Pub Date : 2017-12-13DOI: 10.17159/2413-3108/2017/V0N62A3109
Nurina Ally
Despite the historical and ongoing importance of protest as a vehicle for children to express themselves, current laws fail to protect and enable children’s participation in protest. More than two decades after the formal end of apartheid, a child may be subject to criminal processes for convening a peaceful, unarmed protest. This article highlights the importance of the right to protest for children and the obligation on the state to respect, protect and fulfil the right to protest, specifically taking into account children’s interests. Through a description of the Mlungwana & Others vs The State and Others case, the article highlights the manner in which the criminalisation of peaceful protest by the Regulation of Gatherings Act fails to take into account the best interests of children and violates the right to protest.
{"title":"Failing to respect and fulfill: South African law and the right to protest for children","authors":"Nurina Ally","doi":"10.17159/2413-3108/2017/V0N62A3109","DOIUrl":"https://doi.org/10.17159/2413-3108/2017/V0N62A3109","url":null,"abstract":"Despite the historical and ongoing importance of protest as a vehicle for children to express themselves, current laws fail to protect and enable children’s participation in protest. More than two decades after the formal end of apartheid, a child may be subject to criminal processes for convening a peaceful, unarmed protest. This article highlights the importance of the right to protest for children and the obligation on the state to respect, protect and fulfil the right to protest, specifically taking into account children’s interests. Through a description of the Mlungwana & Others vs The State and Others case, the article highlights the manner in which the criminalisation of peaceful protest by the Regulation of Gatherings Act fails to take into account the best interests of children and violates the right to protest.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2017-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41864269","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 : 2017-09-29DOI: 10.17159/2413-3108/2018/V0N61A2046
Trevor Budhram, Nic D. Geldenhuys
The South African Police Service (SAPS) is finding it increasingly difficult to protect victims from the scourge of commercial crime which threatens the economy, corrodes scarce and valuable resources, and inhibits growth and development. Official statistics from the SAPS show that the annual detection rate in respect of reported fraud cases was 35.77% in 2014/15 and 34.08% in 2015/16. Although the detection rate for serious commercial crime for 2014/15 is reported as 94.8% and 96.75% for 2015/16, it is likely that these figures are inaccurate and in reality are much lower. This article provides an overview of the incidence of commercial crime, assesses the detection rate reported by the SAPS and seeks to determine whether they are losing the fight against these crimes.
{"title":"A losing battle? Assessing the detection rate of commercial crime","authors":"Trevor Budhram, Nic D. Geldenhuys","doi":"10.17159/2413-3108/2018/V0N61A2046","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N61A2046","url":null,"abstract":"The South African Police Service (SAPS) is finding it increasingly difficult to protect victims from the scourge of commercial crime which threatens the economy, corrodes scarce and valuable resources, and inhibits growth and development. Official statistics from the SAPS show that the annual detection rate in respect of reported fraud cases was 35.77% in 2014/15 and 34.08% in 2015/16. Although the detection rate for serious commercial crime for 2014/15 is reported as 94.8% and 96.75% for 2015/16, it is likely that these figures are inaccurate and in reality are much lower. This article provides an overview of the incidence of commercial crime, assesses the detection rate reported by the SAPS and seeks to determine whether they are losing the fight against these crimes.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2017-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48266699","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 : 2017-09-29DOI: 10.17159/2413-3108/2018/V0N61A2006
Olaotse John Kole
There is a need for different stakeholders to work together to help the police combat crime in Gauteng, South Africa. Private security officers are usually well positioned to help combat crime because they can witness crime in areas where they are posted or are patrolling as response officers. Private security officers protect organisations (public and private) or individuals who are their paying clients. But they can only perform their duty as ordinary citizens, not as the police would. In looking at how these officers can be more effective, this article establishes to what extent private security officers need additional legal powers, and what powers would be suitable for them in helping the police combat crime. Mixed methods were used in this study of 20 police stations and 20 private security companies in Gauteng. From top management levels in the South African Police Service (SAPS), 37 high-ranking police officers participated in the study and 30 high-ranking security officers from top management level of the private security industry (PSI). At the operational levels, 173 SAPS officers completed the questionnaires and 163 PSI officers. The findings show that the majority of respondents see no need for private security officers to be given additional powers to help the police combat crime. However, the few respondents who supported the idea think that the power to arrest, and stop and search the public, should be given to private security personnel. At the operational level, all respondents agreed that private security officers should be given additional legal powers to help the police combat crime. :
