2024-03-29T15:01:13Z
https://journals.assaf.org.za/index.php/sacq/oai
oai:journals.assaf.org.za:article/36
2022-11-25T14:54:21Z
sacq:CA
driver
nmb a2200000Iu 4500
"151102 2015 eng "
2413-3108
1991-3877
10.17159/2413-3108/2015/i53a36
doi
dc
Avoiding another Marikana massacre: Why police leadership matters
Newham, Gareth
Institute for Security Studies
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.’
Institute for Security Studies & University of Cape Town
2015-09-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/36
South African Crime Quarterly; No. 53 (2015): September 2015
eng
Copyright (c) 2015 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/38
2022-11-25T14:54:21Z
sacq:CA
driver
nmb a2200000Iu 4500
"151102 2015 eng "
2413-3108
1991-3877
10.17159/2413-3108/2015/i53a38
doi
dc
Leading a horse to water...: Assessing review mechanisms of SAPS performance
Burger, Johan
Institute for Security Studies
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.
Institute for Security Studies & University of Cape Town
2015-09-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/38
South African Crime Quarterly; No. 53 (2015): September 2015
eng
Copyright (c) 2015 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/39
2022-11-25T14:52:38Z
sacq:CA
driver
nmb a2200000Iu 4500
"160926 2016 eng "
2413-3108
1991-3877
10.17159/2413-3108/2016/i57a39
doi
dc
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
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.
Institute for Security Studies & University of Cape Town
2016-09-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/39
South African Crime Quarterly; No. 57 (2016): September 2016
eng
Copyright (c) 2016 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/453
2022-11-25T14:53:55Z
sacq:CA
driver
nmb a2200000Iu 4500
"150115 2015 eng "
2413-3108
1991-3877
10.17159/2413-3108/2015/i54a453
doi
dc
Violence, victimisation and parole: Reconciling restorative justice and victim participation
Hargovan, Hema
University of KwaZulu Natal
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 the
one 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 growing
numbers 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 crime
itself, 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.
Institute for Security Studies & University of Cape Town
2015-12-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/453
South African Crime Quarterly; No. 54 (2015): December 2015
eng
Copyright (c) 2015 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/456
2022-11-25T14:52:38Z
sacq:CA
driver
nmb a2200000Iu 4500
"160926 2016 eng "
2413-3108
1991-3877
10.17159/2413-3108/2016/i57a456
doi
dc
The killing fields of KZN: Local government elections, violence and democracy in 2016
De Haas, Mary Elizabeth
School of Law University KZN
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.
Institute for Security Studies & University of Cape Town
2016-09-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/456
South African Crime Quarterly; No. 57 (2016): September 2016
eng
Copyright (c) 2016 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/1380
2022-11-25T14:52:00Z
sacq:CA
driver
nmb a2200000Iu 4500
"161214 2016 eng "
2413-3108
1991-3877
10.17159/2413-3108/2016/i58a1380
doi
dc
The state of South Africa’s prisons - ten years after the Jali Commission
Muntingh, Lukas
UWC
Ten years have lapsed since the Jali Commission’s final report became publicly available and it is therefore an opportune time to assess the state of South Africa’s prison system. The Jali Commission was appointed when it became clear that the state had lost control of the Department of Correctional Services (DCS). Ten years on some notable advances have been made in regaining control and addressing corruption and maladministration. However, serious and persistent challenges remain. These are explored looking at policy development, the performance of DCS against set targets, governance and human rights violations. In all four of these areas substantial shortcomings remain and impunity for human rights violations is perhaps the most critical challenge as DCS has been reluctant to acknowledge the scale thereof and take firm leadership on the issue.
Institute for Security Studies & University of Cape Town
2016-12-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/1380
South African Crime Quarterly; No. 58 (2016): December 2016
eng
Copyright (c) 2016 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/1726
2022-11-25T14:43:51Z
sacq:CA
driver
nmb a2200000Iu 4500
"170929 2017 eng "
2413-3108
1991-3877
10.17159/2413-3108/2017/i61a1726
doi
dc
New interventions and sustainable solutions: Reappraising illegal artisanal mining in South Africa
Mkhize, Mbekezeli Comfort
Researcher: Centre for Military Studies, Stellenbosch University
Despite being recognised as a significant contributor in the South African economy, the mining industry is riddled with illegal mining activities. Though it remains difficult to precisely measure the extent of the activities in financial terms, it is estimated that more than R72 Billion have been lost. Lack of research on illegal mining partly compounds the problem. In view of this knowledge-gap, this article argues that whilst there is a multiplicity of stakeholders who deal directly with unlawful activities, poor integration of capacities at different levels remain discernible. The article assesses available literature and employs two theoretical perspectives as lenses through which to view the underlying reasons and the measures that can be put in place to quell illegal mining. The article concludes that an integrated model needs to be put in place in order to quell illegal mining in South Africa. The article recommends that the resources need to be pulled together and collaborative efforts need to be enhanced at all levels.
