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SOUTH AFRICA'S BETRAYED CHILDREN
GOVERNMENT'S BROKEN PROMISES
REPORT ON CONDITIONS & ACTIVITIES OF CHILD PROTECTION UNITS
MIKE WATERS MP
DA SPOKESPERSON ON CHILD ABUSE
FEBRUARY 2003
"We need to ask ourselves the question as to whether there has been any progress, and if not what are the reasons for failure. We need to check whether all of us are contributing, as we should, so that our campaigns, on this important matter, don't merely become noisy gongs and clanging bells." President Thabo Mbeki, 26 November 2002.
"Until we can get victims to trust the court process we will continue to experience high levels of case abandonment and the credibility of our justice system will continue to flounder on public suspicion, anger and mistrust." Deputy Minister of Justice, Cheryl Gilwald, 28 November 2002
INTRODUCTION: THE NECESSITY OF ACCOUNTABILITY
This report is the product of personal visits to Child Protection Units (CPUs) and Family Violence, Child Protection and Sexual Offences Unit (FCS) by Democratic Alliance Member of Parliament Mike Waters. Visits were conducted from November 2002 to January 2003. All units dealing with the safety of children were visited, questionnaires completed and informal inspections carried out. In most cases, a personal interview with the Unit commander helped the DA determine which are the improvements that are most seriously needed if the safety of South Africa's children is to be ensured. The findings of these visits and the DA's recommendations for improvement form the basis of the following report.
Of critical importance, we want to draw the attention of the public to the lack of will power and the impotence of the ANC government in ensuring that the police are capable of helping child victims. Government efforts have amounted to a little more than ineffectual 'noisy gongs and clanging bells'. In this we are in agreement with the findings of an investigation by the South African Law Commission (SALC) that "South Africa has no clear strategy for inclusively dealing with child and adult victims of sexual offences, either on a primary, preventative level or on a secondary, protective level. There is therefore no guarantee that a victim of a sexual offence entering the criminal justice system will... be protected from further harm. 1
When visiting the men and women who compose the CPUs and when seeing firsthand the conditions in which they have to carry out their work, what becomes immediately apparent is that they are not receiving the full support they deserve from their superiors. Safety and Security Minister Charles Nqakula, in questioning the figure that one in three South African children were abused daily, had this to say to the Pretoria Press Club: "Is that realistic? I have more than three children at home, and yesterday not one was abused." Such flippant and insensitive remarks in the face of a national crisis, where in one year (2000) there were 21 630 child victims of rape, points to a Minister that is not prepared. The government should be judged not only on what it says, but also on what it does, or fails to do.
The DA and the public have been assured that the ANC is doing all it can to help child victims. The evidence proves this otherwise. We do not hold the government culpable for the moral attitudes of private individuals or of society, but it must be held accountable for not doing all in its power to stop sexual assaults on children and for failing to manage the immense task of ensuring safety and security for all.
On the strength of the evidence of this report, we make bold to say that the present situation points to a dereliction of duty on behalf of the Ministers assigned the responsibility of developing and implementing a "clear strategy." This negligence is tantamount to an abuse of a child's human rights.
1 South African Law Commission. Project 107: Sexual Offences. Executive Summary pp 2-3.
One must question just how seriously the government's effort has been, when what we have found on our visits point to five main areas where their failings are inexcusable and where vast improvements need to be made as a matter of urgency:
- The insufficient number of units nationally and the shortage of officers at CPUs, which are far short of the optimal figures that the police themselves have determined;
- The proportion of officers that have not undergone Child Protection training or specialized training of any kind;
- The physical state of repair of CPU buildings and the general facilities and resources available at CPUs including office space, telephones, vehicles, support and forensic services;
- The high number of cases officers have to investigate in these stressful conditions; and,
- The uncoordinated nature of the various government departments, especially health, welfare and the justice system, and which leads to the increased victimisation of the young and vulnerable.
Many of the CPUs do not appear to be set up to deal with the primary needs of a child victim. We have found derelict buildings, no facilities for conducting interviews with children, and no separate playrooms or waiting room to ensure their safety.
