Enhancing Senior Citizen Safety: Legislative Mandates and Framework
Over the years, senior citizen parliaments have highlighted safety challenges faced by the elderly, especially within the criminal justice system. This presentation delves into the legislative mandates, frameworks, and integrated roles in ensuring the safety and security of older persons. It emphasizes the importance of proper investigation and prosecution of crimes against senior citizens, aiming to improve their protection and well-being.
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PRESENTATION TO SENIOR CITIZENS PARLIAMENT GLENCOE TOWN HALL 30 SEPTEMBER 2022 GROWING KWAZULU-NATAL TOGETHER 1
GROWING KWAZULU-NATAL TOGETHER Report overview 1. Introduction/ Background 2. Legislative Mandates & Framework 3. Integrated Legislative Roles on Safety & Security 4. Systems in Place 5. Older Persons Act & Amendment Bill 6. SAPS Systems in Place in Response to OPA . 7. Conclusion 3
GROWING KWAZULU-NATAL TOGETHER Introduction Over the past few years of engagement in the sector parliaments for senior citizens has successively raised concerns over the challenges faced by the elderly pertaining to safety with regard to the criminal justice system. Key focal areas have been Non prioritization of the cases involving senior citizens; Lack of privacy in the police stations particularly interviewing rooms for those who have been exposed to criminal acts thus exposing the senior citizens to secondary victimization; 4
GROWING KWAZULU-NATAL TOGETHER Introduction The length of the sentences given to the people who had committed crimes against the elderly. However, in today s sitting, the department has has been requested by this year s Parliament to make a presentation on Protection of Senior Citizens , Properly investigated crimes against them and speedy prosecution thereof.. 5
GROWING KWAZULU-NATAL TOGETHER Legislative Mandates Three branches of the State = Executive (President, Premiers, Ministers & MECs, Mayors) + Legislature (Parliament and Provincial Legislatures) + Judiciary (Courts) Three spheres of Government = National (President) + Provincial (Premier) + Local (Mayor) SAPS + Civilian Secretariat + Judiciary = national sphere Department of Community Safety & Liaison and Metro Police = provincial / local sphere Principles of cooperative governance and intergovernmental relations require cooperation across spheres & branches 6
GROWING KWAZULU-NATAL TOGETHER Legislative Mandates THE CONSTITUTION OF THE RSA Section 206(1) Determine the policing needs and priorities of the province Section 206(3)(a) Monitor police conduct Section 206(3)(b) Oversee the effectiveness and efficiency of the police service, including receiving reports on the police service Section 206(3)(c) Promote good relations between the police and the community 7
GROWING KWAZULU-NATAL TOGETHER Legislative Mandates THE CONSTITUTION OF THE RSA Section 206(3)(d) Assess the effectiveness of visible policing Section 206(3)(e) Liaise with the Cabinet member responsible for policing with respect to crime and policing in the province Section 206(5)(a) Investigate, or appoint a commission of inquiry into, any complaints of police inefficiency or a breakdown in relations between the police and any community Section 206(5)(b) Make recommendations to the Cabinet member responsible for policing 8
GROWING KWAZULU-NATAL TOGETHER Integrated Legislative Roles on Safety and Security 9
GROWING KWAZULU-NATAL TOGETHER Systems In Place The department offers the following services in line with its mandates: Provision of Civilian oversight of the police service (i.e. conducting follow up on the implementation of interventions in the Police Stations evaluated, conducting follow up on the implementation of interventions on Domestic Violence Compliance Audit conducted, Investigation of complaints against SAPS, Case review / court watching brief). 10
