks to a situation where the police officer, on reasonable grounds, suspects that the complainant may suffer imminent harm as a result of an alleged breach of the protection order, that police officer must arrest the respondent. The notion of imminent harm is not clearly enough dealt with in the DVA. It therefore raises questions around whether a police officer should arrest a respondent for having verbally abused his or her partner. In this regard, it was recommended that clarity should be given to what exactly was meant by ‘imminent harm’ by either a legislative amendment or through the establishment of guidelines through the inclusion of further regulations.

The criminalisation of domestic violence was a proposal that emerged at the public hearings and requires vigorous debate to determine the feasibility of such an amendment to the Act.

The lack of a provision within the DVA in terms of the co-ordination of services between various role players severely impedes service delivery. As such an amendment should be considered in this regard.

Domestic Partnerships Legislation

In terms of domestic partnerships, the DVA is under-utilised by women who cohabit with their partners. It is critical to ensure that legislation is enacted that recognises domestic partnerships and in so doing, grants them legitimacy and entitlements. Currently, women who cohabit, on the dissolution of their relationship, are entitled to nothing but that which they brought to the relationship. They have no legal claim to property or any other assets to whose purchase they have contributed. This group of abused women thus lose substantially and materially when their relationships end.

Costing of DVA

It would be imperative that the proposed new provisions of the Act were costed along with the existing sections to ensure that adequate resources were allocated for its implementation. Clear time frames need to be established as to by when the costing will be completed.

General Recommendations

With the exercise of parliamentary authority and oversight over the executive, the review of the implementation of legislation was constitutionally mandated. However, where an Act contains regulations for the implementation of the legislation, the powers of the legislature were considerably hampered as those regulatory powers were conferred on the Minister in whose department that legislation falls. However, it was critical to note that parliament still conducts oversight over the performance of the Minister and as such can hold the Minister concerned accountable. It was therefore necessary that where legislation deals with domestic violence, that the development of regulations to such legislation does not fall within the exclusive jurisdiction of the executive authority alone, but was also subject to legislative scrutiny.

Firearm Control

In terms of the Firearms Control Act, No 60 of 2000, it was recommended that a review of the training received by police officials on the DVA and Firearms Control Act (FCA) should be conducted. In this regard, it was further recommended that such a review highlight the need for improved training with disciplinary consequences for police officers not knowing of, or complying with, the National Instruction on Domestic Violence.

In terms of the seizure of firearms and other weapons used in the perpetration of acts of domestic violence, it was essential that police question witnesses at the scene of a domestic violence incident, search for a firearm and remove it, regardless of the state of the alleged abuser or alleged threats with a firearm.

The safety of victims of domestic violence during the period between the granting of an interim protection order, and the approval of a final protection order in terms of the firearms control legislation had also been brought into question. It remained critical that guidelines should be drafted in order to strengthen the protections afforded to victims of domestic violence by the interim order. These proposed guidelines should focus on the protection of the victim and in particular seek to:

Introduce more rigorous questions relating to the presence of weapons in the communal home, whether these firearms are the property and or registered to the victim or the perpetrator.
The transferring of the onus for the request to remove firearms from the communal home from the applicant to the presiding officer.
Providing for clarity, making it clearer that the firearm must be removed immediately and not only on the return date when the protection order is made final.

The Independent Complaints Directorate (ICD)

In terms of oversight over the conduct of the South African Police Service (SAPS), the Independent Complaints Directorate was tasked with reviewing allegations of abuse of police power, particularly where it pertains to situations of domestic violence. However, it has been reported that the South African Police Service Act, No. 68 of 1995, did not afford the ICD sufficient powers to compel the South African Police Service to comply with recommendations that have been made by the ICD. This was particularly problematic as it did not provide victims of domestic violence with sufficient recourse in instances of police misconduct. It was recommended that the South African Police Service Act should be amended in order to widen the scope of the powers and compel the SAPS to comply with recommendations made by the watchdog.

Furthermore, the ICD was currently in advanced discussions around assigning their responsibilities in terms of the DVA to the SAPS Secretariat. In this regard, it would be critical for both the portfolio and select committees to be actively involved in this process in order to ensure that weakness in the ICD are not duplicated in the SAPS Secretariat. Moreover, the committees would need to ascertain what resources the SAPS Secretariat have available to ensure effective oversight over the DVA.

Development of a Performance Monitoring Framework for Courts

As has already been noted, record-keeping at South African courts remains poor. This was further complicated insofar as domestic violence was concerned. Particular problems around the implementation and interpretation of provisions of the DVA were experienced. It was therefore necessary that a performance monitoring framework was implemented to assess the courts’ effective implementation of the Act. This would enable the authorities to:

Assess the quality and completeness of recordkeeping by the courts.
The standardisation of processes and procedures across courts including courts’ working hours and their interpretation and application of the DVA’s provisions.
Making it mandatory that all domestic violence applications be dealt with in private offices where applicants’ confidentiality may be maintained.