What we see is a system slowly collapsing and unable to protect those who are most vulnerable in our society.
We have found investigators crammed into offices and forced to share telephones and vehicles, prevented from carrying out detective work by a lack of resources. The number of cases each has continues to grow, while delays with DNA tests, with assessment reports from welfare officers, and with the courts, creates a backlog that no amount of unpaid overtime is going to see completed.
And not only are children already victims of unimaginable sexual offences and concomitant psychological damage, those whose terrible situation is brought to the police in pursuit of justice also have to face what can be described as secondary victimization. A criminal justice system that because of its ineffectiveness further brutalizes the child victim. The insensitive and ineffectual handling of sexual violence complaints deters victims from reporting cases and impedes the prosecution of perpetrators. The net effect is a desensitized society that loses all innocence and becomes complicit in the terrible legacy it creates for itself.
There is no one easy solution to stop this vicious circle. The responsibility lies with every individual conscience to end such brutality. There are however urgent and immediate actions that must be taken by the government to ensure the rigorous prosecutions of all perpetrators of crimes against children. However, if we wait one more day to begin these improvements there can be no guarantee that a point will not very soon be reached where children's safety is so neglected as to be non-existent.
CHILDREN AND THE LAW
The rights of the child are expressed and contained in various international instruments to which South Africa is legally bound. These include the United Nations Convention on the Rights of the Child, and the African Charter on the Rights and Welfare of the Child. The Convention on the Rights of the Child contains provisions to protect children from abuse and exploitation:
"Article 19
- 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
These instruments we have signed and ratified should serve as the minimum obligations and priorities of our government in establishing and protecting the rights of our children. The Constitution (Act 108 of 1996) makes it clear in Section 28(1)(d) that "Every child has the right to be protected from maltreatment, neglect, abuse or degradation" and 28(2) "A child's best interests are of paramount importance in every matter concerning the child".
There have been motions and debates in Parliament, public hearings, task teams and reports - all of which risk amounting only to 'noisy gongs and clanging bells'. Aside from the lip service paid to these high sounding principles, there is not enough being done in the protection of children against abuse. In fact when victims turn to the state in the forms of the police and the courts they encounter, more often than not, little help and support and in about 90% of cases no justice.
The South Africa Law Commission's proposed Bill on Sexual Offences includes recommendations regarding changes to the criminal justice system that must be urgently implemented. A 1997 SALC report handed to then Deputy Justice Minister Manto Tshabalala, highlighted the problems then that we still face today, namely that "The criminal laws and criminal procedure, as it currently stands, as a mechanism to protect children from abuse, is to a great extent ineffective."
Appropriate law reform is necessary, however it is not sufficient. The most progressive of legislation aimed at protecting children and promoting their rights, however carefully drafted, will be toothless and powerless, if the implementation within the criminal justice system generally, and within the SAPS specifically, is not prioritized and effectively managed.
It is therefore imperative that human and financial resources be made available to provide the adequate training and the facilities necessary to prevent sexual violence against children, and to prosecute and punish those responsible.
LAW ENFORCEMENT
The reality of prosecuting and punishing perpetrators has no correlation to the principled words of legislation if law enforcement agencies are not properly empowered. It would seem that there are endemic problems in the criminal justice system and these problems often lead to a failure to investigate, prosecute and punish offenders. As a result, the victims have a limited recourse to the justice system. As it loses credibility with the public, it is further weakened. Some may seek vigilante justice, while perpetrators face little disincentive to abuse again.
Unless resources and political will are committed to the implementation of law, the situation is not likely to improve. The following section details the major shortcomings of the current state of CPUs and why they present such an obstacle to the course of justice.
SHORTAGES
The SAPS has a shortage of human resources, and the Child Protection Units of the police are no different in this regard. Though shortages at police station level have begun to be slowly addressed by recruiting entry-level constables for visible policing duties, the CPU, as a specialized police unit, requires members to be highly trained not only in the skills of investigation but also in how to help vulnerable victims, especially children. The shortage of these skills will be dealt with in a subsequent section, for now we will deal with staff levels.
