2024-03-29T15:31:38Z
https://journals.assaf.org.za/index.php/sacq/oai
oai:journals.assaf.org.za:article/25
2022-11-25T17:33:17Z
sacq:ED
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/25
2022-11-25T17:33:17Z
Institute for Security Studies & University of Cape Town
No. 52 (2015): June 2015
Resolution delayed
Gould, Chandre; Institute for Security Studies
2015-07-01
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/25
en_US
By the time you read this edition of South African Crime Quarterly the report from the Farlam Commission of Inquiry into the police massacre of mineworkers at Marikana will finally have been made public. The Commission’s report was handed to President Jacob Zuma on 31 March but he refused to make it public until 30 June, claiming that he needed time to consider the findings and recommendations before tabling it in Parliament. Injured mineworkers and the families of those who died were deeply frustrated but the slow pace of progress. They were concerned that the delay would affect their ability to lay civil claims against those in the police who were to be found responsible for the shootings. They were supported by civil society organisations, such as the Right To Know Campaign, which shared their concerns.
oai:journals.assaf.org.za:article/26
2022-11-25T17:33:17Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/26
2022-11-25T17:33:17Z
Institute for Security Studies & University of Cape Town
No. 52 (2015): June 2015
Databases for stolen art: Progress, prospects and limitations
Roodt, Christa; University of Glasgow
Benson, Bernadine; University of South Africa (UNISA)
2015-07-01
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/26
en_US
Addressing the illicit trade in stolen works of art and other heritage items is notoriously difficult. Before thefts of heritage items can be recorded, the object in question must be identified as having special significance. The investigation of the circumstances in which such an object was acquired and the enforcement of legal and ethical standards of acquisition become unduly complicated in the absence of a comprehensive national inventory of museum holdings and of a database of stolen art and cultural objects. This article considers the development of inventories and databases in South Africa and elsewhere. We argue that cross-sectoral cooperation in sharing databases needs to improve significantly in order to boost compliance with due diligence standards. To help restore the credibility of the trade in art and cultural objects, the South African Heritage Resources Information System site must be endorsed as the centralised database for heritage crime. This would provide ready access to databases, helping art market participants, law enforcement officers and customs officials in the investigation of stolen art works.
oai:journals.assaf.org.za:article/27
2022-11-25T17:33:17Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/27
2022-11-25T17:33:17Z
Institute for Security Studies & University of Cape Town
No. 52 (2015): June 2015
A survey of car guards in Tshwane: Implications for private security policy and practice
Steyn, Francois; University of Pretoria
Coetzee, Annika; University of Pretoria
Klopper, Harriet; University of Pretoria
2015-07-01
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/27
en_US
Car guards form an integral part of South Africa’s urban landscape. This article reports on a survey of 144 car guards in Tshwane to identify the implications of their work for private security policy and practice. The profile of respondents reflects their low socio-economic status and marginalisation from the formal economy. The study found that some car guards struggle to survive financially because of the daily levies payable to car guard agencies and the managers of shopping centres. The results of the study suggest that, despite positive sentiments and advancements in policy and legislation, regulation of the formal car guarding industry remains constrained due to inadequate implementation and monitoring. The article offers insights into the factors affecting car guarding as a form of private security in South Africa.
oai:journals.assaf.org.za:article/28
2022-11-25T17:33:17Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/28
2022-11-25T17:33:17Z
Institute for Security Studies & University of Cape Town
No. 52 (2015): June 2015
Preventing crime and violence through work and wages: The impact of the CommunityWork Programme
Bruce, David; Freelance researcher
2015-07-01
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/28
en_US
The article offers an analysis of the potential impact of the Community Work Programme (CWP) on crime and violence. The CPW is a public employment programme that was formally established within the government in 2010. The CWP may have an impact on crime and violence through a number of different ‘pathways’. One of these, the focus of this article, is through wages provided to the participants, 75% of whom are women. Notable here is the likely impact of these wages on the households of participants, including on their children and intimate partner relations. Whereas the CWP may have a beneficial impact on children in a household, there appears to be the potential that the CWP may aggravate the risk of violence, particularly for female participants who have unemployed partners. The article argues that if the crime prevention potential of the CWP is to be optimised, this motivates for providing ‘gender training’ to participants who may be at risk of intimate partner violence. In addition, limited male participation may reinforce a pattern of male exclusion, motivating for increasing the participation of men within the CWP.
oai:journals.assaf.org.za:article/29
2022-11-25T17:33:17Z
sacq:cn
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/29
2022-11-25T17:33:17Z
Institute for Security Studies & University of Cape Town
No. 52 (2015): June 2015
Bokolo v S 2014 (1)sacr 66 (sca): The practicality of challenging dna evidence in court
Lubaale, Emma Charlene; University of Pretoria
2015-07-01
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/29
en_US
The techniques used in DNA profiling are well established and scientifically validated. The scientific validity of DNA evidence can, however, be so persuasive that such evidence risks being reduced to proof of guilt or innocence. Thus, the incorrect use of DNA evidence could lead to a miscarriage of justice where the innocent are convicted and the guilty are acquitted. Drawing from the Supreme Court of Appeal decision in Bokolo v S (Bokolo case), this case note discusses how DNA evidence can be placed in its proper forensic context. The article sets out the ideal role of expert witnesses, the role of opposing or neutral experts, and the active role of judicial officers in evaluating DNA evidence.
oai:journals.assaf.org.za:article/30
2022-11-25T17:33:17Z
sacq:tc
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/30
2022-11-25T17:33:17Z
Institute for Security Studies & University of Cape Town
No. 52 (2015): June 2015
Intelligence-led policing: A proactive approach to combating corruption
Budhram, Trevor; University of South Africa
2015-07-01
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/30
en_US
Corruption causes substantial social and economic harm. The South African government’s attempts to combat corruption have relied on strengthening legislation, introducing statutory investigative bodies, initiating public anti-corruption campaigns, and appealing to the integrity of individuals. Yet corruption remains a big problem in South Africa. However, one approach that has yet to be pursued is intelligence-led policing (ILP). ILP is a model built around proactive risk assessment and risk management. This article explains how ILP can be used to investigate corruption in South Africa.
oai:journals.assaf.org.za:article/32
2022-11-25T14:54:21Z
sacq:ED
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/32
2022-11-25T14:54:21Z
Institute for Security Studies & University of Cape Town
No. 53 (2015): September 2015
Inquiries into commissions of inquiry into police
van der Spuy, Elrena; University of Cape Town
2015-11-02
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/32
en_US
Commissions of inquiry into police have a long and chequered history - both internationally and locally. In this special edition, our focus falls on the two most recent commissions of inquiry into police in South Africa - parochially known as the Marikana and Khayelitsha commissions. The deliberations of the two commissions have attracted much attention. Media coverage has at times opted for the sensational. However, a steady stream of more thoughtful commentaries, crafted by investigative journalists and policing experts, has also seen the light. The archival footprints of both commissions have been enormous. Thousands of pages of information on a wide range of administrative, operational and policy matters of relevance to police and policing have been produced. The online storage of expert testimonies, witness statements, and transcriptions of cross-examinations has further enhanced access to both primary and secondary material. Amid this abundance of data it would seem that those interested in the trials and tribulations of policing the post-colony can do no better than to capitalise on the opportunity for critical reflection and substantive analysis. In this special edition of the South African Crime Quarterly we take up the challenge for reflection.
oai:journals.assaf.org.za:article/33
2022-11-25T14:54:21Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/33
2022-11-25T14:54:21Z
Institute for Security Studies & University of Cape Town
No. 53 (2015): September 2015
Making further inquiries: Policing in context in Brixton and Khayelitsha
Dixon, Bill; University of Nottingham
2015-11-02
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/33
en_US
Only rarely do inquiries into policing investigate the social context within which it takes place. This article looks at two inquiries that chose to take on this task: Lord Scarman’s into the Brixton disorders in London in April 1981; and Justice Kate O’Regan and Advocate Vusi Pikoli’s into the current state of policing in Khayelitsha in the Western Cape. It argues that they should be applauded for doing so, but draws attention to how difficult it can be to persuade governments to address the deep-rooted social and economic problems associated with crises in policing rather than focus on reforming the police institution, its policies, procedures and practices.
oai:journals.assaf.org.za:article/34
2022-11-25T14:54:21Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/34
2022-11-25T14:54:21Z
Institute for Security Studies & University of Cape Town
No. 53 (2015): September 2015
'Unconscionable and irrational': SAPS human resource allocation
Redpath, Jean; University of the Western Cape
Nagia-Luddy, Fairouz; Ndifuna Ukwazi
2015-11-02
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/34
en_US
The Khayelitsha Commission revealed that areas that are predominantly populated by people who are poor and black are systematically allocated only a small fraction of the average per capita allocation of police personnel in the Western Cape. These areas also suffer among the highest rates of murder and serious violent crime in the province. The allocation of human resources to policing impinges on various constitutional rights. Given the inequity and irrationality apparent in the allocation of police personnel, the Khayelitsha Commission recommended that this method be urgently revised. This article reviews the evidence heard on the allocations and the method currently used to allocate police personnel, suggests an alternative method, and calls on the government to heed the recommendation of the Khayelitsha Commission that the state urgently revise its method of allocation of policing resources.
oai:journals.assaf.org.za:article/35
2022-11-25T14:54:21Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/35
2022-11-25T14:54:21Z
Institute for Security Studies & University of Cape Town
No. 53 (2015): September 2015
Mapping Khayelitsha: The complexities of everyday policing in a high crime area
Freeman, Laura; University of Cape Town
McDonald, Claire; University of Cape Town
2015-11-02
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/35
en_US
In order for a single South African police station to operate optimally, or indeed at any level of functionality at all, it is required to form cooperative relations with a host of external institutions. This is in addition to ensuring that the internal structural capacity of a police station is maintained. The Commission of Inquiry into Allegations of Police Inefficiency and a Breakdown in Relations between SAPS and the Community in Khayelitsha identified shortcomings in both internal structures and the functioning of external relations. Here, we provide an overview of the stakeholders that make up the policing web in Khayelitsha. This forms the basis for clearer understandings of on-the-ground policing in this unsafe and violent neighbourhood.
