Pub Date : 2022-11-26DOI: 10.17159/2413-3108/2022/vn71a12401
Ropafadzo Maphosa
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. It is argued that the court could have highlighted the power dynamics at play during the commission of rape without denouncing instrumentality as a central element of the crime. This article further argues that the Constitutional Court, in developing common law rape, should have taken into account that rape is a conduct/instrumental crime under the Criminal Law (Sexual Offences and Related Matters) Amendment 32 of 2007. Instead, the judgment now has the effect of creating different elements for common law rape, in cases where there is more than one perpetrator.
宪法法院在Tshabalala诉S;nuli v S 2020 2 SACR 38 CC无疑是朝着南非强奸法改革的正确方向迈出的一步，然而，本文挑战法院将普通法原则的适用范围扩大到普通法强奸的决定。有人认为，法院本可以在不谴责作为犯罪核心要素的工具性的情况下，强调强奸过程中发挥作用的权力动态。这篇文章进一步认为，宪法法院在制定普通法强奸案时，应该考虑到根据2007年《刑法(性犯罪及相关事项)修正案32》，强奸是一种行为/工具犯罪。相反，该判决现在的效果是，在有不止一个犯罪者的情况下，为普通法上的强奸创造了不同的要素。
{"title":"Progressive or regressive rape case law? Tshabalala v S; Ntuli v S 2020 2 SACR 38 CC","authors":"Ropafadzo Maphosa","doi":"10.17159/2413-3108/2022/vn71a12401","DOIUrl":"https://doi.org/10.17159/2413-3108/2022/vn71a12401","url":null,"abstract":"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. It is argued that the court could have highlighted the power dynamics at play during the commission of rape without denouncing instrumentality as a central element of the crime. This article further argues that the Constitutional Court, in developing common law rape, should have taken into account that rape is a conduct/instrumental crime under the Criminal Law (Sexual Offences and Related Matters) Amendment 32 of 2007. Instead, the judgment now has the effect of creating different elements for common law rape, in cases where there is more than one perpetrator. ","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43539753","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 : 2022-11-25DOI: 10.17159/2413-3108/2022/vn71a8802
S. F. Cinini, Sazelo Mkhize
South Africa has seen waves of collective xenophobic violence and daily criminal attacks targeting foreign migrants. This study interviewed foreign nationals from African countries living in Durban. Through the lens of strain theory, it explores possible solutions to combat violence against foreign nationals in South Africa. The findings suggest the need to address poverty, socioeconomic integration, community participation, and skills. This will reduce strain and build social cohesion. The government should also revise the Immigration Act to accommodate foreign nationals who legally find themselves within its borders. This revision should take into consideration the suffering of foreigners and reduce any restrictive measures that limit their socioeconomic integration.
{"title":"Combatting violence against African foreign nationals: A criminological approach towards community safety in the KwaZulu-Natal province of South Africa","authors":"S. F. Cinini, Sazelo Mkhize","doi":"10.17159/2413-3108/2022/vn71a8802","DOIUrl":"https://doi.org/10.17159/2413-3108/2022/vn71a8802","url":null,"abstract":"South Africa has seen waves of collective xenophobic violence and daily criminal attacks targeting foreign migrants. This study interviewed foreign nationals from African countries living in Durban. Through the lens of strain theory, it explores possible solutions to combat violence against foreign nationals in South Africa. The findings suggest the need to address poverty, socioeconomic integration, community participation, and skills. This will reduce strain and build social cohesion. \u0000The government should also revise the Immigration Act to accommodate foreign nationals who legally find themselves within its borders. This revision should take into consideration the suffering of foreigners and reduce any restrictive measures that limit their socioeconomic integration. ","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49030826","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 : 2022-10-26DOI: 10.17159/2413-3108/2022/vn71a12731
Ntholeng Molefi, G. Harris
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. The project began with focus group discussions with first-time offenders, repeat offenders and ex-inmates to identify the main challenges faced by ex-inmates. It was found that these were stigma, rejection by their families and communities and the harsh socio-economic environment. The study then utilised restorative justice education materials from a South African NGO, Phoenix Zululand, which were translated into Sesotho and modified to suit local conditions. The programme involved discussion groups led by a facilitator and culminated in a conference involving inmates and their families held shortly before release. An evaluation conducted 12–18 months after release found very positive outcomes for the ex-inmates and their families concerned but there are reasons to be conservative in what is claimed in terms of programme success.