For a start, only 35 of the 42 policing areas are covered by any CPUs. The Minister for Safety and Security maintains that detectives at individual stations are responsible to police crimes otherwise covered by CPU officers. He however is not able to answer how many detectives or how many vehicles are available to do this task. 2
The 35 police Areas that are covered by CPUs unfortunately are too understaffed to respond adequately to their duties. Currently there are 739 officers nationally but the national shortage at existing CPUs totals 693 officers - a shortage of 48%.
3
According to details provided by the Provincial Commissioners in response to questions from the DA, all provinces are understaffed. The Western Cape is short 136 officers, or 78% understaffed. Kwa-Mhlanga CPU in Mpumalanga is 82% understaffed, as is Mitchells Plain in the Western Cape.
| PROVINCE | % UNDERSTAFFED |
| Western Cape |
78.2 |
| Mpumalanga |
70.8 |
| Northern Cape |
64.6 |
| RSA |
48.4 |
| Limpopo |
47.4 |
| Gauteng |
47.0 |
| Free State |
41.8 |
| Eastern Cape |
37.6 |
| KwaZulu Natal |
35.0 |
| North West |
22.6 |
2 Minister for Safety and Security, Question 19 for Oral Reply in the National Assembly. 13 Nov 2002.
3 2002 Annual Report of the SAPS National Commissioner states there are 727 officers nationally. (p47)
STATE OF REPAIR OF THE CPUs
The much-needed increase in the number of CPU officers will require an increase in the physical resources each of them needs. The offices in Mitchells Plain and Kimberley, for example are already too small for the current staff, though both of them should have more than double the number of officers. In Mmabatho, three investigators have their offices in the kitchen due to a lack of space. In Bloemfontein, the shortage of office space has had a serious negative impact on the well being of children since both the child interview room and the playroom have had to be converted into offices.
The list of run-down buildings and other problems is long. Temba CPU is in a dilapidated and grimy building. At Phuthaditjhaba, the building is run-down and the toilets shared with other specialized units are broken. At Port Shepstone the roof is collapsing in places and water seeps down the walls of the playroom.
Another serious problem is the security of the buildings. Richards Bay CPU has had four break-ins in two years. Pietermaritzburg suffered two burglaries last year despite having an alarm system. Middelburg in Mpumalanga, Louis Trichardt in Limpopo, Rustenburg in the North West and De Aar in the Northern Cape were all burgled in the last two years. Computers, fax machines, TV sets, video machines and firearms have been stolen. Staff themselves are not always safe: an officer in the Eastern Cape suffered an attempted rape in the lift going to her office.
RESOURCES
Many of the units do not have facilities that help in putting the child at ease, for instance dedicated child interview rooms or playrooms. The support of the community has been essential, for example in Potchefstroom and Klerksdorp where donations of paint and cushions are used to make the building child friendly. It is difficult to estimate what effect the lack of such facilities have on children, but it is generally accepted that the more comfortable the child is more trust they will have in the officer and the greater the chances that the child will speak of the terrible crimes they are victims of.
Aside from the facilities and resources needed to help children, each CPU must have the resources to conduct investigations and carry out police duties. At many of the units visited rudimentary office resources are lacking. Telephones are not always available and investigators use their own personal cell phones while on duty, often out of necessity and with the knowledge that they will not be repaid their expense. Computers are also a problem especially when they are not connected to the police main frame. In these instances officers must make use of computers at police stations to update their case dockets.
VEHICLES
The high mileage and the poor condition of vehicles are problems and this means that their reliability will come into question. A vehicle in Kathorus had done 474 251 km, while at Vereeniging six vehicles had done more than 300 000 km An ageing fleet is being slowly replaced. For example, Richards Bay has four relatively new vehicles, though five others were provisionally boarded in August 2002. In Johannesburg a third of the vehicles are in poor condition and four have been boarded in the last two months. At Krugersdorp, six were boarded last year and only one replaced. A car from the Soweto unit took three months to return from repairs.
