Media Statement 30th March 2011 POPCRU supports the Amendment of the Criminal Procedure Act [ACT No.51/1977], Section 188 POPCRU has noted the consultative process led under the auspices of the Department of Justice and Constitutional Development [DJCD] on amendment of the Criminal Procedure Act, Section 188 which reads “Failure by a Witness to attend or to remain in attendance”, Subsection 188 [1] which further reads “that any
person who is subpoenaed to attend a criminal proceedings and who fails to attend or to remain in attendance at such proceedings, and any person who is warned by the court to remain in attendance at criminal proceedings and who fails to remain in attendance at such proceedings, and any person so subpoenaed or warned so who fails to appear at the place and on the date and at the time to which proceedings in question may be adjourned or who fails to remain in attendance at such proceedings as so adjourned, shall be guilty of an offence and liable to the punishment contemplated in subsection [2].And the provisions of Section 170 [2] shall mutatis mutandis apply with reference to any person referred to in subsection [1]”. It is argued that the section has the same tone as Section 170 [1] which reads “An accused at criminal proceedings who is not in custody and who has not been released on bail, and who fails to appear at the place and on the date and at the time to which such proceedings may be adjourned or who fails to remain in attendance at such proceedings as so adjourned, and [2] shall be guilty of an offence and liable to the punishment prescribed under subsection [2].And a warrant of arrest may be issued unless the accused satisfies the court that his/her failure was not due to fault on his part, and shall be sentenced to a fine not exceeding R300 or to improvement for a period not exceeding three months”, in relation to the “failure of accused to appear after adjournment or to remain in attendance”. We argue that the amendments must support eradication of unfair discrimination and avoid abuse of rights of women and children in particular.And the worst case scenario we have experienced is when victims are arrested together with perpetrators in the same cell in institutionalizing victimization based on Section 188 throught the "arrest for failure to appear or remain in attendance" concept. Many Non-Governmental Organizations and Civil Society Organizations are unanimous that Section 188 does not promote protection of victims of crime rights in the spirit of the Victims Charter and Minimum Service Standards on Victims of Crime, 2004. POPCRU has welcomed the processes and adjure all progressive organizations inclusive of the South African Police Services, Department of Correctional Services, Department of Justice and Constitutional Development, National Prosecuting Authority and Department of Social Development, to support the developments to ensure that human rights are protected in general and victims of crime in particular. Victims of crime have a right to be treated with fairness and with respect to maintain their dignity and privacy. For more information contact: POPCRU General Secretary-Cde Nkosinathi Theledi 0825677803 Issued by: Mampane Norman National Spokesperson Police and Civil Rights Union Tel: 0112424600/4615 Cell: 0720737959 Email: [email protected] www.popcru.org.za 01 Marie Road Auckland Park 2006 -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] .