{"title":"Exploring questions of power: Peace officers and private security","authors":"Olaotse John Kole","doi":"10.17159/2413-3108/2018/V0N61A2006","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N61A2006","url":null,"abstract":"There is a need for different stakeholders to work together to help the police combat crime in Gauteng, South Africa. Private security officers are usually well positioned to help combat crime because they can witness crime in areas where they are posted or are patrolling as response officers. Private security officers protect organisations (public and private) or individuals who are their paying clients. But they can only perform their duty as ordinary citizens, not as the police would. In looking at how these officers can be more effective, this article establishes to what extent private security officers need additional legal powers, and what powers would be suitable for them in helping the police combat crime. Mixed methods were used in this study of 20 police stations and 20 private security companies in Gauteng. From top management levels in the South African Police Service (SAPS), 37 high-ranking police officers participated in the study and 30 high-ranking security officers from top management level of the private security industry (PSI). At the operational levels, 173 SAPS officers completed the questionnaires and 163 PSI officers. The findings show that the majority of respondents see no need for private security officers to be given additional powers to help the police combat crime. However, the few respondents who supported the idea think that the power to arrest, and stop and search the public, should be given to private security personnel. At the operational level, all respondents agreed that private security officers should be given additional legal powers to help the police combat crime. :","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2017-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49228481","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 : 2017-09-29DOI: 10.17159/2413-3108/2018/V0N61A2605
Sean Michael Larner
Section 36 of the Correctional Services Act describes the purpose of imprisonment as “enabling the sentenced prisoner to lead a socially responsible and crime-free life in the future.” But interviews with 48 young ex-prisoners in Gugulethu revealed a stark discrepancy between rhetoric and reality. Analysis outlined obstacles to integration, both psycho-social and material in nature, which community-level organizations were unable to fix on their own. To construct viable pathways to integration, and satisfy its legislative mandate, the Department of Correctional Services (DCS) must initiate large-scale coordination with civil society organisations.
{"title":"Pathways from violence. The impact of community-based intervention on offender reintegration in Gugulethu","authors":"Sean Michael Larner","doi":"10.17159/2413-3108/2018/V0N61A2605","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N61A2605","url":null,"abstract":"Section 36 of the Correctional Services Act describes the purpose of imprisonment as “enabling the sentenced prisoner to lead a socially responsible and crime-free life in the future.” But interviews with 48 young ex-prisoners in Gugulethu revealed a stark discrepancy between rhetoric and reality. Analysis outlined obstacles to integration, both psycho-social and material in nature, which community-level organizations were unable to fix on their own. To construct viable pathways to integration, and satisfy its legislative mandate, the Department of Correctional Services (DCS) must initiate large-scale coordination with civil society organisations.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":"61 1","pages":"41-55"},"PeriodicalIF":0.5,"publicationDate":"2017-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41812459","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 : 2017-09-29DOI: 10.17159/2413-3108/2018/V0N61A2814
Emma Charlene Lubaale
South African courts, in at least two reported cases, have dealt with restorative justice (RJ) in sentencing offenders (i.e. State v. Thabethe (Thabethe case); State v. Seedat (Seedat case)). In both of these cases, the Supreme Court of Appeal rejected the notion of RJ in its entirety, with the presiding judges ‘[cautioning] seriously against the use of restorative justice as a sentence for serious offences.’ However, in countries such as New Zealand, courts have handed down custodial sentences in cases of serious offences while giving due regard to RJ at the same time. The purpose of this article is to highlight some of the strategies that New Zealand courts have invoked to ensure that a balance is struck between retributive justice and RJ. On the basis of this analysis, a conclusion is drawn that RJ can play a role in criminal matters by having it reflect through reduced sentences. With such a strategy, courts can strike a balance between the clear and powerful need for a denunciating sentence on the one hand and RJ on the other.
