首页 > 最新文献

South African Crime Quarterly-SACQ最新文献

英文 中文
On the record with Judge Jody Kollapen 与Jody Kollapen法官记录在案
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2019-04-18 DOI: 10.17159/2413-3108/2018/V0N66A6242
Nontsasa Nako
With the revelations by Bosasa officials at the State Capture Enquiry, held in early 2019, laying bare the corrupt links between prisons, detention centres and border control, and high ranking political and government officials, the time is ripe to excavate the capitalist interests that fuel incarceration in this country. How did the prison industrial complex overtake the lofty principles that ushered in the South African democratic era? Judge Jody Kollapen is well-placed to speak to about the evolution of the South African prison from a colonial institute that served to criminalise and dominate 'natives', to its utility as instrument of state repression under apartheid, to its present manifestation in the democratic era. He has laboured at the coalface of apartheid crime and punishment through his work as an attorney in the Delmas Treason Trial, and  for the Sharpeville Six, and also worked as a member of Lawyers for Human Rights, where he coordinated the 'Release Political Prisoners' programme, Importantly, Justice Kollapen had a ringside seat at the theatre of our transition from apartheid to democracy as he was part of the selection panel that chose the commissioners for the Truth and Reconciliation Commission (TRC). Many questions can be asked of the South African TRC including whether it was the best mechanism to deal with the past and whether it achieved reconciliation. What concerns us here is its impact on crime and punishment in the democratic era. If our transition was premised on restorative justice, then shouldn’t that be the guiding principle for the emerging democratic state?  In line with this special edition’s focus on the impact of incarceration on the marginalized and vulnerable, Judge Kollapen shares some insights on how the prison has fared in democratic South Africa, and how imprisonment affects communities across the country. As an Acting Judge in the Constitutional Court, a practitioner with a long history of civic engagement, and someone who has thought and written about criminalization, human rights and prisons, Judge Kollapen helps us to think about what decolonization entails for prisons in South Africa.
随着博萨萨官员在2019年初举行的国家抓捕调查中揭露监狱、拘留中心和边境管制以及高级政治和政府官员之间的腐败联系,挖掘助长该国监禁的资本主义利益的时机已经成熟。监狱工业综合体是如何超越开创南非民主时代的崇高原则的?Jody Kollapen法官非常适合谈论南非监狱的演变,从一个曾将“原住民”定罪和统治的殖民机构,到它在种族隔离下作为国家镇压工具的效用,再到它在民主时代的当前表现。他曾在德尔马斯叛国案审判和沙佩维尔六人组担任律师,在种族隔离犯罪和惩罚的困境中工作,还曾担任人权律师协会的成员,在那里他协调了“释放政治犯”计划,Kollapen法官在我们从种族隔离向民主过渡的舞台上坐在场边,因为他是选择真相与和解委员会(TRC)委员的选拔小组的一员。可以向南非真相与和解委员会提出许多问题,包括它是否是处理过去的最佳机制,以及它是否实现了和解。我们在这里关注的是它对民主时代犯罪和惩罚的影响。如果我们的过渡是以恢复性司法为前提的,那么这难道不应该成为新兴民主国家的指导原则吗?根据本期特别版对监禁对边缘化和弱势群体影响的关注,Kollapen法官分享了一些关于监狱在民主南非的表现以及监禁如何影响全国社区的见解。作为宪法法院的代理法官,一位有着悠久公民参与历史的从业者,一位对刑事定罪、人权和监狱进行过思考和写作的人,科拉彭法官帮助我们思考南非监狱的非殖民化意味着什么。
{"title":"On the record with Judge Jody Kollapen","authors":"Nontsasa Nako","doi":"10.17159/2413-3108/2018/V0N66A6242","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N66A6242","url":null,"abstract":"With the revelations by Bosasa officials at the State Capture Enquiry, held in early 2019, laying bare the corrupt links between prisons, detention centres and border control, and high ranking political and government officials, the time is ripe to excavate the capitalist interests that fuel incarceration in this country. How did the prison industrial complex overtake the lofty principles that ushered in the South African democratic era? Judge Jody Kollapen is well-placed to speak to about the evolution of the South African prison from a colonial institute that served to criminalise and dominate 'natives', to its utility as instrument of state repression under apartheid, to its present manifestation in the democratic era. He has laboured at the coalface of apartheid crime and punishment through his work as an attorney in the Delmas Treason Trial, and  for the Sharpeville Six, and also worked as a member of Lawyers for Human Rights, where he coordinated the 'Release Political Prisoners' programme, Importantly, Justice Kollapen had a ringside seat at the theatre of our transition from apartheid to democracy as he was part of the selection panel that chose the commissioners for the Truth and Reconciliation Commission (TRC). Many questions can be asked of the South African TRC including whether it was the best mechanism to deal with the past and whether it achieved reconciliation. What concerns us here is its impact on crime and punishment in the democratic era. If our transition was premised on restorative justice, then shouldn’t that be the guiding principle for the emerging democratic state?  In line with this special edition’s focus on the impact of incarceration on the marginalized and vulnerable, Judge Kollapen shares some insights on how the prison has fared in democratic South Africa, and how imprisonment affects communities across the country. As an Acting Judge in the Constitutional Court, a practitioner with a long history of civic engagement, and someone who has thought and written about criminalization, human rights and prisons, Judge Kollapen helps us to think about what decolonization entails for prisons in South Africa.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45036343","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}
