The Role of the South African Police Service in Domestic Violence Matters
By Jolane van der Walt-Nieuwoudt (LLB) (LLM)
The South African Police Service (SAPS) plays a crucial role in handling domestic violence matters. As the first point of contact for complainants, SAPS is responsible for assisting victims of domestic abuse in seeking justice. This starts by treating complainants with respect, safeguarding their dignity, actively listening to concerns and informing them of their rights and options.
At the scene of a domestic violence incident, or as soon as possible thereafter, when reported, any member of the SAPS must provide necessary assistance to the complainant. This includes arranging for shelter and medical treatment.
Furthermore, SAPS is responsible for helping the complainant complete forms and affidavits, which are then referred to the Clerk of Court for further action.
Additionally, SAPS needs to determine if a criminal case must/ can be opened against the abuser. It is crucial for SAPS to ensure that the complainant is spoken to in a language they understand and that their statement is taken in privacy, without the presence of the abuser or the public.
Other duties and authorities include:
- recording the domestic violence incident in the domestic violence register at the police station;
- keeping a copy of the complainant’s protection order on record
- confiscating any firearms or dangerous weapons that may pose a threat to the complainant;
- making arrests with or without a warrant when an act of domestic violence has occurred;
- serving interim and final protection orders on the abuser free of charge;
- informing the abuser of their obligation to appear in court if they have violated the terms of a protection order.
Important to note is that the following persons may apply for an interim protection order with the complainant’s written consent. Written consent, however, is not necessary where the complainant is a minor, a mentally challenged person, unconscious or if the court is satisfied that the complainant is unable to give the required consent:
- police officers
- counsellors
- health workers
- social workers
- teachers
To summarize, SAPS plays a significant role in handling domestic violence matters with responsibility, as the first point of contact for complainants. SAPS must treat complainants with respect, provide assistance, and inform them of their rights and options. They are responsible for helping complainants complete forms and affidavits, determining if a criminal case must/ can be opened, and ensuring privacy during statement-taking. Other duties include to record incidents, confiscate weapons, make arrests, serve protection orders, and support other professionals in applying for protection orders. Overall, SAPS plays a commendable role in addressing domestic violence by providing support, protection, and legal recourse to victims.
We thank the honourable heroes in blue for their support and dedication to upholding the rights and dignity of complainants, especially when it comes to domestic violence matters.
