SERVICE CHARTER FOR VICTIMS OF CRIME

1. SERVICE CHARTER FOR VICTIMS OF CRIME Presentation to KZN PIJF Durban, Kwa Zulu Natal 4 April 2007

2. Overview of presentation • Background • Draft Implementation Plans • Provincial Consultation • Plan • Feed back • Questions and Discussion

3. Why do we need a Victims Charter? • ‘Balance’ interest between victims and offenders • Build on / strengthen legislation and policy that provides for rights of victims: • Constitutional right to privacy and dignity • Criminal Procedure Act of 1977 right to claim compensation for loss or damage to property • Fulfilment of government’s commitment to address needs of victims • Fulfilment of government’s international agreement to the UN Declaration of the Basic Principles of Justice for Victims of Crime • Advocacy tool/ instrument for NGOs and CBOs working with victims of crime

4. Background • Government adopted the National Crime Prevention Strategy in 1996, which included the Victim Empowerment Programme (VEP). • The VEP includes various initiatives to address victimization and the Service Charter for Victims of Crime (also referred to as the Victims Charter) is one of the initiatives. • The President, in his address to the Joint sitting of Parliament, 21 May 2004, made a commitment that government will finalise the Victims Charter and attend to the needs of victims of crime. • Cabinet approved the Victims Charter on 1 December 2004. • The Charter was not accompanied with implementation plans, thus making it difficult to hold departments accountable.

5. Background • An Inter-Departmental Committee (IDC) has been established at national level to facilitate the implementation, monitoring and evaluation of the Victims Charter. • The IDC is chaired by the Department of Justice & Constitutional Development, with Ms Joyce Maluleke as chairperson. • IDC members consist of: • Department of Justice & Constitutional Development • National Prosecuting Authority • South African Police Services • Department of Correctional Services • Department of Health • Department of Social Development • Department of Education • SA Human Rights Commission • Commission on Gender Equality • The IDC meets on a quarterly basis and reports to the Development Committee

6. About the Victims Charter and Minimum Standards • The Victims Charter aims to reduce secondary victimization of victims in the criminal justice system and to ensure that victims are central to the criminal justice process. • The Charter contains seven rights: • The right to be treated with fairness and with respect for your dignity and privacy • The right to offer information • The right to receive information • The right to protection • The right to assistance • The right to compensation • The right to restitution • In order to ensure that rights become meaningful to victims; two processes have been embarked on: • Drafting Minimum Standards – that provide further explanation of what victims can expect from service providers • Drafting Implementation plans – that align the Victim Charter with the respective departmental 5 year Strategic Plans to ensure consolidated budgeting (MTEF) and Performance Management (KPI’s).

7. About the Victims Charter and Minimum Standards • The Minimum Standards provides a definition of a ‘victim’. • A victim of crime is defined as a person who has suffered harm, including physical or mental injury, emotional suffering; economic loss; or substantial impairment of his or her fundamental rights, through acts or omissions that are in violation of our criminal law. • The Minimum Standards is divided into four parts: • Your rights as a victim of crime • The processes and responsibilities of the relevant departmental role – players within the criminal justice system • Minimum Standards on Services for victims of crime • Complaints Mechanism

8. Why do we need implementation plans?International experiences • Research from New South Wales and the United Kingdom showed why implementations for the Victims Charter are important: • ‘As a quality assurance mechanism for internal evaluation • As a set of indicators for external evaluations • As a review mechanism for breach of the Charter • As a guide for best practises to be followed by agencies’ New South Wales 2001 • Canada approved its implementation plan on the Victims Charter in February 2000, with a federal budget allocation of 25 million dollars for a five year period • Scotland and Ireland do not have implementation plans for their Victims Charter, however • They have a fund: Criminal Injuries Compensation Scheme which can pay victims between 1,600 – 800 000 Euros. • In addition Victim Support Services, National telephone toll free lines, and funding for NGos working with victims is provided for.

9. Draft Implementation Plans • International research has shown the importance of developing implementation plans on the Victims Charter to hold government and departments accountable. • Each Department responsible for implementing the Victims’ Charter commits to implement measures that will ensure that commitments made in the preamble and individual rights are realized. • Draft Implementation plan represents the following departments: • Justice & Constitutional Development • National Prosecuting Authority • South African Police Services • Correctional Services • Health • Social Development • The Department of Education has not submitted any plans. • The implementation plans do not represent provincial input.

