Program Director
The Acting Judge President of the Free State Division of the High Court, Judge Rampai
Hon Mayor of Phumelela Municipality, Cllr Motaung
Heads of the Partner-Departments and Institutions
Esteemed representatives from Faith Based Organisations, Churches, Civil Society and NGOs
The Local Crime Victims’ Rights Week Organising Committee
The Provincial and National Members of the inter-Departmental Committee on the implementation of the Service Charter for Victims of Crime in South Africa
Dedicated activists in victim empowerment,
Colleagues and friends,
Ladies and gentlemen from the community of Vrede
Good afternoon, goeie middag, sanibonani, dumelang. It is a great pleasure for me to be here today with the people of Vrede. I greet you all and thank you for supporting our call to attend the National Launch of the 2013 Crime Victims’ Rights Week. Crime Victims’ Rights Week is a National Campaign informing victims of crime about their rights and generally raising awareness about victims’ rights in the broad sense, so as to empower victims and communities.
It gives me great pleasure to be part of this collaborative event which is a joint programme of the Departments of Justice and Constitutional Development, Correctional Services, Health, Social Development, the National Prosecution Authority, the South African Police Service, the Commission on Gender Equality, Faith-based Organizations, and civil society.
The 2013 Crime Victims’ Rights Week is planned to once again highlight the commitment of government departments in making South Africa a country where “All are and Feel Safe”. Most importantly, this year’s Crime Victims’ Rights Week marks the beginning of a new partnership between government and faith-based organisations to root out crime from our communities, particularly sexual violence and the gender-based violent crimes.
Our religious-based institutions are key stakeholders in the fight against crime and violence and in offering support to victims of crime. As government, we understand that we cannot win the battle against crime without the support of the religious sector and general civil society.
The aim of this event is for the department, in partnership with the JCPS Cluster Departments and Institutions to focus on acknowledging the experiences of victims of crime and advocating for community awareness of victims’ rights.
Today’s event demands us to take yet another pause to reflect on what we have done to create a criminal justice system that is victim-centred. Today’s launch gives us an opportunity to look at inter-departmental performance to identify successes and shortfalls, and to chart the way forward on how we can the strengthen that which works, correct what doesn’t work, and start what needs to be started, in order to improve our services to our people.
It must be noted that the National Launch of the Crime Victim’s Rights Week is not only a week-long event, but is the day-to-day work of government to ensure a sustainable victim-centred criminal justice system that is prompt, easily accessible and effective. All the departments and institutions within the JCPS Cluster are obliged to ensure that, at the level of their individual mandates, victims of crime enjoy their rights set out in the Victims Charter. The aim is also to ensure that our religious institutions actively participate in government’s endeavours to promote the Victims’ Charter.
And the people of Vrede have experienced crime and been victims of crime. The statistics received from the South African Police Service for the year ending March 2012 show that, in Vrede, there were, amongst others, 3 murder cases, 29 sexual crimes, 4 attempted murders, 50 assaults with the intent to inflict grievous bodily harm and 26 robberies with aggravating circumstances.
There were also 53 cases of malicious damage to property, 9 culpable homicides, 3 cases of arson, 3 cases of illegal possession of firearms or ammunition, 111 cases of stock theft, 73 burglaries at residential premises and 29 drug-related crimes.
Victims of crime are at the centre of our criminal justice system. It is for this reason that we have a Victims’ Charter. The Victims Charter was approved by Cabinet on 1 December 2004 and it is a consolidation of rights from the Constitution and other legislation. It contains seven rights, namely the right to dignity and privacy, the right to offer information and the right to receive information, the right to protection, the right to assistance, the right to compensation and the right to restitution. If you have been a victim of crime you are entitled to the make use of these rights.
The Victims Charter was developed to strengthen the Victim Empowerment ‘arm’ that forms part of the National Crime Prevention Strategy. It is an action tool that is intended to bridge the gap between our laws and service-delivery. In other words, ‘paper’ law will remain meaningless without initiatives to transform it into actions that impact on crime reduction.
The Victims’ Charter is an important instrument for promoting justice for victims of crime in South Africa. Since 1994, and in an effort to cultivate a human rights culture, the focus has gradually shifted from an adversarial and retributive criminal justice system to a more restorative approach to justice. Central to the concept of restorative justice is the recognition of crime as more than an offence against the state, but also as an injury or wrong done to another person.