引用次数: 0
Is crime getting increasingly violent? An assessment of the role of bank associated robbery in South Africa 犯罪是否越来越暴力?南非银行抢劫案作用评估
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-09-30 DOI: 10.17159/2413-3108/2018/V0N65A4367
Mahlongonolo Thobane, J. Prinsloo
There is public concern about the violent nature of crime in South Africa and the continuously increasing levels of crime, both of which place a huge burden on the resources of the criminal justice system. ‘Bank associated robbery’ is a bank-related robbery (or attempted robbery) of cash, committed against a bank client while en route to or from a bank or ATM. Although this phenomenon is relatively unknown both in the academe and to the general public, the drastic increase in these violent and potentially traumatic crimes puts the general public at risk, and is therefore of particular concern to the banking industry and criminal justice practitioners. The impact and consequences of these robberies are aggravated by their interaction with the so-called trio crimes: home invasions and robbery, business robberies, and vehicle hijacking. In this article the dynamics of bank associated robbery are analysed, as well as its interrelationship with the trio crimes.
公众对南非犯罪的暴力性质和不断上升的犯罪水平感到担忧,这两种情况都给刑事司法系统的资源带来了巨大负担。”银行相关抢劫”是指在往返银行或ATM的途中,针对银行客户实施的与银行相关的现金抢劫(或未遂抢劫)。尽管这一现象在学术界和公众中都相对不为人知,但这些暴力和潜在创伤犯罪的急剧增加使公众面临风险,因此银行业和刑事司法从业者特别关注。这些抢劫案的影响和后果因其与所谓的三重犯罪的相互作用而加剧:入室抢劫、商业抢劫和劫持车辆。本文分析了银行关联抢劫的犯罪动态及其与三罪的相互关系。
{"title":"Is crime getting increasingly violent? An assessment of the role of bank associated robbery in South Africa","authors":"Mahlongonolo Thobane, J. Prinsloo","doi":"10.17159/2413-3108/2018/V0N65A4367","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N65A4367","url":null,"abstract":"There is public concern about the violent nature of crime in South Africa and the continuously increasing levels of crime, both of which place a huge burden on the resources of the criminal justice system. ‘Bank associated robbery’ is a bank-related robbery (or attempted robbery) of cash, committed against a bank client while en route to or from a bank or ATM. Although this phenomenon is relatively unknown both in the academe and to the general public, the drastic increase in these violent and potentially traumatic crimes puts the general public at risk, and is therefore of particular concern to the banking industry and criminal justice practitioners. The impact and consequences of these robberies are aggravated by their interaction with the so-called trio crimes: home invasions and robbery, business robberies, and vehicle hijacking. In this article the dynamics of bank associated robbery are analysed, as well as its interrelationship with the trio crimes.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44928191","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}
引用次数: 3
A missing link in the Traditional Courts Bill 2017: Evidence obtained through human rights violations 《2017年传统法院法案》中缺失的一环:通过侵犯人权获得的证据
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-09-30 DOI: 10.17159/2413-3108/2018/V0N65A5268
R. D. Nanima
The issue of admission of evidence obtained through human rights violations is central to a criminal justice system as a mechanism through which to prevent overzealous prosecution by the state and ensure protection of human rights. As such, any court that deals with criminal cases has to evaluate evidence before it is admitted. This article argues that the Traditional Courts Bill (TCB)1 does not provide for a mode of dealing with evidence obtained as a result of human rights violations. To substantiate this argument, the article reviews the current Bill, and reflects on the challenges that arise with regard to evidence obtained in this way. The article contextualises section 35(5) of the Constitution of the Republic of South Africa, and discusses the practical difficulties of applying it under the current Bill. The article concludes with recommendations for measures that can ensure that accused persons are not prejudiced when appearing before the court.