The committee should therefore request the Quality Assurance Division of the Magistrates Commission to outline their current procedures for monitoring court performance in relation to the DVA. It is critical that such a report to Parliament contain specifics about the availability of magistrates after hours to issue interim protection orders where they are urgently required. However, the executive authority responsible for monitoring the conduct of magistrates, the Department of Justice and Constitutional Development, should present recommendations to the committee on how monitoring could be strengthened and its findings made enforceable by courts.

Service of the Protection Orders

One of the major concerns in terms of the DVA was the servicing of protection orders on respondents. The public hearings demonstrated that that process presented a real obstacle to women’s access to the protections police officials in the service of protection orders was problematic as police officials were unwilling to serve these documents in favour of more pressing police matters. In that regard, the Department of Justice and Constitutional Development should rework Regulation 15 of the regulations to the DVA, entitled ‘Service of documents’, in order to ensure that court officials increase their use of the sheriffs and substantially reduce their use of police officials to serve orders. It was further recommended that the Department of Justice and Constitutional Development present these proposed amendments to Parliament.

The costs involved in the serving of protection orders, in certain circumstances, severely hampers the ability of victims of domestic violence to obtain protection orders. This was more so the case in rural areas where victims can ill afford the costs involved in the serving of protection orders on the respondent. The financial threshold for assistance applied in rural areas with respect to sheriff’s services should therefore be lower than those applied in urban areas. The present regulatory framework gives court officials too much discretion in the application of Regulation 15(4) of the regulations to the DVA. Regulation 15(4) states that:

“The complainant or respondent who requires a document to be served in terms of the Act or these regulations, shall be responsible for the costs of such service provided that the clerk of the court may, after consideration of such proof as he or she may require, direct that the State must be responsible for the costs of any service in terms of the Act or these regulations if he or she is satisfied that the complainant or respondent as the case may be, or both the complainant and respondent, do not have the means to pay for such costs at the time when service is required.”

The regulations must therefore also make explicit reference to the courts’ need to take payment of the sheriff’s fees into account when compiling their annual budgets.

One particular concern around the issuing and service of protection orders relates to the accessibility of protection orders to persons with disabilities, especially persons with visual impairments. It was recommended, that in cases where the need arises, protection orders should be accessible e.g. Braille.

Ensuring the Availability of Shelter and Counselling Services

The availability of shelters and counselling services to victims of domestic violence was raised as a serious concern by those who made submissions to the Portfolio and Select Committee on Women, Youth, Children and People with Disabilities. It was noted that the DVA placed no corresponding obligations on health or social service providers to make such services available. This gap weakens referral systems and contributes to fragmented responses to domestic violence by various service providers. In terms of section 19(c) of the DVA, the Minister may make regulations on “any other matter s/he deems necessary or expedient to be prescribed in order to achieve the objects of this Act.” It was therefore recommended that certain regulations governing the availability of shelter and counselling services might be necessary.

In this regard, the Department of Social Development should be consulted around the guidelines for shelters and services to victims of domestic violence. The documents must clearly articulate:

How counseling services and shelters will be funded.
The training norms and standards, as well as competencies required by those working in this field.
The management and recruitment of volunteers.
The nature of interventions required to address domestic violence.

Moreover, these documents should note and address the relationship between child abuse and intimate partner violence and describe how both children’s agencies, as well as those dealing with abused women, could address this link.

The Department of Health has health care professionals suitably trained to render counseling services, general emergency and medical care as well as a range of psycho-social services for victims of domestic violence. The DVA does not overtly state the need for health care services should be rendered to victims of domestic violence nor specify the direct role of the Department of Health hereto. Hence, a legislative amendment to this end was proposed with specifications followed up in the regulations.

Once finalised, these guidelines (in relation to counseling, shelter provision, health care) should be submitted to Parliament and gazetted as regulations in terms of section 19(1)(c). This was a particularly critical issue and needed to be ensured that it was appropriately resourced.

5.2 OVERSIGHT

General

Strategies should be developed to deal with marginalised groups most vulnerable to domestic violence that do not benefit from the Act’s protection such as children, persons with disabilities, pensioners, foreign nationals etc.

The National Youth Development Agency, the Commission for Gender Equality and the South African Human Rights Commission should report annually to Parliament on progress with respect to addressing domestic violence as per their given mandates.

