No case illustrates better the pressing need for a fund specifically to compensate and assist victims of crime than that of nine township children, allegedly sexually abused by German immigrant Werner Braun.
Braun fled the country via Namibia at the end of 2005 when police investigations got too hot for him, leaving behind a house valued at R3,7 Million and a BMW X5 worth a couple of hundred thousand rands. These have since been attached and preserved by the National Prosecuting Authority (NPA) as instruments of crime in terms of the Prevention of Organised Crime Act (POCA) — both were used by Braun for his sexual acts with the children. Six cases in terms of the Sexual Offenses Act involving sex with the nine under age children from Khayelitsha and Macassar are pending. The children have no legal representation and their only status thus far before the courts is as complainants.
Should the attachment of Braun’s assets worth over R4 Million be made final, they will go into the Criminal Assets Recovery Account (CARA). Although the funds in the account can be applied for victims of crime thus far a paltry R3,5 million out of approximately R200 million deposited in CARA so far has been allocated for this purpose, and then only through a transfer to the Department of Social Development. There is no information as to what it was used for.
The Democratic Alliance (DA) has over the past seven years repeatedly attempted to establish a fund for victims of crime, to be funded by the proceeds of crime garnered through POCA, thus far to no avail. We have handed in no less than three Private Members’ Bills establishing such a fund — the latest in 2006 — but none has yet been pursued by Parliament or government.
Significantly, the South African Law Reform Commission completed its report on establishing a compensation fund for victims of crime in 2004. The report, which was sent to the Minister of Justice, Brigitte Mabandla, that year called for a fund to be established to develop services for victims.
Repeated attempts by the DA and other parties to persuade the minister to release the report or give access to it have failed. Presumably Mabandla is unsure as to what to do with it. What is very clear is that if the nine child sexual assault victims could have access to the Braun assets once forfeited to the state, they would be able to employ a lawyer or lawyers to act for them in any damages claim they might have against Braun and his estate for his illegal actions.
It is not that there is no precedent internationally for this. In Canada, Australia, New Zealand, and even the United States and the United Kingdom, the civil claims of victims of crime against the forfeited assets of the perpetrator are beginning to be acknowledged.
In South Africa’s courts the principle that the proceeds of crime confiscated by the NPA and paid into CARA can be used to pay back material goods, such as money on shares stolen from victims, has been accepted and applied.
In the case of the nine child sexual assault victims it might be difficult to quantify their damages, but if they were able to access the forfeited Braun assets they would be in a position at least to retain a lawyer to look after their interests. As it is, they are all dirt poor, powerless and without legal representation, victims of beastly crimes who will probably land up on the scrap heap of South Africa’s legal system.
Child Protection Week started on the 26 May 2008. It is time again for the DA to repeat its calls for a Fund for Victims of Crime that would make all the difference in enabling victims such as these nine children to secure their rights.
I would love to see a victims fund. I think it is a brilliant idea, especially in view of the severe effects of our high crime rate.
In the case mentioned I immediately think that such a fund would enable the child victims to get good counseling and medical services that would last as long as they needed it.
A victims fund would enable all victims to get the medical and therapeutic support they need in the aftermath of a crime. I would go as far as saying that this support should extend (in a limited manner) to the immediate families of the victims. For example, families of rape and child abuse victims could be counselled on how best to support their loved ones.
And finally, they would be able to afford the legal representation they need to pursue further charges against the perpetrators if they so choose.
The DA would certainly go up in my estimation if they could pull this one off.
For your information.
There is a British Criminal injuries fund. There have been lots of cases where it refused to compensate child abuse victims, (because they hadn’t applied as childrem within two years, there was no medical report, couldnt prove it hadn’t been self inflicted, or accidental, the abuser was the parental responsible adult who wouldn’t give consent against themselves, the social services forgot to apply, the victim “aquiesed in the abuse”! despite being under the age of legal consent etc etc.)
you might like to ask the UK for information so that you can avoid the mistakes they made, let alone realise they had a prejudice against victims abd spent all their time making up rules to avoid paying out.
http://www2.halton.gov.uk/pdfs/socialcareandhealth/ss2008cic04
http://www.restorativejustice.org.uk/Resources/pdf/VS_rCompensation&Support4Vicitms.pdf
Odette, if you, along with the rest of us, vote the DA into power then they could pull this one off … or haven’t you figured that out yet?
@ Belle
Wow. So you vote for a party and then they get into power and do everything they promised to do? Amazing. Thanks for enlightening me. I feel so empowered now.
Hi Mrs Camerer,
I would like to congratulate you on our appointement as South Africa’s Ambassador to Bulgaria. You have done sterling work in parliament, and as a young South African your achievements are an inspiration. I would hope that you would continue to be an active Member of the Democratic Alliance, as your expertise is vast and appreciated. Your service to SA and its people wil now continue from foreign shores. I wish you the best of luck in Sofia.