oai:journals.assaf.org.za:article/36
2022-11-25T14:54:21Z
sacq:CA
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/36
2022-11-25T14:54:21Z
Institute for Security Studies & University of Cape Town
No. 53 (2015): September 2015
Avoiding another Marikana massacre: Why police leadership matters
Newham, Gareth; Institute for Security Studies
2015-11-02
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/36
en_US
The Marikana Commission of Inquiry report presented damning findings against the South African Police Service (SAPS) National Commissioner, Riah Phiyega, and the senior commanders involved in the Marikana massacre. Their decision to disarm and disperse striking miners was found to be flawed and to have resulted in police officers unjustifiably shooting 112 striking mineworkers, killing 34 of them. Moreover, their integrity was found wanting on the basis that Phiyega and her senior commanders withheld crucial evidence, constructed misleading evidence, and provided untruthful testimony before the commission. This article argues that a necessary condition for improvements to take place in the SAPS relates to improving the top leadership of the organisation. Fortunately, the National Development Plan provides a starting point as to how this can be achieved.‘Police supervisors at any level need to be aware that their behaviour has a strong impact on the organisational culture, which in turn contributes to police behaviour.’
oai:journals.assaf.org.za:article/38
2022-11-25T14:54:21Z
sacq:CA
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/38
2022-11-25T14:54:21Z
Institute for Security Studies & University of Cape Town
No. 53 (2015): September 2015
Leading a horse to water...: Assessing review mechanisms of SAPS performance
Burger, Johan; Institute for Security Studies
2015-11-02
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/38
en_US
There have been no shortage of reviews, evaluations and audits of police performance in South Africa over the past decade. This article provides a detailed description of the key findings of a number of reviews relating to the role and function of the SAPS. A closer reading of these reviews points to considerable agreement about the systemic weaknesses that confront the police organisation today. What is problematised in this article is the apparent inability and/or unwillingness of senior leadership to address the organisational defects through deliberative and concerted interventions. This lack of action has dire consequences for both the police organisation and the communities it is supposed to serve.
oai:journals.assaf.org.za:article/39
2022-11-25T14:52:38Z
sacq:CA
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/39
2022-11-25T14:52:38Z
Institute for Security Studies & University of Cape Town
No. 57 (2016): September 2016
Determining the Age of Criminal Capacity: Acting in the best interest of children in conflict with the law
Schoeman, Marelize Isabel; University of South Africa
UNISA
2016-09-26
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/39
Criminal capacity
Child Justice
Children in Conflict with the Law
en_US
This article aims to stimulate critical discourse on the current practices regarding best interest of children in conflict with the law. The issue explored is whether determining the criminal capacity of children in conflict with the law is in the best interest of these children.Findings indicated that logistical and operational challenges are denying child offenders services as intended in the Act. In the light of this finding, the article advocates for keeping a clear vision of the Act’s restorative and rehabilitative intention as opposed to following a pragmatic approach during the upcoming review of the age of criminal capacity.
oai:journals.assaf.org.za:article/40
2022-11-25T14:54:21Z
sacq:OTR
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/40
2022-11-25T14:54:21Z
Institute for Security Studies & University of Cape Town
No. 53 (2015): September 2015
Interview with Judge Kate O'Regan
van der Spuy, Elrena; University of Cape Town
2015-11-02
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/40
en_US
In August 2012 Kate O'Regan, a former judge of the South African Constitutional Court, was appointed by the premier of the Western Cape to head the Commission of Inquiry into Allegations of Police Inefficiency and a Breakdown in Relations between SAPS and the Community in Khayelitsha. Two years later, on 25 August 2014, the commission submitted its final report and recommendations. In this exchange O'Regan reflects from the inside out on some aspects of the public inquiry into policing in Khayelitsha. Here one finds reference to judicial independence and organisational autonomy of commissions of inquiry; the value of comparative lesson drawing for process design; the importance of creating safe spaces for all participants; and honouring the contributions of participants. Policing, O'Regan concludes, is a truly challenging enterprise. Both political and police leadership carry a moral responsibility to engage systemic and other challenges as identified in both of the Marikana and Khayelitsha reports. Not to do so would imply the abdication of responsibility to address the safety and security concerns of South African citizens.
oai:journals.assaf.org.za:article/43
2022-11-25T14:53:06Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/43
2022-11-25T14:53:06Z
Institute for Security Studies & University of Cape Town
No. 56 (2016): June 2016
Memories of the ‘inside’: Prison conditions in South African female correctional facilities
Abgoola, Caroline
2016-06-28
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/43
Correctional facilities
female ex-prisoners
female prisoners
incarceration
prison
prison conditions
South Africa
en_US
The inadequate conditions of imprisonment in South African correctional facilities are well known. Health care, sanitation, food provision, access to education and reading materials, and in particular, the overcrowding, of female prisons are considerable challenges faced by the Department of Correctional Services (DCS) regarding the incarceration of female prisoners[i]. A retrospective view of the conditions under which female inmates in South African correctional facilities are incarcerated is examined in this paper. Findings indicate that prison conditions in some South African female correctional facilities are poor: health care and sanitation facilities are largely inadequate, the quality of food is poor, little or no reading materials are made available, and recreational facilities are largely absent. These conditions impact negatively on the female prisoners during, and sometimes, after their incarceration.
oai:journals.assaf.org.za:article/44
2022-11-25T14:53:06Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/44
2022-11-25T14:53:06Z
Institute for Security Studies & University of Cape Town
No. 56 (2016): June 2016
Private prosecutions in Zimbabwe: Victim participation in the criminal justice system versus prosecutorial independence
Mujuzi, Jamil Ddamulira; PRIVATE BAG X17 BELLVILLE, WESTERN CAPE 7535
2016-06-28
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/44
private prosecutions
Zimbabwe
victim participation
criminal justice system
prosecutorial independence
en_US
There have been two recent developments that have changed the face of private prosecutions in Zimbabwe: (1) whether private companies may institute private prosecutions; and (2) whether the Attorney-General, in the event that he has declined to prosecute, is obliged to issue a certificate to a crime victim to institute a private prosecution. Both questions have been answered in the negative by the Prosecutor-General and the result is that crime victims have gone to court to seek clarity on these issues. The Supreme Court has held that private companies have a right to institute private prosecutions and that the Prosecutor-General is obliged to issue a certificate should he decline to prosecute. In response, the Prosecutor-General had adopted two strategies: (1) to appeal to the Constitutional Court against the Supreme Court’s ruling that he is obliged to issue such a certificate; and (2) to have the relevant sections of the CPEA amended so that the law is very clear that he is not obliged to issue such a certificate and that companies are not permitted to institute private prosecutions. In this article the author argues that even in the light of the latest amendments to the CPEA, there cases where the Prosecutor-General may be compelled to issue a certificate to a crime victim to institute a private prosecution.
oai:journals.assaf.org.za:article/46
2022-11-25T14:53:26Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/46
2022-11-25T14:53:26Z
Institute for Security Studies & University of Cape Town
No. 55 (2016): March 2016
Comfortably cosmopolitan? How patterns of 'social cohesion' vary with crime and fear
Kriegler, Anine; University of Cape Town
Shaw, Mark; University of Cape Town
2016-04-05
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/46
social cohesion
fear of crime
diversity
victimisation
en_US
Achieving ‘social cohesion’ across race and class divides in South African settlements is a major challenge given the divided urban geography of apartheid. Cosmo City, a new mixed-use settlement North-West of Johannesburg, was conceived and designed for social inclusion and cohesion, albeit primarily between people of different income levels rather than race groups. Crime prevention was not a central design principle, but a number of the development’s spatial features were also thought likely to affect crime and fear of crime, either directly or as mediated by stronger social cohesion. To test the success of this initiative, a survey was administered to 400 Cosmo City households, to determine community cohesion, fear of crime, and rates of crime victimisation. Results found a strong sense of localised community pride and belonging within immediate neighbourhoods, and relatively high feelings of safety. In contrast, however, self-reported crime victimisation rates were extremely high. This may be a surprising but not unprecedented outcome of strong social cohesion, which may allow knowledge of crime incidents to spread through community networks as a shared sense of victimisation and thus raise the likelihood of survey reporting. And, while this data also suggests that greater social cohesion does not in itself reduce levels of crime, it does appear to reduce fear of crime and improve citizen’s perceptions of their own safety and well-being in a wider community.
oai:journals.assaf.org.za:article/49
2022-11-25T14:53:26Z
sacq:tc
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/49
2022-11-25T14:53:26Z
Institute for Security Studies & University of Cape Town
No. 55 (2016): March 2016
To be a somebody: Probing roots of community in District Six
Pinnock, Don; Centre of Criminology, UCT
Chrysalis Academy, Cape Town
2016-04-05
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/49
social cohesion
District Six
South Africa
en_US
The term community is a moving target, widely used and often misused in defining a group of people in a particular area or with similar cultural practices. In Cape Town the sense of a loss of community is precisely what residents of an area known as District Six mourn following their eviction and its destruction in the 1970s in terms of the racial Group Areas Act. What was it they perceived they had? And what did they lose following their removal to the Cape Flats? In asking these questions it’s possible to get a clearer understanding of the way in which multiple perceptions and relationships stitch together a social cohesiveness which undergirds the notion of community. And what happens when it’s lost.
oai:journals.assaf.org.za:article/51
2022-11-25T14:53:06Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/51
2022-11-25T14:53:06Z
Institute for Security Studies & University of Cape Town
No. 56 (2016): June 2016
Risky localities: Exploring a methodology for measuring socio-economic characteristics of high murder areas
Lancaster, Lizette; Institute for Security Studies
Kamman, Ellen; Institute for Security Studies
2016-06-28
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/51
murder
crime analysis
crime statistics
crime hotspots
en_US
Every day on average, more than 49 people are murdered in South Africa. A better understanding of the demographics of locations with high murder and other crime rates could assist in the development of effective initiatives to effectively reduce our murder rate. It provides the foundations on which to build research into the impact of social cohesion on violence reduction. This article explores the hypothesis that the risk for murder is associated with certain demographic characteristics of particular locations. This paper proposes a method to analyse the demographic characteristics of police precincts in relation to the murder rate for that police precinct. It provides an explanation of the method used and a summary of initial results. The paper concludes with a discussion on the benefits of this research approach and considerations for future research as well as the need for more indepth analysis on social cohesion.