承认通过侵犯人权获得的证据是刑事司法系统的核心问题,作为防止国家过度起诉和确保保护人权的机制。因此,任何处理刑事案件的法庭都必须在接受证据之前对证据进行评估。本文认为,《传统法院法案》(TCB)1没有规定处理因侵犯人权而获得的证据的模式。为了证实这一论点,本文审查了目前的法案,并反思了以这种方式获得的证据所产生的挑战。该条以《南非共和国宪法》第35(5)条为背景,并讨论了根据现行法案适用该条的实际困难。该条最后建议采取措施,确保被告在法庭出庭时不受偏见。
{"title":"A missing link in the Traditional Courts Bill 2017: Evidence obtained through human rights violations","authors":"R. D. Nanima","doi":"10.17159/2413-3108/2018/V0N65A5268","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N65A5268","url":null,"abstract":"The issue of admission of evidence obtained through human rights violations is central to a criminal justice system as a mechanism through which to prevent overzealous prosecution by the state and ensure protection of human rights. As such, any court that deals with criminal cases has to evaluate evidence before it is admitted. This article argues that the Traditional Courts Bill (TCB)1 does not provide for a mode of dealing with evidence obtained as a result of human rights violations. To substantiate this argument, the article reviews the current Bill, and reflects on the challenges that arise with regard to evidence obtained in this way. The article contextualises section 35(5) of the Constitution of the Republic of South Africa, and discusses the practical difficulties of applying it under the current Bill. The article concludes with recommendations for measures that can ensure that accused persons are not prejudiced when appearing before the court.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42014648","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}
引用次数: 3
On the Record: Nicolette Naylor & Sibongile Ndashe 记录:Nicolette Naylor和Sibongile Ndashe
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-09-30 DOI: 10.17159/2413-3108/2018/V0N65A5574
Kelley Moult
Recent local and global developments have turned the spotlight on the role of law in addressing sexual harassment in the workplace. Almost four decades after feminist legal scholars pushed for law that recognises that sexual harassment constitutes a form of discrimination that is legally actionable, it is important to take stock of the success and limits of the law. In a context where the law is increasingly accused of complicity in shielding abusers by (mis)applying sexual harassment policies to exonerate the perpetrators or fail to hold institutions to account where they claim that their hands are tied because complainants do not want to lay formal complaints. Nicolette Naylor (Director, Ford Foundation for Southern Africa) and Sibongile Ndashe (Executive Director: The Initiative for Strategic Litigation in Africa [ISLA]) discuss the role of the law against the backdrop of the successes of campaigns like the #MeToo movement that encourage survivors to speak out outside of the by unmasking and publicly naming perpetrators. The conversation was originally presented as an ISLA Conversation between Nicolette and Sibongile on 10 July 2018 in Johannesburg.