10. Draft Implementation Plans • The implementation plan is structured to include: • Common action / activities include: • Training of service providers • Development of Victim Charter Policy • Provision of victim friendly services • Hospitals – dedicated clinical forensic services • Police stations – separate waiting rooms and interview rooms • Courts – one way mirrors, separate waiting rooms, information desks, electronic equipment – CCTV • Specialized courts – sexual and domestic violence • Prisons – separate waiting rooms • Transport for victims • Social Development – setting up shelters • Case management and work flows • Establishment of toll free line and website • Public education • Research

11. Draft Implementation plans • Draft implementations are not complete and some departments have submitted a second version – Department of Health and Correctional Services. • Deadline for (National Departments) second draft is 5 April 2007. • Provincial plans are to be submitted by departments. • Provincial consultations will take place with stakeholders (NGOs, CBOs etc) after presentations to departments. • Consolidated implementation will be submitted to the Development Committee, the JCPS and Social Cluster and Cabinet. • Victims Charter and Implementation plans to be launched in 2007.

12. Progress on the Victims Charter – Activities from DOJ & CD • Victims Charter and Minimum Standards have been translated into all official languages and Braille • Hosted radio education slots on the Victims Charter in all African languages • 2151 DOJCD personnel trained / briefed • Toll free lines established but not activated due to permanent toll free line not having been appointed and no complaints management system in place • Conducted secondary research on Conceptual Framework of ‘Victim’ – International experience • Set up web page on DOJ & CD website with information on Victims Charter

13. Testimonies from victims • From website, emails submitted included: • Request and intervention from a family who did not attend parole hearing. They were not informed of the date of the hearing and could not make presentation. • Request from a daughter who’s mother was killed in a house-breaking. She has relocated to the UK and has tried, unsuccessfully, since 2001, to find out what the outcome of the case was. • Request from a NGO on behalf of a woman who was raped and could not access ARV because the hospital has a policy to only give to those who have reported rape to police • Request from a victim involved, as a bystander, in a shoot off between police and robbers in 2000. Her car was confiscated and she is still trying to trace it. • Request for information from a victim about why the case was dismissed. The accused was charged with rape of the victim who was a teenager at the time.

14. Provincial Consultation

15. Role of Provincial Departments • Submit name of person responsible or allocated to implement Victim Empowerment Programme to Department of Justice & Constitutional Development OR National Department representative on the IDC • Submit provincial plans/ information on services provided by 1 May 2007 • Provide reports on implementation to Provincial Development Committee (or Provincial JCPS or MANCOM)

16. Feedback from other Provincial presentations • From February – April 2007, the following provincial presentations have been made: • 19 February 2007 – Northern Cape (NGO Victim Empowerment Forum) • 7 March 2007: Eastern Cape • 9 and 16 March 2007: Gauteng (NGO and Government Department Structures) • 20 March 2007 : Western Cape • 26 March 2007: Free State • 4 April 2007: KZN • 18 April 2007: Northern Cape • 19 April 2007: North West • Feedback from presentations • No proper coordination between national and provincial departments • Implementation of services to victims still continue even in the absence of implementation plan • Request for inter-sectoral training for all service providers and NGOs • Victims Charter to be placed on agenda of all meetings so as to track progress, identify challenges. This should be communicated with Department of Justice.

17. National representatives on the IDC • Department of Justice & Constitutional Development • Joyce Maluleke : 012 315 1670: jmaluleke@justice.gov.za • Naomi Webster : 012 315 1296 : nwebster@justice.gov.za • Lulama Nongogo : 012 315 1830 : lnongogo@justice.gov.za • Department of Social Development • Zoditi Tshotsho: 012 312 7883: zodidit@socdev.gov.za • Joan Groenewald: 012 312 7568: joang@ socdev.gov.za • Phumza Govuza: 012 312 7362: phumzag@socdev.gov.za • Department of Health • C. C Kotzenberg: 012 312 0218: rensba@health.gov.za • Joel Mokonoto: 012 312 0395: MokonJ@health.gov.za • National Prosecuting Authority • Brandon Lawrence: 012 845 6132: blawrence@npa.gov.za • Alta Eksteen: 012 845 6717: alcollopy@npa.gov.za

18. National representatives on the IDC • South African Police Services • Gladys Mangwani: 012 421 8072: ngovenikp@saps.org.za • E L Mapetla: 012 421 8234 • Department of Correctional Services • Joyce Mashego: 012 305 8043: Joycem.Mashego@dcs.gov.za • Minette Plaatjies: 012 307 2441: Minette.plaatjies@dcs.gov.za • SA Human Rights Commission • Jennifer Joni: 011 484 8300: jjoni@sahrc.org.za • Commission on Gender Equality • Maretha de Waal: 011 403 7182: Maretha@cge.org.za