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THE CO-ORDINATING DIRECTORATE: RESPONSIBLE DIRECTORATES:
GENDER DIRECTORATE COURT SERVICES: VULNERABLE GROUPS
Email: [email protected] Email: [email protected]
PUBLIC EDUCATION AND COMMUNICATION
Chapter 5DEPARTMENT: JUSTICE & CONSTITUTIONAL DEVELOPMENT
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18
MESSAGE OF SUPPORT
Advocate Menzi SimelaneDirector-General
Message of Support
The Department of Justice and Constitutional Development (hereafter referred to as the Justice
Department), as lead agency for the Victims’ Charter, would like to congratulate all government
departments and civil society organisations who have worked assiduously to complete the
implementation plans for the Victims’ Charter. Among all government departments, the role
of the Department of Social Development should be singled out, as it is the lead agency for
victim empowerment. Working together, both lead agencies can finally claim to have put victims
issues firmly on the country’s agenda. The complementary role of both departments should be
clear: victim empowerment aims to provide services to victims so as to deal with the trauma
of crime. The Victims’ Charter, as part of victim empowerment, articulates the legal framework
for victims to assert their rights in the criminal justice system.
The mandate of the Justice Department in respect of the Victims’ Charter is clearly defined by
the Justice, Crime and Prevention Strategy. Its responsibilities are to:
The Justice Department is in an inimitable position. As lead agency, it has overall responsibility
for the Victims Charter among five government departments: the South African Police Service
(SAPS), the National Prosecuting Authority (NPA), the Department of Health (DOH), the
Department of Correctional Services (DCS) and the Department of Social Development
(DSD). However, it is also a key department for implementing the Victims’ Charter through the
courts. In the Justice Department, this dual role was allocated to two different directorates.
The Department therefore created an internal institutional arrangement to fulfil both roles.
Impl Plan ver21.indd 18 11/15/07 2:29:58 PM
19
SERVICE CHARTER FOR
VICTIMS OF CRIME
NATIONAL IMPLEMENTATION PLAN
In fulfilment of its mandate, the Justice Department relies on
cooperative partnerships with government departments and
civil society organisations. Clearly, the Department cannot
turn the tide against victimisation in our society on its own.
By creating an enabling legal framework with the Victims’
Charter, it is vital to ensure that rights are not abstract to
victims. Drawing from the Constitutional mandate (section 234)
that gives Parliament authority to enact charters, the Victims’
Charter is also in fulfilment of government’s international
obligations. South Africa ratified the UN Declaration of the
Basic Principles of Justice for Victims of Crime and Abuse
of Power, 1985, and developed its own Victims’ Charter.
This Victims’ Charter is specific to the South African context
– from apartheid legacy to new-born democracy. It challenges
the historic perception that criminals have more legal rights
than victims and it demands of victims to assert their rights,
while fulfilling their responsibilities. Given this context, the
implementation of the Victims’ Charter is a mammoth task for
government and civil society.
Partnerships with civil society organisations are a conduit
for understanding what challenges impede access to victims’
rights. The inclusion of submissions from non-governmental
organisations (NGOs) and community-based organisations
(CBOs) in the Implementation Plan, is an important part of the
Department’s responsibility of responding to the challenges
of implementation. The success of the Victims’ Charter can
only be determined by all sectors of society working together
– from business to community organisations. All role-players
need to understand their individual and collective responsibility
as citizens, communities and a nation.
Importantly, role-players need to act responsibly when
engaging with the Implementation of the Victims Charter.
As government departments, service providers responsible
for implementation already operate under Batho Pele
principles, but they also require additional training and support.
Service points such as police stations, courts, hospitals and
correctional facilities should be equipped to provide a private
and safe environment for victims. Overall, the responsibility
of role-players should be to enforce the Constitutional and
legal rights of victims (i.e. the Victims Charter) and eliminate
secondary victimisation within the criminal justice system.
The approach should be to work together as stakeholders
and not as adversaries. All role-players must hold each other
accountable, but they should do so responsibly.
The goal of the Justice Department is to provide accessible, fair,
speedy, cost-effective and quality justice for all. It is committed
to attaining this goal and calls on all stakeholders to take up
the baton and join it in the war against crime.
