50 GBVF related cases struck off court roll due to SAPS inefficiencies

In observance of International Women’s Day today, the Minister of Community Safety, Albert Fritz, has received the Court Watching Brief (CWB) Unit’s third quarterly report for the period of 1 October – 31 December 2020 which provides insight on emerging trends related to the proliferation of Gender Based Violence and Femicide (GBVF) in the Western Cape.

During the period under review, the CWB Unit monitored 139 cases which were struck off the court roll or withdrawn due to policing inefficiencies, of which 50 were GBVF related. Of the 50 cases, the most recurring reasons for cases being struck off the court roll or withdrawn included:

• Docket not at court (30); and
• Investigation incomplete (20).

The CWB Unit aims to fulfil the Department of Community Safety’s mandate of oversight over SAPS, as prescribed by section 206 (3) of the Constitution, by visiting courts in the province and monitoring police conduct and the effectiveness. The Unit reports on matters removed from the court roll due to police inefficiencies to ensure that they are returned to the court roll and to ensure that the necessary disciplinary action is taken.

Minister Fritz said, “I wish to commend the CWB officials on their efforts to provide oversight over SAPS. During the period under review, it has been difficult for the Unit to access courts as a result of the Covid-19 pandemic, and yet they continued to conduct their essential work, focusing on identified priority police stations, serious common crimes and GBVF.”

Number of inefficiencies registered at SAPS stations in the 10 priority areas

Minister Fritz said, “It should be noted that GBVF related cases were brought to the attention of the CWB Unit outside of the ten priority areas and were monitored accordingly. Inefficiencies were additionally recorded SAPS precincts including: Parow, Samora Machel, Stellenbosch, Lingelethu West, Brackenfell, Ocean View, Riebeeck West, Klapmuts, Kleinvlei, among others. Inefficiencies were further found in cases related to contraventions of protection orders, statutory rape and sexual assault.”

Minister Fritz added, “It is most concerning that the majority of the inefficiencies related to rape cases were reported in Khayelitsha. Of those rape cases monitored, cases were struck off the court roll or withdrawn because of investigations being incomplete (1) or dockets was not at court (6).”

Emerging trends related to GBVF

More recently, the CWB Unit conducted a smaller scale analysis of 53 dockets at 10 priority stations between 15/02/2021and 19/02/202. Of the cases monitored in the priority areas, the CWB unit have identified the following trends in relation to GBVF:

• Out of the 53 case dockets perused, 15 victims were minors aged between 7 and 17 years old;
• In 23% of the 53 cases reported, the State issued Nolle Prosequi certificates on the dockets;
• In 17% of the cases reported, the complainant gave withdrawal statements to the investigating officer;
• In 8% of the cases reported, the matter is still under investigation;
• In 7% out of the cases reported, there was no reasonable prospect for a successful prosecution;
• In 4% of the cases reported, the docket was not at court; and
• In 4% of the cases reported, the investigation was incomplete.

Going forward

Minister Fritz said, “It is not enough for my Department to perform oversight and highlight SAPS inefficiencies where they become apparent. We must flag these inefficiencies with the responsible parties and ensure that they are addressed.”

Minister Fritz added, “As such, my Department has written to the Provincial Commissioner requesting comments on the cases which were removed from the court roll. The report was submitted, for comments from the Provincial Commissioner, to be provided, to the provincial standing committee on community safety by no later than 30 April 2021. I look forward to receiving the Department’s next report at the beginning of April to further guide the Department in its oversight function.”

Minister Fritz continued, “The Department of Community Safety remains committed not only to performing oversight but contributing to the safety of all residents. Should you wish to liaise with the CWB unit, you can email the CWB Unit on Monitor.GBV@westerncape.gov.za

Useful information

• For more information on the CWB Unit, please visit: https://www.westerncape.gov.za/general-publication/court-watching-briefs
• Link to “A guide for victims of domestic abuse” booklet, which provides information on how to obtain a protection order: https://www.westerncape.gov.za/sites/www.westerncape.gov.za/files/docs_dva_booklet_2020-a5_final_-_7_august_2020.pdf­