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DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
REPUBLIC OF SOUTH AFRICA
NATIONAL COUNCIL OF PROVINCES
QUESTION FOR WRITTEN REPLY
QUESTION NO.: 152
DATE OF PUBLICATION: 18 NOVEMBER 2009
Ms D Z Ranto (ANC-EC) to ask the Minister of Justice and
Constitutional Development:
(1) Whether the Government compensates or is considering
compensating victims of crime; if not, from what support
processes do victims of crime receive assistance; if so, (a)
what does the process involve, (b) how many persons currently
receive such compensation or (c) how far is the process;
(2) whether the Government will consider assisting families who have
lost a bread winner; if not, what is the position in this
regard; if so, what are the relevant details?
CW237E
REPLY:-
(1) On the question whether Government is considering compensating
victims of crime, it should be pointed out that Government has
not committed itself in this regard. A commitment of this
import can realistically only be made once Government is
satisfied that it can implement such an initiative after all
policy options have been thoroughly considered. A decision of
this nature can, in other words, only be taken after a
comprehensive investigation has been undertaken and all the
implications of such a step have been taken into account. With
that in mind, one of my predecessors requested the South African
Law Reform Commission (the Commission) to investigate and report
on the possibility of establishing a compensation fund for
victims of crime.
The following areas were identified for investigation:-
Reviewing the issue of victim empowerment and a restorative
justice approach to criminal and the establishment of a
compensation fund for victims of crime.
After its investigation, the Commission submitted its report to
one of my predecessors, Minister Mabandla.
However, before the report of the Commission was submitted to
the former Minister, the Department undertook an evaluation of
the Commissionâs report and found a number of challenges. These
related to reservations about implementing the Commissionâs
legislative recommendations. The Department advised the former
Minister about these problem areas. It was consequently decided
that the report should be submitted back to the Commission for
it to investigate a number of crucial aspects. This must still
be done.
(2) The issue of the loss of bread winners cannot be considered
separately from other victims of crime, and as such the response
above is applicable to this question.