Institute for Security Studies & University of Cape Town
2017-09-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/1726
South African Crime Quarterly; No. 61 (2017): September
eng
Copyright (c) 2017 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/1728
2022-11-25T14:44:17Z
sacq:CA
driver
nmb a2200000Iu 4500
"170623 2017 eng "
2413-3108
1991-3877
10.17159/2413-3108/2017/i60a1728
doi
dc
Heritage Lost:The cultural impact of wildlife crime in South Africa
Griffiths, Megan Laura
University of South Africa.
Crimes against wildlife have come to the fore in South Africa in the past decade – largely due to the dramatic escalation of rhino poaching. As a major custodian of iconic species such as the Big Five, South Africa is at the core of the illicit wildlife economy. Since the country is reliant on wildlife tourism for economic development, poaching brings serious financial consequences. These negative impacts, however, extend far beyond the economy and also protrude into the cultural sphere. While some South Africans may be unmoved by the plight of the country’s wildlife as a result of a lack of exposure thereto, many feel socially linked to wildlife. Concerned citizens often consider that future generations will not be able to experience wildlife due to extinction, and will thus be deprived of their rightful cultural inheritance. The impact of wildlife crime may therefore be seen as a form of cultural victimisation.
Institute for Security Studies & University of Cape Town
2017-06-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/1728
South African Crime Quarterly; No. 60 (2017): June 2017
eng
Copyright (c) 2017 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/1787
2022-11-25T14:44:17Z
sacq:CA
driver
nmb a2200000Iu 4500
"170623 2017 eng "
2413-3108
1991-3877
10.17159/2413-3108/2017/i60a1787
doi
dc
Live by the gun, die by the gun: An Analysis of Botswana’s ‘shoot-to-kill’ policy as an anti-poaching strategy
Mogomotsi, Goemeone Emmanuel Judah
University of Botswana
Madigele, Patricia Kefilwe
Okavango Research Institute
Notwithstanding the adoption of various anti-poaching strategies, rhino and elephant poaching levels are increasingly growing in Southern African. To protect wildlife, the government of Botswana has devised and implemented controversial ‘shoot to kill’ policy against poachers. This strategy appears to be working in reducing poaching which is thought to be ‘virtually non-existent’ in Botswana. Thus the neighbouring countries have resorted to relocate their rhino populations to Botswana. This paper discusses the militarisation of conservation generally as a policy alternative. It makes an in-depth assessment of Botswana’s shoot-to-kill policy. This article adopts an exploratory research method to review the relevant literature in investigating the effectiveness of Botswana’s shoot-to-kill policy. It investigates whether this policy can be adopted by other countries particularly South Africa to combat poaching. This policy analysis is important for South Africa as it has been forced to transfer or migrate a substantial number of rhinos to Botswana.
Institute for Security Studies & University of Cape Town
2017-06-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/1787
South African Crime Quarterly; No. 60 (2017): June 2017
eng
Copyright (c) 2017 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/3044
2022-11-25T14:43:07Z
sacq:CA
driver
nmb a2200000Iu 4500
"171213 2017 eng "
2413-3108
1991-3877
10.17159/2413-3108/2017/i62a3044
doi
dc
A legal analysis in context: The Regulation of Gatherings Act – a hindrance to the right to protest?
Omar, Jameelah
University of Cape Town http://orcid.org/0000-0002-8901-7321
South Africa has seen a groundswell of protests in the past few years. The number of arrests during protest action has likewise increased. In June 2017 the Social Justice Coalition (SJC) challenged the constitutionality of the Regulation of Gatherings Act 205 of 1993 in the Western Cape High Court. This was an appeal from the magistrates’ court in which 21 members of the SJC were convicted of contravening the Regulation of Gatherings Act for failing to provide notice. This is the first court challenge to the constitutionality of the Regulation of Gatherings Act. Although the challenge was brought on restricted grounds, it highlights the Regulation of Gatherings Act as a sharp point of controversy. This article will consider the regulatory provisions and the extent to which they restrict the constitutional right to protest, particularly in light of the important role played by protest in South Africa’s constitutional democracy.
Institute for Security Studies & University of Cape Town
2017-12-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/3044
South African Crime Quarterly; No. 62 (2017): December 2017
eng
Copyright (c) 2017 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/3059
2022-11-25T14:43:07Z
sacq:CA
driver
nmb a2200000Iu 4500
"171213 2017 eng "
2413-3108
1991-3877
10.17159/2413-3108/2017/i62a3059
doi
dc
Lawyering protest - critique and creativity: Where to from here in the public interest legal sector?