{"title":"Concessions on custodial sentences: Learning from the New Zealand approach to restorative justice","authors":"Emma Charlene Lubaale","doi":"10.17159/2413-3108/2018/V0N61A2814","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N61A2814","url":null,"abstract":"South African courts, in at least two reported cases, have dealt with restorative justice (RJ) in sentencing offenders (i.e. State v. Thabethe (Thabethe case); State v. Seedat (Seedat case)). In both of these cases, the Supreme Court of Appeal rejected the notion of RJ in its entirety, with the presiding judges ‘[cautioning] seriously against the use of restorative justice as a sentence for serious offences.’ However, in countries such as New Zealand, courts have handed down custodial sentences in cases of serious offences while giving due regard to RJ at the same time. The purpose of this article is to highlight some of the strategies that New Zealand courts have invoked to ensure that a balance is struck between retributive justice and RJ. On the basis of this analysis, a conclusion is drawn that RJ can play a role in criminal matters by having it reflect through reduced sentences. With such a strategy, courts can strike a balance between the clear and powerful need for a denunciating sentence on the one hand and RJ on the other.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2017-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48296315","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 : 2017-09-29DOI: 10.17159/2413-3108/2018/V0N61A3065
Andrew Faull
It is fitting that the first article in this issue of South African Crime Quarterly (SACQ) speaks to the South African Police Service’s tackling of commercial crime. It is increasingly clear that corporate–political collusion poses a serious threat to South Africa’s democratic gains. In recent months journalists have started to pick through a trove of emails released in June, known as the #GuptaLeaks. In the process they have connected the dots between tens of thousands of exchanges among the notorious Gupta business family, management of parastatals, governmentministers and allies of President Jacob Zuma, including his son Duduzane. The emails paint a terrifying picture of state capture and abuse.
{"title":"Who can stop the rot?","authors":"Andrew Faull","doi":"10.17159/2413-3108/2018/V0N61A3065","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N61A3065","url":null,"abstract":"It is fitting that the first article in this issue of South African Crime Quarterly (SACQ) speaks to the South African Police Service’s tackling of commercial crime. It is increasingly clear that corporate–political collusion poses a serious threat to South Africa’s democratic gains. In recent months journalists have started to pick through a trove of emails released in June, known as the #GuptaLeaks. In the process they have connected the dots between tens of thousands of exchanges among the notorious Gupta business family, management of parastatals, governmentministers and allies of President Jacob Zuma, including his son Duduzane. The emails paint a terrifying picture of state capture and abuse.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2017-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45401742","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 : 2017-09-29DOI: 10.17159/2413-3108/2018/V0N61A1726
M. Mkhize
Despite being recognised as a significant contributor in the South African economy, the mining industry is riddled with illegal mining activities. Though it remains difficult to precisely measure the extent of the activities in financial terms, it is estimated that more than R72 Billion have been lost. Lack of research on illegal mining partly compounds the problem. In view of this knowledge-gap, this article argues that whilst there is a multiplicity of stakeholders who deal directly with unlawful activities, poor integration of capacities at different levels remain discernible. The article assesses available literature and employs two theoretical perspectives as lenses through which to view the underlying reasons and the measures that can be put in place to quell illegal mining. The article concludes that an integrated model needs to be put in place in order to quell illegal mining in South Africa. The article recommends that the resources need to be pulled together and collaborative efforts need to be enhanced at all levels.
