Domestic Violence Act, 1998 (Act No. 116 of 1998)Domestic Violence National Instruction 7/199914. Keeping of record of complaints against members |
| 1) | Every station commissioner must keep a record of – |
| a) | the number and particulars of complaints received against members under his or her command in respect of any failure to comply with obligations in terms of the Domestic Violence Act or these instructions; |
| b) | the disciplinary proceedings instituted as a result thereof and the decisions which emanated from such proceedings; and |
| c) | steps taken as a result of recommendations made by the Independent Complaints Directorate. |
| 2) | Every allegation of misconduct regarding an alleged failure by a member to comply with any obligation in terms of the Domestic Violence Act, the Regulations in terms of that Act or the National Instruction issued in this respect, that was received during the previous month, must be recorded on the SAPS 508-form. This return must be submitted to the relevant Area Commissioner before the third working day of each month. |
| 3) | A consolidated return on SAPS 508 must be submitted by the Area Commissioner to the Provincial Commissioner before the seventh working day of each month. The Provincial Commissioner must furnish a consolidated return before the tenth working day of each month to the provincial office of the Independent Complaints Directorate and to the Divisional Commissioner: Crime Prevention for submission to Parliament, as required by section 18(5)(d) of the Act. |
| 4) | If disciplinary proceedings against a member have not been completed, the return of the subsequent month must again contain particulars concerning the complaint. In such a case, the monthly serial number in the first column must remain the same. (Example: The February return will, once again, refer to a complaint received in January, but which was not finalized in January before the January return was completed. Such an entry must appear on the return before any new complaints that were received in February. The January complaint will keep the January serial number, example 13/1/2000.) |
| 5) | The Codes which must be recorded in column 6, are the following: |
| DS1 | Remedial steps after initial interview (not serious) |
| DS2 | Verbal warning after initial interview (not serious) |
| DS3 | Written warning (not serious) |
| DS4A | Departmental investigation (serious): still under investigation |
| DS4B | Departmental investigation (serious): guilty (state sentence) |
| DS4C | Departmental investigation (serious): not guilty |