Chapter 5 Impl... · departments and civil society organisations who have worked ... cooperative partnerships with ... Improvement and re-engineering of Case ﬂow and

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

Impl Plan ver21.indd 17 11/15/07 2:29:55 PM

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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.


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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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


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SERVICE CHARTER FOR

VICTIMS OF CRIME


2007/2008


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.


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




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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2008/2009


Development of the Victims’ Charter Policy


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



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





Workshops held at court level Court officials being victim-friendly and understanding the implications of the policy

Existingresources

2009/2010


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





23

SERVICE CHARTER FOR

VICTIMS OF CRIME


2009/2010


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


R2 000 000





Workshops held at court level Court officials being victim-friendly and understanding the implications of the policy

R900 000

2010/2011


Partnership with members of the Judiciary and Prosecution on integrating a human rights perspective to protect victms of crimes




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


R1 000 000


Promotion and promulgation of the Sexual Offences Act Stalking reportTrafficking in persons



Sessions held at court level Court officials being victim-friendly and understanding the implications of the policy

R900 000


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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


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




R1 200 000 SABC


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SERVICE CHARTER FOR

VICTIMS OF CRIME


2007/2008


Printing of communication material

Victims’ Charter, Minimum Standards, pamphlets, posters and the National Implementation Plan

Documents distributed R6 000 000





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


Existingresources




2008/2009




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




Update the Victims’ Charter 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





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2009/2010




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






Maintain the Victims’ Charter website



Existingresources

Maintain the toll-free line Activated and operating toll-free line, andTrained toll-free line management personnel






2010/2011




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






Maintain the Victims’ Charter website



Existingresources

Maintain the toll-free line Activated and operating toll-free line, andTrained toll-free line management personnel







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SERVICE CHARTER FOR

VICTIMS OF CRIME


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.


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


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


R1 000 000 SABC




Existingresources



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2008/2009





R1 000 000 SABC




Existingresources


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





R1 000 000 SABC


Witness-friendTargeted services for the elderly as victims or witnesses Separate waiting rooms for witnessesPre-Trial ServicesWitness protection


Existingresources



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SERVICE CHARTER FOR

VICTIMS OF CRIME


2010/2011





R1 000 000 SABC




Existingresources


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.


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


Existingresources


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


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2007/2008






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


Pre-trial servicesWitness protectionInformation/help/advice desksWitness friendCourt Preparation ProgrammeIntermediary servicesSeparate waiting rooms and other services


Existingresources





R500 000 Involvement of the legal profession and the civil society organisations

2008/2009






Referral of victims to support services

Directory on support services (mediation, conselling, etc) for victims of crime




Pre-trial servicesWitness protectionInformation/help/advice desksWitness friendCourt Preparation ProgrammeIntermediary services


Existingresources







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SERVICE CHARTER FOR

VICTIMS OF CRIME


2009/2010






Monitoring the impact of the refferal system

Statistical report on refferalsQualitativel report on the impact of the referral system






Existingresources






2010/2011









Existingresources





R500 000 Involvement of the legal profession and the civil society organisations


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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


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


2007/2008


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,


Informing victims about their right to restitution by perpetrators, police or court



Existingresources



33

SERVICE CHARTER FOR

VICTIMS OF CRIME


2008/2009


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



Existingresources


2009/2010


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


Monitor the impact of the awareness raising on the right to restitution

Statistical report Qualitative report

Effective implementation of the Criminal Procedure Act

Existingresources


2010/2011


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



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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


Public awareness on complaints mechanisms

PamphletsComplaints/suggestion boxes in courts

Number of complaints R900 000

2007/2008



PamphletsComplaints boxes in courts


Develop an automated complaints management system

Automated complaints management systemComplaints and suggestion boxes

ISM developing the system

R100 000

2008/2009





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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SERVICE CHARTER FOR

VICTIMS OF CRIME


2009/2010


Public awareness on complaints mechanisms and feed back

PamphletsComplaints boxes in courtsCustomer satisfaction report


Maintenance of a toll-free line



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


R100 000

2010/2011





Maintenance of a toll-free line



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


R100 000