{"title":"New interventions and sustainable solutions: Reappraising illegal artisanal mining in South Africa","authors":"M. Mkhize","doi":"10.17159/2413-3108/2018/V0N61A1726","DOIUrl":"https://doi.org/10.17159/2413-3108/2018/V0N61A1726","url":null,"abstract":"Despite being recognised as a significant contributor in the South African economy, the mining industry is riddled with illegal mining activities. Though it remains difficult to precisely measure the extent of the activities in financial terms, it is estimated that more than R72 Billion have been lost. Lack of research on illegal mining partly compounds the problem. In view of this knowledge-gap, this article argues that whilst there is a multiplicity of stakeholders who deal directly with unlawful activities, poor integration of capacities at different levels remain discernible. The article assesses available literature and employs two theoretical perspectives as lenses through which to view the underlying reasons and the measures that can be put in place to quell illegal mining. The article concludes that an integrated model needs to be put in place in order to quell illegal mining in South Africa. The article recommends that the resources need to be pulled together and collaborative efforts need to be enhanced at all levels.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2017-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43185106","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 : 2017-06-23DOI: 10.17159/2413-3108/2017/V0N60A1724
Olga Biegus, Christian Bueger
This article aims at identifying how the global response to poaching can be improved and what role South Africa might play in it. To do so, we examine the emerging global wildlife crime regime and the challenges it faces. To offer an understanding of how governance could be improved, we ask how the success in curbing another transnational crime can serve as an example of international coordination. Through a comparison, we aim at identifying core dimensions by which the coordination of counter-poaching can be improved. Our conclusion stresses the importance of a more focussed, inclusive and experimental account. We end in outlining a number of core issues that South Africa should start to consider in its policies towards wildlife crime.
{"title":"Poachers, Pirates and Wildlife Crime: Improving coordination of the global response","authors":"Olga Biegus, Christian Bueger","doi":"10.17159/2413-3108/2017/V0N60A1724","DOIUrl":"https://doi.org/10.17159/2413-3108/2017/V0N60A1724","url":null,"abstract":"This article aims at identifying how the global response to poaching can be improved and what role South Africa might play in it. To do so, we examine the emerging global wildlife crime regime and the challenges it faces. To offer an understanding of how governance could be improved, we ask how the success in curbing another transnational crime can serve as an example of international coordination. Through a comparison, we aim at identifying core dimensions by which the coordination of counter-poaching can be improved. Our conclusion stresses the importance of a more focussed, inclusive and experimental account. We end in outlining a number of core issues that South Africa should start to consider in its policies towards wildlife crime.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2017-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41549952","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 : 2017-06-23DOI: 10.17159/2413-3108/2017/V0N60A1732
Francis Massé, A. Gardiner, R. Lubilo, Martha Ntlhaele Themba
In acknowledgement that the largely (para)militarized approach to anti-poaching has its limitations, alternative approaches to conservation law enforcement are being sought. One alternative focuses on including people from local communities in anti-poaching, what we call inclusive anti-poaching. Using a case study of a community scout programme from southern Mozambique, located adjacent South Africa’s Kruger National Park, we examine the potential of a community scout initiative to move towards a more inclusive and sustainable approach to anti-poaching and conservation. While highlighting its challenges and potential drawbacks, we argue that including local people into conservation law enforcement efforts can help address poaching and problematic aspects of current anti-poaching measures. However, to be a genuine and sustainable alternative, community ranger programmes must be part of a broader shift towards developing local wildlife economies that benefits local communities as opposed to supporting pre-existing anti-poaching interventions.
{"title":"Inclusive Anti-poaching? Exploring the Potential and Challenges of Community-based Anti-Poaching","authors":"Francis Massé, A. Gardiner, R. Lubilo, Martha Ntlhaele Themba","doi":"10.17159/2413-3108/2017/V0N60A1732","DOIUrl":"https://doi.org/10.17159/2413-3108/2017/V0N60A1732","url":null,"abstract":"In acknowledgement that the largely (para)militarized approach to anti-poaching has its limitations, alternative approaches to conservation law enforcement are being sought. One alternative focuses on including people from local communities in anti-poaching, what we call inclusive anti-poaching. Using a case study of a community scout programme from southern Mozambique, located adjacent South Africa’s Kruger National Park, we examine the potential of a community scout initiative to move towards a more inclusive and sustainable approach to anti-poaching and conservation. While highlighting its challenges and potential drawbacks, we argue that including local people into conservation law enforcement efforts can help address poaching and problematic aspects of current anti-poaching measures. However, to be a genuine and sustainable alternative, community ranger programmes must be part of a broader shift towards developing local wildlife economies that benefits local communities as opposed to supporting pre-existing anti-poaching interventions.","PeriodicalId":54100,"journal":{"name":"South African Crime Quarterly-SACQ","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2017-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.17159/2413-3108/2017/V0N60A1732","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42723946","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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