Aluta continua: Accountability and the Domestic Violence Act, 116 of 1998
Keywords:Domestic Violence Act, police accountability, domestic violence, Independent Complaints Directorate, Civilian Secretariat for Police
In 1998, in an attempt to undo the long-standing neglect of domestic violence, legislators placed a set of duties on the police in relation to domestic violence and coupled these with a unique system of accountability relations and practices. This articles examines the effect of these in three ways:review both of complaints of misconduct, as well as the station audits conducted in terms of the Domestic Violence Act's prescripts, and analysis of the workings of the Act's accountability mechanisms over time. This shows the Act's system of accountability to have had some success in making domestic violence a policing priority. But this has taken a number of years of interaction across the domains of the political, legal, bureaucratic and the social to accomplish. On this account accountability reveals itself to be a contingent outcome and practice that also takes different forms at different times. It also remains an ambivalent undertaking in relation to domestic violence. While answers may be demanded of the police, oversight of these responses is lodged with an agency possessing limited capacity and weak institutional authority.
I Olckers, Safety and Security, Justice and Correctional Services, in D Budlender (ed), The Second Women’s Budget, Cape Town: IDASA, 1997, 131.
D Kaminer, A Grimsrud, L Myer, DJ Stein, and DR Williams, Risk for post-traumatic stress disorder associated with different forms of interpersonal violence in South Africa, Social Science and Medicine 67 (2008), 1589 – 1595.
N Abrahams, S Mathews, LJ Martin, C Lombard and R Jewkes, Intimate Partner Femicide in South Africa in 1999 and 2009, PLoS Medicine 10(4) (2013), 1-8.
M Bovens, Two Concepts of Accountability: Accountability as a Virtue and as a Mechanism, West European Politics 33(5) (2010), 946-967.
A Goetz, Women’s Political Effectiveness: A Conceptual Framework, in AM Goetz and S Hassim (eds), No Shortcuts to Power, London: Zed Books Ltd, 2003.
A Goetz and R Jenkins, Hybrid Forms of Accountability: Citizen engagement in institutions of public-sector oversight in India, Public Management Review 3(3) (2001), 363-383.
Domestic Violence Act 1998 (Act 116 of 1998)
Independent Complaints Directorate, Domestic violence report July to December 2010, Report to parliament, n.d., 4.
J Burger and C Adonis, South African Police Services’ (SAPS) Compliance with Recommendations by the Independent Complaints Directorate, Research report compiled by the Independent Complaints Directorate and Institute for Security Studies, 2007.
South African Police Service Act 1995 (Act 68 of 1995)
Independent Police Investigative Directorate, Annual Report for 2015/16, Pretoria: Independent Police Investigative Directorate, 2016, 58
Civilian Secretariat for Police Service Act 2011 (Act 2 of 2011)
Department of Justice and Constitutional Development, Annual Report 2015/16, Pretoria: Department of Justice and Constitutional Development, 2016.
L Vetten, F van Jaarsveld, P Riba and L Makhunga, Implementing the Domestic Violence Act in Acornhoek, Mpumalanga, Tshwaranang Legal Advocacy Centre, Research Brief no 2, 2009
Khayelitsha Commission of Inquiry into Allegations of Police Inefficiency and a Breakdown in Relations between SAPS and the Community of Khayelisha, Towards a Safer Khayelitsha, Cape Town: Khayelitsha Commission of Inquiry, 2014.
Independent Complaints Directorate (n.d), A study of the factors contributing to the SAPS non-compliance with the Domestic Violence Act http://www.gov.za/sites/www.gov.za/files/ICD_DVA%20Non-Compliance%20Report%202009_26062009.pdf (accessed 9 January 2016). Independent Complaints Directorate
Civilian Secretariat for Police, Report on the Implementation of the Domestic Violence Act 01 April – September 2012, Report prepared by Civilian Secretariat for Police, 2012
Civilian Secretariat for Police, DVA Monitoring Report Second Bi Annual Report, Report prepared by Civilian Secretariat for Police, 2013a
Civilian Secretariat for Police, DVA Monitoring Report: No 3, Report prepared by Civilian Secretariat for Police, 2013b.
Parliamentary Monitoring Group, Domestic Violence Act implementation: six-month report by Secretariat on Police and SAPS, minutes for meeting on 13 May 2013 http://www.pmg.org.za/report/20130514-domestic-violence-act-implementation-six-month-report-secretariat-police-and-saps (accessed 9 January 2017). Police Portfolio committee
Parliamentary Monitoring Group, Domestic Violence Act implementation: SAPS, CSP & IPID report; SAPS provincial commissioner apology; National Commissioner alleged SMS to MP, minutes for meeting on 18 August 2015, https://pmg.org.za/committee-meeting/21337/ (accessed 9 January 2017). Portfolio Committee for Police.
South African Police Service, Annual Report 2015/16, Pretoria: South African Police Service, 2016.
