item: #1 of 389 id: sacq-1000 author: Masuku, Themba title: TARGETING FOREIGNERS: Xenophobia among Johannesburg’s police date: 2006-03-08 words: 3633 flesch: 51 summary: As a result we sometimes do not believe what they say because most police officials believe that foreigners are lying [in order] to remain in the country…Most police officials do not understand that foreigners are human too with human rights. Based on a survey of police officials in the Johannesburg area, this article examines the phenomenon and attempts to provide some answers. keywords: crime; immigrants; officials; police; saps; south; training cache: sacq-1000.pdf plain text: sacq-1000.txt item: #2 of 389 id: sacq-1001 author: Omar, Bilkis title: CROWD CONTROL: Can our public order police still deliver? date: 2006-03-08 words: 3744 flesch: 44 summary: Public order policing takes shape After 1994 a new approach was needed to policing in South Africa – one that would serve the new government and the people. In the case of public order policing, the restructuring process was far-reaching and entailed SA CRIME QUARTERLY keywords: accu; area; crime; crowd; order; police; policing; public; units cache: sacq-1001.pdf plain text: sacq-1001.txt item: #3 of 389 id: sacq-1002 author: Newham, Gareth title: GETTING INTO THE CITY BEAT: Challenges facing our metro police date: 2006-03-08 words: 3143 flesch: 45 summary: With good reason, metro police officers do better at traffic control than crime prevention, and their relationship with the SAPS needs attention. Local government had to finance these departments, which meant that limited resources had to be spread over the following three core mandates: • traffic law enforcement; • municipal by-law enforcement; and • crime prevention. keywords: crime; department; metropolitan; mpds; police; prevention; saps cache: sacq-1002.pdf plain text: sacq-1002.txt item: #4 of 389 id: sacq-1003 author: Fick, Nicolé title: SEX WORKERS SPEAK OUT: Policing and the sex industry date: 2006-03-08 words: 3924 flesch: 67 summary: Instead, it has increased the vulnerability of sex workers to violence and exploitation by forcing sex workers further underground, hindering access to health and legal services and increasing the stigma attached to the work. There are those who would argue that sex work is an inherently violent occupation; however, it is clear that the laws criminalising this work make sex workers easy targets for violence.1 The physical safety of sex workers is threatened by the criminal sphere in which they are forced to work.2 Steve Chapman eloquently explains the association between sex work, crime and violence as follows: keywords: hulle; participants; police; sex; street; study; sweat; violence; workers cache: sacq-1003.pdf plain text: sacq-1003.txt item: #5 of 389 id: sacq-1004 author: Altbeker, Antony title: THE DANGERS OF DATA: Recognising the limitations of crime statistics date: 2006-03-08 words: 4171 flesch: 58 summary: No 14 DECEMBER 2005 31ALTBEKER Having established that figure, the MRC then calculated the number of deaths attributable to homicide on the basis of NIMSS data. All it offers is the suggestion that, in the absence of more compelling data, we ought to accept police statistics as reflective of reality and that NIMSS data cannot be used to estimate the burden of risk without much more data about the population from which its samples are drawn. keywords: data; deaths; mrc; nimss; number; saps cache: sacq-1004.pdf plain text: sacq-1004.txt item: #6 of 389 id: sacq-1005 author: Sloth-Nielsen, Julia; Ehlers, Louise title: ASSESSING THE IMPACT: Mandatory and minimum sentences in South Africa date: 2006-03-08 words: 4261 flesch: 44 summary: No 14 DECEMBER 2005 19 According to the Inspecting Judge, the sentenced prisoner population has increased by 28,801 prisoners since April 2000, despite the fact that about 7,000 inmates were released on parole in SLOTH-NIELSEN AND EHLERS Figure 1: Effect of minimum sentence legislation on prisoner numbers 0 10,000 20,000 30,000 40,000 50,000 1997 1998 1999 2000 2001 2002 2003 2004 2005 Longer than than 7 yearsTotal less than 7 years 60,000 70,000 80,000 1 May 1998, when the minimum sentence legislation came into effect Source: H Fagan, Our bursting prisons, The Advocate, April 2005 Figure 2: Sentenced groups, 30 April 1998 19% Source: H Fagan, Our bursting prisons, The Advocate, April 2005 81% 10 years and less Longer than 10 years Figure 3: Sentenced groups, 30 September 2004 36% Source: H Fagan, Our bursting prisons, The Advocate, April 2005 64% 10 years and less Longer than 10 years September 2003. The passing of the minimum sentencing legislation took place against the backdrop of a range of other legislative and policy shifts aimed at dealing with the perception that government was not taking the Julia Sloth-Nielsen Faculty of Law, University of the Western Cape juliasn@telkomsa.net Louise Ehlers Criminal Justice Initiative Open Society Foundation for South Africa Louise@ct.osf.org.za ASSESSING THE IMPACT Mandatory and minimum sentences in South Africa The legislation passed in 1997 that provides for mandatory minimum sentences for serious crimes was recently extended for another two years. keywords: cit; crime; legislation; prison; sentences; sentencing; south cache: sacq-1005.pdf plain text: sacq-1005.txt item: #7 of 389 id: sacq-1006 author: Frank, Cheryl title: YOUNG GUNS: Children in organised armed violence date: 2006-03-08 words: 2600 flesch: 50 summary: In assessing trends in government responses to children’s involvement in organised armed groups, the study found that, in most of the countries examined, governments used repressive approaches to deal with children in these groups. It is also problematic for South Africa that discussions relating to organised armed groups have been focused on Coloured gangs of the Cape Flats. keywords: children; gangs; groups; south; study; violence cache: sacq-1006.pdf plain text: sacq-1006.txt item: #8 of 389 id: sacq-1007 author: Pharoah, Robyn title: AN UNKNOWN QUANTITY: Kidnapping for ransom in South Africa date: 2006-03-08 words: 3805 flesch: 48 summary: A private investigator argues that many kidnappings are planned and instigated by people known to the victim, who then contract others to carry out the crime.17 Kidnappers usually study the movements and routines of their victims, but are generally less experienced and less sophisticated than their Latin American counterparts. Risk insurance, and the provision of related risk and crisis management services, has become an established industry and it is estimated that as much as $100m is paid each year in premiums globally.1 Kidnapping for ransom is a diverse and evolving phenomenon, but is most common in countries with high levels of crime and corruption, poorly resourced or trained police personnel, a weak judiciary, and/or a history of political or social instability and conflict.2 keywords: africa; countries; crime; insurance; kidnapping; police; ransom; south; statistics cache: sacq-1007.pdf plain text: sacq-1007.txt item: #9 of 389 id: sacq-1008 author: Frank, Cheryl title: PROTECTING OUR CHILDREN AND YOUTH: How social service delivery can prevent crime date: 2006-03-08 words: 3644 flesch: 42 summary: Messages that emphasise and reinforce current behaviour, or that promote minor behaviour change serve a potentially important role, for example, how to access social security, and promoting the enrolment of young children in early childhood programmes, free schooling, free health care, etc. This Department aims to provide youth development services and has reportedly developed two youth centres providing skills training for young people.9 Opportunities and constraints for preventing crime Budgets and the funding of services A key problem is that a range of the services under review are in direct competition with one another for provincial funding, especially due to the extension of social security provisions such as the child support grant.10 While there is no question that poverty alleviation (through the provision of the child support grant) can make an important contribution towards the health and well-being of children and young people, this cannot be at the expense of other more targeted services and programmes. keywords: children; crime; department; development; health; prevention; services; social cache: sacq-1008.pdf plain text: sacq-1008.txt item: #10 of 389 id: sacq-1009 author: Matzopoulos, Richard title: VIOLENT DEATHS IN SA: The 2003 National Injury Mortality Surveillance System date: 2006-03-08 words: 3341 flesch: 47 summary: In 2003, homicide was the leading manner of non-natural death for all ages from 15 to 45 years and violence- related gunshot injuries are the single largest cause of injury death for all ages from 15 to 60 years. The article makes use of estimates of injury deaths from D Bradshaw, O Groenewald, R Laubscher, N Nannan, B Nojilana, R Norman, D Pieterse, M Schneider, D Bourne, I Timæus, R Dorrington, L Johnson, Initial burden of disease estimates for South Africa 2000, South African Medical Journal, 93(9), 2003, pp 682–688. keywords: africa; cape; data; deaths; homicide; injury; nimss; south cache: sacq-1009.pdf plain text: sacq-1009.txt item: #11 of 389 id: sacq-1010 author: Pharoah, Robyn title: AIDS, ORPHANS AND CRIME: Exploring the linkages date: 2006-03-08 words: 4845 flesch: 37 summary: Schonteich speculates that because young men are most likely to commit crime, a disproportionate number of young men between the age of 15 and 24 in severely affected countries may lead to higher levels of crime – particularly violent crime and group-based aggression.2 Others argue that by straining social institutions like the labour market and educational system, ‘youth bulges’ resulting from either HIV/AIDS or fertility trends may make countries generally more unstable and prone to violence.3 These arguments suggest that HIV/AIDS will exacerbate crime in two main ways: • that children set apart and damaged by AIDS related orphanhood will be disproportionately more likely to engage in criminal and violent behaviour than other children; • that the epidemic will increasingly create an environment conducive to crime. The few African studies available suggest that children whose parents have AIDS or have died of AIDS tend to experience more anxiety and depression than other children, but are no more prone to delinquency.14 The available evidence therefore suggests that although children orphaned by AIDS are negatively affected by their parent’s death, there is little about these children that should make them disproportionately more likely to turn to crime and violence than other poor children. keywords: africa; aids; children; crime; epidemic; hiv; levels; parents; poverty cache: sacq-1010.pdf plain text: sacq-1010.txt item: #12 of 389 id: sacq-1011 author: Steinberg, Jonny title: ASSESSING THE FUTURE OF RURAL POLICING: The impact of closing the Commandos date: 2006-03-08 words: 3234 flesch: 57 summary: The key question posed in a recent ISS study was whether rural policing would be strengthened or weakened by the decision. The research suggests that closing the Commandos will weaken rural policing but strengthen the policing of contact crimes in rural towns. keywords: commandos; crime; police; policing; rural; saps; south cache: sacq-1011.pdf plain text: sacq-1011.txt item: #13 of 389 id: sacq-1012 author: Altbeker, Antony title: POLICING DOMESTIC VIOLENCE: The enthusiasm gap date: 2006-03-08 words: 3775 flesch: 62 summary: In most cases – the majority of instances in which violence was minor or consisted only of threats – police officers did nothing more than talk to the parties before leaving. For police officers, the main problem with this list – some of which are longer than 10 – is that the incidents are indistinguishable: the information they receive consists of addresses, names (sometimes) and some indication of the nature of the complaint (usually something like assault, or some form of domestic or public disturbance). keywords: cases; cops; officers; people; police; violence cache: sacq-1012.pdf plain text: sacq-1012.txt item: #14 of 389 id: sacq-1013 author: Doolan, Katherine title: MISSING PIECE IN THE PUZZLE: The health sector’s role in implementing the DVA date: 2006-03-08 words: 2401 flesch: 30 summary: Domestic violence as a public health issue Domestic violence is the number one cause of physical trauma and injuries to women in many countries.3 Aside from direct physical injuries resulting from abuse, women suffer from chronic conditions such as gastrointestinal problems, anxiety, stress, sleeplessness, depression, pregnancy-related problems, and alcohol or drug dependency as a result of domestic violence. 5 K Peltzer, T-A Mashego and M Mabeba, Attitudes and practices of doctors toward domestic violence victims in South Africa, Health Care for Women International, 24(2), 2003, pp 149–57. keywords: abuse; care; health; screening; violence; women cache: sacq-1013.pdf plain text: sacq-1013.txt item: #15 of 389 id: sacq-1014 author: du Plessis, Anton; Louw, Antoinette title: THE TIDE IS TURNING: The 2003/04 SAPS crime statistics date: 2006-03-08 words: 4181 flesch: 60 summary: It is difficult to find fault with such responses if indeed they have contributed to the decrease in crime rates – decreases which in some cases have been substantial. Murder Murder has decreased steadily over the past 10 years, from 67 murders per 100,000 of the population in 1994/95 to a rate of 43 per 100,000 in Source: SAPS Annual Report 2003/04 4,000 4,400 4,800 5,200 5,600 6,000 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 Figure 2: Change in recorded violent crime rates, 2002/03-2003/04 Source: SAPS Annual Report 2003/04 -20 -15 keywords: crime; murder; police; rates; report; robbery; saps cache: sacq-1014.pdf plain text: sacq-1014.txt item: #16 of 389 id: sacq-1015 author: Kirsten, Adèle title: GUNS UNDER FIRE: Initial results of the 2005 firearms amnesty date: 2006-03-08 words: 3718 flesch: 51 summary: Amnesties as a tool for reducing firearms Amnesties are most often held in order to reduce or dispose of illegal firearms or in some instances, superfluous guns. Conclusion Amnesties remain a useful and effective tool to remove illegal firearms from circulation and to create a climate which builds support for a range of other measures to control the flow of firearms. keywords: africa; amnesty; crime; firearms; guns; police; public; south cache: sacq-1015.pdf plain text: sacq-1015.txt item: #17 of 389 id: sacq-1016 author: Moult, Kelley title: PROVIDING A SENSE OF JUSTICE: Informal mechanisms for dealing with domestic violence date: 2006-03-08 words: 3602 flesch: 51 summary: The interview data shows that many women seek reconciliation as a form of justice, even when the facts of the case would indicate that a more punitive solution, and the involvement of the courts and police, are warranted. Mediation rather than punishment Many informal justice mechanisms adopt the conflict resolution approach because it is more in line with the complainant’s wishes. SA CRIME QUARTERLY No 12 JUNE 2005 19 O ver the past decade, talk of ‘access to justice’ has become commonplace in South Africa, and informal justice mechanisms are often hailed as the method by which this can be achieved. keywords: cases; justice; mechanisms; police; system; violence; women cache: sacq-1016.pdf plain text: sacq-1016.txt item: #18 of 389 id: sacq-1017 author: Vetten, Lisa; Haffejee, Sadiyya title: GANG RAPE: A study in inner-city Johannesburg date: 2006-03-08 words: 3667 flesch: 60 summary: Anecdotal evidence suggests gang rape may be used as a form of punishment by the friends or acquaintances of men whose girlfriends are suspected or known to have other partners.5 Other writers have suggested that it may be used to put ‘unattainable’ women in their place.6 In the Lisa Vetten and Sadiyya Haffejee Centre for the Study of Violence and Reconciliation lvetten@csvr.org.za GANG RAPE A study in inner-city Johannesburg A study of gang rape cases reported to police in inner-city Johannesburg in 1999 – although fairly dated – provides new insights into a disturbing phenomenon. The majority of gang rape cases involved two perpetrators (56%) and in two cases there were as many as 12 (Figure 1). keywords: cases; gang; men; perpetrators; rape; study; victim cache: sacq-1017.pdf plain text: sacq-1017.txt item: #19 of 389 id: sacq-1018 author: Altbeker, Antony title: POLICING DOMESTIC VIOLENCE: The enthusiasm gap date: 2006-03-08 words: 3775 flesch: 62 summary: In most cases – the majority of instances in which violence was minor or consisted only of threats – police officers did nothing more than talk to the parties before leaving. For police officers, the main problem with this list – some of which are longer than 10 – is that the incidents are indistinguishable: the information they receive consists of addresses, names (sometimes) and some indication of the nature of the complaint (usually something like assault, or some form of domestic or public disturbance). keywords: cases; cops; officers; people; police; violence cache: sacq-1018.pdf plain text: sacq-1018.txt item: #20 of 389 id: sacq-1019 author: Frank, Cheryl title: COSTING CRIME: What value is there for policy making? date: 2006-03-08 words: 2588 flesch: 50 summary: Types of studies Three broad categories of cost related studies are presented below, followed by a discussion of the value of each, specifically with the South African situation in mind. No 11 MARCH 2005 33 T he analysis of cost is of obvious interest during any public policy debate, but what benefit does it offer us in South Africa in relation to crime policy? keywords: costing; costs; crime; policy; south; studies cache: sacq-1019.pdf plain text: sacq-1019.txt item: #21 of 389 id: sacq-1020 author: Landman, Karina; Liebermann, Susan title: PLANNING AGAINST CRIME: Preventing crime with people not barriers date: 2006-03-08 words: 3929 flesch: 47 summary: This not only encourages local empowerment and social cohesion, but also provides a more accurate reflection of public needs as regards neighbourhood crime. Although this kind of integrated approach is time consuming, the benefits of the participatory approach for both town planning and policing policy at this stage outweigh the limitations. Integration rather than separation This article has highlighted the importance of community participation in local crime prevention, both to identify the crime problems and hotspots, and to assist in solving the problems. keywords: area; crime; neighbourhoods; people; planning; prevention; residents; security cache: sacq-1020.pdf plain text: sacq-1020.txt item: #22 of 389 id: sacq-1021 author: Rauch, Janine title: LINKING CRIME AND MORALITY: Reviewing the Moral Regeneration Movement date: 2006-03-08 words: 2750 flesch: 37 summary: Instead, the political ‘campaign’ approach to moral regeneration emerged strongly: The best way of taking the message to the rest of the nation was through a national campaign. The speakers at the launch did not provide any guidance on exactly how ‘the people’ could get actively involved in moral regeneration, and this lack of clarity continued to be a key problem with the campaign. keywords: campaign; crime; government; initiative; mrm; regeneration cache: sacq-1021.pdf plain text: sacq-1021.txt item: #23 of 389 id: sacq-1022 author: Steinberg, Jonny title: SECTOR POLICING THAT WORKS: A case study of the West Rand date: 2006-03-08 words: 2883 flesch: 57 summary: What West Rand sector police are expected to do The tasks of each police official in each sector can be divided into two broad categories. The introduction of sector policing in Johannesburg’s West Rand, which began in April 2003, suggests that the substance of grassroots policing can in fact change rapidly and successfully. keywords: crime; police; policing; problems; rand; sector; west cache: sacq-1022.pdf plain text: sacq-1022.txt item: #24 of 389 id: sacq-1023 author: Tshehla, Boyane title: HERE TO STAY: Traditional leaders’ role in justice and crime prevention date: 2006-03-08 words: 3775 flesch: 44 summary: Historically, traditional leaders served as governors of their communities with authority over all aspects of life, ranging from social welfare to judicial functions. Many countries in Africa retain a system of traditional leadership and several have gone a long way in incorporating traditional leaders into democratic forms of government.1 keywords: act; crime; justice; leaders; leadership; role cache: sacq-1023.pdf plain text: sacq-1023.txt item: #25 of 389 id: sacq-1024 author: Fagan, Hannes title: CURB THE VENGEANCE: Laws on minimum sentencing and parole spell worsening prison conditions date: 2006-03-08 words: 2406 flesch: 59 summary: Figure 1: Number of awaiting trial prisoners, April 2000–July 2004 Figure 2: Length of prison sentence, 1998 Figure 3: Length of prison sentence, 2004 Source: DCS, 2004 40,000 45,000 50,000 55,000 60,000 65,000 70,000 A p r 2 0 0 0 Ju n 2 0 0 0 A u g 2 0 0 0 O ct 2 0 0 0 D ec 2 0 0 0 Fe b 2 0 0 1 A p r 2 0 0 1 Ju n 2 0 0 1 A u g 2 0 0 1 O ct 2 0 0 1 D ec 2 0 0 1 Fe b 2 0 0 2 A p r 2 0 0 2 Ju n 2 0 0 2 A u g 2 0 0 2 O ct 2 0 0 2 D ec 2 0 0 2 Fe b 2 0 0 3 A p r 2 0 0 3 Ju n 2 0 0 3 A u g 2 0 0 3 O ct 2 0 0 3 D ec 2 0 0 3 Fe b 2 0 0 4 A p r 2 0 0 4 Ju n 2 0 0 4 * Minimum sentence legislation should not be extended The minimum sentence legislation should not be extended beyond 30 April 2005 for the following reasons: keywords: minimum; parole; prisoners; sentence cache: sacq-1024.pdf plain text: sacq-1024.txt item: #26 of 389 id: sacq-1025 author: Mistry, Duxita; Klipin, Judy title: KEEPING THE POLICE IN CHECK: Assessing the secretariats for safety and security date: 2006-03-08 words: 3216 flesch: 41 summary: A lengthy consultation process resulted in five focus areas of police oversight being identified for research and evaluation: • oversight of municipal policing; • the role of community police forums (CPFs) in civilian oversight; • developing a set of indicators for democratic policing; • establishing a website focusing on police oversight issues; and • evaluating the secretariats for safety and security at both national and provincial levels.1 Mechanisms for police oversight In the early 1990s, the role of the police in a democratic South Africa was debated and reconstructed. The difficulties experienced by provincial secretariats in trying to exert influence over police counterparts in their province who take direction and orders from their national leadership, should not be underestimated. keywords: national; oversight; police; safety; saps; secretariats; security cache: sacq-1025.pdf plain text: sacq-1025.txt item: #27 of 389 id: sacq-1026 author: Sekhonyane, Makubetse; Dugard, Jackie title: A VIOLENT LEGACY: The taxi industry and government at loggerheads date: 2006-03-08 words: 3126 flesch: 43 summary: To create a niche, taxi operators initially had to defy apartheid machinations and political tensions. Alongside a bid to ‘capitalise’ portions of the black community, the sudden deregulation of transport became a means of complementing the state’s broader destabilisation strategies in the run-up to negotiations by exacerbating socio-economic and political tensions within black communities.12 In the words of James Chapman, long-time consultant to the taxi industry, “they [taxi operators] were divided by the ... keywords: deregulation; government; industry; operators; recapitalisation; taxi; transport; violence cache: sacq-1026.pdf plain text: sacq-1026.txt item: #28 of 389 id: sacq-1027 author: Smythe, Dee title: MISSED OPPORTUNITIES: Confiscation of weapons in domestic violence cases date: 2006-03-08 words: 4681 flesch: 49 summary: This means that over a quarter of all applications for domestic violence protection orders, including those in which physical violence was not noted (and 37% of all applications in George) mentioned the use of a weapon. Applications for removal of a weapon It is clear from this data that applicants for domestic violence protection orders, while mentioning the use of weapons in their supporting affidavits, and even averring ownership or possession of these weapons, are not requesting that the court order their seizure: • keywords: act; firearm; order; respondent; violence; weapon cache: sacq-1027.pdf plain text: sacq-1027.txt item: #29 of 389 id: sacq-1028 author: Meek, Sarah; Stott, Noel title: OPERATION SETHUNYA: Proactive policing can solve the illicit firearms problem date: 2006-03-08 words: 2742 flesch: 51 summary: Sarah Meek and Noel Stott Institute for Security Studies smeek@iss.org.za noel@iss.org.za OPERATION SETHUNYA Proactive policing can solve the illicit firearms problem In 2003 the South African Police Service intensified its efforts to confiscate illegal firearms and check legal owners’ compliance with the firearms legislation. The provinces that have benefited the most from increased policing of illegal firearms between March 1994 and March 2004 are the Eastern Cape (168% increase in recorded cases), North West (90% increase) and Gauteng (87% increase). keywords: crime; firearms; operation; saps; sethunya cache: sacq-1028.pdf plain text: sacq-1028.txt item: #30 of 389 id: sacq-1029 author: Leggett, Ted title: HIDDEN AGENDAS? The risks of human trafficking legislation date: 2006-03-08 words: 2917 flesch: 52 summary: In South Africa, most of the existing research on trafficking, and consequent advocacy, has focused on the importation of adult women for sex work. Brothels in South Africa also have a problem retaining white staff, as many, if not most, of the white women involved in sex work in this country have substance abuse problems, which makes them bad employees for the indoor trade.4 Eastern European women may provide a solution, but once again, this is only affordable for up-market brothel owners. keywords: africa; law; sex; south; trafficking; women cache: sacq-1029.pdf plain text: sacq-1029.txt item: #31 of 389 id: sacq-1030 author: Leggett, Ted title: NO ONE TO TRUST: Preliminary results from a Manenberg crime survey date: 2006-03-08 words: 3232 flesch: 63 summary: This would suggest a substantial share of the young male population is involved in gangs, but estimating the total number of gang members, or gang member prevalence, is difficult. Nearly a quarter (22%) of respondents were willing to admit they had friends or family members who were gang members, and 7% said a gang member resided in their household. keywords: area; crime; gang; members; respondents; survey cache: sacq-1030.pdf plain text: sacq-1030.txt item: #32 of 389 id: sacq-1031 author: Masuku, Sibusiso title: A WORLD OF CRIME: Youth views on crime in the Nelson Mandela Metro date: 2006-03-08 words: 2437 flesch: 54 summary: Once these factors have been properly understood, appropriate youth crime prevention programmes can be designed and implemented.6 This article hopes to contribute to this effort by presenting an overview of youth experiences and perceptions of crime in the Nelson Mandela Metropolitan Municipality (NMMM) in the Eastern Cape. Programmes aimed at reducing youth crime should focus on eliminating were their views on which crimes are most common. keywords: community; crime; factors; participants; people; youth cache: sacq-1031.pdf plain text: sacq-1031.txt item: #33 of 389 id: sacq-1032 author: Møller, Valerie title: LIVING WITH CRIME: Does crime affect victims’ perceived quality of life? date: 2006-03-08 words: 3448 flesch: 51 summary: No 9 SEPTEMBER 2004 29MØLLER Of importance for providing assistance to victims, the study found that crime victims were more dissatisfied with their personal safety than non- victims. Regarding policing matters, householders who feel safe are likely to believe the police and municipality are now doing a better job; they express confidence in the police and volunteer to report neighbourhood crimes. keywords: crime; householders; life; quality; safety; satisfaction; victims cache: sacq-1032.pdf plain text: sacq-1032.txt item: #34 of 389 id: sacq-1033 author: Pithey, Bronwyn title: DO NEW CRIMES NEED NEW LAWS? Legal provisions available for prosecuting human trafficking date: 2006-03-08 words: 1921 flesch: 40 summary: Challenges for prosecutors As can be seen from the range of legal provisions available to prosecute cases of trafficking, an argument may be made that there is little use for specific trafficking legislation. This article will not attempt to answer these questions, save to mention that before extensive resources are used for developing and implementing new trafficking laws, a close examination of the available options for prosecutions of this conduct is necessary. keywords: act; law; trafficking cache: sacq-1033.pdf plain text: sacq-1033.txt item: #35 of 389 id: sacq-1034 author: Tshehla, Boyane title: DO THE MEANS DEFEAT THE ENDS? Impact of legislation on Gauteng’s enclosed neighbourhoods date: 2006-03-08 words: 2311 flesch: 53 summary: The requirement that a thorough study be conducted before permission to gate off an area will be granted, means that the local authority will be in a position to assess ‘inconvenience’ factors such as the impact of access restriction on traffic and other necessary services (e.g. emergency services). Another contentious issue is the fact that the 1998 Act and the policy require that the application for access restriction be supported by two thirds, and 80% of residents respectively, in the area in respect of which the application is lodged. keywords: access; act; area; legislation; policy cache: sacq-1034.pdf plain text: sacq-1034.txt item: #36 of 389 id: sacq-1036 author: van Vuuren, Hennie title: SMALL BRIBES BIG CHALLENGE: Extent and nature of petty corruption in South Africa date: 2006-03-08 words: 3242 flesch: 49 summary: The belief that reporting corruption will not change anything is also of concern. While these figures seem high, it is important to note that these experiences were not restricted to the past year, as was the case in the questions on public sector corruption discussed above. keywords: bribe; corruption; crime; public; south; survey cache: sacq-1036.pdf plain text: sacq-1036.txt item: #37 of 389 id: sacq-1037 author: Artz, Lillian title: TOUGH CHOICES: Difficulties facing magistrates in applying Protection Orders date: 2006-03-08 words: 3561 flesch: 45 summary: The complexity of granting orders that prohibit an abuser’s access to his or her residence and/or children, and the obvious problems associated with forcing the respondent to pay for the victim’s (‘complainants’) expenses, is not to be underestimated for lower court magistrates. Magistrates felt strongly that even though, in principle, High Court orders should be varied at the High Court, the Domestic Violence Act should provide a victim of domestic violence with some temporary relief. keywords: court; magistrates; order; respondent; violence cache: sacq-1037.pdf plain text: sacq-1037.txt item: #38 of 389 id: sacq-1038 author: du Plessis, Anton title: WHEN CAN I FIRE? Use of lethal force to defend property date: 2006-03-08 words: 2156 flesch: 67 summary: There have been a number of recent, well-publicised incidents of the use of lethal force in defending property. This article focuses on just one aspect of this debate: the use of lethal force to defend property. keywords: defence; force; property; use cache: sacq-1038.pdf plain text: sacq-1038.txt item: #39 of 389 id: sacq-1039 author: Leggett, Ted title: WHY WAIT? By-laws and regulations for high impact crime prevention date: 2006-03-08 words: 3852 flesch: 62 summary: This dichotomy has persisted throughout the discourse on crime prevention in South Africa, with social crime prevention being described as a long term process, and law enforcement-based crime prevention as a short term option. Accountable environments Inner city crime can only ferment in dimly lit places. keywords: areas; city; crime; inner; law; people; police; prevention cache: sacq-1039.pdf plain text: sacq-1039.txt item: #40 of 389 id: sacq-1040 author: Masuku, Themba title: NUMBERS THAT COUNT: National monitoring of police conduct date: 2006-03-08 words: 3448 flesch: 49 summary: 3 K Adams, What we know about police use of force, in Use of force by police: Overview of national and local data, research report jointly published with the Bureau of Justice Statistics, National Institute of Justice, Washington DC, 1999. …corruption among police members severely compromises the functioning and credibility of the SAPS. keywords: force; icd; police; report; saps; use cache: sacq-1040.pdf plain text: sacq-1040.txt item: #41 of 389 id: sacq-1041 author: Mistry, Duxita title: FALLING CRIME, RISING FEAR: 2003 National Victims of Crime Survey date: 2006-03-08 words: 4144 flesch: 56 summary: The good news: crime rates down since 1998 The bad news: less people feel safe Despite the decline in crime rates indicated by the victim surveys and the official crime statistics, South Africans feel less safe in 2003 than they did in 1998. keywords: crime; police; south; survey; theft; victims cache: sacq-1041.pdf plain text: sacq-1041.txt item: #42 of 389 id: sacq-1042 author: Redpath, Jean title: WEATHERING THE STORM: Tough questions for the Scorpions date: 2006-03-08 words: 3374 flesch: 43 summary: An independent committee consisting partially of persons outside of the executive and legislature should exercise (post facto) oversight in respect of DSO case selection (the exercise of its mandate), and review the general conduct of investigations and prosecutions after their conclusion. While allegations of cherry-picking, at least since the adoption of Circular One, do not appear to be founded, DSO case selection is a laborious and opaque process. keywords: crime; director; dso; investigation; mandate; national cache: sacq-1042.pdf plain text: sacq-1042.txt item: #43 of 389 id: sacq-1045 author: Artz, Lillian title: BETTER SAFE THAN SORRY: Magistrates’ views on the Domestic Violence Act date: 2006-03-08 words: 4267 flesch: 43 summary: But research shows that most take a ‘better safe, than sorry’ approach in granting particular conditions in protection orders. The scenarios were wide-ranging and represented both the complexity of presiding over these matters as well as pervasive myths, preconceptions and deep biases about domestic violence and the ‘intentions of women’ in applying for protection orders. keywords: act; applicant; magistrates; orders; protection; violence cache: sacq-1045.pdf plain text: sacq-1045.txt item: #44 of 389 id: sacq-1046 author: Leggett, Ted title: WHAT’S UP IN THE CAPE? Crime rates in Western and Northern Cape provinces date: 2006-03-08 words: 2856 flesch: 61 summary: WHAT’S UP IN THE CAPE? Crime rates in Western and Northern Cape provinces 2,136 4,640 778 3,037 In addition, the Western Cape boasts the country’s highest levels of common and indecent assault, as well as common (but not aggravated) robbery. +50% Carjacking +254% +14% Theft of motor vehicle +56% -12% Source: SAPS Crime Information Analysis Centre 0 Western Cape 6,000 8,000 10,000 12,0004,0002,000 Gauteng Northern Cape Free State RSA average Mpumalanga North West KwaZulu-Natal Eastern Cape Limpopo Crimes per 100,000 Figure 1: Crime rates by province, 2002/3 Violent OtherProperty 3,250 7,013 776 3,433 5,727 3,656 465 2,022 3,611 342 1,717 3,181 215 1,872 288 352 2,827 1,584 2942,857 1,509 2802,465 1,014 1381,297 Free State 51 33 North West 38 31 SA CRIME QUARTERLY keywords: cape; country; crime; gauteng; province; rates cache: sacq-1046.pdf plain text: sacq-1046.txt item: #45 of 389 id: sacq-1047 author: Leggett, Ted title: STILL MARGINAL: Crime in the coloured community date: 2006-03-08 words: 3159 flesch: 60 summary: As is discussed elsewhere in this issue (see the article by Thomson), coloured people are far more likely to be murdered than any other group, and this has been the case for quite some time. The commonly heard lament is that coloured people were not ‘white enough’ under apartheid and are not ‘black enough’ in the new democracy. keywords: areas; black; cape; community; crime; people; population cache: sacq-1047.pdf plain text: sacq-1047.txt item: #46 of 389 id: sacq-1048 author: Pennington, Yvonne title: A LITTLE GOES A LONG WAY: Service delivery in Gauteng’s police stations date: 2006-03-08 words: 2142 flesch: 49 summary: In Gauteng, BAC follows priorities of the South African Police Service (SAPS) wherever possible in the selection of police stations to partner. It is interesting to note that, according to the study which this article is based on, approximately 80% of people who visit police stations deal only with the CSC. keywords: crime; detectives; police; service; station; support cache: sacq-1048.pdf plain text: sacq-1048.txt item: #47 of 389 id: sacq-1049 author: Sekhonyane, Makubetse title: FIRST THINGS FIRST: Rehabilitation starts with alternatives to prison date: 2006-03-08 words: 1998 flesch: 49 summary: Admittedly in South Africa, the public were justified in this reaction considering that during the first batch of early releases, an administrative glitch resulted in a few serious and violent offenders being let out along with the majority who had committed minor offences.5 Should prison sentences be so popular? And more careful application of prison sentences will mean that DCS will have more time and resources to ensure safe and humane detention, and increased capacity to rehabilitate inmates. keywords: crime; offenders; prison; sentences cache: sacq-1049.pdf plain text: sacq-1049.txt item: #48 of 389 id: sacq-1050 author: Thomson, JDS title: A MURDEROUS LEGACY: Coloured homicide trends in South Africa date: 2006-03-08 words: 2765 flesch: 65 summary: Data after 1990 is based on projections using the Stats SA figures and those provided by the National Injury Mortality Surveillance System 0 20 40 60 80 100 120 140 160 180 1 9 3 7 1 9 4 0 1 9 4 3 1 9 4 6 1 9 4 9 1 9 5 2 1 9 5 5 1 9 5 8 1 9 6 1 1 9 6 4 1 9 6 7 1 9 7 0 1 9 7 3 1 9 7 6 1 9 7 9 2 0 0 3 2 0 0 0 1 9 9 7 1 9 9 4 1 9 9 1 1 9 8 8 1 9 8 5 1 9 8 2 N u m b er o f m u rd er s p er 1 0 0 ,0 0 0 p eo p le Coloured Black Asian White Figure 2: Coloured homicide rate, 1963–1990, by gender Source: Stats SA 0 20 40 60 80 100 120 140 160 180 1 9 6 3 1 9 6 5 1 9 6 7 1 9 6 9 1 9 7 1 1 9 7 3 1 9 7 5 1 9 7 7 1 9 7 9 1 9 8 1 1 9 8 3 1 9 8 5 1 9 8 7 1 9 8 9 * N u m b er o f m u rd er s p er 1 0 0 ,0 0 0 p eo p le Male Female The homicide rate for coloureds has almost always been higher than other race groups, exceeding 60 murders per 100,000 since 1980 (Figure 1). No 7 MARCH 200410 THOMSON Figure 1: Homicide rate in South Africa, 1938–2003 Source: Stats SA * keywords: crime; homicide; rate; south; violence cache: sacq-1050.pdf plain text: sacq-1050.txt item: #49 of 389 id: sacq-1051 author: Frank, Cheryl title: WHAT HAVE WE LEARNED? Social crime prevention in SA: A critical overview date: 2006-03-08 words: 3694 flesch: 53 summary: This article will not engage in any definitional discussions relating to crime prevention vs. reduction but will broadly discuss initiatives intended to both prevent or reduce crime, and will be biased towards developments relating to social crime prevention. Much of this relates to partnerships and co-ordination, structures for crime prevention, and the question of scale of these initiatives.15 Only very limited work of this nature has been undertaken in rural or peri-urban areas.16 Some very useful learning is available on how crime prevention strategies and programmes may be embedded into the operations of local government.17 There is no question that this is a difficult area of work, and generating knowledge here is inextricably tied to development issues in local communities. keywords: africa; crime; government; information; prevention; society; south cache: sacq-1051.pdf plain text: sacq-1051.txt item: #50 of 389 id: sacq-1052 author: Leggett, Ted title: THE FACTS BEHIND THE FIGURES: Crime statistics 2002/3 date: 2006-03-08 words: 2789 flesch: 63 summary: While it is still more of an advocacy piece than a detached analysis of police progress, the report makes a real attempt to explain the causes behind crime trends, an improvement over the submissions of the last two years. This is reassuring because murder is the one form of violent crime that is not heavily under- reported, and it is thus the most reliable indicator of the real violent crime situation. keywords: areas; crime; number; saps; year cache: sacq-1052.pdf plain text: sacq-1052.txt item: #51 of 389 id: sacq-1053 author: Leggett, Ted title: ON THE TUK-TUK EXPRESS: Has methamphetamine hit the Cape Flats? date: 2006-03-08 words: 1640 flesch: 72 summary: No 6 DECEMBER 2003 34 LEGGETT three meth patients in treatment in Cape Town, out of over 1,600 in rehab for drug addiction. South African clubbing youth have a taste for speedy drugs, and the international market in MDMA has not been consistent. keywords: cape; crystal; drug; methamphetamine; tuk cache: sacq-1053.pdf plain text: sacq-1053.txt item: #52 of 389 id: sacq-1054 author: Tshehla, Boyane title: BARRICADED IN THE SUBURBS: Private security via road closures date: 2006-03-08 words: 2672 flesch: 58 summary: But on 22 July 2003 – five days after the deadline – it was estimated that only 300 applications had been received.6 Gauteng, which leads the other provinces in its number of gated communities, has a clear policy on this subject, spelled out in the Rationalisation of Local Government Affairs Act, 10 of 1998. While this initiative by the Gauteng Province is welcome – notwithstanding the teething problems – there are a number of issues that remain unresolved in the oft- heated debate on the appropriateness or otherwise of gated communities. keywords: closures; communities; crime; road; security; south cache: sacq-1054.pdf plain text: sacq-1054.txt item: #53 of 389 id: sacq-1055 author: Maroga, Millicent title: TWO SIDES OF THE SAME COIN? Sector policing and community policing forums date: 2006-03-08 words: 2064 flesch: 45 summary: The answer can be found in the following statement made at a Johannesburg CPF Area Board workshop on sector policing in 2003: “Sector policing is not intended to replace the community policing forum, In its efforts to address crime the South African Police Service is increasingly focused on the implementation of sector policing. keywords: crime; police; policing; sector cache: sacq-1055.pdf plain text: sacq-1055.txt item: #54 of 389 id: sacq-1056 author: Mistry, Duxita; Minnaar, Anthony title: DECLARED UNFIT TO OWN A FIREARM: Are the courts playing a role? date: 2006-03-08 words: 3592 flesch: 55 summary: These concerns should be read in the context of high levels of crime and the assertion of magistrates that 99% of regional court cases involve serious violent crime – and, moreover, that the majority of the accused who appear before such magistrates are in fact unlicensed firearm holders. Magistrates attributed the failure to do so to two factors namely, the prosecutor’s lack of experience and the fact that they do not regard it as their duty to warn magistrates of such a declaration. keywords: declaration; firearm; magistrates; order; person cache: sacq-1056.pdf plain text: sacq-1056.txt item: #55 of 389 id: sacq-1057 author: Mistry, Duxita title: PLOUGHING IN RESOURCES: The investigation of farm attacks date: 2006-03-08 words: 3727 flesch: 60 summary: Farm attacks have been accorded the status of a ‘priority crime’. This means that organised agriculture, representatives of the South African National Defence Force (SANDF) and the South African Police Service (SAPS) meet regularly to plan, co-ordinate, execute and integrate strategies to reduce the incidence of farm attacks. keywords: attacks; crime; farm; farm attacks; members; tracking; unit cache: sacq-1057.pdf plain text: sacq-1057.txt item: #56 of 389 id: sacq-1058 author: Schönteich, Martin title: A BLEAK OUTLOOK: HIV/AIDS and the South African Police Service date: 2006-03-08 words: 3330 flesch: 51 summary: Among male population groups studied, military and police in many countries generally report higher levels of HIV/AIDS infection than the national average.6 SA CRIME QUARTERLY No 5 SEPTEMBER 2003 3SCHÖNTEICH In South Africa police officers may spend lengthy periods away