Victims rights Charter and Minimum service Standards, but acknowledges our status as indirect victims of crime.
1 Introduction
The Service Assurance Charter (SAC) describes the Service Level Agreement (SLA), which contains clauses to reduce the financial demise the population experiences as a direct and/or indirect result of crime. The Service Assurance Charter explains the business methodology roles of the service provider who delivers services related to crime, the customer, the financial impact of the service on the customer and the associated default compensation recourse the client will be entitled to as basic rights. SAC intends to motivate the Service Provider to deliver successful crime related services to all the population of South Africa.
The Service Assurance will provide detailed information to enable you to exercise your rights and the conditions associated to such rights.
Service Assurance closes the open part of the loop for the customer within the Victim’s Charter, the Minimum Service Standards and the service delivery impact as experienced by the customer within the boundaries of the Constitution.
The Service Assurance Charter was developed within the spirit of the Constitution, which is based on the rule of law, where everyone is equal before this law and the law is equally applied to all.
This Charter
categorizes direct and indirect victims of crime as well as categories of such victims
is scoped from the viewpoint of the financial impact the customer experiences and lawful expectations of the customer to receive a successful crime service from the service provider on a continuous and equitable basis.
The Service Assurance Charter is consonant with the provisions of section 234 of the Constitution.
All laws and government processes and procedures, the Victims charter, Minimum service charter and possible victims fund must complement this charter in full.
2 Objectives
This charter recognizes that the services related to crime have failed you if you experience a crime and /or if you have to spend after tax money and/or effort to prevent crime for yourself, your family and possessions. The clauses within this charter intend to reduce any further financial demise on your part by claims allowed against the state treasury under certain conditions. In addition, the charter realizes that the state treasury income should not be disadvantaged due to the relevant claims and therefore accommodates government by recognizing that the government treasury may become a victim of crime and addresses the scenario where applicable.
3 Business methodology
3.1 The customer
The customer is the legal citizen, resident of the country or the legal visitors to the country on whom the service is delivered. The customer expects the service to be delivered successfully on a continuous and equitable basis.
3.2 The Service Provider
The Service provider is the accountable party whom delivers the service onto the customer, in this case the government.
3.3 The Service
The service is the objects which must be delivered by a service provider onto it’s customers.
In this case, the service objects are directly related to crime.
3.4 Service Level Agreement clauses
Rights bestowed on the customer to claim certain financial compensation from the state treasury in the event that the service fails the customer.
3.5 Customer financial obligation
The customer is obliged to financially contribute to the state treasury in the form of taxes, which is recognized as the payments to the service provider to deliver the service successfully.
4 Service Level Agreement
4.1 Direct Victim of Crime
If you are a direct victim of crime, the services related to crime have failed you. You have experienced a crime perpetrated against you and/or your dependants. The rights described in this charter do not limit any rights as described in the Victims Charter, however, the V.A.T portion can only be claimed back from the perpetrator by government.
This claim will be known as the V.A.T Compensation claim (V.A.T.C.C).
The V.A.T. compensation claim must be submitted to the Public Prosecutor on demand within 30 days of finalization of the claim.
4.1.1 Customer Claim
You and/or the party who assists you financially, have the right to claim back all the Value Added Tax (V.A.T.), from SARS for any transaction directly related to the specific crime, be it goods replacement, repair of damages, medical expenses or services.
This claim will be lodged against SARS:
As an individual citizen, resident, during the process of periodic Tax claims
as a company, during the VAT submission process
as the estate executor of a deceased, during the process of estate duty obligations
as a visitor to the country before leaving the country.
4.1.2 Conditions
This right will be exercised under the following conditions:
A criminal case was opened with the police and a case number furnished. The case information must reflect that the goods were stolen/damaged/lost due to crime. Lost goods per sé do not qualify if crime cannot be proved and
The crime was not committed by a direct member of the family
A tax claim is submitted to the office of the South African Revenue Service
The public prosecutor and/ or station commander has signed the claim or
Your legal advisor has signed the claim
with a motivation(s) which tracks the costs and relevant association to the specific crime
including proof of ownership of the stolen goods.
A claim against a government Victims fund has not been submitted
4.1.2.1 Replacement of goods
Any item which was lost/stolen/damaged in the event of a crime, which is replaced by the victim themselves, or their insurance, or other parties on their behalf, or as assistance, must have a zero rated V.A.T amount.
4.1.2.2 Medical expenses
All medical expenses as a direct result of crime
4.1.2.3 Other
Elaborate
4.1.3 Government Claim
Government has the right to claim back all the Value Added Tax (V.A.T.) from the criminal as per Conditions for Government claim section (4.1.4), as the department of Finance is recognized to be a direct victim of crime now and must fulfill it’s obligations to recover V.A.T.
4.1.4 Conditions for Government claim
This right will be exercised under the following conditions:
on the date of sentencing of the accused and request the prosecutor to apply to court for a compensation order in terms of section 297 and 300 of the Criminal Procedure Act, Act 51 of 1977,
or after sentencing when the V.A.T compensation claim is available.
“Compensation” refers to an amount of money that a victim of crime has, or will claim back as V.A.T. from the state treasury.
The prosecutor will inform the accused of the status of the V.A.T compensation claim on the date of sentencing.
The clerk of the court will assist government with the enforcement of a compensation order granted by the court.
4.2 Deceased Victim of Crime
If the customer is killed in a crime, the services related to crime have failed the customer and the customer’s right to life was violated. The customer has experienced a crime perpetrated against him/her.
Customer claim rights for the categories non-dependant (main or secondary income generator), dependant(s) or both, are addressed. The rights described in this charter do not limit any rights as described in the Victims Charter, however, the estate duty portion can only be claimed back from the perpetrator by government
This exemption is an attempt and state acknowledgement at restitution of the financial demise of the direct family and/or inheritors of the specific estate.
