Systemic Police Failures Leads To 84 Cases Of Gender Based Violence Struck Off Court Roll During 3rd Quarter

The Western Cape Department of Police Oversight and Community Safety’s (POCS) Court Watching Briefs (CWB) unit reported that in the third quarter, October 2023 to December 2023, it monitored 265 cases at 10 courts, which has jurisdiction over 35 South African Police Services (SAPS) stations across the province. All 265 cases were struck off the court roll due to systemic inefficiencies in the SAPS.

Of the 265 cases monitored during quarter three, 85 (32%) related to Gender Based Violence (GBV). Considering quarters one and two, this means that an unacceptably high number of 174 GBV matters were struck off the roll between April to December 2023, due to SAPS’ inefficiencies.

The CWB Unit is an initiative of POCS to enhance their ability to perform oversight of the SAPS as mandated by Section 206(3) of the Constitution. Both reports have been shared with the SAPS.

The courts that were monitored are located in Athlone, Atlantis, Bellville, Blue Downs, Khayelitsha, Kuilsriver, Mitchells Plain, Philippi, Wynberg, and Paarl.

The SAPS stations attached to these cases are Athlone, Atlantis, Belhar, Brackenfell, Claremont, Delft, Diep River, Grassy Park, Gugulethu, Harare, Hout Bay, Khayelitsha, Klapmuts, Kleinvlei, Kraaifontein, Kuilsriver, Lansdowne, Lentegeur, Lingelethu West, Manenberg, Mbekweni, Mfuleni, Mitchells Plain, Mowbray, Nyanga, Paarl, Paarl East, Philadelphia, Philippi, Philippi East, Ravensmead, Rondebosch, Samora Machel, Steenberg, and Wynberg.

Status of GBV cases monitored: Quarter 3 October 2023 – December 2023

Top three SAPS stations where cases were struck off the roll were:

1. Atlantis (17);
2. Kleinvlei (11); and
3. Kraaifontein (9).

Western Cape Premier, Alan Winde said: “These statistics are an indictment on the SAPS, its leadership and the entire criminal justice system. The very authority which is tasked to serve and protect citizens are dismally failing them, and this is largely in poor communities where the most vulnerable live. GBV is an epidemic and it continues to fester in our societyleaving our women and children at risk when those accused are never held accountable.”

“What is even more concerning is that these numbers only represent a sample of the cases in the system, which means there could be further failures and injustices being perpetuated. Everyone in the criminal justice system including SAPS and the National Prosecuting Authority need to step- up to ensure that people see the system work for them,” added Premier Winde.

Western Cape Minister of Police Oversight and Community Safety, Reagen Allen, said, “I note that actions have been taken by SAPS where necessary, to address these failures. Some, which I welcome are the seventeen (17) sanctions imposed against SAPS members for incomplete investigations, six (6) warrants of arrests issued and one (1) individual that has been found guilty. It is however deeply concerning that twelve (12) matters were withdrawn by complainants, which also led to cases being struck off the roll. We will engage the GBV Transversal Forum to increase advocacy to vulnerable groups around the scourge of GBV and why perpetrators should be arrested and prosecuted.”

“I am currently awaiting further feedback from both the SAPS Provincial Commissioner, Lieutenant General Thembisile Patekile and the Western Cape Director of Public Prosecutions, Advocate Nicolette Bell, as urgent improvements into this area are required. We cannot have people suffer in this manner and we have to find ways to bring about an immediate turnaround. Part of the reason why we initiated the CWB is to ensure that there is justice for all victims and that as a provincial government we do everything we can to make this province safer for our residents,” concluded Minister Reagen Allen.