oai:journals.assaf.org.za:article/154
2022-11-25T14:53:26Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/154
2022-11-25T14:53:26Z
Institute for Security Studies & University of Cape Town
No. 55 (2016): March 2016
Pervasive, but not politicised: everyday violence, local rule and party popularity in a township in Cape Town
Wheeler, Joanna S; Sustainable Livelihoods Foundation
2016-04-05
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/154
everyday violence
local rule
insecurity
en_US
This paper explores relationships between political actors, local governance and violence in a community, through the case of security provision in the township of Imizamo Yethu in Cape Town. It traces the actions of key actors including SANCO, the City of Cape Town and ordinary residents in respect of crime, taxi violence, xenophobic attacks, protection rackets and service delivery protests. The extensive and varied nature of violence in Imizamo Yethu is related to uneven political legitmacy. Further, this weak governance is attributable to a lack of legitimacy of both the City of Cape Town and informal community leaders. The latter are take the form of the local branch of a civic association, the South African National Civic Organisation (SANCO) allied to the national ruling party, the Africa National Congress (ANC). In Imizamo Yethu, SANCO is weak and riven by factionalism, but the legitimacy of the ANC remains high and there is no violent contest for local leadership positions. Social cohesion in IY is in flux, and violence is alternately used to shore up particular notions of social cohesion; while in other examples violence erodes social cohesion. In short, inadequate state governance and informal rule co-exist with high levels of political support for the ANC and its allies, high levels of violence and uncertain implications for social cohesion. This account runs against three common key assumptions. The first is that, under conditions of weak rule, violence is primarily about contests over political power. The pervasiveness of violence by a variety of social actors in Imizamo Yethu, but not so much by SANCO or the ANC, challenges this assumption. The second is that the violence is constitutive of informal rule in such contexts. However, in Imizamo Yethu the importance of party identification and ability to extract resources from the local state are more important to effective local rule than violent capacities. Lastly, the case of IY illustrates that effective local rule is not necessarily an important condition of party legitimacy, which is rooted in larger dynamics of national and race politics. Indeed, such is the extent of political adherence , as opposed to social cohesion, that violence forms no part of competition within the ANC family for local office and political control.
oai:journals.assaf.org.za:article/159
2022-11-25T14:53:26Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/159
2022-11-25T14:53:26Z
Institute for Security Studies & University of Cape Town
No. 55 (2016): March 2016
Facilitating or hindering social cohesion? The impact of the Community Work Programme in selected South African townships
Langa, Malose; Wits University
Masuku, Themba; Centre for the study of violence and reconciliation
Bruce, David; Centre for the study of violence and reconciliation
van der Merwe, Hugo; Centre for the study of violence and reconciliation
2016-04-05
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/159
Community Work Programme
violence prevention
social cohesion
local elites.
en_US
In recent years, the term “social cohesion” has become an important concept in post-apartheid South Africa.[i] In this paper, we discuss the potential of the Community Work Programme (CWP) as a violence-prevention project based on a study conducted[ii] in six communities, namely Ivory Park, Orange Farm and Kagiso (situated in Gauteng Province), Bokfontein (North West Province), Grabouw and Mannenberg (Western Cape). In this paper, we discuss the potential of CWP in facilitating social cohesion to prevent violence in communities. The CWP work includes community violence-prevention programmes against gangsterism, drug abuse, domestic violence and xenophobic violence. Ordinarily many of these violence prevention projects would not have been possible if it was not for the CWP. However, this paper shows that that the impact of the CWP is not always positive. In some of the six communities, the CWP was a source of racial or interpersonal conflicts, power struggles amongst the local elites for the control of the CWP, xenophobic or ethnic divisions. This paper provides all this analysis to show tensions and contradictions of the CWP in facilitating and hindering social cohesion in communities. It is recommended in conclusion that, if not implemented well, the CWP may be a source of conflict rather than social cohesion. It needs to be implemented in a reliable and stable way if it is to assist in reducing violence in communities.[i] Ingrid Palmary, Reflections on social cohesion in contemporary South Africa, Psychology in Society (forthcoming)[ii] This study was conducted by researchers at the Centre for the Study of Violence and Reconciliation (CSVR)
oai:journals.assaf.org.za:article/172
2022-11-25T14:53:26Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/172
2022-11-25T14:53:26Z
Institute for Security Studies & University of Cape Town
No. 55 (2016): March 2016
Is social cohesion relevant to a city in the global south? A case study of Khayelitsha
Barolsky, Vanessa Emma; Human Sciences Research Council South Africa
2016-06-27
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/172
social cohesion
collective efficacy
violence
violence prevention
en_US
The concept of social cohesion is increasingly being utilised in local and international policy discourse and scholarship. The idea of collective efficacy, defined as ‘social cohesion among neighbours combined with their willingness of intervene on behalf of the common good,’ has been posited as having an important protective effect against violence. This article investigates the relevance of international framings of social cohesion and collective efficacy, which have largely been conceptualised and tested in the global north, to the conditions of social life and violence prevention in a city in the global south. These circumstances are interrogated through an ethnographic study conducted in Khayelitsha township in the Western Cape, where a major internationally funded and conceptualised violence prevention intervention, Violence Prevention through Urban Upgrading (VPUU), has been implemented. The ethnographic material contests some of the key assumptions in international discourses on social cohesion and the manner in which social cohesion has been interpreted and effected in the violence prevention initiatives of VPUU.
oai:journals.assaf.org.za:article/390
2022-11-25T14:53:26Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/390
2022-11-25T14:53:26Z
Institute for Security Studies & University of Cape Town
No. 55 (2016): March 2016
Pulling us apart? The association between fear of crime and social cohesion in South Africa
Roberts, Benjamin J.; Human Sciences Research Council
Gordon, Steven L.; Human Sciences Research Council
2016-04-05
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/390
fear of crime
social cohesion
survey
South Africa
en_US
Fear of crime, like crime itself, is thought to be a factor that constrains efforts by government and non-state actors at promoting socially cohesive communities and a caring society. As concern over South Africa's social fabric have mounted, increasing policy attention has been directed at perceptions of safety and nation-building. In this study, we use nationally representative survey data to examine recent theoretical models on the link between fear of crime and social cohesion within communities. The results do not offer strong support for the hypothesis that higher fear of crime is associated with lower levels of social trust, neighbouthood ties and civic cohesion, although fear does have a moderate, adverse influence on attitudes towards law enforcement.
oai:journals.assaf.org.za:article/414
2022-11-25T14:53:06Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/414
2022-11-25T14:53:06Z
Institute for Security Studies & University of Cape Town
No. 56 (2016): June 2016
Policing the private: Social barriers to the effective policing of domestic violence
Mogstad, Heidi; University of Cape Town
Dryding, Dominique
Fiorotto, Olivia
2016-06-28
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/414
policing
domestic violence
norms
Khayelitsha
en_US
Problems in policing are commonly framed as institutional failures. This is frequently the case in the policing of domestic violence, where the limited ability of police to assist abuse victims is often reported to be a consequence of a lack of resources or inadequate training for police. This paper examines the challenges and limitations of policing domestic violence from a different angle. Reflecting on key findings from a qualitative study of local perceptions of and attitudes towards domestic violence in the South African township of Khayelitsha, we highlight the strong disciplinary influence of cultural norms and beliefs in shaping victims’ reluctance to involve police in cases of abuse. While our findings clearly underscore the limits of focusing on improved policing absent cultural change, we nuance and qualify this argument by identifying important exceptions from the norm and mapping gendered and intra-gender differences in participants’ concerns.
oai:journals.assaf.org.za/oai:article/416
2016-03-29T10:09:11Z
sacq:RART
oai:journals.assaf.org.za:article/442
2022-11-25T14:52:38Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/442
2022-11-25T14:52:38Z
Institute for Security Studies & University of Cape Town
No. 57 (2016): September 2016
Combating drunken driving: Questioning the validity of blood alcohol concentration analysis
Ehmke, Ursula; University of Pretoria
du Toit-Prinsloo, Lorraine; University of Pretoria
Deysel, Christelle; Forensic Chemistry Laboratory
Jordaan, Joyce; University of Pretoria
Saayman, Gert; Department of Forensic Medicine
2016-09-26
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/442
alcohol
post mortem blood
sample storage
alcohol analysis
en_US
The reliability and accuracy of blood alcohol concentration (BAC) results presented in South African courts of law in respect of possible driving under the influence (DUI) cases, have in recent years been subjected to intense scrutiny and severe criticism. Research has shown that multiple factors may negatively impact on the reliability of results obtained from the analysis of such samples - including inappropriate or non-standardised sample management after acquisition thereof. In particular, long delays between sample acquisition and the analysis thereof may compromise the validity of results. Such delays may also negatively affect the outcome of both criminal and civil legal proceedings in possible DUI cases. A retrospective descriptive study was conducted on records from the Pretoria Forensic Chemistry Laboratory (PFCL) regarding the relevant dates pertaining to blood samples from deceased persons which were received for analysis. These parameters included the date of sample acquisition at medico-legal mortuaries, delays in submission of samples to the laboratory and date of actual analysis. In addition, the expiration dates of sample collection kits were recorded. Our results show that numerous expired kits were utilised and that there was an average delay of approximately five months between sample acquisition and laboratory analysis thereof. This delay period varied greatly but appears to correlate with geographical distance of the medico-legal mortuary from the PFCL. In order to optimise and facilitate the administration of justice in both criminal and civil cases of alleged DUI, these shortcomings should be urgently addressed. It is argued that the implementation of prescribed measures and standard operating procedures in sample management, together with other interventions such as accreditation of laboratories and improved resourcing of medico-legal and toxicology laboratories, is urgently required.