.
This claim will be known as the Estate Compensation claim (E.C.C).
The executor of the estate and/or the guardian must submit the Estate Compensation claim (ECC) to the Public Prosecutor within 30 days after finalization.
4.2.1 Customer claim non-dependant
A non-dependant is defined to be the person who is an main or secondary income generator and support the main/secondary or dependants members in the family. Two claims may emanate in this scenario:
4.2.1.1 Estate part
The executor of the state will process the estate of the deceased as per normal laws, regulations, procedures and processes, however, government will exempt the estate from all duties owed to government in total. Government will reimburse the dependants and/or inheritors of the deceased estate, any amounts outstanding within the shortest possible time. This right is limited to the victim of the crime party or parties of only and not the perpetrator or parties of the perpetrator, in the event that the perpetrator is killed.
4.2.1.2 Lifestyle part
The dependants/main/secondary income generator may further lodge a claim against government to pay such party a taxable amount per year equivalent to the current yearly taxable income of the non-dependant deceased, with increases calculated on such income based on the accepted inflation of the particular year minus payouts from pension, provident funds minus payouts from life insurance cover. This yearly payout will ensue for the lifetime of the spouse and/or when the last child has reached the age of 21.
4.2.2 Conditions
This right will be exercised under the following conditions:
A criminal case was opened with the police and a case number furnished
the estate is found not to be in breach of any law or
where a family killing is not the cause,
or where the person who died as a direct result of crime, is not found to have staged their own death in suicide or criminally veiled.
A claim against a government Victims fund has not been submitted
4.2.3 Customer claim dependant
A dependant is defined to be the person who is financially dependant on another party.
The government will reimburse the guardian of such deceased dependant an amount not more than R10,000 per life year of such deceased, up to the age of 25. A sliding scale will apply, based on the taxable income of the non-dependant on an average for the last 3 years of such income. The sliding scale will be in line with the latest taxable income settings. The maximum amount to be reimbursed will not exceed R250,000. The final claim will subtract life insurance cover payouts for the dependant. A default value will be set at not less than the dependant tax allowance for the current year per dependant.
This claim will be known as the Dependant Compensation claim (D.C.C).
The executor of the estate and/or the guardian must submit the Dependant Compensation claim (ECC) to the Public Prosecutor within 30 days after finalization.
4.2.4 Conditions
This right will be exercised under the following conditions:
A criminal case was opened with the police and a case number furnished
the dependant is not liable for an estate process
where a family killing is not the cause,
or where the person who died as a direct result of crime, is not found to have staged their own death in suicide or criminally veiled
or where the parents have not staged the death of the dependant(s)
A claim against a government Victims fund has been submitted
4.2.5 Government Claim
Government has the right to claim back all the Estate/Dependant Compensation claim moneys from the criminal as per Conditions for Government claim section (4.2.8), as the department of Finance is recognized to be a direct victim of crime now and must fulfill it’s obligations to recover such moneys.
4.2.6 Conditions for Government claim
This right will be exercised under the following conditions:
on the date of sentencing of the accused and request the prosecutor to apply to court for a compensation order in terms of section 297 and 300 of the Criminal Procedure Act, Act 51 of 1977,
or after sentencing when the Estate/Dependant compensation claim is available.
“Compensation” refers to an amount of money that an executor of the estate and/or the guardian/dependant has, or will claim back from the state treasury.
The prosecutor will inform the accused of the status of the Estate/Dependant compensation claim on the date of sentencing.
The clerk of the court will assist government with the enforcement of a compensation order granted by the court.
4.3 Indirect Victim of Crime
All reasonable private expenses by a customer for safety and security reasons are recognized to be for crime prevention and must be tax deductible. Such expenses are commonly known to be related to crime reaction units, security alarms and equipment, security fencing and lights, vehicle tracking, effort pertaining to CPF’s etc. In many cases, a short term Insurer will demand such crime deterrent expenses to minimize their risks, which is a clear indication of the uncontrolled nature of crime.
This charter recognizes
the financial impact which crime prevention services (or lack of), has on the customer and entice customers to participate in crime prevention within the limits as per the conditions section
that customer needs for crime prevention will be diverse and expenditure accordingly.
that government should make every attempt to ensure crime is prevented in order to limit expenditure and effort on the customer’s part
This claim will be known as the Crime Prevention claim (C.P.C).
4.3.1 Crime prevention claim
The customer may lodge crime prevention claims with every periodic Tax claim within the boundaries of the conditions section.
In the case of visitors to the country, such costs cannot be claimed directly from the government institutions, however, this charter advises the department of tourism to enlighten visitors on their rights and the current crime situation. The sponsor of the visitor may submit claims for such expenditures, but may not charge the visitor for the costs related to the claim.
4.3.2 Conditions
This right will be exercised under the following conditions:
A tax claim is submitted to the office of the South African Revenue Service
Listing all costs for crime prevention per item per month
With a motivation of a list of crime prevention items and respective costs per item per month
With a motivation related to effort and expenditure where the customer is actively involved in a CPF and/or reservist in the SAPS
with a motivation(s) from an Insurer whom must substantiate their requirements to insure the customer and the average respective costs per item per month (Optional where the customer is insured)
confirmation that the customer is involved in a CPF and the extent of involvement (Optional)
confirmation that the customer is a reservist in the SAPS and extent thereof (Optional)
any successes to crime prevention/reduction within area which must endorsed by the local station commander (Optional)
A claim against a government Victims fund has not been submitted
5 False claims
Any false claim and/or false information on the customer’s part will constitute a criminal offense of fraud and be dealt with accordingly.
All related claims will be nullified with immediate effect.