最近当地和全球的事态发展使人们关注法律在解决工作场所性骚扰方面的作用。在女权主义法律学者推动法律承认性骚扰是一种可依法起诉的歧视形式近四十年后,评估法律的成功和局限性很重要。在这种情况下,法律越来越多地被指控通过(错误地)应用性骚扰政策来为施暴者开脱罪责,或在机构声称由于投诉人不想提出正式投诉而被束缚的情况下,未能追究机构的责任,从而共谋保护施虐者。Nicolette Naylor(福特南部非洲基金会主任)和Sibongile Ndashe(非洲战略诉讼倡议执行主任[SILA])在#MeToo运动等运动取得成功的背景下讨论了法律的作用,这些运动鼓励幸存者通过揭露和公开点名肇事者,在外部发声。该对话最初是2018年7月10日Nicolette和Sibongile在约翰内斯堡举行的ISLA对话。
{"title":"On the Record: Nicolette Naylor & Sibongile Ndashe","authors":"Kelley Moult","doi":"10.17159/2413-3108/2018/V0N65A5574","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N65A5574","url":null,"abstract":"Recent local and global developments have turned the spotlight on the role of law in addressing sexual harassment in the workplace. Almost four decades after feminist legal scholars pushed for law that recognises that sexual harassment constitutes a form of discrimination that is legally actionable, it is important to take stock of the success and limits of the law. In a context where the law is increasingly accused of complicity in shielding abusers by (mis)applying sexual harassment policies to exonerate the perpetrators or fail to hold institutions to account where they claim that their hands are tied because complainants do not want to lay formal complaints. Nicolette Naylor (Director, Ford Foundation for Southern Africa) and Sibongile Ndashe (Executive Director: The Initiative for Strategic Litigation in Africa [ISLA]) discuss the role of the law against the backdrop of the successes of campaigns like the #MeToo movement that encourage survivors to speak out outside of the by unmasking and publicly naming perpetrators. The conversation was originally presented as an ISLA Conversation between Nicolette and Sibongile on 10 July 2018 in Johannesburg.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42150035","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}
引用次数: 0
Shot while surrendering: Strikers describe Marikana Scene 2 投降时开枪:罢工者描述马里卡纳场景2
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-09-30 DOI: 10.17159/2413-3108/2018/V0N65A3049
D. Bruce
This article is concerned with the events of 16 August 2012 at the Lonmin Marikana mine in the North West province, when members of the South African Police Service killed 34 people, most of whom were striking mineworkers. These killings, now widely referred to as the Marikana massacre, are regarded not only as a tragedy but also as an event of great significance in South Africa’s contemporary history. A commission of inquiry was held into the killings, but it did not reach any conclusions about what had happened at the second massacre site, commonly referred to as Scene 2, at which 17 of the fatal shootings took place. While these events are now the subject of an investigation by police oversight and criminal justice agencies, we cannot assume that this will reveal the truth about the killings at Scene 2. To add to our understanding of the events at Marikana, this article analyses statements from the injured and arrested strikers taken by the Independent Police Investigative Directorate in the five days immediately after the massacre. This article examines data from the statements, and the circumstances in which these statements were taken, in order to interrogate the assertion that ‘strikers were shot by police while surrendering or injured at Scene 2’.1 It concludes that, taken as a whole, the statements are a reliable source of information that some of the strikers at Scene 2 were indeed shot while surrendering.