GROWING KWAZULU-NATAL TOGETHER Systems In Place Community Police Relations and Partnerships (Assessment, support and capacitation of Community Safety Structures such as Community Policing Forum, Youth Crime Prevention Desk, Community Safety Forum and KwaZulu Natal Community Crime Prevention Associations. Safety promotion that targets Crime Prevention Initiatives which includes programmes: Vulnerable groups, Youth Crime Prevention, Rural Safety, Public Participation and Communities in Dialogue (CiDP). Qualitative and evidence-based research (i.e. Provincial safety research, development of monitoring tools and safety models). 11
GROWING KWAZULU-NATAL TOGETHER Systems In Place KZN Provincial Safety Strategy The Provincial Safety Strategy represents the KZN Provincial Government s concerted drive to streamline and integrate programmes which will lead to targeted and sustained interventions in problem areas. This strategy places renewed emphasis on the relevance of a united, multi- pronged approach in responding to crime. The purpose and central objective of this strategy is to set the direction for continuous improvements in community safety and to provide a collaborative platform for different agencies to make KZN a safer place to live, work and visit. Integrated Crime and Violence Prevention Strategy(2022) The Integrated Crime and Violence Prevention Strategy (06 March 2022) recognizes that socio economic contributors to the risks associated with crime and violence go far beyond the scope of the mandate of the South African Police Service. It aims to promote the implementation in an integrated, developmental, collaborative, knowledge and evidence-based approach to the prevention of crime and violence in South Africa. 12
GROWING KWAZULU-NATAL TOGETHER Older Persons Act ( Act 13 of 2006) Section 30 of the Act provides that any person who abuses an older person is guilty of an offence. Any conduct or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress or is likely to cause harm or distress to an older person constitutes abuse of an older person. 'Abuse' includes physical, sexual, psychological and economic abuse and- a) 'physical abuse' means any act or threat of physical violence towards an older person; b 13
GROWING KWAZULU-NATAL TOGETHER Older Persons Act ( Act 13 of 2006 ) b)'sexual abuse' means any conduct that violates the sexual integrity of an older person; 'physical abuse' means any act or threat of physical violence towards an older person; c) 'psychological abuse' means any pattern of degrading or humiliating conduct towards an older person, including- (i) repeated insults, ridicule or name calling; ( 14
GROWING KWAZULU-NATAL TOGETHER Older Persons Act ( Act 13 of 2006 ) ii) repeated threats to cause emotional pain; and (iii) repeated invasion of an older person's privacy, liberty, integrity or security. The Act provides for a procedure to bring alleged offenders before court, with the assistance of the police, and for powers of the court to issue orders to prevent further abuse. In terms of section 33, penalties upon conviction range between imprisonment of one and fine years. 15
GROWING KWAZULU-NATAL TOGETHER Older Persons Act ( Act 13 of 2006 ) Any person who suspects that an older person has been abused or suffers from an abuse-related injury must immediately notify a police official of his or her suspicion. A person who fails to report abuse is guilty of an offence. On receipt of a notification, the police official must inform DSD of the alleged abuse or, if he or she is satisfied that it will be in the best interests of the older person if the alleged offender is removed from the home or place where the older person resides, act in terms of section 27. Section 27: A police official who is satisfied that it will be in the best interests of the older person if the alleged offender is removed from the home or place where the older person resides, must issue a written notice to the offender which calls upon the alleged offender to leave the home, to appear at a magistrates court the next day to advance reasons why he or she should not be permanently 16 prohibited from entering the home.
