36/1/4/1/200900222
NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO 2163
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 NOVEMBER 2009
(INTERNAL QUESTION PAPER NO 27- 2009)
Date reply submitted : 15 December 2009
Mrs D A Schäfer (DA) to ask the Minister of Police:
Whether he will consider proposing an amendment to the Domestic Violence
Act, Act 116 of 1998, to scrap the provision for exemption from internal
prosecution by SA Police Service members who contravene the Act; if not,
why not; if so, what are the relevant details?
NW2860E
REPLY:
No. Section 18(4)(b) of the Domestic Violence Act imposes an obligation on
the Police to institute disciplinary proceedings against any member who
allegedly failed to comply with an obligation in terms of the Act. Only the
Independent Complaints Directorate is empowered to direct that no
disciplinary action be taken in a specific case.
Reply to question 2163 approved by Minister