本文关注的是2012年8月16日在西北省Lonmin Marikana煤矿发生的事件,当时南非警察杀害了34人,其中大多数是罢工的矿工。这些杀戮,现在被广泛地称为马里卡纳大屠杀,不仅被视为一场悲剧,而且被视为南非当代历史上具有重大意义的事件。一个调查委员会对这些杀戮事件进行了调查,但它没有就第二个屠杀地点(通常被称为“第二现场”)发生的情况得出任何结论,其中17起致命枪击发生在这里。虽然警方和刑事司法机构正在对这些事件进行调查,但我们不能认为这将揭示第二现场杀人的真相。为了增进我们对Marikana事件的了解,本文分析了独立警察调查处在大屠杀发生后五天内对受伤和被捕罢工者的陈述。本文研究了这些陈述的数据,以及这些陈述所处的环境,以质疑“罢工者在现场2投降或受伤时被警察开枪”的说法它的结论是,从整体上看,这些陈述是可靠的信息来源,表明现场2的一些罢工者确实是在投降时被枪杀的。
{"title":"Shot while surrendering: Strikers describe Marikana Scene 2","authors":"D. Bruce","doi":"10.17159/2413-3108/2018/V0N65A3049","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N65A3049","url":null,"abstract":"This article is concerned with the events of 16 August 2012 at the Lonmin Marikana mine in the North West province, when members of the South African Police Service killed 34 people, most of whom were striking mineworkers. These killings, now widely referred to as the Marikana massacre, are regarded not only as a tragedy but also as an event of great significance in South Africa’s contemporary history. A commission of inquiry was held into the killings, but it did not reach any conclusions about what had happened at the second massacre site, commonly referred to as Scene 2, at which 17 of the fatal shootings took place. While these events are now the subject of an investigation by police oversight and criminal justice agencies, we cannot assume that this will reveal the truth about the killings at Scene 2. To add to our understanding of the events at Marikana, this article analyses statements from the injured and arrested strikers taken by the Independent Police Investigative Directorate in the five days immediately after the massacre. This article examines data from the statements, and the circumstances in which these statements were taken, in order to interrogate the assertion that ‘strikers were shot by police while surrendering or injured at Scene 2’.1 It concludes that, taken as a whole, the statements are a reliable source of information that some of the strikers at Scene 2 were indeed shot while surrendering.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46674413","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}
引用次数: 1
Editorial: Hard questions, big challenges 社论:棘手的问题,巨大的挑战
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-09-30 DOI: 10.17159/2413-3108/2018/V0N65A5612
Kelley Moult, Diane Jefthas
Editorial September 2018
社论2018年9月
{"title":"Editorial: Hard questions, big challenges","authors":"Kelley Moult, Diane Jefthas","doi":"10.17159/2413-3108/2018/V0N65A5612","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N65A5612","url":null,"abstract":"Editorial September 2018","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42428747","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}
引用次数: 0
Unpacking Discontent: Where and why protest happens in South Africa 解开不满:南非哪里以及为什么会发生抗议活动
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-06-29 DOI: 10.17159/2413-3108/2018/V0N64A3031
Lizette Lancaster
High levels of socio-economic dissatisfaction, persistent service delivery issues and increased political contestation necessitate closer monitoring of protest action. This article focuses on where and why protests happen. The findings draw on data collected by the Institute for Security Studies through its Protest and Public Violence Monitor (PPVM). Unlike other reporting systems, which tend to focus on specific types of protest, the PPVM seeks to provide comprehensive coverage and mapping of all forms of protest, including industrial strike action as well as political and group conflict. The findings highlight the wide-ranging nature of protests and illustrate how patterns of protests form over time in specific places. The article concludes by reflecting on how research into protest should not limit itself in scope. The ultimate aim of the research should be to inform the development of more appropriate responses by various role players to prevent violence and to encourage peaceful protests.
对社会经济的高度不满、持续存在的服务提供问题以及日益加剧的政治争论,都需要对抗议行动进行更密切的监测。本文主要关注抗议活动发生的地点和原因。这些发现是根据安全研究所通过其抗议和公共暴力监测(PPVM)收集的数据得出的。与其他倾向于关注特定类型抗议的报道系统不同,PPVM试图提供全面的报道和所有形式抗议的地图,包括工业罢工行动以及政治和团体冲突。调查结果突出了抗议活动的广泛性质,并说明了抗议活动的模式是如何随着时间的推移在特定地区形成的。文章最后反思了对抗议的研究不应局限于范围。研究的最终目的应该是为各角色参与者制定更适当的对策提供信息,以防止暴力和鼓励和平抗议。
{"title":"Unpacking Discontent: Where and why protest happens in South Africa","authors":"Lizette Lancaster","doi":"10.17159/2413-3108/2018/V0N64A3031","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N64A3031","url":null,"abstract":"High levels of socio-economic dissatisfaction, persistent service delivery issues and increased political contestation necessitate closer monitoring of protest action. This article focuses on where and why protests happen. The findings draw on data collected by the Institute for Security Studies through its Protest and Public Violence Monitor (PPVM). Unlike other reporting systems, which tend to focus on specific types of protest, the PPVM seeks to provide comprehensive coverage and mapping of all forms of protest, including industrial strike action as well as political and group conflict. The findings highlight the wide-ranging nature of protests and illustrate how patterns of protests form over time in specific places. The article concludes by reflecting on how research into protest should not limit itself in scope. The ultimate aim of the research should be to inform the development of more appropriate responses by various role players to prevent violence and to encourage peaceful protests.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46970158","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}
