Pub Date : 2020-10-01DOI: 10.17159/2413-3108/2020/v0n69a8955
E. van der Spuy
Elrena van der Spuy reflects on the life and work of Mike Brogden, whose work on on crime, criminal justice and policing in the context of social history shaped converstations on police reform and the field of criminology in South Africa.
{"title":"On the record - Obituary for Professor Mike Brogden - sociologist, social historian, policing scholar, troublemaker of sorts","authors":"E. van der Spuy","doi":"10.17159/2413-3108/2020/v0n69a8955","DOIUrl":"https://doi.org/10.17159/2413-3108/2020/v0n69a8955","url":null,"abstract":"Elrena van der Spuy reflects on the life and work of Mike Brogden, whose work on on crime, criminal justice and policing in the context of social history shaped converstations on police reform and the field of criminology in South Africa.","PeriodicalId":344114,"journal":{"name":"SA crime quarterly","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126245293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-28DOI: 10.17159/2413-3108/2020/V0N69A6108
Kirstin Hagglund, Franaaz Khan
Dolus eventualis has correctly been described as an ‘enigma’. Not only has it been variously described by the courts, but the courts have applied the two-stage test without providing an in-depth analysis of what it means. Both dolus eventualis required for murder and conscious negligence required for culpable homicide, contain an element of subjective foresight of the remote possibility of death occurring. As a result, the distinction between murder and culpable homicide has become confused over the years, and is evident in the courts vacillating between findings of murder and culpable homicide. Considering the lack of clarity, this article examines the test for dolus eventualis in the case of murder and determines whether it can be more clearly distinguished from culpa , in the case of culpable homicide. German and American law and academic opinion are consulted in order to establish how the respective countries have dealt with the conflation of murder and negligent killings.
{"title":"Reformulating dolus eventualis - Guidance from USA and Germany","authors":"Kirstin Hagglund, Franaaz Khan","doi":"10.17159/2413-3108/2020/V0N69A6108","DOIUrl":"https://doi.org/10.17159/2413-3108/2020/V0N69A6108","url":null,"abstract":"Dolus eventualis has correctly been described as an ‘enigma’. Not only has it been variously described by the courts, but the courts have applied the two-stage test without providing an in-depth analysis of what it means. Both dolus eventualis required for murder and conscious negligence required for culpable homicide, contain an element of subjective foresight of the remote possibility of death occurring. As a result, the distinction between murder and culpable homicide has become confused over the years, and is evident in the courts vacillating between findings of murder and culpable homicide. Considering the lack of clarity, this article examines the test for dolus eventualis in the case of murder and determines whether it can be more clearly distinguished from culpa , in the case of culpable homicide. German and American law and academic opinion are consulted in order to establish how the respective countries have dealt with the conflation of murder and negligent killings.","PeriodicalId":344114,"journal":{"name":"SA crime quarterly","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133562572","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-04-05DOI: 10.17159/2413-3108/2017/V0N59A1690
L. Vetten
In 1998, in an attempt to undo the long-standing neglect of domestic violence, legislators placed a set of duties on the police in relation to domestic violence, and coupled these with a unique system of accountability relations and practices. This article examines the effect of these in three ways: a review, both of complaints of misconduct and of the station audits conducted in terms of the Domestic Violence Act’s prescripts, and analysis of the workings of the act’s accountability mechanisms over time. These show the act’s system of accountability to have had some success in making domestic violence a policing priority, but only after a number of years of interaction across the domains of the political, legal, bureaucratic and social. Accountability has revealed itself to be a contingent outcome and practice that takes different forms at different times. It also remains an ambivalent undertaking in relation to domestic violence. While answers may be demanded of the police, oversight of these responses is lodged with an agency possessing limited capacity and weak institutional authority.