oai:journals.assaf.org.za:article/448
2022-11-25T14:53:55Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/448
2022-11-25T14:53:55Z
Institute for Security Studies & University of Cape Town
No. 54 (2015): December 2015
Eliminating abusive 'care': A criminal law response to obstetric violence in South Africa
Pickles, Camilla; Centre for Child Law, University of Pretoria
2015-01-15
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/448
en_US
This article examines the disrespectful, abusive and violent maternity care that many South African people face.It identifies this conduct as a human rights violation and argues that intentional abusive maternity care should be labelled as obstetric violence, a specific form of gender-based violence, and that it should be criminalised. This approach reflects a nascent global trend to act against obstetric violence, and draws inspiration from statutory crimes introduced in Venezuela and Mexico. Building on the Latin American experience, the article proposes how the current legal conception of obstetric violence should be further developed to suit the unique position of pregnant people in South Africa.
oai:journals.assaf.org.za:article/449
2022-11-25T14:53:55Z
sacq:ED
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/449
2022-11-25T14:53:55Z
Institute for Security Studies & University of Cape Town
No. 54 (2015): December 2015
SACQ: progress towards publishing excellence
Gould, Chandre; Institute for Security Studies
2015-01-15
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/449
en_US
Over the past five years South African Crime Quarterly (SACQ) has undergone a number of changes to make the journal a more reliable and credible source of practical and theoretical knowledge about violence, crime and criminal justice in South Africa. In 2011 the journal was accredited by the Department of Higher Education in South Africa, and it has recently been assessed by the Academy of Science of South Africa (ASSAf), andaccepted for inclusion in the Scielo index. Acceptance in the index is based on a thorough assessment of the journal, and on-going monitoring of indicators of excellence by ASSAf. The inclusion of SACQ in this index is thusa significant milestone for the journal. It also means that within the next three years the journal will have an impact factor based on the number of citations of articles published. In addition, SACQ is now available through African Journals Online (AJOL), a service that offers a growing collection of open-access African scholarly journals; through AJOL we are increasing our continental readership.
oai:journals.assaf.org.za:article/450
2022-11-25T14:53:55Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/450
2022-11-25T14:53:55Z
Institute for Security Studies & University of Cape Town
No. 54 (2015): December 2015
A 'best buy' for violence prevention: Evaluating parenting skills programmes
Wessels, Inge; University of Cape Town
Ward, Catherine
2015-01-15
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/450
en_US
Effective parenting programmes are central to successful violence prevention efforts. Although parenting programmes are available in South Africa, few are evidence-based. This lack of evaluation makes it impossibleto know whether programmes are helpful or harmful and whether they use resources efficiently. This article outlines a process for gauging the extent to which parenting programmes incorporate evidence-basedpractices, which may then assist in identifying promising programmes. This involves the application of two interlinked instruments – an interview schedule and rating metric. It was applied to 21 group-based parentingprogrammes in South Africa that were identified via convenience and snowball sampling. Results indicated that the use of evidence-based practices was low, especially in terms of monitoring and evaluation. Findings highlight clear areas where programme strengthening is needed. A similar process could be used to identify other promising violence prevention interventions.
oai:journals.assaf.org.za:article/451
2022-11-25T14:53:55Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/451
2022-11-25T14:53:55Z
Institute for Security Studies & University of Cape Town
No. 54 (2015): December 2015
Making sense of the numbers: Civil claims against the SAPS
Dereymaeker, Gwen; University of the Western Cape
2015-01-15
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/451
en_US
In recent years reports have increasingly pointed to the mounting quantum of claims for civil damages faced by the South African Police Service (SAPS). A close analysis of the publicly available data shows that increasinglylarge amounts of claims are filed against the SAPS, but that most of these claims are finalised without the SAPS, being held financially liable. However, the backlog of claims is ever mounting and needs to be addressedmore proactively. It appears that factors external to police officials’ behaviour do not explain the increase in claims. The reasons are more likely related to unlawful police behaviour, and in particular police violence.
oai:journals.assaf.org.za:article/452
2022-11-25T14:53:55Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/452
2022-11-25T14:53:55Z
Institute for Security Studies & University of Cape Town
No. 54 (2015): December 2015
The wrong type of decline: Fluctuations in price and value of illegal substances in Cape Town
Howell, Simon
Harker-Burnhams, Nadine
Townsend, Loraine
Shaw, Mark; University of Cape Town
2015-01-15
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/452
en_US
This article documents and contextualises fluctuations in the street-level prices and values of selected illegal substances over a 10-year period in Cape Town, South Africa, by drawing on recent empirical research and past reports. The contemporary prices are compared and contrasted with each other, as well as with those previously documented. We show that when adjusted for inflation, the value of these substances has decreased over the last decade, making them more affordable, even though their nominal prices have remained morestable. In beginning to provide explanations for these changes, we outline some of the mechanisms that shape the market and point to the primary structural drivers of substance use in the country.
oai:journals.assaf.org.za:article/453
2022-11-25T14:53:55Z
sacq:CA
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/453
2022-11-25T14:53:55Z
Institute for Security Studies & University of Cape Town
No. 54 (2015): December 2015
Violence, victimisation and parole: Reconciling restorative justice and victim participation
Hargovan, Hema; University of KwaZulu Natal
2015-01-15
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/453
en_US
When a crime is committed and an offender is incarcerated, victims and offenders are denied agency in influencing the outcome of the criminal justice process, resulting in harmful consequences for both. On theone hand, there is growing consensus that the criminal justice system does not treat victims well. On the other, high levels of violent crime in the country,coupled with society’s call for stiffer sentences, have seen growingnumbers of inmates receiving longer prison sentences, due in part to the minimum sentence legislation. Restorative approaches to justice have the potential to recognise the injustice caused not only by the crimeitself, but also by the structural injustice experienced by the offender. The key question is how to respond to the intergenerational effects of historical injustices and victimisation that so often result in identity switches:from vulnerable victim to violent offender. This article elaborates on restorative approaches to corrections at the parole phase and the implementation of these approaches through the victim offender dialogue programme, and questions whether due regard is being paid to the needs and rights of victims.
oai:journals.assaf.org.za:article/454
2022-11-25T14:53:55Z
sacq:cn
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/454
2022-11-25T14:53:55Z
Institute for Security Studies & University of Cape Town
No. 54 (2015): December 2015
S v SN unreported car no 141114/14 (WCC): Sentencing child offenders after they turn 18
du Toit, Carina; University of Pretoria
2015-01-15
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/454
en_US
This case note reflects on the approach that should be adopted by sentencing courts when imposing sentences on child offenders who turn 18 during proceedings. The Western Cape High Court recently considered theapplication of the sentencing principles in the Child Justice Act and section 28 of the Constitution to child offenders who turn 18 prior to their sentencing. The court confirmed that there is ‘no arbitrary end to childhoodfor children who have committed offences before they attained the age of adulthood’ and concluded that the sentencing principles in the Child Justice Act are applicable to children who turn 18 prior to sentencing.
oai:journals.assaf.org.za:article/455
2022-11-25T14:54:21Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/455
2022-11-25T14:54:21Z
Institute for Security Studies & University of Cape Town
No. 53 (2015): September 2015
South African inquiries into policing: 1910-2015
Kok, Annie
van der Spuy, Elrena
2016-01-15
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/455
en_US
This is a supplementary resource to SACQ 53, a special edition of the journal on commissions of inquiry into policing. The resource consists of an introductory overview of commissions of inquiry into policing, a tabular summary of South African inquries into policing between 2010 and 2015, and a poster. These resources will be of interest to students, teachers, researchers and policy makers.
oai:journals.assaf.org.za:article/456
2022-11-25T14:52:38Z
sacq:CA
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/456
2022-11-25T14:52:38Z
Institute for Security Studies & University of Cape Town
No. 57 (2016): September 2016
The killing fields of KZN: Local government elections, violence and democracy in 2016
De Haas, Mary Elizabeth; School of Law University KZN
2016-09-26
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/456
assassination
killing
KwaZulu-Natal
politics
South Africa
en_US
Various government initiatives focus on the promotion of social cohesion for nation building. The impact of social cohesion on levels of violence is also the subject of research. This article argues that despite official rhetoric organs of state - are used in KwaZulu-Natal to serve party political interests by targeting cohesive groupings struggling for their constitutional rights. Violence is promoted and nation building retarded. The main case study cited is that of violence-wracked Glebelands hostel in Durban. Since it is also argued that what is happening in Glebelands is not an isolated case reference is also made to the similar targeting of the shack dwellers’ movement Abahali baseMjondolo.
oai:journals.assaf.org.za:article/753
2022-11-25T14:53:26Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/753
2022-11-25T14:53:26Z
Institute for Security Studies & University of Cape Town
No. 55 (2016): March 2016
Is social cohesion relevant to a city in the global south? A case study of Khayelitsha township
Barolsky, Vanessa Emma; Human Sciences Research Council South Africa
2016-04-05
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/753
social cohesion
Khayaletisha
violence
crime
en_US
The concept of social cohesion is increasingly being utilised in local and international policy discourse and scholarship. The idea of collective efficacy, defined as ‘social cohesion among neighbours combined with their willingness of intervene on behalf of the common good,’ has been posited as having an important protective effect against violence. This article investigates the relevance of international framings of social cohesion and collective efficacy, which have largely been conceptualised and tested in the global north, to the conditions of social life and violence prevention in a city in the global south. These circumstances are interrogated through an ethnographic study conducted in Khayelitsha township in the Western Cape, where a major internationally funded and conceptualised violence prevention intervention, Violence Prevention through Urban Upgrading (VPUU), has been implemented. The ethnographic material contests some of the key assumptions in international discourses on social cohesion and the manner in which social cohesion has been interpreted and effected in the violence prevention initiatives of VPUU.