from home on special duties. Based on the impact study, the SAPS’ strategic plan makes some alarming predictions about expected police HIV prevalence levels in 2015: keywords: aids; crime; hiv; officers; police; saps; south cache: sacq-1058.pdf plain text: sacq-1058.txt item: #57 of 389 id: sacq-1059 author: Kynoch, Gary title: APARTHEID NOSTALGIA: Personal security concerns in South African townships date: 2006-03-08 words: 2434 flesch: 65 summary: The SAP ensured that people were protected. can hardly open a newspaper without reading about police taking bribes from criminals... Corrupt police complain about earning a meagre salary so they take bribes. The police did not protect black people against any crime. keywords: apartheid; crime; criminals; people; police cache: sacq-1059.pdf plain text: sacq-1059.txt item: #58 of 389 id: sacq-1060 author: Leggett, Ted title: THE SIEVE EFFECT : South Africa’s conviction rates in perspective date: 2006-03-08 words: 2475 flesch: 57 summary: Internationally, the majority of reported cases never result in the identification or arrest of a suspect, Ted Leggett, Institute for Security Studies ted@iss.co.za THE SIEVE EFFECT South Africa’s conviction rates in perspective Figures that suggest that only six out of every 100 violent crimes recorded by the South African Police Service result in a conviction are cause for concern. During the course of investigation, many cases will be determined to be something other than what they appeared at the time of reporting, and some will turn out not to be criminal matters at all. keywords: cases; crime; police; south cache: sacq-1060.pdf plain text: sacq-1060.txt item: #59 of 389 id: sacq-1062 author: Burton, Patrick title: MAKING THEIR MARK: Perceptions and experience of policing in Meadowlands date: 2006-03-08 words: 3343 flesch: 52 summary: Questions such as these are addressed in some service delivery studies undertaken at police stations, but were unfortunately not explored in the Meadowlands victim survey. Analysts have argued for a greater involvement of volunteers and community members in frontline clerical and support positions in the client service centres in police stations. keywords: community; crime; meadowlands; perceptions; police; public cache: sacq-1062.pdf plain text: sacq-1062.txt item: #60 of 389 id: sacq-1063 author: Masuku, Sibusiso title: FINDING LOCAL SOLUTIONS: Crime prevention in the Nelson Mandela Metro date: 2006-03-08 words: 3072 flesch: 54 summary: A victim survey and analysis of police crime statistics conducted by the ISS indicate that there are high rates of property crime, violent crime and robbery in the metro. Comparisons are even more difficult when the dates Figure 2: Percentage of people who said they were victims of crime in each of the police station areas in NMMM, 1998 - 2002 Source: ISS Nelson Mandela Metro victim survey, 2002 0 10Kinkelbos 19Despatch 25KwaNobuhle 26Bethelsdorp 26KwaDwesi 27New Brighton 28Gelvandale 28Total 30Algoa Park 30Kamesh 30Kabega Park 30Walmer 31KwaZakhele 32Humewood 32Uitenhage 32Motherwell 34Swartkops 34Mount Road 5 10 15 20 25 30 35 % of victims of the survey and police crime statistics do not correlate. keywords: crime; nelson; police; robbery; survey; victim cache: sacq-1063.pdf plain text: sacq-1063.txt item: #61 of 389 id: sacq-1064 author: Leggett, Ted title: SAVE OUR COPS: Preventing police killings date: 2006-03-08 words: 2336 flesch: 67 summary: Commissioner Selebi argues convincingly that since only 20-25% of the victims had their guns taken, this cannot be the primary reason people are attacking police members. Conclusion All evidence indicates that there is no single reason why police members are killed in the numbers they are in this country. keywords: duty; force; members; police; use cache: sacq-1064.pdf plain text: sacq-1064.txt item: #62 of 389 id: sacq-1065 author: Newham, Gareth; Gomomo, Lulama title: BAD COPS GET A BREAK: The closure of the SAPS Anti-Corruption Anti-Corruption Unit date: 2006-03-08 words: 2858 flesch: 40 summary: As a result, police corruption undermines the rule of law, and, moreover, becomes a direct threat to the consolidation of democracy in transitional societies such as South Africa. In any country the problem of police corruption is typically influenced by a large number of cultural, institutional and environmental factors. keywords: acu; corruption; crime; police; saps; unit cache: sacq-1065.pdf plain text: sacq-1065.txt item: #63 of 389 id: sacq-1066 author: Gear, Sasha; Ngubeni, Kindiza title: YOUR BROTHER, MY WIFE: Sex and gender behind bars date: 2006-03-08 words: 3710 flesch: 53 summary: By both penetrating and receiving, the people doing ushintsha ipondo are breaking the rules of prison sex. A potentially vast range of circumstances surround prison sex, which after all, involves numerous and diverse individuals and takes place in different prison contexts. keywords: gang; prison; sex; violence; wives; woman cache: sacq-1066.pdf plain text: sacq-1066.txt item: #64 of 389 id: sacq-1067 author: Redpath, Jean title: SOUTH AFRICA’S HEART OF DARKNESS: Sex crimes and child offenders : some trends date: 2006-03-08 words: 4806 flesch: 57 summary: Calculating the actual incidence of child sex offenders is difficult, but some data suggests that children might be responsible for a significant proportion of sexual crimes committed against other children. Given the concerns raised by statistics such as these, the Children’s Rights Project of the Community Law Centre at the University of the Western Cape commissioned a research project to further understand the trends with regards to arrest, custody and reporting in respect of child sex offenders. keywords: age; arrests; cape; children; offences; western cache: sacq-1067.pdf plain text: sacq-1067.txt item: #65 of 389 id: sacq-1068 author: Bruce, David title: GRIPES OR GRIEVANCES? What the Independent Complaints Directorate statistics tell us (or not) date: 2006-03-08 words: 3238 flesch: 55 summary: As indicated in Table 2, deaths as a result of police action have consistently made up roughly 50% of ICD cases relating to the use or misuse of force by police. ICD statistics cannot therefore be used as indicators of overall levels of police brutality. keywords: cases; complaints; deaths; icd; police cache: sacq-1068.pdf plain text: sacq-1068.txt item: #66 of 389 id: sacq-1069 author: Minnaar, Anthony; Mistry, Duxita title: UNFIT TO OWN A FIREARM? The role of the police in firearm control date: 2006-03-08 words: 3374 flesch: 56 summary: This would include when s11 hearings were held (other than the circumstances prescribed by the provisions of the Arms and Ammunition Act), whether or not police consulted the Occurrence Book for potential s11 hearings, and the problems encountered with respect to s11. In some places police admitted that this was not being done despite being aware of internal instructions pertaining to s11 hearings (the SAPS have internal guidelines that prescribe when s11 hearings should be instituted). keywords: firearm; hearing; person; police; s11 cache: sacq-1069.pdf plain text: sacq-1069.txt item: #67 of 389 id: sacq-1070 author: Schönteich, Martin title: THE WHITE RIGHT: A threat to South Africa’s internal security? date: 2006-03-08 words: 2350 flesch: 56 summary: Some try to withdraw from the realities of the new South Africa by moving into gated communities. In South Africa a small group of right-wing saboteurs will be difficult to apprehend if they are viewed sympathetically by Afrikaners in general. keywords: africa; boeremag; police; right; south; white cache: sacq-1070.pdf plain text: sacq-1070.txt item: #68 of 389 id: sacq-1071 author: Andersson, Neil; Mhatre, Sharmila title: DO UNTO OTHERS – AND PAY THE PRICE: Combating sexual violence in the south of Johannesburg date: 2006-03-08 words: 2628 flesch: 57 summary: Convictions in sexual violence cases, as a proportion of all reported cases from 1997 to 1999, ranged from less than 1,5% in the informal settlement of Orange Farm, to 12% in Jabulani and 11% in Orlando (Soweto). White and black, male and female, and children and adults are the victims of sexual violence as frustrations and feelings of inadequacy are vented in what has been called a sexualised culture of violence.1 CIET’s three-year social audit, conducted at the request of the Southern Metropolitan Local Council (SMLC) of Johannesburg, produced the largest and most detailed information base on sexual violence in the country as yet. keywords: case; police; rape; system; violence; women cache: sacq-1071.pdf plain text: sacq-1071.txt item: #69 of 389 id: sacq-1072 author: van Niekerk, Joan title: FAILING OUR FUTURE: Responding to the sexual abuse of children date: 2006-03-08 words: 3536 flesch: 47 summary: • Some families or caretakers of abused children believe that reporting to the criminal justice T he publicity around the rape of baby Tsepeng in Upington highlighted for government and South Africans in general a problem that workers in the field of child abuse – particularly sexual assault of children – had been attempting to draw attention to for some time: the increased incidence of reported child sexual abuse, and the declining average age of the sexually abused child. Other studies that attempt to measure the prevalence and incidence of child sexual assault will also be limited by the above factors. keywords: abuse; assault; children; families; family; rape; system cache: sacq-1072.pdf plain text: sacq-1072.txt item: #70 of 389 id: sacq-1073 author: Masuku, Sibusiso title: FOR BETTER AND FOR WORSE: South African crime trends in 2002 date: 2006-03-08 words: 3472 flesch: 61 summary: This structure does not greatly affect the recording of crime figures, but could impact on SAPS planning and operations. When comparing crime figures of April 2001 to March 2002 with that of the same period in 1994/95, the number of crimes increased by 20%. keywords: cape; cases; crime; murder; police cache: sacq-1073.pdf plain text: sacq-1073.txt item: #71 of 389 id: sacq-1074 author: Leggett, Ted title: SEARCH ME: Public opinion on crime and justice in central Johannesburg date: 2006-03-08 words: 2323 flesch: 63 summary: Over 80% of those polled said they would be open to the idea of police searching their homes once a month if this would reduce crime. No 3 MARCH 2003 25 Ted Leggett, Institute for Security Studies ted@iss.co.za SEARCH ME Public opinion on crime and justice in central Johannesburg A poll of inner-city residents indicates that many are willing to permit substantial curtailment of civil rights if necessary to make the area safe. keywords: area; crime; night; people; police cache: sacq-1074.pdf plain text: sacq-1074.txt item: #72 of 389 id: sacq-1075 author: Schönteich, Martin title: NPA IN THE DOCK: Thumbs up for the prosecution service date: 2006-03-08 words: 2125 flesch: 55 summary: Court users’ perceptions A second aspect of the survey gauged the opinions of court users: people who interacted with the prosecution service as state witnesses or crime victims. Interestingly, the opinions of court users were more positive about the work of the NPA compared to people who had not used the courts. keywords: court; crime; respondents cache: sacq-1075.pdf plain text: sacq-1075.txt item: #73 of 389 id: sacq-1076 author: Sekhonyane, Makubetse title: THE PROS AND THE CONS: Public-private partnerships (PPP) in South African prisons date: 2006-03-08 words: 2265 flesch: 50 summary: These two sites are seen as pilot projects and will determine whether government will decide to build more private prisons or renegotiate present contracts.3 What is prison privatisation? Strictly speaking, the term privatisation in this context is a misnomer, since it suggests private sector financing and ownership of infrastructure traditionally financed and owned by the public sector.4 The objective of the task team was to understand the existing PPP contracts in order to: • establish a sound basis for their management; • identify areas of renegotiation; and • establish a framework for decision-making processes for future prisons.9 Among other things, the task team found that, although private prisons delivered according to DCS specifications, these specifications were too high. keywords: dcs; prisons; public; services; south cache: sacq-1076.pdf plain text: sacq-1076.txt item: #74 of 389 id: sacq-1077 author: Pelser, Eric; Louw, Antoinette title: WHERE DID WE GO WRONG? A critical assessment of crime prevention date: 2006-03-08 words: 2055 flesch: 48 summary: Given this, the implementation of crime prevention policy in South Africa has not had a promising start. Thus, while crime prevention policy advocates an integrated approach, the way in which government operates inhibits the implementation of joint activities. keywords: crime; departments; government; policy; prevention cache: sacq-1077.pdf plain text: sacq-1077.txt item: #75 of 389 id: sacq-1078 author: Masuku, Sibusiso title: PREVENTION IS BETTER THAN CURE: Addressing violent crime in South Africa date: 2006-03-08 words: 3988 flesch: 54 summary: It is this high level of violent crime that sets South Africa apart from other crime-ridden societies. Impact of high levels of violence Victim surveys generally show that violent crimes are of major concern to the public.2 keywords: crime; figure; march; murder; police; south cache: sacq-1078.pdf plain text: sacq-1078.txt item: #76 of 389 id: sacq-1079 author: Bruce, David title: STOPPING COP KILLING: Lessons and limitations of South African research date: 2006-03-08 words: 3180 flesch: 53 summary: While the majority of police killings are deliberate and unlawful, and may therefore be classified as murders, the recorded killings appear to include incidents where police officers have been the antagonists, and were killed in disputes – in bars, or in domestic or recreational disputes, or even while committing crimes. But while this may be a contributing factor, research has not shown that this is a prominent motive for police killings. keywords: duty; killings; members; police; south cache: sacq-1079.pdf plain text: sacq-1079.txt item: #77 of 389 id: sacq-1080 author: Leggett, Ted title: A DEN OF INIQUITY? Inside Hillbrow’s residential hotels date: 2006-03-08 words: 2309 flesch: 57 summary: These are also discussed below.2 Snapshot of residential hotel life When asked why they chose to reside in a residential hotel, most residents mentioned factors related to Ted Leggett, Institute for Security Studies ted@iss.co.za A DEN OF INIQUITY? Inside Hillbrow’s residential hotels Hillbrow’s sleazy hotels are notorious crime hotspots. While this might sound like a tiny sample, there are a limited number of residential hotels in Hillbrow, an area with an official population estimate of just over 80,000. keywords: crime; hillbrow; hotels; residents; south cache: sacq-1080.pdf plain text: sacq-1080.txt item: #78 of 389 id: sacq-1081 author: Goyer, KC title: PRISON HEALTH IS PUBLIC HEALTH: HIV/AIDS and the case for prison reform date: 2006-03-08 words: 2211 flesch: 51 summary: The challenge presented by HIV in prison has as much to do with improving prison conditions as with specifically addressing HIV and its attendant health concerns. Concern should therefore not only be directed at the risk of HIV transmission in prisons, but also at the potential impact of prisoners on HIV transmission outside of prison. keywords: hiv; prison; risk; transmission cache: sacq-1081.pdf plain text: sacq-1081.txt item: #79 of 389 id: sacq-1082 author: Sekhonyane, Makubetse title: SHOWING ITS TEETH: The Jali Commission on prison corruption date: 2006-03-08 words: 2433 flesch: 49 summary: The Jali Commission on prison corruption Some regard the Jali Commission as another expensive exercise aimed at making recommendations that have little effect. To many South Africans, the Grootvlei video on prison corruption televised nationally this year, was the beginning of a revelation. keywords: commission; corruption; dcs; jali; management cache: sacq-1082.pdf plain text: sacq-1082.txt item: #80 of 389 id: sacq-1083 author: Altbeker, Antony title: A MODEL FOR JUSTICE DELIVERY? The Specialised Commercial Crime Court date: 2006-03-08 words: 2006 flesch: 46 summary: In addition, the research suggests that it is impossible to quantify the extent to which this court is more effective and more efficient than other courts, given the inadequacy of the available data and the fact that its case profile differs dramatically from those of other courts. The statistics that are available suggest that, much like other regional courts, the Specialised Commercial Crime Court will close about nine or ten cases per magistrate per month. keywords: court; crime; specialised cache: sacq-1083.pdf plain text: sacq-1083.txt item: #81 of 389 id: sacq-1084 author: Leggett, Ted title: IMPROVED CRIME REPORTING: Is South Africa’s crime wave a statistical illusion? date: 2006-03-08 words: 1680 flesch: 51 summary: This is because crime rates rely on members of the public reporting crime, and the police recording it. The extent to which reporting rates can affect crime rates is illustrated in the following counterintuitive examples from the United Nations Development Programme statistics: Canada has the second highest rate of recorded rape in the world (267 per 100 000), second only to Estonia in the UNDP statistics. keywords: crime; police; rates; south cache: sacq-1084.pdf plain text: sacq-1084.txt item: #82 of 389 id: sacq-1085 author: Leggett, Ted title: EVERYONE’S AN INSPECTOR: The crisis of rank inflation and the decline of visible policing date: 2006-03-08 words: 1801 flesch: 58 summary: But the capacity of the police to train this number of new members is dubious. A radical rethink of the organisation is needed to optimise member strength on the streets. keywords: members; police; rank; south cache: sacq-1085.pdf plain text: sacq-1085.txt item: #83 of 389 id: sacq-1086 author: Maepa, Traggy title: HOW MUCH MIGHT IS RIGHT? Application of Section 49 of the Criminal Procedure Act date: 2006-03-08 words: 2100 flesch: 58 summary: This article comments on the reasons for the delays around the passing of the bill into law and considers the outcome of some court cases that involve the use of lethal force in particular and other kinds of force in general. In a country with the highest murder rate in the world, resolving the question of when lethal force can legitimately be used, should be a priority. keywords: force; police; section; use cache: sacq-1086.pdf plain text: sacq-1086.txt item: #84 of 389 id: sacq-1087 author: Meek, Sarah title: GETTING A GRIP ON GUNS: Rolling out the Firearms Control Act date: 2006-03-08 words: 1679 flesch: 56 summary: What the new Act does The Firearms Control Act is part of a co-ordinated government response to dealing with firearms in South Africa. The annual report of the National Injury Mortality Surveillance System (NIMSS) for 2000 found that death caused by firearms is higher in South Africa than death occurring through road traffic accidents or any other external cause of non-natural death. keywords: act; firearms; south; weapons cache: sacq-1087.pdf plain text: sacq-1087.txt item: #85 of 389 id: sacq-1088 author: Schönteich, Martin title: 2001 CRIME TRENDS: A turning point? date: 2006-03-08 words: 1933 flesch: 60 summary: In the January-September period between 1994 and 2001 the number of recorded violent crimes increased by 36%, more than any other crime category (Figure 3). A turning point? Martin Schönteich Institute for Security Studies Published in SA Crime Quarterly No 1, July 2002 Between 1997 and 2000 there was a steady increase in the annual number of recorded crimes. keywords: cape; crime; rate cache: sacq-1088.pdf plain text: sacq-1088.txt item: #86 of 389 id: sacq-1089 author: Sekhonyane, Makubetse title: EMERGENCY MEASURES: Early releases to alleviate prison overcrowding date: 2006-03-08 words: 1355 flesch: 54 summary: Figure 2: Duration of prison sentences, 1995-99 It follows that even more people will be incarcerated – which in turn will necessitate the building of more prisons, a solution that has so far proven inadequate. keywords: overcrowding; prison; prisoners cache: sacq-1089.pdf plain text: sacq-1089.txt item: #87 of 389 id: sacq-11092 author: Ally, Nurina; Beere, Robyn; Moult, Kelley title: Red flags: Disciplinary practices and ‘school-to-prison’ pathways in South Africa date: 2021-11-03 words: 6868 flesch: 40 summary: It also operates indirectly through punitive school discipline policies that may result in suspension from school or periods of confinement at diversionary facilities.41 Although there has been little scholarly attention to the link between disciplinary measures at school and criminal justice interaction in South Africa, other jurisdictions have shown that punitive and exclusionary measures can further marginalise children.42 Learners who are removed from schools often experience barriers to re- entering school and fall behind academically, especially when they have returned from long suspensions and residential placements. We argue that S v L M highlights the need for restorative and preventative approaches to school discipline, which can transform not only learners and schools but society more broadly. keywords: act; child; children; criminal; discipline; drug; education; justice; learners; prison; school; south cache: sacq-11092.pdf plain text: sacq-11092.txt item: #88 of 389 id: sacq-1148 author: Bruce, David title: GOOD COPS? BAD COPS? Assessing the South African Police Service date: 2007-03-08 words: 3255 flesch: 49 summary: 4) Proper police conduct The principles of integrity, fairness and respect for human rights and dignity that guide the conduct of democratic police, and how police services support and ensure adherence by police officers to these principles. In most countries police services are organised on a provincial or local basis, so although many countries have a greater number of police officers, it is relatively rare to find police organisations that are comparable in size to the SAPS. keywords: africa; assessment; crime; police; policing; saps; south cache: sacq-1148.pdf plain text: sacq-1148.txt item: #89 of 389 id: sacq-1204 author: Mnwana, Sonwabile title: Chief’s justice? Mining, accountability and the law in the Bakgatla-ba-Kgafela Traditional Authority Area date: 2014-03-08 words: 5631 flesch: 50 summary: 14 S Mnwana, Participation and paradoxes: community control of mineral wealth in South Africa’s Royal Bafokeng and Bakgatla Ba Kgafela communities, PhD Thesis, University of Fort Hare, 2012. Other controversial laws that, so far, have been successfully resisted by rural citizens include the Communal Land Rights Act 2004 (Act 11 of 2004)6,7 and the Traditional Courts Bill.8,9 Post-apartheid laws regulating mineral rights, particularly the Minerals and Petroleum Resources Development Act 2002 (Act 28 of 2002, or the MPRDA) and its accompanying regulations, also drive the inclusion of traditional communities in South Africa’s platinum industry. keywords: bakgatla; chief; community; court; kgafela; law; mining; north; pheto; pilane; rural; traditional cache: sacq-1204.pdf plain text: sacq-1204.txt item: #90 of 389 id: sacq-1218 author: Burton, Patrick title: Who is to blame? Crime in Meadowlands,Soweto date: 2006-03-08 words: 3984 flesch: 50 summary: The media throughout South Africa tend to reinforce negative perceptions of crime levels; these in turn contribute towards individuals’ perceptions of the situation nationally and are translated into the areas where they live and work. Firstly, on a macro level, much of the focus has fallen on foreigners as perpetrators of crime, and many have blamed the increase in crime levels on the massive influx of immigrants from across the borders since 1994. keywords: area; crime; johannesburg; levels; meadowlands; south; victims cache: sacq-1218.pdf plain text: sacq-1218.txt item: #91 of 389 id: sacq-12401 author: Maphosa, Ropafadzo title: Progressive or regressive rape case law? Tshabalala v S; Ntuli v S 2020 2 SACR 38 CC date: 2022-11-26 words: 6650 flesch: 49 summary: Tshabalala v S; Ntuli v S 2020 2 SACR 38 CC South African The Constitutional Court’s decision in Tshabalala v S; Ntuli v S 2020 2 SACR 38 CC is undoubtedly a step in the right direction towards rape law reform in South Africa, however, this article challenges the court’s decision to extend the application of the common law doctrine to common law rape. The court’s decision to eliminate the instrumentality approach in rape cases will be discussed in more detail, as this formed the basis for the extension of the common purpose doctrine to common law rape. keywords: court; crime; doctrine; law; law rape; para; rape cache: sacq-12401.pdf plain text: sacq-12401.txt item: #92 of 389 id: sacq-1241 author: Steyn, Jean; Mkhize, Sazelo title: 'Darker shades of blue': A comparison of three decades of South African Police Service culture date: 2016-09-26 words: 5998 flesch: 42 summary: Research on police has emphasised that police culture reflects the identities and sensitivities of police officials. 35 30 25 20 15 10 5 0 SAPS police officials with 10 years of service SAPS police officials with 20 years of service SAPS police officials with 30 years of service Police culture coping theme of solidarity mean score Police culture coping theme of isolation mean score Police culture coping theme of cynicism mean score Figure 1: Mean score comparison of SAPS officials’ attitudes in support of police culture coping solidarity, isolation and cynicism, by years of service 31.29 31.67 30.52 30.88 30.36 24.83 25.45 25.1331.22 23SA Crime QuArterly No. 57 • SePtemBer 2016 SAPS officials with 20 years of service were more likely than those with 30 years of service to agree and strongly agree with the following items: (1) police officials should be better Source Type III sum of squares df keywords: attitudes; culture; cynicism; isolation; officials; police; police culture; police officials; saps; service; solidarity; work; years cache: sacq-1241.pdf plain text: sacq-1241.txt item: #93 of 389 id: sacq-12709 author: Muntingh, Lukas title: Prison protests in South Africa: A conceptual exploration date: 2022-09-27 words: 6649 flesch: 42 summary: CRIME QUARTERLY NO. 71 • 2022 Prison protests in South Africa A conceptual exploration South African This article explores the nature and causes of prisoner protests, looking at it first from a sociological perspective and second, a rights perspective. This article explores the nature and causes of prisoner protests, looking at it first from a sociological perspective and secondly, a rights perspective. keywords: act; administration; case; centre; complaints; correctional; hunger; inmates; prisoners; protests; rights; services; south; treatment cache: sacq-12709.pdf plain text: sacq-12709.txt item: #94 of 389 id: sacq-1273 author: Omar, Jameelah title: Penalised for poverty: The unfair assessment of ‘flight risk’ in bail hearings date: 2016-09-26 words: 4856 flesch: 55 summary: Unfortunately, courts have been known to deny bail by giving undue weight to some factors and ignoring others, including the denial of bail on the basis that a lack of sufficient assets owned by accused persons means that they are likely to be flight risks. Courts have also emphasised that a lack of sufficient assets owned by accused persons may be viewed as an indicator of possible flight. keywords: assets; bail; court; flight; interests; justice; section cache: sacq-1273.pdf plain text: sacq-1273.txt item: #95 of 389 id: sacq-12731 author: Molefi, Ntholeng; Harris, Geoff title: Keeping them out of prison: A restorative justice education intervention with prison inmates in Lesotho date: 2022-10-26 words: 5117 flesch: 44 summary: 2 – 35SA CRIME QUARTERLY NO. 71 • 2022 Keeping them out of prison A restorative justice education intervention with prison inmates in Lesotho South African This research project involved planning and implementing a restorative justice education programme with prison inmates in Lesotho aimed at restoring their self-worth and dignity, and to evaluate its outcomes. It is clear from this summary that PZ programmes 2 – 39SA CRIME QUARTERLY NO. 71 • 2022 connect with most of the objectives of prison- based restorative justice programmes discussed above. keywords: crime; families; family; inmates; justice; lesotho; phoenix; prisoners; programmes; release; restorative cache: sacq-12731.pdf plain text: sacq-12731.txt item: #96 of 389 id: sacq-12857 author: Perkins, Gráinne title: ‘Bad, sad and angry’: Responses of the SAPS leadership to the dangers of policing : Responses of the SAPS Leadership to the Dangers of Policing date: 2022-10-25 words: 7171 flesch: 46 summary: Determining danger To measure how they identified danger, respondents were asked to indicate three reasons why police officers are attacked. Operational readiness also incorporates the idea that officers should undergo continuous professional development and should seek to improve their operational and tactical skills.27 Respondents also noted that many officers were originally trained as soldiers, and transitioned later to become police officers: ‘There are soldiers who crossed to police service, they ignore police training yet this is a different environment’. keywords: african; cape; crime; danger; duty; leadership; members; officers; police; respondents; responses; saps; service; south cache: sacq-12857.pdf plain text: sacq-12857.txt item: #97 of 389 id: sacq-1288 author: Faull, Andrew; Gould, Chandre title: Editorial:New partnerships in publishing and politics date: 2016-06-28 words: 1121 flesch: 43 summary: We believe that the UCT Centre of Criminology’s commitment to advancing policy-relevant research and analysis on public safety, criminal justice and evolving forms of crime in South Africa, and the global South more broadly, complements the SACQ’s objective of contributing balance and objectivity to the discourse on human security in Africa. Political uncertainty has impacted significantly on South Africa’s economic growth forecasts, and for working class and unemployed South Africans the immediate future seems bleak. keywords: article; crime; sacq; south cache: sacq-1288.pdf plain text: sacq-1288.txt item: #98 of 389 id: sacq-1289 author: Faull, Andrew title: On the record: Interview with Phumeza Mlungwana, Social Justice Coalition date: 2016-06-28 words: 3753 flesch: 78 summary: If people don’t want to talk to cops, if their relationship is fraught, if young men continue to feel victimised by police, then having visible police won’t necessarily make things better. We believe police are resisting the implementation of the commission’s recommendations. keywords: crime; khayelitsha; people; police cache: sacq-1289.pdf plain text: sacq-1289.txt item: #99 of 389 id: sacq-12891 author: Richardson, Pascal; Swart, Lu-Anne; Govender, Rajen; Seedat, Mohamed title: Protest injuries: A situational analysis of injurious protests in Gauteng date: 2022-11-03 words: 6696 flesch: 37 summary: Situational context of protest injury in South Africa We found that year of protest was significantly associated with protest injuries, with protest action being less injurious between 2009– 2015, compared to the timeframe preceding it, when controlling for other variables. For example, decreases in recorded incidents between 2006 and 2009 coincide with governance restructuring, which drastically reduced the number of POP units, and correspondingly, protest incidents appear to rise again as POP units increased in anticipation of the FIFA World Cup in 2010.42 Changes in unit mandates and associated crowd-management strategies, particularly leading up to the World Cup, and again after legislative reform and unit restructuring following several high-profile incidences involving POP units and accompanying forces, may account for fluctuations in reported and attended protest events.43 In line with findings elsewhere, the majority of protest action was located in metro areas.44 This may be explained by rapid expansion leading to a growing number of marginalised and under- resourced communities that engage in protest action as a form of political participation to address grievances with service (non)delivery and a lack of employment opportunities.45 The frequency of such protests is representative of chronic dissatisfaction with local government, creating heightened tensions, which occasionally result in injurious outcomes. keywords: action; africa; arrests; events; factors; injuries; injurious; injury; outcomes; police; protest; research; south; violence cache: sacq-12891.pdf plain text: sacq-12891.txt item: #100 of 389 id: sacq-1333 author: Khan, Franaaz title: The constitutionality of detaining persons unfit to stand trial: De Vos NO v Minister of Justice and Constitutional Development date: 2017-03-31 words: 4863 flesch: 46 summary: It further found that it did not allow a presiding officer any discretion in determining whether accused persons ought to be detained, based on whether they were a danger to themselves or to society. The court accepted, however, that the provision operates rationally in respect of accused persons who are likely to inflict harm on themselves or others, or who require care, treatment and rehabilitation.40 It therefore declined to strike the section down in its entirety.41 keywords: accused; court; ibid; para; person; section cache: sacq-1333.pdf plain text: sacq-1333.txt item: #101 of 389 id: sacq-1365 author: van der Spuy, Elrena title: Book Review: Don Pinnock, Gang Town, Cape Town, Tafelberg, 2016. date: 2016-09-26 words: 2695 flesch: 53 summary: he explored the role that Cape Flats gangs played in providing poorly educated, young coloured males with a sense of belonging and purpose in an environment characterised by family dislocation, poverty and violence.2 And, after a 20-year hiatus, Gang town could perhaps be viewed as completing a gang trilogy, a summation and updating of Pinnock’s work on this topic. Prison gangs are almost ubiquitous in the United States (US) and Latin America, the places where the most relevant studies have been undertaken. keywords: book; cape; crime; gangs; pinnock; south; studies; town cache: sacq-1365.pdf plain text: sacq-1365.txt item: #102 of 389 id: sacq-1380 author: Muntingh, Lukas title: The state of South Africa’s prisons - ten years after the Jali Commission date: 2016-12-14 words: 5639 flesch: 38 summary: It is in particular egregious rights violations such as assault and torture that are not thoroughly investigated and thus create a situation of de facto impunity.44 It is indeed a rare occurrence that DCS officials are criminally prosecuted for human rights violations perpetrated against prisoners. 22 Jali Commission, Final report, 393. 23 DCS, Policy to address sexual abuse of inmates in DCS facilities, 2011. keywords: commission; dcs; department; jali; paper; remand; report; rights; services; south; white cache: sacq-1380.pdf plain text: sacq-1380.txt item: #103 of 389 id: sacq-1406 author: Nanima, Robert Doya title: Barnard v Minister of Justice: the minister’s verdict - Deciding on parole for offenders serving life sentences date: 2017-03-31 words: 4565 flesch: 42 summary: However, scholars such as Julia Sloth- Nielsen held the view that the current parole system fell short of these principles, and argued 21SA Crime QuArterly No. 59 • mArCh 2017 that the decision to let the minister decide parole terms contravened the rule of law.18 The South African Human Rights Commission was of the opinion that to give the minister the power to decide on parole in cases of life imprisonment would be problematic, as it was a judicial role.19 The committee nevertheless adopted the amendment, which gave the minister the discretion to decide parole terms under Section 78 of the CSAA. With regard to declining parole, a clear framework is key to upholding the roles of the executive, legislature and judiciary in this administrative process. keywords: administrative; barnard; decision; minister; offender; parole; section; services cache: sacq-1406.pdf plain text: sacq-1406.txt item: #104 of 389 id: sacq-1428 author: du Plessis, Anton; Maunganidze, Ottilia title: Interview with Shaun Abrahams, National Director of Public Prosecutions date: 2016-09-26 words: 4165 flesch: 70 summary: But is it appropriate for the NDPP, who is the final arbiter in the NPA, to actually lead a prosecution or argument? The NPA is represented on the National Efficiency Enhancement Committee (NEEC), which is chaired by the chief justice at national level, and we are similarly represented at provincial level by the directors of public prosecutions in the Provincial Efficiency Enhancement Committee (PEEC), where issues of service delivery in the justice system are discussed, and we try to address the challenges to deliver a more efficient justice system to our citizens. keywords: court; matters; npa; people; public cache: sacq-1428.pdf plain text: sacq-1428.txt item: #105 of 389 id: sacq-1442 author: Faull, Andrew title: Politics, democracy and the machinery of the state date: 2016-09-26 words: 1610 flesch: 54 summary: Under President Jacob Zuma, ‘Brand ANC’ has been muddied and bloodied, taking the ANC in Gauteng down with it. In response, ANC stalwarts, including George Bizos, Trevor Manuel and Sipho Pityana, called for the president to intervene, while Pityana went as far as calling on Zuma to step down. keywords: africa; anc; opposition; power; south cache: sacq-1442.pdf plain text: sacq-1442.txt item: #106 of 389 id: sacq-1508 author: Bruce, David title: Public Order Transparency - Using freedom of information laws to analyse the policing of protest date: 2016-12-14 words: 6446 flesch: 44 summary: One argument in support of police transparency is that sharing information with the public may lead to ‘police data being analysed in new ways’, leading to insights that were not previously available.51 A further argument is that sharing information can build familiarity and trust in communities, and promote organisational legitimacy.52 However, according to US security expert Brian Jackson, ‘making more data available to the public is a strategy for improving police-public trust’. This work shows that the only way to systematically distinguish protest incidents from other incidents on IRIS is through analysis of these notes. keywords: data; incidents; information; police; policing; protest; public; records; requests; saps; september; south cache: sacq-1508.pdf plain text: sacq-1508.txt item: #107 of 389 id: sacq-1513 author: Alexander, Peter; Runciman, Carin; Maruping, Boitumelo title: South Africa's Incident Registration Information System (IRIS): Its use and abuse in protest analysis date: 2016-12-14 words: 6299 flesch: 57 summary: Disturbed by the way that statistics were being used to criminalise non-violent protests and campaign for increased funding, we exposed the matter for public consideration, and were damned by the SAPS for doing so.4 This article arose out of our attempt to make sense of an enormous amount of IRIS data on crowd incidents. IRIS exists to assist POP, and they are required to record crowd management incidents, not protests. keywords: crowd; data; incidents; iris; management; police; protests; public; saps; unrest cache: sacq-1513.pdf plain text: sacq-1513.txt item: #108 of 389 id: sacq-154 author: Wheeler, Joanna S title: Pervasive, but not politicised: everyday violence, local rule and party popularity in a township in Cape Town date: 2016-04-05 words: 6505 flesch: 46 summary: While this has weakened state patronage to local Imizamo Yethu leaders through the party, it has not necessarily weakened the popularity of the ANC. The second is that violence is central to maintaining local rule – but in Imizamo Yethu leaders have seldom used coercion. keywords: cohesion; community; imizamo; imizamo yethu; leaders; residents; rule; sanco; south; state; taxi; violence; yethu cache: sacq-154.pdf plain text: sacq-154.txt item: #109 of 389 id: sacq-1547 author: Jabar, Ardil; Matzopoulos, Richard title: Violence and injury observatories: Reducing the burden of injury in high-risk communities date: 2017-03-31 words: 4798 flesch: 15 summary: With other colleagues, in 2015 we published the first systemic review protocol to investigate the effectiveness of observatories in reducing violence, ‘Effectiveness of violence and injury observatories in reducing violence in an adult population’.67 This systematic review will seek to summarise the evidence from existing studies on the contribution of violence and injury observatories to violence prevention in adult populations. keywords: africa; crime; data; health; ibid; information; injury; observatories; observatory; public; south; surveillance; violence cache: sacq-1547.pdf plain text: sacq-1547.txt item: #110 of 389 id: sacq-1566 author: Arwui, Cyrus Cyril; Tshivhase, Victor; Nchodu, Rudolph title: Planning for nuclear security: Design Basis Threats and physical protection systems date: 2017-09-29 words: 4818 flesch: 45 summary: The conspiracy between individuals in the facility and outsiders may entail access to and detailed knowledge of nuclear power plants or other nuclear facilities, and/or items that could facilitate theft of nuclear materials – for example, small tools, false documents, facility keys and pass codes and substitute nuclear material. Cyrus Cyril Arwui, Victor Tshivhase and Rudolph Nchodu* c.arwui@gnra.org.gh Victor.Tshivhase@nwu.ac.za nchodu@tlabs.ac.za http://dx.doi.org/10.17159/2413-3108/2017/i61a1566 A Design Basis Threat (DBT) describes the summary of attributes and characteristics of potential insider and/or external lawbreakers, who might attempt sabotage or the unauthorised removal of nuclear or radioactive material, against which a physical protection system (PPS) should be designed.1 Development of a DBT is important because it enables nuclear facility operators to protect and secure nuclear and other radioactive materials with associated facilities and activities. keywords: centre; crime; dbt; facility; lawbreakers; protection; robbery; security; threat; town cache: sacq-1566.pdf plain text: sacq-1566.txt item: #111 of 389 id: sacq-159 author: Langa, Malose; Masuku, Themba; Bruce, David; van der Merwe, Hugo title: Facilitating or hindering social cohesion? The impact of the Community Work Programme in selected South African townships date: 2016-04-05 words: 4983 flesch: 51 summary: CWP participants are seen as an invaluable resource, especially in communities where people do not have access to basic social and welfare services. For example, interviewees noted that if a CWP member or indigent community member dies, CWP participants provide support to the bereaved family by cleaning their house and the yard, digging the grave for burial, contributing money if the family cannot afford to arrange the funeral, and connecting such a family with the relevant social and welfare services. keywords: africa; cohesion; community; crime; cwp; participants; people; social; south; violence; work cache: sacq-159.pdf plain text: sacq-159.txt item: #112 of 389 id: sacq-1657 author: Faull, Andrew title: The end of the year, the end of an era date: 2016-12-14 words: 3017 flesch: 53 summary: Editorial The end of the year, the end of an era In the three months since the publication of South African Crime Quarterly (SACQ) 57, South Africa’s tertiary education, prosecutorial and political landscapes have been shaken, perhaps irrecoverably. This is a huge achievement, which significantly raises the status and profile of the journal, and provides real incentives for South Africa-based academics to publish in SACQ. keywords: abrahams; africa; crime; end; research; sacq; south; university; zuma cache: sacq-1657.pdf plain text: sacq-1657.txt item: #113 of 389 id: sacq-1659 author: Broster, Phillip title: Book Review: The Spirit of Marikana: The Rise of Insurgent Trade Unionism in South Africa by Luke Sinwell with Siphiwe Mbatha date: 2016-12-14 words: 2340 flesch: 51 summary: However, in describing the emergence and influence of independent worker committees, the second major union, the Association of Mineworkers and Construction Union (AMCU), and the manner in which workers demanded their collective voice be their mandate rather than being dictated to by their union, the book serves as a possible counter-example to the ‘iron’ law. Rather, worker unity was strengthened by the widespread public condemnation of the massacre, as well as by the arrival in Marikana of several left-wing groups, the Democratic Left Front (DLF) and others, to support the post-massacre worker struggles. keywords: amcu; book; marikana; south; workers cache: sacq-1659.pdf plain text: sacq-1659.txt item: #114 of 389 id: sacq-172 author: Barolsky, Vanessa Emma title: Is social cohesion relevant to a city in the global south? A case study of Khayelitsha date: 2016-06-27 words: 9194 flesch: 41 summary: 11 J Jensen, Mapping social cohesion: the state of Canadian research, Canadian Policy Research Network (CPRN), Study No. F/03, 1998; P Bernard, Social cohesion: a critique, CPRN, Discussion Paper No. F/09, 1999; A Kearns and R Forrest, Social cohesion and multi-level urban governance, Urban Studies, 37, 2000, 995–1017. 