If you have been a victim of crime, the following rights, as contained in the Constitution and relevant legislation, will be upheld during your interaction with the criminal justice system. Firstly, you have the right to be treated with fairness and respect. This means that you have the right to be attended to promptly and courteously, treated with respect for your dignity and your privacy by all members of any department, institution, agency or organisation dealing with or providing a service to you.
The police (during the investigations), the prosecutors and court officials (during preparation for and during the trial), as well as all other service providers will take measures to minimise any inconvenience to you by, for example, conducting any interviews with you in your language of choice and in private, if necessary.
Secondly, you have the right to offer information. This means that the police, the prosecutor in the case and correctional services official will take measures to ensure that any contribution that you wish to make to the investigation, prosecution and parole hearing is heard and considered when deciding on whether to proceed with the investigation, or in the course of the prosecution or Parole Board hearing.
This right means that you can participate, if necessary and where it is possible, in criminal justice proceedings, by attending the bail hearing, the trial, sentencing proceedings and/or the Parole Board hearing. It also means that you will have the opportunity to make a further statement to the police if you realise that your first statement is incomplete.
You may also, where appropriate, make a statement to the court or give evidence during the sentencing proceedings to bring the impact of the crime to the court’s attention. Furthermore, you may make a written application to the Chairperson of the Parole Board to attend the parole hearing and submit a written input.
If you are a victim of crime, you have the right to receive information. This means that you have the right to be informed of your rights and how to exercise them. You can, as part of this right, ask for explanations in your own language of anything you do not understand. You have the right to receive information and to be informed of all relevant services available to you by service providers.
You will be informed of your role in the case and of the approximate duration of the case. You can request information regarding court dates, witness fees and the witness protection programme. You can request to be informed of the status of the case, whether or not the offender has been arrested, charged, granted bail, indicted, convicted or sentenced.
You may request reasons for a decision that has been taken in your case on whether or not to prosecute. You can request to receive notification of proceedings which you may want to attend and you can also request the prosecutor to notify your employer of any proceedings that necessitate your absence from work.
Fourthly, you have the right to protection. This means that you have the right to be free of intimidation, harassment, fear, tampering and abuse. If you are a witness, you must report any such threats to the police or senior state prosecutor. The police will, if you comply with certain requirements, apply for you to be placed in a witness protection programme.
If you are placed in a witness protection programme, you will be protected as far as possible, from all forms of undue influence, harassment or intimidation. This will ensure your safety as a witness and the availability of your testimony, and prevent you from withdrawing from giving evidence as a result of undue influence. This right includes that, in certain circumstances, the court may prohibit the publication of any information (such as your identity), or it may order that the trial be held behind closed doors. You can also request Correctional Services to inform you if the offender has escaped or has been transferred.
Fifthly, you have the right to assistance. This means that you have the right to request assistance and, where relevant, have access to available social, health and counselling services, as well as legal assistance. The police will assist you by explaining police procedures, informing you of your rights and making the appropriate referral to other relevant service providers.
The office manager or head of office at the court will provide for the services of an interpreter. The prosecutor will ensure that special measures are taken in the case of sexual offences, domestic violence and child support or maintenance matters and that, where available, such cases are heard in specialised courts. I will say a little more on sexual offences and domestic violence in a moment. If you have special needs, all service providers will, within the scope of their functions, take all reasonable steps to accommodate you and ensure that you are treated in a sensitive manner.
Furthermore, you have the right to compensation. You have the right to compensation for any loss of or damage to property suffered as a result of a crime being committed against you. You can request to be present at court on the date of sentencing of the accused and request the prosecutor to apply to court for a compensation order in terms of section 297 and 300 of the Criminal Procedure Act. “Compensation” refers to an amount of money that a criminal court awards the victim who has suffered loss or damage to property, including money, as a result of a criminal act or omission by the person convicted of committing the crime. The prosecutor will inform you if a compensation order has been granted, explain its contents and how to enforce it.
Finally, you have the right to restitution. You have the right to restitution in cases where you have been unlawfully dispossessed of goods or property, or where your goods or property have been damaged unlawfully. “Restitution” refers to cases where the court, after conviction, orders the accused to return your property or goods that have been taken from you unlawfully, or to repair the property or goods that have been unlawfully damaged, in order to restore the position you were in prior to the commission of the offence. The prosecutor will inform you what restitution involves and the clerk of the court will assist you in enforcing this right.