oai:journals.assaf.org.za:article/763
2022-11-25T14:53:26Z
sacq:ED
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/763
2022-11-25T14:53:26Z
Institute for Security Studies & University of Cape Town
No. 55 (2016): March 2016
Making sense of the duality of social cohesion
Gould, Chandre; Institute for Security Studies
Barolsky, Vanessa
2016-04-05
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/763
en_US
This is the editorial for a speical edition of SACQ exploring the links between social cohesion and violence in South Africa.
oai:journals.assaf.org.za:article/767
2022-11-25T17:33:45Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/767
2022-11-25T17:33:45Z
Institute for Security Studies & University of Cape Town
No. 51 (2015): March 2015
Early Intervention: A foundation for lifelong violence prevention
Skeen, Sarah; Stellenbosch University
Tomlinson, Mark; Stellenbosch University
Ward, Catherine L; University of Cape Town
Cluver, Lucie; University of Oxford; University of Cape Town
Lachman, Jamie; University of Oxford
2015-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/767
violence
children
violence prevention
South Africa
poverty
homicide rate
risk
en_US
High levels of violence affect every family in South Africa. Exposure to violence starts early, in both the home and community. There are high levels of physical abuse of children, and the national under-five homicide rate is more than double that of other low- and middle-income countries. Rates of violence are particularly high in poorer communities in the country, and many children already made vulnerable by poverty are also at risk from increased exposure to violence.
oai:journals.assaf.org.za:article/768
2022-11-25T17:33:45Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/768
2022-11-25T17:33:45Z
Institute for Security Studies & University of Cape Town
No. 51 (2015): March 2015
Spare the rod and save the child: Assessing the impact of parenting on child behaviour and mental health
Ward, Catherine L; University of Cape Town
Gould, Chandré; Institute for Security Studies
Kelly, Jane; University of Cape Town
Mauff, Katya; University of Cape Town; University of Rotterdam
2015-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/768
parenting
children
mental health
parenting practices
intimate partner violence
South Africa
corporal punishment
en_US
Parenting has a considerable impact on children’s behaviour and mental health. Improving child health and behaviour requires an understanding of the relationship between parenting practices; contexual factors such asparental mental health, intimate partner violence, substance abuse and poverty; and children’s behaviour. In this article the authors report the findings of a survey of parenting and child behaviour in a small rural South Africancommunity. The findings show that corporal punishment, the stress of parenting and parental mental health are significantly associated with both children’s internalising (depression and anxiety) and externalising (rulebreakingand aggression) symptoms. Intimate partner violence in the home was also associated with children’s externalising symptoms. These findings imply that parent support and training, and an increase in services to address intimate partner violence and mental health problems, should be prioritised as part of a nationalviolence reduction strategy.
oai:journals.assaf.org.za:article/769
2022-11-25T17:33:45Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/769
2022-11-25T17:33:45Z
Institute for Security Studies & University of Cape Town
No. 51 (2015): March 2015
Calling for a comprehensive approach: Violence prevention and early childhood development
Phyfer, Joanne; African Policing Civilian Oversight Forum
Wakefield, Lorenzo
2015-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/769
Violence
violent crime
social issues
violence prevention
early childhood deveopment
South Africa
en_US
Violence and violent crime are significant social problems in South Africa. Yet currently these problems are only addressed as or after they occur, with the state and civil society missing valuable opportunities to prevent violence before it happens. This article focuses on the intersection between early childhood development services and primary violence prevention interventions. It encourages a developmental approach to violence prevention by promoting healthy physical and social development and preventing direct and indirect exposure to violence during early childhood. The article outlines the extent to which this approach is currently reflected in South Africa’s policy framework and proposes areas of intervention based on local and international literature.
oai:journals.assaf.org.za:article/772
2022-11-25T17:33:45Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/772
2022-11-25T17:33:45Z
Institute for Security Studies & University of Cape Town
No. 51 (2015): March 2015
Programmes for change: Addressing sexual and intimate partner violence in South Africa
Shai, Nwabisa Jama; Medical Research Council and University of the Witwatersrand
Sikweyiya, Yandisa; Medical Research Council and University of the Witwatersrand
2015-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/772
Violence
violence prevention
intimate partner violence
intervention programmes
South Africa
en_US
South Africa has a number of locally evaluated interventions that have been designed to prevent sexual and intimate partner violence before it occurs. This article describes such programmes that have been evaluated and found to be promising or effective. Seven locally evaluated primary prevention interventions are described, along with the evidence egarding their level of effectiveness. These interventions include mother-child, parentteen, individual and group-based interventions. All of these interventions are developed based on evidence and primary prevention principles: a sound theory of change, cultural relevance, participatory methods and evaluation through randomised controlled trials.
oai:journals.assaf.org.za:article/774
2022-11-25T17:33:45Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/774
2022-11-25T17:33:45Z
Institute for Security Studies & University of Cape Town
No. 51 (2015): March 2015
Violence prevention: Consideration for selection and implementation
Gevers, Anik; Medical Research Council, University of Cape Town and the Sexual Violence Research Initiative
Dartnall, Elizabeth; Sexual Violence Research
Initiative
2015-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/774
Violence
violence prevention
violence prevention programmes
South Africa
en_US
No abstract
oai:journals.assaf.org.za:article/775
2022-11-25T17:33:45Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/775
2022-11-25T17:33:45Z
Institute for Security Studies & University of Cape Town
No. 51 (2015): March 2015
Improving the efficiency of evidence-based interventions: The strengths and limitations of randomised controlled trials
Tomlinson, Mark; Stellenbosch University
Ward, Catherine L; University of Cape Town
Marlow, Marguerite; Stellenbosch University
2015-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/775
Evidence-based interventions
randomised controlled trials
clinical practice
en_US
Globally, randomised controlled trials (RCTs) are increasingly seen as the gold standard of programme evaluation, representing the best way to determine whether new interventions are effective – but they are not without limitations. In this article, we discuss the phases of scientific discovery and the research standards that are necessary before scaling up interventions. We also outline the core characteristics of RCTs, such as randomisation, efficacy and effectiveness, and discuss the benefits of using the RCT as the standard of intervention evaluation. We discuss how ‘realist’ evaluation contributes to what policymakers need to know in order to make a decision about an evaluation and alternatives to the RCT, such as stepped wedge, regression discontinuity, non-randomised cohort, and time series designs.
oai:journals.assaf.org.za:article/776
2022-11-25T17:34:25Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/776
2022-11-25T17:34:25Z
Institute for Security Studies & University of Cape Town
No. 50 (2014): December 2014
‘Freedom from all forms of violence’: Using Zimbabwe’s new Constitution to encourage rape law reform
Coltart, Douglas; University of Cape Town
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/776
Zimbabwe
constitution
rape
violence
violence against women
South Africa
comparative
sentencing
sexual offenders
en_US
The right to ‘freedom from all forms of violence from public or private sources’, enshrined in Zimbabwe’s new Constitution, could have a significant impact on efforts to end violence against women (VAW) in the country. The right is particularly relevant in the Zimbabwean context where VAW occurs in a range of settings, from the most intimate of relationships in the home to the state’s use of rape as a political weapon. One way in which the state can fulfil its duty to address VAW is through the reform of the country’s rape law. With comparative reference to the impact of the right to freedom from violence in South African law, this article discusses three areas of Zimbabwean law that present potential obstacles to achieving justice for rape survivors: the definition of the rime of rape, the abolished but tenacious cautionary rule, and the sentencing of sexual offenders.
oai:journals.assaf.org.za:article/777
2022-11-25T17:34:25Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/777
2022-11-25T17:34:25Z
Institute for Security Studies & University of Cape Town
No. 50 (2014): December 2014
Protecting child offenders’ rights: Testing the constitutionality of the National Register for sex offenders
Hansungule, Zita; Centre for Child Law’s Monitoring and Evaluation Project
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/777
Criminal Law (Sexual Offences and Related Matters) Amendment Act
child sex offenders
national register for sex offenders
Constitution
South Africa
en_US
The Constitutional Court recently declared the Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 (Act 32 of 2007) unconstitutional in its requirement that the names of child offenders be automatically included on the National Register for Sex Offenders when convicted of a sexual offence against a child or a person with disability. The Court held that automatic inclusion on the Register violated a child’s right in terms of section 28(2) to have their best interests taken into account as the paramount consideration in every matter affecting the child. The Court held that the individual circumstances of children should be taken into account and that they should be given the opportunity to be heard by the sentencing court regarding the placement of their details on the Register. The Court decided that sentencing courts should be given the discretion to decide whether to place a child on the Register or not.
oai:journals.assaf.org.za:article/779
2022-11-25T17:34:25Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/779
2022-11-25T17:34:25Z
Institute for Security Studies & University of Cape Town
No. 50 (2014): December 2014
A story of trials and tribulations: The National Prosecuting Authority, 1998 – 2014
Schönteich, Martin; Open Society Justice Initiative
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/779
National Prosecuting Authority
NPA
South Africa
politics
constitution
en_US
Established in 1998, the National Prosecuting Authority (NPA) immediately had to deal with escalating levels of serious crime. Through a variety of innovations, including prosecution-driven investigations popularised by the ‘Scorpions’, specialised career paths for prosecutors, a focus on performance measurement, and improved conditions of service, the NPA quickly became an employer of choice for a new generation of law graduates. Over the last 16 years, the NPA’s specialised units have performed well. However, the NPA’s performance at the level of the lower courts – where the vast majority of prosecutions occur – has been mixed. With the appointment of its sixth head or acting head in late 2013, the NPA has been burdened with inconsistent – and at times, poor and unsuitable – leadership. Relatedly, political interference and the politicisation of the NPA have seriously undermined a once promising institution, negatively affecting staff morale and performance and sapping public confidence in the NPA. The future of the NPA as an institution that exercises its functions without fear, favour or prejudice, as mandated by the Constitution, hangs in the balance.