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20
DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
1. The right to be treated with fairness and with respect for dignity and privacy:
In order for the Criminal Justice System to provide prompt and courteous service to victims of crime, the following administrative
measures need to be implemented: Improvement and re-engineering of Case flow and Case management; Redesigning of Work
flows and process designs to improve service delivery.
In order to protect the victims’ right to privacy and to ensure that the victim understands the processes and to be able to
participate, the following will be effected: Language services available; Equipments to communicate with child victims; Other
equipments for people with disabilities; CCTVs, One-way Mirrors etc, Victim Friendly Facilities and accommodation; Transportation
and Clothes for victims of sexual offences.
2006/2007
Strategic objective: To implement measures aimed at continuous reform of the criminal justice systemTo promote the equal enjoyment of all the rights and freedoms guaranteed in the Constitution To ensure equitable criminal justice through recognising, protecting and balancing the rights of both victims and accused personsTo set service standards for victims of crime to ensure that victims remain central to the Criminal Justice System to ensure that secondary victimisation is eliminatedTo provide for the consolidation of the present legal framework in South Africa relating to the rights of and services provided to victims of crime
Action Deliverables Milestones Budget Other resources
Conduct a victimsatisfaction survey
Report on the surveyInput into Criminal Justice Review process
Survey questionnaires and interviews with victims
R100 000 Partnership with Tertiary institutions, civil society organisations
Partnership with members of the Judiciary and Prosecution on peer training to improve service for victims of crime
Workshops, Seminars and ColloquiumsReports
Members of the Judiciary & prosecution attending the seminars and workshops
R1 000 000 Cooperation from NPA, LCMC, JSC, JOASA, ARMSA, Justice College, LRG etc
Awareness programs on Victims’ Charter held for employees
Awareness sessions held for various employees to sensitise them on the Victims’ Charter
Court managers organising the sessions
R900 000
Law reform to promote and protect victims rights
Promotion and promulgation of the Sexual Offences Act
Legislation implemented R100 000 Parliament
Alignment of VC related activities to all court processes
Court processes and procedures simplifies to ensure speedy resolution of cases
Improved court work flows and case management, especially in rape cases
R3 000 000
Impl Plan ver21.indd 20 11/15/07 2:30:00 PM
21
SERVICE CHARTER FOR
VICTIMS OF CRIME
NATIONAL IMPLEMENTATION PLAN
2007/2008
Action Deliverables Milestones Budget Other resources
Feedback sessions to the public on outcome ofvictim satisfaction survey and interventions
Feedback sessions: pamphlets, posters, workshops, community radio talk shows
Report R900 000 Partnership with Tertiary institutions, civil society organisations
Audit court official’s understanding of the implications of the Victims’ charter
Audit report Questionnaire on training needs and challenges in service delivery
Existingresources
Partnership with members of the Judiciary and Prosecution on peer training to improve services for victims of crime
Orientation of members of the Judiciary and Prosecution.
Workshops, Seminars and ColloquiumsReports
Members of the Judiciary & Prosecution attending the seminars and workshops
R500 000 Cooperation from NPA, LCMC, JSC and Justice College
Awareness programs on Victims’ Charter held for employees
Awareness sessions held for various employees to sensitise them on the Victims’ Charter
Court managers organising the sessions
R900 000
Law reform to promote and protect victims rights
Promotion and promulgation of the Sexual Offences Act
Legislation implemented R100 000 Parliament
Development of the Victims’ Charter Policy
Facilitate the promotion of the VC Policy in courts
Policy on the implementation of the Victims’ Charter for DoJ&CD personnel
Workshops held at court level
Draft policy in place by 2007
Court officials being victim-friendly and understanding the implications of the policy
R100 000
R900 000
Researcher
Alignment of VC related activities to all court processes
Court processes and procedures simplified to ensure speedy resolution of cases
Improved court work flows and case management, especially in rape cases
R3 000 000
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22
DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
2008/2009
Action Deliverables Milestones Budget Other resources
Development of the Victims’ Charter Policy
Facilitate the promotion of the VC Policy in courts
Policy on the implementation of the Victims’ Charter for DoJ&CD personnel
Workshops held at court level
Draft policy in place
