64 gender-based violence cases struck off court roll within three months due to police inefficiencies
8 December 2022
The second quarter report (July – September 2022) of the Western Cape Department of Community Safety’s (DOCS) Court Watching Briefs (CWB) shows that 208 cases monitored during this period, at 15 courts across the province, were struck off the court roll due to South African Police Services (SAPS) inefficiencies.
The CWB Unit is an initiative of the Department of Community Safety (DoCS) to enhance their ability to perform oversight of the police as mandated by Section 206(3) of the Constitution. The report has been shared with the SAPS. A formal response from SAPS is expected towards the end of January 2023.
These courts that were monitored are located in Khayelitsha, Bishop Lavis, Mitchells Plain, Bellville, Wynberg, Athlone, Goodwood, Kuilsriver, Atlantis, Malmesbury, Vredenburg, Ceres, George, Mossel Bay and Knysna.
Of the 208 cases, 64 (30%) are Gender Based Violence (GBV) related, while the other 144 matters, amongst others include murder, aggravated robbery, possession and dealing in drugs and possession of firearms and ammunition.
The CWB found that of the 144 cases, 74 cases (51,4%) were withdrawn due to an incomplete investigation, while 53 cases (36,8%) were withdrawn, as the dockets were not at the court.
Total Number of Cases Monitored: Quarter 2/ July -September 2022
|
Categories of inefficiencies: Quarter 2/ July-September 2022 |
Count |
% |
|||
|
Cases withdrawn because the dockets were not at court |
53 |
36.8% |
|||
|
Cases withdrawn because the investigation was incomplete |
74 |
51.4% |
|||
|
Cases withdrawn because the Forensic reports were outstanding |
9 |
6.3% |
|||
|
Cases withdrawn because the accused were not brought to court |
6 |
4.2% |
|||
|
Cases withdrawn because the witnesses were not subpoenaed |
2 |
1.4% |
|||
|
Total |
144 |
100% |
Pertaining to the 64 GBV cases, 32 cases (50%) were withdrawn as the dockets were not at the court, while 29 cases (45%) were withdrawn due to an incomplete investigation.
Status of Gender based violence cases monitored: Quarter 2 July- September 2022
|
Categories of inefficiencies: Quarter 1 July – 30 September 2022 |
GBV Count |
GBV % |
|||
|
Cases withdrawn because the dockets were not at court |
32 |
50% |
|||
|
Cases withdrawn because the investigation was incomplete |
29 |
45% |
|||
|
Witnesses not subpoenaed |
2 |
3% |
|||
|
Accused not brought to court |
1 |
1% |
|||
|
TOTAL |
64 |
100.0% |
The top 5 police stations in all 208 matters, where dockets were not at court are:
Atlantis (9)
Khayelitsha (7)
Delft (4)
Lingelethu West (3)
Elsies River (2)
The top 5 police stations in all 208 matters with the highest numbers of incomplete investigations, are:
Atlantis (8)
Kraaifontein (6)
Ravensmead (6)
Kuilsriver (5)
Ocean View (4)
Western Cape Minister of Police Oversight and Community Safety Reagen Allen, said: “This is a damning indictment on the SAPS in the Western Cape, as there is a clear dereliction of duty. Part of the reason why we have these monitors, is to ensure that SAPS is fulfilling their constitutional mandate, and that justice can be served. The findings of this report are wholly unacceptable, as these could have been prevented through basic administrative work and management. Yesterday, I engaged the SAPS Provincial Commissioner, Lieutenant General Thembisile Patekile, and there is a commitment from him to study the report and revert in due course.”
“I feel deeply for the victims of these crimes, as these are not merely cases, but actual human beings who are now experiencing secondary trauma, due to justice being denied. It takes such significant bravery for people who have experienced gender-based violence to come forward and for them to be let down by the system at such a basic level is incredibly distressing. With us commemorating 16 days of activism against the violence of women and children, it angers me that all victims, but particularly those in GBV matters have to endure this,” continued Minister Reagen Allen.
Minister Reagen Allen added: “The manner in which SAPS handled these cases is part of the reason why communities are losing trust, belief and hope in the service. We have appreciation for the tremendous stain our SAPS officers are under, given the lack of resources they have to contend with, and the large number of dockets investigators have to work through. We can however not have situations such as these where our law-abiding citizens are being failed in this manner. The case for the devolution of the SAPS to a capable provincial government such as ours, grows stronger everyday, as we continue to show that through our data-led and localised approach, we will do our best to ensure that our people are not failed in this manner.”
“I trust that SAPS will heed the recommendations made in the report, and ensure that these are actioned, so that perpetrators can be convicted, and justice be served and be seen to be done,” concluded Minister Reagen Allen.
Issued by Marcellino Martin, Spokesperson for Minister Reagen Allen, 8 December 2022