oai:journals.assaf.org.za:article/780
2022-11-25T17:34:25Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/780
2022-11-25T17:34:25Z
Institute for Security Studies & University of Cape Town
No. 50 (2014): December 2014
The Khayelitsha Commission of Inquiry: Challenging the scope of provincial policing powers
Tyabazayo, Phumlani; Eastern Cape Provincial Legislature
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/780
Police
Khayelitsha Commission of Inquiry
Constitution
Minister of Police
National Police Commissioner
Constitutional Court
South Africa
policing powers
en_US
On 24 August 2012, the Premier of the Western Cape appointed a commission of inquiry, in terms of section 206(5) of the Constitution, to probe complaints of police inefficiency and a breakdown of relations between the community and the police in Khayelitsha, a township in the Western Cape. The Minister of Police and the National Police Commissioner challenged this decision and lodged an urgent application with the High Court of the Western Cape. The adjudication of this matter by the High Court and, subsequently, by the Constitutional Court, presented an opportunity for the courts to clarify the scope of provincial policing powers. This article analyses the courts’ interpretation of the scope of provincial policing powers and argues that the adjudication of this matter has clarified the powers of provinces with regard to policing. The article also examines impediments to the exercise of provincial executives’ policing powers.
oai:journals.assaf.org.za:article/781
2022-11-25T17:34:53Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/781
2022-11-25T17:34:53Z
Institute for Security Studies & University of Cape Town
No. 49 (2014): September 2014
Justice and legitimacy hindered by uncertainty: The legal status of traditional councils in North West Province
de Souza, Monica; University of Cape Town
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/781
Traditional Leadership and Governance Framework Act 2003
traditional councils
North West
South Africa
transformation
Constitution
en_US
The Traditional Leadership and Governance Framework Act 2003 provides for the transformation of apartheidera tribal authorities into constitutional-era traditional councils with a role in traditional governance. The process involves reconstituting these councils to meet certain thresholds of women and democratically elected members. Where councils have failed properly to meet the thresholds – seemingly the case in much of North West Province – their present legal status is called into question. In North West, the ambiguity surrounding their status has been compounded by the conduct of the provincial government, underlying tensions in the legislation, and a confusing series of contradictory government notices and court judgements dealing with the issue. This article examines how the reconstitution requirements have been applied in practice in North West and considers the legal and material impacts of the existing uncertainty surrounding traditional councils’ status. Where these councils are put forward as democratic bodies representing traditional communities in North West’s platinum mining belt, these are particularly important issues to consider in relation to the legitimacy of traditional councils.
oai:journals.assaf.org.za:article/782
2022-11-25T17:34:53Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/782
2022-11-25T17:34:53Z
Institute for Security Studies & University of Cape Town
No. 49 (2014): September 2014
‘We want the bread, not the crumbs’: Challenging traditional authority in the platinum belt
Matlala, Boitumelo; University of Cape Town
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/782
Traditional authority
Platinum belt
South Africa
traditional leaders
accountability
en_US
Members of the Bakgatla-ba-Kgafela traditional community have attempted to hold their traditional leader to account for decisions affecting the community. This article describes the interactions between some community members, traditional leaders, the state and courts, as members of the community have sought to challenge unilateral action by the traditional leader with regard to how community assets and revenue are managed and accounted for. The article examines the various actions groups and individuals have resorted to in an effort to confront traditional leadership and appeal to politicians, officials and the North West provincial government.
oai:journals.assaf.org.za:article/783
2022-11-25T17:34:53Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/783
2022-11-25T17:34:53Z
Institute for Security Studies & University of Cape Town
No. 49 (2014): September 2014
Chief’s justice?: Mining, accountability and the law in the Bakgatla-ba-Kgafela Traditional Authority Area
Mnwana, Sonwabile; University of the Witwatersrand
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/783
Traditional authority
North West
mining
communal land
business
customary law
accountability
justice system
chiefs
South Africa
en_US
Drawing on research conducted in the Bakgatla-ba-Kgafela traditional authority area in North West Province, this article explores how the expansion of platinum mining on communal land is generating resistance to a local chief. The point at issue is the chief’s refusal to account for the mining revenues and business transactions that his traditional authority manages on the community’s behalf. The article argues that the North West High Court’sinterpretation of customary law not only leaves the chief’s unaccountability unchecked but also endorses the punishment of village activists who call the chief to account. Hence it remains extremely difficult for ordinary rural residents to challenge the chief to account for vast mineral revenues that he controls on behalf of their communities. Consequently rural anti-corruption activists are losing faith in the justice system.
oai:journals.assaf.org.za:article/784
2022-11-25T17:34:53Z
sacq:OTR
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/784
2022-11-25T17:34:53Z
Institute for Security Studies & University of Cape Town
No. 49 (2014): September 2014
On the record with Hugh Eiser and Brendan Boyle
Eiser, Hugh; Attorney for Bapo-ba- Mogale Traditional Council
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/784
North West
mining
platinum
Lonmin
rural communities
benefits
rights
en_US
The provincial government of North West has consistently failed to protect the Bapo-ba-Mogale community in dealings with Lonmin Plc over the exploitation of the platinum reserves on the farms they call home. It is alleged that hundreds of millions of rand owed to these rural people may have been misspent or misappropriated, and more that should have been their due has never been paid out. Johannesburg attorney Hugh Eiser has been fighting the Bapo community’s case for more than a decade, tackling government and corporate authorities in a relentless effort to win a fair deal for people who have seen little benefit from the riches under their feet. Brendan Boyle, senior researcher at the Centre for Law and Society at the University of Cape Town, spoke to him about the Bapo story.
oai:journals.assaf.org.za:article/785
2022-11-25T17:34:53Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/785
2022-11-25T17:34:53Z
Institute for Security Studies & University of Cape Town
No. 49 (2014): September 2014
History versus customary law: Commission on Traditional Leadership: Disputes and Claims
Peires, Jeff; University of Fort Hare
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/785
Traditional leaders
disputes
claims
Framework Act of 2003
South Africa
Commission on Traditional Leadership
en_US
This article examines the practices of the Commission on Traditional Leadership: Disputes and Claims, set up under the Framework Act of 2003 to ‘cleanse’ the institution of traditional leadership by ridding it of the illegitimate traditional leaders installed during the colonial and homeland eras. Close analysis of the Commission’s hearings and determinations with regard to kingship claims by the Western Mpondo and Mpumalanga Ndebele shows that the Commission violated not only the historical past but even the limited constraints of binding legislation, in order to impose its own preferences in the name of custom. The experience of the Commission therefore highlights one of the most fundamental deficiencies in the Framework Act, namely insisting on the guiding role of ‘custom’ while failing to define the meaning of the term and its implications.
oai:journals.assaf.org.za:article/786
2022-11-25T17:34:53Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/786
2022-11-25T17:34:53Z
Institute for Security Studies & University of Cape Town
No. 49 (2014): September 2014
The chief is a chief through the people: Using Rule 7(1) to test the authority of a chief to litigate on behalf of his people
Wicomb, Wilmien; Legal Resources Centre
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/786
North West
Royal Bafokeng Nation
traditional structures
chiefs
litigation
procedure
en_US
This note discusses the judgement handed down by the North West High Court in Mafikeng in an interlocutory application in the matter of the Royal Bafokeng Nation (RNB) vs the Minister of Rural Development and Land Affairs and Others. The application was brought by several ‘sub’-communities under the jurisdiction of the RBN, challenging the latter’s authority to litigate on their behalf. This application relates to a growing tension between the political authority of traditional leaders and the fundamental right of their ‘subjects’ to speak for themselves. It may be argued that the judgement represents an important step beyond the established frame of this discussion in the North West courts, namely which representative traditional structure is the proper one, to a question as to the duty upon those structures to comply with customary requirements of broad consultation and consent. In the event, it demonstrates the potential substantive significance of a procedural formality such as regulated by Rule 7(1).
oai:journals.assaf.org.za:article/788
2022-11-25T17:35:13Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/788
2022-11-25T17:35:13Z
Institute for Security Studies & University of Cape Town
No. 48 (2014): June 2014
Control, discipline and punish? Addressing corruption in South Africa
Bruce, David; University of the Witwatersrand
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/788
Corruption
public administration
criminal justice
South Africa
en_US
This article provides a ‘high level’ view of current debates about the causes of and remedies for corruption in South Africa, with a view to reflecting on how to address corruption. The article starts by providing an overview of the current integrity framework and initiatives to strengthen it within the domains of public administration and criminal justice. Alongside this, the article briefly reviews historical and sociological accounts of corruption in South Africa. This provides the basis for a discussion of the moral economy of corruption. Instead of focusing on questions of surveillance or deterrence, this strand of analysis implies that addressing corruption is not simply about addressing ‘moral deficits’ but engaging with questions about how to advance justice and fairness in South African society.
oai:journals.assaf.org.za:article/789
2022-11-25T17:35:13Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/789
2022-11-25T17:35:13Z
Institute for Security Studies & University of Cape Town
No. 48 (2014): June 2014
Taking stock of the last 20 years: Responses to organised crime in a democratic South Africa
Goga, Khalil; The Institute for Security
Studies
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/789
Organized crime
democracy
legislation
enforcement
South Africa
en_US
Following the end of apartheid, the South African state has faced a number of challenges. One of these has been the growing spectre of organised crime, which has weighed heavily on the public consciousness. The narrative has been one of organised crime, which is becoming increasingly sophisticated and dangerous, pitted against a weakening and ill-equipped state. This article seeks to give insight into the legal and institutional measures taken by the South African state over the last 20 years. It focuses on direct state responses to organised crime, primarily changes to legislation and enforcement structures. It finds that although the state has been active in changing legislation to combat organised crime, it has often been its own worst enemy where enforcement is concerned, and has consequently lost some important tools in the fight against organised crime.