12 Chipkin and Ngqulunga, Friends and family; E Balibar, Outlines of a topography of cruelty: citizenship and civility in the era of global violence, Constellations, 8:1, 2001, 15–29. 13 Sampson, Raudenbush and Earls, Neighborhoods and violent crime, 918. The aim of this article is to understand urban violence in South Africa in the context of local and international engagements, with the concept of social cohesion and collective efficacy as factors that can potentially The concept of social cohesion is increasingly being utilised in local and international policy discourse and scholarship. keywords: africa; cohesion; community; crime; development; focus; forms; group; khayelitsha; prevention; research; social; south; traders; transcript; violence; vpuu cache: sacq-172.pdf plain text: sacq-172.txt item: #115 of 389 id: sacq-1724 author: Biegus, Olga; Bueger, Christian title: Poachers, Pirates and Wildlife Crime: Improving coordination of the global response date: 2017-06-23 words: 4475 flesch: 40 summary: Poachers and pirates Improving coordination of the global response to wildlife crime Olga Biegus and Christian Bueger* olgabiegus@gmail.com BuegerCM@cardiff.ac.uk http://dx.doi.org/10.17159/2413-3108/2017/i60a1724 In January 2017 several new decisions and resolutions on wildlife crime entered into force.1 The decision was a reaction to the dramatic rise in poaching and wildlife trafficking in recent years.2 The new CITES resolutions confirm that poaching and wildlife trafficking should be considered as a form of transnational This article aims to identify how the global response to wildlife crime can be improved and what role South Africa might play in it. keywords: africa; cites; crime; law; piracy; poaching; response; security; wildlife; wildlife crime cache: sacq-1724.pdf plain text: sacq-1724.txt item: #116 of 389 id: sacq-1725 author: White, Rob; Pink, Grant title: Organising Responses to Organised Environmental Crimes: Collaborative Approaches and Building Capacity date: 2017-06-23 words: 4371 flesch: 26 summary: The article begins by examining the challenges associated with organised criminal networks and transnational crimes for environmental law enforcement agencies. The aim of this article is to discuss the ways in which collaboration and a coordinated approach to dealing with criminal groups involved in environmental crime can be established and bolstered. keywords: agencies; collaboration; crime; enforcement; environmental; international; law; national; networks; wildlife cache: sacq-1725.pdf plain text: sacq-1725.txt item: #117 of 389 id: sacq-1726 author: Mkhize, Mbekezeli Comfort title: New interventions and sustainable solutions: Reappraising illegal artisanal mining in South Africa date: 2017-09-29 words: 4775 flesch: 36 summary: 43 Chamber of Mines, Illegal mining in South Africa: fact sheet, 2. 44 Banchirigah, Challenges with eradicating illegal mining in Ghana. 67SA CRIME QUARTERLY NO. 61 • SEPTEMBER 2017 New interventions and sustainable solutions Reappraising illegal artisanal mining in South Africa Despite its contribution to the South African economy, the South African mining industry is plagued by illegal artisanal mining (IAM). keywords: africa; artisanal; development; governance; iam; iams; ibid; mines; mining; scale; scale mining; south; south africa cache: sacq-1726.pdf plain text: sacq-1726.txt item: #118 of 389 id: sacq-1728 author: Griffiths, Megan Laura title: Heritage Lost:The cultural impact of wildlife crime in South Africa date: 2017-06-23 words: 3369 flesch: 43 summary: My opinion, however, is that South Africa’s wildlife heritage belongs to all its citizens and that if it were accessible to everyone – as it should be – more people would feel aggrieved by wildlife crime. It is speculated that tourists may become reluctant to visit the country due to the violence involved in poaching incidents, which may consequently exacerbate socio-economic problems, such as unemployment.11 Wildlife trafficking also serves to open the door to other types of transnational organised crimes, such as weapons smuggling.12 Understandably, rhino poaching in South Africa has drawn worldwide attention and criticism, which has been made more notable with the advent and widespread use of social media.13 The violence and brutality exercised by poachers in the killing of animals has resulted in feelings of sadness, despair and anger for some South African citizens, who fear the imminent extinction of species such as the rhino.14 The case for cultural victimisation The intense emotions experienced by some South Africans when faced with images of mutilated and/or dead rhino, lead some people to outrage. keywords: africa; africans; animals; people; poaching; rhino; south; wildlife cache: sacq-1728.pdf plain text: sacq-1728.txt item: #119 of 389 id: sacq-1732 author: Massé, Francis; Gardiner, Alan; Lubilo, Rodgers; Themba, Martha title: Inclusive Anti-poaching? Exploring the Potential and Challenges of Community-based Anti-Poaching date: 2017-06-23 words: 5108 flesch: 43 summary: Like anti-poaching rangers across sub-Saharan Africa, community scouts are at risk from poachers and the syndicates they are a part of. Part of a broader vision of developing a locally owned wildlife economy, the programme employs people from villages in the Mangalane area as community scouts. keywords: communities; community; conservation; people; poaching; rhino; scouts; sgp; support; wildlife cache: sacq-1732.pdf plain text: sacq-1732.txt item: #120 of 389 id: sacq-1745 author: Haysom, Simone; Shaw, Mark title: Location, location, location: The settling of organised crime in Bedfordview date: 2017-03-31 words: 6733 flesch: 49 summary: Tangibly, the recent European ancestry of Bedfordview residents has facilitated a criminal interface between South Africa and Europe. In 2010, the suburb of Bedfordview in the east of Johannesburg entered the crime headlines.1 Strip club boss Lolly Jackson had been murdered and a controversy raged over which of his Bedfordview neighbours – local conman and criminal middleman George Louca or Czech crime boss Radovan Krejcir – had pulled the trigger, and whether they had been helped by a high-ranking police official. keywords: bedfordview; city; crime; figures; interview; johannesburg; krejcir; men; money; november; people; place; south; suburb; underworld cache: sacq-1745.pdf plain text: sacq-1745.txt item: #121 of 389 id: sacq-1747 author: Gonçalves, Duarte title: A Whole-of-Society Approach to Wildlife Crime in South Africa date: 2017-06-23 words: 5060 flesch: 40 summary: Many wildlife crime interventions fail to achieve sustained impact due to the complexity of the crime. 9SA Crime QuArterly No. 60 • JuNe 2017 Society and the rhino A whole-of-society approach to wildlife crime in South Africa * keywords: africa; approach; crime; futures; interventions; poaching; rhino; security; society; south; stakeholders; wildlife; wildlife crime cache: sacq-1747.pdf plain text: sacq-1747.txt item: #122 of 389 id: sacq-1787 author: Mogomotsi, Goemeone Emmanuel Judah; Madigele, Patricia Kefilwe title: Live by the gun, die by the gun: An Analysis of Botswana’s ‘shoot-to-kill’ policy as an anti-poaching strategy date: 2017-06-23 words: 5041 flesch: 43 summary: Private rhino conservators from neighbouring South Africa have relocated some of their rhinos to Botswana. Despite recent reductions in rhino poaching in Namibia and South Africa, it remains a concern. keywords: africa; botswana; conservation; ibid; kill; law; poachers; poaching; policy; shoot; south; war cache: sacq-1787.pdf plain text: sacq-1787.txt item: #123 of 389 id: sacq-2006 author: Kole, Olaotse John title: Exploring questions of power: Peace officers and private security date: 2017-09-29 words: 5634 flesch: 51 summary: Private security officers (PSOs) are well positioned to help the police, as they may witness crimes in the course of their duties. In most instances, the contribution of private security officers (PSOs) to reducing crime is likely a result of crime rates stretching the capacity of police. keywords: crime; police; powers; psi; psos; respondents; saps; security cache: sacq-2006.pdf plain text: sacq-2006.txt item: #124 of 389 id: sacq-2046 author: Budhram, Trevor; Geldenhuys, Nicolaas title: A losing battle? Assessing the detection rate of commercial crime date: 2017-09-29 words: 7048 flesch: 41 summary: Factors that are cited as having a negative influence on the SAPS’s ability to keep accurate statistics in respect of serious commercial crime charges include the extent and complexity of serious commercial crime cases and the duration of investigations (large cases can take several years to finalise). The mandate for the investigation of non-serious commercial crime rests with the General Crime Investigation component of the Detective Service (i.e. station- level detectives), while serious and priority commercial crime is investigated by the Serious Commercial Crime component of the Directorate for Priority Crime Investigation (DPCI).9 In 2016 a new national head, Commercial Crime was appointed outside of the DPCI and a Commercial Crime Unit under the control of the divisional commissioner, Detective Service was re-established, going back to the situation prior to the inclusion of the former Commercial Branch in the DPCI in 2009.10 It is envisaged that the Commercial Crime Unit will investigate commercial crime cases not investigated by the DPCI, but which are too complex for investigation at station level. keywords: act; cases; charges; court; crime; detection; detection rate; investigation; number; rate; report; saps cache: sacq-2046.pdf plain text: sacq-2046.txt item: #125 of 389 id: sacq-2069 author: Faull, Andrew title: More data means better tools for South Africa date: 2017-03-31 words: 1786 flesch: 54 summary: Ordinarily, South Africans have had to wait until September to access crime data for October to December of the previous year. First, more households (42%) believed violent crime in their area had increased in the three years preceding the survey than those who believed it had stayed the same (30%) or declined (28%). keywords: crime; data; saps; survey; victim cache: sacq-2069.pdf plain text: sacq-2069.txt item: #126 of 389 id: sacq-2085 author: Burger, Johan title: Interview with Lieutenant General Gary Kruser, Deputy National Commissioner, South African Police Service date: 2017-03-31 words: 3620 flesch: 75 summary: You don’t have the capacity to deal with cross- boundary crime at station level. While we wait for the final report, they will sit in and analyse it with the Management Intervention Analysis Centre (MIAC) and other people. keywords: crime; people; police; things cache: sacq-2085.pdf plain text: sacq-2085.txt item: #127 of 389 id: sacq-2231 author: Vetten, Lisa title: Aluta continua: Accountability and the Domestic Violence Act, 116 of 1998 date: 2017-04-19 words: 7062 flesch: 38 summary: Thus, while the SAPS has learnt to better comply with some aspects of the law, it has not necessarily learnt to police domestic violence in ways that better protect complainants. It may audit police stations, but appears unable to compel the SAPS to provide information about its members’ misconduct or to influence the actions taken against them. keywords: accountability; act; complaints; csp; dva; icd; police; report; saps; stations; violence; violence act cache: sacq-2231.pdf plain text: sacq-2231.txt item: #128 of 389 id: sacq-25 author: Gould, Chandre title: Resolution delayed date: 2015-07-01 words: 777 flesch: 55 summary: The September edition of Crime Quarterly, guest edited by Elrena van der Spuy, will be a special edition dedicated to the state of policing in South Africa, and the contribution that commissions of inquiry can make to improving policing. But increasingly the ability of citizens in South Africa to hold political leaders to account is being called into question, as is trust in parliament and political leaders. keywords: crime; edition; south cache: sacq-25.pdf plain text: sacq-25.txt item: #129 of 389 id: sacq-26 author: Roodt, Christa; Benson, Bernadine title: Databases for stolen art: Progress, prospects and limitations date: 2015-07-01 words: 7188 flesch: 41 summary: 9 RL Nytagodien, Reflection on the politics of memory, race and confrontation at the McGregor Museum, SAMAB, 35, 2012/2014, 1. 10 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, 14 November 1970, 823 UNTS 231; 10 ILM 289. 11 AM Garro, Recovery of stolen art objects from bona fide purchasers in International sale of works of art: proceedings of the first International Symposium on the International Sale of Works of Art, 1985, 504. 12 UN General Assembly Recommendation on the Return or Restitution of Cultural Property to the Countries of Origin A/ Res/48/15 of 2 November 1993. Moreover, the link that was established between due diligence and databases as far back as 1985 remains current.11 Databases of stolen art enable people and institutions that have experienced losses to notify users of these losses. keywords: african; art; august; crime; cultural; database; heritage; international; interpol; items; law; national; objects; property; south; theft; works cache: sacq-26.pdf plain text: sacq-26.txt item: #130 of 389 id: sacq-2605 author: Larner, Sean Michael title: Pathways from violence: The impact of community based intervention on offender reintegration in Gugulethu date: 2017-09-29 words: 8740 flesch: 51 summary: Although a blunt tool for approximating criminal involvement – an arrest does not equal guilt; sometimes people are arrested arbitrarily – the high number of arrests on average suggests study participants have had extensive experience with the criminal justice system. Many participants were surprisingly blasé about lethal violence. keywords: africa; cape; community; crime; drug; gugulethu; integration; interview; offenders; participant; prison; programme; realistic; realists; services; south; support cache: sacq-2605.pdf plain text: sacq-2605.txt item: #131 of 389 id: sacq-27 author: Steyn, Francois; Coetzee, Annika; Klopper, Harriet title: A survey of car guards in Tshwane: Implications for private security policy and practice date: 2015-07-01 words: 6436 flesch: 42 summary: 37 PJ Potgieter et al., Bivariate analysis of car guard activities as a crime prevention initiative, Acta Criminologica, 16:3, 2003, 45. 38 Fran Kirsten, Car guards still a nuisance, Knysna-Plett Herald, http://www.knysnaplettherald.com (accessed 25 March 2015); Greg Nicolson, Men in the street: of car guards and daily (poverty) grind, Daily Maverick, 17 March 2015, http:// www.dailymaverick.co.za (accessed 25 March 2015). In the following sections we present the results of the Tshwane study with specific reference to the background characteristics of formal car guards, the temporary nature of formal car guarding, the perceived role of car guards in crime reduction, access to training and equipment, and matters pertaining to the legislating of the car guard industry. keywords: africa; cape; car; car guards; crime; guarding; guards; respondents; security; south; study; town; vehicle cache: sacq-27.pdf plain text: sacq-27.txt item: #132 of 389 id: sacq-2770 author: Hübschle, Annette; Faull, Andrew title: Organized environmental crimes: Trends, theory, impact and responses date: 2017-06-23 words: 2467 flesch: 43 summary: 4 Maano Ramutsindela, Wildlife crime and state security in South(ern) Africa: an overview of developments, Politikon, 2016, 1–13; Elizabeth Lunstrum, Green grabs, land grabs and the spatiality of displacement: eviction from Mozambique’s Limpopo National Park, Area, 48:2, 2015, 142–152; Maria Hauck and NA Sweijd, A case study of abalone poaching in South Africa and its impact on fisheries management, ICES Journal of Marine Science, 56:6, 1999, 1024–1032; Annette Hübschle, The social economy of rhino poaching: of economic freedom fighters, professional hunters and marginalized local people, Current Sociology, 65:3, 2016, 427–447. http://dx.doi.org/10.17159/2413-3108/2017/i60a2770 Once considered peripheral, and a green matter, wildlife crimes have moved up global security and policy agendas. keywords: africa; conservation; crime; issue; people; poaching; south; wildlife cache: sacq-2770.pdf plain text: sacq-2770.txt item: #133 of 389 id: sacq-2776 author: Hübschle, Annette title: On the Record: Interview with Major General Johan Jooste (Retired), South African National Parks, Head of Special Projects date: 2017-06-23 words: 4517 flesch: 72 summary: How does this affect ranger management? JJ: Critical voices have questioned the efficacy of the anti-poaching strategy, suggesting that park authorities are waging a ‘war on poaching’ with unintended long-term consequences for protected areas management and community relations.1 Scholars have argued that ‘green militarisation’ has led to an arms race between poachers and rangers and, moreover, that ‘green violence’ has led to the deployment of violent instruments and tactics in pursuit of the protection of nature, and ideas and aspirations related to nature conservation.2 In May 2017 Annette Hübschle interviewed Major General Johan Jooste (Ret.) to explore his views on the successes and failures of the South African anti-poaching strategy. keywords: kruger; law; park; people; poachers; poaching; rangers; rhino cache: sacq-2776.pdf plain text: sacq-2776.txt item: #134 of 389 id: sacq-28 author: Bruce, David title: Preventing crime and violence through work and wages: The impact of the CommunityWork Programme date: 2015-07-01 words: 9299 flesch: 47 summary: The idea that CWP participants may exit the CWP to take up work opportunities or establish their own businesses is regarded favourably, and the CWP does indeed enhance the ability of some participants to do this.11 A: All participants April 2014 – March 2015 85 440 66 987 26 955 23 217 202 599 Percentage 42.2% 33.1% 13.3% 11.5% 100% B: Long-term participants (received wages in both April 2014 and March 2015) 64 736 42 588 19 232 12 753 139 309 Percentage 46.5% 30.6% 13.8% 9.2% 100% C: Long-term participants (row B) as a percentage of all partici- pants in this category (row A) 75.8% 63.6% 71.3% 54.9% 68.8% Table 1: Profile of CWP participants and duration of participation, April 2014–March 2015 Source: Analysis by author of data provided by Community Work Programme, Department of Cooperative Governance and Traditional Affairs, April 2015 29SA keywords: africa; april; community; crime; cwp; impact; men; participants; programme; social; south; violence; wages; women; work cache: sacq-28.pdf plain text: sacq-28.txt item: #135 of 389 id: sacq-2814 author: Lubaale, Emma Charlene title: Concessions on custodial sentences: Learning from the New Zealand approach to restorative justice date: 2017-09-29 words: 5571 flesch: 51 summary: The court added that: It appears the principles of restorative justice may stand in conflict with principles of deterrence which represent the norm, but if the recognition of restorative justice in Clotworthy is to have practical effect, then I think a balance must be sought, no matter how difficult it might be to find that balance.59 Again, a number of points are worth highlighting: • Invoking RJ does not require a light prison sentence. 15 A Skelton, The South African Constitutional Court’s restorative justice jurisprudence, Restorative Justice: An International Journal, 1, 2015, 122. 16 T Gxubane, Restorative justice with youth sex offenders: issues for practice, The Social Work Practitioner Researcher, 26, 2014, 242. 17 SP Garvey, Restorative justice, punishment, and atonement, Utah Law Review, 2003, 303; C Barton, Empowerment and criminal justice, in H Strang and J Braithwaite (eds), Restorative justice: philosophy to practice, Dartmouth: Ashgate, 2000, 62. 18 D Louw and L van Wyk, The perspectives of South African legal professionals on restorative justice: an explorative qualitative study, Social Work, 52, 2016, 505. 19 Ibid. keywords: court; ibid; justice; new; para; restorative; sentence; south cache: sacq-2814.pdf plain text: sacq-2814.txt item: #136 of 389 id: sacq-29 author: Lubaale, Emma Charlene title: Bokolo v S 2014 (1)sacr 66 (sca): The practicality of challenging dna evidence in court date: 2015-07-01 words: 6307 flesch: 57 summary: In advancing DNA evidence and expert evidence generally, experts should desist from acting as ‘hired guns’ for the parties that instruct them. Meintjes has, however, correctly demonstrated that although the science behind DNA is valid and accepted by the scientific community, problems may arise in the chain of custody of DNA samples, standards and techniques of analysing the DNA samples, and the interpretation of the DNA results by experts.48 In these situations, DNA evidence may be less probative than it might initially appear. keywords: bokolo; case; court; defence; dna; dna evidence; evidence; expert; ibid; interpretation cache: sacq-29.pdf plain text: sacq-29.txt item: #137 of 389 id: sacq-2998 author: Newham, Gareth; Rappert, Brian title: Policing for impact: Is South Africa ready for Evidence-Based Policing? date: 2018-06-29 words: 5615 flesch: 41 summary: Indeed, in his groundbreaking article on EBP as a new paradigm Sherman wrote that, just doing research is not enough and [that] proactive efforts are required to push accumulated research evidence into practice through national and community guidelines.22 Experience to date would suggest that the mere existence of guidelines about how to use research is insufficient for police agencies to obtain the full benefits that research may have to offer. This poses specific challenges in terms of the coordination and accessibility of policing research. keywords: africa; crime; division; evidence; interventions; national; police; policing; research; saps; sherman; south; studies cache: sacq-2998.pdf plain text: sacq-2998.txt item: #138 of 389 id: sacq-30 author: Budhram, Trevor title: Intelligence-led policing: A proactive approach to combating corruption date: 2015-07-01 words: 3705 flesch: 37 summary: In the 3i model, crime intelligence analysis is linked to decision-making. Level three deals with serious and organised crime that operates on a national and international scale.14 In South Africa, the South African Police Service (SAPS) model comprises 11 steps and is premised on the collection, analysis, coordination and dissemination of crime intelligence for tactical, operational and strategic use.15 The steps can be utilised at station, provincial or national level. keywords: africa; centre; corruption; crime; ilp; information; intelligence; model; policing; public; south cache: sacq-30.pdf plain text: sacq-30.txt item: #139 of 389 id: sacq-3020 author: Abdool Karim, Safura; Kruyer, Catherine title: Rhodes University v Student Representative Council of Rhodes University: The constitutionality of interdicting non-violent disruptive protest date: 2017-12-13 words: 5850 flesch: 40 summary: At the high court level, Lowe interpreted Hotz to have developed the criteria for an interdict to include the constitutional protection.85 To do this, the court developed the criteria of ‘injury’ to the university’s rights and held that, because the students had engaged in violent protest action that was not constitutionally protected, they had injured the university’s rights.86 Unfortunately, framing the criteria in this manner does not provide a mechanism to deal with a situation where students might engage in protest action that is protected but also injures the university’s rights and may possibly justify the granting of an interdict. http://dx.doi.org/10.17159/2413-3108/2017/i62a3020 In recent years, student protests – related to #FeesMustFall and others – have become commonplace on university campuses across South Africa. keywords: action; court; ibid; interdict; para; protest; right; university cache: sacq-3020.pdf plain text: sacq-3020.txt item: #140 of 389 id: sacq-3028 author: Lamb, Guy title: Mass killings and calculated measures: The impact of police massacres on police reform in South Africa date: 2018-03-30 words: 7463 flesch: 37 summary: 5SA CRIME QUARTERLY NO. 63 • MARCH 2018 Mass killings and calculated measures The impact of police massacres on police reform in South Africa * Guy Lamb is the Director of the Safety and Violence Initiative (SaVI) at the University of Cape Town. Hence, this article will explore the relationship between massacres perpetrated by the police and police reform, with a particular focus on South Africa. keywords: africa; commission; control; government; massacre; order; order policing; police; policing; protestors; reform; sap; saps; security; south; south africa; violence cache: sacq-3028.pdf plain text: sacq-3028.txt item: #141 of 389 id: sacq-3031 author: Lancaster, Lizette title: Unpacking Discontent: Where and why protest happens in South Africa date: 2018-06-29 words: 7265 flesch: 46 summary: Keidel measures the intensity of social unrest by the number of demonstrations, riots, armed infringements and strikes within a year.7 This broad definition offered by Keidel provides a useful way to operationalise the measurement of protest in South Africa, which then allows us to quantify whether protest events have increased in intensity over time. INSTITUTE FOR SECURITY STUDIES & UNIVERSITY OF CAPE TOWN34 dates, actors, types of violence, locations, and fatalities of all reported political violence and protest events across Africa, South Asia, South East Asia and the Middle East. keywords: action; analysis; crime; data; events; incidents; number; ppvm; protest; public; saps; service; south; violence cache: sacq-3031.pdf plain text: sacq-3031.txt item: #142 of 389 id: sacq-3032 author: Mukumba, Tsangadzaome Alexander; Abdullah, Imraan title: Enabling the enabler: Using access to information to ensure the right to peaceful protest date: 2017-12-13 words: 6666 flesch: 39 summary: Training needs to be focused not only on compliant processing of PAIA requests but also on the importance of PAIA as legislation giving effect to a right that enables the exercise of other rights, be they constitutionally enshrined or not. These sentiments were echoed by the minority per Justice Chris Jafta, who held that ‘[it] is through the exercise of each of these rights that civil society and other similar groups in our country are able to influence the political process, labour or business decisions and even matters of governance and service delivery’.21 Positioning the right to protest at the core of our democracy and the realisation of other rights in the Bill of Rights creates a strong presumption against unwarranted derogation, and provides a strong impetus on the state to actively facilitate peaceful protest.22 Government’s regulation of protest and levels of assistance to potential protesters or conveners must therefore be judged in this light. keywords: access; act; information; notice; paia; protest; requests; rga; right; section cache: sacq-3032.pdf plain text: sacq-3032.txt item: #143 of 389 id: sacq-3040 author: Roberts, Benjamin James; Bohler-Muller, Narnia; Struwig, Jare; Gordon, Steven Lawrence; Mchunu, Ngqapheli; Mtyingizane, Samela; Runciman, Carin title: Protest Blues: Public opinion on the policing of protest in South Africa date: 2017-12-13 words: 9964 flesch: 40 summary: These factors have resulted in increasing calls for a form of minimalist policing in which police activity focuses on more effectively performing core functions such as criminal investigation and emergency response, with non-state actors taking strong roles in everyday policing and crime prevention.25 From an international perspective, it was not until the late 1980s and 1990s that the policing of protest became a subject of substantive interest within the social sciences, with early survey-based and qualitative research focusing on the repression of protest and on police actions in maintaining public order.26 In 1998 the concept of ‘protest policing’ was formally introduced through the influential volume edited by Donatella della Porta and Herbert Reiter titled Policing protest: the control of demonstrations in Western democracies. Defined simply as ‘the police handling of protest events’, protest policing within democratic societies was portrayed as involving a fine balance between protecting public law and order and defending individual freedoms and the citizen right to political participation and demonstration.27 keywords: africa; cape; confidence; effectiveness; force; model; order; order policing; police; policing; policing protest; protest; protest action; public; research; response; south; use; views cache: sacq-3040.pdf plain text: sacq-3040.txt item: #144 of 389 id: sacq-3041 author: Bohler-Muller, Narnia; Roberts, Benjamin James; Struwig, Jare; Gordon, Steven Lawrence; Radebe, Thobeka; Alexander, Peter title: Minding the Protest: Attitudes towards different forms of protest action in contemporary South Africa date: 2017-12-13 words: 6291 flesch: 46 summary: Alexander has referred to this broad process as the ‘rebellion of the poor’.9 Other scholars have ascribed the majority of protest actions to contestations over the full benefits of ‘citizenship’.10 Given the modern trajectory of protest, we may expect to observe distinct socio-economic differences in how people view protest action in the country. The 1995 and 2016 surveys were selected for use in this article because they are the only representative surveys in the country that distinguish between the three different types of protest action outlined by Runciman et al.20 In both surveys, respondents were told that they would be questioned about three different kinds of protest actions. keywords: action; africa; attitudes; effectiveness; image; protest; protest action; public; research; south; types cache: sacq-3041.pdf plain text: sacq-3041.txt item: #145 of 389 id: sacq-3044 author: Omar, Jameelah title: A legal analysis in context: The Regulation of Gatherings Act – a hindrance to the right to protest? The Regulation of Gatherings Act – a hindrance to the right to protest? date: 2017-12-13 words: 6903 flesch: 45 summary: This ‘service delivery’ descriptor has been described as a misnomer that incorrectly focuses the protest on services rather than the fact that ‘protest often has more to do with citizens attempting to exert their rights to participate and have their voices heard rather than simply demanding “service delivery” as passive recipients’.19 Bond and Mottiar describe these protests as ‘popcorn protests’, referring to the phenomenon in which protest action spontaneously flares up temporarily and then disperses soon thereafter.20 Protests are therefore important as the only, or at least primary, means that some groups have of social sanction to hold the state accountable.21 Particularly for those who have historically been excluded from mainstream party politics, protest is a tool through which political rights may be reclaimed.22 Without substantial socio-economic reform, including addressing unemployment, the number of protests, and the issues that will be targeted through protest strategies, are likely to continue to increase. Although commentators have tried to chart a timeline for the increased number of protests, there is no single moment in time when protests visibly increased, nor is there only one reason that explains why protests may have increased.11 This is illustrative of the importance of protest in the make-up of South African society. keywords: act; africa; apartheid; gathering; notice; protest; regulation; right; section; social; south; state cache: sacq-3044.pdf plain text: sacq-3044.txt item: #146 of 389 id: sacq-3049 author: Bruce, David title: Shot while surrendering: Strikers describe Marikana Scene 2 date: 2018-09-30 words: 9809 flesch: 52 summary: 51 Marikana Commission, Written submissions of the SAHRC regarding ‘phase one’, Annexure G. 52 D Bruce, The sound of gunfire: the police shootings at Marikana Scene 2, 16 August 2012, Pretoria: ISS, August 2018. Viewers of this footage are likely to believe that it shows police shooting strikers who are attacking them. keywords: allegations; august; evidence; marikana commission; massacre; people; police; saps; scene; shooting; shot; statements; strikers; surrendering cache: sacq-3049.pdf plain text: sacq-3049.txt item: #147 of 389 id: sacq-3057 author: Alexander, Peter; Runciman, Carin; Ngwane, Trevor; Moloto, Boikanyo; Mokgele, Kgothatso; Van Staden, Nicole title: Frequency and turmoil: South Africa's community protests 2005-2017 date: 2018-03-30 words: 8956 flesch: 51 summary: Frequency and turmoil South Africa’s community protests 2005–2017 Peter Alexander, Carin Runciman, Trevor Ngwane, Boikanyo Moloto, Kgothatso Mokgele and Nicole van Staden* palexander@uj.ac.za crunciman@uj.ac.za tngwane@uj.ac.za b.r.moloto@gmail.com kgothatsom@uj.ac.za 201473014@student.uj.ac.za http://dx.doi.org/10.17159/2413-3108/2018/i63a3057 Early discussions about South Africa’s high level of popular unrest focused on ‘service delivery protests’, but in recent years the broader conception of ‘community protest’ has gained currency, and we use it here.1 Whether This article reports on the frequency and turmoil of South Africa’s community protests from 2005 to 2017, which, taken together, have been called a ‘rebellion’. Drawing on the Centre for Social Change’s archive of media reports, the largest database of its kind, and by comparing its data with details gleaned from the police’s Incident Registration Information System (an unrivalled source of protest statistics), the article reveals a rising trend in frequency of community protests and a tendency towards those protests being disorderly, that is, disruptive and/or violent. keywords: acled; africa; community; community protests; cpb; csc; data; iris; media; mrcps; muniq; police; protests; south; violence cache: sacq-3057.pdf plain text: sacq-3057.txt item: #148 of 389 id: sacq-3059 author: Chamberlain, Lisa; Snyman, Gina title: Lawyering protest - critique and creativity: Where to from here in the public interest legal sector? date: 2017-12-13 words: 9937 flesch: 43 summary: 6 Lilian Chenwi and Kate Tissington, Engaging meaningfully with government on socio-economic rights: a focus on the right to housing, Socio-Economic Rights Project, Community Law Centre, University of the Western Cape, March 2010, 7. 7 Bilkis Omar, SAPS costly restructuring: a review of public order policing capacity, Institute for Security Studies (ISS), Monograph 138, 2007, 18, as discussed in Shauna Mottiar and Patrick Bond, The politics of discontent and social protest in Durban, Politikon, 39, 2012, 309–330, 311. 8 Mokoko Piet Sebola, The community policing philosophy and the right to public protest in South Africa: are there positive developments after two decades of democracy?, Journal of Public Administration, 49, 2001, 300–313, 307. 9 Mottiar and Bond, The politics of discontent and social protest in Durban, 312. 10 Mzi Memeza, A critical review of the implementation of the Regulation of Gatherings Act 205 of 1993: a local government and civil society perspective, Freedom of Expression Institute, 2006, 12. Today we understand that in addition to dissatisfaction with inadequate provision of services, people in South Africa protest because of discontent with the ineffectiveness of the available channels of participatory democracy5 and because of community alienation stemming from a neglect of ‘bottom-up’ planning and consultative processes.6 Protests are also the result of billing issues,7 labour matters such as salaries and improvement of working conditions,8 community members seeking out alleged criminals, attempts to highlight causes such as environmental injustice or homophobia, or to express solidarity with pro-democracy protests in places like Egypt.9 More recently, there have also been controversial protests calling for the removal of the president. keywords: act; africa; bail; community; court; gatherings; interdicts; law; protest; protesters; public; rhodes; right; section; south; south africa; state; university cache: sacq-3059.pdf plain text: sacq-3059.txt item: #149 of 389 id: sacq-3065 author: Faull, Andrew title: Who can stop the rot? date: 2017-09-29 words: 2047 flesch: 45 summary: South Africa has harsh minimum sentences, supported by the logic that serious crime deserves serious punishment.7 As a result, South Africa’s 236 prisons, designed to accommodate 119 134 inmates, in 2016 housed 161 984.8 In this issue, Emma Lubaale compares South African and New Zealand court decisions, asking whether South African courts can better balance custodial and restorative sentences. The deal was ostensibly intended to drive agricultural empowerment projects for residents, but instead the money appears to have landed up in the United Arab Emirates, from where it was funnelled back to South Africa through and into other Gupta-owned keywords: africa; august; crime; gupta; guptaleaks; police; south; zuma cache: sacq-3065.pdf plain text: sacq-3065.txt item: #150 of 389 id: sacq-3090 author: Skelton, Ann; Nsibirwa, Martin title: #Schools on fire: Criminal justice responses to protests that impede the right to basic education date: 2017-12-13 words: 7526 flesch: 46 summary: According to the 2016 SAHRC hearing report, the large majority of protests impacting schools had nothing to do with the education sector and were instead related to border disputes and lack of basic services.5 Threats to education were widespread across the country, with school principals, learners and educators often being intimidated when protest action was planned or underway. keywords: act; african; children; education; hearing; october; protest; report; right; sahrc; school; south cache: sacq-3090.pdf plain text: sacq-3090.txt item: #151 of 389 id: sacq-3109 author: Ally, Nurina title: Failing to respect and fulfill: South African law and the right to protest for children date: 2017-12-13 words: 3852 flesch: 43 summary: The right of children to freedom of assembly and association is specifically recognised in Office of the High Commissioner (OHCHR), Convention on the Rights of the Child, adopted by General Assembly Resolution 44/25 of 20 November 1989 (UNCRC), Article 15, http://www.ohchr. For more on the right of children to participation, see Lucy Jamieson, Children’s rights to participate in social dialogue, in Lucy Jamieson et al. (eds), South African child gauge 2010/2011, Cape Town: Children’s Institute, University of Cape Town, 30. 17 Daly, Demonstrating positive obligations, 775. keywords: act; children; criminal; law; protest; right; section; september cache: sacq-3109.pdf plain text: sacq-3109.txt item: #152 of 389 id: sacq-32 author: van der Spuy, Elrena title: Inquiries into commissions of inquiry into police date: 2015-11-02 words: 1269 flesch: 41 summary: Commissions of inquiry yield themselves to comparative analysis; applied to commissions across time and space, a comparison allows us to identify commonalities and differences between public inquiries. 