{"title":"Keeping them out of prison: A restorative justice education intervention with prison inmates in Lesotho","authors":"Ntholeng Molefi, G. Harris","doi":"10.17159/2413-3108/2022/vn71a12731","DOIUrl":"https://doi.org/10.17159/2413-3108/2022/vn71a12731","url":null,"abstract":" \u0000 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. The project began with focus group discussions with first-time offenders, repeat offenders and ex-inmates to identify the main challenges faced by ex-inmates. It was found that these were stigma, rejection by their families and communities and the harsh socio-economic environment. The study then utilised restorative justice education materials from a South African NGO, Phoenix Zululand, which were translated into Sesotho and modified to suit local conditions. The programme involved discussion groups led by a facilitator and culminated in a conference involving inmates and their families held shortly before release. An evaluation conducted 12–18 months after release found very positive outcomes for the ex-inmates and their families concerned but there are reasons to be conservative in what is claimed in terms of programme success. ","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42574218","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 : 2022-10-25DOI: 10.17159/2413-3108/2022/vn71a12857
G. Perkins
Danger is an integral part of the fabric of South African society. Yearly statistics regularly underscore the extent of danger experienced through reported acts of violence. As generally office bound executives, senior police officers rarely encounter this violence to the same extent as frontline officers.2 These police leaders are ultimately responsible for the strategies and operations employed to prevent police exposure to such dangers. Little research, however, has examined how the senior personnel react and respond to such danger. In this discussion, perceptions of senior South African Police Service (SAPS) officials to the dangers of police work are laid bare. How danger is conceptualised at such senior levels has relevance in initial examinations of why the SAPS may police in the manner in which they do.
{"title":"‘Bad, sad and angry’: Responses of the SAPS leadership to the dangers of policing","authors":"G. Perkins","doi":"10.17159/2413-3108/2022/vn71a12857","DOIUrl":"https://doi.org/10.17159/2413-3108/2022/vn71a12857","url":null,"abstract":"Danger is an integral part of the fabric of South African society. Yearly statistics regularly underscore the extent of danger experienced through reported acts of violence. As generally office bound executives, senior police officers rarely encounter this violence to the same extent as frontline officers.2 These police leaders are ultimately responsible for the strategies and operations employed to prevent police exposure to such dangers. Little research, however, has examined how the senior personnel react and respond to such danger. In this discussion, perceptions of senior South African Police Service (SAPS) officials to the dangers of police work are laid bare. How danger is conceptualised at such senior levels has relevance in initial examinations of why the SAPS may police in the manner in which they do. ","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44438305","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 : 2022-09-27DOI: 10.17159/2413-3108/2022/i71a9539
Ivan Henrico, Nkosana Mayoyo, B. Mtshawu
South Africa faces high levels of crime. The Saldanha Bay Municipality, the setting of this study, is laden with poverty, unemployment and gangsterism that deprive quality of life and contribute to social ills. While crime management and prevention strategies require information regarding crime trends, this information for the Saldanha Bay Municipality area is limited. Hence, the study aimed to illustrate the spatial distribution and trends of crime in the Saldanha Bay Municipality, focusing on the period January 2017 to June 2020, and to indicate the recent impact of COVID-19 on these crime trends. The results of the study are presented by means of graphs and tables, and hotspot mapping was done using the ArcGIS Getis-Ord Gi* statistics tool. These results indicate that crime has increased over the past three years and that criminal activities are linked to urban hubs where most people stay and work. In terms of the effect of the COVID-19 pandemic and the lockdown regulations on crime, it is interesting to note the variations in crime rates during the first three months of lockdown (from April 2020 to June 2020) when compared to the rest of the period under investigation. Amongst the five towns investigated, the town of Vredenburg which has the highest population total and was ranked highest in terms of crime rates prior to the lockdown, moved from first to third, behind Langebaan and St Helena Bay. Similarly, Saldanha Bay with the second highest population total moved down to fourth. Hopefield was still the town with the lowest mean crime rate.