{"title":"Aluta continua: Police accountability and the Domestic Violence Act 1998","authors":"L. Vetten","doi":"10.17159/2413-3108/2017/V0N59A1690","DOIUrl":"https://doi.org/10.17159/2413-3108/2017/V0N59A1690","url":null,"abstract":"In 1998, in an attempt to undo the long-standing neglect of domestic violence, legislators placed a set of duties on the police in relation to domestic violence, and coupled these with a unique system of accountability relations and practices. This article examines the effect of these in three ways: a review, both of complaints of misconduct and of the station audits conducted in terms of the Domestic Violence Act’s prescripts, and analysis of the workings of the act’s accountability mechanisms over time. These show the act’s system of accountability to have had some success in making domestic violence a policing priority, but only after a number of years of interaction across the domains of the political, legal, bureaucratic and social. Accountability has revealed itself to be a contingent outcome and practice that takes different forms at different times. It also remains an ambivalent undertaking in relation to domestic violence. While answers may be demanded of the police, oversight of these responses is lodged with an agency possessing limited capacity and weak institutional authority.","PeriodicalId":344114,"journal":{"name":"SA crime quarterly","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116786534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-12-01DOI: 10.17159/2413-3108/2016/V0N58A5366
Philip Broster
Despite its title, this book does not look exclusively at the massacre that occurred at Marikana on 16 August 2012, when South African police officers shot and killed 34 striking mineworkers and wounded 78 others. Rather, it places that event in the context of a longer, larger struggle for dignity and economic freedom by the working class in South Africa. The authors did not do this to trivialise this significant event but to implore the reader to recognise that it was one moment, one particular incident in a long history of struggle and conflict, one that is not necessarily more important than another. As such, it pursues what George Lipsitz has called the ‘long fetch’, looking into the past and identifying the forces that slowly shaped what may otherwise appear to have been sudden and inexplicable.1 The book does this by attempting to describe the tensions between the various ‘ordinary’ individuals – the striking employees of Lonmin’s platinum mine at Marikana – and their relationships to the labour collectives they started, helped lead, or held to account. It attempts to show how understanding these tensions is crucial to understanding the events that occurred at Marikana, and understanding South Africa as an economic project.
{"title":"Luke Sinwell with Siphiwe Mbatha, The spirit of Marikana: the rise of insurgent trade unionism in South Africa","authors":"Philip Broster","doi":"10.17159/2413-3108/2016/V0N58A5366","DOIUrl":"https://doi.org/10.17159/2413-3108/2016/V0N58A5366","url":null,"abstract":"Despite its title, this book does not look exclusively at the massacre that occurred at Marikana on 16 August 2012, when South African police officers shot and killed 34 striking mineworkers and wounded 78 others. Rather, it places that event in the context of a longer, larger struggle for dignity and economic freedom by the working class in South Africa. The authors did not do this to trivialise this significant event but to implore the reader to recognise that it was one moment, one particular incident in a long history of struggle and conflict, one that is not necessarily more important than another. As such, it pursues what George Lipsitz has called the ‘long fetch’, looking into the past and identifying the forces that slowly shaped what may otherwise appear to have been sudden and inexplicable.1 The book does this by attempting to describe the tensions between the various ‘ordinary’ individuals – the striking employees of Lonmin’s platinum mine at Marikana – and their relationships to the labour collectives they started, helped lead, or held to account. It attempts to show how understanding these tensions is crucial to understanding the events that occurred at Marikana, and understanding South Africa as an economic project.","PeriodicalId":344114,"journal":{"name":"SA crime quarterly","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125398780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-09-26DOI: 10.17159/2413-3108/2016/V0N57A456
M. Haas
Various government initiatives focus on the promotion of social cohesion for nation building. The impact of social cohesion on levels of violence is also the subject of research. This article argues that despite official rhetoric organs of state - are used in KwaZulu-Natal to serve party political interests by targeting cohesive groupings struggling for their constitutional rights. Violence is promoted and nation building retarded. The main case study cited is that of violence-wracked Glebelands hostel in Durban. Since it is also argued that what is happening in Glebelands is not an isolated case reference is also made to the similar targeting of the shack dwellers’ movement Abahali baseMjondolo.