3SA Crime QuArterly No. 53 • SePt 2015 Editorial Inquiries into commissions of inquiry into police Commissions of inquiry into police have a long and chequered history – both internationally and locally. keywords: commissions; inquiry; police; policing cache: sacq-32.pdf plain text: sacq-32.txt item: #153 of 389 id: sacq-33 author: Dixon, Bill title: Making further inquiries: Policing in context in Brixton and Khayelitsha date: 2015-11-02 words: 6316 flesch: 36 summary: He was pleased with the government’s response to the needs of ethnic minorities, but disappointed by the continued lack of coordinated action on inner city problems and uncertain about the fate of his recommendation on positive action.61 Four years later, in 1986, at another conference held after more rioting in British cities the previous year, much of Scarman’s optimism had evaporated 11SA Crime QuArterly No. 53 • SePt 2015 and he was moved to agree with another speaker, Usha Prashar, that his social and economic recommendations had not been implemented.62 As Stuart Hall commented over a decade later, Scarman’s findings were notable for breaking the ‘prevailing law-and-order consensus’ over the origins of disorder, but the social and economic reforms he had proposed were ‘seriously out of key with the times and [had] triggered no significant political or policy response’.63 Worse still, though his advocacy of a community-oriented approach to policing had become the dominant philosophy of police leaders in England and Wales by the end of the 1980s, his findings on racism failed to stand the test of time and were flatly contradicted in the report of the Stephen Lawrence Inquiry published in 1999.64 This stated that institutional racism (defined as ‘the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin’) existed not just in the Metropolitan Police Service and other police services, but in other institutions across Britain.65 There is no equivalent to Part VI of Scarman’s response to the Brixton disorders in the report of the Khayelitsha Commission. Thus the ‘broken windows’ theorists George L Kelling and James Q Wilson emphasised that scarce police resources need to be deployed to support citizens in neighbourhoods at ‘the tipping point’ where public order is ‘deteriorating but not unreclaimable’.3 Herman Goldstein, the founding father of problem-oriented policing, insisted that the police should focus on problems identified by the communities they serve, and seek to mobilise the public in resolving them.4 Writing in 1979 as an Assistant Commissioner of London’s Metropolitan Police, John Alderson argued that providing ‘leadership and participation in dispelling criminogenic social conditions through co-operative social action’ was one of 10 objectives for police in a free society.5 Similar considerations are relevant at a societal level. keywords: brixton; commission; disorders; ibid; inquiry; khayelitsha; o’regan; pikoli; police; policing; report; scarman cache: sacq-33.pdf plain text: sacq-33.txt item: #154 of 389 id: sacq-34 author: Redpath, Jean; Nagia-Luddy, Fairouz title: 'Unconscionable and irrational': SAPS human resource allocation date: 2015-11-02 words: 7579 flesch: 46 summary: For the formula calculations, the respective populations, crime numbers and murder numbers emanating from the already allocated areas must be subtracted from those totals in order to calculate the factors that must be applied to the remaining 144 stations. At the commission, one of the authors gave evidence that reviewed the relative resourcing of police stations in the Western Cape as well as the method employed by the SAPS to determine relative resourcing. keywords: allocation; areas; cape; commission; crime; khayelitsha; number; personnel; police; policing; population; resources; saps; stations cache: sacq-34.pdf plain text: sacq-34.txt item: #155 of 389 id: sacq-3430 author: Bond, Patrick title: Securocrat repression and ‘Protest nation’ resistance date: 2017-12-13 words: 3101 flesch: 39 summary: Examples from the early 2000s showed clearly that protests could beat repression. In mid-2010, state paranoia about mass unrest, inherited and amplified by Jacob Zuma, led to an initial ban on protest anywhere near the main soccer stadiums. keywords: africa; duncan; mbeki; nation; police; protest; rise; south; state; university cache: sacq-3430.pdf plain text: sacq-3430.txt item: #156 of 389 id: sacq-35 author: Freeman, Laura; McDonald, Claire title: Mapping Khayelitsha: The complexities of everyday policing in a high crime area date: 2015-11-02 words: 5841 flesch: 36 summary: As Brigadier Dladla testified to the commission: ‘You know in the movies … you see a team descending to a crime scene, attending to a docket, but here you have a team of dockets Figure 1: Internal SAPS Khayelitsha police station structures Khayelitsha police stations: Harare, Site B and Lingelethu West 1 Visible policing (VISPOL) Community Service Centre (CSC) • Maintain Community Service Centre and other registeries • Police cells • Sector patrol • Court security • Maintain firearm safe and station exhibit store 2 Crime investigation – detective branch Detective Service Centre (DSC)/ crime office • Investigation and detection of crime • Screen dockets from CSC • Interview complainants • Attend crime scene • Crime scene management • Collecting and recording evidence • Ensure dockets go to court Detective Court Case Officer (DCCO) • Ensures dockets are brought to Khayelitsha magistrate’s court Crime intelligence Station Crime Combatting Forum (SCCF) – CIO and senior officers • Docket analysis • Crime mapping • Case linkage analysis • Field-work assessment • Statistical analysis • Briefing/debriefing of VISPOL shifts 3 Support services • Human resource management • Finance • Supply-chain management • Employee Health and Wellness Programme (EHW) Crime scene management Arrest, detention and release of suspects InstItute for securIty studIes30 descending on a detective. She noted two disturbing cases, the first of which involved the SAPS ignoring her attempts to signal a serial rapist; the second where a number of forensic ‘rape kits’ were dumped by FCS investigating officers.27 Overall, Khayelitsha had the ‘worst performing FCS unit’ in the province.28 Figure 3: External institutional relations SAPS head office • Health services • Hospitals • Thuthuzela care centres • Forensic pathology service • Education services • Social workers • Emergency services • Fire services • Ambulances • Cluster offices • FCS unit • Metro police • Traffic police Police forums Public services Khayelitsha police stations: Harare, Site B and Lingelethu West • Community Police Forums • Neighbourhood watches • NGOs Community relations • Civilian Secretariat of Police • Western Cape Department of Community Safety • Independent Police Investigative Directorate (IPID) • Courts • Khayelitsha Magistrates Court • Prison services Justice mechanisms Oversight bodies InstItute for securIty studIes32 Metropolitan police and traffic police Officers of the Cape Town Metropolitan Police have three primary functions: the policing of traffic laws; the enforcement of the city’s by-laws; and crime prevention.29 Metro police are responsible for patrolling high-risk crime areas, monitoring the City’s CCTV footage, and responding to emergency calls.30 Criminal suspects arrested by Metro officers (who only have search and seizure powers) are handed over to the SAPS for investigation.31 In Khayelitsha, the traffic police work with the SAPS to manage traffic, especially around the N2 highway. keywords: bodies; cape; commission; community; crime; ibid; inquiry; khayelitsha; police; policing; relations; saps; service; south; station cache: sacq-35.pdf plain text: sacq-35.txt item: #157 of 389 id: sacq-36 author: Newham, Gareth title: Avoiding another Marikana massacre: Why police leadership matters date: 2015-11-02 words: 5986 flesch: 36 summary: The Marikana Commission of Inquiry into the killings that took place in the run-up to and on 16 August 2012, provides useful insights into the workings of SAPS senior leadership.6 Based on the findings of the commission, there is now objective information on the nature of senior police leadership decision- making in the lead-up to the massacre. The remaining four characteristics are that police leaders should recognise the need to ‘act as a role model; be good communicators; be critical and creative thinkers; and be able to make good decisions’.15 The findings of the commission as they relate to senior police leadership in the SAPS can now be assessed against the key principles and characteristics highlighted above. keywords: 2015; african; august; commission; crime; ibid; leadership; marikana; national; police; public; saps; south cache: sacq-36.pdf plain text: sacq-36.txt item: #158 of 389 id: sacq-38 author: Burger, Johan title: Leading a horse to water...: Assessing review mechanisms of SAPS performance date: 2015-11-02 words: 5747 flesch: 33 summary: The feedback reports regarding the implementation of the inspection and evaluation findings submitted, in particular to the Inspectorate, are not comprehensive to indicate the rectification of the shortcomings indicated in respective reports [Own emphasis]8 The persisting challenges Omar refers to include ‘the manipulation of crime statistics, missing case dockets, under-resourcing, inefficient management, lack of discipline and ineffective crime combating at police stations across the country’.9 These ‘challenges’ amount to systemic weaknesses and ‘often lead to poor service delivery, hamper policing to communities, create feelings of insecurity and fail to bring down levels of crime’.10 In obvious recognition that the Inspectorate and other internal mechanisms were unable, on their own, to sufficiently identify and address the pervasive weaknesses in the police, the then national commissioner of the SAPS, Jackie Selebi, decided in October 2006 to appoint ‘an independent body, composed of persons with extensive policing experience’ to assist the SAPS, inter alia, by:11 • Identifying and comprehensively reviewing issues that need to be addressed by the SAPS in order to improve its effectiveness in the combating of crime • Enhancing the capacity of the management of the SAPS to address critical policing issues This independent body of experienced persons was called the Policy Advisory Council and was made up of retired senior members of the SAPS management team.12 The council comprised two former deputy national commissioners (one of them acting as chairperson), five former divisional commissioners and eight former provincial commissioners.13 Between them they shared experience and expertise that covered many years of management, investigation and other operational areas of policing, and also of support services. They mention a number of problems ‘rectified’ during their visits, such as arranging, with the assistance of provincial commissioners, the ‘movement and replacement’ of ineffective and inefficient commanders.17 The two reports painted a bleak picture of the level of management, efficiency and capability at police stations generally and made pertinent recommendations about what was needed to address these deficiencies. keywords: commission; council; crime; ibid; inspections; khayelitsha; national; police; recommendations; report; saps cache: sacq-38.pdf plain text: sacq-38.txt item: #159 of 389 id: sacq-39 author: Schoeman, Marelize Isabel title: Determining the Age of Criminal Capacity: Acting in the best interest of children in conflict with the law date: 2016-09-26 words: 5027 flesch: 34 summary: Criminal capacity versus the law Translating aspects relating to a child’s psycho- social development and functioning into legal requirements to determine criminal capacity is a challenge in itself.24 A legal obligation exists in the Child Justice Act to prove beyond reasonable doubt whether a child has criminal capacity or not. Child Justice Act: age demarcation for criminal capacity The age of criminal capacity refers to the age at which it is presumed that a child has the cognitive ability and maturity to distinguish between right and wrong and to understand the consequences of his or her actions. keywords: act; age; capacity; child; child justice; children; justice; justice act cache: sacq-39.pdf plain text: sacq-39.txt item: #160 of 389 id: sacq-390 author: Roberts, Benjamin J.; Gordon, Steven L. title: Pulling us apart? The association between fear of crime and social cohesion in South Africa date: 2016-04-05 words: 8609 flesch: 43 summary: For both types of crime, around a fifth of adults indicated that their worry was a constant presence in their lives (17% for burglary; 21% for violent crime). No real effect Some effect Serious effect Total Worry about burglary Never 100 – – – 100 Just occasionally – 42 52 6 100 Some of the time – 16 65 18 100 All or most of the time – 4 37 59 100 Total 38 12 33 18 100 Worry about violent crime Never 100 – – – 100 Just occasionally – 42 47 11 100 Some of the time – 13 70 17 100 All or most of the time – 5 27 69 100 Total 38 11 33 18 100 Table 2: Estimated proportions of different effects on quality of life given frequency of worry about crime (2013, row percentages) Source: HSRC South African Social Attitudes Survey (SASAS) 2013. keywords: africa; cohesion; crime; data; effect; fear; levels; life; measures; neighbourhood; research; sasas; social; south; survey; trust; worry cache: sacq-390.pdf plain text: sacq-390.txt item: #161 of 389 id: sacq-40 author: van der Spuy, Elrena title: Interview with Judge Kate O'Regan date: 2015-11-02 words: 3797 flesch: 63 summary: Ambivalent because of the uses to which commissions of inquiry have been put in South Africa. There have been some outstanding commissions of inquiry but there have also been commissions of inquiry that could be considered to be forms of glorified ‘executive kicking for touch’. keywords: commission; ko’r; people; policing; saps; work cache: sacq-40.pdf plain text: sacq-40.txt item: #162 of 389 id: sacq-414 author: Mogstad, Heidi; Dryding, Dominique; Fiorotto, Olivia title: Policing the private: Social barriers to the effective policing of domestic violence date: 2016-06-28 words: 9479 flesch: 44 summary: The research found that prevailing social norms and beliefs in Khayelitsha prevent domestic violence victims from seeking help from the police and that, unless there is a change in social norms, it is unlikely that there will be an increase in the reporting of cases of domestic violence. 3 L Vetten, Addressing domestic violence in South Africa: reflections on strategy and practice, Centre for the Study of Violence and Reconciliation, 2005, 5. 4 Vetten, Domestic violence in South Africa. keywords: abuse; cape; community; crime; focus; groups; khayelitsha; participants; police; policing; research; social; south; victims; violence; women cache: sacq-414.pdf plain text: sacq-414.txt item: #163 of 389 id: sacq-43 author: Abgoola, Caroline title: Memories of the ‘inside’: Prison conditions in South African female correctional facilities date: 2016-06-28 words: 5271 flesch: 49 summary: By prioritising exercise for female inmates, many of the fights that break out in female prisons could be curtailed, as some of the aggression and idleness that leads to these fights can be channelled positively into exercise. Memories of the ‘inside’ Conditions in South African women’s prisons Caroline Agboola* agboolacaroline@gmail.com http://dx.doi.org/10.17159/2413-3108/2016/i56a43 Section 35(2) of the Constitution of the Republic of South Africa stipulates that all individuals, including female prison inmates, have the right to conditions of imprisonment that are in line with human dignity.1 keywords: africa; conditions; correctional; facilities; food; inmates; participants; prison; prisoners; south cache: sacq-43.pdf plain text: sacq-43.txt item: #164 of 389 id: sacq-4309 author: Moult, Kelley title: Protest protections, protest problems? Reflections from across the spectrum date: 2018-01-25 words: 2330 flesch: 46 summary: She argues that, in addition to removing criminal sanctions for protest, a proper response by the state requires training police in managing protests involving children, and revising administrative requirements that are directed to facilitating the right to protest, rather than scuppering it. Based on an impressive data set of protests across South Africa, Duncan’s work explores the diverse examples of protest, and interrogates the idea of the ‘popcorn protest’ as seemingly sporadic flare-ups, arguing instead that this characterisation belies much deeper levels of organisation. keywords: law; protest; public; right; south; state; university cache: sacq-4309.pdf plain text: sacq-4309.txt item: #165 of 389 id: sacq-4367 author: Thobane, Mahlongonolo; Prinsloo, Johan title: Is crime getting increasingly violent? An assessment of the role of bank associated robbery in South Africa date: 2018-09-30 words: 5282 flesch: 47 summary: An assessment of the role of bank associated robbery in South Africa Mahlongonolo Thobane and Johan Prinsloo* kwadims@unisa.ac.za prinsjh@unisa.ac.za http://dx.doi.org/10.17159/2413-3108/2018/i65a4367 When delivering his budget speech on 14 May 2017, the Minister of Justice and Correctional Services voiced his concern that South African society was becoming increasingly violent. Apart from the lack of research, the unknown extent or so-called ‘dark figure’ of bank associated robberies poses a challenge for researchers who are trying to estimate the magnitude of the phenomenon. keywords: africa; bank; cash; crime; robberies; robbery; south; spotters; vehicle; victims cache: sacq-4367.pdf plain text: sacq-4367.txt item: #166 of 389 id: sacq-4368 author: Kilekamajenga, Ntemi Nimilwa title: Learning from contemporary examples in Africa: Referral mechanisms for restorative justice in Tanzania date: 2018-03-30 words: 6725 flesch: 31 summary: Restorative justice and its advantages Restorative justice seeks to knit together the victim, offender, family members, ‘community of care’6 and the community in the decision- making process following an offence.7 The process ensures the offender’s accountability;8 and is aimed at making things right,9 achieving repair and reconciliation, and preventing future re-offending.10 It is generally a justice paradigm that advocates for redefining crime11 and giving voice to the affected parties in the justice process.12 Under restorative justice, crime is more than the violation of the laws of the country; it is, rather, a violation of relationships between individuals that creates needs and obligations.13 See Van Ness and Strong, Restoring justice, 43, 44. 7 DJ Schmid, Restorative justice: a new paradigm for criminal justice policy, Victoria University of Wellington Law Review VUWLR, 34:1, 2002, 93. 8 M Wright, Restorative justice: the basic idea, and practice in the United States, in E Fattah and S Parmentier (eds), Victim policies and criminal justice on the road to restorative justice, Leuven: Leuven University Press, 2001, 355. 9 Ibid., 355. 10 Marshall, Restorative justice, 5; G Johnstone and DW Van Ness, The meaning of restorative justice, in G Johnstone (ed.), A restorative justice reader, 2nd edition, London: Routledge, 2013, 12. 11 Schmid, Restorative justice, 94. 12 R Young and C Hoyle, Restorative justice and punishment, in S McConville (ed.), The use of punishment, Milton: Willan Publishing, 2003, 200. 13 H Zehr, Changing lenses: a new focus for crime and justice, 3rd edition, Scottdale: Herald Press, 2005, 181. 14 Van Ness and Strong, Restoring justice, 43. 15 Schmid, Restorative justice, 93. keywords: act; cases; community; courts; criminal; ibid; justice; law; offender; process; restorative; tanzania; victim; ward cache: sacq-4368.pdf plain text: sacq-4368.txt item: #167 of 389 id: sacq-44 author: Mujuzi, Jamil Ddamulira title: Private prosecutions in Zimbabwe: Victim participation in the criminal justice system versus prosecutorial independence date: 2016-06-28 words: 5805 flesch: 40 summary: Private prosecutions in Zimbabwe and recent case law from the Supreme Court In Zimbabwe the issue of private prosecutions is not dealt with in the Constitution but in the Criminal Procedure and Evidence Act (CPEA).5 There are many sections relevant to private prosecutions in the CPEA but only those relevant to this article are discussed. Six days after the initial amendments were passed by the National Assembly and before the bill could be tabled before Senate, the Constitutional Court found the prosecutor-general guilty of contempt of court because of his refusal to issue certificates to private prosecutors. keywords: certificate; court; general; institute; issue; prosecutor; section cache: sacq-44.pdf plain text: sacq-44.txt item: #168 of 389 id: sacq-442 author: Ehmke, Ursula; du Toit-Prinsloo, Lorraine; Deysel, Christelle; Jordaan, Joyce; Saayman, Gert title: Combating drunken driving: Questioning the validity of blood alcohol concentration analysis date: 2016-09-26 words: 4355 flesch: 34 summary: 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 that were received for analysis. However, perhaps the greatest risk associated with delays in analysing blood samples lies in the fact that changes in the concentration of alcohol or drugs in such specimens may make the measured and/or reported values inaccurate and unreliable. keywords: alcohol; analysis; blood; collection; days; delays; mortuaries; pfcl; sample; study cache: sacq-442.pdf plain text: sacq-442.txt item: #169 of 389 id: sacq-4473 author: van Zyl, Nicole title: 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. date: 2018-09-30 words: 6656 flesch: 50 summary: To comment on this article visit http://www.issafrica.org/sacq.php Notes 1 Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007 (Act 32 of 2007) (SORMA), section 3. 2 Ibid., section 5. 3 N van Zyl, Sexual grooming of young girls: promise and limits of the law, Agenda, 31:2, 2017, 44. 4 S Ost, Getting to grips with sexual grooming? The new offence under the Sexual Offences Act 2003, Social and Legal Studies, 26, 2004, 147–159. 5 A McAlinden, ‘Setting ’em up’: personal, familial and institutional grooming in the sexual abuse of children, Social and Legal Studies, 15, 2006, note 3. 6 A Salter, Transforming trauma: a guide to understanding and treating adult survivors of child sexual abuse, Newbury Park: Sage Publications, 1995, 74. 7 McAlinden, ‘Setting ’em up’, 347. 8 S v Marx (2005) 4 All SA 267 (SCA). keywords: child; court; grooming; law; offender; section; sentence; sentencing cache: sacq-4473.pdf plain text: sacq-4473.txt item: #170 of 389 id: sacq-448 author: Pickles, Camilla title: Eliminating abusive 'care': A criminal law response to obstetric violence in South Africa date: 2015-01-15 words: 7695 flesch: 32 summary: These include unnecessary episiotomies or performing episiotomies after delivery solely for the purpose of training; manual revision of women’s uterine cavities without pain relief;24 inserting long-term birth control mechanisms directly after birth; collective vaginal examinations for training purposes; tying women’s legs to the delivery table; health-care providers’ failing to introduce themselves prior to treating women; and forced sterilisations.25 Coercive practices that are identified as obstetric violence include over-emphasising foetal risk when a health-care intervention is for the benefit of a pregnant woman, while understating maternal risk when the health-care intervention is for the benefit for the foetus; using social authority to silence women’s dissent to certain procedures; lying to women about the progression of labour in order to encourage Caesarean section delivery; and overriding women’s refusal of medical intervention and forcing interventions with or without court sanction.26 Procedures that are performed without consent and forced upon women may involve forceful physical control over the body of a pregnant woman, use of restraints, and further interventions such as sedation.27 Other forms of physical violence that have been labelled as obstetric violence include slapping; humiliating pregnant women by forcing them to clean the delivery room after birth; performing clitordectomies28 and virginity inspections29 where consent is socially coerced;30 and deliberate refusal of pain relief.31 Medical neglect, in the form of unattended birth at a health facility, is also identified as a form of violence inflicted on birthing women.32 Pires Lucas d’Oliveira, Diniz and Schraiber identify a number of reasons for neglect that include the attending facility lacking the resources to provide adequate care (in which case structural violence comes to the fore); staff acting unprofessionally; and staff intentionally neglecting women as a method of punishment for non-compliance with obstetric care protocols.33 There are many reasons for disrespectful and abusive care. Fifth, most of the discourse on obstetric violence falls within the realm of public provision of obstetric care. keywords: abuse; african; birth; care; childbirth; health; ibid; law; obstetric; patients; people; rights; south; violence; women cache: sacq-448.pdf plain text: sacq-448.txt item: #171 of 389 id: sacq-449 author: Gould, Chandre title: SACQ: progress towards publishing excellence date: 2015-01-15 words: 1402 flesch: 49 summary: We also urge other journals to consider adopting similar policies. While readers of medical journals may already be familiar with the concept of obstetric violence, it is not a subject that has made its way into discussions about violence in South Africa. keywords: journal; sacq; south cache: sacq-449.pdf plain text: sacq-449.txt item: #172 of 389 id: sacq-450 author: Wessels, Inge; Ward, Catherine title: A 'best buy' for violence prevention: Evaluating parenting skills programmes date: 2015-01-15 words: 6984 flesch: 45 summary: This article outlines a process for gauging the extent to which parenting programmes incorporate evidence-based practices, which may then assist in identifying promising programmes. iNStitute for SeCurity StuDieS18 This article outlines how an understanding of the state of parenting programmes in South Africa was gained through investigating the use of evidence- based practices, a process that could certainly be applied to other types of prevention programming with minimal adjustment. keywords: content; evaluation; evidence; facilitators; parenting; parents; practices; prevention; programme; south; support; training; violence cache: sacq-450.pdf plain text: sacq-450.txt item: #173 of 389 id: sacq-4509 author: Omar, Jameelah title: Testing the judiciary's appetite to reimagine protest law: A case note on the SJC10 case date: 2018-03-30 words: 5472 flesch: 54 summary: 2 N Ally, Failing to respect and fulfil: South African law and the right to protest for children, South African Crime Quarterly, 62, 2017; A Skelton and M Nsibirwa, #SchoolsOnFire: criminal justice responses to protests that impede the right to basic education, South African Crime Quarterly, 62, 2017; J Omar, A legal analysis in context: the Regulation of Gatherings Act – a hindrance to the right to protest?, South African Crime Quarterly, 62, 2017; L Chamberlain and G Snyman, Lawyering protest: critique and creativity – where to from here in the public interest legal sector, South African Crime Quarterly, 62, 2017. 5 Regulation of Gatherings Act, section 1. 6 S v Phumeza Mlungwana and 20 Others 14/985/2013, para. keywords: act; court; notice; para; protest; right; section cache: sacq-4509.pdf plain text: sacq-4509.txt item: #174 of 389 id: sacq-451 author: Dereymaeker, Gwen title: Making sense of the numbers: Civil claims against the SAPS date: 2015-01-15 words: 8201 flesch: 49 summary: 29SA Crime QuArterly No. 54 • DeC 2015 Making sense of the numbers Civil claims against the SAPS * Gwen Dereymaeker* g.dereymaeker@gmail.com http://dx.doi.org/10.17159/2413-3108/2015/i54a451 The South African Police Service (SAPS) has in recent years reported a substantial annual increase in civil claims filed for damages as a result of actions or omissions by its officials, and an even larger increase in claims pending. keywords: amounts; arrests; claims; number; police; report; saps; total; value; year cache: sacq-451.pdf plain text: sacq-451.txt item: #175 of 389 id: sacq-452 author: Howell, Simon; Harker-Burnhams, Nadine; Townsend, Loraine; Shaw, Mark title: The wrong type of decline: Fluctuations in price and value of illegal substances in Cape Town date: 2015-01-15 words: 7436 flesch: 44 summary: The wrong type of decline Fluctuations in price and value of illegal substances in Cape Town * Simon Howell and Mark Shaw are based at the Centre of Criminology at the University of Cape Town. The expansion of this illegal economy may have an impact, among others, on the reported arrest rates relating to illegal substances, which in South Africa have increased 181.6% over the last 10 years.6 However, the country’s policy framework is tentatively shifting from punitive regulatory approaches to harm reduction-based strategies.7 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. keywords: africa; areas; data; drug; prices; south; study; substances; use; users; value cache: sacq-452.pdf plain text: sacq-452.txt item: #176 of 389 id: sacq-453 author: Hargovan, Hema title: Violence, victimisation and parole: Reconciling restorative justice and victim participation date: 2015-01-15 words: 6980 flesch: 34 summary: While restorative justice activity in prison settings is gradually on the increase globally,30 there is scepticism and ambivalence about the ‘possibility of integrating the constructive ethos of restorative justice within a punishment-based social institution such as the prison’.31 Some writers and practitioners suggest that a choice has to be made between the two, while others visualise both working together, and iNStitute for SeCurity StuDieS58 hold that these ‘tensions’ should not be seen as an obstacle to transforming the ethos of prisons.32 This is because restorative justice challenges the belief that ‘wrongdoers deserve pain’ and suggests that ‘the practice of imprisonment might itself be reformed so that it serves restorative rather than punitive functions’.33 Guidoni suggests it is more likely that limited aspects of restorative justice will be temporarily adopted, ‘which are then used to add legitimacy to an institution which remains essentially punitive’, than that prisons can be transformed in line with restorative justice principles.34 Restorative justice in the prison context may appear as prison programmes that teach skills such as alternatives to violence and victim awareness, community service work performed by prisoners and victim offender mediation, and may even see prisons adopting, albeit rarely, a complete restorative justice philosophy.35 Of relevance to this article are the insights provided by Gail Super in the South African context. Restorative justice in custodial settings One reason for the rediscovery of restorative justice in the last century is that victims of crime were formerly completely excluded by the criminal justice system. keywords: act; africa; crime; criminal; dcs; justice; offender; parole; prison; process; restorative; services; south; system; victims cache: sacq-453.pdf plain text: sacq-453.txt item: #177 of 389 id: sacq-454 author: du Toit, Carina title: S v SN unreported car no 141114/14 (WCC): Sentencing child offenders after they turn 18 date: 2015-01-15 words: 5489 flesch: 52 summary: Sentencing child offenders after they turn 18 Carina du Toit and Zita Hansungule* carina.dutoit@up.ac.za zita.Hansungule@up.ac.za http://dx.doi.org/10.17159/2413-3108/2015/i54a454 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. It is established law that child offenders should be afforded special treatment and given sentences that are more lenient than those imposed on adults.1 The Constitutional Court has embedded child-centred sentencing principles through its judgements by applying section 28 of the Constitution to child offenders.2 keywords: child; child justice; child law; court; ibid; section; sentencing cache: sacq-454.pdf plain text: sacq-454.txt item: #178 of 389 id: sacq-455 author: Kok, Annie; van der Spuy, Elrena title: South African inquiries into policing: 1910-2015 date: 2016-01-15 words: 15657 flesch: 45 summary: AA South AfricAn inquirieS into policing, 1910-2015 South African inquiries into policing, 1910-2015 Contents Introduction ��������������������������������������������������������������������������������������������������������������������������������������������������������������������������������1 Inquiries ��������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������4 report of the Witwatersrand Disturbances commission ������������������������������������������������������������������������������������������������������������4 report of the commission appointed to enquire into Assaults on Women ��������������������������������������������������������������������������������4 report of the indian enquiry commission ����������������������������������������������������������������������������������������������������������������������������������5 the public Service commission of inquiry ����������������������������������������������������������������������������������������������������������������������������������5 report of the Select committee on police Striking and recruiting ��������������������������������������������������������������������������������������������5 report of the commissioner appointed to hold an enquiry regarding alleged ill-treatment of natives by members of the police force during the recent native unrest at Johannesburg ����������������������������������������������������������������������������������������������������6 report of the commissioners appointed to enquire into the causes of, and occurrences at, the native disturbance at port elizabeth on 23 october 1920, and the general economic conditions as they affect the native and coloured population ��������6 interim and final reports of the native Affairs commission and telegram from commissioner, South African police, relative to ‘israelites’ at Bulhoek and occurrences in May 1921 ������������������������������������������������������������������������������������������������6 report of the commission appointed to enquire into the rebellion of the Bondelzwarts ����������������������������������������������������������7 commission of inquiry into native riots at Bloemfontein ������������������������������������������������������������������������������������������������������������7 report of the commission of enquiry into the organisation of the South African police force, established under Act no� 14 of 1912 ����������������������������������������������������������������������������������������������������������������������������������������������������������������������7 report of the commission of enquiry into the native riots at Durban on the 17th and 18th June 1929 �������������������������������������8 interim and final reports of the commission of inquiry to inquire into certain matters concerning the South African police and the South African railways and harbours police�����������������������������������������������������������������������������������������������������������������8 Annie Kok and Elrena van der Spuy Centre of Criminology University of Cape Town BSouth AfricAn inquirieS into policing, 1910-2015 B report of the commission into the riots and Disturbances at Vereeniging on 18–19 Sept 1937 ����������������������������������������������9 report of the commission appointed to enquire into the riots which took place in Johannesburg on 31 January 1941, and 1 february 1941 �������������������������������������������������������������������������������������������������������������������������������������������������������������������9 Judicial commission of enquiry – pretoria municipal riot of 28 December 1942 report �����������������������������������������������������������9 report of the commission to enquire into the disturbances of the 30th August, 1947, at the Moroka emergency camp, Johannesburg ����������������������������������������������������������������������������������������������������������������������������������������������������������������������������10 report of commission of enquiry into riots in Durban ������������������������������������������������������������������������������������������������������������10 report of the commission appointed to enquire into Acts of Violence committed by natives at Krugersdorp, newlands, randfontein, and newclare �������������������������������������������������������������������������������������������������������������������������������������������������������10 report of the commission of enquiry into Allegations against Members of the South African police �������������������������������������11 report of the commission of enquiry into the Disturbances in the Witzieshoek native reserve ��������������������������������������������11 report of the Departmental committee of enquiry on pensions (South African police force) �������������������������������������������������12 report of the commission appointed by the city council of Johannesburg to enquire into the causes and circumstances of the riots which took place in the vicinity of the Dube hostel in the South-Western native township over the weekend 14/15 September 1957 ��������������������������������������������������������������������������������������������������������������������������������������������������������������12 report of the commission Appointed to investigate and report on the occurrences in the Districts of Vereeniging, namely at Sharpeville location, and evaton, and Vanderbijlpark, province of the transvaal, on 21st March, 1960 �����������������13 report of the commission of enquiry into the events in langa location, district of Wynberg, cape of good hope, on 21st March 1960 Report of the Witwatersrand Disturbances Commission Established: July 1913 Cd 7112 UG 56/1913 (minutes) Judicial Commission of Inquiry Sir Johannes W Wessels Charles G Ward Finalised: Sept 1913 Judge Judge Terms of reference ‘To inquire into and report upon the following: (1) The causes leading to public disorder during the period of 13 June 1913 to 5 July 1913. keywords: african; commission; context; durban �; established; finalised; force; inquiries; inquiry �; johannesburg �; khayelitsha �; kwandebele �; members; police; policing; public; reference; report; south; terms; uitenhage �; violence cache: sacq-455.pdf plain text: sacq-455.txt item: #179 of 389 id: sacq-456 author: De Haas, Mary Elizabeth title: The killing fields of KZN: Local government elections, violence and democracy in 2016 date: 2016-09-26 words: 6965 flesch: 47 summary: The violence that engulfed kzn in the 1980s and early 1990s continued for several years after the 1994 elections, with an estimated 4 000 deaths between May 1994 and December 1998.1 Most of the violence occurred between the AnC and the Inkatha Freedom Party (IFP), but in the Richmond area in particular many deaths were linked to internecine AnC violence before and after it expelled warlord Sifiso nkabinde in 1997.2 Elections have since been periods of tension, requiring the presence of state security in volatile areas. 15 See, e.g., Bongani Hans, Candidates’ race turns ugly, The Witness, 15 December 2010; Bongani Hans, Cops open fire at AnC meeting, The Witness, 14 February 2015, re: conflict over party lists; Mayibongwe Maqhina, kzn AnC must redo elections, The Witness, 3 January 2013; City Press, AnC http://reference.sabinet.co.za/document/EJC34819 www.violencemonitor.com/?p=8 www.nfp.org.za/16.National-Freedom-Party-Matopma;-Structure-Leadership.htm www.nfp.org.za/16.National-Freedom-Party-Matopma;-Structure-Leadership.htm www.violencemonitor.com/?p=272 www.ngopulse.org/sites/defaut/files/Election%20Response%202009(3)pdf www.ngopulse.org/sites/defaut/files/Election%20Response%202009(3)pdf iNStitute for SeCurity StudieS & uNiverSity of CAPe towN52 battles report riots, 2 June 2013, re: reaction to the DLamini- zuma inquiry. keywords: anc; author; councillor; daily; elections; glebelands; government; hostel; january; july; june; kzn; mchunu; news; party; residents; violence; witness cache: sacq-456.pdf plain text: sacq-456.txt item: #180 of 389 id: sacq-46 author: Kriegler, Anine; Shaw, Mark title: Comfortably cosmopolitan? How patterns of 'social cohesion' vary with crime and fear date: 2016-04-05 words: 6730 flesch: 40 summary: According to Johannesburg’s Customer Satisfaction Survey data, about half of the 119 randomly selected Cosmo City ward residents polled had had a brick or concrete house as their previous dwelling before moving to Cosmo City, 26% had lived in an informal dwelling in an informal settlement, and 12% in an informal dwelling in the backyard of a formal dwelling.44 However, the promotional documents and interviews with the private and city role players suggest that racial or ethnic diversity never featured in the inclusiveness goals or outcomes for Cosmo City.45 The overwhelming majority of Cosmo City residents are still the ‘previously disadvantaged’.46 It is over 97% black African, less than 1% coloured, and less than 0.5% white or Indian and Asian respectively.47 The questions in the two surveys are not perfectly comparable, but there is some indication that Cosmo City residents are less fearful of crime than the national average. keywords: city; cohesion; community; cosmo; cosmo city; crime; development; fear; housing; residents; social; south; survey; victimisation cache: sacq-46.pdf plain text: sacq-46.txt item: #181 of 389 id: sacq-4706 author: Luwaya, Nolundi; Moult, Kelley; Jefthas, Diane; Jere, Vitima title: Nick Simpson and Vivienne Mentor-Lalu date: 2018-03-30 words: 5043 flesch: 67 summary: NS: Joelien Pretorius, a professor in political studies at the University of the Western Cape, recently wrote an op-ed in The Conversation saying that to treat water security as a safety and security issue is problematic and dangerous because there are ways of responding within a security frame that might not necessarily be appropriate to the humanitarian type responses that are needed. So if you want to cut across it, you can look at the private solutions that people are engaging in based on their own ability, compared to improving the public provision of water security and water goods. keywords: cape; cls; crisis; government; people; security; water; women cache: sacq-4706.pdf plain text: sacq-4706.txt item: #182 of 389 id: sacq-4736 author: Moult, Kelley title: Editorial: Change, Continuity, Challenges date: 2018-03-30 words: 1141 flesch: 46 summary: Shifting focus to questions of narratives and perceptions, and picking up on themes raised as part of the December 2017 special edition on protest, Peter Alexander, Carin Runciman, Trevor Ngwane, Boikanyo Moloto, Kgothatso Mokgele and Nicole van Staden draw our attention to the frequency and turmoil of community protests between 2005 and 2017. Comparing the data collected by the Centre for Social Change’s archive of media reports with other sources of protest statistics, these authors not only show that South Africa is experiencing a rising number of community protests, and that these protests are increasingly disruptive and/or violent, but also raise questions about the ways in which community protests are measured and represented in the media and elsewhere. keywords: change; crisis; justice; questions cache: sacq-4736.pdf plain text: sacq-4736.txt item: #183 of 389 id: sacq-4870 author: Osman, Fatima title: The third time a charm? Traditional Courts Bill 2017 date: 2018-06-29 words: 5725 flesch: 42 summary: 12 S Mnisi Weeks, The Traditional Courts Bill: controversy around process, substance and implications, South African Crime Quarterly, 35, 2011, 2, 7; Himonga and Manjoo, The challenges of formalisation, regulation, and reform of traditional courts in South Africa, 175; LRC, Submission to the Portfolio Committee on Justice and Constitutional Development re Traditional Courts Bill 15 of 2008, 3–5. 13 Traditional Leadership and Governance Framework Act 2003 (Act 41 of 2003). 41 Himonga and Manjoo, The challenges of formalisation, regulation, and reform of traditional courts in South Africa, 178. 42 TW Bennett and RT Nhlapo, Submission in respect of the Traditional Courts Bill, LARC, 6 May 2008, http://www. larc.uct.ac.za/sites/default/files/image_tool/images/347/ Submissions/legal_submission_nhlapo_bennett_2008.pdf (accessed 21 May 2018). keywords: bill; courts; courts bill; individuals; justice; law; south; traditional cache: sacq-4870.pdf plain text: sacq-4870.txt item: #184 of 389 id: sacq-4884 author: Muntingh, Lukas title: Modest beginnings, high hopes: The Western Cape Police Ombudsman date: 2018-06-29 words: 6265 flesch: 33 summary: 59 Office of Western Cape Police Ombudsman, Annual report 2015–16, 39. 60 Ibid., 37. 