PREFACE

This discussion paper (which reflects information gathered up to the end of February 2001) was prepared by the Centre for the Study of Violence and Reconciliation on behalf of the subcommittee of the project committee on sentencing (Victim Focus Group) to elicit responses and to serve as a basis for the Commission’s deliberations, taking into account any responses received. The views, conclusions and recommendations in this paper are accordingly not to be regarded as the Commission’s final views. The discussion paper is published in full so as to provide persons and bodies wishing to comment or to make suggestions for the reform of this particular branch of the law with sufficient background information to enable them to place focussed submissions before the Commission.

Respondents are requested to submit written comments, representations or requests to the Commission by 31 July 2001 at the address appearing on the previous page. The researcher will endeavour to assist you with particular difficulties you may have. Comment already forwarded to the Commission should not be repeated; in such event respondents should merely indicate that they abide by their previous comment, if this is the position. The researcher allocated to this project, who may be contacted for further information, is Mr W van Vuuren.

The Commission will assume that respondents agree to the Commission quoting from or referring to comments and attributing comments to respondents, unless representations are marked confidential. Respondents should be aware that the Commission may in any event be required to release information contained in representations under the Constitution of the Republic of South Africa, Act 108 of 1996.

The Commission would like to express its appreciation to the Legislative Drafting Project of the GTZ (Deutsche Gesellschaft für Technische Zusammenarbeit) and its project manager, Mr R Pfaff, for the technical and financial assistance. With the assistance of the GTZ, the research was conducted by the Centre for the Study of Violence and Reconciliation. The research was commissioned to assist the Commission in acquiring data and other information on the feasibility of establishing a compensation fund for victims of crime in South Africa.

A Compensation Scheme for Victims of Crime in South Africa

Research Commissioned by German Technical Co-operation (GTZ) and the South African Law Commission. Report produced by the Centre for the Study of Violence and Reconciliation.

15 February 2001

This report was compiled by the Centre for the Study of Violence and Reconciliation, South Africa. It was commissioned by German Technical Co-operation (GTZ) and the South African Law Commission. Thanks to Rainer Pfaff (GTZ), the members of the South African Law Commission and the Victim Focus Group sub-committee of the Project Committee on Sentencing headed by Verne Petersen.

Staff at the Centre for the Study of Violence and Reconciliation who contributed or assisted with this report include:

Brandon Hamber (Project coordinator and final edit)

David Bruce

Polly Dewhirst

Amanda Dissel

Helen Hajiyiannis

Gloria Hlope

Caron Kgomo

Mosley Lebeloane

Xoliswa Ntintili

Sibusiso Ntuli

Janine Rauch

Mary Robertson

Graeme Simpson

Lisa Vetten

Senior Consultants:

Anthony Altbeker (Economics)

Kate Savage (Legal)

Thanks to Barbara English from Wordsmiths for her outstanding editorial assistance and Mark Isserow for his statistical assistance and co-authoring of Chapter Five.

Contact Details:

Centre for the Study of Violence and Reconciliation, PO Box 30778, Braamfontein, 2017. Tel: +27 11 4035650 Fax: +27 11 3396785

Email: bhamber@csvr.org.za

German Technical Assistance, GTZ Office, PO Box 13732, Hatfield Pretoria, 0028, Tel: +27 12 3226440 Fax: +27 12 3227559

Email: pfaff@salawcom.org.za

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