Chamberlain, Lisa
Centre for Applied Legal Studies
Wits University
Snyman, Gina
Centre for Applied Legal Studies
Wits University
Frequent protests, arising from a diversity of motivations, are a feature of the South African landscape. Despite the right to protest being entrenched in section 17 of the Constitution, it is under threat, and communities seeking to protest increasingly risk criminalisation. This article identifies some of the emerging themes in the protest landscape and the way the right to protest is being suppressed. Four dominant themes are highlighted through the lens of the experiences of the public interest legal sector: the conflation of notification and permission; heavy-handed state responses to protests; the abuse of bail procedures; and the use of interdicts. Law has become at least one of the sites of contestation in the protest arena. The political space held open by the existence of the right to protest is thus closing as a result of violations of this right. It is therefore both useful and necessary to interrogate the role of lawyers in such contestation. This article also examines the context and nature of the public interest legal sector’s response to these emerging themes.
Institute for Security Studies & University of Cape Town
2017-12-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/3059
South African Crime Quarterly; No. 62 (2017): December 2017
eng
Copyright (c) 2017 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/3109
2022-11-25T14:43:07Z
sacq:CA
driver
nmb a2200000Iu 4500
"171213 2017 eng "
2413-3108
1991-3877
10.17159/2413-3108/2017/i62a3109
doi
dc
Failing to respect and fulfill: South African law and the right to protest for children
Ally, Nurina
Equal Education Law Centre https://eelawcentre.org.za/
Despite the historical and ongoing importance of protest as a vehicle for children to express themselves, current laws fail to protect and enable children’s participation in protest. More than two decades after the formal end of apartheid, a child may be subject to criminal processes for convening a peaceful, unarmed protest. This article highlights the importance of the right to protest for children and the obligation on the state to respect, protect and fulfil the right to protest, specifically taking into account children’s interests. Through a description of the Mlungwana & Others vs The State and Others case, the article highlights the manner in which the criminalisation of peaceful protest by the Regulation of Gatherings Act fails to take into account the best interests of children and violates the right to protest.
Institute for Security Studies & University of Cape Town
2017-12-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/3109
South African Crime Quarterly; No. 62 (2017): December 2017
eng
Copyright (c) 2017 Author and Institute for Security Studies
oai:journals.assaf.org.za:article/5632
2022-11-25T14:37:23Z
sacq:CA
driver
nmb a2200000Iu 4500
"190630 2019 eng "
2413-3108
1991-3877
10.17159/2413-3108/2019/i68a5632
doi
dc
Towards transforming a system: re-thinking incarceration for youth (and beyond)
Marqua-Harries, Lisa
Restore http://www.restore.org.za https://orcid.org/0000-0001-6224-9408
Stewart, Grant
Restore https://orcid.org/0000-0003-3124-1483
Padayachee, Venessa
NICRO https://orcid.org/0000-0001-7706-7754
Rethinking crime and punishment, especially with regard to youth, is a priority for South Africa; a country with high crime rates, recidivism and an overburdened criminal justice system. The present punitive and retributive system often only exacerbates many underlying causes of crime and violence, especially in young people. The failure of the present system suggests that the time is right for a paradigm shift in society's response to crime and punishment. A challenge to implementing any alternative justice model is to ensure that it does not continue to prop up the under-resourced, overburdened and dysfunctional criminal justice system it seeks to reform. The current systemic crisis demands radical reform, not merely adopting a few well-meaning tweaks to a broken system. This article argues that the system and its various forms (including residential options but with an emphasis on community-owned interventions) need to be both trauma-informed and infused with an ethos of restorative justice. We articulate our explanations with youth as the focus and make proposals in light of this and suggest a path towards implementation.
Institute for Security Studies & University of Cape Town
2019-06-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/5632
South African Crime Quarterly; No. 68 (2019): June 2019
eng
Copyright (c) 2019 Author and Institute for Security Studies/UCT
oai:journals.assaf.org.za:article/9253
2022-10-18T21:01:42Z
sacq:CA
driver
nmb a2200000Iu 4500
"201123 2020 eng "
2413-3108
1991-3877
10.17159/2413-3108/2020/i69a9253
doi
dc
The crisis of criminal justice in South Africa
Cameron, Edwin
Inspecting Judge for the Judicial Inspectorate for Correctional Services
This article builds on two lectures (delivered in 2017 and 2019 at the University of the Western Cape and the University of Cape Town respectively) that addressed a a controversial and often overlooked crisis in the criminal justice system – the minimum sentencing regime. The paper argues that minimum sentences are no response at all to curbing crime in South Africa and to making our people safe. The minimum sentencing regime is a misdirected, hugely costly and above all ineffective way of punishing criminals and dealing with crime. It has been an extravagant mistake of science, understanding, and policy and social response. The article summarises some of the arguments and considers why we are still stuck with minimum sentences when they are demonstrably useless and counterproductive. The author argues that the reasons lie in our broken history, in incoherent decision-making in our present political leadership, institutional incompetence, and the fact that minimum sentences themselves, through their false promise, divert us from finding more efficient solutions.
Institute for Security Studies & University of Cape Town
2020-10-01 00:00:00
application/pdf
https://journals.assaf.org.za/index.php/sacq/article/view/9253
South African Crime Quarterly; No. 69 (2020): SACQ 2020
eng
Copyright (c) 2020 Author and Institute for Security Studies/UCT