Government is soft on crime, tough on the victims of crime

2 August 2008

EDITED EXTRACT FROM A SPEECH BY HELEN ZILLE GIVEN AT THE VICTIMS OF CRIME IMBIZO IN DURBAN:

South Africa has become a utopia for criminals and a dystopian nightmare for victims. Nowhere else in the world is the balance so tilted in favour of those who rape, murder and pillage.

Most criminals are free to operate with impunity, safe in the knowledge that their crimes will go unreported or undetected. If they are caught, there is a good chance that they will never face justice: police dockets disappear, evidence goes missing, prosecutors are not adequately prepared, the results of forensic tests are delayed, and cases get postponed over and over again until they are dismissed.

Two pages of our Constitution are devoted to the rights of arrested, detained and accused persons. And yes, we do believe that every person is entitled to due process of just law.  Every person, including Jacob Zuma, must be equal before the law and every person must have the right to a fair trial.

But while the rights of criminals are entrenched, there is nothing in law that protects the rights of the victims. There are no laws that set out victims' rights and guarantee redress for the crimes perpetrated against them. There is no law compelling the state to provide counselling and psychological support for victims of crime.

When criminals are imprisoned they enjoy rights that many South Africans living in poverty have never achieved. I am not suggesting that prison is a picnic, but it is true that prison inmates are guaranteed rights that are denied to many. Prisoners have the right to medical treatment. They have a roof over their heads. They get food regularly.

We are one of the few countries in the world where prisoners have the right to vote. It is surely a great irony that law-abiding citizens who have left the country because of crime are not entitled to vote, while those that perpetrated the crimes can continue to participate in elections.

The fact of the matter is this: Our criminal justice system is soft on crime and tough on the victims of crime. Our government has failed to understand that a violent crime is not just an offence against the state; it is an offence against a human being. And this is how victims of crime need to be treated - as human beings.

It is often said that when a South African is a victim of crime, they are a victim twice. They are victimised first by violent criminals and then victimised again by the criminal justice system. This has to change.

Upholding the rights of victims must become a key focus area of our criminal justice system. There needs to be a legally enforceable Victims of Crime Charter that sets out exactly what the rights of victims are and how they will be enforced.

A Victims of Crime Charter would give citizens the right to be treated with fairness, respect and dignity. It would give victims the right to be informed of police investigations at key stages, to have the court process explained to them and to be given access to a counsellor or social worker if there has been trauma. It would give victims the right to be consulted and to provide input at bail applications, plea bargain hearings, and sentencing and parole applications.

Victims' rights should form part of the basic training of all workers within the criminal justice system. We propose the establishment of victim support training centres where police and other relevant officials take mandatory courses on protecting and upholding the rights of victims.

No amount of money can undo the damage wreaked by violent crime, but no victim should have to suffer financial losses as a result of it. All victims of violent crime should be entitled to compensation for the emotional, psychological and medical trauma they are put through.

Under a DA government there would be a Victims of Crime Fund to pay for psychological treatment and counselling, medical expenses, loss of earnings, burial and funeral expenses, moving or relocation expenses, job retraining for disabled victims and financial support to care for the dependents of a murder victim.

If we are to become a compassionate, caring society we need to put the rights of victims first. Every successful society in the world must protect its most vulnerable members. In South Africa today, that is you, me and every other law-abiding citizen.

In our vision of an open, opportunity society the criminal justice system would work for the victims and against the criminals. We would cut down the opportunities for criminals and give victims the opportunity to rebuild their lives. This is not an impossible dream. With the right ideas and the political will, we will beat crime. We will never give up.