Court officials being victim-friendly and understanding the implications of the policy
R 100 000
R 75 000
Researcher
Conduct a victimsatisfaction survey focussing on child victims
Report on the surveyInput into Criminal Justice Review process
Survey questionnaires and interviews with victims
R100 000 Partnership with DOE, DSD and civil society organisations
Partnership with members of the Judiciary and Prosecution on peer training on responsive interventions in child sexual offences cases
Workshops, Seminars and ColloquiumsReports
Members of the Judiciary & Prosecution attending the seminars and workshops
R1 000 000 Cooperation from NPA, LCMC, JSC and Justice College
Implementation of case flow management
Improved case cycle timeImproved conviction rateIntegrated Service Delivery Improved administrative and research support to courtsCourt processes and procedures simplified to ensure speedy resolution of cases
Improved service delivery at the courts
R4 000 000
Law reform to promote and protect victims rights
Promotion and promulgation of the Sexual Offences Act
Legislation implemented R400 000 Parliament
Facilitate the promotion of the VC Policy in courts
Workshops held at court level Court officials being victim-friendly and understanding the implications of the policy
Existingresources
2009/2010
Action Deliverables Milestones Budget Other resources
Feedback sessions to the public on outcome ofvictim satisfaction survey and interventions
Feedback sessions: pamphlets, posters, workshops, community radio talk shows
Report R100 000 Partnership with DOE, DSD and civil society organisations
Partnership with members of the Judiciary and Prosecution on integrating a human rights perspective to protect victms of crimes
Workshops, Seminars and ColloquiumsReports
Members of the Judiciary & Prosecution attending the seminars and workshops
R1 000 000 Cooperation from NPA, LCMC, JSC and Justice College
Impl Plan ver21.indd 22 11/15/07 2:30:02 PM
23
SERVICE CHARTER FOR
VICTIMS OF CRIME
NATIONAL IMPLEMENTATION PLAN
2009/2010
Action Deliverables Milestones Budget Other resources
Implementing case flow management principles
Improved case cycle timeImproved conviction rateIntegrated Service Delivery Improved administrative and research support to courtsDevelop and monitor service delivery improvement planCourt processes and procedures simplified to ensure speedy resolution of cases
Improved service delivery at the courts
R2 000 000
Law reform to promote and protect victims rights
Promotion and promulgation of the Sexual Offences Act
Legislation implemented R100 000 Parliament
Facilitate the promotion of the VC Policy in courts
Workshops held at court level Court officials being victim-friendly and understanding the implications of the policy
R900 000
2010/2011
Action Deliverables Milestones Budget Other resources
Partnership with members of the Judiciary and Prosecution on integrating a human rights perspective to protect victms of crimes
Workshops, Seminars and ColloquiumsReports
Members of the Judiciary & Prosecution attending the seminars and workshops
R1 000 000 Cooperation from NPA, LCMC, JSC and Justice College
Implementing case flow management principles
Improved case cycle timeImproved conviction rateIntegrated Service Delivery Improved administrative and research support to courtsDevelop and monitor service delivery improvement planCourt processes and procedures simplified to ensure speedy resolution of cases
Improved service delivery at the courts
R1 000 000
Law reform to promote and protect victims rights
Promotion and promulgation of the Sexual Offences Act Stalking reportTrafficking in persons
Legislation implemented R400 000 Parliament
Facilitate the promotion of the VC Policy in courts
Sessions held at court level Court officials being victim-friendly and understanding the implications of the policy
R900 000
Impl Plan ver21.indd 23 11/15/07 2:30:02 PM
24
DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
The right to offer and receive information
In order to ensure that victims’ rights to receive and to offer information are realised, all Government Departments responsible for
the implementation of the Victims’ Charter will implement administrative measure to facilitate easy communication with the victim
or witness. Government Department will develop Communication policies; Outline process and procedure of communicating
with victims and for additional statements by victims who need to offer information; engage in Public education on process and
procedures on communication and set up Compliance measures to ensure that service providers communicate with victims
2006/2007
Strategic objective: To develop communication policies and implement administrative measures to ensure that victims can receive and offer information at ease and be informed of the status of their cases
Action Deliverables Milestones Budget Other resources
Conduct radio talk shows in all official South African languages
