Western Cape Police Oversight and Community Safety on Gender-based violence cases in court

77 Gender based violence cases struck off court roll within six months due to police inefficiencies

Between October 2022 and March 2023, the second and third quarter reports of the Western Cape Department of Police Oversight and Community Safety’s (POCS) Court Watching Briefs (CWB) unit, shows that a staggering 283 cases monitored during this period at 33 courts, linked to 82 South African Police Services (SAPS) stations across the province, were struck off the court roll due to SAPS inefficiencies.

This consists of 153 cases monitored during quarter three at 15 courts covering 40 SAPS stations, and 130 during quarter four at 18 courts, covering 42 SAPS stations. The quarter 3 report also consists of a post-monitoring brief of eighty-four (84) murder cases at 20 SAPS stations. This is 33 fewer murder cases than the 117 dockets requested from SAPS. 

The CWB Unit is an initiative of the Department of Police Oversight and Community Safety (POCS) to enhance their ability to perform oversight of the police 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 Khayelitsha, Bishop Lavis, Blue Downs, Strand, Philippi, Mitchells Plain, Bellville, Wynberg, Athlone, Goodwood, Kuilsriver, Atlantis, Malmesbury, Paarl, Vredenburg, Ceres, Clanwilliam, Vredendal, Oudtshoorn, George, Mossel Bay, Plettenberg Bay and Knysna.

The South African Police Services (SAPS) stations attached to these cases are Kuilsriver, Brackenfell, Kraaifontein, Ravensmead, Vredendal, Lutzville, Doring Bay, Clanwilliam, Graafwater, Citrusdal, Lamberts Bay, Knysna, George, Conville, Pacaltsdorp, Thembalethu, Oudtshoorn, Grootbrak Rivier, Manenberg, Athlone, Philippi, Hout Bay, Steenberg, Wynberg, Claremont, Philippi East, Diep River, Mbekweni, Paarl East, Franschoek, Klapmuts, Mitchells Plain, Lentegeur, Khayelitsha, Harare, Gugulethu, Samora Machel, Nyanga, KwaNonqaba, Da Gamaskop, Lwandle, Strand, Mfuleni, Kleinvlei, Plettenberg Bay, KwaNokuthula, Goodwood, Delft, Lansdowne, Grassy Park, Malmesbury and Riebeek Wes.

The quarter 3 SAPS stations linked to the monitoring of the murder cases are Athlone, Bishop Lavis, Conville, De Doorns, Gugulethu, Harare, Khayelitsha, Kleinvlei, Kraaifontein, Lingelethu West, Manenberg, Mfuleni, Mitchells Plain, Nyanga, Philippi, Philippi East, Riebeek-Wes, Robertson, Steenberg and Thembalethu.

Of the 283 cases, 77 are Gender Based Violence (GBV) related, while the other 206 matters, amongst others include assault-grievous bodily harm(GBH), murder, aggravated robbery, possession and dealing in drugs and possession of firearms and ammunition.

Total Number of Cases Monitored: Quarter 3 and 4/ October 2022 -March 2023

Pertaining to the 77 GBV cases, 22 cases were withdrawn as the dockets were not at the court, while 48 cases were withdrawn due to an incomplete investigation.

Status of Gender based violence cases monitored: Quarter 3 and 4/ October 2022 -March 2023

The top 3 police stations over the two quarters in all 283 matters, where dockets were not at court are:

• Knysna (6)
• Vredendal (4)
• George (3)

The top 3 police stations over the two quarters in all 283 matters with the highest numbers of incomplete investigations, are:

1. Lutzville (12)
2. Kraaifontein (8)
3. Kuilsriver (6)

Total Number of Murder Cases Monitored: Quarter 3, October 2022 -December 2022

Western Cape Minister of Police Oversight and Community Safety Reagen Allen, said: “These statistics paint a very grim picture, which deeply disturbs me. More so that these are real people who have been dismally failed by the South African Police Service and the entire criminal system. What is further alarming is that these are the cases that we have monitored, which would suggest that there could be many similar matters that are also being thrown out of court. The indictment is damning and clear. Investigators work under immense strain and at times they each sit with well over 200 dockets. This failure does however not justify their inability to comply with their oath and fulfill their constitutional mandate.”

Minister Reagen Allen continued: “I will engage the SAPS Provincial Commissioner, Lieutenant General Thembisile Patekile, as I need to establish whether the officers that have failed our citizens will be held accountable, should this not have occurred yet. I will not sit by and continue to allow this type of failure to persist within SAPS. The pain, suffering and injustice that the victims have to endure has to be addressed and there should be recourse for the victims. We have made a number of recommendations based on these findings. One of them is that SAPS should develop an improvement plan to minimise the number of cases that are struck off the roll due to their inefficiencies.”

“I will also engage the Western Cape Director of Public Prosecutions, Advocate Nicolette Bell, as we have to gain insight into what has to improve to ensure these types of results are not repeated. I am aware that there is a standard operating procedure between investigators and prosecutors, and it has to be ascertained where the breakdown is. Our people who are victims deserve better across the board, and we have to work towards eradicating these shortcomings,” added Minister Reagen Allen.

“We are not merely conducting oversight over SAPS as a tick boxing exercise. It is extremely important that reports such as these lead to better service delivery. It is also another stark reminder why SAPS has to be devolved to a capable provincial government such as ours. We want to ensure that SAPS is credible and trustworthy, while delivering a service that is professional and of the highest standard, and that protects and serves individuals often deeply affected by crime,” concluded Minister Reagen Allen.

Media enquiries:
Marcellino Martin
E-mail: Marcellino.martin@westerncape.gov.za
Cell: 082 721 3362