REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
148.
In terms of the Act, victims of sexual offences are entitled to Post Exposure Prophylaxis (PEP). They
are also entitled to apply for an order that the alleged offender be tested for HIV and that the
results thereof be disclosed to the victim. The Domestic Violence Act, 1998359 imposes a duty on
the SAPS to render such assistance as may be required by victims of domestic violence. Such
assistance may include finding suitable shelter and obtaining medical treatment for victims. The
IPID is mandated to monitor whether members of the SAPS discharge this duty as required by law.
149.
In order to implement the provisions of the various pieces of legislation on victim protection,
South Africa adopted, in 2009, the National Policy Guidelines for Victim Empowerment. The
priority target groups for victim empowerment under the Policy Guidelines include women,
victims of domestic violence, victims of sexual assault and rape, victims of human trafficking, and
abused children. In this regard, it seeks to ensure sound inter-departmental and inter-sectoral
collaboration and the integration of effective institutional arrangements for a multi-pronged
approach in managing victim empowerment. The Policy Guidelines are based on the concept of
restorative justice which revolves around the promotion of a victim-centred approach to criminal
justice.
150.
The National Policy Guidelines for Victim Empowerment complement the National Policy
Guidelines for the Handling of Victims of Sexual Offences adopted in 1998 and the Service Charter
for Victims of Crime (Victims Charter) in South Africa adopted in 2004. Pursuant to the Victims
Charter, victims of crime are entitled to the following rights at a minimum: the right to be treated
with fairness and with respect for dignity and privacy; the right to offer information; the right to
receive information; the right to protection; the right to assistance; the right to compensation;
and the right to restitution. Training on the Victims Charter has been on-going since its adoption.
151.
South Africa, under the auspices of the National Prosecuting Authority’s Sexual Offences and
Community Affairs Unit, established Thuthuzela Care Centres (TTCs) for rape victims and victims
of sexual and domestic violence. These centres, which are 24-hour one-stop centres assist victims
of sexual offences by offering a victim-friendly environment that helps eliminate secondary
victimization. At these centres rape victims have access to all services such as the police,
counselling, doctors, court preparation and prosecution.
152.
The number of TTCs in the country has increased from 10 in 2007-2008, 17 in 2008-2009, 28 in
2009-2010, and about 35 fully operational sites during 2012 -2013 year. Table 7 below indicates
the activities of the TTCs over a period of four financial years.
359
Act No. 116 of 1998
177
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