Radio talk shows on the Victims’ Charter Radio talk shows conducted
R1 200 000 SABC
Translate the Victims’ Charter and the Minimum Standards into all official languages
Translated Victims’ Charter and Minimum Standards
Agreement between the DoJ&CD and DAC to translate the documents
Translated documents
Nil Department of Arts and Culture
Distribute the Victims’ Charter, Minimum Standards, pamphlets and posters
Printed Victims’ Charter, Minimum Standards, pamphlets and posters
Printed Victims’ Charter and Minimum Standards
R100 000 Cooperationfrom civil society organisations
Develop communication material for court users with special needs
Sign language in all courtsVideo and audio cassettes on services and rights and distributed in all courtsBraille documents in all courts
User-friendly court facilities
R1 000 000
Develop a Victims’ Charter website
Victims will be able to access information and documents on line: Victims’ Charter, Minimum Standards etc
Updated and effective website
Existingresources
Communicate with NGOs
NGO Consultative Workshops in all nine provinces
Workshops in place R900 000 Civil society organisations
Develop a video on services for victims of crime
Video Participants selected and the video developed
R50 000 All departments within the CJS
2007/2008
Action Deliverables Milestones Budget Other resources
Conduct radio talk shows in all official South African languages
Radio talk shows on the Victims’ Charter Radio talk shows conducted
R1 200 000 SABC
Impl Plan ver21.indd 24 11/15/07 2:30:04 PM
25
SERVICE CHARTER FOR
VICTIMS OF CRIME
NATIONAL IMPLEMENTATION PLAN
2007/2008
Action Deliverables Milestones Budget Other resources
Printing of communication material
Victims’ Charter, Minimum Standards, pamphlets, posters and the National Implementation Plan
Documents distributed R6 000 000
Distribute the Victims’ Charter, Minimum Standards, pamphlets and posters
Printed Victims’ Charter, Minimum Standards, pamphlets and posters
Printed Victims’ Charter and Minimum Standards
R100 000 Cooperationfrom civil society organisations
Develop communication material for court users with special needs
Sign language in all courtsVideo and audio cassettes on services and rights and distributed in all courtsBraille documents in all courts
User-friendly court facilities
R500 000
Update the Victims’ Charter website
Victims will be able to access information and documents on line
Updated and effective website
Existingresources
Communicate with NGOs
NGO Consultative Workshops in all nine provinces
Workshops in place R900 000 Civil society organisations
2008/2009
Action Deliverables Milestones Budget Other resources
Conduct radio talk shows in all official South African languages
Radio talk shows on the Victims’ Charter Radio talk shows conducted
R1 200 000 SABC
Implementation of measures to facilitate victims impact statement before sentencing
Public education on when, how and why to give Victim Impact Statement
Victims empowered to give evidence in court about the impact of crime
Existingresources
Civil society organisations
Distribute the Victims’ Charter, Minimum Standards, pamphlets and posters in public places
Printed Victims’ Charter, Minimum Standards, pamphlets and posters
Printed Victims’ Charter and Minimum Standards
R100 000 Cooperationfrom civil society organisations
Update the Victims’ Charter website
Victims will be able to access information and documents on line
Updated and effective website
Existingresources
Establish a toll-free line Activated and operating toll-free line, andTrained toll-free line management personnel
Toll-free line in existence
R3 000 000 South African Post Office
Communicate with NGOs
NGO Consultative Workshops in all nine provinces
Workshops in place R900 000 Civil society organisations
Impl Plan ver21.indd 25 11/15/07 2:30:04 PM
26
DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
2009/2010
Action Deliverables Milestones Budget Other resources
Conduct radio talk shows in all official South African languages
Radio talk shows on the Victims’ Charter Radio talk shows conducted
R1 200 000 SABC
Monitoring the impact of Victims Impact Statement in sentencing and empowerment of victims
Evaluation report Victims empowered to give evidence in court about the impact of crime
Existingresources
Civil society organisations
Distribute the Victims’ Charter, Minimum Standards, pamphlets and posters
Printed Victims’ Charter, Minimum Standards, pamphlets and posters
Printed Victims’ Charter and Minimum Standards
R100 000 Cooperationfrom civil society organisations
Maintain the Victims’ Charter website
Victims will be able to access information and documents on line
Updated and effective website
Existingresources
Maintain the toll-free line Activated and operating toll-free line, andTrained toll-free line management personnel
Toll-free line in existence
R3 000 000 South African Post Office
Communicate with NGOs
NGO Consultative Workshops in all nine provinces
Workshops in place R900 000 Civil society organisations
