SUMMARY BACKGROUND OF THE VICTIM EMPOWERMENT PROGRAMME (VEP)

1. The Department of Social Development is the lead and co-ordinating department for the National, Interdepartmental Intersectoral Victim Empowerment Programme (YEP).

2. The VEP is a victim centered approach to crime prevention and was established in 1998 as a component of the National Crime Prevention Strategy.

3. The VEP is aimed at making the criminal justice process more victim-friendly minimizing the negative effects of crime on its victims. The empowerment of victims is aimed at creating a greater role for victims in the criminal justice process, as well as providing protection against victimization.

4. It also ensures that the Criminal Justice System is responsive to the needs of all victims of crime.

5. A National Victim Empowerment Management team is responsible for giving strategic direction to the business of the VEP and a similar structure is replicated in the provinces. Representation in the management team is from national and provincial government departments, Civil Society Organisations, Academic Institutions and Research Institutes. The representation is according to the areas of responsibility towards the victims within the criminal justice system, e.g. Departments, of Health, Justice and Constitutional Development, Correctional Services, Education, Social Development and SAPS.

6. The VEP Strategy covers the following areas:

6.1 Policy framework: With reference to the Victim Empowerment Policy, SA Victims Charter of Rights, Minimum Standards for service delivery

6.2 Management: Related to the development and capacitating Victim Empowerment governance structures to ensure effective decision making and enhance service delivery at all levels

6.3 Direct Service Delivery: To develop best practice models and increase the scope and quality of services for victims of crime and violence in S A

6.4 Marketing and Communication: Ensure effective communication and marketing of VE-related issues to promote accessibility and accountability in service delivery

6.5 Education, training and development of VE Practitioners: To enhance the capacity of VE service providers to provide appropriate and effective VE services for all victims of crime and violence in South Africa

6.6 Research, Monitoring and Evaluation: Conduct research on VE-related issues, monitor the implementation of services and evaluate the impact thereof.

COMMENTS ON PROPOSED LEGISLATION FOR THE FUND FOR THE VICTIMS OF VIOLENT CRIME

Who is the custodian of the proposed Legislation?

Recommendation: Most probably the JCPS Cluster as all cluster members deal with issues of victimization.

1. Definitions:

· It may be necessary to define "emotional or psychological injury" for purposes of compensation as the assessment of levels in this case may be rather complex.

2. The Fund for Victims of Violent Crime:

· What will be the reliable, consistent source of the fund?

· What happens when the funds get exhausted as the need may exceed the supply?

· Need to be more explicit on the criteria for funding, for example in measuring the extent of damage suffered in terms of injuries incurred and more especially psychological/emotional harm suffered.

3. Victims may be recompensed from the Fund

· Will the fund take into consideration that some injuries are compensated through Insurance Funds?

· Who get compensated in the case of a violent crime committed by parents or relatives against a child?

Possible Recommendations from the Department of Social Development:

The Department in principle acknowledges the need for the compensation of victims as victimization is the violation of the right to safety and security. It is the view of the Department that other alternative means of compensation need to be considered other than monetary rewards, for example:

· Providing free health and psychological care services in government health facilities

· Funding the establishment of more One-Stop Crisis Centers to attend to the immediate diverse needs of victims by a multi-disciplinary team within a single facility

· Funding the establishment of more Shelters to provide temporal accommodation and security to victims of domestic violence who have nowhere else to go except to go back to the perpetrator's home.

· Funding to contract certain private health care facilities to attend to victims of violent crime at the expense of government as it is the case with the perpetrators of crime who have suffered injuries as a result of crime they have committed.

· Funding to train more professional and lay trauma counselors.

· Funding for intense victimization prevention initiatives, e.g. Skills development for women; campaigns to create awareness; self defense skills for women; initiatives related to involving men and boys in the prevention of violence against women; wealth and job creation initiatives as well as compensation for crime alert initiatives as part of community participation in crime prevention.