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CMY3705 ASSIGNMENT 1 SEMESTER 1 2026
ANSWERS
DUE DATE: 7 APRIL 2026
Victim Impact Statements in South African Sentencing
Introduction
Victim Impact Statements (VIS) have become an increasingly significant feature of the South
African criminal justice system, reflecting a broader global shift toward victim-centred justice and
restorative approaches. Historically, criminal proceedings prioritised the state and the accused, often
relegating victims to the role of mere witnesses. However, the constitutional dispensation
introduced by the Constitution of the Republic of South Africa, 1996 foregrounded values such as
dignity, equality, and access to justice, thereby creating a normative foundation for enhanced victim
participation. Within this framework, VIS serve as a mechanism through which victims and their
families can communicate the full extent of harm suffered as a result of crime, particularly during
sentencing proceedings governed by the Criminal Procedure Act 51 of 1977 and policy instruments
such as the Service Charter for Victims of Crime in South Africa.
Despite their promise, the practical implementation of VIS in South Africa remains uneven and
complex. Their effectiveness is shaped by a range of interrelated factors, including victims’
emotional readiness, power imbalances within the courtroom, linguistic diversity, timing of
submission, disparities between urban and rural justice systems, and the availability of victim
support services. Moreover, while VIS are intended to empower victims, poorly managed processes
can result in secondary victimisation, thereby undermining both their therapeutic and evidentiary
value. This essay provides an integrated and critical analysis of these dynamics, examining the
extent to which VIS enable meaningful victim participation and influence sentencing outcomes,
while also considering broader issues of agency, meaning-making, and post-sentencing engagement.
Victim Impact and Harm
At the core of VIS lies the imperative to articulate victim impact and harm in a manner that
transcends the abstract legal framing of offences. In South African sentencing jurisprudence, courts
are required to consider not only the nature of the crime and the circumstances of the offender but
also the consequences of the offence for the victim. VIS thus function as a conduit through which
the lived realities of victims—encompassing physical injury, psychological trauma, emotional
distress, financial loss, and social dislocation—are brought before the court.
The effectiveness of this articulation is, however, contingent on the victim’s ability to convey these
experiences coherently and comprehensively. Emotional readiness plays a crucial role in this regard.
Victims who are still in acute stages of trauma may struggle to provide structured accounts, leading
to statements that are fragmented or incomplete. Conversely, victims who have received adequate
CMY3705 ASSIGNMENT 1 SEMESTER 1 2026
ANSWERS
DUE DATE: 7 APRIL 2026
Victim Impact Statements in South African Sentencing
Introduction
Victim Impact Statements (VIS) have become an increasingly significant feature of the South
African criminal justice system, reflecting a broader global shift toward victim-centred justice and
restorative approaches. Historically, criminal proceedings prioritised the state and the accused, often
relegating victims to the role of mere witnesses. However, the constitutional dispensation
introduced by the Constitution of the Republic of South Africa, 1996 foregrounded values such as
dignity, equality, and access to justice, thereby creating a normative foundation for enhanced victim
participation. Within this framework, VIS serve as a mechanism through which victims and their
families can communicate the full extent of harm suffered as a result of crime, particularly during
sentencing proceedings governed by the Criminal Procedure Act 51 of 1977 and policy instruments
such as the Service Charter for Victims of Crime in South Africa.
Despite their promise, the practical implementation of VIS in South Africa remains uneven and
complex. Their effectiveness is shaped by a range of interrelated factors, including victims’
emotional readiness, power imbalances within the courtroom, linguistic diversity, timing of
submission, disparities between urban and rural justice systems, and the availability of victim
support services. Moreover, while VIS are intended to empower victims, poorly managed processes
can result in secondary victimisation, thereby undermining both their therapeutic and evidentiary
value. This essay provides an integrated and critical analysis of these dynamics, examining the
extent to which VIS enable meaningful victim participation and influence sentencing outcomes,
while also considering broader issues of agency, meaning-making, and post-sentencing engagement.
Victim Impact and Harm
At the core of VIS lies the imperative to articulate victim impact and harm in a manner that
transcends the abstract legal framing of offences. In South African sentencing jurisprudence, courts
are required to consider not only the nature of the crime and the circumstances of the offender but
also the consequences of the offence for the victim. VIS thus function as a conduit through which
the lived realities of victims—encompassing physical injury, psychological trauma, emotional
distress, financial loss, and social dislocation—are brought before the court.
The effectiveness of this articulation is, however, contingent on the victim’s ability to convey these
experiences coherently and comprehensively. Emotional readiness plays a crucial role in this regard.
Victims who are still in acute stages of trauma may struggle to provide structured accounts, leading
to statements that are fragmented or incomplete. Conversely, victims who have received adequate