· A mechanism should be devised within Parliament to ensure that the implementation of the DVA was overseen by all committees concerned namely the Portfolio Committee on Women, Youth, Children and People with Disabilities, the Select Committee on Women, Children and People with Disabilities, the Portfolio Committee on Safety and Security, the Portfolio Committee on Justice and Constitutional Development, the Portfolio Committee on Health, the Portfolio Committee on Social Development, the Portfolio Committee on Human Settlement and the Select Committee on Social Services.

· All relevant departments must report to the respective portfolio committees on an annual basis in terms of progress with respect to the DVA, as per the template in Appendix A. A scorecard related to the implementation of the DVA should be devised for monitoring and evaluation purposes.

· The Portfolio Committee on Women, Youth, Children and People with Disabilities must hold the Inter-departmental committee to account and include the National Treasury to reinforce the importance of adequately funding programmes that address domestic violence.

· It was imperative that Parliament insists on reports from the Department of Police on its compliance with the DVA and the Firearms Control Act as it relates to domestic violence.

· Parliament must request reports on the implementation of measures to ensure that all firearms are returned when staff go off duty because of the escalating domestic violence incidents resulting in family murders committed by officers (e.g. police, South African National Defence Force soldiers and private security guards) with access to legal firearms.

· Parliament should oversee that the various government departments should raise awareness around the existence of the Act and its importance to be disseminated to all sectors of society in order to effectively use and implement the DVA.

· In order for Members of the Portfolio Committee on Women, Youth, Children and People with Disabilities and the Select Committee on Women, Children and People with Disabilities to conduct effective oversight with respect to the implementation of the DVA, members require training on the implications of the DVA.

· The lack of an overarching policy framework to address domestic violence severely impedes the effectiveness of services rendered to victims of domestic violence. As such, establishing a framework for the DVA will ensure service norms and standards, training and monitoring requirements, reporting channels and the role of volunteers. The Ministry for Women, Children and Persons with Disabilities will be best suited to lead such a process for developing an overarching policy framework.

Policing

· Norms and standards regarding training for police must be developed as a matter of priority. This training framework should be included in the South African Police Services National Instructions.

· The Department of Police must amend its National Instructions to provide clear guidelines around when police officers should or should not arrest perpetrators of abuse.

· A five year plan for the effective policing of domestic violence must be developed. This plan needs to set clear goals, timelines and targets for the effective implementation of the DVA. The role of the SAPS Evaluation Service in monitoring whether these targets are being met or not should be clearly stated.

· The referral of victims of domestic violence to health care services and counselling by police officers must be closely monitored as the public hearings revealed that this was not being implemented.

· It was imperative that domestic violence registers were maintained and monitored at all police stations. To this end, the officials responsible for monitoring and maintaining the registers must be held to account.

· A mechanism should be developed to deal with withdrawals, or situations where women do not wish to lay charges but nonetheless still require help and protection.

· It was imperative that sufficient resources such as specialised personnel, forensic specialists, forensic laboratories etc. should be allocated for evidence collection.

JUDICIARY

Develop a costed policy and/or legislation around the Family Courts (and other specialised courts)

· The status and future of the Family Courts was unclear. It was recommended that a clear policy should be issued in this regard and that the blueprint should be elevated to the status of regulations. Clear timeframes and goals for the proliferation of family courts should be developed.

· Engagement with the Department of Justice and Constitutional Development with respect to strengthening revisions for specialised courts.

Develop norms and standards around training for court personnel

It is imperative that training standards and norms around the DVA should be clearly established by the Department of Justice and Constitutional Development. These should include stipulating the basic level of knowledge that magistrates, prosecutors and clerks should demonstrate before being permitted to deal with domestic violence. This training framework should also indicate the basic content of the training, as well as the minimum competence required of those who provide the training. Training should be ongoing, with follow-up courses building on previous training.
In the case of the Department of Justice and Constitutional Development, this training framework should be included in the revised regulations.
The department should assess the efficacy of training regularly and adapt the training programme where necessary.

Accessibility

It was imperative that a detailed plan should be developed that outlines how courts would be made accessible over the next five years, with specific reference to the needs of children, persons with disabilities and victims of domestic violence and sexual offences. In addition, the issue of after hour access to courts was another crucial issue requiring attention.

Sheriff’s Office

A means test must be developed that assesses on an equitable basis the cost incurred for having a protection order served by the Sheriff’s office.