Ladies and gentlemen, we ought to take pride in our democracy that promotes the spirit of collaboration and support across all sectors. As a country, we have a Constitution that has globally positioned us as one of the most advanced Constitutions in the world. It expressly affords all victims of crime with internationally-recognised human rights, rights that entrench the culture of equality, human dignity, privacy, access to information, and access to justice within the criminal justice system.
These are the rights that form the basis on which the Victims’ Charter was founded. In practical terms, the Charter serves as a powerful tool to convert the Constitution into a living instrument of law to all victims of crime.
Several government departments are working together to build a victim-centred criminal justice system to deal with possible secondary victimisation.
Programme Director, please allow me to briefly enumerate our collective successful triumphs that mark government progress in the execution of the victim empowerment programme and the Victims’ Charter.
The Department of Justice and Constitutional Development has recently commenced with the re-establishment of Sexual Offences Courts. The resuscitation of these courts is necessitated by the realisation that the victims of sexual offences cannot be treated like victims of all other crimes because of their unique experiences and special needs, which if not attended to, may result in more trauma or in a travesty of justice for them.
These courts will be dedicated to handling sexual violence matters only. They will be built in such a way that children and victims get the necessary care, respect and support when they go to court. For example, at these courts, there will be a waiting room to make sure that the woman or the child who is a victim of e.g. rape, does not come into contact with the accused.
Toys are also available to make sure a relaxed atmosphere is created for a child. Television systems will be used to make sure that evidence by the victim is given in a comfortable way. Two of the main achievements of the Sexual Offences Courts will be an increase in conviction rates and a decrease in turnaround time from the date of report to the police up to the finalisation of the case.
We have seen a rise in sexual violence against women and children. We cannot remain unmoved as government, but we can take steps to ensure that all those perpetrators of these heinous crimes be brought to book. This is one of the ways of dealing with it.
The re-establishment of our country’s sexual offences courts will ensure the protection of victims of sexual offences. We need to continuously send the message that sexual abuse and sexual violence will simply not be tolerated in our society.
After the official hand-over of the investigation report to the Minister by the Ministerial Advisory Task Team on the Adjudication of Sexual Offences Matters in August 2013, our department has ensured that the recommendations made by the Task Team are executed without delay. On the 23 August 13, the Minister launched the very first Sexual Offences Court in Butterworth that has been upgraded in terms of the new Sexual Offences Courts Model.
The Palm Ridge regional court has already been upgraded into a Sexual Offences Court. At the end of this month, we will add 2 more courts to our new list of Sexual Offences Courts. The plan is to establish 57 Sexual Offences Courts throughout the country in 3 years, as part of Phase 1 of the project. At least 22 sexual offences courts will open this year and a further 35 such courts will be set up within the next three years. 106 regional courts have already been identified for upgrading in Phase 2.
Since the previous financial year, the National Register for Sex Offenders has recorded a notable increase of registrations of sex offenders. This is a register that keeps the names of all people who have been found guilty of sexual crimes. If their names are on the register, it means that they will not be allowed to work with children. As at 31 March 2012, registrations stood at 2 340, and on 31 August 2013, the number totalled 5 954, of which 2 201 are historical convictions.
In the area of domestic violence, the Department of Justice, the NPA, and the National House of Traditional Leaders collectively designed the Safety Plan for Victims of Domestic Violence, which will be launched in this financial year. The Personalised Safety Plan encourages victims to plan for their safety whilst they are living in violent domestic relationships so as to minimise any risk. Safety Planning is therefore a preventative initiative intended to reduce the rising figures of domestic homicides in our country.
Let me say a bit more about Domestic Violence. According to the Domestic Violence Act of 1998, domestic violence is any form of abuse which includes physical, sexual, emotional, psychological or economic harassment, damage to property, stalking, entry into a person's property without their consent, any other abusive or controlling behaviour where such a conduct causes harm or may cause harm to your health, safety, or well-being. If these forms of abuse are happening to you or to anyone you know, you can apply for a protection order.
A domestic violence protection order is a document issued by the court which prevents the abuser from committing an act of domestic violence, prevents the person from enlisting the help of another person to commit any such act, prevents a person entering a residence shared by the complainant and the respondent or entering a specified part of such a shared residence, it prevents somebody entering the complainant’s residence or entering the complainant’s place of employment.
Who can apply for a protection order? Anyone who is or has been abused; a minor, who may lodge an application unassisted or any person who has an interest in the life of the complainant may apply for a protection order. A counsellor, health care worker, police member, social worker or teacher may also apply, with the written consent of the complainant, unless the complainant is a minor, a mentally retarded person, unconscious or if the court is satisfied that he or she is unable to give the required consent.