南非面临着高犯罪率。这项研究的背景是萨尔达哈湾市，那里充满了贫困、失业和黑帮，剥夺了生活质量，助长了社会弊病。虽然犯罪管理和预防战略需要有关犯罪趋势的信息，但萨尔达尼亚湾市辖区的信息有限。因此，本研究旨在说明萨尔达尼亚湾市犯罪的空间分布和趋势，重点是2017年1月至2020年6月，并表明新冠肺炎对这些犯罪趋势的近期影响。研究结果以图表的形式呈现，并使用ArcGIS Getis Ord Gi*统计工具进行热点映射。这些结果表明，犯罪在过去三年中有所增加，犯罪活动与大多数人居住和工作的城市中心有关。就新冠肺炎疫情和封锁规定对犯罪的影响而言，值得注意的是，与调查期间的其余时间相比，封锁前三个月（2020年4月至2020年6月）的犯罪率有所变化。在调查的五个城镇中，Vredenburg镇的人口总数最高，在封锁前犯罪率排名最高，从第一上升到第三，仅次于Langebaan和圣赫勒拿湾。同样，人口总数第二高的萨尔达尼亚湾也下降到了第四位。霍普菲尔德仍然是平均犯罪率最低的城镇。
{"title":"Understanding crime using GIS and the context of COVID-19: the case of Saldanha Bay Municipality","authors":"Ivan Henrico, Nkosana Mayoyo, B. Mtshawu","doi":"10.17159/2413-3108/2022/i71a9539","DOIUrl":"https://doi.org/10.17159/2413-3108/2022/i71a9539","url":null,"abstract":" \u0000 South Africa faces high levels of crime. The Saldanha Bay Municipality, the setting of this study, is laden with poverty, unemployment and gangsterism that deprive quality of life and contribute to social ills. While crime management and prevention strategies require information regarding crime trends, this information for the Saldanha Bay Municipality area is limited. Hence, the study aimed to illustrate the spatial distribution and trends of crime in the Saldanha Bay Municipality, focusing on the period January 2017 to June 2020, and to indicate the recent impact of COVID-19 on these crime trends. The results of the study are presented by means of graphs and tables, and hotspot mapping was done using the ArcGIS Getis-Ord Gi* statistics tool. These results indicate that crime has increased over the past three years and that criminal activities are linked to urban hubs where most people stay and work. In terms of the effect of the COVID-19 pandemic and the lockdown regulations on crime, it is interesting to note the variations in crime rates during the first three months of lockdown (from April 2020 to June 2020) when compared to the rest of the period under investigation. Amongst the five towns investigated, the town of Vredenburg which has the highest population total and was ranked highest in terms of crime rates prior to the lockdown, moved from first to third, behind Langebaan and St Helena Bay. Similarly, Saldanha Bay with the second highest population total moved down to fourth. Hopefield was still the town with the lowest mean crime rate. ","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42560391","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 : 2022-09-27DOI: 10.17159/2413-3108/2022/i71a12709
L. Muntingh
This article explores the nature and causes of prisoner protests, looking at it first from a sociological perspective and second, a rights perspective. The fact that people end up in prison following due process does not mean that their imprisonment is not a contested arena in the sense that prisoners are generally aware of their rights, even when curtailed. Importantly, this curtailment has boundaries - prisoners do not lose all their rights and it seems that this particular issue is frequently the locus of tension, and sometimes conflict, between prisoners and prison administration. There is nothing in South African law prohibiting prisoners from protesting as recognised by s 17 of the Bill of Rights. However, prisoners, with reference to the right to free speech and the right to peaceful demonstration, find themselves in a situation where they can claim these rights, but the enabling legislation is not only lacking, but there are strong indications that the operational procedures prevent them from exercising these rights.
