An explorative study of the implementation of the Domestic Violence Act 116 of 1998 by the South African Police Service

Abstract

In this study, the research problem sought to explore the degree of implementation of the Domestic Violence Act 116 of 1998 by members of the South African Police Service (SAPS). The Domestic Violence Act clearly stipulates the responsibilities of members of the South African Police Service in terms of the policing and management of domestic violence. Data was collected by means of a literature study and individual interviews conducted with SAPS members at the station level. These police officials are responsible for implementing the provisions set out in the DVA. The researcher also drew on her investigative experience in the SAPS, including the investigation of domestic violence. In addition, the researcher conducted a comprehensive literature study of national legislation, internal SAPS policies and directives that govern and promote the regulation of domestic violence in South Africa, the policing of domestic violence, media and newspaper reports as well as library resources and international studies. The findings of the research indicate that participants had a diverse understanding of domestic violence. This study also serves as testimony that the majority of the participants perceived and experienced the implementation of the DVA by the SAPS in various ways. However, participants understand their role and responsibilities to efficiently implement the provisions of the DVA. It was further determined that most of the participants knew their responsibilities regarding record keeping in incidences of domestic violence, and that members of the SAPS knew the procedure to follow in order to serve protection orders. It is, however, questionable whether they will be able to do so when necessary as most of them have not served it themselves as there are specific members at the station level who have been designated the duty of serving protection orders. However, it became evident that SAPS members are confronted with various challenges, at the station level, which hinder the proper implementation of the DVA. The recommendations made in this study may provide the SAPS with knowledge regarding the challenges and shortcomings that police officials experience in effectively implementing the provisions set out in the DVA, the role and responsibilities of SAPS members to efficiently implement the DVA, as well as the training and resources necessary to effectively execute the DVA.