There does not seem to be much rationality in the provision of vehicles and other resources. The CPU at Nelspruit have been promised new vehicles at least three times and received nothing. In a reply to a parliamentary question to the Minister of Safety and Security regarding the provision of radios in police vehicles, the DA was informed that "police radios are not effective in vehicles because the investigating officer has to phone other role players, e.g. Social Development and health Departments from the scene of crime. (sic)" While it is true that other role players have to be contacted, it is not clear why some vehicles have them and others not, or why some of them are removed on instruction from Area. 4
Vehicle shortages and conditions do not appear to be much worse off than they are generally in the SAPS, but the CPUs have transport requirements that are quite different, and for which additional vehicles are urgently required. The transportation of child victims to court is the responsibility of CPU officers. In some instances, victims and accused are forced to travel together, often long distances and this is a clear violation of the rights of the victim.
At East London, the investigating officer cannot transport witnesses, victims and the accused. The police refuse to help when traveling to the High Court arguing that their duty extends only to the regional courts. The unit at Uitenhage has only two vehicles and at one stage had thirteen separate cases at the Port Elizabeth High Court to which they had to transport victims, sometimes from 90km away.
The most disturbing case is that of the shocking circumstances in the Northern Cape. As there are no child court facilities in the Springbok FCS area, cases are heard in Cape Town about 400 km away. Similarly, at De Aar cases are heard in Cape Town or in Upington. The victim and accused are supposed to travel separately but because of a lack of co-operation with the police, a shortage of staff, and a lack of vehicles, the child victim travels with the person responsible for their violation.
INVESTIGATORS' CASELOADS
The ability of a CPU officer to help child victims depends largely upon the sheer volume of cases that they have at any one time. An officer has limited time and many duties to perform: helping victims at the CPU and taking them for medical examination, investigating and gathering evidence, preparing testimony for prosecution, transporting victims to court and testifying and other duties. What is clear is that there is a limit to the number of different cases one individual can possibly cope with no matter how talented or how dedicated.
According to the Minister for Safety and Security the ideal number of dockets that any one detective in the SAPS should be working on is 18. 5 While it is generally accepted that this is an ideal figure and that the detective workload is really much higher in the SAPS, it is an absolute outrage that the ANC government can claim to be committed and to doing all it can when CPU officers are expected to juggle so many cases at one time.
In Mpumalanga, officers have an average of 104 cases each. Broken down by unit these are 141 dockets each at Nelspruit, 112 at KwaMhlanga, 86 at Secunda and 75 each at Middelburg. High caseloads are found in almost all areas: Umtata investigators have 80 cases each; in Benoni 98; in Tzaneen 92; in Goodwood, 83. (See Appendix).
4 Minister for Safety and Security, Question 18 for Oral Reply in the National Assembly, 13 Nov 2002.
5 Minister for Safety and Security, Question 1111 in the National Assembly, 15 June 2001.
The reality of such caseloads is ironically the opposite of the high numbers. Effectively what happens when caseloads are so high is that fewer cases are fully investigated, fewer cases lead to prosecution and fewer cases lead to convictions.
| PROVINCE | Average caseload per investigator |
| Mpumalanga |
104 |
| Western Cape |
77 |
| Eastern Cape |
65 |
| KwaZulu Natal |
64 |
| Northern Cape |
58 |
| Limpopo |
57 |
| Gauteng |
55 |
| North West |
44 |
| Free State |
35 |
There were very few complaints or problems with salaries as such, but an issue that was raised at almost every single of the CPUs visited was the question of overtime. At those units were there is overtime pay, the amounts that are budgeted for overtime each financial year is depleted before the year is through. Members are then given days off in lieu of payment. The number of cases however continues to pile up, either waiting for the investigator on his return or distributed amongst colleagues with equally high workloads. The result is the same - without more trained members, the units' workload will keep inflating.
