Issued by: Department of Justice
Recent media reports relating to court proceedings in numerous rape cases have captivated the hearts and minds of many members of the public, NGO's and human rights groups. Serious allegations have also been made against the Department of Justice which is wrongly perceived in some quarters as being unsympathetic to the rights of victims of crime.
The main concerns raised are that victims are reduced to disposable witnesses in cases between the state and the accused, and that there is a general over-emphasis on the human rights of the accused and marginalisation of the human rights of the victim.
This is perhaps one of the key challenges to the Justice Department whose vision is to deliver a service which is victim-centred and responsive to the needs of the South African population, in a manner which balances the Human Rights of the victims with these of the accused.
The Department of Justice is one of the key role players in the National Prevention Strategy (NCPS), whicha re behind the Victim Empowerment Programme, an initiative focussing on the reduction of crime and ensuring the equalization of services for both victims and offenders alike. Notable amongst all such initiatives, is the envisaged introduction of a Victim's Charter which will change the face of our criminal justice system by putting more emphasis on the rights of victims of crime.
The main objectives for the introduction of the Charter is to ensure that service providers render the necessary support to certain categories of victims and move the criminal justice system from an overly adversarial system which limits the rights of victims to one which empowers victims of crime. The Gender directorate within the Department has commenced preliminary work on a Victims Charter. A Victim Empowerment Project Manager has already been appointed and a year plan for the 1999/2000 Victim Empowerment Programme is already in place.
Earlier this year, a Departmental Victim Empowerment Working Group comprising of representatives from the Ministry, legislation, South African Law Commission, Attorney General's Office, Gender and Crime Directorate, was established to facilitate and ensure that the program is prioritised, and attended to throughout the Department. This will serve to speed up extensive research and liaison with all relevant role players to develop a comprehensive Victims Charter.
The Charter lays emphasis on the following seven rights declared by most countries as representing basic rights:
The Victims Charter is but one of the many Justice Department led initiatives aimed at enhancing our criminal justice system and restoring people's confidence in our courts.
It will, in implementation in the near future also ensure an effective legal administration that is accessible, fair, just and responsive to the needs of our population, with emphasis on vulnerable groups.
The Victims Charter will according to Deputy Minister of Justice Dr Manto Tshabalala-Msimang, also cater for victims of crime with special needs like disabled people.
"In line with the Government's commitment to the empowerment of people with disabilities, as reflected in the White Paper on the Integrated National Disability Strategy, the Department of Justice has committed itself to ensure that a responsive service is also delivered to customers with disabilities.
The development of a comprehensive policy statement on victim empowerment within the scope of the Department of Justice, is also envisaged. This policy will then greatly influence national policy on victim empowerment.
SIMON NGOMANE
DIRECTOR: LIAISON AND INFORMATION SERVICES
DEPARTMENT OF JUSTICE
TEL: 012 - 315 1731
21 May 1999