61 Western Cape Community Safety Act 2013, section 13 (1) (b-d). Since 2011 the INSTITUTE FOR SECURITY STUDIES & UNIVERSITY OF CAPE TOWN18 Western Cape government has commenced with a number of initiatives to address crime and safety, such as provincial safety legislation and monitoring work done by the provincial department of community safety. keywords: act; cape; community; complaints; constitution; national; ombudsman; police; safety; section cache: sacq-4884.pdf plain text: sacq-4884.txt item: #185 of 389 id: sacq-4895 author: Ross, Eleanor; Rasool, Shahana title: ‘You go to campus with fear and come back with fear’: university students’ experiences of crime date: 2019-06-30 words: 8477 flesch: 53 summary: While the majority of studies on campus crime have taken the form of large-scale quantitative surveys, analysed via inferential statistics, a lacuna in the research literature is the paucity of qualitative phenomenological studies, which allow the voices of targets of crime to be heard. The assumption underpinning the study was that we would be able to interpret the findings in respect of kinds of crime, impact on students, their coping strategies and their recommendations, based on the two theories underpinning the study, thereby contributing to the growing body of research on campus crime. keywords: activity; campus; crime; fear; guardianship; police; security; social; south; strategies; students; studies; study; theory; university; victims cache: sacq-4895.pdf plain text: sacq-4895.txt item: #186 of 389 id: sacq-49 author: Pinnock, Don title: To be a somebody: Probing roots of community in District Six date: 2016-04-05 words: 7058 flesch: 62 summary: By the 1920s Cape Town’s administrators were describing the march of the poor into Cape Town as ‘formidable’.7 In 1936 the official census put the population of District Six at 22 440 and in 1946 at 28 377.8 Four years later the figure was around 40 000.9 11 Interview with Sergeant Willem Nel, former head of the Police Special Squad, District Six, Cape Town, 1981. keywords: area; cape; cape town; children; city; community; crime; district; families; family; flats; gang; globe; group; people; pinnock; residents; town cache: sacq-49.pdf plain text: sacq-49.txt item: #187 of 389 id: sacq-4927 author: Mokoena, Untalimile Crystal Nyathi; Lubaale, Emma Charlene title: Extradition in the absence of state agreements: Provisions in international treaties on extradition date: 2019-05-15 words: 7271 flesch: 41 summary: It is worth noting that some of these states lack extradition treaties with each other. Overall, what is the standing of international treaty clauses on extradition for states without extradition treaties? had been issued. keywords: africa; article; convention; extradition; international; law; provisions; south; south africa; states; treaties; uncac cache: sacq-4927.pdf plain text: sacq-4927.txt item: #188 of 389 id: sacq-4951 author: Liebenberg, Jade; du Toit-Prinsloo, Lorraine; Saayman, Gert; Steenkamp, Vanessa title: Drugged driving in South Africa: An urgent need for review and reform date: 2019-05-15 words: 7791 flesch: 32 summary: An integrated approach of support and collaboration is necessary between relevant participating role players (law enforcement agencies, health care workers and medical professionals, forensic scientists as well as prosecutorial authorities) in order to revise existing legislation and develop a standardised and realistic protocol-driven approach to reduce drug impaired driving in South Africa. INSTITUTE FOR SECURITY STUDIES & UNIVERSITY OF CAPE TOWN10 project in Europe indicate an increase in the relative risk of being seriously injured or killed when testing positive for drugs, particularly in the case of multiple drug use or drug use in combination with alcohol: a highly increased risk (5–30 times higher) was reported for amphetamines, followed by a medium increased risk (2–10 times higher) for cocaine, illicit opiates, benzodiazepines, sedatives and medicinal opioids.24 keywords: africa; alcohol; blood; drivers; driving; drugs; et al; influence; laws; national; risk; road; south; south africa; substances; testing; traffic; use cache: sacq-4951.pdf plain text: sacq-4951.txt item: #189 of 389 id: sacq-51 author: Lancaster, Lizette; Kamman, Ellen title: Risky localities: Exploring a methodology for measuring socio-economic characteristics of high murder areas date: 2016-06-28 words: 4898 flesch: 42 summary: Crime rates (per 100 000 population) are made available on a provincial and national level. Calculating crime rates 3. keywords: analysis; crime; data; level; murder; number; population; precinct; rate; variables cache: sacq-51.pdf plain text: sacq-51.txt item: #190 of 389 id: sacq-5218 author: Dixon, Bill (William) title: Book Review: Andrew Faull and Sindiso Mnisi Weeks date: 2018-06-29 words: 3103 flesch: 44 summary: Unlike Police work, Sindiso Mnisi Weeks’s book Access to justice and human security: cultural contradictions in rural South Africa (Access hereafter) has no obvious roots in the conventional canon of criminology, rather 57SA CRIME QUARTERLY NO. Mnisi Weeks’s research began life as a study of how ordinary people in rural South Africa get access to justice (in the sense of being able to approach bodies that follow due process and deliver fair outcomes) against the background of a Bill to reform ‘traditional courts’ first introduced in Parliament in 2008.5 But her book is about much more than this and, as she argues in the final chapter, under the conditions of extreme social and economic precarity (as Faull would have it) prevailing in Msinga, the most pressing need of its residents is for human security: keywords: crime; faull; justice; police; saps; security; south cache: sacq-5218.pdf plain text: sacq-5218.txt item: #191 of 389 id: sacq-5254 author: Moult, Kelley title: Ncedo Ntsasa Mngqibisa and Guy Lamb date: 2018-06-29 words: 5330 flesch: 65 summary: Our plan was to enrol participants, and then use cell phone numbers to keep in contact. A challenge here, though, is that projects already come with timeframes that determine when you need to start and finish a project. keywords: area; community; data; people; project; research; study cache: sacq-5254.pdf plain text: sacq-5254.txt item: #192 of 389 id: sacq-5261 author: Moult, Kelley title: Editorial: Governance and justice - Southern edition: Governance and justice: Southern edition date: 2018-06-29 words: 1944 flesch: 35 summary: Andrew Faull’s ethnography about the working lives and professional identities of the SAPS members entitled Police work and identity: a South African ethnography; and Sindiso Mnisi Weeks’s in-depth exploration of what she terms ‘vernacular dispute management forums’ in Msinga in rural KwaZulu-Natal, called Access to justice and human security: cultural contradictions in rural South Africa. In the months since Jacob Zuma’s much-anticipated departure from the presidency, President Cyril Ramaphosa has raised concerns about the collapse of governance, arguing that the state’s institutions are failing to deliver, and have consequently lost credibility and the trust of South Africa’s people.2 keywords: africa; bill; justice; police; research; south cache: sacq-5261.pdf plain text: sacq-5261.txt item: #193 of 389 id: sacq-5268 author: Nanima, Robert Doya title: A missing link in the Traditional Courts Bill 2017: Evidence obtained through human rights violations date: 2018-09-30 words: 5564 flesch: 45 summary: There is a wealth of literature on the application of section 35(5) of the Constitution of the Republic of South Africa, yet insights on its application to traditional courts remain a grey area.3 The attempts by the Executive to formalise the operation of traditional courts, and use the Bill of Rights as a foundational principle, point to the need for a clear framework on how to deal with evidence obtained as a result of human rights violations. keywords: application; bill; cases; courts; evidence; law; rights; section; tcb cache: sacq-5268.pdf plain text: sacq-5268.txt item: #194 of 389 id: sacq-5289 author: Barit, Shimon; du Toit-Prinsloo, Lorraine; Saayman, Gert title: Deaths due to police action and custody deaths: a persistent problem in Pretoria, South Africa date: 2020-09-28 words: 5436 flesch: 42 summary: Although agencies like IPID and the JICS regularly prepare official reports that review deaths due to police action and other deaths in custody, there has been little reporting in South Africa on findings emanating from the medico-legal investigation performed by forensic medical practitioners. – 13SA CRIME QUARTERLY NO. 69 • 2020 Deaths due to police action and deaths in custody A persistent problem in Pretoria, South Africa South African In 2013, South Africa had the second highest rate of imprisonment in Africa. keywords: action; africa; cases; custody; deaths; investigation; medico; police; service; south; study cache: sacq-5289.pdf plain text: sacq-5289.txt item: #195 of 389 id: sacq-5574 author: Moult, Kelley title: On the Record: Nicolette Naylor & Sibongile Ndashe date: 2018-09-30 words: 5236 flesch: 68 summary: When sexual harassment was first coined as a term in the US in 1979 by Katherine McKinnon, they went through a process where they went through many cases to try to establish this as a form of discrimination. A lot of case law in the US debated this, bringing different cases and different fact patterns that the courts and supreme court had to grapple with. keywords: agreements; cases; discrimination; harassment; law; people; women cache: sacq-5574.pdf plain text: sacq-5574.txt item: #196 of 389 id: sacq-5597 author: Holness, Willene title: Hate crime based on disability in South Africa: Lessons for law reform date: 2021-05-22 words: 7607 flesch: 26 summary: 2 – 11SA CRIME QUARTERLY NO. 70 • 2021 Hate crime based on disability in South Africa Lessons for law reform South African When contemplating whether to introduce disability hate crime as a new substantive offence or as a penalty enhancement of existing crimes, legislators should consider the peculiarities of reporting, investigating and prosecuting hate crimes perpetrated against disabled people. This article argues that existing laws on sexual offences, domestic violence, harassment, and unfair discrimination should be strengthened, and research should be conducted to identify the appropriate initiatives to prevent and attend to disability hate crime by and with persons with disabilities. keywords: act; africa; bill; crime; criminal; disabilities; disability; disability hate; hate; hate crime; justice; law; offence; people; persons; rights; south; south africa; violence cache: sacq-5597.pdf plain text: sacq-5597.txt item: #197 of 389 id: sacq-5612 author: Moult, Kelley; Jefthas, Diane title: Editorial: Hard questions, big challenges date: 2018-09-30 words: 1298 flesch: 42 summary: Nanima reviews the current Bill, and reflects on the challenges that arise with regard to evidence obtained in this way, discussing the practical difficulties of applying section 35(5) of the Constitution of the Republic of South Africa under the TCB’s framework. A relatively unknown phenomenon in public discourse on crime in South Africa, these robberies are of particular concern to the banking industry and criminal justice practitioners owing to their violent, traumatic nature and dramatic increase that put the general public at risk. keywords: africa; crime; evidence; south cache: sacq-5612.pdf plain text: sacq-5612.txt item: #198 of 389 id: sacq-5615 author: van der Spuy, Elrena title: Annelise Burgess: Heist! South Africa's Cash in Transit epidemic uncovered. date: 2018-09-30 words: 1551 flesch: 55 summary: The trouble with organised crime: Heist! illuminates too the connections between the illicit and licit – between gun-wielding perpetrators, criminal networks and corrupt elements within the police and prosecutorial services. It also poses a challenge to us all as we search for an appropriate balance between rich description of the complexity of crime dynamics; sound explanations that recognise both structure and agency; and policy-orientated interventions that can begin to contain the costs associated with organised forms of criminality. keywords: burgess; cash; crime; heist; security; transit cache: sacq-5615.pdf plain text: sacq-5615.txt item: #199 of 389 id: sacq-5622 author: Dastile, Nontyatyambo Pearl; Agozino, Biko title: Decolonizing incarcerated women’s identities through the lens of prison abolitionism date: 2019-06-30 words: 7168 flesch: 43 summary: 36 M Ogundipe-Leslie, African women, culture and development, in SM James and APA Busia (eds), Theorising Black feminisms: The visionary pragmatism of Black women, London: Routledge, 1995,103. 37 Ibid. Most of the participants were Black women. keywords: africa; analysis; black; crime; education; experiences; ibid; identities; incarceration; justice; sample; social; south; university; women cache: sacq-5622.pdf plain text: sacq-5622.txt item: #200 of 389 id: sacq-5623 author: Kaziboni, Anthony title: The Lindela Repatriation Centre, 1996–2014: Applying theory to the practice of human rights violations date: 2019-04-18 words: 7510 flesch: 49 summary: 61 P Sukhraj, Lindela scandal, The Star, 24 August 2005, 1; C van Grass, Minister orders probe into Lindela deaths, Business Day, 25 August 2005, 5; P Zvomuya, From terror to misery, Weekly Mail & Guardian, 25 August 2005, 12; The Star, Hapless illegals, 25 August 2005, 20; P Mgwamba, Asylum seekers are people too, Pretoria News, 25 August 2005, 21. 62 B Peta, Lindela deaths could have been avoided, says report, Sunday Independent, 30 October 2005, 2. 63 D Mahlangu, Illegal immigrants’ bodies to be dug up and tested, Sunday Times, 30 October 2005, 11. 64 Amit and Zelada-Aprili, Breaking the law, breaking the bank. 28 A Duffy, Riot on eve of detention-camp probe, Weekly Mail & Guardian, 12[18] December 1997, 10. 29 G Gifford, Accusations of corruption, cruelty at Lindela camp, The Star, 15 October 1997, 5. 30 M Isaacson, Illegal immigrants fume at their treatment in Lindela, Sunday Independent, 3 September 2006, 9. 31 Ancer and Smillie, Litany of abuse at Lindela. 32 C Prince, Lindela ‘hell’ ignored, The Times, 8 June 2012, 1. 33 U Ho, Stateless and stuck in limbo, Saturday Star, 1 March 2014, 3. 34 Gifford, Accusations of corruption. keywords: africa; agamben; articles; centre; data; detainees; detention; human; life; lindela; migrants; repatriation; rights; security; south; star; state; studies cache: sacq-5623.pdf plain text: sacq-5623.txt item: #201 of 389 id: sacq-5632 author: Marqua-Harries, Lisa; Stewart, Grant; Padayachee, Venessa title: Towards transforming a system: re-thinking incarceration for youth (and beyond) date: 2019-06-30 words: 4974 flesch: 38 summary: 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. Grounded in restorative justice, these policy documents aimed to fundamentally change the way in which children in conflict with the law were to be treated.18 There is a gap, though, between intentions, policies and practice. keywords: africa; crime; criminal; justice; justice system; new; punishment; restorative; south; system; trauma; violence cache: sacq-5632.pdf plain text: sacq-5632.txt item: #202 of 389 id: sacq-5633 author: Masiangoako, Thato title: Rationalizing injustice: The reinforcement of legal hegemony in South Africa date: 2019-04-18 words: 6970 flesch: 43 summary: 7 LB Nielsen, Situating legal consciousness: experiences and attitudes of ordinary citizens about law and street harassment, Law & Society Review, 34, 2000, 1055–90; D Cowan, Legal consciousness: some observations, The Modern Law Review, 67:6, 2004, 928–958; M Hertogh, A ‘European’ conception of legal consciousness: rediscovering Eugen Ehrlich, Journal of Law and Society, 31:4, 2004, 457–481; K Hull, Legal consciousness in marginalized groups: the case of LGBT people, Law & Social Inquiry, 2016; D Engel and J Engel, Tort, custom, and karma: globalization and legal consciousness in Thailand, Palo Alto: Stanford University Press, 2010; LJ Abrego, Legal consciousness of undocumented Latinos: fear and stigma as barriers to claims-making for first- and 1.5-generation immigrants, Law & Society Review, 45:2, 2011, 337–70; A Kubal, Migrants’ relationship with law in the host country: exploring the role of legal culture, Journal of Intercultural Studies, 34:1, 2013, 55–72. In expanding the application of legal consciousness and introducing it to the South African context, we are provided with a new and perhaps decolonial approach to how we study our criminal justice system, as well as to the broader perceptions of law in South Africa. keywords: activists; africa; consciousness; criminal; detention; experiences; justice; law; south; south africa; system cache: sacq-5633.pdf plain text: sacq-5633.txt item: #203 of 389 id: sacq-5634 author: Mokoena, Untalimile Crystal Amenda; Lubaale, Emma Charlene title: Decolonising prisons in South Africa: The need for effective bail affordability inquiries date: 2019-04-18 words: 6295 flesch: 43 summary: Prison overcrowding is exacerbated by the fact that sufficient inquiry is not always held into the affordability of bail for the poor, who often cannot afford bail money and end up in detention. Although Karth’s report suggested that there was no (geographic) nexus between high amounts of bail money and prison overcrowding, the report did reveal that a high rate of cases of non-affordability of bail existed in one of the Durban regional courts, with one in four accused being unable to pay the amount determined by the court. keywords: accused; africa; bail; detention; justice; law; prisons; section; south; trial cache: sacq-5634.pdf plain text: sacq-5634.txt item: #204 of 389 id: sacq-5649 author: Nako, Nontsasa title: Editorial: Decolonising the South African Prison date: 2019-04-18 words: 1829 flesch: 33 summary: The authors conclude that with the remand detainee population so high in South African prisons, the existing instruments that protect the rights of detainees, including the right to liberty, the right to be presumed innocent, the right to equality and the right to be detained only as a measure of last resort, should be utilised in order to bring South Africa in line with international human rights law. 3SA CRIME QUARTERLY NO. 66 • DECEMBER 2018 Editorial Decolonising the South African prison Prisons have been in the news in South Africa in the past two years: from the stripper scandal,1 where saucily dressed women were snuck into Johannesburg Correctional Centre to entertain the inmates, to frequent reports of stabbings in prisons across the country, and of course, the unrest at the St Albans Maximum Security Prison in Port Elizabeth, where three inmates lost their lives at the end of 2016.2 More recently, prisons made headlines with the revelations at the Commission of Enquiry into State Capture about massive corruption involving high-ranking government and ANC officials, and a security company called Bosasa (now African Global Operations), which manages detention facilities in South Africa. keywords: crime; decolonisation; prison; south; state cache: sacq-5649.pdf plain text: sacq-5649.txt item: #205 of 389 id: sacq-5710 author: Madi, Palesa Rose; Mabhenxa, Lubabalo title: Possibly unconstitutional? The insistence on verification of addresses in bail hearings date: 2019-04-18 words: 6842 flesch: 36 summary: In addition, the lack of a verifiable and/or fixed address affects the judge’s assessment of whether such an accused is likely to evade trial.3 Accused persons who can provide information about community and family ties, or who are permanently employed, or who can prove ownership of assets, are much less likely to be deemed a flight risk than those who cannot.4 A fixed residential address and the ownership of assets, while different, are both indicators of an accused’s economic status, and adjudicating bail applications on this basis discriminates against accused persons and runs counter to international human rights provisions and constitutional rights.5 South Africa already has a very high number of people in remand detention. Courts of law are frequently criticised for denying bail to accused persons. keywords: accused; address; article; bail; detention; human; ibid; law; rights; section; south cache: sacq-5710.pdf plain text: sacq-5710.txt item: #206 of 389 id: sacq-5711 author: Brooks, Heidi title: Democracy and its discontents: Protest from a police perspective date: 2019-05-15 words: 6784 flesch: 51 summary: Reflecting on struggles that they have as police officers, she laughed quietly, ‘Even for us, I wish we could protest! For him, political leaders were making empty promises to communities simply to get votes.61 Another officer in POP expressed: ‘As police officers, we are put between a rock and a hard place. keywords: africa; democracy; democratic; interview; officers; people; police; policing; protest; rights; saps; south cache: sacq-5711.pdf plain text: sacq-5711.txt item: #207 of 389 id: sacq-6108 author: Hagglund, Kirstin; Khan, Franaaz title: Reformulating dolus eventualis: Guidance from America and Germany date: 2020-09-28 words: 6430 flesch: 42 summary: 104 M Dubber and T Hörnle, Criminal law: a comparative approach, Oxford, Oxford University Press, 2014, 242. 105 Taylor, Concepts of intention in German criminal law, 116. 106 Loubser and M Rabie, Defining dolus eventualis, 433. 107 Hoctor, The degree of foresight in dolus eventualis, 139. 108 Pain, Some reflections on our criminal law. 21 Kemp et al, Criminal law in South Africa, 190. INSTITUTE FOR SECURITY STUDIES & UNIVERSITY OF CAPE TOWN2 – 10 22 Hoctor, The degree of foresight in dolus eventualis, 132–133. 23 1985 (3) SA 677 (A) at 685A-B. 24 Ibid at 686B-C. 25 EM Burchell and PMA Hunt, South African criminal law and procedure Vol I: General principles of criminal law, 2nd ed, Cape Town: Juta, 1983, 373. 26 Kemp et al, Criminal law in South Africa, 201. 27 JM Burchell, Principles of criminal law, 4th ed, Cape Town: Juta, 2013, 374. keywords: accused; conduct; death; dolus; eventualis; foresight; law; murder; possibility; risk cache: sacq-6108.pdf plain text: sacq-6108.txt item: #208 of 389 id: sacq-6242 author: Nako, Nontsasa title: On the record with Judge Jody Kollapen date: 2019-04-18 words: 2031 flesch: 65 summary: So, particularly in respect of prisons, would decolonisation mean completely rethinking prison or would it mean making prison less inhospitable, if I can use that word? JK: I think you need to completely rethink it because if you work on the basis of simply reforming the institutions then you don’t deal with the question of who is entering those institutions. My first question is what you think decolonisation would mean when it comes to penal systems, detention centres, prisons and the criminal justice system? Judge Jody Kollapen (JK): Maybe I would need to first understand what is meant by the term decolonisation. keywords: prison; public; system cache: sacq-6242.pdf plain text: sacq-6242.txt item: #209 of 389 id: sacq-6347 author: Kinnes, Irvin title: Marie Rosenkrantz Lindegaard date: 2019-05-15 words: 3774 flesch: 50 summary: As Lindegaard explains:11 This book is about young men I got to know during my ethnographic fieldwork in Cape Town who behave like chameleons. Suburban repertoires see young men escape and run away from the conflict, like one of her subjects who is not considered streetwise. keywords: book; cape; crime; gangs; lindegaard; men; mobility; town; violence cache: sacq-6347.pdf plain text: sacq-6347.txt item: #210 of 389 id: sacq-6348 author: Moult, Kelley title: Promises (and lies)? Elections, commissions of inquiry and the state of criminal justice in 2019. date: 2019-05-15 words: 1389 flesch: 41 summary: Criminal justice agencies have been at the forefront of many shocking disclosures which have included — as if coming off the pages of a crime novel — Russian assassination squads, rogue police units, prostitution rings operating inside prisons, break-ins at non-governmental organisations, and slush funds. 3SA CRIME QUARTERLY NO. 67 • MARCH 2019 Promises and lies? Elections, commissions of inquiry and the state of criminal justice in 2019 keywords: corruption; crime; justice; police; south cache: sacq-6348.pdf plain text: sacq-6348.txt item: #211 of 389 id: sacq-6380 author: Swemmer, Sheena title: Justice denied? Prosecutors and presiding officers' reliance on evidence of previous sexual history in South African rape trials date: 2020-12-24 words: 7287 flesch: 45 summary: Accordingly, they propose that s 227 be amended ‘to clearly delineate the circumstances under which evidence of previous sexual history may be adduced’.35 After the enactment of SORMA in 2007, which amended sections of the Criminal Procedure Act (CPA), previous sexual history evidence was prohibited in South African law, where the credibility of the complainant is being questioned. Previous sexual history evidence is also not allowed where the goal of such questioning is to show that the complainant was more likely to consent to the rape due to her previous sexual history or that she is less worthy of belief.36 Questioning on previous sexual history is still permitted under certain circumstances, which includes cases where one of the parties makes an application to adduce such evidence and this is allowed by the presiding officer, or where such evidence has been introduced by the prosecution.37 Despite this tightening of circumstances under which questioning on previous sexual history in rape trials are allowed, the data for this study shows that the defence continues to present this kind of evidence, without making an application for permission to do so. keywords: africa; cases; complainant; defence; evidence; gender; history; history evidence; law; officers; prosecutors; rape; south; women cache: sacq-6380.pdf plain text: sacq-6380.txt item: #212 of 389 id: sacq-6464 author: van der Linde, Delano title: The criminalisation of gang activity in South Africa: reassessing the rationale date: 2020-12-22 words: 6312 flesch: 45 summary: First, what is the rationale for criminalising gang activities when there are existing common law and statutory mechanisms available (such as the common purpose doctrine, incitement and conspiracy) to address criminal conduct associated with criminal gangs? The state, therefore, has an interest in not only protecting inhabitants from the underlying crimes but also from the particular systemic modus operandi of criminal gangs. keywords: activities; activity; cape; conduct; crime; criminal; criminalisation; gang; law; leaders; poca; public; south cache: sacq-6464.pdf plain text: sacq-6464.txt item: #213 of 389 id: sacq-6520 author: Moult, Kelley title: Editorial: The state of the nation's crime date: 2019-06-30 words: 1304 flesch: 38 summary: Intrigued by reports in the media of the spate of crimes on university campuses, the authors conducted a qualitative study on the experience of crime among students at a large urban university in Gauteng. In the past week – the last in June 2019 – a Durban court sentenced a 25-year-old man to almost 300 years in prison for a litany of offences,1 and Cape Town cemented its dubious reputation as South Africa’s most violent city with a reported 18% jump in murder rates in just one month.2 Fuelled by the city’s rampant gang problem, the statistics stand in sharp contrast to the promises made by President Cyril Ramaphosa in his State of the Nation address just a week earlier: to decrease the country’s levels of violent crime by a half or better, to increase the number of trained police by 40% and to implement comprehensive plans to address gender-based violence. keywords: crime; june; south; students; system cache: sacq-6520.pdf plain text: sacq-6520.txt item: #214 of 389 id: sacq-6606 author: Moult, Kelley title: On the Record: Sally Gandar and Popo Mfubu date: 2019-06-30 words: 5867 flesch: 64 summary: And DNA tests are not uncomplicated in and of themselves – some of the pathology centres will not allow people to undergo tests if they are not documented, and we have cases where Home Affairs officials have refused to accept the results of the tests too. The order, which was made after successful negotiations with the Department of Home Affairs (DHA/The Department) means that wives, husbands, children and other dependents of asylum-seekers and refugees are now able to document themselves in South Africa as ‘dependents’ of the principle asylum applicant in a process commonly known as ‘family-joining’. keywords: affairs; asylum; cape; case; court; home; refugee cache: sacq-6606.pdf plain text: sacq-6606.txt item: #215 of 389 id: sacq-7232 author: Mzakwe, Sipho title: Equitable allocation of police human resources: Social Justice Coalition and Others v Minister of Police and Others date: 2020-12-25 words: 4989 flesch: 40 summary: The essence of the respondents’ substantive arguments, however, was that the number of police officials and stations that exist in a particular community is not necessarily of primary import, but rather the core issue to consider is the effectiveness of police resource allocation within each community’s specific context.28 While the respondents acknowledged that under-developed areas without proper infrastructure, housing and street lighting present particular policing demands, they argued that this alone does not necessarily mean that poor and under-developed areas should be provided with more police resources. A number of recommendations were made by the commission, including that the system of police allocation used by the South African Police Services (SAPS) should be investigated on an urgent basis. keywords: allocation; applicants; cape; court; crime; discrimination; paragraph; police cache: sacq-7232.pdf plain text: sacq-7232.txt item: #216 of 389 id: sacq-7444 author: Van As, Hendrik; Erasmus, Deon title: Admission of guilt fines: A legal shortcut or delayed shock? date: 2020-12-22 words: 6733 flesch: 56 summary: 2 – 61SA CRIME QUARTERLY NO. 69 • 2020 Rademeyer was handed a section 56 notice to appear in court with the SAPS 14A. The notice contained a warning that an ‘[A]dmission of guilt fine of R500 may be accepted.’ The impact of criminal records from AGFs has been recognised by the legislature and the courts alike. keywords: accused; agf; conviction; court; criminal; fine; guilt; ibid; record; section cache: sacq-7444.pdf plain text: sacq-7444.txt item: #217 of 389 id: sacq-753 author: Barolsky, Vanessa Emma title: Is social cohesion relevant to a city in the global south? A case study of Khayelitsha township date: 2016-04-05 words: 9194 flesch: 42 summary: 11 J Jensen, Mapping social cohesion: the state of Canadian research, Canadian Policy Research Network (CPRN), Study No. F/03, 1998; P Bernard, Social cohesion: a critique, CPRN, Discussion Paper No. F/09, 1999; A Kearns and R Forrest, Social cohesion and multi-level urban governance, Urban Studies, 37, 2000, 995–1017. 12 Chipkin and Ngqulunga, Friends and family; E Balibar, Outlines of a topography of cruelty: citizenship and civility in the era of global violence, Constellations, 8:1, 2001, 15–29. 13 Sampson, Raudenbush and Earls, Neighborhoods and violent crime, 918. The aim of this article is to understand urban violence in South Africa in the context of local and international engagements, with the concept of social cohesion and collective efficacy as factors that can potentially The concept of social cohesion is increasingly being utilised in local and international policy discourse and scholarship. keywords: africa; cohesion; community; crime; development; focus; forms; group; khayelitsha; prevention; research; social; south; traders; transcript; violence; vpuu cache: sacq-753.pdf plain text: sacq-753.txt item: #218 of 389 id: sacq-763 author: Gould, Chandre; Barolsky, Vanessa title: Making sense of the duality of social cohesion date: 2016-04-05 words: 2099 flesch: 35 summary: 3SA Crime QuArterly No. 55 • mAr 2016 Editorial Making sense of the duality of social cohesion This edition of South African Crime Quarterly is a special edition dedicated to investigating the role of social cohesion in understanding and addressing the problem of violence in South Africa. Social cohesion is a broad concept, but can be summarised briefly as referring to the factors that ‘hold a society together’.1 keywords: cohesion; crime; social; south; violence cache: sacq-763.pdf plain text: sacq-763.txt item: #219 of 389 id: sacq-767 author: Skeen, Sarah; Tomlinson, Mark; Ward, Catherine L; Cluver, Lucie; Lachman, Jamie title: Early Intervention: A foundation for lifelong violence prevention date: 2015-03-08 words: 1616 flesch: 32 summary: In high-income settings, however, it has been shown that key predictors of violent behaviour include early childhood factors such as hyperactivity and parental attachment, parenting problems and family conflict.12 We also know that the effects of violence exposure are likely magnified in unstable and volatile family contexts,13 and that many of the risk factors for early violence also predict intimate partner and sexual violence.14 There are high levels of physical abuse of children,1 and the national under-five homicide rate is more than double that of other low- and middle-income countries.2 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.3 InSTITuTE for SECurITy STudIES6 of social skills that lay the groundwork for successful interpersonal relationships in later life.17 While there are limited evaluated early intervention programmes for violence prevention, there is some evidence from South Africa that home-based interventions can promote secure child attachment and better mother-child interaction. keywords: abuse; children; health; prevention; south; violence cache: sacq-767.pdf plain text: sacq-767.txt item: #220 of 389 id: sacq-768 author: Ward, Catherine L; Gould, Chandré; Kelly, Jane; Mauff, Katya title: Spare the rod and save the child: Assessing the impact of parenting on child behaviour and mental health date: 2015-03-08 words: 8829 flesch: 37 summary: Improving child health and behaviour requires an understanding of the relationship between parenting practices; contexual factors such as parental mental health, intimate partner violence, substance abuse and poverty; and children’s behaviour. 9SA Crime QuArterly No. 51 • mArCh 2015 Spare the rod and save the child Assessing the impact of parenting on child behaviour and mental health * keywords: behaviour; children; clinical; community; externalising; health; parenting; parents; partner; punishment; range; south; substance; symptoms; variables; violence cache: sacq-768.pdf plain text: sacq-768.txt item: #221 of 389 id: sacq-769 author: Phyfer, Joanne; Wakefield, Lorenzo title: Calling for a comprehensive approach: Violence prevention and early childhood development date: 2015-03-08 words: 4535 flesch: 28 summary: Conclusion Initiating violence prevention interventions from early childhood may be a critical factor to break the widespread cycles of violence in South Africa. While there are currently some progressive provisions on ECD in legislature, for example within the Children’s Act, there remain significant gaps in the link between violence prevention policies and ECD in South Africa. keywords: childhood; children; crime; development; ecd; prevention; south; violence; violence prevention cache: sacq-769.pdf plain text: sacq-769.txt item: #222 of 389 id: sacq-772 author: Shai, Nwabisa Jama; Sikweyiya, Yandisa title: Programmes for change: Addressing sexual and intimate partner violence in South Africa date: 2015-03-08 words: 6602 flesch: 19 summary: 54 KL Dunkle et al, Gender-based violence, relationship power, and risk of HIV infection in women attending antenatal clinics in South Africa, The Lancet, 363:9419, 2004, 1415–1421; R Jewkes et al, Intimate partner violence, relationship power inequity, and incidence of HIV infection in young women in South Africa: a cohort study, The Lancet, 376 2010, 41–48. 37 PJ Cooper et al, Improving quality of mother-infant relationship and infant attachment in socioeconomically deprived community in South Africa: randomised controlled trial, British Medical Journal, 338, 2009, b974. keywords: africa; et al; gender; health; intervention; partner; partner violence; prevention; programme; social; south; south africa; violence; women cache: sacq-772.pdf plain text: sacq-772.txt item: #223 of 389 id: sacq-774 author: Gevers, Anik; Dartnall, Elizabeth title: Violence prevention: Consideration for selection and implementation date: 2015-03-08 words: 1104 flesch: 34 summary: Core content should include:3 • Challenging hegemonic constructions of gender and gender inequities • Promoting respectful, healthy relationship skills such as caring and kindness, and open, assertive communication and conflict resolution • Fostering supportive carer–youth relationships • Advocating positive discipline strategies that build self-esteem, social skills, and feelings of supportiveness and nurturing • Encouraging adaptive stress management and coping strategies, help seeking and the promotion of well-being Tips for implementation and scale-up Considerations for the successful implementation and scale up of effective violence prevention programmes: • Resource allocation: For example, weekly group meetings with programme staff to share experiences, challenges and achievements, and to discuss needs or ideas for any adaptations or 55SA Crime QuArterly No. 51 • mArCh 2015 improvements are important. keywords: implementation; prevention; programme; violence cache: sacq-774.pdf plain text: sacq-774.txt item: #224 of 389 id: sacq-7744 author: Bekink, Mildred title: Reversing the ‘syndrome of secrecy’: Peremptory reporting obligations in cases of child abuse and neglect date: 2021-05-22 words: 6039 flesch: 40 summary: Given extent of violence and abuse against South African children, this paper investigates whether South African law adequately provides for the liability of those compelled to report child abuse but who fail to do so, why mandated reporters fail to report abuse, and how South Africa’s mandatory reporting rules should be amended to better serve their purpose. CRIME QUARTERLY Mildred Bekink1 bekinm@unisa.ac.za https://doi.org/10.17159/2413-3108/2021/i70a7744 No. 70 | 2021 Introduction Child maltreatment negatively impacts the physical and psychological wellbeing of children.2 It is estimated that, globally, up to one billion children endured physical, sexual or emotional violence or neglect in the past year.3 Many South African children suffer severe abuse and neglect.4 A 2016 national prevalence study showed that one in every three children had experienced some form of physical or sexual abuse at some point in their lives, while one in eight had been neglected.5 Another study INSTITUTE FOR SECURITY STUDIES & UNIVERSITY OF CAPE TOWN2 – 2 indicated that almost 10% of boys and 15% of girls between the ages of 15 and 17 years have experienced lifetime sexual victimisation, which was also strongly associated with physical abuse, emotional abuse, neglect, family violence and other forms of victimisation.6 Many countries have enacted so-called mandatory reporting laws that require designated persons to report known or suspected cases of abuse or neglect to welfare or law enforcement agencies in an effort to detect these cases and allow for early intervention and treatment.7 These laws are address the fact that child maltreatment tends to take place in private settings,8 enshrouded in what has been called a ‘syndrome of secrecy’.9 Abuse and neglect are most frequently inflicted on infants, who are pre-verbal, or other young children who are not able to resist, resolve the situation, disclose the experience or free themselves from the abusive environment.10 Research has shown that children rarely report their own victimisation, while those inflicting the suffering are similarly unlikely to disclose it.11 Through mandatory reporting laws, governments place a duty on members of particular occupations who typically deal with children in the course of their work and who may encounter cases of serious child maltreatment to report these incidents.12 This complies with the provisions of the United Nations Convention on the Rights of the Child (the CRC),13 which stipulates that both protective and preventative measures should be implemented, including reporting, referral, investigation, treatment and follow-up of instances of child abuse, maltreatment and/ or neglect.14 keywords: abuse; act; africa; care; child abuse; children; law; neglect; protection; reporters; reporting; section; south cache: sacq-7744.pdf plain text: sacq-7744.txt item: #225 of 389 id: sacq-775 author: Tomlinson, Mark; Ward, Catherine L; Marlow, Marguerite title: Improving the efficiency of evidence-based interventions: The strengths and limitations of randomised controlled trials date: 2015-03-08 words: 6426 flesch: 35 summary: Rahman and colleagues implemented a cognitive behavioural intervention in which local health workers, known as Lady Health Workers, delivered a mental health intervention component.37 One of the difficulties with implementing health interventions is the lack of adequately trained professionals in most InSTITuTE for SECurITy STudIES48 LMIC, especially in the case of mental health interventions where, in some countries, the treatment gap approaches 90%.38 In Pakistan, Lady Health Workers are women who have completed secondary school and are trained to deliver preventive maternal, neonatal and child health care and education in the community. 5 CP Bonell et al, Alternatives to randomisation in the evaluation of public health interventions: design challenges and solutions, J Epidemiol Community Health, 65:7, 2011, 582–7. keywords: effectiveness; efficacy; evaluation; evidence; group; health; intervention; programme; rcts; research; trials cache: sacq-775.pdf plain text: sacq-775.txt item: #226 of 389 id: sacq-776 author: Coltart, Douglas title: ‘Freedom from all forms of violence’: Using Zimbabwe’s new Constitution to encourage rape law reform date: 2014-03-08 words: 6593 flesch: 40 summary: In Zimbabwe rape has been perpetrated both by private persons, often including those close to the rape survivor, as well as by the state and the state’s agencies, such as the police and the army. This legal tradition has long undermined the protection of women from violence, since the source of VAW is very often a private one.33 The right to freedom from violence has been instrumental in the reform of rape law, both through legislative reforms and through the development of the common law by the courts. keywords: constitution; criminal; definition; freedom; law; rape; right; south; violence; women; zimbabwe cache: sacq-776.pdf plain text: sacq-776.txt item: #227 of 389 id: sacq-777 author: Hansungule, Zita title: Protecting child offenders’ rights: Testing the constitutionality of the National Register for sex offenders date: 2014-03-08 words: 4699 flesch: 56 summary: The Court concluded that the limitation of the right of child offenders in section 50(2)(a) is not justified in an open and democratic society, which resulted in the section being declared constitutionally invalid.76 Remedy The Court held that the legislature must be afforded the opportunity to fix the constitutional defect while taking into account expert opinion on the unique circumstances of child sex offenders and victims in South Africa.77 The Court, however, found that it was faced with difficulties that arose as a consequence of having to determine what just and equitable order to grant in the interim, namely:78 • The Sexual Offences Act creates complex mechanisms that regulate the treatment of offenders following their convictions. Greater emphasis is placed on practices such as diverting child offenders from the criminal justice system; applying restorative justice principles to child offenders while ensuring their responsibility and accountability for crimes committed; and effectively rehabilitating and reintegrating child offenders to minimise the potential of reoffending.1 This has resulted in increased dialogue and a proliferation of judgements2 that aim to provide guidance on the implementation of legislation regulating this interaction. keywords: child; court; ibid; offenders; para; section; sexual cache: sacq-777.pdf plain text: sacq-777.txt item: #228 of 389 id: sacq-779 author: Schönteich, Martin title: A story of trials and tribulations: The National Prosecuting Authority, 1998 – 2014 date: 2014-03-08 words: 7469 flesch: 39 summary: 76 How the NPA lost its way, City Press, 11 February 2012, http://www.citypress.co.za/columnists/how-the-npa-lost-its- way-20120211/ (accessed 12 April 2014); interviews with NPA prosecutors of various ranks in Gauteng, KwaZulu-Natal and the Western Cape in late 2012. • On application of the opposition Democratic Alliance, the Constitutional Court found that Menzi Simelane, who was appointed as NDPP in late 2009 by President Zuma, was not a fit and proper person to be NDPP, thus effectively overturning the President’s appointment.83 For the head of a relatively young organisation (the NPA had been in existence for 13 years at the time Simelane’s appointment was set aside by the courts) to 11SA Crime QuArterly No. 50 • DeCemBer 2014 be branded unsuitable to his position invariably undermined public confidence in the organisation and underscored the political nature of the NDPP’s appointment. • Badly conceptualised and politically motivated decisions by the NPA have resulted in the courts reviewing NPA decisions to discontinue prosecutions in a select number of high-profile cases.84 keywords: africa; authority; cases; court; crime; criminal; justice; national; ndpp; new; ngcuka; npa; number; prosecuting; prosecutors; september; south cache: sacq-779.pdf plain text: sacq-779.txt item: #229 of 389 id: sacq-780 author: Tyabazayo, Phumlani title: The Khayelitsha Commission of Inquiry: Challenging the scope of provincial policing powers date: 2014-03-08 words: 3829 flesch: 34 summary: The Khayelitsha Commission of Inquiry1 Challenging the scope of provincial policing powers * 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. keywords: cape; constitution; court; national; police; policing; powers cache: sacq-780.pdf plain text: sacq-780.txt item: #230 of 389 id: sacq-781 author: de Souza, Monica title: Justice and legitimacy hindered by uncertainty: The legal status of traditional councils in North West Province date: 2014-03-08 words: 11655 flesch: 35 summary: Traditional councils in North West are, however, still subject to the elected and selected member composition requirements in the TLGFA.21 From provincial government notices announcing the dates of traditional council elections, as well as the holding of elections in practice, it is clear that North West accepts these requirements.22 However, without provincial regulations to govern traditional council elections, the election process has been plagued by confusion and conflict.23 The ‘flawed’ nature of these elections was corroborated in Heeman, Confusion marks traditional council elections in North West, 5. 28 North West Acting MEC: Local Government and Traditional Affairs, Notice of annulment of traditional council elections held on 28 September 2011, 2 November 2011 and 12 November 2011 and proclamation of date of reconstitution of traditional councils, Provincial Gazette Extraordinary 7107 Notice No. 3, 30 April 2013. keywords: act; authorities; communities; council elections; councils; elections; government; july; members; north west; nwa; reconstitution; section; status; tlgfa cache: sacq-781.pdf plain text: sacq-781.txt item: #231 of 389 id: sacq-782 author: Matlala, Boitumelo title: ‘We want the bread, not the crumbs’: Challenging traditional authority in the platinum belt date: 2014-03-08 words: 6934 flesch: 40 summary: The simple application of the concept of ‘traditional community’ conceals diverse histories and identities within traditional communities, and obscures the historical ownership of land by some subgroups within these communities. 