SOCIAL SERVICES

Victim Empowerment Programme (VEP)

The VEP programme required review in terms of provisions and resourcing as the public hearings revealed that the programme did not serve the needs of victims it is intended for.
Neither the Victims’ Charter nor the Minimum Standards define secondary victimisation. This was problematic as many victims of domestic violence were subjected to secondary victimisation by government officials. It was imperative that this was done so that government departments had an understanding of secondary victimisation and in so doing, were in a position to prevent re-victimisation through appropriate institutional responses.
Re-assess funding criteria for VEP grants to civil society organisations. Grants should be made available to shelters given that they provide a critical service to victims of domestic violence.

· Victim Empowerment Legislation: There was a need to expedite the promulgation of appropriate legislation which was developed in close consultation with civil society.

· Greater public awareness was required in terms of the rights of victims of domestic violence and the Domestic Violence Act itself. To this end, government must allocate sufficient resources to undertake such an awareness campaign.

· Greater synergy was required between the VEP, the Victims’ Charter, the Minimum Standards for Service Delivery and the Uniform Protocol on Victim Management to ensure services were better co-ordinated. This in turn will avoid the duplication of services and the more efficient use of resources.

· The management of lay counsellors at Thuthuzela centres has not been working effectively across the country on account of the poor supervision, lack of accountability and often ill-equipped counsellors. A proposal for the establishment of Victim Advocates should be considered, whereby the role is merely to assist the victim throughout the administrative process within justice and police sector to health and social development. Hence, the counselling of victims should be left to appropriately trained professionals that are equipped to deal with domestic violence.

HEALTH SERVICES

Psycho-social support

· A review of existing services and programmes must be done to determine where services are absent or need to be up-scaled.

· An audit of government personnel rendering psycho-social support should be undertaken to determine where the skills shortages were and a plan should be devised to address the shortfall. Identify a recruitment strategy to increase the cadre of skilled personnel e.g. bursaries for psychologists, occupational therapists etc.

· A review of existing programmes was required that was focused on the rehabilitation of perpetrators to determine whether these programmes were effective and could be demonstrated to bring about change in the abusers’ behaviour. Where such programmes could be identified, their replication may be considered. To this end, such programmes must be equipped with suitably-trained personnel and adequately resourced.

It was proposed that Thuthuzela Care Centres and the services offered should be made available for victims of domestic violence and not only be limited to rape survivors.

Effective information systems

An effective systemised screening within and across government departments such as Health, Education and Police, for domestic violence against children and women was lacking. For example, a victim of domestic violence can present numerous times at a health care facility but this information maybe absent at the Department of Police if a case has not been opened. A framework for screening was required and a mechanism for locating pertinent information regarding the victim. This could be achieved by establishing databases at hospitals and schools in order to identify victims of violence. This could monitor trends and incidences of violence as it relates to particular demographics. Databases can also be used to identify and refer victims to the necessary and appropriate psychosocial services based on their specific cases.

Policy and strategy development

The Department of Health should develop a comprehensive health sector policy to deal with domestic violence. Such a policy must clearly outline the roles and responsibilities of health care workers, the training required by health workers to implement the policy, a monitoring and evaluation strategy as well as a budget to effectively implement such a policy. It would be imperative that a policy of this nature should be developed in consultation with civil society organisations rendering services to victims of domestic violence to ensure effective networking and referral between role players concerned. It is Parliament’s role to oversee that the policy is developed and implemented.
It was recommended that the Department of Health should develop a strategy to work with the Department of Police in ensuring that victims of domestic violence are taken to a medico-legal facility to have the incident reported officially. This, in turn, would require that health personnel should be adequately trained and competent in documenting the nature and extent of the injury and be able to testify in a court of law.
In the context of the HIV and AIDS pandemic, the Department of Health should develop a plan stipulating how the existing public communications campaigns will address domestic violence in the current messaging. A targeted strategy was required to deal with women in abusive relationships who had limited choices in terms of applying the Department’s current prevention strategies (abstain, be faithful, use a condom).

Human Settlement

The Department of Human Settlement was recommended to develop a policy that addresses the secondary housing needs of domestic violence victims.

6. CONCLUSION

The committees had also agreed to the following:

All individual cases from the public hearings must be followed up and that government departments would have to account in this regard in an official response in writing and through a briefing to the committee.
The names of individuals that presented at the public hearings will not be published in the committee’s report and that anonymity would be adhered to.
The report will be used as a tool to monitor government departments again in terms of implementation of the DVA. The committees will request the relevant government departments responsible for implementing the DVA to provide a written report (annually) to the committee on progress with regards to programmes implemented and services rendered in this regard as well as funding allocated hereto.
A copy of the strategic report and the committee’s report will be sent to all those participants and respective government departments.
Joint oversight with respective portfolio committees to assess the implementation of the DVA.

The committees agreed that the report should be published in the ATC and debated in the National Assembly House in 2010.

Report to be considered.