LEVELS OF TRAINING
Not only are CPUs under-staffed and under-resourced but the majority of them are severely under-skilled. In fact, replying to a question in the National Assembly, the Minister for Safety and Security informed Parliament that 53% of all officers nationwide are not trained in Child Protection. 6
The relatively low level of training and education of the police force complicates both the quality of investigations and the preparation of dockets, and these problems are particularly acute in cases of sexual abuse. There is still to be an indication from government what steps are to be taken to improve the number of training programmes, despite being fully aware of the current crisis for some time. Highly specialised skills are needed not just general investigative training.
The problems of low training levels are exacerbated by the shortage of officers, since no currently untrained officer can be spared to attend formal training. Yet, without the training cases are not likely to be strong enough overall to guarantee any success in prosecution. Victims of crime will become victims of the criminal justice system.
The numbers speak for themselves. At Phuthaditjhaba in the Free State, none of the eleven officers have received any specialized training. In Pietermaritzburg, 84% of officers have no training in Child Protection. 79% of officers in East London have yet to attend courses that will help them not only in investigation but also in how to help vulnerable child victims.
6 Minister for Safety and Security, Question 19 for Oral Reply in the National Assembly, 13 Nov 2002.
Even at well-established units like Soweto and Johannesburg the number of officers that have no Child Protection training are 71% and 79% respectively. At Bloemfontein over 70% do not have formal Child protection training or even been on a detective course. Only 10 officers in the entire Western Cape's CPU have been trained in dealing with Family Violence, Child Protection and Sexual Offences.
| PROVINCE | Actual | CP | % Trained | FCS | % Trained |
| Mpumalanga |
31 |
22 |
71 |
5 |
16 |
| Western Cape |
38 |
13 |
34 |
10 |
26 |
| Eastern Cape |
108 |
46 |
43 |
37 |
34 |
| KwaZulu Natal |
128 |
35 |
27 |
31 |
24 |
| Northern Cape |
29 |
15 |
52 |
3 |
10 |
| Limpopo |
41 |
21 |
51 |
16 |
39 |
| Gauteng |
222 |
98 |
44 |
76 |
34 |
| North West |
96 |
82 |
85 |
34 |
35 |
| Free State |
46 |
13 |
28 |
2 |
4 |
CP - Child Protection Unit Investigator's Course
FCS - Family Violence, Child Protection and Sexual Offences Course
DEBRIEFINGS AND PSYCHOLOGICAL SUPPORT
Neither are officers trained to cope with the stresses of a job that is by its very nature highly disturbing and traumatic, and that is made even more difficult by the resource shortages and working conditions already described. Regular counseling or debriefing sessions should be held for all members at least every six months or at the request of individual officers, including the unit commanders.
KwaZulu Natal presents the worst picture. In the seven and a half years that the Pietermaritzburg unit has been operational, no one has been debriefed. In Ladysmith it has not happened since the unit was established - even when a member's own child was raped there was no counseling. The situation is the same for both Durban units and Richards Bay have been told that there will be a session shortly. At Port Shepstone there was a debriefing session only when an officer tried to shoot himself.
It would be wrong to say that the situation is like this in all Provinces. In the North West province four units have regular sessions twice a year, but another four Temba, Mmabatho, Mogwaswe and Mabopane have not had any debriefings at all, even when members are being transferred because of stress. In East London, De Aar and Queenstown there have been no debriefings in the last three years, and in Nelspruit not since 1996.
In Limpopo province one of the officers who attended debriefing said 'it did not help them'. At Bloemfontein they said it was of help. The debriefing is done by a police social worker at the Krugersdorp unit though they would prefer a private psychologist. At Vereeniging, the previous four commanders have all been booked off for stress. The Goodwood unit has lost 29 members in the last six years due to stress. At Upington 'it is only when you threaten to shoot yourself or someone else, do they take you seriously.'
MEDICAL ASSISTANCE
We have seen that CPUs are not properly staffed or equipped to combat the scourge of violence against children. These officers do not receive much help either from other government departments that are supposed to be of assistance and who also have their responsibility to help child victims.