32 M Pilane, Traditional communities, land and the MPRDA, submission to the Redressing the legacy of the 1913 Land Act workshop, Parliament of the Republic of South Africa, 7–8 May 2013. keywords: act; bakgatla; bakgatla ba; community; government; kgafela; land; members; mining; north; pilane; traditional; tribal; west cache: sacq-782.pdf plain text: sacq-782.txt item: #232 of 389 id: sacq-7821 author: Osman, Fatima title: The omission of the opt-out clause: The revised (and improved?) Traditional Courts Bill 2017 date: 2020-12-24 words: 6473 flesch: 40 summary: Compelling attendance merely to emulate the common law courts is further undesirable as it renders traditional courts a derivative of common law courts. Traditional Courts Bill 2017 South African The Traditional Courts Bill B1B-2017 omits the opt-out clause and the notion that engagement with traditional courts is on a voluntary and consensual basis – a long-standing sticky point with traditional leaders. keywords: africa; bill; clause; courts; courts bill; individuals; justice; law; right; south cache: sacq-7821.pdf plain text: sacq-7821.txt item: #233 of 389 id: sacq-783 author: Mnwana, Sonwabile title: Chief’s justice?: Mining, accountability and the law in the Bakgatla-ba-Kgafela Traditional Authority Area date: 2014-03-08 words: 5631 flesch: 50 summary: 14 S Mnwana, Participation and paradoxes: community control of mineral wealth in South Africa’s Royal Bafokeng and Bakgatla Ba Kgafela communities, PhD Thesis, University of Fort Hare, 2012. Other controversial laws that, so far, have been successfully resisted by rural citizens include the Communal Land Rights Act 2004 (Act 11 of 2004)6,7 and the Traditional Courts Bill.8,9 Post-apartheid laws regulating mineral rights, particularly the Minerals and Petroleum Resources Development Act 2002 (Act 28 of 2002, or the MPRDA) and its accompanying regulations, also drive the inclusion of traditional communities in South Africa’s platinum industry. keywords: bakgatla; chief; community; court; kgafela; law; mining; north; pheto; pilane; rural; traditional cache: sacq-783.pdf plain text: sacq-783.txt item: #234 of 389 id: sacq-784 author: Eiser, Hugh title: On the record with Hugh Eiser and Brendan Boyle date: 2014-03-08 words: 4010 flesch: 61 summary: Lonmin confirmed in a press release in August 2011 that it had up to that point paid royalties of about R500 million into the so-called ‘D Account’ held by the North West government on behalf of the Bapo-ba-Mogale, and that royalties continued to flow at a rate of around R40 million a year. 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. keywords: bapo; community; government; lonmin; north; north west; west cache: sacq-784.pdf plain text: sacq-784.txt item: #235 of 389 id: sacq-785 author: Peires, Jeff title: History versus customary law: Commission on Traditional Leadership: Disputes and Claims date: 2014-03-08 words: 9106 flesch: 50 summary: The definition of kingship thus becomes of the utmost importance, and the Framework Act defines it thus:33 (aa) that comprises the areas of jurisdiction of a substantial number of traditional leaders that fall under the authority of such king or queen (bb) in terms of which the king or queen is regarded and recognised in terms of customary law and customs as a traditional leader of higher status than the senior traditional leaders referred to in subparagraph (aa); and (cc) where the king or queen has a customary structure to represent the traditional councils and senior traditional leaders that fall under the authority of the king or queen This seems very simple and straightforward – too simple and straightforward, in the view of Commissioner JC Bekker, who calculated that it could open the door to at least 773 kingship claims,34 but pertinent nonetheless. Although Section 5.10 of the White Paper noted that ‘the customary law of African communities was characterized by a lack of effective mechanisms to deal with claims and dispute resolution’,5 Section 25(3) of the Framework Act nevertheless instructed the Commission to ‘consider and apply customary law and the customs of relevant traditional communities’ and to be ‘guided by … customary norms and criteria’.6 ‘Custom’ was never defined in the Framework Act, and ‘customary institution or structure’ was defined merely as ‘institutions or structures established in terms of customary law’, a solipsistical pronouncement of classic proportions. keywords: act; colonial; commission; customary; faku; framework; framework act; king; kingship; law; leadership; manala; mpondo; ndamase; ndebele; ndzundza; western cache: sacq-785.pdf plain text: sacq-785.txt item: #236 of 389 id: sacq-786 author: Wicomb, Wilmien title: 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 date: 2014-03-08 words: 5296 flesch: 45 summary: This would not have mattered as much if the democratisation of traditional communities and their leadership structures had been a success. In its place we find the insistence that, as under colonial rule, members of traditional communities only ‘exist’ – and can claim rights – through their traditional leaders. keywords: act; application; authority; community; court; land; rbn; rule; traditional cache: sacq-786.pdf plain text: sacq-786.txt item: #237 of 389 id: sacq-788 author: Bruce, David title: Control, discipline and punish? Addressing corruption in South Africa date: 2014-03-08 words: 9181 flesch: 33 summary: The history and social psychology of public sector corruption A somewhat different of analysis of corruption in South Africa focuses on the history of, and inSTiTUTe foR SecURiTy STUdieS56 relationship between, past and present-day corruption. 58 Gavin Woods, Public sector corruption: behavioural origins and counter-behavioural responses, inaugural lecture, Stellenbosch University, 26 October 2010. keywords: act; administration; africa; anc; corruption; framework; government; instance; integrity; june; justice; management; national; public; service; south; south africa; state; zuma cache: sacq-788.pdf plain text: sacq-788.txt item: #238 of 389 id: sacq-789 author: Goga, Khalil title: Taking stock of the last 20 years: Responses to organised crime in a democratic South Africa date: 2014-03-08 words: 7626 flesch: 44 summary: 20 Andre Standing, Organised crime: a study from the Cape Flats, Pretoria: ISS, 2006. 21 Derica Lambrechts, The impact of organised crime on social control by the state: a study of Manenberg in Cape Town, South Africa, PhD thesis, Stellenbosch University, Stellenbosch, 2012. Both the 15 and 20 year reviews of state performance have highlighted organised crime, ineffective operation and integration, and corruption as serious persistent issues.50 Although the state was arguably in a weakened position after the end of apartheid as a result of the loosening of border controls and the transition from a police force to a police service,51 the legislature and law enforcement began taking steps against sophisticated organised crime soon after it was identified as a problem.52 In 1991 the Crime Combating and Investigation division (CCI) of the SAPS was established to combat organised crime. keywords: act; africa; apartheid; corruption; crime; drug; enforcement; iss; june; law; money; poca; police; saps; south; south africa; state; units cache: sacq-789.pdf plain text: sacq-789.txt item: #239 of 389 id: sacq-790 author: Hornberger, Julia title: We need a complicit police! Political policing then and now date: 2014-03-08 words: 5769 flesch: 46 summary: This tragic and brutal killing is seen by many as a watershed moment, marking the definite return of police violence (repressive violence), well known from apartheid times.2 17 This is a rather unusual development in comparison with police forces globally, and not without consequences: it means that police stations and all other units are primarily accountable to police headquarters rather than municipalities (Breckenridge, Biometric state). keywords: africa; crime; force; government; order; people; police; policing; protest; public; south; state; violence cache: sacq-790.pdf plain text: sacq-790.txt item: #240 of 389 id: sacq-7928 author: Swemmer, Sheena title: Protecting Fido, protecting the family: Developing domestic violence law to include companion animals date: 2022-11-14 words: 7726 flesch: 22 summary: The status of companion animal abuse in South Africa and other jurisdictions is briefly explored. I will begin by arguing the above by briefly sketching the status of intimate partner violence 2 – 77SA CRIME QUARTERLY NO. 71 • 2022 in South Africa, as well as exploring the current implementation of the Domestic Violence Act of 1998 (DVA).18 I will then briefly explore the status of companion animal abuse on South Africa and other jurisdictions. keywords: abuse; act; africa; animal abuse; animals; children; companion; companion animals; doi; home; partner; partner violence; protection; south; violence; women cache: sacq-7928.pdf plain text: sacq-7928.txt item: #241 of 389 id: sacq-793 author: McGrath, Chloë; Van der Spuy, Elrena title: Looking back: Insider views on the Judicial Inspectorate for Correctional Services date: 2014-03-08 words: 6504 flesch: 45 summary: Judge Fagan’s response to the question regarding the overall contribution of the JICS served as a useful reminder that the very concept of prison oversight itself constituted a radical departure from the previous closed system. Three researchers of prisons provided informed comment on prison reform. keywords: corruption; dcs; inspecting; inspectorate; jics; judge; oversight; prison; report; services; south; system cache: sacq-793.pdf plain text: sacq-793.txt item: #242 of 389 id: sacq-794 author: Redpath, Jean title: Criminal justice policy and remand detention since 1994 date: 2014-03-08 words: 9963 flesch: 52 summary: In 2002/3 the remand admissions figure was 70% of the priority crime arrests figure (in the previous year there were more remand admissions than priority crime arrests). Figure 1: Remand population in prisons as at month end, 1995–201236 are closer to 190 000 (largely because of the massive increase in remand inmates) keywords: act; admissions; bail; court; crime; number; offence; people; remand; section; years cache: sacq-794.pdf plain text: sacq-794.txt item: #243 of 389 id: sacq-797 author: Super, Gail title: Twenty years of punishment (and democracy) in South Africa: The pitfalls of governing crime through the community date: 2014-03-08 words: 6280 flesch: 34 summary: 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. One of the objectives of Community Policing Forums (CPFs) is to ‘enhance the ability of the police to combat and prevent crime, disorder and fear, in partnership with the community’, and parole boards are meant to give the ‘community’ a special say in release decisions.20 Not only has democratisation ushered in a growing discursive emphasis on giving crime victims a role to play in sentencing, bail and parole decisions, but the South African Police Service (SAPS) measures the success of its ‘social crime prevention strategy’ in terms of the number of crime awareness programmes, neighbourhood watches, business forums and street committees that are established to deal with crime.21 In some instances the notion of partnership policing even includes ‘mobilising the community to oppose bail’ via collaboration with the CPF.22 Indeed, the community is so fundamental to policing in democratic South Africa that police will, in future, be subjected to a ‘stringent new recruitment process’ that includes ‘being paraded in front of community members’, via a ‘community parade’.23 A 1997 amendment to the Criminal Procedure Act 51 of 1977 provides for crime victims and/or the community in which the crime occurred to play a role in bail decisions. keywords: africa; april; commission; communities; community; crime; criminal; justice; khayelitsha; police; policing; punishment; security; south; state; vigilantism cache: sacq-797.pdf plain text: sacq-797.txt item: #244 of 389 id: sacq-798 author: Townsend, Loraine; Waterhouse, Samantha; Nomdo, Christina title: Court support workers speak out: Upholding children’s rights in the criminal justice system date: 2014-03-08 words: 9248 flesch: 48 summary: To comment on this article visit http://www.issafrica.org/sacq.php Notes 1 J Barth, L Bernetz, E Heim et al., The current prevalence of child sexual abuse worldwide: a systematic review and meta-analysis, International Journal of Public Health (2012), http://link.springer.com/article/10.1007/s00038-012-0426- 1#page-1 (accessed 23 May 2014). 2 K Kendall-Tackett, L Williams and D Finkelor, Impact of sexual abuse on children: a review and synthesis of recent empirical studies, Psychological Bulletin 113 (1995), 164–180. 3 R Maniglio, Child sexual abuse in the etiology of anxiety disorders. keywords: abuse; act; cases; child; child victims; children; court; court support; npa; offences; rights; support; support workers; victims; workers cache: sacq-798.pdf plain text: sacq-798.txt item: #245 of 389 id: sacq-799 author: Hargovan, Hema title: BOOK REVIEW: Victimology in South Africa date: 2014-03-08 words: 3728 flesch: 43 summary: The next four chapters, Chapter 9: The troublesome gender: (re)considering gender- based violence (Lilian Artz); Chapter 10: Victimisation of the elderly (Rina Delport); Chapter 11: Victims of commercial crimes (Stefan Grobler); and Chapter 12: Victims of motor vehicle hijacking (Rudolph Zinn) are all updated versions of chapters from the previous edition, with the exception of chapter 9, which is a new chapter. There is a good spread of topics that provide the reader with excellent foundational knowledge for what is to follow in the next three sections – Chapter 2: Theoretical approaches and perspectives in victimology (Armando Saponaro); Chapter 3: Assessing the nature and extent of victimisation in South Africa (Jean Steyn); Chapter 4: South African laws and policies supporting victims (Lilian Artz and Dee Smythe); Chapter 5: Victim empowerment in South Africa (Juan Nel and Hanlie van Wyk); Chapter 6: Challenges of the criminal justice system in addressing the needs of victims and witnesses (David Bruce); Chapter 7: Restorative justice in South Africa (Mike Batley). keywords: africa; author; chapter; children; crime; justice; page; south; victimisation; victimology; victims cache: sacq-799.pdf plain text: sacq-799.txt item: #246 of 389 id: sacq-800 author: Harris, Geoff Harris; Hemson, Crispin; Kaye, Sylvia title: CREATIVE ACTION FOR CHANGE - Conference report: Strategies for non-violence in education date: 2014-03-08 words: 7793 flesch: 61 summary: The participants decided that an effect- ive strategy would be to first develop indicators that could be used to measure a school’s capacity to reduce school violence. These indicators could help with the school conducting an initial ‘peace audit’, and subsequently, with the data collected from the peace audit, to develop a pilot project at a school that meets the standards identified as necessary to reduce school violence. keywords: ategies; conference; education; education conference; http; july; nonviolence; org; paper; rban; schools; str; violence; www cache: sacq-800.pdf plain text: sacq-800.txt item: #247 of 389 id: sacq-801 author: Moreland, Stacy title: TALKING ABOUT RAPE – AND WHY IT MATTERS: Adjudicating rape in the Western Cape High Court date: 2014-03-08 words: 7588 flesch: 61 summary: Rape complainants require more than just the vindication of a purely legal claim; they require the validation of their interpretation and experience of harmful sexual behaviour. Amendment Act1 (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. keywords: accused; cases; complainant; court; evidence; gender; ibid; judgements; judges; judiciary; law; legal; rape; sex; women cache: sacq-801.pdf plain text: sacq-801.txt item: #248 of 389 id: sacq-802 author: Hiropoulos, Alexandra; Porter, Jeremy title: Visualising property crime in Gauteng: Applying GIS to crime pattern theory date: 2014-03-08 words: 7110 flesch: 53 summary: With the availability of newly developed data sets of spatial crime, demographic and socio-economic information, this is only the beginning of empirical research examining the spatial dimension of crime in South Africa. This could include investigations of factors associated with crime areas, such as unemployment, income, urbanisation rates and education levels. keywords: africa; crime; data; gauteng; locations; map; motor; motor vehicles; nodes; property; rates; south; spots; thefts; theory; vehicles cache: sacq-802.pdf plain text: sacq-802.txt item: #249 of 389 id: sacq-803 author: Barnes, Heidi title: F v MINISTER OF SAFETY AND SECURITY: Vicarious liability and state accountability for the criminal acts of police officers date: 2014-03-08 words: 4262 flesch: 61 summary: Vicarious liability is therefore at odds with a basic norm of our society, namely that liability for harm should rest on fault, either in the form of negligence or intention.4 The rationale for vicarious liability is to be found in a number of underlying principles. [A] master who does his work by the hand of a servant creates [for his own ends] a risk of harm to others if the servant should prove to be negligent or inefficient or untrustworthy … he is under a duty to ensure that no one is injured by the servant’s improper conduct or negligence in carrying on his work.6 Another principle underlying vicarious liability is the desirability of affording claimants effective remedies for harm they have suffered.7 A further principle is the need to encourage employers to take active steps to prevent their employees from causing harm to members of the broader community.8 As the Constitutional Court has noted, there is a countervailing principle too: this is that damages should not be borne by employers in all circum- stances, but only in those circumstances in which it is fair to require them to do so.9 The normative content of the above principles means that vicarious liability is fundamentally a policy-laden concept. keywords: court; liability; minister; para; police cache: sacq-803.pdf plain text: sacq-803.txt item: #250 of 389 id: sacq-804 author: Dixon, Bill title: WAITING FOR FARLAM: Marikana, social inequality and the relative autonomy of the police date: 2013-03-08 words: 4682 flesch: 45 summary: As Mike Brogden and Clifford Shearing observed in the early 1990s: [W]hat the SAP shares with state police elsewhere in the world is its access to, and use of, coercion. What the contemporary ethnographies of policing produced by Steinberg and Hornberger suggest is that, far from acting as the praetorian guards of a proto-authoritarian political- industrial elite, police officers in Toekomsrus and inner-city Johannesburg have taken a central tenet of democratic policing – that priority be given to servicing the needs not of government but of individual citizens and private groups – some way beyond its ideal conclusion by exploiting their relative autonomy to compete alongside other enforcers in a ruthlessly competitive market for security.35 CONCLUSION keywords: brewer; hornberger; marenin; marikana; police; policing; ramaphosa; saps; south; state cache: sacq-804.pdf plain text: sacq-804.txt item: #251 of 389 id: sacq-805 author: Faull, Andrew title: POLICING TAVERNS AND SHEBEENS: Observation, experience and discourse date: 2013-03-08 words: 9687 flesch: 60 summary: As such, they raise important questions about whether state Observation, experience and discourse POLICING TAVERNS AND SHEBEENS Andrew Faull* andrew.faull@crim.ox.ac.uk This article sketches the views and experiences of police officials responsible for enforcing liquor legislation in the Nyanga precinct of Cape Town. In police sociology it has often been said that policy makers who hope to change police practice must first seek to understand police culture.22 While notions of ‘cop culture’ have been questioned,23 there is much to be learned by exploring the stories police officials tell about their professional lives. keywords: alcohol; crime; enforcement; law; liquor; nyanga; officials; owners; police; policing; saps; shebeens; south; tavern; violence cache: sacq-805.pdf plain text: sacq-805.txt item: #252 of 389 id: sacq-806 author: Forster-Towne, Claudia title: WHITE HOBBY/BLACK OPPORTUNITY: Perceptions and motivations of police reservists in Johannesburg date: 2013-03-08 words: 7235 flesch: 60 summary: ’5 These assumptions (or at the very least perceptions of these divergent motivations) can be tied to broader societal expectations, which are informed Claudia Forster-Towne* Cforster-towne@ai.org.za 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. Why was there such a common belief that white reservists joined for pleasure but black reservists joined out of need? keywords: black; constable; difference; forster; male; people; police; reserve; reservists; saps; towne; white cache: sacq-806.pdf plain text: sacq-806.txt item: #253 of 389 id: sacq-807 author: Govender, Megan title: THE PARADOX OF CRIME PERCEPTIONS: SAPS crime statistics, Victims of Crime Surveys and the media date: 2013-03-08 words: 5906 flesch: 61 summary: 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. These are: SA Crime Quarterly No 46 • December 2013 51 • Question 2.4: How do you think the level of violent crime (e.g. assault, robbery, murder) in your area has changed in the last three years (January 2009 to December 2011)? - 1 = Increased - 2 = Decreased - 3 = Stayed the same • Question 2.5: How do you think the level of property crime (e.g. burglary, theft) in your area has changed in the last three years (January 2009 to December 2011)? - 1 = Increased - 2 = Decreased - 3 = Stayed the same These questions explore citizens’ perceptions of the levels of violent crime and property crime over three years, namely January 2009 to December 2011. keywords: crime; decrease; households; perceptions; property; property crime; saps; statistics cache: sacq-807.pdf plain text: sacq-807.txt item: #254 of 389 id: sacq-808 author: van der Spuy, Elrena title: AUTOBIOGRAPHIES OF A SPECIAL KIND: Recent writings by and on the police in South Africa date: 2013-03-08 words: 6387 flesch: 54 summary: There are others, for instance, like Andrew Brown, who produced an engaging account of his time as a police reservist, but claim no academic pretensions, and write solely from a desire to enlighten the public about what years of police work meant to them – or at least to justify themselves in their own and others’ eyes.13 Andrew Faull’s compilation of police ‘stories’ also deserves mention here, as each of the stories – in raw form – reflects the experiences and views of ordinary police on a wide range of topics.14 Genre 3: Police autobiographies and police culture 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. keywords: account; africa; culture; detective; east; ethnographic; grové; howarth; organisation; police; policing; rand; security; south; van; work cache: sacq-808.pdf plain text: sacq-808.txt item: #255 of 389 id: sacq-809 author: Owen, Olly; Faull, Andrew title: ON THE RECORD: with Olly Owen and Andrew Faull date: 2013-03-08 words: 3795 flesch: 55 summary: Olly Owen (OO): One of the main issues in measuring police performance in Nigeria is that all performance measurement, like policing policy in general, tends to be reactive. And since the NPF is centralised, and upwardly accountable, there is no easy and direct way for localised publics to voice opinions over police performance. keywords: africa; crime; performance; police; policing; public; saps; south cache: sacq-809.pdf plain text: sacq-809.txt item: #256 of 389 id: sacq-810 author: Banchani, John-Paul; van der Spuy, Elrena title: Bibliography on police and policing research in South Africa, 2000–2012 date: 2013-03-08 words: 13457 flesch: 52 summary: issafrica.org/uploads/CQ16 Burton.pdf • Burton, P., Du Plessis, A., Leggett, T., Louw, A., Mistry, D. and Van Vuuren, H. National victims of crime survey South Africa 2003, ISS Monograph, 101, Pretoria: Institute for Security Studies, 2003. CQ No. 25 Bibliography on police and policing research in South Africa, 2000–2012 John-Paul Banchani and Elrena van der Spuy Special supplement to South African CRIME QUARTERLY No. 46 | keywords: acta; african; cape; community; crime; criminologica; criminology; eds; institute; journal; marks; police; policing; quarterly; research; security; service; south; south africa; southern; studies; town; van; violence cache: sacq-810.pdf plain text: sacq-810.txt item: #257 of 389 id: sacq-8351 author: Van As, Hendrik title: Poaching of marine living resources: Can the tide be turned? date: 2020-12-24 words: 6854 flesch: 43 summary: United States v Bengis: a victory for wildlife law and lessons for international fisheries crime, International Journal of Marine and Coastal Law, 29: 1, 2014, https:// heinonline.org/HOL/P?h=hein.journals/ljmc29&i=179. This is largely due to legislation and regulations that were drafted without adequate consultation with coastal communities115 and policies that criminalised large parts of the community by excluding local populations from accessing resources.116 The failures in fisheries management, the allocation of insufficient resources, and the entrenchment of corruption117 and maladministration118 has led to a situation where fisheries crime has become entrenched. keywords: abalone; act; africa; cape; crime; fisheries; fishing; international; law; management; marine; november; organised; poaching; resources; south; south africa cache: sacq-8351.pdf plain text: sacq-8351.txt item: #258 of 389 id: sacq-845 author: Montesh, Moses title: Countering corruption in South Africa: The rise and fall of the Scorpions and Hawks date: 2012-03-08 words: 4712 flesch: 47 summary: Redpath quoted a highly placed interviewee on the matter as saying that ‘[t]he DSO must engage with the police and everyone involved; everyone must be on board, there must be buy-in at every level, from the politicians, the police, to intelligence… the DSO must be careful of doing ad hoc “sexy things”; there must be a set programme. In June 1999 former president Thabo Mbeki announced that ‘a special and adequately staffed and equipped investigative unit will be established urgently, to deal with all national priority crime, including police corruption’.2 In September 1999 the Directorate of Special Operations (DSO or ‘Scorpions’) was set up. keywords: act; crime; directorate; dso; national; operations; police; scorpions; south; zuma cache: sacq-845.pdf plain text: sacq-845.txt item: #259 of 389 id: sacq-846 author: Kinnes, Irvin; Newham, Gareth title: FREEING THE HAWKS: Why an anti-corruption agency should not be in the SAPS date: 2012-03-08 words: 4474 flesch: 44 summary: Moreover, DPCI members would wear the same uniforms, drive the same vehicles and be held accountable by the same policies and procedures as the rest of the SAPS. • Security vetting of DPCI members may be undertaken by an intelligence structure other than SAPS Crime Intelligence (Section 9A). keywords: corruption; crime; dpci; march; national; police; public; saps; south cache: sacq-846.pdf plain text: sacq-846.txt item: #260 of 389 id: sacq-847 author: Lewis, Melea; Stenning, Philip title: Considering the Glenister judgment: Independence requirements for anti-corruption institutions date: 2012-03-08 words: 7124 flesch: 41 summary: The Court’s approach and these apparent requirements are compared with current provisions for political ‘independence’ of anti-corruption agencies in Australia and Indonesia, raising, in particular, an assessment of the arguments for and against (a) the need for an anti-corruption investigative agency to be separate from the ‘regular’ police and prosecution service; and (b) the proposition that an anti-corruption investigative agency requires a higher level of political independence than the ‘regular’ police service(s). SOME INTERNATIONAL COMPARISONS Unlike South Africa, many countries have established anti-corruption agencies that are independent in the sense that they do not form part of police or prosecutorial agencies. keywords: act; africa; anti; commission; corruption; crime; dpci; glenister; independence; kpk; police; south cache: sacq-847.pdf plain text: sacq-847.txt item: #261 of 389 id: sacq-848 author: Gould, Chandré title: On the record: Interview with Frikkie Venter, G4S Managing Director: Care and Justice Services date: 2010-03-08 words: 3312 flesch: 70 summary: SA Crime Quarterly no 33 • September 2010 37 In South Africa all prisons, private sector and government, fall under the same regulations, the same Act. What would you argue is the advantage of private sector involvement in incarceration? Frikkie Venter (FV): I think the first thing is that the concept is not strange in South Africa. keywords: government; prisons; sector; services; state cache: sacq-848.pdf plain text: sacq-848.txt item: #262 of 389 id: sacq-849 author: Reeves, Christopher title: After Glenister: The case for a new dedicated agency date: 2012-03-08 words: 6258 flesch: 44 summary: It also examines the legal and institutional framework required to establish an effective, specialised anti-corruption entity through a comparative analysis of other anti-corruption agencies. majority of the Constitutional Court and examines the legal and institutional framework required to establish an effective, specialised anti- corruption entity through a comparative analysis of other anti-corruption agencies. keywords: africa; corruption; court; dpci; entity; ibid; independent; president; republic; south; south africa cache: sacq-849.pdf plain text: sacq-849.txt item: #263 of 389 id: sacq-850 author: Berg, Julie; Nouveau, Jean-Pierre title: Towards a third phase of regulation: date: 2011-03-08 words: 6750 flesch: 45 summary: This leads us to challenge the underlying ways of thinking or ‘mentalities’ that have informed private security regulation in South Africa.7 In doing so we firstly explore what is meant by regulation; we secondly outline what we think of as the first two phases of state regulation in South Africa; and then propose a third phase through highlighting three developments that challenge prevailing mentalities and practices. In other words, Figure 2: Number of active registered security businesses in South Africa 2005-2010 Source: PSIRA Figure 3: Security services offered in South Africa as at 2005 Source: PSIRA Figure 1: Number of active and inactive registered security offices in South Africa 2005-2010 8 000 7 000 6 000 5 000 4 000 3 000 2 000 1 000 0 2005 2006 2007 2008 2009 2010 7 459 6 392 5 504 4 898 4 7634 639 Source: PSIRA 1 600 000 1 400 000 1 200 000 1 000 000 800 000 600 000 400 000 200 000 0 2005 2006 2007 2008 2009 2010 Active registered Inactive registered Total inactive and active registered Security equipment installers 4% Car watch 3% Security guards 21% Special events 13% Other – manufacturing, locksmiths, in-house insurance, fire detection etc 12% Security consultants 4% Armed response 5% Cash-in-transit guards 5% Private investigator 6% Rendering a security service 6% Body guarding 7% Training 7% Security control room 7% CQ No. 38 December 11/21/11 9:46 AM Page 28 SA Crime Quarterly no 38 • December 2011 25 regulation can be undertaken by both state and non-state actors (such as clients, the public, private businesses, private security companies and so forth).11 keywords: africa; companies; contract; criminal; industry; police; policing; public; regulation; security; security industry; south; state cache: sacq-850.pdf plain text: sacq-850.txt item: #264 of 389 id: sacq-851 author: Breen, Duncan; Nel, Juan A A title: South Africa - a home for all? The need for hate crime legislation date: 2011-03-08 words: 7501 flesch: 42 summary: CQ No. 25 SA Crime Quarterly no 38 • December 2011 33 Duncan Breen* and Juan A. Nel** duncancbreen@gmail.com Nelja@unisa.ac.za The South African government is currently developing legislation on hate crimes. South Africa’s Constitution outlines the vision of an equality-based society and in the preamble notes that ‘South Africa belongs to all who live in it, united in our diversity’.1 Despite these provisions, a range of civil society organisations (CSOs), human rights actors and academics have observed ongoing patterns of crimes specifically targeting people on the basis of their race, nationality, religion, sexual orientation or other such factors.2 Such crimes, known internationally as hate crimes,3 undermine social cohesion4 and have been shown to have an especially traumatic impact on victims.5 South Africa has a number of laws that deal with discrimination, such as the Equality Act, the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) as well as section 9 of the Constitu- tion, yet none of these is specifically tailored to address the issue of hate crime. keywords: africa; crimes; foreign; hate; hate crimes; legislation; lesbian; nationals; police; south; south africa; victim; victimisation; violence cache: sacq-851.pdf plain text: sacq-851.txt item: #265 of 389 id: sacq-852 author: Bruce, David title: Measuring outputs, neglecting outcomes: The Auditor General’s role in SAPS performance assessments date: 2011-03-08 words: 6997 flesch: 45 summary: This was as a result of performance information that has either been captured inaccurately or incomplete from source documentation such as case dockets.36 In a presentation made in October 2011 the AG identified these questions about the reliability of SAPS performance information as being related, amongst other things, to the unavailability of supporting documentation at stations/units, systems for collating information not being updated, inaccurate information being sent through, and inconsistencies between data in supporting documentation or data systems.37 As indicated, due to the ‘phasing in’ approach these issues that have been raised do not have the weight of formal ‘opinions’ or ‘conclusions’.38 However, they do indicate that there continue to be matters of substantial concern to the AG in the use by the SAPS of performance information, notwithstanding the fact that this is regarded as being of a relatively high standard. Table 1: Performance audit of service delivery at police stations and 10111 call centres Key questions addressed Focus of audit Sector • Is there an approved policy for sector policing policing? • Is there a sector commander profile? keywords: audit; crime; general; information; management; performance; police; report; saps; service; south cache: sacq-852.pdf plain text: sacq-852.txt item: #266 of 389 id: sacq-853 author: Tait, Sean; Marks, Monique title: YOU STRIKE A GATHERING, YOU STRIKE A ROCK: Current debates in the policing of public order in South Africa date: 2011-03-08 words: 5279 flesch: 52 summary: An additional problem confronting those police responsible for public order policing has been the introduction of additional layers of ‘paramilitary’ police, such as the Tactical Response Units (TRU), into public order management. In his presentation he stated that public order policing has been under review since August 2011. keywords: africa; gatherings; management; order; police; policing; protest; public; rights; south; unit cache: sacq-853.pdf plain text: sacq-853.txt item: #267 of 389 id: sacq-854 author: Wakefield, Lorenzo title: IS THE ACT WORKING FOR CHILDREN? The first year of implementation of the Child Justice Act date: 2011-03-08 words: 4006 flesch: 55 summary: This article interrogates the annual report presented to parliament on the first year of implementation of the Act, and concludes that it is not possible to accurately assess whether the Child Justice Act was implemented fully during the year, as the statistics provided in the annual report by different departments are unclear and incomparable. Badenhorst, Overview of the Implementation of the Child Justice Act, 34. 21. keywords: act; child; child justice; children; implementation; justice cache: sacq-854.pdf plain text: sacq-854.txt item: #268 of 389 id: sacq-855 author: Artz, Lillian title: Fear or failure: Why victims of domestic violence retract from the criminal justice process date: 2011-03-08 words: 5447 flesch: 48 summary: Systemic issues Although domestic violence victims’ experiences with violence and their reasons for applying for protection orders defines the context in which the attrition of domestic violence cases takes place, it is what women say about not returning to court to finalise protection orders that is essential to this analysis. Despite progressive legislation such as the Domestic Violence Act, the inconsistent and faulty application of the law by the police and other criminal justice agents results in limiting the effect of the legislation, and discourages protection order applicants from continuing the legal process. keywords: applicants; cases; court; orders; process; protection; research; victims; violence cache: sacq-855.pdf plain text: sacq-855.txt item: #269 of 389 id: sacq-856 author: Holtzhausen, Leon title: Will the real social worker please stand up? Defining criminal justice social work date: 2011-03-08 words: 3891 flesch: 38 summary: The fundamental objective of this article is to urge a change in the conventional paradigms used to define the practice of social work in the field of criminal justice, and to set in motion a conversion to a unified paradigm of criminal justice social work. This text is essentially nomenclatorial in nature, meaning, it deals with the naming and defining the specialisation of criminal justice social work as distinctly different from social work in general. keywords: crime; criminal; justice; offenders; offending; practice; probation; risk; services; social; treatment; work cache: sacq-856.pdf plain text: sacq-856.txt item: #270 of 389 id: sacq-857 author: Mutahi, Patrick title: Between illegality and legality: (In)security, crime and gangs in Nairobi informal settlements date: 2011-03-08 words: 5257 flesch: 55 summary: Gang members have been used as police informers, in the long run establishing a system of mutual tolerance, co-existence and co-operation in solving crimes.39 However, police also have been known to protect the gangs when they commit crimes, since they may receive proceeds of extortion.40 Residents of Kibera and Mathare report crime to both the police and the gangs, depending on its seriousness. At times the police kill gang members, which serves as a daily reminder that the state is not entirely absent in the informal settlements, and that it is also powerful. keywords: crime; gangs; government; kenya; kibera; mathare; people; police; security; slums; state; violence cache: sacq-857.pdf plain text: sacq-857.txt item: #271 of 389 id: sacq-858 author: Omar, Jameelah title: A PRISONER’S RIGHT? The legal case for rehabilitation date: 2011-03-08 words: 4947 flesch: 44 summary: Thus, it is argued that in South Africa prisoners enjoy a recognisable, free-standing, enforceable right to rehabilitation. THE RIGHT TO REHABILITATION AS A NECESSITY FOR OTHER RIGHTS Whether the right to rehabilitation exists can also be argued for via the line of reasoning that it is necessary to recognise a right to rehabilitation in order to give full and proper effect to other entrenched, constitutional rights. keywords: africa; correctional; prisoners; rehabilitation; right; services; south; state cache: sacq-858.pdf plain text: sacq-858.txt item: #272 of 389 id: sacq-859 author: Botha, Chris title: On the record: Interview with Peter Tinsley, Executive Director of the Institute for Justice Sector Development, Canada date: 2011-03-08 words: 3072 flesch: 52 summary: Tell us about yourself and your involvement in police oversight in the world. Chris Botha met up with Peter Tinsley, recognised as an expert on the rule of law and the oversight of security forces, at a recent United Nations Development Programme (UNDP) conference on policing reform in Dhaka, Bangladesh, and discussed Canadian developments on issues of police oversight. keywords: community; law; oversight; police cache: sacq-859.pdf plain text: sacq-859.txt item: #273 of 389 id: sacq-860 author: Berg, Julie; Shearing, Clifford title: The practice of crime prevention: Design principles for more effective security governance date: 2011-03-08 words: 5026 flesch: 52 summary: Our understanding of ‘crime prevention’ is a broad one – it involves simply asking the question: How can we reduce the likelihood of this happening again? On the basis of our analysis, we propose three design principles to be followed if we, South Africans are to establish crime prevention as a central focus of our security governance. keywords: crime; criminal; governance; institutions; june; justice; policing; prevention; security; south cache: sacq-860.pdf plain text: sacq-860.txt item: #274 of 389 id: sacq-861 author: Faull, Andrew title: On the record: Interview with Francois Beukman, Executive Director of the Independent Complaints Directorate date: 2011-03-08 words: 3593 flesch: 64 summary: I think it’s clear that there has been a recent focus on police brutality and I think that is line with the thinking of the Portfolio Committee to bring in assault and torture as priority police crimes, and I think that is an appropriate response and will assist to curb that trend. The only way we’re going to improve our capability and ability to improve police conduct and reduce police crimes is to ensure that we have the necessary skills and management experience, so that’s why we want to make sure that we’ve got the correct team to do it. keywords: act; cases; directorate; icd; ipid; police cache: sacq-861.pdf plain text: sacq-861.txt item: #275 of 389 id: sacq-862 author: Bruce, David title: Beyond Section 49: Control of the use of lethal force date: 2011-03-08 words: 7027 flesch: 53 summary: While it is undoubtedly true that many of the victims of police use of lethal force are violent criminals it is also likely that there are many victims who, while they are marginalised young men, are wrongly identified as being suspects by the police and in fact are not guilty of any, or at least any serious, crimes.34 Over and above these more ‘technical’ questions, a use of lethal force policy should foreground values relating to the use of lethal force, particularly the need to give pre-eminence to the protection of human life. keywords: africa; force; incidents; law; members; police; public; saps; service; south; use cache: sacq-862.pdf plain text: sacq-862.txt item: #276 of 389 id: sacq-863 author: Burger, Johan title: To protect and serve: Restoring public confidence in the SAPS date: 2011-03-08 words: 6213 flesch: 45 summary: In spite of the NYPD leadership denying that corruption was a serious problem, the Commission found that: Today’s corruption is far more criminal, violent and premeditated than traditional notions of police corruption suggest and far more invidious … Testimony and field investigations demonstrated that its most salient forms include groups of officers protecting and assisting drug traffickers for often sizable profits – stealing drugs, guns and money – and often selling the stolen drugs and guns to or through criminal associates; committing burglary and robbery; conducting unlawful searches of apartments, cars and people; committing perjury and falsifying statements; and sometimes using excessive force …48 It is increasingly clear that poor management supervision, training and even recruitment are at the root of many of the problems within the SAPS. Reports of police brutality and criminal activity tend to result in police leadership trying to downplay the problem or distract the public in an effort to manage the image of the police organisation. keywords: allegations; april; brutality; commission; corruption; crime; ibid; june; police; policing; public; report; saps; south cache: sacq-863.pdf plain text: sacq-863.txt item: #277 of 389 id: sacq-864 author: Louw, Dap; Loots, Sonja title: Antisocial personalities: Measuring prevalence among offenders in South Africa date: 