On domestic violence

led to her asking that the warrant be executed. Khanyile was nevertheless arrested that afternoon, and released on bail the following evening. When the matter came to court, however, the State declined to prosecute, saying Khanyile’s behaviour did not infringe the protection order.

When Khanyile later sued, Judge Murugasen had to decide whether his arrest was lawful given the defects in procedure.

How could Gumede have had reasonable grounds to suspect the girlfriend would suffer “imminent harm” as a result of Khanyile’s alleged breach of the order when Gumede did not have a copy of the order nor an affidavit by her explaining how he had disobeyed the order? Without this basic information could Gumede have acted “as a prudent and reasonable” police officer in making the arrest?

Judge Murugasen agreed that the police officer should have had the relevant documents before making the arrest.

But why were Gumede and others in his position still not being given training about how to deal with protection orders and avoid such basic mistakes, she asked.

Gumede made what the judge called a very valid comment: police were frequently criticised for not acting quickly in matters of domestic violence. Quoting a recent case, she said Gumede was correct that because police failed to act urgently, women became victims of serious acts of violence despite obtaining protection orders.

Untrained police weren’t able to appreciate the role they were required to play or to balance the rights of the parties involved. This also affected the interests of the public who were at risk of unlawful arrest and detention as in this case. In addition, “public resources are depleted as a result of litigation” following unlawful police conduct.

Khanyile sued the minister and Gumede jointly, but the judge said because the police officer had not been trained in domestic violence laws it would be unfair to order that he should contribute towards whatever compensation Khanyile is awarded in a later hearing.

As the judge pointed out, it’s unacceptable that police aren’t trained in how to deal with this law. All those women needing protection against violent partners are let down by this failure. And in addition, funds that could be used elsewhere are gobbled up in litigation when the police make mistakes.

carmelrickard.posterous.com