Service charter for victims of crime in South Africa.pdf - SERVICE CHARTER FOR VICTIMS OF CRIME IN SOUTH AFRICA THE CONSOLIDATION OF THE PRESENT LEGAL

Service charter for victims of crime in South Africa.pdf -...

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THE CONSOLIDATION OF THE PRESENT LEGAL FRAMEWORK RELATING TO THE RIGHTS OF AND SERVICES PROVIDED TO VICTIMS OF CRIME SERVICE CHARTER FOR VICTIMS OF CRIME IN SOUTH AFRICA
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FOREWORD BY THE MINISTER p. 1 PREAMBLE • Affirming p. 2 • Believing p. 2 • Recognising p. 2 • Noting p. 2 Hereby adopt this Victims’ Charter p. 2 YOUR RIGHTS AS A VICTIM OF CRIME 1. The right to be treated with fairness and with respect for your dignity and privacy p. 2 2. The right to offer information p. 2 3. The right to receive information p. 3 4. The right to protection p. 3 5. The right to assistance p. 3 6. The right to compensation p. 3 7. The right to restitution p. 4 COMPLAINTS p. 4 MORE INFORMATION p. 5 ACKNOWLEDGEMENTS p. 5 TABLE OF CONTENTS
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1 FOREWORD BY THE MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT The Service Charter for Victims of Crime in South Africa (the “Victims’ Charter”) is an important instrument for promoting justice for all. The Victims’ Charter is compliant with the spirit of the South African Con- stitution, 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). Since 1994, and in keeping with the cultivation of a human rights culture, the focus has gradually shifted from an adversarial and retrib- utive criminal justice system to that of Restorative Justice. Central to the concept of Restorative Justice is the recognition of crime as more than an offence against the state, but also as an injury or wrong done to another person. This is in line with the National Crime Pre- vention Strategy’s victim-centred vision for the criminal justice system. The ultimate goal is victim empowerment through meeting victims’ needs, be they material or emotional. The Victims’ Charter and the attached minimum standards document are important instruments elaborating and consolidating rights and obligations relating to services applicable to victims and survivors of crime in South Africa. The Victims’ Charter is consonant with the provisions of section 234 of the Constitution. I am confident that with the commitment and dedication of all role- players in the criminal justice process, this 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! FOREWORD Mrs BS Mabandla, MP Minister for Justice and Constitutional Development
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2 PREAMBLE The Government of South Africa generally and agencies involved in the criminal justice system specifically: Affirming Government’s commitment to implement measures aimed at con- tinuous reform of the criminal justice system to protect and promote the rights of victims in compliance with international obligations under international human rights instruments, such as the UN Dec- laration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) and the Prevention and Eradication of Violence Against Women and Children Addendum to the 1997 SADC Decla-
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