A victim in South African law is any person who suffers harm, loss, injury, or trauma as a result of a crime or wrongful act. This includes both physical and emotional harm, financial loss, or violations of human dignity. South African law recognises victims not only as witnesses but as individuals with rights to protection, support, and participation in the justice process.
On this page, you will learn how the law defines a victim, what rights victims have, which Acts protect them, the historical evolution of victim protection in South Africa, and the important points every citizen should know about the justice system’s duty towards victims.
Understanding the Term ‘Victim’ under South African Law
The South African legal framework recognises the rights of victims under the Victims’ Charter of South Africa (2004), which gives effect to the Constitution of the Republic of South Africa, 1996.
The Victims’ Charter defines a victim as:
“A person who has suffered harm, including physical or mental injury, emotional suffering, economic loss, or substantial impairment of rights through acts or omissions that are violations of criminal law.”
This definition covers victims of crimes such as assault, fraud, rape, theft, domestic violence, child abuse, and murder. It also extends to the families of victims, especially in cases of death or severe trauma.
Key Legal Frameworks Protecting Victims in South Africa
| Law / Act | Purpose |
|---|---|
| Constitution of South Africa, 1996 (Sections 9, 10, 12, and 35) | Guarantees equality, dignity, freedom from violence, and fair treatment in the justice system. |
| Victims’ Charter of South Africa (2004) | Outlines the rights of victims during and after the criminal process. |
| Criminal Procedure Act, 1977 (Act 51 of 1977) | Regulates victims’ roles in criminal cases, including giving evidence and restitution. |
| Domestic Violence Act, 1998 (Act 116 of 1998) | Protects victims of domestic abuse through protection orders and legal recourse. |
| Children’s Act, 2005 (Act 38 of 2005) | Provides special protection for child victims of abuse or neglect. |
| National Instruction 3 of 2008 (SAPS Victim Empowerment) | Directs police on how to handle victims with compassion and sensitivity. |
Historical Evolution of Victim Rights in South Africa
Before 1994, the South African justice system focused mainly on punishing offenders, with little recognition of victims’ rights or emotional well-being. Victims were often seen as mere witnesses.
After democracy, the Constitution (1996) and the Victims’ Charter (2004) shifted the focus towards restorative justice, where the victim’s dignity, safety, and voice became central.
This change aimed to restore balance — ensuring that justice serves both society and those personally affected by crime.
Government departments such as the Department of Justice and Constitutional Development and Department of Social Development introduced Victim Empowerment Programmes (VEP) to provide trauma counselling, shelter, and legal support.
Types of Victims Recognised in South African Law
- Direct Victims: People who suffer harm directly from a criminal act (for example, an assault victim).
- Indirect Victims: Family members or dependants who suffer because of harm to another person (for example, families of murder victims).
- Secondary Victims: People traumatised by witnessing a crime (for example, children who see domestic violence).
- Vulnerable Victims: Includes women, children, the elderly, and people with disabilities — who are given extra protection in law.
Rights of Victims in South Africa
The Victims’ Charter lists several rights that victims are entitled to throughout the criminal justice process:
- The Right to Fair Treatment — Victims must be treated with respect, compassion, and dignity.
- The Right to Information — Victims must be kept informed about case progress, arrests, and court outcomes.
- The Right to Protection — Victims must be protected from intimidation or further harm.
- The Right to Participation — Victims may make victim impact statements during sentencing.
- The Right to Restitution and Compensation — Courts can order offenders to pay for losses or damages.
- The Right to Assistance — Victims can access counselling, medical care, and shelter through Victim Empowerment Centres.
Real Example
A survivor of gender-based violence (GBV) reports her case to the South African Police Service (SAPS). She is referred to a Thuthuzela Care Centre, where she receives medical treatment, counselling, and help opening a case.
She is then assisted by a Victim Assistant Officer under the Victim Empowerment Programme, ensuring she understands her rights and the court process.
This process ensures she is not just a witness — but an active participant whose dignity and healing are central to justice.
5 Important Points Every South African Should Know about Victims’ Rights
- Victims have the right to be treated with dignity and respect — no matter the crime or circumstance.
- Police must refer victims to support services, including counselling or safe housing.
- You can request case updates from the investigating officer or prosecutor.
- Victim impact statements allow you to describe to the court how the crime affected your life.
- All government departments must coordinate to ensure that victims get the support they need — this is part of the Victims’ Charter mandate.
Implications of Victim Protection Laws
Victim protection laws aim to:
- Promote justice that heals rather than just punishes.
- Reduce secondary trauma during court proceedings.
- Strengthen trust in the justice system by treating victims fairly.
- Ensure equal access to information and services.
- Encourage more victims to report crimes confidently.
These protections reflect South Africa’s commitment to a human rights–based justice system that prioritises dignity, equality, and compassion.
Legal Framework Summary
| Institution | Role |
|---|---|
| Department of Justice and Constitutional Development | Oversees the Victims’ Charter and victim empowerment programmes. |
| South African Police Service (SAPS) | Provides protection and assists victims when reporting crimes. |
| National Prosecuting Authority (SOCA Unit) | Supports victims through prosecution and sexual offences courts. |
| Department of Social Development (VEP) | Offers counselling, shelters, and social reintegration. |
| South African Human Rights Commission (SAHRC) | Monitors the protection of victims’ constitutional rights. |
FAQs About Who Is Considered a Victim in South African Law
In South African law, the concept of a victim goes beyond someone who has been physically harmed.