2011-03-08 words: 3737 flesch: 35 summary: However, several studies have determined a significant link between violent crime and antisocial personalities, including psychopathy, antisocial personality disorder (ASPD) and dissocial personality disorder (DPD).4 Studies have also shown that offenders who meet psychopathic or ASPD criteria have greater criminogenic needs, commit more violent crimes, and tend to recidivate more than non-psychopathic offenders.5 Regrettably, disagreements surrounding the classification of the antisocial personalities have hindered the identification of individuals who meet the diagnostic criteria of an antisocial personality. Results for the incidence of psychopathy and dissocial personality disorder indicate a similar trend to that found in other countries; whereas the prevalence of antisocial personality disorder contradicts international findings. keywords: aspd; crime; criteria; disorder; hare; offenders; personality; psychopathy; sample; south cache: sacq-864.pdf plain text: sacq-864.txt item: #278 of 389 id: sacq-865 author: Claassens, Aninka title: Resurgence of tribal levies: Double taxation for the rural poor date: 2011-03-08 words: 3892 flesch: 48 summary: This provision seems to be the basis on which Khosi Fhumulani Kutama, the chairperson of the National House of Traditional Leaders, stated in a 2007 affidavit in the Tongoane7 case that the Framework Act recognises the 'established practice of collecting traditional levies'. Speakers referred to tribal levies as a system of double taxation, targeting the 'poorest of the poor'. keywords: act; law; laws; leaders; levies; people; taxes; tribal cache: sacq-865.pdf plain text: sacq-865.txt item: #279 of 389 id: sacq-866 author: Gasa, Nomboniso title: The Traditional Courts Bill: A silent coup? date: 2011-03-08 words: 4261 flesch: 49 summary: Does restoring the dignity of customary law and affirmation of African cultural systems mean that South Africa must introduce 'traditional courts' with such sweeping powers? This provision not only undermines the constitutional rights of citizens who live in areas demarcated as 'traditional communities', but it also seeks to impose a single identity and an interpretation of customary law that is inconsistent with the inherited and living law. keywords: communities; community; cultural; individual; law; people; south; tcb cache: sacq-866.pdf plain text: sacq-866.txt item: #280 of 389 id: sacq-867 author: Holomisa, Phathekile title: Balancing law and tradition: The TCB and its relation to African systems of justice administration date: 2011-03-08 words: 3346 flesch: 55 summary: Others Balancing law and tradition The TCB and its relation to African systems of justice administration sholomisa@parliament.gov.za The African system of justice administration, as epitomised by traditional courts, is inclusive, democratic, open and welcoming to those who seek justice. In contrast to western value-inspired courts, which are intimidating, alienating, complicated, retributive, incarcerating and expensive, traditional courts seek to foster harmony, reconciliation, compensation to the aggrieved, easy and inexpensive access to justice, and the rehabilitation of the offender. keywords: african; courts; family; justice; leaders; people cache: sacq-867.pdf plain text: sacq-867.txt item: #281 of 389 id: sacq-868 author: Jara, Mazibuko K title: On the record: Interview with the Deputy Minister of Cooperative Governance and Traditional Affairs, Yunus Carrim date: 2011-03-08 words: 6260 flesch: 60 summary: See the Black Administration Act sections 12 and 20, which regulated traditional courts under the respective titles, 'Settlement of civil disputes by native chiefs' and 'Powers of chiefs to try certain offences'. This is meant to ensure that their needs in terms of development, service delivery, governance, access to indigenous knowledge systems, traditional courts and indigenous law, traditional healing and medicine, etc are adequately met.' keywords: act; chief; courts; government; law; leaders; people; role; tlgfa cache: sacq-868.pdf plain text: sacq-868.txt item: #282 of 389 id: sacq-869 author: Weeks, Sindiso Mnisi title: The Traditional Courts Bill: Controversy around process, substance and implications date: 2011-03-08 words: 5240 flesch: 51 summary: Moreover, the persons most likely to benefit from the 'free labour' are the traditional leaders who claim that it is customary for their 'subjects' to provide labour in the 'fields of the realm' and royal kraal.18 The TCB significantly limits the bases upon which rural people can apply for appeal and review of traditional court judgments and procedures.19 Startlingly, the powerful sanction in section 10(2)(g) as well as 'any other order that the traditional court may deem appropriate'20 are not appealable, if imposed.21 Section 10(2)(i) authorises traditional courts to deprive defendants of entitlements that accrue in terms of customary law and custom. The motivation for extension of the BAA, as contained in a notice to the Speaker of Parliament by the Chief Whip of the ANC, is to provide 'for…obtaining greater public input and consensus on contentious issues and allowing traditional courts to continue functioning legally'. keywords: bill; courts; justice; law; people; section; tcb; women cache: sacq-869.pdf plain text: sacq-869.txt item: #283 of 389 id: sacq-870 author: Weeks, Sindiso Mnisi title: Beyond the Traditional Courts Bill: Regulating customary courts in line with living customary law and the Constitution date: 2011-03-08 words: 7228 flesch: 46 summary: In the TCB, government has failed to arrive at a suitable framework to regulate customary courts. How do we regulate customary courts in ways that respect both living customary law and the Constitution? keywords: act; african; chief; community; courts; government; law; people; rights; section; state cache: sacq-870.pdf plain text: sacq-870.txt item: #284 of 389 id: sacq-871 author: Bruce, David title: Anger, hatred, or just heartlessness? Defining gratuitous violence date: 2010-03-08 words: 6362 flesch: 38 summary: Figure 1: Gratuitous violence – graphic representation Low Expressive High Gratuitous violence Lo w In st ru m en ta l H ig h CQ No. 34 - Dec 2010 12/17/10 9:32 AM Page 20 SA Crime Quarterly no 34 • December 2010 17 This approach to defining gratuitous violence also raises the question of how to factor consideration of the degree of violence used into an analysis of gratuitous violence. As will be discussed further, a key issue in the definition of gratuitous violence relates to the understanding of expressive violence. keywords: acts; africa; crime; cruelty; empathy; expressive; people; south; violence cache: sacq-871.pdf plain text: sacq-871.txt item: #285 of 389 id: sacq-872 author: Burger, Johan; Gould, Chandré; Newham, Gareth title: The state of crime in South Africa: An analysis of the SAPS crime statistics for 2009/10 date: 2010-03-08 words: 5317 flesch: 50 summary: The article discusses this issue and reflects on how the accuracy and reporting of crime statistics could be improved. A good example of such an independent instrument is the annual British Crime Survey (BCS) that supplements the police recorded crime statistics and thus provides a basis upon which to assess the accuracy of the police's figures. keywords: cent; crime; figure; increase; murder; police; robbery; south; statistics cache: sacq-872.pdf plain text: sacq-872.txt item: #286 of 389 id: sacq-873 author: Faull, Andrew title: ‘When I see them I feel like beating them’: Corruption and the South African Police Service date: 2010-03-08 words: 4626 flesch: 58 summary: This article focuses on findings emerging from the discussions in relation to questions on the ideal police, trust in police, experiences of police corruption, and perceptions of what government should do to address police corruption. In addition, the research explored the kind of police organisation that victims of police corruption want and whether a more 'forceful', militarised police image has any appeal to those who have experienced police abuse of power. keywords: corruption; crime; johannesburg; participants; perceptions; police; saps; trust cache: sacq-873.pdf plain text: sacq-873.txt item: #287 of 389 id: sacq-874 author: Jewkes, Rachel; Sikweyiya, Yandisa; Morrell, Robert; Dunkle, Kristin title: Why, when and how men rape: Understanding rape perpetration in South Africa date: 2010-03-08 words: 5742 flesch: 55 summary: To test statistical significance of associations between rape perpetration prevalence and race, income and education, adjusting for age and other factors, random effects logistic regression models were used, including a variable for stratum (study design). If we are to develop holistic policy responses to prevent rape it is necessary to understand rape perpetration, including its prevalence, patterns, and why men rape. keywords: africa; age; cent; gender; men; perpetration; prevalence; rape; research; south cache: sacq-874.pdf plain text: sacq-874.txt item: #288 of 389 id: sacq-875 author: Burger, Johan title: On the record: Interview with the Minister of Police, Nathi Mthethwa date: 2010-03-08 words: 3538 flesch: 65 summary: JB: In May this year, in your budget vote speech in Parliament, you referred to a 'new kind of police officer.' Please tell us a bit more about your vision for this new type of police officer and how this will be achieved? NM: In any society, the police are one section of society that is very much empowered. keywords: crime; kind; people; police; things cache: sacq-875.pdf plain text: sacq-875.txt item: #289 of 389 id: sacq-876 author: Gallinetti, Jacqui title: Don’t shout too loud:Reflections on the outrage against human and child trafficking date: 2010-03-08 words: 3941 flesch: 32 summary: According to the International Labour Organisation (ILO), child trafficking: Don’t shout too loud Reflections on the outrage against human and child trafficking Jacqui Gallinetti* jgallinetti@uwc.ac.za Human and child trafficking is regarded as an international crime and serious human rights violation. Then there is the United Nations Convention on the Rights of the Child (1989), which addresses child trafficking in Article 35 by requiring states to take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of, or traffic in children for any purpose or in any form. keywords: child; children; convention; human; labour; rights; trafficking cache: sacq-876.pdf plain text: sacq-876.txt item: #290 of 389 id: sacq-877 author: Gear, Sasha title: Imprisoning men in violence: Masculinity and sexual abuse: a view from South African prisons date: 2010-03-08 words: 5363 flesch: 40 summary: Deeply destructive notions of what it means to be a 'man' are entrenched in prison, and include the experience that victims of prison sexual violence will be unrecognised or receive only stigmatised and humiliating attention, while there are no negative consequences for perpetrators, who may even garner respect as a result.49 But while these harmful ideas about manhood may be particularly exaggerated in prison, the discourses that support them are powerful outside prison as well. After years of sometimes hopeful but frequently disappointing and frustrating attempts by activists, researchers and individuals in the Department of Correctional Services (DCS) to place sexual violence behind bars firmly on the South African agenda, there is finally cause for cautious optimism. keywords: dcs; gear; inmates; male; men; prison; rape; staff; victims; violence cache: sacq-877.pdf plain text: sacq-877.txt item: #291 of 389 id: sacq-878 author: Polzer, Tara; Takabvirwa, Kathryn title: ‘Just crime’? Violence, xenophobia and crime: discourse and practice date: 2010-03-08 words: 4835 flesch: 34 summary: 4 Institute for Security Studies Assessments of the police's role during the May 2008 violence, and in various episodes of violence prior to and since then, have been ambivalent at best, identifying insufficient protection of victims, half-hearted investigations against perpetrators, and in some cases outright collusion with attackers.13 Police at senior levels have shown a concern to learn from these experiences, and since 2009 the SAPS has in fact adopted a series of measures to respond proactively to violence against foreign nationals, including the establishment of dedicated structures to address such violence. In the case of violence against foreign nationals in South Africa, any convincing discussion of motivations must be able to explain: a) who commits such violence SA Crime Quarterly no 33 • September 2010 5 6 Institute for Security Studies (including why such violence tends to be concentrated in certain types of communities), b) who the targets of such violence are and why these particular individuals or groups are targeted, and c) the various forms that intimidation and violence take. keywords: africa; crime; criminal; july; minister; nationals; police; south; violence; xenophobia cache: sacq-878.pdf plain text: sacq-878.txt item: #292 of 389 id: sacq-880 author: Grould, Chandre title: On the record: Interview with David Lewis, Director of Corruption Watch date: 2012-03-08 words: 3516 flesch: 69 summary: But the fact that COSATU thought that this was important enough an issue to establish an institution like Corruption Watch seems to suggest that that you feel that corruption is South Africa’s single most important problem. More recently, Jeff Radebe said at the launch of Corruption Watch that corruption is as serious a problem as racism was during apartheid. keywords: complaints; corruption; people; problem; public; south cache: sacq-880.pdf plain text: sacq-880.txt item: #293 of 389 id: sacq-8802 author: Cinini, Samuel Fikiri; Mkhize, Sazelo title: Combatting violence against African foreign nationals: A criminological approach towards community safety in the KwaZulu-Natal province of South Africa date: 2022-11-25 words: 5957 flesch: 46 summary: Creating good relationships has the potential to address the safety and security of African foreign nationals but also to create safety within South Africa at large. 30 Ryan Solomon, Xenophobic Violence and the Ambivalence of Citizenship in Post-Apartheid South Africa, Citizenship Studies 23, no. 2 (2019): 156–71, DOI: 10.1080/13621025.2019.1584158. 31 Adeleke Olumide Ogunnoiki and Ademola Adefisayo Adeyemi, The Impact of Xenophobic Attacks on Nigeria-South Africa Relations, African Journal of Social Sciences and Humanities Research 2, no. 2 (2019): 1–18. keywords: africa; communities; community; crime; foreigners; government; migrants; nationals; security; social; south; south africa; violence cache: sacq-8802.pdf plain text: sacq-8802.txt item: #294 of 389 id: sacq-881 author: Ratele, Kopano title: Watch your man: Young black males at risk of homicidal violence date: 2010-03-08 words: 4139 flesch: 38 summary: In policing young black men, the South African police need to get better, up-to-date knowledge and training in young black men's constructions of masculinity. Such knowledge and training could make the police more effective in policing places where young black men hang out, with a good chance that it will save many more lives than is the case at present. keywords: africa; crime; homicide; males; masculinity; men; south; south africa; violence cache: sacq-881.pdf plain text: sacq-881.txt item: #295 of 389 id: sacq-882 author: Friedman, Steven title: Winning public trust: Towards a wider agenda for judicial transformation date: 2010-03-08 words: 4191 flesch: 52 summary: In a society in which race has long been the key fault line, the race of judges is likely to enhance judicial legitimacy among the majority even if it is not decisive. Given this, the tests of judicial independence South Africa has recently experienced – such as complaints by 4 Institute for Security Studies political leaders that judges are biased against senior politicians6 – are not crises; they are simply evidence that South Africa experiences the same pressures as other democracies. keywords: black; change; judges; judiciary; justice; legitimacy; south; system cache: sacq-882.pdf plain text: sacq-882.txt item: #296 of 389 id: sacq-883 author: Gould, Chandré; Richter, Marlise; Palmery, Ingrid title: Of Nigerians, albinos, satanists and anecdotes: A critical review of the HSRC report on human trafficking date: 2010-03-08 words: 5578 flesch: 48 summary: Researching human trafficking is a notoriously difficult undertaking, not least because those involved in trafficking have a strong incentive to keep their activities hidden. , Community stabilisation can reduce human trafficking, Eye on Trafficking, International Organisation on Migration, (20), 2009, 5. keywords: africa; crime; data; hsrc; human; information; report; research; south; trafficking; victims cache: sacq-883.pdf plain text: sacq-883.txt item: #297 of 389 id: sacq-884 author: Redpath, Jean title: Using data to make a difference: Understanding crime through victimisation surveys date: 2010-03-08 words: 5263 flesch: 53 summary: All theft not mentioned elsewhere 685 Total theft 950 950 37 4 625 14 1 750 38% 2 511 1 561 164% Robbery with aggravat- ing circumstances 571 Common robbery 285 Robbery at business premises 16 Robbery at residential premises 4 Total robbery 876 876 67 8375 49 1750 73% 1198 322 37% TOTAL 5 350 5 350 235 29 375 165 16 250 70% 7 620 2 270 42% SA Crime Quarterly no 32 • June 2010 13 In Galeshewe an estimated 'telescoping rate' for reported crime of 42% was calculated (see Table 1). Note however that the impact of a successful intervention aimed at preventing re-victimisation is unlikely to be properly reflected in reported crime data. keywords: crime; data; galeshewe; population; survey; victimisation; victims cache: sacq-884.pdf plain text: sacq-884.txt item: #298 of 389 id: sacq-885 author: Vetten, Lisa; Jewkes, Rachel; Sigsworth, Romi; Christofides, Nicola; Loots, Lizle; Dunseith, Olivia title: Worth their while? Pursuing a rape complaint through the criminal justice system date: 2010-03-08 words: 4100 flesch: 61 summary: Adults were also twice as likely as young girls to be the victims of gang rape (20,0% vs 8,2%). To read the full report please visit: http://www.tlac.org.za/images/documents/tracking %20justice_web.pdf R. Jewkes, N. Christofides, L. Vetten, R. Jina, R. Sigsworth et al, Medico-Legal Findings, Legal Case Progression, and Outcomes in South African Rape Cases: Retrospective Review. keywords: adult; cases; girls; police; rape; study; victims; women cache: sacq-885.pdf plain text: sacq-885.txt item: #299 of 389 id: sacq-886 author: ZINN, RUDOLPH title: Inside information: Sourcing crime intelligence from incarcerated house robbers date: 2010-03-08 words: 5132 flesch: 39 summary: The value of crime information obtained from convicted offenders can only be maximised if it is analysed, processed and used in conjunction with other crime information and crime intelligence. In several countries all available sources are used to obtain crime information on a specific crime in order to formulate crime intelligence that is as accurate and reliable as possible. keywords: crime; crime information; crime intelligence; house; information; intelligence; police; policing; respondents; robbers cache: sacq-886.pdf plain text: sacq-886.txt item: #300 of 389 id: sacq-887 author: Matthews, Iole title: On the record: Interview with Advocate Menzi Simelane date: 2010-03-08 words: 3956 flesch: 68 summary: Many seniors also sell themselves as specialists, say in sexual offences, but then shouldn't they be prosecuting in those courts with the highest rates of sexual offence cases and guiding more junior prosecutors? IM The more senior you are the better you can negotiate and execute that responsibility and if you are successful you save court time, reduce backlogs. keywords: npa; people; prosecutions; public cache: sacq-887.pdf plain text: sacq-887.txt item: #301 of 389 id: sacq-888 author: Bruce, David Bruce title: ‘The ones in the pile were the ones going down’: The reliability of violent crime statistics date: 2010-03-08 words: 6260 flesch: 46 summary: It is therefore only viable to use crime statistics as a police performance measure in circumstances where the process of recording crime itself has a high level of integrity and reliability.32 CQ No. 31 - Mar 2010 3/17/10 3:20 PM Page 19 16 Institute for Security Studies There is therefore obviously a need to establish a culture of integrity in recording crime statistics in the SAPS. One reason for this is that the Performance Chart gives particular weight to violent crime cases so that the incentive not to record these cases is stronger (see Andrew Faull's article in this edition of SACQ). keywords: assault; cases; cent; crime; murder; police; robbery; saps; station; statistics cache: sacq-888.pdf plain text: sacq-888.txt item: #302 of 389 id: sacq-889 author: Budlender, Debbie title: Money down the drain: The direct cost to government of alcohol abuse date: 2010-03-08 words: 3588 flesch: 44 summary: If we base the proportion attributed to alcohol on the proportion of inmates thought to be incarcerated on account of crimes related to alcohol abuse, then the same proportion could arguably be used for all the programmes listed below, as well as for the sub-programme related to prisons run by private companies through public- private partnerships. CQ No. 25 SA Crime Quarterly no 31 • March 2010 3 Money down the drain The direct cost to government of alcohol abuse Debbie Budlender debbieb@mail.ngo.za Soul City has recently embarked on a multi-year campaign that aims to prevent and reduce violence through focusing on alcohol abuse. keywords: abuse; alcohol; budget; cent; crime; programmes; sub cache: sacq-889.pdf plain text: sacq-889.txt item: #303 of 389 id: sacq-890 author: Combrinck, Heléne; Wakefield, Lorenzo title: Going the extra mile: Police training on domestic violence date: 2010-03-08 words: 4930 flesch: 40 summary: Domestic violence training should be more practical and based more on practical examples • New students should be given additional training on domestic violence as part of their basic training • Policy guidance should be given to station commissioners regarding their responsibility for training on the DVA at station level • to examine whether the intersections between domestic violence and HIV/AIDS should be included in police training on domestic violence. keywords: dva; members; national; police; research; saps; training; violence cache: sacq-890.pdf plain text: sacq-890.txt item: #304 of 389 id: sacq-891 author: Faull, Andrew title: Missing the target: When measuring performance undermines police effectiveness date: 2010-03-08 words: 4546 flesch: 51 summary: Analysts expressed concern that such rhetoric effectively encouraged police to act recklessly, or even to break the law by acting outside of the parameters of Section 49 of the Criminal Procedures Act governing police use of force.3 Although only at a stretch, the rhetoric can be interpreted as equating illegal police action with enhancing police performance. But can police dishonesty, corruption, or crime ever be considered an enhancer of police performance? keywords: chart; crime; performance; police; policing; saps; south; station; statistics cache: sacq-891.pdf plain text: sacq-891.txt item: #305 of 389 id: sacq-892 author: Newham, Gareth title: Interview with Jenni Irish-Qhobosheane date: 2010-03-08 words: 1731 flesch: 61 summary: CQ No. 25 SA Crime Quarterly no 31 • March 2010 35 Gareth Newham (GN): What are the core functions of the Secretariat? Jenni Irish-Qhobosheane (JIQ): Essentially, the core function is to support the minister of police to fulfil his constitutional mandate and responsibility. Another key challenge is that the Secretariat will have to remain focused on the broad issues, or the structural issues, that impact on police transformation and not be distracted by the different individual issues that emerge. keywords: national; police; secretariat cache: sacq-892.pdf plain text: sacq-892.txt item: #306 of 389 id: sacq-893 author: Dimba, Mukelani title: The power of information: Implementing the right to information laws date: 2009-03-08 words: 3799 flesch: 45 summary: The power of information Implementing the right to information laws Mukelani Dimba dimba@opendemocracy.org.za South Africa boasts what has been referred to as the gold standard of constitutional development in terms of its constitutional reforms, its bill of rights, its access to information act, its protection of whistle blowers and the elaboration of other civil, political, social and economic rights. Some key criminal justice departments have not set the best example for compliance with right to information laws. keywords: access; democracy; information; law; open; paia; public; south cache: sacq-893.pdf plain text: sacq-893.txt item: #307 of 389 id: sacq-894 author: Bruce, David; Gould, Chandré title: The war against the causes of crime: Advocacy for social crime prevention in the face of tougher law enforcement date: 2009-03-08 words: 4904 flesch: 42 summary: CQ No. 25 SA Crime Quarterly no 30 • December 2009 13 This article aims to contribute to the debate about the obstacles and challenges to implementing social crime prevention in South Africa. The war against the causes of crime Advocacy for social crime prevention in the face of tougher law enforcement David Bruce and Chandré Gould dbruce@csvr.org.za cgould@issafrica.org Since the release of the National Crime Prevention Strategy (NCPS) in May 1996, social crime prevention has been a key concept in debates about how to address the problems of crime and violence in South Africa. keywords: africa; crime; crime prevention; criminal; justice; law; prevention; social; south cache: sacq-894.pdf plain text: sacq-894.txt item: #308 of 389 id: sacq-895 author: Burger, Johan title: Worrying trends: The official 2008/09 South African crime statistics date: 2009-03-08 words: 4036 flesch: 58 summary: At least ten police stations were identified where crime statistics are not being recorded accurately: five in the Western Cape, four in Gauteng and one in KwaZulu-Natal.2 According to a report in the Cape Times, Lennit Max, MEC for Community Safety in the Western Cape, requested the Independent Complaints Directorate (ICD) to investigate allegations that crime statistics were being manipulated at Paarl, Paarl East, Mbekweni and Wellington police keywords: business; cent; crime; figure; police; rate; robberies; statistics cache: sacq-895.pdf plain text: sacq-895.txt item: #309 of 389 id: sacq-8955 author: van der Spuy, Elrena title: On the record - An obituary for Professor Mike Brogden, sociologist, social historian, policing scholar, troublemaker of sorts date: 2020-10-01 words: 2534 flesch: 56 summary: Those interested in South African policing too should follow Reiner’s advice: reading Brogden’s work helps us appreciate the structural contours within which South African police and policing evolved. Brogden’s scholarship served to connect the story of South African policing in complex and refreshing ways to the history of British colonial rule; to the heady shifts of post-Cold War transitions and to global shifts in governance. keywords: africa; brogden; crime; police; policing; south; time cache: sacq-8955.pdf plain text: sacq-8955.txt item: #310 of 389 id: sacq-896 author: Marks, Monique title: Dancing with the devil? Participatory action research with police in South Africa date: 2009-03-08 words: 4962 flesch: 48 summary: In trying to effect police organisational change, it is important to SA Crime Quarterly no 30 • December 2009 33 work closely with powerful individuals. Those who adhere to PAR frameworks work together with the police with a basic acceptance that police knowledge has an equal (though different) value to scholarly knowledge. keywords: change; knowledge; par; police; policing; popcru; researchers; work; working cache: sacq-896.pdf plain text: sacq-896.txt item: #311 of 389 id: sacq-897 author: Silber, Gavin; Geffen, Nathan title: Race, class and violent crime in South Africa: Dispelling the ‘Huntley thesis’ date: 2009-03-08 words: 4536 flesch: 49 summary: In this article we show the flaws in Huntley's argument by presenting evidence from several sources that demonstrate that black and poor people are disproportionately the victims of violent crime in South Africa. CQ No. 25 Everyone in South Africa is affected by crime, and the consequent sense of insecurity that comes with living in fear. keywords: africa; cape; cent; crime; huntley; myburgh; police; race; south; town cache: sacq-897.pdf plain text: sacq-897.txt item: #312 of 389 id: sacq-898 author: Gould, Chandré title: On the record: Interview with Judge Deon van Zyl,Inspecting Judge, Judicial Inspectorate of Prisons date: 2009-03-08 words: 3244 flesch: 64 summary: The JIOP and the Independent Prison Visitors (IPVs) visit prisons, but there are no published minimum standards against which conditions in correctional centres can be measured. We have certain benchmarks against which conditions in correctional centres are measured, most noticeably the Correctional Services Act 111 of 1998, the Regulations and the White Paper. keywords: dvz; inmates; prisons; report cache: sacq-898.pdf plain text: sacq-898.txt item: #313 of 389 id: sacq-899 author: Burger, Johan; Omar, Bilkis title: Can practice make perfect? Security and the 2010 FIFA World Cup date: 2009-03-08 words: 4850 flesch: 47 summary: It also provides a synopsis of other security operations during 2009, such as the general elections, the Indian Premier League Cricket tournament and the British and Irish Lions rugby tour, and the lessons learnt from these. Security operations At a press conference in Pretoria on 29 June 2009 the National Joint Operational and Intelligence Structure (NATJOINTS)19 provided a briefing on the security operations for the FCC. keywords: crime; fifa; fwc; ibid; members; national; operations; police; saps; security; south cache: sacq-899.pdf plain text: sacq-899.txt item: #314 of 389 id: sacq-900 author: Gould, Chandre title: On the record: Interview with Vincent Smith, MP date: 2009-03-08 words: 2375 flesch: 69 summary: VS: Many problems with the DCS's expenditure in the past relate to a lack of policy, and a lack of compliance with policy. Aside even from the privatisation of prisons, there has been strong criticism of the extent to which DCS outsources its core services. keywords: committee; dcs; prisons; problem cache: sacq-900.pdf plain text: sacq-900.txt item: #315 of 389 id: sacq-901 author: Monson, Tamlyn; Misago, Jean-Pierre title: Why history has repeated itself: The security risks of structural xenophobia date: 2009-03-08 words: 6534 flesch: 41 summary: First, despite the obvious fact that the DHA has limited capacity to coordinate and carry out its existing functions of immigration management – let alone the capacity to mount any kind of social assistance response – other government organs were keen to see the DHA as the lead department for the humanitarian response.41 Almost a year later, Disaster Management staff continued to express this sentiment to FMSP researchers in one province.42 On the most basic level, this represents the tendency to see victims of xenophobic attacks primarily as outsiders to the state rather than as residents of the country in need of protection. This article demonstrates the importance of a strong will at every level of government to assist and protect victims of xenophobic attacks, thereby securing long term security and justice for all. keywords: attacks; cases; communities; foreigners; nationals; non; police; reintegration; security; south; state; victims; violence cache: sacq-901.pdf plain text: sacq-901.txt item: #316 of 389 id: sacq-902 author: Nagia-Luddy, Fairouz; Waterhouse, Samantha title: Oiling the wheels of justice? The RAPCAN Child Witness Project date: 2009-03-08 words: 5568 flesch: 46 summary: 6 S Bellett, Child witness service: what's so special about it? 22 Bellett, Child witness service. keywords: cape; child; children; court; justice; preparation; project; rapcan; service; support; system; witness cache: sacq-902.pdf plain text: sacq-902.txt item: #317 of 389 id: sacq-903 author: Newham, Gareth title: Cops and robbers - a new approach: The Gauteng Aggravated Robbery Strategy date: 2009-03-08 words: 3657 flesch: 46 summary: The policing operations to tackle Trio robberies in 2006 and 2007 relied heavily on deploying additional personnel into identified Trio crime 'hot-spots' to engage in high visibility activities such as road-blocks, stop and searches and increased patrols. While these tactics could reduce Trio crimes in specific locations for a limited time, 4 Institute for Security Studies Figure 1: Gauteng Trio Crime Trends between 2002/03 and 2007/08 20 000 15 000 10 000 5 000 0 2002/3 4 831 2 662 9 587 17 080 Residential robbery Business robbery Hijacking Total Trio Crime 2003/4 5 375 2 335 8 891 16 601 2004/5 5 608 2 115 7 208 14 931 2005/6 6 196 3 148 7 237 16 581 2006/7 7 732 4 492 7 314 19 538 2007/8 7 314 5 098 7 466 19 878 CQ 29 Sept TO REMATA 9/10/09 11:35 AM Page 8 it was clear that they were not leading to sustainable reductions. keywords: crime; gauteng; police; robberies; robbery; saps; strategy; trio cache: sacq-903.pdf plain text: sacq-903.txt item: #318 of 389 id: sacq-904 author: Faull, Andrew; Mtsolongo, Thoko title: From stings to wings: Integrity management and the Directorate for Priority Crime Investigations date: 2009-03-08 words: 4911 flesch: 42 summary: Police members who torture suspects in order to garner information may believe they are performing a necessary evil.17 In 2009 alone, members of SAPS organised crime units have been arrested for torture and murder, as well as for involvement in drug smuggling.18 There is also some evidence that torture may not be uncommon in these units.19 As organised crime members will make up a significant proportion of Hawks personnel, these matters should be flagged and monitored as leadership shapes the values of the new unit. This discourse is evident in the numerous stories of police corruption and abuse carried in the country's media on a daily basis, and the perceptions of mistrust in police, which these often generate. keywords: crime; hawks; integrity; members; national; new; police; saps; scorpions; security; unit cache: sacq-904.pdf plain text: sacq-904.txt item: #319 of 389 id: sacq-905 author: Bruce, David title: Dictating the local balance of power: Election-related violence in South Africa date: 2009-03-08 words: 4483 flesch: 54 summary: Is political violence during election periods here to stay, and is it something that we need to concern ourselves about in relation to future elections? These were just two of a number of incidents of political violence in the area on that weekend. keywords: anc; area; cope; election; ifp; natal; south; supporters; violence cache: sacq-905.pdf plain text: sacq-905.txt item: #320 of 389 id: sacq-906 author: Collins, Anthony title: Taking on Altbeker: A Country at War with Itself - The debate continues date: 2009-03-08 words: 2131 flesch: 48 summary: The debate continues Anthony Collins School of Psychology, University of KwaZulu-Natal collinsa@ukzn.ac.za Antony Altbeker's book A Country at War with Itself provides a strong basis for considering what is wrong with current approaches to dealing with violent crime. As a concerned and thoughtful citizen who has both experienced the sharp end of violent crime, and has spent time on the street with the police, he has many stories to tell. keywords: altbeker; crime; south; violence cache: sacq-906.pdf plain text: sacq-906.txt item: #321 of 389 id: sacq-907 author: Faull, Andrew title: Need or greed? Corruption and integrity management in a Gauteng police station date: 2009-03-08 words: 5150 flesch: 56 summary: Many respondents seem to base their perceptions on reports of police corruption in the media.9 Others said they heard members of the public and colleagues talking about police corruption, and felt that the inability of the SAPS to reduce crime was evidence of corruption. He believed that if corruption management was not prioritised, it would be forgotten. keywords: constable; corruption; crime; members; respondents; saps; shifts; station cache: sacq-907.pdf plain text: sacq-907.txt item: #322 of 389 id: sacq-908 author: Frank, Cheryl; Waterhouse, Samantha title: One step forward, two steps back? The impact of the SAPS restructuring of the FCS Units date: 2009-03-08 words: 4976 flesch: 45 summary: The study recommends that the SAPS implement a medium-term plan for the improvement of FCS services, with a focus on ensuring a continued increase in access to services, and a concomitant focus in ensuring the quality of these services. The study also sought to develop a baseline in terms of what should be defined as a high-quality service in relation to FCS services. keywords: countries; fcs; level; restructuring; saps; services; units; victims cache: sacq-908.pdf plain text: sacq-908.txt item: #323 of 389 id: sacq-909 author: Mujuzi, Jamil Ddamulira title: Calling for the punishment to fit the crime: Genocide, war crimes and crimes against humanity in South Africa date: 2009-03-08 words: 2006 flesch: 40 summary: In order to fully comply with its obligations under the Rome Statute, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act in 2002.1 Two of the five objectives of the Implementation of the Rome Statute Act are 'to create a framework to ensure that the Statute is effectively implemented in the Republic' and 'to provide for the crime of genocide, crimes against humanity and war crimes. DISCRETIONARY LIFE IMPRISONMENT One of the striking things about life imprisonment in South Africa is that for serious and international offences like war crimes, crimes against humanity and genocide, the court, while playing its complementary role to the International Criminal Court (ICC)4 under the Implementation of the Rome Statute Act, has wide discretion to determine whether to sentence the offender to life imprisonment or not. keywords: crimes; imprisonment; war; war crimes cache: sacq-909.pdf plain text: sacq-909.txt item: #324 of 389 id: sacq-9253 author: Cameron, Edwin title: The crisis of criminal justice in South Africa date: 2020-11-23 words: 9214 flesch: 47 summary: 13 P Burton, A du Plessis, T Leggett and A Louw, National victims of crime survey South Africa 2003, ISS Monograph 101, 2004, 15. It was vividly encapsulated the newly established South African Human Rights Commission’s Report, produced in 1998, following an inquiry into prisons in South Africa.7 In the Foreword, the Commission’s chairperson, Professor Barney Pityana, stated optimistically that the duty of the Commission is ‘to develop a different calibre of prison system that would be consistent with our new Constitution and with international norms and standards’.8 In the same spirit, the Constitution provides that prisoners, including both remand detainees and sentenced offenders, have the right to ‘conditions of detention that are consistent with human dignity’. keywords: act; africa; bail; centre; correctional; court; crime; criminal; justice; minimum; new; prison; prisoners; sentences; sentencing; services; south; south africa; system; trial cache: sacq-9253.pdf plain text: sacq-9253.txt item: #325 of 389 id: sacq-9309 author: Kriegler, Anine title: On the record - Interview with Shaun Shelly, Researcher at the University of Pretoria and the Policy, Advocacy and Human Rights lead at TB HIV Care, South Africa: Interview with Shaun Shelly, Researcher at the University of Pretoria and the Policy, Advocacy and Human Rights lead at TB HIV Care, South Africa date: 2021-01-18 words: 5259 flesch: 67 summary: My time is spent between these organisations, trying to coordinate efforts around drug policy in South Africa. I see my role as trying to coordinate the national response to drugs, and possibly to contribute to the field, through bringing a more pragmatic and diverse view on drug policy, people who use drugs, and the problems involved with policy and drug use. keywords: africa; alcohol; community; drugs; lot; need; people; policy; south; use cache: sacq-9309.pdf plain text: sacq-9309.txt item: #326 of 389 id: sacq-936 author: Barolsky, Vanessa; Pillay, Suren title: A call for comparative thinking: Crime, citizenship and security in the global South date: 2009-03-08 words: 4323 flesch: 37 summary: CRIME AND TRANSITION It has been widely noted that many societies that have experienced a transition from authoritarian to democratic rule, as was the case in South Africa, have experienced a rapid escalation in crime rates, including violent crime. However, various forms of social violence at all levels of society, ranging from armed robbery to sexual violence and murder, have remained at extremely high levels. keywords: africa; context; crime; democracy; levels; rates; south; state; violence cache: sacq-936.pdf plain text: sacq-936.txt item: #327 of 389 id: sacq-937 author: Ehlers, Louise; Tait, Sean title: Finding the right balance: Immediate safety versus long-term social change date: 2009-03-08 words: 4441 flesch: 45 summary: Social crime prevention must be a priority that is integrated across a range of government departments, most immediately the departments of social development and education. Elsie’s River, like Orange Farm (and unlike Nompumelelo), has seen significant support for social crime prevention. keywords: africa; crime; crime prevention; development; prevention; safety; security; society; south; south africa cache: sacq-937.pdf plain text: sacq-937.txt item: #328 of 389 id: sacq-938 author: Faull, Andrew title: Taking the test: Policing integrity and professionalism in the MPDs date: 2009-03-08 words: 2391 flesch: 47 summary: These tests involve real life scenarios that police officers might expect to encounter in the course of their normal duties. The aim of the conference was for the IAB to share its experience of combating police corruption so that lessons could be transferred to South African institutions. keywords: corruption; integrity; mpds; officers; police; tests cache: sacq-938.pdf plain text: sacq-938.txt item: #329 of 389 id: sacq-939 author: Labuschagne, Irma title: The nature of the beast: A critical discussion of profiling date: 2009-03-08 words: 1734 flesch: 56 summary: Indeed, psychologists who provide profiles of serial killers who are still at large, based solely on personality variables, are at best engaging in invalidated clinical judgment and unsubstantiated hunches.3 Rather, profile information should be based on the collected knowledge of all sectors of criminology, psychology, sociology, anthropology and psychiatry, as well as from the disciplines of political science, history, and economics. The behavioural scientists who study serial killers define them narrowly as killers who, over a period of time, slay three or more victims, compelled by an inner drive that finds release only in killing. keywords: crime; event; killers; killing cache: sacq-939.pdf plain text: sacq-939.txt item: #330 of 389 id: sacq-940 author: Webb, Werner title: Prevention is better than cure: Promoting public service integrity date: 2009-03-08 words: 3864 flesch: 35 summary: Privatisation and contracting out became popular means for the delivery of public services. Public service reform In the 1980s, the United States president declared that the public service was not the solution to the problem, but was the problem. keywords: conduct; corruption; ethics; government; integrity; officials; public; research; sector; service cache: sacq-940.pdf plain text: sacq-940.txt item: #331 of 389 id: sacq-941 author: Batley, Mike title: Ngwana phosa dira ga a bolawe: The value of restorative justice to the reintegration of offenders date: 2008-03-08 words: 4344 flesch: 43 summary: Restorative justice processes focus on relationships and create opportunities for individual, family and community restoration and reconciliation. Researchers need to turn their attention to assisting practitioners and policy makers discover what rehabilitative programmes work under what circumstances and what the exact relationship is between these programmes and restorative justice