Parliament’s Portfolio Committee on Police says it is extremely dismayed by the South African Police Service’s (SAPS’s) level of non-compliance with prescripts of the Domestic Violence Act after receiving a briefing from the Civilian Secretariat for Police on compliance with the Domestic Violence Act and the Police Station Census.

“It is disheartening that in a country that is struggling with alarming levels of gender-based violence and femicide there remains high levels of non-compliance with provisions of the Domestic Violence Act. Among other non-compliance items include failure to adequately complete incidents in the Domestic Violence Register, failure to assist a complainant to open a case, failure to serve a protection order and render a satisfactory service to the victim,” said Ian Cameron, the Chairperson of the committee.

The committee was informed that between October 2023 to March 2024, 59 cases of non-compliance were reported, with Free State reporting 23 cases, Western Cape 20 cases, North West 15 cases and Gauteng one case.

“While the committee acknowledges that remedial actions have been taken against officers for non-compliance, it urged the SAPS to enhance training to ensure that their officers are able to render quality services to victims of domestic violence. Also, the inability to render efficient service has a direct impact on the trust levels victims have in police, which has a direct impact on the willingness to report cases of domestic violence,” the Committee said in a statement on 30 October.

Despite this, the committee said it is concerned that there are still police stations without victim-friendly rooms that facilitate a safe space to report cases of domestic violence. While the committee noted that 97.31% of police stations had designated interviewing rooms, “the fact that 2.68% stations did not have victim-friendly rooms is concerning and requires immediate action from the SAPS and sister departments”.

“It is unacceptable that some of the reasons highlighted include lack of knowledge and understanding and shortage of personnel,” Cameron emphasised.

The committee is of the view that the non-compliance is indicative of weak leadership within the SAPS. “The continued non-compliance with Domestic Violence Act provisions underlines the need for an urgent skills audit at senior management levels of the SAPS, which the committee considers as one of the main weaknesses within the service,” Cameron said.

Meanwhile, the committee noted with concern that 101 SAPS officers have been reported as victims of domestic violence and 191 SAPS officer were perpetrators of domestic violence. The committee emphasised the need for wellness support for members of the SAPS, as this will unlock coping mechanisms for officers.

“Employee health and wellness for SAPS members has been identified as a critical area of oversight for the committee and as such urged the SAPS management to prioritise capacitation of Employee health and wellness initiatives to ensure that all members of SAPS have access to and receive psychosocial support, especially in the context of the suicide rate among SAPS members,” Cameron said.

The committee has resolved that there is a need for a comprehensive engagement with the SAPS aimed at finding solutions to the current challenge with non-compliance with Domestic Violence Act provisions.

Civil rights organisation Action Society echoed the Police Committee’s concerns, noting protection orders not being served and arrests and convictions in cases of GBV dwindling.

“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,” said 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 23 375 reported cases). In each province, the conviction rate was under 20%, and some including KZN and Gauteng were below 10%,” Action Society stated.

In terms of general compliance, none of the 1156 stations were fully compliant and things are getting worse, Action Society said. 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.