It includes anyone whose rights, dignity, or property have been violated by the actions of another.
These FAQs explain who is considered a victim, the laws that protect victims, and the rights they have in the justice system.
Who is considered a victim in South African law?
A victim in South African law is any person who has suffered physical, emotional, psychological, financial, or social harm as a result of a crime, abuse, or unlawful act.
This includes direct victims (those personally affected) and indirect victims (such as family members of someone who has died because of a crime).
What law defines and protects victims in South Africa?
Victims’ rights and protection are guided by several key laws, including:
- The Constitution of South Africa, 1996, which guarantees equality, dignity, and freedom from violence.
- The Victims’ Charter (2004), which sets out the rights and treatment of victims in the criminal justice process.
- The Domestic Violence Act, 1998 (Act 116 of 1998) – protects victims of domestic abuse.
- The Sexual Offences and Related Matters Act, 2007 (Act 32 of 2007) – protects victims of sexual crimes.
- The Criminal Procedure Act, 1977 (Act 51 of 1977) – provides for victims’ participation in criminal proceedings.
These frameworks ensure that victims are treated with respect, protected from further harm, and given access to justice.
Who can be considered a victim in South Africa?
Examples include:
- A person physically or emotionally harmed by a criminal act (e.g. assault, robbery, rape).
- A child who suffers neglect, abuse, or exploitation.
- A person defrauded or robbed of property or money.
- A victim of domestic or gender-based violence.
- The family of a person murdered or seriously injured.
- Victims of state misconduct, human rights violations, or workplace discrimination.
South African law recognises that victims may suffer in different ways — not just physically, but also mentally and financially.
What are the main rights of victims in South African law?
The Victims’ Charter outlines the following key rights:
- Right to be treated with fairness and respect for dignity and privacy.
- Right to offer information during investigations or trials.
- Right to receive information about arrests, bail, trial dates, and sentencing.
- Right to protection from intimidation or secondary victimisation.
- Right to compensation or restitution where possible.
- Right to legal assistance and social support services.
- Right to attend parole hearings and make representations if the offender is released.
What is the Victims’ Charter in South Africa?
The Victims’ Charter, introduced in 2004 by the Department of Justice and Constitutional Development, is a national guideline that explains what victims can expect from the justice system.
It is not a law on its own but helps ensure that police, prosecutors, and courts treat victims humanely and with respect.
How does South African law protect victims of gender-based violence (GBV)?
Victims of GBV are protected by:
- The Domestic Violence Act – allows victims to apply for protection orders.
- The Sexual Offences Act – criminalises rape, sexual assault, and exploitation.
- The National Strategic Plan on Gender-Based Violence and Femicide (2019) – strengthens victim services and accountability.
Victims are also entitled to counselling, shelter, medical treatment, and police protection.
What is secondary victimisation?
Secondary victimisation occurs when victims are treated unfairly or disrespectfully by those meant to help them — such as police officers, healthcare workers, or court officials.
It can include being blamed, ignored, or retraumatised by insensitive questioning.
The Victims’ Charter and Department of Justice policies prohibit this type of treatment.
Can victims get compensation in South Africa?
Yes. Victims can seek compensation or restitution through:
- Criminal courts, where offenders are ordered to repay damages.
- Civil claims, for financial losses or emotional harm.
- The Criminal Procedure Act, Section 300, which allows a magistrate to order restitution.
In some cases, government funds or NGOs help cover counselling, legal support, or temporary relief.
Are victims involved in parole hearings?
Yes. Victims or their families can make written or oral representations at parole hearings.
This allows them to express how the crime affected them and whether they believe the offender should be released.
This right is protected under the Correctional Services Act, 1998 (Act 111 of 1998).
Can children be recognised as victims under South African law?
Yes. Under the Children’s Act, 2005, and the Child Justice Act, 2008, children can be recognised as victims of abuse, neglect, exploitation, or violence.
The law ensures that their best interests are always prioritised in any legal process.
What support services are available for victims in South Africa?
Victims can access help from:
- Thuthuzela Care Centres (TCCs) – one-stop centres for victims of sexual offences.
- Family Violence, Child Protection and Sexual Offences Units (FCS) within SAPS.
- Department of Social Development – counselling, shelters, and social workers.
- Legal Aid South Africa – free legal advice for eligible victims.
- South African Human Rights Commission (SAHRC) – for human rights-related violations.
Why is recognising victims important in South African law?
Recognising victims ensures that justice is not only about punishing offenders but also about restoring dignity, safety, and healing.
South Africa’s legal framework focuses on victim empowerment to rebuild lives, strengthen trust in the justice system, and prevent repeat victimisation.
Conclusion: Understanding Victims in South African Law
A victim in South African law is not a silent observer — they are a recognised participant in the pursuit of justice. The Constitution and Victims’ Charter ensure that victims are heard, protected, and supported throughout the legal process.
By understanding their rights, victims can actively demand fair treatment and dignity in the justice system.
South Africa’s approach to victim protection continues to evolve — moving toward a society where healing, fairness, and accountability work hand in hand to restore balance after harm.
