‘According to the Department of Justice and Constitutional Development, the Service Charter for Victims of Crime in South Africa (also referred to as the Victims’ Charter) is an important instrument for promoting justice for victims of crime in South Africa. The Victims’ Charter is compliant with the spirit of the South African Constitution, 1996 (Act 108 of 1996) and the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985 (GA/RES/40/34)’.
Over the next four weeks we’ll give you information on the seven rights you have as a victim of crime as contained in the victim’s charter. If you have been a victim of crime, you have the following rights as contained in the constitution and relevant legislation, these rights must be upheld when you interact with the criminal justice system at court or police station:
1. YOU HAVE THE RIGHT TO BE TREATED WITH FAIRNESS AND WITH RESPECT FOR YOUR DIGNITY AND PRIVACY.
- ‘You have the right to be attended to promptly and courteously, treated with respect for your dignity and privacy by all members of any department, institution, agency or organisation dealing with or providing a service to you (hereafter referred to as a service provider)’.
- ‘The police (during the investigations), the prosecutors and court officials (during preparation for and during the trial proceedings), and all other service providers will take measures to minimise any inconvenience to you by, among others, conducting interviews with you in your language of choice and in private, if necessary’.
- ‘These measures will prevent that you are being subjected to secondary victimisation’.
2. THE RIGHT TO OFFER INFORMATION.
- ‘You have the right to offer information during the criminal investigation and trial.
- ‘The police, prosecutor 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 possible) in criminal justice proceedings, by attending the bail hearing, the trial, sentencing proceedings and/or Parole Board hearing’.
- ‘It 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’.
We will expand on more rights on next week’s blog. For more information on your rights as a victim of crime you can go to https://www.justice.gov.za/VC/docs/vc/vc-eng.pdf and find the service charter for victims in the language of your choice.
Visit www.citizenjusticenetwork.org for more information on our community paralegals’ work on empowering citizens with legal information for access to justice.
