South African Crime Quarterly 2019-03-22T07:32:31+00:00 Dr Kelley Moult Open Journal Systems <p>The <em>South African Crime Quarterly</em> <em>(SACQ)</em> is a journal co-published by the Justice and Violence Prevention Programme at the <a href="" target="_blank" rel="noopener">Institute for Security Studies (ISS)</a> and the <a href="">Centre of Law and Society (CLS)</a>&nbsp;at the University of Cape Town. <em>SACQ</em> presents recent research results on crime, criminal justice, policing, prisons and incarceration, crime prevention, and criminal justice policy and legislation.&nbsp;<em>SACQ</em> aims to add balance and objectivity to the discourse on human security in Africa by providing timely empirical research and analysis to policy makers, area specialists, academics and students.</p> Editorial: Hard questions, big challenges 2019-03-22T07:32:29+00:00 Kelley Moult Diane Jefthas <p>Editorial September 2018</p> 2018-09-30T20:00:32+00:00 ##submission.copyrightStatement## Shot while surrendering: Strikers describe Marikana Scene 2 2019-03-22T07:32:22+00:00 David Bruce <p class="p1"><em>This article is concerned with the events of 16 August 2012 at the Lonmin Marikana mine in the North West province, when members of the South African Police Service killed 34 people, most of whom were striking mineworkers. These killings, now widely referred to as the Marikana massacre, are regarded not only as a tragedy but also as an event of great significance in South Africa’s contemporary history. A commission of inquiry was held into the killings, but it did not reach any conclusions about what had happened at the second massacre site, commonly referred to as Scene 2, at which 17 of the fatal shootings took place. While these events are now the subject of an investigation by police oversight and criminal justice agencies, we cannot assume that this will reveal the truth about the killings at Scene 2. To add to our understanding of the events at Marikana, this article analyses statements from the injured and arrested strikers taken by the Independent Police Investigative Directorate in the five days immediately after the massacre. This article examines data from the statements, and the circumstances in which these statements were taken, in order to interrogate the assertion that ‘strikers were shot by police while surrendering or injured at Scene 2’.</em><span class="s1"><em>1 </em></span><em>It concludes that, taken as a whole, the statements are a reliable source of information that some of the strikers at Scene 2 were indeed shot while surrendering. </em></p> 2018-09-30T20:10:04+00:00 ##submission.copyrightStatement## A missing link in the Traditional Courts Bill 2017: Evidence obtained through human rights violations 2019-03-22T07:32:26+00:00 Robert Doya Nanima <p class="p1"><em>The issue of admission of evidence obtained through human rights violations is central to a criminal justice system as a mechanism through which to prevent overzealous prosecution by the state and ensure protection of human rights. As such, any court that deals with criminal cases has to evaluate evidence before it is admitted. This article argues that the Traditional Courts Bill (TCB)</em><span class="s1"><em>1 </em></span><em>does not provide for a mode of dealing with evidence obtained as a result of human rights violations. To substantiate this argument, the article reviews the current Bill, and reflects on the challenges that arise with regard to evidence obtained in this way. The article contextualises section 35(5) of the Constitution of the Republic of South Africa, and discusses the practical difficulties of applying it under the current Bill. The article concludes with recommendations for measures that can ensure that accused persons are not prejudiced when appearing before the court. </em></p> 2018-09-30T20:04:20+00:00 ##submission.copyrightStatement## Is crime getting increasingly violent? An assessment of the role of bank associated robbery in South Africa 2019-03-22T07:32:23+00:00 Mahlongonolo Thobane Johan Prinsloo <p class="p1"><em>There is public concern about the violent nature of crime in South Africa and the continuously increasing levels of crime, both of which place a huge burden on the resources of the criminal justice system. ‘Bank associated robbery’ is a bank-related robbery (or attempted robbery) of cash, committed against a bank client while en route to or from a bank or ATM. Although this phenomenon is relatively unknown both in the academe and to the general public, the drastic increase in these violent and potentially traumatic crimes puts the general public at risk, and is therefore of particular concern to the banking industry and criminal justice practitioners. The impact and consequences of these robberies are aggravated by their interaction with the so-called trio crimes: home invasions and robbery, business robberies, and vehicle hijacking. In this article the dynamics of bank associated robbery are analysed, as well as its interrelationship with the trio crimes. </em></p> 2018-09-30T20:08:02+00:00 ##submission.copyrightStatement## In no certain terms: the court’s inconsistent approach to the role of sexual grooming when sentencing cases of the rape of children under 16. 2019-03-22T07:32:25+00:00 Nicole van Zyl <p class="p1"><em>This article considers whether evidence of sexual grooming influences decisions by South African courts when passing sentence on offenders who have been found guilty of sexual assault or rape of children. By analysing judicial decisions, the article considers three themes – the lack of violence, the apparent consent of a child under 12, and the appropriateness of correctional supervision. The article concludes that evidence of grooming should play a role in sentencing decisions, as it forms part of the nature of the crime that the court is required to consider. </em></p> 2018-09-30T20:06:17+00:00 ##submission.copyrightStatement## Annelise Burgess: Heist! South Africa's Cash in Transit epidemic uncovered. 2019-03-22T07:32:31+00:00 Elrena van der Spuy <p>no abstract for it is a book review</p> 2018-09-30T19:57:02+00:00 ##submission.copyrightStatement## On the Record: Nicolette Naylor & Sibongile Ndashe 2019-03-22T07:32:28+00:00 Kelley Moult <p><em>Recent local and global developments have turned the spotlight on the role of law in addressing sexual harassment in the workplace. Almost four decades after feminist legal scholars pushed for law that recognises that sexual harassment constitutes a form of discrimination that is legally actionable, it is important to take stock of the success and limits of the law. In a context where the law is increasingly accused of complicity in shielding abusers by (mis)applying sexual harassment policies to exonerate the perpetrators or fail to hold institutions to account where they claim that their hands are tied because complainants do not want to lay formal complaints. <strong>Nicolette Naylor </strong>(Director, Ford Foundation for Southern Africa) and <strong>Sibongile Ndashe </strong>(Executive Director: The Initiative for Strategic Litigation in Africa [ISLA]) discuss the role of the law against the backdrop of the successes of campaigns like the #MeToo movement that encourage survivors to speak out outside of the by unmasking and publicly naming perpetrators. The conversation was originally presented as an ISLA Conversation between Nicolette and Sibongile on 10 July 2018 in Johannesburg.</em></p> 2018-09-30T20:02:22+00:00 ##submission.copyrightStatement##