DVA Presentation to the Portfolio Committee On Police: Key Trends 2016 (20 September 2016) https://pmg.org.za/committee-meeting/23300/
Government Gazette, 11 November 2016, Civilian Secretariat for Police Service Act (2/2011): Civilian Secretariat for Police Service Regulations, 2016. Vol 4014, 18 – 62.
Independent Complaints Directorate, Domestic Violence Report July to December 2010, Pretoria: Independent Complaints Directorate, 2011.
Independent Complaints Directorate, Femicide: A case study on members of the South African Police Service, 2009, http://www.ipid.gov.za/documents/report_released/research_reports/Femicide%20Report.pdf (accessed 9 January 2017).
Auditor-General South Africa, Report of the Auditor-General on a performance audit of service delivery at police stations and 10111 call centres at the South African Police Service, 2009 http://www.agsa.co.za/Reports%20Documents/89380_Delivery%20at%20Police%20Stations.pdf (accessed 9 January 2017). Auditor-General South Africa.
Parliamentary Monitoring Group, Domestic Violence Act reports: CSP briefing; CSP Jan-Jun 2016 performance & CSP/IPID Consultative Forum, minutes for meeting on 20 September 2016, https://pmg.org.za/committee-meeting/23300/ (accessed 9 January 2017). Portfolio Committee for Police
Parliamentary Monitoring Group, Domestic Violence Act; Firearms Control Act; Civilian Secretariat Act: implementation; Civilian Secretariat performance: Mid-Year Review, minutes for meeting on 5 November 2014, https://pmg.org.za/committee-meeting/17830/ (accessed 9 January 2017). Portfolio Committee for Police
Parliamentary Monitoring Group, Civilian Secretariat for Police on DVA reports; National & Provincial Community Police Boards on its establishment, mandate & activities, minutes for meeting on 27 May 2015 https://pmg.org.za/committee-meeting/20966/ (accessed 9 January 2017). Portfolio Committee for Police
Independent Complaints Directorate, Domestic Violence Report to the Parliament, March 2001.
L Vetten, Deserving and Undeserving Women: A case study of policy and legislation addressing domestic violence, Unpublished Master’s dissertation, University of the Witwatersrand, 2013.
Parliamentary Monitoring Group, Domestic Violence Report & SAPS Annual Report 2006/7 by National Commissioner, minutes for meeting on 31 October 2007, http://www.pmg.org.za/minutes/20071030-domestic-violence-report-saps-annual-report-20067-national-commissioner (accessed 9 January 2017). Safety and Security Portfolio Committee
Parliamentary Monitoring Group, Domestic Violence Act Report July to December 2007: Independent Complaints Directorate briefing & ICD Oversight Report: adoption, minutes for meeting on 18 June 2008, http://www.pmg.org.za/report/20080618-domestic-violence-act-report-july-december-2007-independent-complaint (accessed 9 January 2017). Safety and Security Portfolio Committee
Minister of Safety and Security and Others v WH (2009) (4) SA 213 (E)
Parliament of the Republic of South Africa. (2010). 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, in Announcements, Tablings and Committee Reports No 131-2010, 3058-3079. http://parliament.gov.za/live/commonrepository/Processed/20110927/300226_1.pdf (accessed 9 January 2017).
Parliamentary Monitoring Group, Domestic Violence Act: implementation, recent research and experience of service delivery: six monthly report, minutes for meeting on 22 August 2011 http://www.pmg.org.za/report/20110823-independent-police-investigative-directorate-ipid-six-monthly-domesti (accessed 9 January 2017). Portfolio Committee for Police
SAPS Strategic Management, Annual Performance Plan 2013/2014, Pretoria: SAPS, 2013.
MV Phiyega, Policing the Domestic Violence Act, 1998 (Act No. 116 of 1998): Improving Service Delivery to Victims of Crime: South African Police Service, SAPS circular dated 15 June 2013 in the possession of the author.
Naeema Abrahams, Medical Research Council, Cape Town, personal communication, 1 September 2014.
K Van Schie, I killed myself with my kids, IOL Mobile, 28 June 2010, http://m.iol.co.za/article/view/s/11/a/12652 (accessed 5 October 2014).
G Hosken, Stabbed 17 times after cops failed her, Independent Online, 26 January 2012, http://www.iol.co.za/news/crime-courts/stabbed-17-times-after-cops-failed-her-1.1220591?ot=inmsa.ArticlePrintPageLayout.ot (accessed 9 January 2017).
Sushila Dhever, Fasken Martineau, Johannesburg, personal communication, 17 October 2016.
S v Bennie Adams (SS 69/2015)
Minister of Safety and Security and Others v WH (2009) (4) SA 213 (E)
Minister of Safety and Security v Venter (570/09  ZASCA 42).
Naidoo v Minister of Police (20431/2014)  ZASCA 152
B Stanko, Managing Performance in the Policing of Domestic Violence, Policing 2(3) (2008), 294-302.
C Stone, Tracing police accountability in theory and practice: From Philadelphia to Abuja and Sao Paulo, Theoretical Criminology 11(2) (2007), 245 – 259
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