Presentation to theSELECT COMMITTEE ON WOMEN, CHILDREN

AND PEOPLE WITH DISABILITIESRegarding

Circumcision and Ukuthwala

9 October 2013

Table of Contents

Introduction: Mandate and ContextCircumcisiono Context o Policing Actions and ProgrammesUkuthwalao Contexto Policing Actions and ProgrammesBudget

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Introduction: The Policing of Ukuthwala and Traditional Circumcisions

A Constitutional MandateSection 205 (3) provides for the policing mandate to –oprevent, combat, investigate crime;omaintain public order; oprotect and secure the inhabitants of the republic of South Africa and their

property;ouphold and enforce the law.

Applicable sections of Bill of RightsoSection 10: right to human dignityoSection 12: right to freedom and security of person..right to protection

against violence... and the right to bodily integrityoSection 30: right of cultural and religious communities to practice their

culture..oSection 36: limitation of rights by laws of general application where

justifiable and reasonable (in this case where illegal actions conducted)

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Introduction: The Policing of Ukuthwala and Traditional Circumcisions

B Key Applicable Legislative MandatesoPolice Service Act, 1995 and Police Service Amendment Act, 1998oChildren’s Act, 2005 (Act No 38 of 2005)oCriminal Law (Sexual Offences and related Matters) Amendment Act (Act 32 of

2007)

C Approach in addressing crimes related to circumcision and ukuthwala

oFocus on linking criminal actions to existing legislation and investigate criminal aspects

oCreate partnerships with authorities and departments that have the competence to regulate and control harmful practices for preventative purposes eg Department of Health (circumcision) and traditional authorities.

oWhere possible facilitate awareness in partnership with authorities that lead and have competence in core aspects

oProvincial concurrent powers of leading authorities and cultural differences impact on overall national picture

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CRIMES RELATING TO CIRCUMCISION

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CIRCUMCISION

Contexto Department of Health leads, regulates and controls

competence to perform surgical actions. Health Professions Act, 1974 (Act No 56 of 1974) provides for the registration of health professionals including traditional healers.

o Partnerships with leading provincial authorities as applicable to the province ie Department of Health, Traditional Leaders, Premiers Office (eg Limpopo) are of value.

o Policing functions as combating and investigative, support to preventative actions regarding crimes eg–o Murder, attempted murder, assault (GBH) etc.

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CIRCUMCISION

Policing Actions and programmeso SAPS and Department of Traditional Affairs in process of

establishing partnership that will assist traditional leadership structures in matters of community safety.

o SAPS must develop a working relationship in each province with the provincial governments and other stakeholders to address prevention, law enforcement and co-operation iro investigations

o As this involves the medical profession and traditional authorities, SAPS cannot deal with law enforcement, inspections or investigation without support from medical professionals and traditional authority

o Provincial actions depending on the applicability of the tradition are conducted

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CIRCUMCISION

Policing Actions and programmeso In Free State province a Priority Committee on Initiation

Schools established with the participation of role players. Coordinators for all 110 stations are pointed to liaise with local initiation school health committees.

o SAPS combat and investigate cases of non-compliance that may arise in all provinces where provincial legislation and integrated policy directives exists eg Limpopo, Eastern Cape, Free State, Gauteng.

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CIRCUMCISIONProvincial legislation and policy in support of protection:o Eastern Cape - The Application of Health Standards in Traditional

Circumcision Act, 2001 (Act 6 of 2001).o Limpopo – Provincial Initiations Schools Act (Act 6 of 1996). Premier’s

Office oversees implementation, which is led by the Department of Local Government and Traditional Affairs. SAPS also collaborated with Department of Local Government, Secretariat for Safety and Liaison and Premier’s office in public awareness campaign.

o Free State – Free State Initiation Schools Health Act, 2004 (Act 1 of 2004) regulates accreditation and professional standards of initiation schools

o Gauteng – Sedibeng Policy Guidelines for Initiation Schools are being implemented and overseen through interdepartmental forums that includes CPF

o North West - Partnership Policing MOU with CPFs, Dikgosi (NW House of Traditional Leaders) , Local Government and Traditional Affairs, DoJCD, DBE.