oai:journals.assaf.org.za:article/790
2022-11-25T17:35:13Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/790
2022-11-25T17:35:13Z
Institute for Security Studies & University of Cape Town
No. 48 (2014): June 2014
We need a complicit police! Political policing then and now
Hornberger, Julia; University of the Witwatersrand
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/790
Public order policing
South Africa
police brutality
violence
en_US
South Africa is witnessing a build-up of cases of public order policing gone wrong, in fact deadly wrong. Even the police are willing to admit that something is amiss. Yet the police response is a short-sighted one, which places the responsibility for the eruption of violence squarely with the people protesting, and underestimates its own role in aggravating the situation. I argue here that if the police wish to break the patterns of their long history of protecting a government and its partisan interests, and do not want to be misunderstood in their intention to serve the people, then simply increasing the capacity of public order policing will not help. On the contrary, we might end up (again) with a permanent occupying army. Instead the police have to become more explicitly partisan towards the citizens they serve, and help deliver the message inherent in each protest.
oai:journals.assaf.org.za:article/793
2022-11-25T17:35:13Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/793
2022-11-25T17:35:13Z
Institute for Security Studies & University of Cape Town
No. 48 (2014): June 2014
Looking back: Insider views on the Judicial Inspectorate for Correctional Services
McGrath, Chloë; University of Cape Town
Van der Spuy, Elrena; University of Cape Town
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/793
Legal reform
constitution
democracy
oversight
accountability
South Africa
correctional services
Judicial Inspectorate for Correctional Services
en_US
The establishment of a constitutional democracy in South Africa necessitated widespread institutional reforms across state sectors. A key feature of such reforms was the emphasis on oversight and accountability as illustrated in reform endeavours pursued in the South African Police Service, courts and prisons. One such oversight mechanism – the Judicial Inspectorate for Correctional Services (JICS) – is the subject of this article. Drawing on qualitative interviews with people closely involved with the JICS since 1998, this article presents ‘insider views’ regarding the JICS. We conclude with incumbents’ views on the effectiveness of the JICS.
oai:journals.assaf.org.za:article/794
2022-11-25T17:35:13Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/794
2022-11-25T17:35:13Z
Institute for Security Studies & University of Cape Town
No. 48 (2014): June 2014
Criminal justice policy and remand detention since 1994
Redpath, Jean; University of the Western Cape
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/794
Criminal justice policy
remand detention
prison
South Africa
post-apartheid
en_US
The ‘tough on crime’ approach embodied in bail and sentencing law has had a profound impact on the trends around remand detention, including prison overcrowding of such an extent that it is estimated to have contributed to an additional 8 500 natural deaths in custody. Ultimately the policies have led, in practice, to an ‘Alice in Wonderland’ effect: fewer people are being tried and sentenced, while more than ever are denied their freedom without ever being tried in a court of law.
oai:journals.assaf.org.za:article/797
2022-11-25T17:35:13Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/797
2022-11-25T17:35:13Z
Institute for Security Studies & University of Cape Town
No. 48 (2014): June 2014
Twenty years of punishment (and democracy) in South Africa: The pitfalls of governing crime through the community
Super, Gail; University of Cape Town
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/797
Punishment
democracy
South Africa
community
violence
crime
en_US
This article examines how the ideology of ‘community’ is deployed to govern crime in South Africa, both by marginalised black communities and by the government. Although the turn to ‘community’ started under the National Party government in the late 1970s, there is no doubt that as a site, technology, discourse, ideology and form of governance, ‘community’ has become entrenched in the post-1994 era. Utilising empirical data drawn from ethnographic research on vigilantism in Khayelitsha, as well as archival materials in respect of ANC policies and practices before it became the governing party, I argue that rallying ‘communities’ around crime combatting has the potential to unleash violent technologies in the quest for ‘ethics’ and ‘morality’. When community members unite against an outsider they are bonded for an intense moment in a way that masks the very real problems that tear the community apart. Because violent punishment is one of the consequences of the state’s turn towards democratic localism, we should question the way in which the ‘community’ is deployed as a tool of crime prevention, and subject it to rigorous scrutiny.
oai:journals.assaf.org.za:article/798
2022-11-25T17:35:13Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/798
2022-11-25T17:35:13Z
Institute for Security Studies & University of Cape Town
No. 48 (2014): June 2014
Court support workers speak out: Upholding children’s rights in the criminal justice system
Townsend, Loraine
Waterhouse, Samantha; University of the Western Cape
Nomdo, Christina; RAPCAN (Resources Aimed at
the Prevention of Child Abuse and Neglect)
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/798
Children's rights
criminal justice system
South Africa
courts
sexual offences
child witness programmes
court support workers
en_US
The prevalence of sexual offences against children in South Africa continues to be among the highest in the world. The quality and accuracy of a child’s testimony is often pivotal to whether cases are prosecuted, and whether justice is done. Child witness programmes assist child victims of sexual abuse to prepare to give consistent, coherent and accurate testimony, and also attempt to ensure that the rights of the child are upheld as enshrined in the various laws, legislative frameworks, directives and instructions that have been introduced since 1994. We draw on information from two studies that sought the perspectives of court support workers to explore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victims of sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims of sexual abuse during participation in the CJS. The findings revealed that the rights of children to equality, dignity and not to be treated or punished in a cruel, inhuman or degrading way were undermined in many instances. Finally, recommendations are given on ways to mitigate the harsh effects that adversarial court systems have on children’s rights.
oai:journals.assaf.org.za:article/799
2022-11-25T17:35:33Z
sacq:BR
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/799
2022-11-25T17:35:33Z
Institute for Security Studies & University of Cape Town
No. 47 (2014): March 2014
BOOK REVIEW: Victimology in South Africa
Hargovan, Hema; University of Kwazulu-Natal
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/799
Victimology
South Africa
en_US
No abstract
oai:journals.assaf.org.za:article/800
2022-11-25T17:35:33Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/800
2022-11-25T17:35:33Z
Institute for Security Studies & University of Cape Town
No. 47 (2014): March 2014
CREATIVE ACTION FOR CHANGE - Conference report: Strategies for non-violence in education
Harris, Geoff Harris; Durban University of Technology.
Hemson, Crispin; Durban University of Technology.
Kaye, Sylvia; Durban University of Technology.
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/800
Violence
South Africa
education
schools
en_US
There is ample evidence of the persistence of violence at all levels of the South African education system. Working on the assumption that change will require active collaboration across all sectors, three organisations held a conference in Durban to sustain work towards non-violence. This article reports the process of working from an understanding of the nature and extent of such violence to a review of current projects and programmes to address it, and finally to a collaborative process in developing strategies for change. Research presented gave considerable insight into how violence operates and how interventions can make a significant difference. Two key disconnects were identified – the gap between the values advocated in policies and those actually experienced, and the failure to see humans as simultaneously physical, spiritual, emotional and cognitive. Learners challenged the practice of tolerating violence as a norm and insisted on the right to learn in conditions of safety. Practitioners demonstrated a range of innovative interventions through presentations and experiential learning. The strategies placed strong emphasis on ways of fostering positive values and ethical behaviour in education, and on promoting the many ways in which people can take creative action for change.
oai:journals.assaf.org.za:article/801
2022-11-25T17:35:33Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/801
2022-11-25T17:35:33Z
Institute for Security Studies & University of Cape Town
No. 47 (2014): March 2014
TALKING ABOUT RAPE – AND WHY IT MATTERS: Adjudicating rape in the Western Cape High Court
Moreland, Stacy; University of Cape Town
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/801
Rape
courts
criminal justice system
Western Cape
South Africa
en_US
This article asks the question: how do judges know what rape is and what it is not? The statutory definition contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act1 (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. This article analyses a small selection of recent judgements of the Western Cape High Court2 (WCHC) for answers. The article begins by establishing why judgements are an important source for understanding what rape means in society at large; it then discusses the relationship between power, language, and the law. This is followed by specific analyses of cases that show how patriarchy still defines how judges express themselves about rape. It concludes by looking at the institutional factors that discourage judges from adopting new ways of talking about rape, and their constitutional mandate to do so.
oai:journals.assaf.org.za:article/802
2022-11-25T17:35:33Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/802
2022-11-25T17:35:33Z
Institute for Security Studies & University of Cape Town
No. 47 (2014): March 2014
Visualising property crime in Gauteng: Applying GIS to crime pattern theory
Hiropoulos, Alexandra; City University of New York (CUNY)
Porter, Jeremy; City University of New York (CUNY)
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/802
Property crime
Gauteng
GIS
crime pattern theory
South Africa
en_US
While the high rate of crime in South Africa has received much international attention, mainly focused on violent crime, the vast majority of offences reported to the South African Police Service concern property and other non-violent offences. The present study explores the relationship between one of the most frequently reported property crimes (thefts out of motor vehicles) and the environment in which they occur, using Geographic Information Systems (GIS). Utilising the framework of crime pattern theory, crime generators and attractors are visually examined in order to determine whether they can explain concentrations of crime. We argue that when used in conjunction with relevant social theory aimed at the examination of the determinants of crime and criminality, GIS can be a powerful practical tool in the presentation of crime data.
oai:journals.assaf.org.za:article/803
2022-11-25T17:35:33Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/803
2022-11-25T17:35:33Z
Institute for Security Studies & University of Cape Town
No. 47 (2014): March 2014
F v MINISTER OF SAFETY AND SECURITY: Vicarious liability and state accountability for the criminal acts of police officers
Barnes, Heidi; Johannesburg Bar of Advocates
2014-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/803
Constitution
vicarious liability
police
South Africa
en_US
The Constitutional Court judgement in F v Minister of Safety and Securityis a ground-breaking judgement in two important respects: firstly, it finally does away with the fiction that an employee acts within the course and scope of her employment in the so-called deviation cases in the law of vicarious liability, and secondly it clarifies the normative basis for holding the state vicariously liable for the criminal acts of police officers. In this latter respect it significantly promotes state accountability for the criminal acts of police officers.
oai:journals.assaf.org.za:article/804
2022-11-25T17:36:05Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/804
2022-11-25T17:36:05Z
Institute for Security Studies & University of Cape Town
No. 46 (2013): December 2013
WAITING FOR FARLAM: Marikana, social inequality and the relative autonomy of the police
Dixon, Bill; Keele University.