引用次数: 25
The third time a charm? Traditional Courts Bill 2017 第三次施咒?2017年传统法院条例草案
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-06-29 DOI: 10.17159/2413-3108/2018/V0N64A4870
F. Osman
This article discusses the latest version of the Traditional Courts Bill introduced by Parliament in 2017. It examines several fundamental objections to previous versions of the Bill to explain the progress that has thus far been made. In a much-welcomed improvement, the 2017 Bill provides a mechanism for individuals to opt out of the traditional justice system. Nonetheless, the recognition of the old apartheid homeland boundaries is perpetuated, as only courts convened by a traditional leader, whose power and jurisdiction are based on the old tribal boundaries, are recognised. A notable change is that there are no longer appeals to the magistrates’ courts. Parties may appeal a decision to a higher customary court or apply for a review of a decision to the high court. This calls into question the accessibility and affordability of appeals, and essentially locks people into the traditional justice system after the commencement of proceedings. The bar on legal representation continues under the 2017 Bill, which remains objectionable given that traditional courts may still deal with criminal matters. However, the powers of traditional courts in granting sanctions have been significantly circumscribed and regulated. Thus, while the 2017 Bill represents a significant development of previous versions of the Bill, there is still room for improvement.
本文讨论了议会于2017年提出的最新版本的《传统法院法案》。它审查了对该法案以前版本的几个基本反对意见,以解释迄今取得的进展。2017年的法案为个人提供了一种选择退出传统司法体系的机制,这是一项广受欢迎的改进。尽管如此,对旧的种族隔离家园边界的承认是永久的,因为只有由传统领导人召集的法庭才得到承认,其权力和管辖权以旧的部落边界为基础。一个显著的变化是不再向地方法院上诉。当事人可向高级习惯法法院上诉,或向高等法院申请复审。这使人们对上诉的可及性和可负担性产生了疑问,并在诉讼开始后基本上将人们锁定在传统的司法系统中。2017年的法案继续禁止法律代理,鉴于传统法院仍可能处理刑事案件,这仍然令人反感。但是,传统法院给予制裁的权力受到了很大的限制和管制。因此,虽然2017年的法案代表了该法案以前版本的重大发展,但仍有改进的余地。
{"title":"The third time a charm? Traditional Courts Bill 2017","authors":"F. Osman","doi":"10.17159/2413-3108/2018/V0N64A4870","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N64A4870","url":null,"abstract":"This article discusses the latest version of the Traditional Courts Bill introduced by Parliament in 2017. It examines several fundamental objections to previous versions of the Bill to explain the progress that has thus far been made. In a much-welcomed improvement, the 2017 Bill provides a mechanism for individuals to opt out of the traditional justice system. Nonetheless, the recognition of the old apartheid homeland boundaries is perpetuated, as only courts convened by a traditional leader, whose power and jurisdiction are based on the old tribal boundaries, are recognised. A notable change is that there are no longer appeals to the magistrates’ courts. Parties may appeal a decision to a higher customary court or apply for a review of a decision to the high court. This calls into question the accessibility and affordability of appeals, and essentially locks people into the traditional justice system after the commencement of proceedings. The bar on legal representation continues under the 2017 Bill, which remains objectionable given that traditional courts may still deal with criminal matters. However, the powers of traditional courts in granting sanctions have been significantly circumscribed and regulated. Thus, while the 2017 Bill represents a significant development of previous versions of the Bill, there is still room for improvement.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45273817","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}
引用次数: 0
Ncedo Ntsasa Mngqibisa and Guy Lamb Ncedo Ntsasa Mngqibisa和Guy Lamb
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-06-29 DOI: 10.17159/2413-3108/2018/V0N64A5254
Kelley Moult
As anyone with empirical fieldwork experience knows, even best laid data collection plans rarely go off without a hitch. There is often rich learning from these challenges, although we seldom reflect on them in the literature.   This interview asks UCT’s Safety and Violence Initiative (SaVI) Director, Guy Lamb, and Study Coordinator Ncedo Ntsasa Mnquibisa about their experiences carrying out the Gugulethu component of a randomised household survey project that took place in Gugulethu and Manenberg in Cape Town in 2017. Young people between the ages of 12 and 18 years old, and one of their caregivers, were interviewed using a detailed (structured) questionnaire. This project was a partnership between SaVI, Amandla EduFootball and Dr Ian Edelstein (who was based at the Human Sciences Research Council), which focused on youth resilience, deviance and development. The project was funded by the Department of Cultural Affairs and Sport in the Western Cape Provincial Government.