2010/2011
Action Deliverables Milestones Budget Other resources
Conduct radio talk shows in all official South African languages
Radio talk shows on the Victims’ Charter Radio talk shows conducted
R1 200 000 SABC
Implementation of outcomes of the evaluation report on Victim Impact Statement
Dialogues with the judiciary and prosecution on the findings in the evaluation report
Guidelines on the implementation of Victim Impact Statement
Existingresources
Civil society organisations
Distribute the Victims’ Charter, Minimum Standards, pamphlets and posters
Printed Victims’ Charter, Minimum Standards, pamphlets and posters
Printed Victims’ Charter and Minimum Standards
R100 000 Cooperationfrom civil society organisations
Maintain the Victims’ Charter website
Victims will be able to access information and documents on line
Updated and effective website
Existingresources
Maintain the toll-free line Activated and operating toll-free line, andTrained toll-free line management personnel
Toll-free line in existence
R3 000 000 South African Post Office
Communicate with NGOs
NGO Consultative Workshops in all nine provinces
Workshops in place R900 000 Civil society organisations
Impl Plan ver21.indd 26 11/15/07 2:30:06 PM
27
SERVICE CHARTER FOR
VICTIMS OF CRIME
NATIONAL IMPLEMENTATION PLAN
4. The right to protection:Administrative measures will be implemented in order to ensure that victims’ person and dignity are protected throughout the
trial. Policies and standards will be developed in order to protect victims against intimidation, harassment, fear, tampering, bribery,
corruption and abuse by service providers or any other person; Witness protection services and public education on procedures
to access the witness protection services will be provided; Policies and measures to protect the identity of victims whose life
may be in danger will be developed and implemented; Public education on In camera proceedings will be conducted and service
providers will be trained on camera proceedings
2006/2007
Strategic objective: To instil a sense of trust, confidence, safety and satisfaction in the Criminal Justice System by victims and witnesses.
Action Deliverables Milestones Budget Other resources
Provide victim-friendly facilities
Use of electronic equipment in court proceedings, especially in rape cases:- One-way mirrors, - Closed circuit TV sets, In Camera proceedingsDomestic Violence CourtsWhere available, provision of separate waiting rooms for victims of crime and the accused
Victim-friendly facilities in place
R1 000 000 SABC
Provide victim support services in courts
Witness-friendTargeted services for the elderly as victims or witnesses Pre-Trial ServicesWitness protection
Improved services for vulnerable groups
Existingresources
Cooperationfrom civil society organisations
2007/2008
Action Deliverables Milestones Budget Other resources
Provide further victim-friendly facilities
Use of electronic equipment in court proceedings, especially in rape cases:- One-way mirrors, - Closed-circuit TV sets, In Camera proceedingsDomestic Violence CourtsWhere available, provision of separate waiting rooms for victims of crime and the accused
Victim-friendly facilities in place
R1 000 000 SABC
Provide victim support services in courts
Witness-friendTargeted services for the elderly as victims or witnesses Pre-Trial ServicesWitness protection
Improved services for vulnerable groups
Existingresources
Cooperationfrom civil society organisations
Impl Plan ver21.indd 27 11/15/07 2:30:07 PM
28
DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
2008/2009
Action Deliverables Milestones Budget Other resources
Provide further victim-friendly facilities
Use of electronic equipment in court proceedings, especially in rape cases:- One-way mirrors, - Closed-circuit TV sets, In Camera proceedingsDomestic Violence CourtsWhere available, provision of separate waiting rooms for victims of crime and the accused
Victim-friendly facilities in place
R1 000 000 SABC
Provide victim support services in courts
Witness-friendTargeted services for the elderly as victims or witnesses Pre-Trial ServicesWitness protection
Improved services for vulnerable groups
Existingresources
Cooperationfrom civil society organisations
Develop policies to manage the conduct of service providers
Policies on intimidation of victims and witnesses, harassment, tampering, bribery, corruption and abuse by service providersPolicies and measures to protect the identities of victims whose lives may be in danger
Unprofessional conduct eliminated
Existingresources
2009/2010
Action Deliverables Milestones Budget Other resources
Provide further victim-friendly facilities
Use of electronic equipment in court proceedings, especially in rape cases:- One-way mirrors, - Closed-circuit TV sets, In Camera proceedingsDomestic Violence CourtsWhere available, provision of separate waiting rooms for victims of crime and the accused
Victim-friendly facilities in place
R1 000 000 SABC