GROWING KWAZULU-NATAL TOGETHER Systems in place in response to Chapter 5 of OPA 13 of 2006 S SAPS as a Law enforcement agency recognises that senior citizens are the critical members of the society and their protection as stipulated in the Older Persons Act is vital In putting this in practice the SAPS Department has and is doing all in its powers to ensure that the elderly citizens are properly treated within their service centres and this has been actioned through the following measures : Provision of training to the officials in the in respect of Older Persons Act; to ensure that the elderly citizens are treated fairly within the services Implementation of the Act directive has been disseminated to all police stations and monitoring is ongoing Ensuring that Community Service Centres and FCS members are implementing the Act Having the electronic version found on the SAPS communication systems for easy reference Ensuring compliance inspections and visits are conducted to monitor its functionality 17
GROWING KWAZULU-NATAL TOGETHER Legislative Framework Use of the complaints management system that is in operation in all police stations to report all the wrong doing that the senior citizens experience within the police stations as the tool is used to monitor the implementation of the ACT particularly ill treatment of the senior citizens in a police station. In the process of implementing the Act the SAPS would like to acknowledge some of the shortfalls with one amongst them being the late reporting of cases and complaints. This in turn makes it difficult to speedily trace the cases of violations where instances have been reported late. In some instances the elderly may not feel treated fairly within the police stations. This however does not in any way mean that cases involving senior citizens are given less preference, though there is no specific systematic categorisation in place, an analysis has been done for the 24 months being 2019-2021 to assess performance, inform planning and interventions 18
GROWING KWAZULU-NATAL TOGETHER SAPS Systems in place in response to Chapter 5 of OPA Shortfalls in implementation Currently SAPS system does not cater for the elderly / senior citizen crime code however whenever there is an elderly person s case reported, SAPS gives preference and speedily attends to the said elderly person and their reported cases. Particular care is taken in respect of senior citizens when issuing the progress report -SAPS 429(b) which is an official standardised form (SAPS 429(b) issued to complainants regarding the status of the case until the case is finalized). Extra explanation is made so they fully understand the progress given and the meaning/reason of the SAPS429(b). 19
GROWING KWAZULU-NATAL TOGETHER SAPS Systems in place in response to Chapter 5 of OPA Shortfalls in implementation This form is handed to persons staying with the senior citizen in cases where the senior citizen is in a fragile state and cannot understand. The following slides will provide a brief overview of the systems in place as put by various departments within the Criminal Justice system in the quest to ensure the safety and the rights of the senior citizens are protected within. 20
GROWING KWAZULU-NATAL TOGETHER Systems in place in response to Chapter 5 of OPA 13 of 2006 Privacy in the police station The SAPS has also ensured that there are Victim Friendly Facilities in the police stations so as to ensure that there is privacy for those who are victims of crime inclusive of senior citizens. These rooms are administered under the leadership of the SAPS member responsible for domestic violence jointly with social workers deployed by DSD and social crime volunteers deployed by the Department of Community Safety and Liaison. Currently there are 90 social workers, 56 volunteers deployed in the Victim Friendly Facilities. 21
GROWING KWAZULU-NATAL TOGETHER Systems in place in response to Chapter 5 of OPA 13 of 2006 Maximum sentence for abusers Whilst the Act is about the safety of the senior citizens, the custodians are the Department of Social Development, in attending to the concern raised by the senior citizens on the review of section 33 of the Act (on sentences), the department made a submission to the DSD to submit the request for the reviewal in the 2021/22 financial year. 22
GROWING KWAZULU-NATAL TOGETHER Older Persons Amendment Bill of 2022 The Older Persons Amendment Bill was published on 11 March 2022 A number of challenges in relation to the implementation of the principal Act have been experienced. Chief amongst these were the institutional, coordination mechanisms and compliance measures. Poor coordination and inter-sectoral collaborations impacted negatively on the provision of services to older persons. The purpose for the Older Persons Amendment Bill, 2022 ( Bill ) is to ensure that older persons are provided with quality services and are afforded the necessary protection by society, including community-based and residential care facilities. 23
GROWING KWAZULU-NATAL TOGETHER Older Persons Amendment Bill of 2022 The Bill seeks to insert new provisions relating to the monitoring and evaluation of all services to older persons, makes provision for the removal of older persons to temporary safe care without a court order and tightens up the existing implementation and compliance measures. Section 33 is among the sections that the Bill seeks to amend. 24
GROWING KWAZULU-NATAL TOGETHER Conclusion As stipulated in the legal framework above the safety and projection of the rights of the senior citizens is a collective responsibility. Each party has a role to play in ensuring that the Act is implemented in a fair and progressive manner that will ensure the safety of the elderly. With all the laws in place, still it is not something unheard of to have the senior citizens said to have experienced ill-treatment in a police station. Hence the ongoing monitoring and satisfaction surveys conducted by the department. In circumventing this, the JCPS departments are working with other stakeholders to continuously conduct integrated educational programmes to address the issues of senior citizens. 25
