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SA: Mahlalela: Launch of the Services Charter for victims of crimes (25/04/2008)

25th April 2008

By: Creamer Media Reporter

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Date: 25/04/2008
Source: Mpumalanga Provincial Government
Title: SA: Mahlalela: Launch of the Services Charter for victims of crimes

Programme Director
The Chief Whip, Mbombela Local Municipality, Councillor M.W Nkosi
The Msogwaba Tribal Authority
The Chief Magistrate, Mr D.D Ngobeni
Members of the South African Police Service
Officials from the Department of Correctional Services
Officials from the Department of Safety and Security
Officials from the Department of Justice and Constitutional Development
Members of the National Prosecuting Authority
Distinguished guests
Ladies and gentlemen

Programme Director, ladies and gentlemen, we are gathered here today when in two to come, the people of this country will be celebrating the freedom day. We are also gathered here at a time when our country will, in a week's time be celebrating the workers day. We have also, during the last month, in Kanyamazane, celebrated the Human Rights day.

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In Kanyamazane, both the Honourable Premier and the leadership of Congress of South African Trade Unions (COSATU) raised serious concerns about some incidents of racism that are taking place in certain places of our society. We are convinced that such concerns would still be raised in the coming celebrations of the Freedom Day and the Worker's Day. The reason why our people are still raising these issues is very obvious, the majority of them have since became victims of these circumstances.

Programme Director let me share with you what I heard from Ligwalagwala FM, when listeners were asked to comment whether we should continue and celebrate the Freedom Day or we should not. The majority of the listeners, especially those staying in the rural areas were saying they do not see any change and therefore no reason to celebrate. They are saying such things because they are not enjoying the fruits or the gains of our freedom, especially their rights.

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In this very village, people are suffering from serious and violent crime. Two days ago, when the Department of Justice and Constitutional Development (DOJ&CD) was busy with the preparations for this occasion, some of the staff members were robbed of the grass cutting machines as well as their cell phones. This happened at gunpoint and as we speak, one of them is traumatised by this incident.

Two months ago, during the State of the Nation Address the President said, we must revamp the entire Criminal Justice System. Therefore, I am convinced that we are gathered here to heed to that call and to further give effect to the call of doing business in an unusual way. We all are aware that crime is rife in our areas and that our people do not enjoy the fruits of this freedom.

It is against this background that we are gathered here in order to ensure that victims of crime remain central to the criminal justice system processes. We are launching the Services Charter in order to eliminate secondary victimisation from this process, to clarify the standards of service to be accorded victims by the criminal justice system and to provide recourse when these standards are not met.

When in 2004 December, cabinet approved the South African Services Charter for Victims of Crime which contains seven victims rights: The right to information, the right to protection, the right to assistance, the right to be treated with fairness and with respect for your dignity and privacy, the right to compensation and the right to restitution addresses the needs and experience of South Africa's victims or survivors. The significant part of this charter was to instil in our national community an improved sense of security, empowerment and trust in the process that play themselves out in our courts.

Programme Director, let me reiterate that it is very important that by the time we conclude our business today everybody in this stadium must be aware that this charter is the instrument of promoting justice for all and ensuring that justice is accessible to the majority of the poor people because our ultimate goal is victim empowerment through meeting victims needs, be they material or emotional.

In order to strengthen the rights of victims contained in the charter, a document on the minimum standards on services for victims of crime was developed and would as such be distributed. This document not only outlines the basic rights and principles, but also supplies detailed information to enable victims to exercise their rights and enable service providers to uphold those rights as outlined in the charter,

The setting out of the minimum standards that a victim of crime can expect from service providers, will ensure that everyone involved in the criminal justice system is cooperating to enable victims to access appropriate services. Indeed this charter together with the minimum standards document is intended to make real government commitment to improving service delivery for victims of crime.

Programme Director, I think it is befitting that I should indicate very clear that we express confidence that with the commitment of and dedication of all role-players in the criminal justice system process, the Victims Charter will assist in the implementation of the applicable laws in such a way that it serves its purpose "making justice a reality for all".