{"title":"Prison protests in South Africa: A conceptual exploration","authors":"L. Muntingh","doi":"10.17159/2413-3108/2022/i71a12709","DOIUrl":"https://doi.org/10.17159/2413-3108/2022/i71a12709","url":null,"abstract":" \u0000This article explores the nature and causes of prisoner protests, looking at it first from a sociological perspective and second, a rights perspective. The fact that people end up in prison following due process does not mean that their imprisonment is not a contested arena in the sense that prisoners are generally aware of their rights, even when curtailed. Importantly, this curtailment has boundaries - prisoners do not lose all their rights and it seems that this particular issue is frequently the locus of tension, and sometimes conflict, between prisoners and prison administration. There is nothing in South African law prohibiting prisoners from protesting as recognised by s 17 of the Bill of Rights. However, prisoners, with reference to the right to free speech and the right to peaceful demonstration, find themselves in a situation where they can claim these rights, but the enabling legislation is not only lacking, but there are strong indications that the operational procedures prevent them from exercising these rights. ","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44880248","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 : 2021-11-03DOI: 10.17159/2413-3108/2021/vn70a11092
Nurina Ally, Robyn Beere, Kelley Moult
Testing positive for drug use at school turned into a horror story for four learners, who were channelled into the criminal justice system by their school and detained for months under ‘compulsory residence orders’ at child and youth care facilities. This occurred even though the referral of children to the criminal justice system following a school-administered drug test is explicitly prohibited by legislation. S v L M & Others draws startling attention to the failure of school officials, prosecutors and magistrates to comply with legislation, and the devastating impacts that a direct ‘school-to-prison’ pipeline can have on children. The case also raises red flags around broader punitive and exclusionary school disciplinary mechanisms, which – even where lawful – may also adversely affect children and potentially contribute to school-to-prison pathways in South Africa. 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.
对四名学生来说，在学校的吸毒检测呈阳性变成了一个恐怖故事，他们被学校引入刑事司法系统，并根据“强制居住令”在儿童和青少年护理机构被拘留了几个月。尽管法律明确禁止在学校进行药物测试后将儿童移交刑事司法系统，但这种情况还是发生了。S v L M&Others引起了人们对学校官员、检察官和治安法官未能遵守立法的惊人关注，以及直接“从学校到监狱”的管道可能对儿童产生的毁灭性影响。该案还引发了更广泛的惩罚性和排他性学校纪律机制的危险信号，即使在合法的情况下，这些机制也可能对儿童产生不利影响，并可能导致南非从学校到监狱的道路。我们认为，S v L M强调了对学校纪律采取恢复性和预防性方法的必要性，这不仅可以改变学习者和学校，而且可以更广泛地改变社会。
{"title":"Red flags: Disciplinary practices and ‘school-to-prison’ pathways in South Africa","authors":"Nurina Ally, Robyn Beere, Kelley Moult","doi":"10.17159/2413-3108/2021/vn70a11092","DOIUrl":"https://doi.org/10.17159/2413-3108/2021/vn70a11092","url":null,"abstract":"Testing positive for drug use at school turned into a horror story for four learners, who were channelled into the criminal justice system by their school and detained for months under ‘compulsory residence orders’ at child and youth care facilities. This occurred even though the referral of children to the criminal justice system following a school-administered drug test is explicitly prohibited by legislation. S v L M & Others draws startling attention to the failure of school officials, prosecutors and magistrates to comply with legislation, and the devastating impacts that a direct ‘school-to-prison’ pipeline can have on children. The case also raises red flags around broader punitive and exclusionary school disciplinary mechanisms, which – even where lawful – may also adversely affect children and potentially contribute to school-to-prison pathways in South Africa. 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. ","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43656780","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 : 2021-05-22DOI: 10.17159/2413-3108/2021/vn70a7744
M. Bekink
Mandatory reporting laws are a controversial mechanism that require members of particular occupations to report cases of serious child maltreatment that they encounter in the course of their work to welfare or law enforcement agencies. In April 2019 a video went viral in which a woman filmed her colleague beating toddlers at a crèche in Gauteng. The crèche was closed, and arrests were made, including of the videographer. 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.