{"title":"The killing fields of KZN: Local government elections, violence and democracy in 2016","authors":"M. Haas","doi":"10.17159/2413-3108/2016/V0N57A456","DOIUrl":"https://doi.org/10.17159/2413-3108/2016/V0N57A456","url":null,"abstract":"Various government initiatives focus on the promotion of social cohesion for nation building. The impact of social cohesion on levels of violence is also the subject of research. This article argues that despite official rhetoric organs of state - are used in KwaZulu-Natal to serve party political interests by targeting cohesive groupings struggling for their constitutional rights. Violence is promoted and nation building retarded. The main case study cited is that of violence-wracked Glebelands hostel in Durban. Since it is also argued that what is happening in Glebelands is not an isolated case reference is also made to the similar targeting of the shack dwellers’ movement Abahali baseMjondolo.","PeriodicalId":344114,"journal":{"name":"SA crime quarterly","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134124696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-03-24DOI: 10.17159/2413-3108/2007/V0I21A1148
D. Bruce
The South African Police Service is often a target of criticism, more often than not stemming from heightened public emotions regarding the high levels of crime in South Africa. Using the concept of democratic policing as its basis, a recent assessment attempts to evaluate the SAPS against a set of 39 measures. Providing an organisation-wide view of the SAPS, the assessment highlights both positive and negative aspects of the SAPS, and provides a detailed set of recommendations. The assessment is intended to support democratic oversight of the police by directing attention towards the main issues that should be addressed by oversight bodies.
{"title":"Good cops? Bad cops? : Assessing the South African Police Service","authors":"D. Bruce","doi":"10.17159/2413-3108/2007/V0I21A1148","DOIUrl":"https://doi.org/10.17159/2413-3108/2007/V0I21A1148","url":null,"abstract":"The South African Police Service is often a target of criticism, more often than not stemming from heightened public emotions regarding the high levels of crime in South Africa. Using the concept of democratic policing as its basis, a recent assessment attempts to evaluate the SAPS against a set of 39 measures. Providing an organisation-wide view of the SAPS, the assessment highlights both positive and negative aspects of the SAPS, and provides a detailed set of recommendations. The assessment is intended to support democratic oversight of the police by directing attention towards the main issues that should be addressed by oversight bodies.","PeriodicalId":344114,"journal":{"name":"SA crime quarterly","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126860901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-03-08DOI: 10.17159/2413-3108/2003/V0I6A1053
T. Leggett
Crystal methamphetamine is a drug with a high addiction potential that can elicit bizarre and aggressive behaviour. Preliminary research with gang members on the Cape Flats suggests that the drug may be growing in that community. If so, this is an issue for law enforcement to watch, because speed and violent criminals are not a good combination.
{"title":"ON THE TUK-TUK EXPRESS: Has methamphetamine hit the Cape Flats?","authors":"T. Leggett","doi":"10.17159/2413-3108/2003/V0I6A1053","DOIUrl":"https://doi.org/10.17159/2413-3108/2003/V0I6A1053","url":null,"abstract":"Crystal methamphetamine is a drug with a high addiction potential that can elicit bizarre and aggressive behaviour. Preliminary research with gang members on the Cape Flats suggests that the drug may be growing in that community. If so, this is an issue for law enforcement to watch, because speed and violent criminals are not a good combination.","PeriodicalId":344114,"journal":{"name":"SA crime quarterly","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134238695","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-03-08DOI: 10.17159/2413-3108/2008/V0I25A949
A. Skelton, Jacqui Gallinetti
This article charts the journey of civil society's engagement with the Child Justice Bill. The story begins with activism in the early 1980s, and tracks the reform efforts through various phases. The Bill was rewritten in Parliament in 2003, and it then fell off the parliamentary agenda. When it re-surfaced at Parliament in 2008 civil society lobbied hard for changes that would bring the Bill closer to the original intentions. An account is given of the gains and losses, and, all in all, th