Programme Director, Ladies and gentlemen, the crime statistics in the Kanyamazane reflects that crimes such as rape, armed robbery, attempted robbery, assault grievous bodily harm, common assault, and common robbery are rife and therefore that in itself confirms that we have more victims of crime in this area.

The question remains whether all these victims are aware of their rights and to a greater extent whether the criminal justice cluster and other state departments do have the capacity and the resources required to meet the expectations of the victims.

A year ago, in March to be specific, we together with the Minister of Safety and Security held Imbizo in this same stadium. During the Imbizo, a number of people raised serious concerns about the levels of crimes that are taking place in this area. Today we are gathered here, the same concerns are raised and we are planning to come during the next month but we must here and now send a strong message to the criminals out there that their days are numbered.

Programme Director, I am sure that we can reduce the number of the victims of crime by preventing crimes. We are convinced that we can reduce crime, only if we can all join us in the fight against crime and take back our streets. Our people are living in fear, they cannot conduct their business in an environment conducive for business, and they communities are living in fear even in their own residences because these criminals maim them now and then. We cannot allow this situation to go in the manner in which criminals want to dictate to our communities.

We all know that the South African Police Service (SAPS) are the custodians of safety and security and that through the Justice Crime Prevention and Security cluster this charter must represent the flame that will light the beacon of hope for many victims of crime. It is hoped that the Victims Charter through our implementation plans will finally dispel the notion that criminals are given more rights as opposed to victims. We are happy to note that the DOJ&CD has prioritised the implementation of the Victims Charter, as one of our core objectives for the next coming five years.

We have noted with vigour that government has created extensive policy and legislative framework that deals with crime. In particular, crimes against women and children continue to receive priority and the Domestic Violence Act and the Sexual Offences Act, are two examples that reaffirm the rights of women and children to live in a violent free society. As victims of crime, women and children are particularly vulnerable given their position in society. Therefore this charter addresses needs of victims of crimes to be given the opportunity to reclaim their dignity when they engage in the criminal justice system.

Programme Director, Ladies and gentlemen, most if not everyone here, will agree with me that at a conceptual level, victims and crime are given broad legal interpretation. Therefore this clearly demonstrates government's commitment to deal with crime as comprehensively as possible, using a multi-disciplinary and integrated approach.

As we continue to strengthen efforts to address the needs of all victims of crime either through the Victim's Empowerment programme or the Victims Charter, a central theme is our continuous approach to reform the entire criminal justice system and to work together with civil society.

It is our considered view that implementation of such programmes should be guided by the principles of Batho Pele and that service providers should be compelled to use the Minimum Standards and various other supporting policy guidelines to ensure that victims are not subjected to further victimisation.

Programme Director, we are moved by the contents of the implementation plan in a sense that it reflects the commitment and dedication of government to decisively deal with the issues of victims of crime. Amongst others, the plan sets a target of 10 000 rural residents that must be reached in order to raise awareness on the Victims Charter and Domestic Violence. It further reflects that the finalisation of the Monitoring and Evaluation would be prioritised in order to assess progress as it relates to the implementation of the charter.

As we celebrated the Human Rights Day, as we celebrate the Workers Day and as we celebrate our fourteen years into democracy, we must take serious note that government has moved away from a focus on policy and legislative enactment to implementation. As we continue to build on the success of our democracy, we must be mindful of the need to fast track the implementation. It is against this background that that in our view the implementation is significant because it sets a clear framework for engagement with the victims of crime, civil society organisations and other stakeholders.

As I conclude, let me pay respect and salute the many victims of crime who are often left without any recourse from negligent service providers. We believe that the Victims Charter and the implementation plans are the beginning of a process to finally turn the tide against crime in our country. Let us continue to sustain the flame of hope for all the victims of crime.

Let us commit ourselves to provide accessible, fair, speedy, cost-effective and quality justice for all. We conclude by calling all stakeholders to take up the baton with us in the war against crime.
"Together lets fight crime"

Issued by: Mpumalanga Provincial Government
25 April 2008

 

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