任何有实地工作经验的人都知道,即使是最好的数据收集计划也很少顺利进行。尽管我们很少在文献中反思这些挑战,但我们经常从中获得丰富的教训。本次采访询问了UCT的安全与暴力倡议(SaVI)主任Guy Lamb和研究协调员Nsedo Ntsasa Mnquibisa,他们在2017年于开普敦古古勒图和马嫩贝格进行的一项随机家庭调查项目中执行古古勒托部分的经历。使用详细(结构化)问卷对12至18岁的年轻人及其护理人员进行了访谈。该项目是SaVI、Amandla EduFootball和Ian Edelstein博士(人类科学研究委员会成员)之间的合作项目,重点关注青年的韧性、越轨行为和发展。该项目由西开普省政府文化事务和体育部资助。
{"title":"Ncedo Ntsasa Mngqibisa and Guy Lamb","authors":"Kelley Moult","doi":"10.17159/2413-3108/2018/V0N64A5254","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N64A5254","url":null,"abstract":"As anyone with empirical fieldwork experience knows, even best laid data collection plans rarely go off without a hitch. There is often rich learning from these challenges, although we seldom reflect on them in the literature.   This interview asks UCT’s Safety and Violence Initiative (SaVI) Director, Guy Lamb, and Study Coordinator Ncedo Ntsasa Mnquibisa about their experiences carrying out the Gugulethu component of a randomised household survey project that took place in Gugulethu and Manenberg in Cape Town in 2017. Young people between the ages of 12 and 18 years old, and one of their caregivers, were interviewed using a detailed (structured) questionnaire. This project was a partnership between SaVI, Amandla EduFootball and Dr Ian Edelstein (who was based at the Human Sciences Research Council), which focused on youth resilience, deviance and development. The project was funded by the Department of Cultural Affairs and Sport in the Western Cape Provincial Government.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42477585","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}
引用次数: 0
Book Review: Andrew Faull and Sindiso Mnisi Weeks 书评:Andrew Faull和Sindiso Mnisi Weeks
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-06-29 DOI: 10.17159/2413-3108/2018/V0N64A5218
B. Dixon
Review of: Andrew Faull, Police Work and Identity: A South African Ethnography, Abingdon, Routledge, 2018 ISBN: 978-1-138-23329-4 Sindiso Mnisi Weeks, Access to Justice and Human Security: Cultural Contradictions in Rural South Africa, Abingdon, Routledge, 2018 ISBN: 978-1-138-57860-9
审查:安德鲁·福尔,警察工作和身份:南非民族志,阿宾顿,劳特利奇,2018 ISBN: 978-1-138-23329-4 Sindiso Mnisi Weeks,获得正义和人类安全:南非农村的文化矛盾,阿宾顿,劳特利奇,2018 ISBN: 978-1-138-57860-9
{"title":"Book Review: Andrew Faull and Sindiso Mnisi Weeks","authors":"B. Dixon","doi":"10.17159/2413-3108/2018/V0N64A5218","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N64A5218","url":null,"abstract":"Review of: \u0000Andrew Faull, Police Work and Identity: A South African Ethnography, Abingdon, Routledge, 2018 \u0000ISBN: 978-1-138-23329-4 \u0000Sindiso Mnisi Weeks, Access to Justice and Human Security: Cultural Contradictions in Rural South Africa, Abingdon, Routledge, 2018 \u0000ISBN: 978-1-138-57860-9","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44560958","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}
引用次数: 0
期刊
South African Crime Quarterly-SACQ
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1