The department has recently developed Awareness Raising Material in Braille for the blind court users to ensure equitable access to justice. These have been developed to promote victims’ rights in the areas of Domestic Violence Act, Children’s Act and the Maintenance Act.
We have also recently conducted a door-to-door campaign on building awareness about Trafficking in Persons in the surrounding rural communities of the Mpumalanga border gates. More than 2 000 families were reached. The aim was to assess the level of knowledge of human trafficking among those communities.
Booklets on the Frontline Services Guide on Managing Human Trafficking and Related Crimes have been distributed to all Cluster Departments. This Booklet maps out services that are available at every service point in the chain of Trafficking in Persons. This is to ensure that service providers know who does what, when and how.
The SAPS have established the Family Violence, Child Protection and Sexual Offences Units and victim-friendly rooms in police stations to provide a more sensitive environment for victims of sexual violence to report the matter without fear of victimisation. As at June 2012, SAPS has successfully established, at selected police service points, 951 Victim Friendly Rooms for victims of serious and violent crimes. These sites include police stations located at airports and railway points.
The Family Violence, Child Protection and Sexual Offences Units have also been established at police stations around the provinces, ensuring that victims are interviewed in private and calm atmosphere by police officers who are appropriately sensitised and trained to deal with traumatic crimes that take place in public and private sphere within the context of family or sexual violence.
Another important role-player in the criminal justice system is the Department of Social Development. The Department of Social Development continues to establish the Khuseleka One Stop Centres to offer victims of gender-based violence a range of integrated services that include psycho-social support, medical care and shelter services. As Cluster representatives, we include with pride the successful establishment of the 8 One Stop Centres by the DSD. These Centres are available for all victims of crime for the purpose of providing counselling services.
With regards to the National Prosecuting Authority, we remain proud of your resilience to keep the ground-breaking model of Thuthuzela Care Centres moving against all odds. The 51 TCC’s you have successfully established have put South Africa on the international map of best practices in victim empowerment, and we ought to move as a collective to fight for their continued existence for the benefit of the crime victims. A time has arrived for us to increase our support for each other, for the betterment of our victims.
The NPA’s continued provision of court preparation services for victims of sexual violence at our courts certainly gives us reason to celebrate today. These services have tremendously reduced secondary traumatization, increased willingness to testify among victims, and most importantly, improved the quality of victims’ performance in court, which often leads to higher conviction rates.
In 2011, the NPA’s Court Preparation Programme received the recognition of its achievements in having succeeded to assist 68 962 victims of crime. As at December 2011, the NPA had a total of 138 Court Preparation Officers spread around our courts. It is further reported that Court Preparations Officers have increased their services from an average of 75 to 225 witnesses per month per officer.
Finally, we must stress the importance of the community in fighting crime. The police and the courts cannot fight crime alone. We must take hands and fight crime together, we need the community, government and all stakeholders such as our religious institutions. Our religious institutions can assist us greatly by way of initiatives such as Victim Support Groups which play a crucial role in empowering victims.
The community can assist us by reporting crimes and providing information to the police, this is especially important when it comes to issues such as the investigation of cases and bail applications. Let me say something on the topic of bail. We know there are people in our communities who are concerned about bail, as often, accused persons commit more crimes while they are out on bail. Bail is not easily granted.
For serious crimes such as murder, robbery and rape the accused is supposed to be detained while awaiting trial. In exceptional circumstances and if it is in the interest of justice such a person may be released on bail. And the onus to prove these exceptional circumstances is on the accused. The prosecutor must know whether the accused has a criminal record, whether they have committed other crimes, what their ties to the community are, whether there is a chance that they will interfere with other witnesses, whether or not they are employed or if they have a fixed address.
All these facts have to be placed before the magistrate when the magistrate has to decide whether or not to grant bail. This is where the community has an important role to play as the community can assist by taking this information to the prosecutor or the investigating officer in the case.
Since the birth of our democracy in 1994, the living conditions of the majority of our people have undergone significant change in rural and urban areas. Many now have access to housing, water, electricity, education, social services, healthcare and other services. As government we are encouraged by these developments, but believe that more still needs to be done. The ANC-led Government is committed to creating a caring society and it is committed to creating a better life. We believe that by fighting crime, and by supporting and empowering our victims of crime, we are creating a caring society and a better life for all our people.
I thank you.