Provide victim support services in courts
Witness-friendTargeted services for the elderly as victims or witnesses Separate waiting rooms for witnessesPre-Trial ServicesWitness protection
Improved services for vulnerable groups
Existingresources
Cooperationfrom civil society organisations
Impl Plan ver21.indd 28 11/15/07 2:30:08 PM
29
SERVICE CHARTER FOR
VICTIMS OF CRIME
NATIONAL IMPLEMENTATION PLAN
2010/2011
Action Deliverables Milestones Budget Other resources
Provide further victim-friendly facilities
Use of electronic equipment in court proceedings, especially in rape cases:- One-way mirrors, - Closed-circuit TV sets, In Camera proceedingsDomestic Violence CourtsWhere available, provision of separate waiting rooms for victims of crime and the accused
Victim-friendly facilities in place
R1 000 000 SABC
Provide victim support services in courts
Witness-friendTargeted services for the elderly as victims or witnesses Pre-Trial ServicesWitness protection
Improved services for vulnerable groups
Existingresources
Cooperationfrom civil society organisations
5. The right to assistance:Government Departments responsible for the implementation of the Victims’ Charter will ensure that the following services
available in order to assist victims in need: Victim friendly facilities and Victim Empowerment Services (Accommodation, waiting
rooms and other services); Specialised courts, FCS, shelters, health services and others. Improve referral channels through the
development of /National and Provincial Resource Directory. Provision of Counselling services and Health services (including
Psychological and Psychiatric), Legal Aid Services, Interpretation and translation services, improved and automated Administration
of deceased estates, improved and automated Guardian Fund services; Training of service providers on service excellence and
sensitivity to victims and provision of resources to service points in order to ensure services to victims (i.e. faxes, photocopiers,
chairs, telephones etc);
2006/2007
Strategic objective: To provide access to victim-friendly facilities and implement administrative measures to empower victims and make their contact with the Criminal Justice System easy.
Action Deliverables Milestones Budget Other resources
Set up information (help) desks in courts
Audit report on existing information desks, their status and needsResourced information desks
Advice desks set up in courts and staffed
R100 000 Cooperation from NGOs
Provide victim-friendly services
Pre-trial servicesWitness protectionInformation/help/advice desksWitness friendCourt Preparation ProgrammeIntermediary servicesSeparate waiting rooms and other services
Improved services for vulnerable groups
Existingresources
Cooperationfrom civil society organisations
Provide access to Administrative Justice
Improved and automated administration of Masters services for victims
Improved services for dependants of victims of crime
R1 000 000 Involvement of the legal profession and the civil society organisations
Impl Plan ver21.indd 29 11/15/07 2:30:09 PM
30
DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
2007/2008
Action Deliverables Milestones Budget Other resources
Set up information (help) desks in courts
Audit report on existing information desks, their status and needsResourced information desks
Advice desks set up in courts and staffed
R500 000 Cooperation from NGOs
Referral of victims to support services
Directory on support services (mediation, conselling, etc) for victims of crime
Appropriate dispute resolution
Nil Cooperation from the Department of Social Development and NGOs
Provide victim-friendly services
Pre-trial servicesWitness protectionInformation/help/advice desksWitness friendCourt Preparation ProgrammeIntermediary servicesSeparate waiting rooms and other services
Improved services for vulnerable groups
Existingresources
Cooperationfrom civil society organisations
Provide access to Administrative Justice
Improved and automated administration of Masters services for victims
Improved services for dependants of victims of crime
R500 000 Involvement of the legal profession and the civil society organisations
2008/2009
Action Deliverables Milestones Budget Other resources
Set up information (help) desks in courts
Audit report on existing information desks, their status and needsResourced information desks
Advice desks set up in courts and staffed
R500 000 Cooperation from NGOs
Referral of victims to support services
Directory on support services (mediation, conselling, etc) for victims of crime
Appropriate dispute resolution
Nil Cooperation from the Department of Social Development and NGOs
Provide victim-friendly services
Pre-trial servicesWitness protectionInformation/help/advice desksWitness friendCourt Preparation ProgrammeIntermediary services
Improved services for vulnerable groups
Existingresources
Cooperationfrom civil society organisations
Provide access to Administrative Justice