{"title":"Reversing the ‘syndrome of secrecy’: Peremptory reporting obligations in cases of child abuse and neglect","authors":"M. Bekink","doi":"10.17159/2413-3108/2021/vn70a7744","DOIUrl":"https://doi.org/10.17159/2413-3108/2021/vn70a7744","url":null,"abstract":"Mandatory reporting laws are a controversial mechanism that require members of particular occupations to report cases of serious child maltreatment that they encounter in the course of their work to welfare or law enforcement agencies. In April 2019 a video went viral in which a woman filmed her colleague beating toddlers at a crèche in Gauteng. The crèche was closed, and arrests were made, including of the videographer. 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. ","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45435854","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 : 2021-05-22DOI: 10.17159/2413-3108/2021/vn70a5597
W. Holness
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. Creating a substantive hate crime based on disability has symbolic value, but should only be considered if the existing challenges to full and meaningful participation by persons with disabilities in investigative and court proceedings are addressed through appropriate procedural accommodations.
{"title":"Hate crime based on disability in South Africa: Lessons for law reform","authors":"W. Holness","doi":"10.17159/2413-3108/2021/vn70a5597","DOIUrl":"https://doi.org/10.17159/2413-3108/2021/vn70a5597","url":null,"abstract":" \u0000When 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. Creating a substantive hate crime based on disability has symbolic value, but should only be considered if the existing challenges to full and meaningful participation by persons with disabilities in investigative and court proceedings are addressed through appropriate procedural accommodations. ","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47530819","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 : 2021-01-18DOI: 10.17159/2413-3108/2020/VN69A9309
Anine Kriegler
In November 2020 Anine Kriegler interviewed Shaun Shelly about recent developments in South African Drug Policy in the wake of the 2018 Constitutional Court judgment decriminalising personal possession of cannabis, and the subsequent Cannabis for Private Purposes Bill. Shaun is a researcher at the University of Pretoria Department of Family Medicine where he is part of the team implementing a community oriented primary care approach to address drug use in the City of Tshwane. He is the founder of the South African Drug Policy Week and is the drug policy lead at TB HIV Care, a non-profit organisation that works to prevent, find, and treat TB, HIV, and other major diseases by targeting interventions to address the needs of populations at risk, such as inmates, sex workers, and people who inject drugs. Shaun is a founding member and chair of the South African Network of People Who Use Drugs and the former Deputy Secretary of the United Nations Vienna NGO Committee on Narcotic Drugs. He sits on various other national and international task teams and advisory boards on drugs. Anine is a board member of the South African Drug Policy Initiative, a voluntary association that aims to reform South African drug laws, and which submitted an objection to the Bill.
2020年11月，Anine Kriegler采访了Shaun Shelly，介绍了2018年宪法法院判决个人持有大麻非刑事化以及随后的《私人用途大麻法案》之后南非毒品政策的最新发展。Shaun是比勒陀利亚大学家庭医学系的一名研究员，他是该团队的一员，该团队实施了以社区为导向的初级保健方法，以解决茨瓦内市的毒品使用问题。他是南非毒品政策周的创始人，也是结核病艾滋病毒护理(TB HIV Care)的药物政策负责人。结核病艾滋病毒护理是一个非营利性组织，致力于预防、发现和治疗结核病、艾滋病毒和其他主要疾病，通过有针对性的干预措施，解决囚犯、性工作者和注射吸毒者等高危人群的需求。肖恩是南非吸毒者网络的创始成员和主席，也是联合国维也纳非政府组织麻醉药品委员会的前副秘书。他是其他多个国家和国际禁毒任务小组和咨询委员会的成员。Anine是南非毒品政策倡议组织(South African Drug Policy Initiative)的董事会成员，这是一个旨在改革南非毒品法律的自愿组织，该组织对该法案提出了反对意见。
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