Within a three-month period (at least) 64 gender-based violence (GBV) cases were struck off the court roll in the Western Cape due to police inefficiencies.
Half (32) of these cases were withdrawn as the dockets were not at court, while 29 cases (45%) were withdrawn due to an incomplete investigation. Two cases were withdrawn as the witnesses were not subpoenaed and one because the accused was not brought to court.
This is according to the second quarter report (covering July to September) of the provincial department of community safety’s (DOCS) court watching brief (CWB) unit.
The CWB unit is an initiative of the department to enhance their ability to perform oversight of the police as mandated by the Constitution.
The CWB report shows that a total of 208 cases monitored during this period at 15 courts across the province, were struck off the court roll due to police inefficiencies. There are more than 50 magistrates’ courts listed on the provincial government’s website.
Courts monitored
The courts that were monitored are, Kuils River, Bellville, Goodwood, Bishop Lavis, Khayelitsha, Mitchells Plain, Wynberg, Athlone, Atlantis, Malmesbury, Vredenburg, Ceres, George, Mossel Bay and Knysna.
The GBV related cases that were withdrawn amount to 30% of the 208 cases. The other 144 withdrawn cases include matters such as murder, aggravated robbery, possession and dealing in drugs, and possession of firearms and ammunition among others.
The CWB found of these 144 cases, 74 cases (51,4%) were withdrawn due to an incomplete investigation, while 53 cases (36,8%) were withdrawn because the dockets were not at court.
Nine cases were withdrawn because forensic reports were outstanding, six cases because the accused were not brought to court and two cases because the witnesses were not subpoenaed.
The top five police stations indicated by the report on all 208 withdrawn cases with the highest numbers of incomplete investigations, are: Atlantis (8), Kraaifontein (6), Ravensmead (6), Kuils River (5) and Ocean View (4).
The top five police stations in all 208 cases where dockets were not at court, are: Atlantis (9), Khayelitsha (7), Delft (4), Lingelethu West (3) and Elsies River (2).
Provincial minister of police oversight and community safety, Reagen Allen, said the report is a damning indictment on the police in the Western Cape.
Secondary trauma
Allen said he feel for the victims of these crimes. “These are not merely cases, but actual human beings who are now experiencing secondary trauma, due to justice being denied.
“It takes significant bravery for people who have experienced gender-based violence to come forward. For them to be let down by the system at such a basic level is incredibly distressing,” he said.