Improved and automated administration of Masters services for victims
Improved services for dependants of victims of crime
R1 000 000 Involvement of the legal profession and the civil society organisations
Impl Plan ver21.indd 30 11/15/07 2:30:10 PM
31
SERVICE CHARTER FOR
VICTIMS OF CRIME
NATIONAL IMPLEMENTATION PLAN
2009/2010
Action Deliverables Milestones Budget Other resources
Set up information (help) desks in courts
Audit report on existing information desks, their status and needsResourced information desks
Advice desks set up in courts and staffed
R100 000 Cooperation from NGOs
Monitoring the impact of the refferal system
Statistical report on refferalsQualitativel report on the impact of the referral system
Appropriate dispute resolution
Nil Cooperation from the Department of Social Development and NGOs
Provide victim-friendly services
Pre-trial servicesWitness protectionInformation/help/advice desksWitness friendCourt Preparation ProgrammeIntermediary services
Improved services for vulnerable groups
Existingresources
Cooperationfrom civil society organisations
Provide access to Administrative Justice
Improved and automated administration of Masters services for victims
Improved services for dependants of victims of crime
R1 000 000 Involvement of the legal profession and the civil society organisations
2010/2011
Action Deliverables Milestones Budget Other resources
Set up information (help) desks in courts
Audit report on existing information desks, their status and needsResourced information desks
Advice desks set up in courts and staffed
R100 000 Cooperation from NGOs
Provide victim-friendly services
Pre-trial servicesWitness protectionInformation/help/advice desksWitness friendCourt Preparation ProgrammeIntermediary services
Improved services for vulnerable groups
Existingresources
Cooperationfrom civil society organisations
Provide access to Administrative Justice
Improved and automated administration of Masters services for victims
Improved services for dependants of victims of crime
R500 000 Involvement of the legal profession and the civil society organisations
Impl Plan ver21.indd 31 11/15/07 2:30:11 PM
32
DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
6. The right to compensation and the right to restitution
The Criminal Procedure Act, Act 51 of 1977 provides for compensation for loss of or damage to property or injury suffered as a
result of a crime, in order to ensure that victims benefit from this section the following programmes will be implemented: Public
education on claiming compensation for loss of or damage to property in terms of section 297 and 300 of the Criminal Procedure
Act, Act 51 of 1977; Public education on claiming compensation for injury suffered as a result of a crime in terms of the Civil
Procedure Act at the civil courts; Information on how to enforce the compensation order granted by the court; Training of service
providers in this regard.
2006/2007
Strategic objective:To implement administrative measures to facilitate victims access to compensation as provided in section 297 and 300 of the Criminal Procedure Act No 51 of 1977 and to educate the public about this provision and how and when to use it
Action Deliverables Milestones Budget Other resources
Public awareness raising on the victim’s right to claim compensation and the procedure for obtaining the compensation order after conviction but before sentence
Public awareness raising material Radio talk shows
Effective implementation of section 300 of the Criminal Procedure Act,
R90 000 Cooperationfrom other CJS Departments and the civil society organisations
Informing victims about their right to restitution by perpetrators, police or court
Court orders on fair restitution to victims by perpetratorsPolice or court officials restoring to the victim what was kept as exhibit
Appropriate dispute resolution and victim empowerment
Existingresources
Cooperationfrom civil society organisations
2007/2008
Action Deliverables Milestones Budget Other resources
Public awareness raising on the victim’s right to claim compensation and the procedure for obtaining the compensation order after conviction but before sentence
Public awareness raising material Radio talk shows
Effective implementation of section 300 of the Criminal Procedure Act,
R90 000 Cooperationfrom other CJS Departments and the civil society organisations
Informing victims about their right to restitution by perpetrators, police or court
Court orders on fair restitution to victims by perpetratorsPolice or court officials restoring to the victim what was kept as exhibit
Appropriate dispute resolution and victim empowerment
Existingresources
Cooperationfrom civil society organisations
Impl Plan ver21.indd 32 11/15/07 2:30:12 PM
33
SERVICE CHARTER FOR
VICTIMS OF CRIME
NATIONAL IMPLEMENTATION PLAN
2008/2009
Action Deliverables Milestones Budget Other resources
Public awareness raising on the victim’s right to claim compensation order after conviction