At state hospitals there is a shortage of doctors to attend to children who have been violated. Children must wait with the officers in queues of three to five hours before being physically examined. These are not isolated events either and but were reported separately in Bloemfontein, Queenstown, East London, Umtata, Port Elizabeth, Mitchells Plain, Middelburg, Secunda, Tzaneen, Polokwane, Nelspruit, Richards Bay, Port Shepstone and Pietermaritzburg.
The Upington unit has had problems with medical staff claiming to be off duty and deliberately avoiding police and victims. Some doctors have even refused to examine a rape victim. This was the case at Vereeniging and at a hospital in Cape Town. In East London, doctors have signed letters stating their refusal. The Port Elizabeth unit has decided to open a docket against three doctors on the grounds of defeating the ends of justice.
Once a doctor has completed the examination there is still more to be done. The paperwork (the J88 Form) is sometimes not completed correctly, and can lead to problems when cases come to court. There are further complications with doctors on community service or Cuban doctors who are not always available to present evidence in court. These doctors are only at hospitals for a year, and since investigations take so long to complete and court rolls are so full, it is a long time before they are subpoenaed to testify, by which time they no longer work at the hospital. Officers have to get affidavits from the hospital superintendent that that particular doctor - and their evidence - has left.
DNA EVIDENCE
According to the National Prosecuting Authority, it takes on average 84 days for DNA to be analyzed by the labs in either Pretoria or Cape Town. 7 Our findings indicate that delays take much longer than that and there needs to be either additional labs or a streamlined process. It seems to be too easily accepted that DNA testing and identification takes a long time. Units in the Northern Cape who used the Cape Town lab waited between 3 and 6 months. Officers in Gauteng waited in some instances between 6 months and a year to get the complete results.
At Mogwase, in the North West province results for a test sent in May 2002 are yet to arrive. A case has been withdrawn in Klerksdorp because of delays of up to a year. The Forensic Science Laboratory had 31 vacancies in May 2002, and it is not clear whether this may be the cause of the delays. 8 In the interim, cases are dropped or withdrawn. Delays do not help investigators conclude cases, are clearly not in the interest of justice and add to the victimization of the child.
SOCIAL DEVELOPMENT
The Department responsible for child welfare, the Department of Social Welfare, reported to Parliament that it "has initiated a 24-hour service pilot programme providing for social workers to
7 Briefing to Parliament's Justice Committee, 6 June 2002.
8 Minister for Safety and Security, Question 508 in the National Assembly, 3 May 2002.
be on call to assist police officers with cases of abuse. The service is fully operational in the Western Cape and the Free State and in one area each in Gauteng and the Eastern Cape." 9
The CPU officers we have spoken to would be quite surprised by this declaration. The overwhelming majority indicated that there is not very much coordination between departments and in fact, very little co-operation. Social workers are not available after 4pm and this causes major problems, for instance when a child needs to be sent to a place of safety.
Another serious concern is that assessment reports take too long to be completed, if they are completed at all. Some cases are finalized without a report from the social worker. One officer went as far as to describe social workers as 'useless'. There is an urgent need for victim counseling and support, and in many cases NGOs are more effective.
PROSECUTION AND THE COURTS
Most areas visited had at least one court, if not more, with special facilities for children to testify. Nationally there remain over 200 magisterial districts without child friendly court facilities.
These facilities are not always used since intermediaries are not always available to assist the child. This was the case at Pudimoe, Potchefstroom and Pietermaritzburg. The role of an intermediary is a facilitator through which a child can give evidence.
We heard that in some cases prosecutors need training in how to deal with children, and that some magistrates and lawyers even shout at child witnesses.
There were instances where there was not a good relationship between CPU members and the prosecution services, despite the fact that this is a very important aspect of ensuring a conviction. There were also problems with the amount of time the court process took and that it was difficult for members to be available at court a whole day and still be asked to return at dates not necessarily convenient to them.
A major focus of the National Prosecuting Authority is to set up specialised courts dealing with sexual offences. There are at least twenty such specialised courts nationwide. They have been set up with the intention of having dedicated sexual offence prosecutors and a court environment that attempts to limit secondary victimisation, including special facilities for child witnesses and the provision of intermediaries. This is an indication that the Justice Department has recognized where improvements need to be made.
