- To
-
Select Committee on Security and Justice
- From
-
Martin Shebi
- Subject
- The Victim’s Invisibility in the Justice System — A Call for Balance and Accountability
- Date
- May 1, 2025, 7:06 a.m.
Dear Select Committee on Security and Justice,
I write to you not only as a concerned citizen and taxpayer but as a voice for countless South Africans who find themselves re-victimised — not by criminals alone, but by the very justice system designed to protect them.
Our Constitution rightly guarantees legal representation to accused persons, even at the state’s cost, to ensure a fair trial. However, what remains glaringly absent is equivalent support or advocacy for victims of crime, especially in cases where the perpetrator walks free due to poor investigative work or prosecutorial failure.
Let me paint the picture:
A person unlawfully enters my home, causes damage, and steals my property. By sheer luck, I identify them and report the matter to SAPS. They are arrested and immediately informed of their right to legal representation — which the state, through my tax contribution, provides without hesitation. However, during the course of the trial, the very system designed to ensure justice fails me: evidence is mishandled, the case is poorly presented, and the accused walks free.
What recourse do I, the victim, have?
There is no state-appointed legal representative to argue on my behalf.
No restitution offered for my losses.
No mechanism to hold the investigators or the system accountable for gross negligence.
And most importantly — no healing, no justice, and no dignity restored.
This imbalance is a silent betrayal of every law-abiding South African. We are asking the following from this Honourable Committee:
1. A comprehensive review of victim support mechanisms, including the provision of legal guidance or representation in serious cases.
2. Policy reform that introduces accountability for police incompetence, particularly when it results in the miscarriage of justice.
3. Creation of an independent oversight mechanism to monitor and evaluate SAPS handling of cases from a victim-centered perspective.
4. Stronger enforcement of victims’ rights, not just in social or emotional support, but in legal standing and access to justice.
We cannot continue to build a justice system that upholds the rights of the accused while leaving victims in the shadows. The state cannot afford to be generous in defence, yet absent in protection.
I respectfully urge this committee to lead the change, to spark a national conversation, and to begin building a system where justice is not a privilege of the accused but a guarantee to every citizen — especially those who have suffered loss.
Yours in accountability,
Mr. Martin Shebi
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