processes. keywords: africa; crime; justice; offender; processes; programmes; rehabilitation; restorative; south; victim cache: sacq-941.pdf plain text: sacq-941.txt item: #332 of 389 id: sacq-942 author: Burton, Patrick title: Learning to fear, fearing to learn: Measuring the extent of school violence date: 2008-03-08 words: 3722 flesch: 50 summary: Much of what occurs in schools is learnt through exposure to violence at home and outside the school, necessitating an integrated approach to addressing school violence that moves beyond a limited focus on the school itself. Exposure to violence as well as personal experiences of violence are as common in the home and community as at school, with one tenth of primary school learners having been assaulted at home, and one in ten secondary school learners having been robbed at home. keywords: alcohol; cent; crime; home; learners; school; violence cache: sacq-942.pdf plain text: sacq-942.txt item: #333 of 389 id: sacq-943 author: Gould, Chandré title: To measure and what to measure: Towards assessing the impact of social crime prevention projects date: 2008-03-08 words: 3160 flesch: 51 summary: They have been transported from Eden campus to two farm halls and a church hall (and later the community hall) in Touwsranten where high school children have gathered to do their homework. The idea was that the co- ordinator would ensure that children, particularly those from disadvantaged backgrounds, were engaged in positive activities in the afternoons after school and over weekends and holidays. keywords: area; children; clubs; crime; homework; initiative; school cache: sacq-943.pdf plain text: sacq-943.txt item: #334 of 389 id: sacq-944 author: Mashele, Prince title: The ‘shoot to kill’ approach: Inflammatory rhetoric no solution to crime date: 2008-03-08 words: 2349 flesch: 57 summary: CQ No. 25 SA Crime Quarterly no 26 • December 2008 11 With the 2009 election around the corner, many South Africans are listening carefully to hear how those vying for public office promise to rid our country of the scourge of crime. Before paying closer attention to the implications of some of the statements, it may be necessary to reflect briefly on the state of crime in South Africa today. keywords: cent; crime; police; south; system; world cache: sacq-944.pdf plain text: sacq-944.txt item: #335 of 389 id: sacq-945 author: Muntingh, Lukas title: Punishment and deterrence: Don’t expect prisons to reduce crime date: 2008-03-08 words: 4174 flesch: 52 summary: However, by the early 19th century there was increasing evidence that prisons were not effective in reducing crime and a number of astute conclusions were drawn (in France) between 1823 and 1842 to this effect, including: • Freed inmates are subjected to conditions that necessarily condemn them to recidivism: they are under surveillance by the police; they are assigned to a particular residence, or forbidden others; they leave prison with a ‘passport’ that they must show wherever they go with details of the sentence they have served (1823) • Prison produces delinquents. CQ No. 25 SA Crime Quarterly no 26 • December 2008 3 Punishment and deterrence Don’t expect prisons to reduce crime Lukas Muntingh Civil Society Prison Reform Initiative muntingh@worldonline.co.za The belief is thoroughly entrenched that prisons fulfil the triple function of punishing offenders, making society safer by removing dangerous individuals, and deterring potential offenders from committing crime. keywords: crime; imprisonment; number; offenders; prisons; rate; society cache: sacq-945.pdf plain text: sacq-945.txt item: #336 of 389 id: sacq-946 author: Gxubane, Thulane title: Agents of restorative justice? Probation officers in the child justice system date: 2008-03-08 words: 3511 flesch: 47 summary: The concept of restorative justice as a proposed philosophical and legislative framework for working with young offenders is also discussed in an attempt to challenge the bifurcation of offences1 – which seems to be informed by the general misconception that diversion and restorative justice is inappropriate in dealing with youth sex offences. As probation is a Agents of restorative justice? Probation officers in the child justice system Thulane Gxubane Thulane.Gxubane@uct.ac.za Probation officers, like generic social workers, have been and continue to be implementers rather than generators of social policies. keywords: child; justice; offenders; officers; probation; restorative; social cache: sacq-946.pdf plain text: sacq-946.txt item: #337 of 389 id: sacq-947 author: Muntingh, Lukas title: The struggle continues: The fight against corruption in prisons date: 2008-03-08 words: 3727 flesch: 46 summary: SUSTAINED DISCIPLINARY ACTION Given the findings of the Jali Commission and the work of the SIU one would have expected a consistent, if not growing, trend in disciplinary actions against DCS officials, resulting in a significant proportion of dismissals. The increase in the number of DCS officials (from 30 199 in 1998 (DCS 1999:39) to 40 795 in 2006/7 (D CS 2007:140)) should also have been reflected in a natural increase in the number of disciplinary sanctions. keywords: commission; corruption; dcs; department; investigations; services; siu cache: sacq-947.pdf plain text: sacq-947.txt item: #338 of 389 id: sacq-948 author: Omar, Bilkis title: Investigating psychologically motivated crimes: The work of the SAPS Investigative Psychology Unit date: 2008-03-08 words: 3375 flesch: 55 summary: This article draws attention to the contribution the unit makes to the investigation and prosecution of serial crimes in South Africa. Once the IPU has been called in, a t ask team of detectives – either SVC or FCS detectives – from the affected areas is mobilised by the provincial co-ordinator and an operations room is set up were serial cases that resulted in six arrests. keywords: crimes; investigation; ipu; members; saps; serial; unit cache: sacq-948.pdf plain text: sacq-948.txt item: #339 of 389 id: sacq-949 author: Skelton, Ann; Gallinetti, Jacqui title: A long and winding road: The Child Justice Bill, civil society and advocacy date: 2008-03-08 words: 4217 flesch: 49 summary: While great frustration was expressed at times regarding the delays in the finalisation of the Child Justice Bill, it has to be acknowledged that the final product may indeed have benefited from the long process, if only because of new leadership at the Portfolio Committee, which allowed for a new level of public participation. The Alliance is a collaboration of NGOs, CBOs, academics and individuals across South Africa committed to seeing change in the field of child justice. keywords: bill; child justice; children; committee; justice; justice bill; society cache: sacq-949.pdf plain text: sacq-949.txt item: #340 of 389 id: sacq-950 author: Coetzee, Ben; Stott, Noel title: Giving substance to political will: The role of the SAPS in destroying firearms date: 2008-03-08 words: 4613 flesch: 49 summary: The delay between confiscation and destruction is significantly reduced • The risk of firearms being lost or stolen from SAPS secure storage facilities or during transportation to Pretoria is greatly reduced • Each province can now focus the provincial media's attention on the firearm destruction that took place in the province • Provincial firearm destruction can focus the public's attention on the commitment of the SAPS to make the community safe, and builds trust in the police • More firearms are destroyed in each province than previously when firearms had to be sent to Pretoria • Decentralised firearm destruction has greater public exposure at a provincial level and may therefore have greater impact when it is conducted in an area where the firearms were collected. One of the advantages of decentralised firearms destruction is the reduction in transportation risk. keywords: africa; ammunition; control; crime; destruction; firearms; process; saps; south; south africa cache: sacq-950.pdf plain text: sacq-950.txt item: #341 of 389 id: sacq-951 author: Bruce, David title: WITHOUT FEAR OR FAVOUR: The Scorpions and the politics of justice date: 2008-03-08 words: 3197 flesch: 52 summary: At its December 2007 conference, where delegates voted for the dissolution of the Scorpions, the ‘Zuma camp’ became the dominant force in the ANC, appointing Jacob Zuma as ANC president. One of the accusations made by the ANC was that the Scorpions were involved in politically motivated targeting of ANC members. keywords: anc; members; saps; scorpions; shaik; zuma cache: sacq-951.pdf plain text: sacq-951.txt item: #342 of 389 id: sacq-952 author: Burger, Johan; Adonis, Cyril title: A WATCHDOG WITHOUT TEETH? The Independent Complaints Directorate date: 2008-03-08 words: 3263 flesch: 45 summary: Impact of ICD recommendations For reasons discussed above it is difficult to assess the impact of the ICD in terms of its recommendations to the police. • Provision should be made, either in the Act or in the regulations, for regular ICD inspections at police offices to determine the outcome and impact of ICD recommendations. keywords: act; icd; police; recommendations; report cache: sacq-952.pdf plain text: sacq-952.txt item: #343 of 389 id: sacq-953 author: Kanyegirire, Andrew title: INVESTIGATING THE INVESTIGATORS: A summary of the Khampepe Commission of Inquiry date: 2008-03-08 words: 3623 flesch: 41 summary: The report notes that when the subject matter of DSO investigations is published it can lead to the prejudice of the persons under investigation. DSO systems for communication In section 22 (‘Recommendations in relation to the systems for communication of the DSO’) keywords: dso; intelligence; khampepe; mandate; report; saps cache: sacq-953.pdf plain text: sacq-953.txt item: #344 of 389 id: sacq-9539 author: Henrico, Ivan; Mayoyo, Nkosana; Mtshawu, Babalwa title: Understanding crime using GIS and the context of COVID-19: The case of Saldanha Bay Municipality date: 2022-09-27 words: 10309 flesch: 36 summary: These and other sources that report on crime should not be seen as replacements or alternatives to official SAPS crime data, but rather to enrich “the police statistics that will assist in the planning of crime prevention”.4 Eldred de Klerk argues that “poverty and poor service delivery directly impact crime levels, while disparities between rich and poor are also to blame”.5 A research gap is evident in the use of geospatial techniques to depict the spatial relationship between crime data and its contributing factors in South Africa. keywords: africa; analysis; bay; cape; covid-19; crime; data; lockdown; period; police; population; saldanha; saldanha bay; sbm; south; south africa; statistics; studies; study; town cache: sacq-9539.pdf plain text: sacq-9539.txt item: #345 of 389 id: sacq-954 author: Minnaar, Anthony title: THE SCORPIONS LOSE THEIR STING: Challenges to incorporation of the DSO into the SAPS date: 2008-03-08 words: 3683 flesch: 45 summary: So while DSO investigators have become specialists, SAPS detectives have become merely generalists, particularly since the amalgamation of the specialist units into three core focus groups. In addition, the Committee was tasked to ensure that DSO investigators adhered to a ‘Code of Conduct for Special Investigators’ (NPAA Act 2000: s41(2)(n)). keywords: act; crime; detectives; dso; investigation; saps; scorpions cache: sacq-954.pdf plain text: sacq-954.txt item: #346 of 389 id: sacq-955 author: Shaik, Moe title: WHERE HAVE ALL THE DEMOCRATS GONE? The case for dissolving the Scorpions date: 2008-03-08 words: 4234 flesch: 52 summary: Those who criticised this behaviour and style of work of the DSO were ridiculed and marginalised.4 Over time, as the DSO continued to conduct its activities in the same way, the abuse of power, and the politically motivated nature of this abuse and patronage, became increasingly clear. It may be argued that this effort is a knee-jerk reaction to the abuses of power of the DSO, but a necessary one nonetheless. keywords: abuse; dso; law; national; npa; power; services cache: sacq-955.pdf plain text: sacq-955.txt item: #347 of 389 id: sacq-956 author: Wannenburg, Gail title: PUTTING PAID TO THE UNTOUCHABLES? The effects of dissolving the Directorate of Special Operations and the Specialised Commercial Crime Units date: 2008-03-08 words: 3081 flesch: 45 summary: Financial crime and corruption, the International Monetary Fund estimates, may strip the economy of 0.5-1 per cent of economic growth per annum. The financial power of organised crime groups poses a serious threat to the South African economy and its financial system because they undercut the prices of legitimate businesses and undermine the integrity of financial institutions. keywords: corruption; crime; dso; organised; police; prosecutors; sccu cache: sacq-956.pdf plain text: sacq-956.txt item: #348 of 389 id: sacq-957 author: Clear, Todd R title: MINDFUL PUNISHMENT: What to do about the South African penal system, and why date: 2008-03-08 words: 3717 flesch: 63 summary: Most importantly, reducing sentence length will provide the kind of reasonable ceiling on punishments, and will enable South Africa to focus new attention on what must be an equally high priority: a viable and innovative system of community penalties. It is immediately clear that South Africa could make much more profitable use of a range of community penalties: fines (including day fines), community service and house arrest, to name but a few. keywords: africa; community; crime; penal; prison; south; system cache: sacq-957.pdf plain text: sacq-957.txt item: #349 of 389 id: sacq-958 author: Faull, Andrew title: BRING THEM INTO LINE: Managing corruption in SAPS and metro police departments date: 2008-03-08 words: 4376 flesch: 51 summary: Some of the most vehement protestors about police corruption are those who pay roadside bribes. Public debate around the ‘police’ generally fails to distinguish between these independent organisations, and perceptions of police corruption negatively undermine the entire policing fraternity. keywords: anti; corruption; mpd; mpds; police; public; saps; unit cache: sacq-958.pdf plain text: sacq-958.txt item: #350 of 389 id: sacq-959 author: Holtmann, Barbara title: WHY LAW ENFORCEMENT IS NOT ENOUGH: Lessons from the Central Karoo on breaking the cycle of crime and violence date: 2008-03-08 words: 4088 flesch: 59 summary: The study provided an opportunity to better understand the cycle of crime and violence at a local level and to use this understanding to promote crime prevention interventions with short, medium and long term objectives. When creative suggestions are made, the response is often to ask for proof of success – and there is rarely such proof available, as few examples of well supported, properly resourced crime prevention interventions that have been monitored and evaluated, exist. keywords: africa; alcohol; central; children; crime; karoo; south; study; violence cache: sacq-959.pdf plain text: sacq-959.txt item: #351 of 389 id: sacq-960 author: Newham, Gareth title: RECLAIMING OUR HOMES? Tackling residential robbery in Gauteng date: 2008-03-08 words: 3508 flesch: 56 summary: The police record this type of crime as residential robbery. Residential robberies share several common characteristics: the victims will always be at home and they will experience a direct threat, or the attackers will use violence to ensure compliance with their demands.1 Until relatively recently, all reported cases where a direct threat or use of violence occurred as a means to illegally acquire cash or goods were recorded by the South African Police Service (SAPS) under the broad category ‘robbery aggravating’. keywords: cent; crime; gauteng; home; police; robberies; robbery cache: sacq-960.pdf plain text: sacq-960.txt item: #352 of 389 id: sacq-961 author: Omar, Bilkis title: ARE WE TAKING PHYSICAL EVIDENCE SERIOUSLY? The SAPS Criminal Record and Forensic Science Service date: 2008-03-08 words: 4440 flesch: 60 summary: Mar 06 Mar 07 Nov 07 Cases 41 285 42 746 42 724 35 241 received Cases 35 805 41 256 47 230 36 754 finalised1 Source: SAPS Biology Unit, CRFSS At the laboratory, it takes approximately 30 days from receipt of case until activation of the analysis. This means that many cases remain unanalysed and are simply being stored in laboratory fridges. keywords: crfss; crime; dna; evidence; laboratory; process; record; saps; science cache: sacq-961.pdf plain text: sacq-961.txt item: #353 of 389 id: sacq-962 author: Artz, Lillian; Smythe, Dee title: LOSING GROUND? Making sense of attrition in rape cases date: 2007-03-08 words: 4890 flesch: 49 summary: Over the past decade, non-governmental organisations have worked tirelessly in advocating for systemic shifts in how rape cases are treated within these systems. For instance, depending on what stage of the criminal justice process ‘case fallout’ is established, attrition rates might be calculated according to the proportion of cases where there has been a conviction, or the total number of rape cases reported to the police (referred to as the report-to-conviction rate), or the proportion of cases convicted out of the total number of rape cases brought to trial (referred to as the trial-to- conviction rate). keywords: attrition; cases; conviction; justice; police; rape; rape cases; rates cache: sacq-962.pdf plain text: sacq-962.txt item: #354 of 389 id: sacq-963 author: Fick, Nicole title: WELL INTENTIONED BUT MISGUIDED? Criminalising sex workers’ clients date: 2007-03-08 words: 2239 flesch: 61 summary: Criminalising sex workers’ clients The Portfolio Committee on Justice and Constitutional Development has inserted a new clause in the Sexual Offences Bill that will criminalise the clients of sex workers, with the specific intent to protect women and children from exploitation. Although it is possible that the Committee hoped to level the playing field ‘so that women who sell sex are not the only ones guilty of an offence, but also the men who purchase it’ (Gould 2006), sex workers will be most affected because they will now have to protect the clients who are their only source of income. keywords: bill; clients; sex; workers cache: sacq-963.pdf plain text: sacq-963.txt item: #355 of 389 id: sacq-964 author: Gould, Chandré title: COUNTERING THE ‘SCOURGE’: The time for evidence and reason on human trafficking date: 2007-03-08 words: 3708 flesch: 63 summary: The victims were two Chinese women who had been trafficked into sex work in the past (but who were working voluntarily at the time of our survey); four Eastern European women who were debt- bonded in a club in Cape Town; and two South African women. We need to open up the sex work industry to scrutiny and regulation through decriminalising sex work. keywords: industry; sex; trafficking; women; work; workers cache: sacq-964.pdf plain text: sacq-964.txt item: #356 of 389 id: sacq-965 author: Pelser, Eric title: HOW WE REALLY GOT IT WRONG: Understanding the failure of crime prevention date: 2007-03-08 words: 3066 flesch: 61 summary: Crime prevention policy in South Africa. To argue then, as Altbeker does, that South Africa’s embrace of crime prevention has resulted in a weakening of law enforcement is simply wrong. keywords: africa; altbeker; crime; policy; prevention; south cache: sacq-965.pdf plain text: sacq-965.txt item: #357 of 389 id: sacq-966 author: Roehrs, Stefanie title: IMPLEMENTING THE UNFEASIBLE: Compulsory HIV testing for alleged sexual offenders date: 2007-03-08 words: 3888 flesch: 51 summary: However, compulsory HIV testing fails to assist rape victims and may even lead to adverse consequences for those who make use of it. The core problem of compulsory HIV testing is its limited utility for rape victims. keywords: hiv; hiv test; police; test; testing; victim cache: sacq-966.pdf plain text: sacq-966.txt item: #358 of 389 id: sacq-967 author: Vetten, Lisa title: NEW CRIMES AND OLD PROCEDURES: Can the new Sexual Offences Bill deliver on its promises? date: 2007-03-08 words: 3114 flesch: 51 summary: No 22 • DECEMBER 2007 cautionary rule applicable to sexual offences discriminates against sexual offence victims and limited its use. The next three define a range of new sexual offences generally, as well as those specifically committed against children and people with mental disabilities. keywords: bill; children; health; offences; rape; sex cache: sacq-967.pdf plain text: sacq-967.txt item: #359 of 389 id: sacq-968 author: Altbeker, Antony title: HOW WE GOT IT WRONG: What to do about the failure of crime prevention date: 2007-03-08 words: 3400 flesch: 53 summary: If that is so, the focus on crime prevention, because it has failed and because it has distracted us from the challenge of building a criminal justice system that can identify (swiftly), try (fairly) and incarcerate (humanely) much larger numbers of people who commit violent crimes, is an important reason why crime rates in South Africa are so high. This article will put forward three main reasons why the criminal justice policy-making community has been in thrall of the idea of crime prevention. keywords: africa; crime; criminal; justice; policing; south cache: sacq-968.pdf plain text: sacq-968.txt item: #360 of 389 id: sacq-969 author: Burger, Johan title: TIME TO TAKE ACTION: The 2006/07 crime statistics date: 2007-03-08 words: 3683 flesch: 63 summary: However, what we need when crime statistics are released are the other representatives of government, such as the Departments of Justice, Correctional Services, Housing, Labour, Provincial and Local Government, Welfare, to also tell us what they are doing to address crime and the conditions conducive to crime. All the graphs (crime rates) and the South African crime figures used in this article are based on information taken from the Annual Report of the SAPS 2003/2004 (SAPS 2004:19), as well as the SAPS’s crime report for 2001/2002 to 2006/2007 (SAPS 2007:1, 7-8). keywords: crime; murder; police; rate; robbery; saps; south cache: sacq-969.pdf plain text: sacq-969.txt item: #361 of 389 id: sacq-970 author: Omar, Bilkis title: IN WHOSE INTEREST? Police unions and the 2006 restructuring of the SAPS date: 2007-03-08 words: 3381 flesch: 60 summary: A perusal of the SAPU newsletters demonstrated that union members were informed about the unions’ consultations with the police. Ultimately, while police members may suffer as a result of this breakdown, the general public has to bear the brunt of the poor policing that is the inevitable consequence of disquiet and disorder in the organisation. keywords: management; members; police; restructuring; saps; sssbc cache: sacq-970.pdf plain text: sacq-970.txt item: #362 of 389 id: sacq-971 author: Steinberg, Jonny title: FINDING THE MEANINGS OF AIDS: ARV treatment in an Eastern Cape village date: 2007-03-08 words: 3288 flesch: 71 summary: The four most common answers to why AIDS deaths were shameful were these: 1) People say X got AIDS because she (or he) slept around. As nurses begin successfully treating opportunistic infections, so villagers’ definition of AIDS broadens considerably; infections previously considered the work of witchcraft are now identified with AIDS. keywords: aids; art; ithanga; lusikisiki; people; treatment cache: sacq-971.pdf plain text: sacq-971.txt item: #363 of 389 id: sacq-972 author: Giffard, Chris; Muntingh, Lukas title: THE NUMBERING OF DAYS: Sentencing and prison population growth date: 2007-03-08 words: 4888 flesch: 57 summary: The impact on prisons Such increases in prisoner numbers impact on prisons in a variety of ways. In general, the number of prisoners serving long sentences increased, while the number of those serving shorter sentences decreased. keywords: population; prison; prisoners; sentences; years cache: sacq-972.pdf plain text: sacq-972.txt item: #364 of 389 id: sacq-973 author: Goodenough, Cheryl title: JOINING FORCES AGAINST CRIME: Potential for the private security industry to become proactive date: 2007-03-08 words: 3194 flesch: 53 summary: Private security industry must be more proactive, Security Focus, 24(11). Private security companies also play a role in guarding the gated communities and fenced-in residential areas that have rapidly increased in number over the past few years, particularly in Gauteng. keywords: companies; crime; goodenough; industry; police; security; security industry cache: sacq-973.pdf plain text: sacq-973.txt item: #365 of 389 id: sacq-974 author: Harris, Mari; Radaelli, Stephano title: PARALYSED BY FEAR: Perceptions of crime and violence in South Africa date: 2007-03-08 words: 2875 flesch: 66 summary: SA CRIME QUARTERLY No 20 • JUNE 2007 1 PARALYSED BY FEAR Perceptions of crime and violence in South Africa The findings of the latest Markinor opinion poll on government performance indicate that two thirds of all South Africans believe that government’s ability to fight crime is at its lowest level since 2003 – despite the fact that official crime statistics are going down. keywords: africans; crime; government; population; south cache: sacq-974.pdf plain text: sacq-974.txt item: #366 of 389 id: sacq-975 author: Roehrs, Stefanie title: POSITIVE OR NEGATIVE? Compulsory HIV testing of alleged sexual offenders date: 2007-03-08 words: 3566 flesch: 47 summary: As these tests are extremely expensive and highly sensitive compared to HIV antibody tests, the author assumes that these tests will not be used for large- scale testing such as compulsory HIV tests of alleged sexual offenders. As the CPA provides for HIV tests, the provisions in the Sexual Offences Bill are completely redundant. keywords: hiv; hiv testing; offender; sexual; testing cache: sacq-975.pdf plain text: sacq-975.txt item: #367 of 389 id: sacq-976 author: Tonry, Michael title: CRIME DOES NOT CAUSE PUNISHMENT: The impact of sentencing policy on levels of crime date: 2007-03-08 words: 2906 flesch: 62 summary: However, if you look at comparative crime statistics across the four Nordic countries for the period 1960–2000 (assuming these are actual crime rates – crime definitions vary from one country to another), the curves are almost exactly the same. In those countries, sentencing guidelines seem to make a difference. keywords: crime; figure; imprisonment; rate; sentencing cache: sacq-976.pdf plain text: sacq-976.txt item: #368 of 389 id: sacq-977 author: Burger, Johan title: A GOLDEN GOAL FOR SOUTH AFRICA: Security arrangements for the 2010 FIFA Soccer World Cup date: 2007-03-08 words: 3655 flesch: 56 summary: It goes without saying that South Africa is obliged to provide high level security for participating teams and management as well as for the thousands of spectators who are expected to flood South Africa for the duration of the event. This article takes a look at other high level events that have been hosted in South Africa so as to get an idea of what is required and examines planned security arrangements for the 2010 World Cup. keywords: africa; crime; event; police; security; south; world cache: sacq-977.pdf plain text: sacq-977.txt item: #369 of 389 id: sacq-978 author: Cachalia, Firoz title: OPERATION IRON FIST AFTER SIX MONTHS: Provincial police strategy under review date: 2007-03-08 words: 4091 flesch: 54 summary: As a result, the MEC reported in a public statement on 11 July 2006 that Operation Iron Fist would have eight key performance objectives: • the public could expect to see more police on Gauteng’s roads and streets; • the police would put up more roadblocks; • the police would increase their efforts to track down and bring the most wanted criminals to justice; • the police would focus their deployment to tackle serious crimes; • efforts to remove and destroy illegal firearms would be stepped up; • efforts would be made to improve the service delivery from 10111 call centres; • the police would improve safety on the province’s trains; and • there would be a focus on increasing community mobilisation against crime. No 19 MARCH 2007 21 The purpose of Operation Iron Fist was to address a spike in certain crimes in Gauteng. keywords: crime; fist; increase; iron; operation; period; police cache: sacq-978.pdf plain text: sacq-978.txt item: #370 of 389 id: sacq-979 author: Gauteng, Office of the Gauteng MEC for Community title: TACKLING CRIME AT PROVINCIAL LEVEL: The Gauteng Safety Strategy: 2006–2014 date: 2007-03-08 words: 3498 flesch: 39 summary: Focus area: Promoting social crime prevention in the IDPs As a key roleplayer in ensuring community level safety, all local governments must be well versed in the principles of Crime Prevention through Environmental Design (CPTED). Objective 3.2: Strengthening intergovernmental relations for crime prevention By 2009 there will be greater alignment of national, provincial and local government planning with regard to the provision of security and crime prevention infrastructure and initiatives. keywords: community; crime; department; prevention; safety; strategy cache: sacq-979.pdf plain text: sacq-979.txt item: #371 of 389 id: sacq-980 author: Marks, Monique; Fleming, Jenny title: POLICE AS WORKERS: Police labour rights in Southern Africa and beyond date: 2007-03-08 words: 4054 flesch: 34 summary: Unions in places like Australia, New Zealand and even South Africa enjoy membership levels of almost 100%8 and they have become prominent ‘insiders’ in the employment relationship, particularly in the “determination of criminal justice policy and administration”.9 Yet despite the long history of police union rights and the institutionalisation of police unions in many countries, police managers and employers continue to view police unions as disruptive entities, and as bodies that resist reform and challenge managerial prerogative.10 Their antagonism is not simply a response to police union defensiveness, but also a response to the reality that police unions have hastened the breakdown of militaristic aspects of police organisational culture.11 In post-conflict and newly democratising countries, police unions are viewed as potentially insurrectionist bodies, threatening newly attained peace and stability. However, many governments are wary of police unions and limit their rights, or refuse to recognise them at all. keywords: association; bargaining; labour; management; officers; organisations; police; policing; rights; unions cache: sacq-980.pdf plain text: sacq-980.txt item: #372 of 389 id: sacq-981 author: Redpath, Jean; O’Donovan, Michael title: REACHING A VERDICT: The impact of minimum sentencing date: 2007-03-08 words: 3601 flesch: 56 summary: To do so the high court can and does re-hear evidence and often – more frequently than is comfortable, considering that these are life imprisonment cases – finds that the decision of the regional court to convict was incorrect. The sample of rape cases drawn for 2005 showed the sentences for rape cases to be clustered around the ten year minimum, with a narrower range from seven to 15 years. keywords: cases; court; crime; minimum; sentencing cache: sacq-981.pdf plain text: sacq-981.txt item: #373 of 389 id: sacq-982 author: Louw, Antoinette title: THE START OF A ‘CRIME WAVE’? The 2005/06 official crime statistics in context date: 2006-03-08 words: 3792 flesch: 56 summary: Even though the release policy has been in place for some years now, the timing of events encouraged general public doubts about the accuracy of police crime figures. While an annual release of crime figures is not theoretically a problem (although more frequent releases are both possible and desirable), the SAPS brings unnecessary attention and pressure to bear on itself by releasing the crime data six months after the end of the financial year. keywords: crime; police; robbery; saps; statistics; year cache: sacq-982.pdf plain text: sacq-982.txt item: #374 of 389 id: sacq-983 author: Mattes, Robert title: GOOD NEWS AND BAD: Public perceptions of crime, corruption and government date: 2006-03-08 words: 3807 flesch: 55 summary: The standardised regression coefficients are: perceptions of police corruption (-.227); government performance handling crime (.161); user friendliness of police (.159); and increased safety from crime and violence (.107). • Perceptions of police corruption do not have to stem from direct personal experience to have some basis in reality. keywords: corruption; crime; figure; perceptions; police; public; south cache: sacq-983.pdf plain text: sacq-983.txt item: #375 of 389 id: sacq-984 author: Mattes, Robert title: HOW DOES SA COMPARE: Experiences of crime and policing in an African context date: 2006-03-08 words: 3998 flesch: 50 summary: As noted above, the original purpose was not to measure crime rates with any precision, but to investigate the attitudinal and behavioural consequences of being directly or indirectly affected by crime. People in some African countries are as, or even more, fearful than South Africans, and there are several countries in which people confront crime more frequently than do South Africans. keywords: crime cache: sacq-984.pdf plain text: sacq-984.txt item: #376 of 389 id: sacq-985 author: Moloi, Jake title: THE CASE OF S V ZUMA: Implications of allowing evidence of sexual history in rape trials date: 2006-03-08 words: 3028 flesch: 52 summary: On the basis of the legal doctrine of precedence, lower courts are bound by decisions of the higher court. No solution was sought to this contestation, and it has not been recorded as part of the judgment, despite the constitutional mandate for courts to deal with it. keywords: complainant; court; law; rights; section cache: sacq-985.pdf plain text: sacq-985.txt item: #377 of 389 id: sacq-986 author: Omar, Bilkis title: MORE CHANGES: Impact of SAPS restructuring on public order policing date: 2006-03-08 words: 3786 flesch: 49 summary: The steadfast support of the unions is evident from this POPCRU statement: It is only logical to expect a handful of some within the policing fraternity to be unhappy as a result of this development that will see them leaving their air-conditioned offices and revolving chairs to be directly involved in the war against crime from the most decisive front, which are the streets of our country.20 While it is surely the intention of the design team to act in the best interests of the country as well as SAPS members, there is currently much uncertainty and insecurity among ACCU members. 17 Telephonic interview, SAPS member, national head office. keywords: crime; crowd; management; members; public; restructuring; saps; units cache: sacq-986.pdf plain text: sacq-986.txt item: #378 of 389 id: sacq-987 author: Bruce, David title: RACISM, SELF-ESTEEM AND VIOLENCE IN SA: Gaps in the NCPS’ explanation? date: 2006-03-08 words: 3887 flesch: 45 summary: A number of different types of violent crime can be identified: • assaults related to arguments and domestic violence; • robbery; • rape and sexual assault; • conflict between groups over territory, markets and power such as gang warfare, taxi violence and political violence; • violence against state and economic institutions including protest violence and terrorism; But the vast majority of violent offences (60%) in official statistics are recorded either as assault GBH or common assault. In reflecting on whether the framework for understanding crime provided in the NCPS is sufficient to account for violence in South Africa today, it is necessary to consider what form violence takes. keywords: africa; crime; esteem; ncps; self; south; status; violence cache: sacq-987.pdf plain text: sacq-987.txt item: #379 of 389 id: sacq-988 author: Combrinck, Helene title: WELL WORTH THE WAIT? The Sexual Offences Bill in 2006 date: 2006-03-08 words: 3946 flesch: 48 summary: Sexual offences against children and against mentally disabled persons Chapter 3 deals with sexual offences against children or young persons. No 17 SEPTEMBER 20062 COMBRINCK Definitions of sexual offences Chapters 2 to 4 set out to codify the law relating to sexual offences. keywords: assault; bill; hiv; offences; offences bill; offender; rape cache: sacq-988.pdf plain text: sacq-988.txt item: #380 of 389 id: sacq-989 author: du Toit, Carina title: A MEASURE OF LAST RESORT? Child offenders and life imprisonment date: 2006-03-08 words: 3632 flesch: 50 summary: Child offenders and life imprisonment The main principle when sentencing children is that imprisonment should be a measure of last resort and only for the shortest appropriate period of time. To this end the Centre started an investigation to determine how many children who were under the age of 18 when they committed the crime, are serving a sentence of life imprisonment. keywords: act; children; imprisonment; life; life imprisonment cache: sacq-989.pdf plain text: sacq-989.txt item: #381 of 389 id: sacq-990 author: Gallinetti, Jacqui title: WHAT HAPPENED TO THE CHILD JUSTICE BILL? The process of law reform relating to child offenders date: 2006-03-08 words: 3833 flesch: 48 summary: No longer will children appear in courts ordinarily designated for adults; instead they will have a court staffed by a magistrate and prosecutor trained in child justice. Conclusion The Bill has sought to address the problems encountered in the field of child justice within the framework of current legislation. keywords: bill; child; child justice; children; justice; justice bill cache: sacq-990.pdf plain text: sacq-990.txt item: #382 of 389 id: sacq-991 author: Goodenough, Cheryl title: CO-ORDINATED SERVICE DELIVERY: Local government’s efforts to make Cato Manor safer date: 2006-03-08 words: 2756 flesch: 49 summary: The eThekwini Municipality website states: Cato Manor residents include some of the poorest of the urban poor… The area remains characterised by a high unemployment rate and social fragmentation.2 Cato Manor, besides being one of the most fiercely contested urban localities in the history of South Africa, is an internationally acclaimed example of urban reconstruction that was conferred the status of International Best Practice by the United Nations’ Commission on Human Settlements.3 Describing the environment in Cato Manor, Paulus Zulu wrote in 2004 that: The majority of Cato Manor residents today comprise communities relocated from shanty townships, present residents of shanty towns, overflows from formal townships and communities displaced by political violence in rural areas. Thus, notwithstanding any specific interventions, local government has a key role to play in ensuring an environment less conducive to crime… Crime and crime prevention should be seen as central to the planning and functions of all municipal department line functions.1 In October 2005 the Independent Projects Trust (IPT) was asked by the Cato Manor Area Based Management (ABM) of the eThekwini Municipality to conduct an extensive consultation with role- players in Cato Manor, in order to investigate and recommend a sustainable co-ordinated approach to crime and safety in the Cato Manor area. keywords: cato; cato manor; community; crime; manor; safety cache: sacq-991.pdf plain text: sacq-991.txt item: #383 of 389 id: sacq-992 author: Mashele, Prince title: WILL THE SCORPION STILL STING? The future of the Directorate of Special Operations date: 2006-03-08 words: 3086 flesch: 48 summary: It would, therefore, be a mistake to expect the investigator or the analyst to give a complete picture of a case since these two only deal with certain aspects of DSO cases. The case of the former NIA director general differing with his political principal before the Khampepe Commission, and that of the current head of the NPA differing with his minister at the same Commission, tell a story of officials embroiled in politics. keywords: commission; decision; dso; scorpions; work cache: sacq-992.pdf plain text: sacq-992.txt item: #384 of 389 id: sacq-993 author: Burton, Patrick title: EASY PREY: Results of the national youth victimisation study date: 2006-03-08 words: 3443 flesch: 56 summary: No 16 JUNE 2006 1 EASY PREY Results of the national youth victimisation study Recent media reports have highlighted incidents of violence and crimes against children and young people in South Africa. The recent National Youth Victimisation Study reveals that young people are almost twice as likely to be victimised as adults, and that young people are surrounded by violence and crime in all the spheres they occupy: the home, the school and the community. keywords: assault; children; crime; people; victimisation; victims; youth cache: sacq-993.pdf plain text: sacq-993.txt item: #385 of 389 id: sacq-994 author: Fick, Nicolé title: ENFORCING FEAR: Police abuse of sex workers when making arrests date: 2006-03-08 words: 4038 flesch: 62 summary: Since the end of apartheid the South African Police Service (SAPS) has committed itself to serving the community through policing that is “conducted in a manner that is consistent with human rights and democratic values”.1 However, the Sex Worker Education and Advocacy Taskforce (SWEAT) has found that the police are engaging in unlawful and unconstitutional acts when arresting sex workers. Over a number of years, sex workers in Cape Town have notified SWEAT about such incidents. keywords: complaints; officers; police; rights; sex; sex workers; sweat; workers cache: sacq-994.pdf plain text: sacq-994.txt item: #386 of 389 id: sacq-995 author: Frank, Cheryl title: ABUSE OF A DIFFERENT KIND: Adults using children to commit crime date: 2006-03-08 words: 3564 flesch: 56 summary: Child participation methodology Engaging children in ‘participation’ or ‘consultation’ is motivated primarily by Articles 12 and 13 of the Convention on the Rights of the Child (CRC),3 which have the intention of ensuring that children are afforded a direct stake in all processes that relate to them. In 32 of the 41 groups children also described how adults were indirectly involved in engaging children in criminal activities. keywords: adults; children; crime; groups; labour; study cache: sacq-995.pdf plain text: sacq-995.txt item: #387 of 389 id: sacq-996 author: Gould, Chandré title: CHEAP LIVES: Countering human trafficking - considerations and constraints date: 2006-03-08 words: 4410 flesch: 38 summary: Doezema and Alison Murray documented the political processes leading up to the adoption of the more recent Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Organised Crime (hereafter referred to as the Palermo Protocol).4 They note that organisations such as the Coalition Against the Trafficking of Women (CATW) played a significant role in determining the nature and scope of the definition of trafficking that was ultimately adopted. Yet human trafficking is a slippery concept, something that is hard to pin down and come to grips with. keywords: exploitation; human; prostitution; research; sex; trafficking; victims; women cache: sacq-996.pdf plain text: sacq-996.txt item: #388 of 389 id: sacq-998 author: Leoschut, Lezanne title: DOUBLE TROUBLE: Youth from violent families: easy victims of crime? date: 2006-03-08 words: 2471 flesch: 51 summary: This article demonstrates that exposure to family violence increases the vulnerability of young people to becoming victims of crime. While exposure to family violence was common among youth from all provinces, it was found to be highest among those from the Northern Cape (33%), North West (27%), and Mpumalanga (26%). keywords: children; family; people; violence; youth cache: sacq-998.pdf plain text: sacq-998.txt item: #389 of 389 id: sacq-999 author: Lue-Dugmore, Melanie; Karth, Vanja; Redpath, Jean title: PETTY CRIMES THAT MATTER: Evaluating the Western Cape community courts date: 2006-03-08 words: 4399 flesch: 54 summary: At the launch De Lange also described community courts as “district courts that deal with the same cases as normal magistrates’ courts. The study aimed to assess the performance of these courts against the objectives of community courts in general (as defined by the DOJCD), which are to: PETTY CRIMES THAT MATTER Evaluating the Western Cape community courts By focusing on petty crimes, community courts hope to encourage a ‘zero tolerance’ approach to criminality, develop integrated and constructive responses to local crime problems, and alleviate case loads in magistrates’ courts. keywords: cape; cases; community; court; crime; diversion; public cache: sacq-999.pdf plain text: sacq-999.txt