Public awareness raising material Effective implementation of section 300 of the Criminal Procedure Act
R90 000 Cooperationfrom other CJS Departments
Informing victims about their right to restitution by perpetrators police or court personnel
Court orders on fair restitution to victims by perpetratorsPolice or court officials restoring to the victim what was kept as exhibit
Appropriate dispute resolution and victim empowerment
Existingresources
Cooperationfrom civil society organisations
2009/2010
Action Deliverables Milestones Budget Other resources
Monitor the impact of the awareness raising on the right to claim compensation order after conviction
Statistical report Qualitative report
Effective implementation of section 300 of the Criminal Procedure Act
R90 000 Cooperationfrom other CJS Departments and the civil society organisations
Monitor the impact of the awareness raising on the right to restitution
Statistical report Qualitative report
Effective implementation of the Criminal Procedure Act
Existingresources
Cooperationfrom civil society organisations
2010/2011
Action Deliverables Milestones Budget Other resources
Dialogue with the Judiciary and Prosecution on the outcomes of the monitoring report
Report on dialogue Effective implementation of section 300 of the Criminal Procedure Act
R90 000 Cooperationfrom other CJS Departments
Dialogue with the Judiciary and Prosecution on the outcomes of the monitoring report
Report on dialogue Effective implementation of the provision of restitution in the Criminal Procedure Act
Existingresources
Cooperationfrom civil society organisations
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34
DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
COMPLAINTS:
In order to ensure that victims’ enjoy the rights guaranteed in the Victims’ Charter, the following administrative measures will be
implemented: Automated Complaint Management system; Audits of complaints will be conducted; Roles and responsibilities of
Court and other Managers in addressing complaints from victims will be clarified.
2006/2007
Strategic objective:To improve on or establish an effective complaints management mechanism and to develop an information management system that will facilitate an integrated complaints management approach to ensure that victims whose rights have been violated by the Criminal Justice System staff get recourse for the abuse or secondary victimisation
Action Deliverables Milestones Budget Other resources
Public awareness on complaints mechanisms
PamphletsComplaints/suggestion boxes in courts
Number of complaints R900 000
2007/2008
Action Deliverables Milestones Budget Other resources
Public awareness on complaints mechanisms
PamphletsComplaints boxes in courts
Number of complaints R900 000
Develop an automated complaints management system
Automated complaints management systemComplaints and suggestion boxes
ISM developing the system
R100 000
2008/2009
Action Deliverables Milestones Budget Other resources
Public awareness on complaints mechanisms
PamphletsComplaints boxes in courts
Number of complaints R900 000
Establishment of a toll-free line
Activated and operating toll-free line Toll-free line number in existence and activated
Cooperation from the South African Post Office
Implementation of the automated complaints management system
Automated complaints management systemA manual for uniform and standardised complaints managementBusiness Reply Cards in all courtsComplaints and suggestion boxes
Automated complaints management system in place
R100 000
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35
SERVICE CHARTER FOR
VICTIMS OF CRIME
NATIONAL IMPLEMENTATION PLAN
2009/2010
Action Deliverables Milestones Budget Other resources
Public awareness on complaints mechanisms and feed back
PamphletsComplaints boxes in courtsCustomer satisfaction report
Number of complaints R900 000
Maintenance of a toll-free line
Activated and operating toll-free line Toll-free line number in existence and activated
Cooperation from the South African Post Office
Implementation of the automated complaints management system
Automated complaints management systemA manual for uniform and standardised complaints managementBusiness reply cards in all courtsComplaints and suggestion boxesComplaint management audit
ISM developing the system
R100 000
2010/2011
Action Deliverables Milestones Budget Other resources
Public awareness on complaints mechanisms
PamphletsComplaints boxes in courts
Number of complaints R900 000
Maintenance of a toll-free line
Activated and operating toll-free line Toll-free line number in existence and activated
Cooperation from the South African Post Office
Maintenance and improvement of the automated complaints management system
Automated complaints management systemA manual for uniform and standardised complaints managementBusiness reply cards in all courtsComplaints and suggestion boxesComplaint management audit
ISM developing the system
R100 000
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