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South Africa’s new constitution, the Criminal Procedure Act and the rights of victims.

Kgosimore, David L
June 4, 2015

Source: (2000) Paper presented at the 10th International Symposium on Victimology held in Montreal, Canada, 6-11 August.

David Ksogimore looks at the South African Constitution of 1996, the Bill of Rights, and the Criminal Procedure Act in terms of their significance for criminal justice in South Africa, especially with respect to the rights of crime victims. The Constitution and Bill of Rights envision equality of all before the law. Ksogimore argues this is the case for the rights of offenders in South Africa, but not for victims of crime. In recognition of this situation, the government of South Africa introduced the Victim Empowerment Program in 1999 to foster the interests of victims, and to involve victims, communities, and offenders in criminal justice. The Criminal Procedure Act gives the impression of addressing the rights of victims, but Ksogimore claims that this really only applies to victims as witnesses. Hence, Ksogimore finds a complex and conflicted situation for victims of crime in South Africa.


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