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CRIMES RELATING TO UKUTHWALA

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Ukuthwala

Contexto Police concern with regard to abduction and rape of

children and non-consenting adult females.o Application of

o Children’s Act, 2005 (Act No 38 of 2005); ando Criminal Law (Sexual Offences and related Matters)

Amendment Act, 2007 (Act No 32 of 2007)o National Instruction on Children in Need of Care and

Protection (3 / 2010)o National Instruction on Sexual Offences (3 / 2008)

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UkuthwalaPolicing Actions and programmeso Public awareness regarding rights such as human dignity and

services available to the public are ongoing matters for the SAPS. These peak during the focus periods that include:o Child Protection Weeko Sixteen Days of Activism on no Violence Against Women and Childreno Women’s Month

o SAPS pamphlets are available and have been distributed to members of the public. These include focusing on the following subjects:o Sexual Offenceso Domestic Violenceo Victim Empowermento Children’s Act (which also urges members of the public to protect

children and report child abuse).

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Ukuthwala

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Policing Actions and programmes

oCrime codes based on existing legislation address elements of the concept of ukuthwala malpractice eg abduction

oPhenomenon of “forced marriage” can only be identified through docket analysis, not available on existing crime codes

2012 / 2013 ABDUCTION FIGURES

PROVINCE OFFENCE CASES REPORTED ARRESTS

EASTERN CAPE Abduction 116 17

KWAZULU NATAL Abduction 138 3

LIMPOPO Abduction rape 1 1

NATIONAL TOTAL 255 21

Abduction: unverified as ukuthwala- related

Gauteng Abduction(docket analysis

required to verify if ukuthwala-related)

171 Nil for ukuthwala-related

All other provinces indicate no reporting of ukuthwala incident

Nil Nil

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CHILD PROTECTION REGISTER

o The SAPS Criminal Records Centre have a system in place to ensure that the names of perpetrators of crimes against children are forwarded to the National CRC and thereafter to the Dept of Social Development-managed Child Protection Register.

o Administered from geographic Cluster to Province and finally National Office

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BUDGET

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Budget

o Budgets are apportioned into programmes/ sub-programmes (objectives structures), items/small items (economic classification) and cost centres (responsibility structure) and not according to crime types

o There is no separate budget for investigation, but a budget is allocated to the Detective Service for investigation of all cases.

o A specific figure cannot be given for a specific crime as one case docket might take more time and resources to police than another.

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Budgeto Costs incurred as a result of the performance of the police functions

imposed by legislation, for example the Domestic Violence Act, are executed using the operational budget of the South African Police Service and cannot be distinguished from the expenditure incurred during the performance of other operational functions.

o The following In-service training interventions are conducted:• First Responder to Sexual Offences Learning Programme• Sexual Offences Course for Investigators• Family Violence, Child Protection and Sexual Offences Learning Programme

o R2 500 000 has been budgeted for communication and education campaigns and events to raise awareness on violence against women and children. 18

Training in programmes related to Gender-based Violence, VEP and Vulnerable Children Learning

ProgrammeTotal Training figures for 2012/2013 in all provinces are as follows: Domestic Violence Learning Programme (DVLP) : 3521 Domestic Violence Train the Trainer (TTT) 71 Domestic Violence Workshops: 689

1st Responders to Sexual Offences: 1259 1st Responders to Sexual Offences Train the Trainer (TTT) 42

Victim Empowerment Training Programme (VETP): 2279 Victim Empowerment Train the Trainer (TTT) 24

Human Rights (Including content on assisting victims of Domestic Violence and Sexual Offences): 1233

Human Rights Train the Trainer (TTT): 22

Vulnerable Children Learning Programme : (Between 2010 & March 2013) 36 170

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