{"title":"A long and winding road: The Child Justice Bill, civil society and advocacy","authors":"A. Skelton, Jacqui Gallinetti","doi":"10.17159/2413-3108/2008/V0I25A949","DOIUrl":"https://doi.org/10.17159/2413-3108/2008/V0I25A949","url":null,"abstract":"This article charts the journey of civil society's engagement with the Child Justice Bill. The story begins with activism in the early 1980s, and tracks the reform efforts through various phases. The Bill was rewritten in Parliament in 2003, and it then fell off the parliamentary agenda. When it re-surfaced at Parliament in 2008 civil society lobbied hard for changes that would bring the Bill closer to the original intentions. An account is given of the gains and losses, and, all in all, th","PeriodicalId":344114,"journal":{"name":"SA crime quarterly","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117280287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-03-08DOI: 10.17159/2413-3108/2008/V0I24A953
A. Kanyegirire
The Directorate of Special Operations (DSO) was set up in 1999 as a specialised unit of the National Prosecuting Authority with the dual responsibility of investigating and prosecuting national priority crimes, the main focus being high-level corruption and organised crime. Despite its successes, by 2005 critics were raising questions about its mandate and the strained relationship between the DSO and the South African Police Service (SAPS). Consequently, President Mbeki appointed Judge Sisi Khampepe to head a Commission of Inquiry into the mandate and location of the DSO. This article is a summary of some of the key issues raised in the Khampepe Report.
{"title":"INVESTIGATING THE INVESTIGATORS: A summary of the Khampepe Commission of Inquiry","authors":"A. Kanyegirire","doi":"10.17159/2413-3108/2008/V0I24A953","DOIUrl":"https://doi.org/10.17159/2413-3108/2008/V0I24A953","url":null,"abstract":"The Directorate of Special Operations (DSO) was set up in 1999 as a specialised unit of the National Prosecuting Authority with the dual responsibility of investigating and prosecuting national priority crimes, the main focus being high-level corruption and organised crime. Despite its successes, by 2005 critics were raising questions about its mandate and the strained relationship between the DSO and the South African Police Service (SAPS). Consequently, President Mbeki appointed Judge Sisi Khampepe to head a Commission of Inquiry into the mandate and location of the DSO. This article is a summary of some of the key issues raised in the Khampepe Report.","PeriodicalId":344114,"journal":{"name":"SA crime quarterly","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129106766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-03-08DOI: 10.17159/2413-3108/2010/V0I31A888
D. Bruce
Following an announcement in 2004 by the South African government that in the coming years it would endeavour to reduce violent crime by seven to ten per cent per annum, total levels of violent crime dropped by 25 per cent over the next five years. However, a closer look at the crime statistics over this period reveals a number of peculiarities that require explanation. In recent years there have also been numerous press reports on the manipulation of crime statistics that have highlighted the existence of incentives within the SAPS not to record violent crime. This article argues that the identified peculiarities in crime statistics can be understood as linked to non-recording, which is shaped by a hierarchy of violent crime in which some categories of crime are viewed as important while others are viewed as unimportant. This implies that current violent crime statistics cannot be relied on as an indicator of trends in violent crime.
{"title":"‘The ones in the pile were the ones going down’: The reliability of violent crime statistics","authors":"D. Bruce","doi":"10.17159/2413-3108/2010/V0I31A888","DOIUrl":"https://doi.org/10.17159/2413-3108/2010/V0I31A888","url":null,"abstract":"Following an announcement in 2004 by the South African government that in the coming years it would endeavour to reduce violent crime by seven to ten per cent per annum, total levels of violent crime dropped by 25 per cent over the next five years. However, a closer look at the crime statistics over this period reveals a number of peculiarities that require explanation. In recent years there have also been numerous press reports on the manipulation of crime statistics that have highlighted the existence of incentives within the SAPS not to record violent crime. This article argues that the identified peculiarities in crime statistics can be understood as linked to non-recording, which is shaped by a hierarchy of violent crime in which some categories of crime are viewed as important while others are viewed as unimportant. This implies that current violent crime statistics cannot be relied on as an indicator of trends in violent crime.","PeriodicalId":344114,"journal":{"name":"SA crime quarterly","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115462229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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