The Institute for Security Studies (ISS) has pointed out concerning sexual offence courts that "special facilities alone do not necessarily improve conditions for survivors or the conviction rate for these crimes." 10 The SALC supports the rollout of specialised courts accompanied by intensive training programmes for all court officials. It points out that the current model "has been evaluated and that certain shortcomings have been identified." 11
Some of the units where things seem to be working point to what solutions are available if properly implemented. Kimberley has a rape crisis centre, where forensic nurses are available.
9 Department of Social Development submission to Parliamentary Task Group on the Sexual Abuse of children (adopted 12 June 2002, Tablings No. 77 ACT 14 June 2002) 10 'Sexual Offences Courts.' ISS Crime Index. Vol. 4, No.2 2000. 11 South African Law Commission. Project 107: Sexual Offences. Executive Summary p8.
It has a sexual offences court with special facilities for children to testify. There are also intermediaries to help and support young witnesses. These are some of the minimum requirement for the criminal justice system to begin to work to help children.
SOME RECOMMENDATIONS
Government must acknowledge the primary obligation of the state to protect its citizens and to promote human rights, especially children's human rights.
The Office on the Rights of the Child (ORC), established in the Presidency - and thus the direct responsibility of the President - must fulfill its neglected duties to monitor service delivery to children, particularly to child victims of crime.
The Office on the Rights of the Child must assume the responsibility for public awareness of sexual offences and education, and free the CPUs and FCSs to focus on their police role of investigating cases for prosecution.
The appointment of a national coordinator or Judicial Inspectorate mandated to monitor implementation in the criminal justice system (as well as health and welfare) regarding sexual offences against children. Immediate priorities would include:
- The setting up and administration of a fund for crime victims built out of the asset forfeiture of proceeds of crime and dedicated to the provision of one-stop centers for victims of sexual offences and of places of safety;
- An immediate needs analysis of shortages at CPUs and of complaints from members;
- Setting of minimum standards of facilities to be implemented at each CPU such as interviewing room, play room, waiting room, office space, office resources;
- Unfinished cases from 2001 be prioritized and concluded, with the possible establishment of Saturday courts to ease the current backlog of cases.
The fast tracking in the National Assembly of recommended legal reform, like the Sexual Offences Bill, including also mandatory sentencing and possible registers of sexual offenders.
The shortages of staff at CPUs be identified, rectified and additional training introduced.
A dedicated sexual offences officer be trained and deployed at every single police station.
More female police officers be encouraged to apply and be recruited into the CPU's.
All units be equipped with basic resources such as radios, vehicles, torches and bulletproof vests.
Emergency extra-budgetary provision be made for fully equipping CPUs and FCSs.
Under no circumstance must a victim and the accused be transported in the same vehicle to court.
All police officers must complete the necessary courses before deployment to a CPU, including training on their responsibilities to victims.
All police officers attend refresher courses after a set period, and new techniques and methods in training be explored and introduced.
All police officers to attend mandatory twice-yearly debriefing sessions with professional counsellors or psychologists, and that additional sessions be provided as requested.
A compromise be reached with the National Police Comssioner regarding the payment of overtime, and a re-evaluation of salary scales of specialized officers.
Promotions be encouraged within the unit, so that skills, knowledge and experience are retained.
Reinstate District Surgeons and introduce additional forensic nurses at state hospitals with the mandate of prioritizing all child sexual offences.
Vacant posts at the forensic laboratories be filled and that a third such laboratory dealing with DNA testing be established.
Forensic social workers be hired, trained and assigned to each of the specific units.
Sexual offence courts with dedicated prosecutors, magistrates and intermediaries all trained in protecting the best interests of the child be established.
The establishment of inter-departmental investigations with police, prosecutors and forensic medical practitioners - to ensure thorough investigation and strong prosecution.
Provincial Reports - Summaries
Provincial Reports - Full
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