2013-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/804
Marikana
Farlam Commission
South Africa
police
social inequality
police brutality
trade unions
political interference
post-apartheid
en_US
Although the Farlam Commission of Inquiry is yet to report, it has been widely assumed in the blogosphere, across large sections of the traditional media, and in some preliminary academic analyses too, that the shootings at Marikana on 16 August 2012 are symptomatic of a police force in thrall to a political elite intimately connected to international capital and increasingly corporatised and unrepresentative trade unions. Against this background, this article looks to the notion of ‘relative autonomy’, considered in a classic discussion of ‘the concept of policing in critical theories of criminal justice’ by Otwin Marenin, to suggest that critics of the SAPS should not be surprised if, in moments of crisis, the police act as the agents of ‘specific domination’ rather than as guarantors of a ‘general order’. It will go on to argue that, even if their worst fears are confirmed by Farlam, their conclusion about the nature of the relationship between the SAPS and a political elite may be too sweeping. Using insights from recent studies of everyday policing, it will suggest that the way in which the police respond to strikes, service delivery protests and other politically charged incidents may tell us surprisingly little about what officers actually do, and why they do it, in the course of their everyday interactions with individual citizens and interest groups less politically well-connected than the main protagonists at Marikana. In conclusion it is argued that, in the absence of significant social change to remedy the structural inequalities bequeathed by apartheid, the SAPS has not been able to transcend its colonial inheritance, leaving the business of police reform begun over 20 years ago unfinished.
oai:journals.assaf.org.za:article/805
2022-11-25T17:36:05Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/805
2022-11-25T17:36:05Z
Institute for Security Studies & University of Cape Town
No. 46 (2013): December 2013
POLICING TAVERNS AND SHEBEENS: Observation, experience and discourse
Faull, Andrew; University of Oxford
2013-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/805
Police
policing
taverns
shebeens
South Africa
Nyanga
alcohol
harm reduction
en_US
This article sketches the views and experiences of police officials responsible for enforcing liquor legislation in the Nyanga precinct of Cape Town. It is intended as a complementary response to Herrick & Charman’s article, Shebeens and crime: The multiple criminalities of South African liquor and its regulation (SACQ 45) and should be read together with that piece. Their article drew on data gathered from shebeen owners and raised important questions about the efficacy and potential harm of the policing of shebeens.By describing incidents of alcohol-related law enforcement, this article suggests that such work can be as difficult and confusing for law enforcers as it is for those being policed. It supports Herrick and Charman’s suggestion that current approaches to alcohol-related enforcement need to be interrogated in order to reduce harms without alienating communities.
oai:journals.assaf.org.za:article/806
2022-11-25T17:36:05Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/806
2022-11-25T17:36:05Z
Institute for Security Studies & University of Cape Town
No. 46 (2013): December 2013
WHITE HOBBY/BLACK OPPORTUNITY: Perceptions and motivations of police reservists in Johannesburg
Forster-Towne, Claudia; Africa Institute for South Africa (AISA) and the University of Johannesburg.
2013-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/806
Police reservists
Johannesburg
South Africa
SAPS
race
en_US
This article discusses the racialised and dichotomous way in which suburban reservists articulate their motivations for joining the South African Police Service (SAPS); namely, that white reservists are believed to join as a hobby whereas black reservists join for an opportunity to gain employment. Using interviews, this article illustrates how these perspectives are tied to broader societal expectations, which are informed in and through race and class relations. It concludes with a call for further research to build on this largely exploratory research.
oai:journals.assaf.org.za:article/807
2022-11-25T17:36:05Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/807
2022-11-25T17:36:05Z
Institute for Security Studies & University of Cape Town
No. 46 (2013): December 2013
THE PARADOX OF CRIME PERCEPTIONS: SAPS crime statistics, Victims of Crime Surveys and the media
Govender, Megan; DNA Economics
2013-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/807
SAPS
crime statistics
victims survey
media
crime reporting
South Africa
en_US
A disjuncture exists between perceptions of crime and the actual levels of recorded crime. The 2012/13 crime statistics released by the South African Police Service reveal an overall decrease in serious crime between 2002/03 and 2012/13. Yet, during this period, suspicions lingered among the public and media that crime was actually increasing. This article investigates the reporting of crime and demonstrates that household perceptions of property crime and violent crime can be interpreted and reported in contradictory ways. It can be variously shown that most households feel that crime has not decreased, nor do they feel it has increased and nor do they feel it has stayed the same. Consequently, the reporting of the perceptions of crime needs to be carefully and explicitly communicated to mitigate any confusion that may ensue.
oai:journals.assaf.org.za:article/808
2022-11-25T17:36:05Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/808
2022-11-25T17:36:05Z
Institute for Security Studies & University of Cape Town
No. 46 (2013): December 2013
AUTOBIOGRAPHIES OF A SPECIAL KIND: Recent writings by and on the police in South Africa
van der Spuy, Elrena; University of Cape Town
2013-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/808
Police
SAPS
police culture
South Africa
police autobiographies
en_US
The occupational culture of police organisations has long fascinated policing scholars. In the Anglo- American world ethnographic enquiries have contributed much to our understanding of police perceptions, beliefs and actions. This article takes a closer look at efforts to describe and analyse police culture in South Africa. Three genres of writings are considered. Structural accounts of police culture and ethnographic accounts of the police are briefly discussed before turning to a more detailed consideration of a third and emerging genre: police autobiographies. Two recent autobiographies written by former policemen are explored in some detail with the view to considering the contribution of the autobiography to our understanding of the complex occupational dynamics of police and policing in South Africa.
oai:journals.assaf.org.za:article/809
2022-11-25T17:36:05Z
sacq:OTR
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/809
2022-11-25T17:36:05Z
Institute for Security Studies & University of Cape Town
No. 46 (2013): December 2013
ON THE RECORD: with Olly Owen and Andrew Faull
Owen, Olly; University of Oxford
Faull, Andrew; University of Oxford
2013-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/809
Police
ethnography
performance management
Nigeria
South Africa
en_US
Olly Owen is a junior research fellow in the Department of International Development at the University of Oxford. In 2012 he completed his doctorate in Social and Cultural Anthropology at Oxford. This involved an ethnographic study of, and fieldwork with, the Nigerian Police Force. Andrew Faull is a doctoral research student at the Centre for Criminology, University of Oxford. His research also involves an ethnographic study of police, the South African Police Service. He completed nine months of fieldwork with the SAPS in April 2013. In this frank exchange Olly and Andrew discuss their observations relating to performance management in the respective agencies.
oai:journals.assaf.org.za:article/810
2022-11-25T17:36:05Z
sacq:RART
driver
v2
https://journals.assaf.org.za/index.php/sacq/article/view/810
2022-11-25T17:36:05Z
Institute for Security Studies & University of Cape Town
No. 46 (2013): December 2013
Bibliography on police and policing research in South Africa, 2000–2012
Banchani, John-Paul
van der Spuy, Elrena; University of Cape Town
2013-03-08
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).
url:https://journals.assaf.org.za/index.php/sacq/article/view/810
Police
policing
South Africa
bibliography
en_US
No abstract
oai:journals.assaf.org.za:article/811
2022-11-25T14:41:03Z
sacq:RART
driver
oai:journals.assaf.org.za:article/812
2022-11-25T14:41:02Z
sacq:RART
driver
oai:journals.assaf.org.za:article/813
2022-11-25T14:41:02Z
sacq:RART
driver
oai:journals.assaf.org.za:article/814
2022-11-25T14:41:02Z
sacq:cn
driver
oai:journals.assaf.org.za:article/815
2022-11-25T14:41:02Z
sacq:OTR
driver
oai:journals.assaf.org.za:article/816
2022-11-25T14:41:13Z
sacq:RART
driver
oai:journals.assaf.org.za:article/817
2022-11-25T14:41:13Z
sacq:RART
driver
oai:journals.assaf.org.za:article/819
2022-11-25T14:41:13Z
sacq:RART
driver
oai:journals.assaf.org.za:article/821
2022-11-25T14:41:13Z
sacq:OTR
driver
oai:journals.assaf.org.za:article/822
2022-11-25T14:41:13Z
sacq:cn
driver
oai:journals.assaf.org.za:article/823
2022-11-25T14:41:09Z
sacq:RART
driver
oai:journals.assaf.org.za:article/825
2022-11-25T14:41:08Z
sacq:RART
driver
oai:journals.assaf.org.za:article/826
2022-11-25T14:41:08Z
sacq:BR
driver
oai:journals.assaf.org.za:article/828
2022-11-25T14:41:08Z
sacq:OTR
driver
oai:journals.assaf.org.za:article/829
2022-11-25T14:41:19Z
sacq:RART
driver
oai:journals.assaf.org.za:article/830
2022-11-25T14:41:19Z
sacq:RART
driver
oai:journals.assaf.org.za:article/831
2022-11-25T14:41:19Z
sacq:RART
driver
oai:journals.assaf.org.za:article/832
2022-11-25T14:41:19Z
sacq:RART
driver
oai:journals.assaf.org.za:article/833
2022-11-25T14:41:19Z
sacq:RART
driver
oai:journals.assaf.org.za:article/834
2022-11-25T14:41:19Z
sacq:BR
driver
oai:journals.assaf.org.za:article/835
2022-11-25T14:41:25Z
sacq:RART
driver
oai:journals.assaf.org.za:article/836
2022-11-25T14:41:25Z
sacq:BR
driver
oai:journals.assaf.org.za:article/837
2022-11-25T14:41:25Z
sacq:RART
driver
oai:journals.assaf.org.za:article/838
2022-11-25T14:41:25Z
sacq:RART
driver
oai:journals.assaf.org.za:article/839
2022-11-25T14:41:24Z
sacq:RART
driver
oai:journals.assaf.org.za:article/840
2022-11-25T14:41:32Z
sacq:RART
driver
oai:journals.assaf.org.za:article/841
2022-11-25T14:41:32Z
sacq:RART
driver
oai:journals.assaf.org.za:article/842
2022-11-25T14:41:32Z
sacq:RART
driver
d669dbdf4013b0e51837cd151c90ed9f