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Crime in the context of COVID-19: The case of Saldanha Bay Municipality South African Crime Quarterly Pub Date : 2022-01-01 Ivan Henrico,Nkosana Mayoyo,Babalwa Mtshawu
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Reversing the ‘syndrome of secrecy’: Peremptory reporting obligations in cases of child abuse and neglect South African Crime Quarterly Pub Date : 2021-05-22 Mildred 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
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On the record - Interview with Shaun Shelly, Researcher at the University of Pretoria and the Policy, Advocacy and Human Rights lead at TB HIV Care, South Africa South African Crime Quarterly Pub Date : 2021-01-18 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
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Red flags Disciplinary practices and 'school-to-prison' pathways in South Africa South African Crime Quarterly Pub Date : 2021-01-01 Nurina Ally,Robyn Beere,Kelley Moult
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
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Hate crime based on disability in South Africa. Lessons for law reform South African Crime Quarterly Pub Date : 2021-01-01 Willene Holness
ABSTRACT 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
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Reversing the 'syndrome of secrecy': Peremptory reporting obligations in cases of child abuse and neglect South African Crime Quarterly Pub Date : 2021-01-01 Mildred Bekink
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
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Poaching of marine living resources: Can the tide be turned? South African Crime Quarterly Pub Date : 2020-12-24 Hendrik Van As
Certain marine living resources of South Africa are under severe threat from international organised crime syndicates in conjunction with local fishers. These criminal activities erode respect for the rule of law and lead to socio-economic degradation and the proliferation of gangsterism. The current government approach as custodians of the resources is to maximise the return from confiscations. SAPS
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Justice denied? Prosecutors and presiding officers' reliance on evidence of previous sexual history in South African rape trials South African Crime Quarterly Pub Date : 2020-12-24 Sheena Swemmer
This article presents data from a study conducted by the Medical Research Council of South Africa, focusing on rape attrition in South Africa at different stages in the processes (from reporting at a police station to potential conviction). The study found that of the 3 952 reported cases of rape analysed 65% were referred to prosecution, and trials commenced in 18,5% of cases. Of the total 3 952 cases
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Admission of guilt fines: a legal shortcut or delayed shock? South African Crime Quarterly Pub Date : 2020-12-22 Hendrik Van As,Deon Erasmus
A popular perception shared by peace officers and the public alike is that the payment of an admission of guilt fine finalises the judicial process and no criminal record will result. However, paying an admission of guilt fine in terms of section 56 of the Criminal Procedure Act means that the person is deemed to have been convicted and sentenced in a court of law. People who pay admission of guilt
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The criminalisation of gang activity in South Africa: reassessing the rationale South African Crime Quarterly Pub Date : 2020-12-22 Delano Van der Linde
Criminal gang activity presents a substantial threat to the safety and security of, in particular, the inhabitants of the Cape Flats in Cape Town. The State has intervened legislatively through the form of the Prevention of Organised Crime Act 121 of 1998. This is somewhat of a ‘super-criminalisation’ given that similar common law and statutory measures already existed prior to the promulgation of
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The crisis of criminal justice in South Africa South African Crime Quarterly Pub Date : 2020-11-23 Edwin Cameron
This article builds on two lectures (delivered in 2017 and 2019 at the University of the Western Cape and the University of Cape Town respectively) that addressed a a controversial and often overlooked crisis in the criminal justice system – the minimum sentencing regime. The paper argues that minimum sentences are no response at all to curbing crime in South Africa and to making our people safe.
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On the record - An obituary for Professor Mike Brogden, sociologist, social historian, policing scholar, troublemaker of sorts South African Crime Quarterly Pub Date : 2020-10-01 Elrena 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.
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Reformulating dolus eventualis: Guidance from America and Germany South African Crime Quarterly Pub Date : 2020-09-28 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
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Equitable allocation of police human resources. Social Justice Coalition and Others v Minister of Police and Others South African Crime Quarterly Pub Date : 2020-01-01 Sipho Mzakwe
At the end of 2018, the Western Cape High Court handed down a ground-breaking judgment in the case of Social Justice Coalition and Others v Minister of Police and Others. The court held that the distribution of police personnel in the Western Cape unfairly discriminated against black and poor people on the basis of race and poverty. As the first case in South Africa recognising poverty as a discrete
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Admission of guilt fine: A legal shortcut with delayed shock? South African Crime Quarterly Pub Date : 2020-01-01 Hennie van As,Deon Erasmus
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Justice Denied? Prosecutors and presiding officers' reliance on evidence of previous sexual history in South African rape trials South African Crime Quarterly Pub Date : 2020-01-01 Sheena Swemmer
This article presents data from a study conducted by the Medical Research Council of South Africa, focusing on rape attrition in South Africa at different stages in the processes (from reporting at a police station to potential conviction). The study found that of the 3 952 reported cases of rape analysed 65% were referred to prosecution, and trials commenced in 18,5% of cases. Of the total 3 952 cases
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On the record - Obituary for Professor Mike Brogden - sociologist, social historian, policing scholar, troublemaker of sorts South African Crime Quarterly Pub Date : 2020-01-01 Elrena van der Spuy
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Comment and analysis - The crisis of criminal justice in South Africa South African Crime Quarterly Pub Date : 2020-01-01 Edwin Cameron
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The omission of the opt-out clause. The revised (and improved?) Traditional Courts Bill 2017 South African Crime Quarterly Pub Date : 2020-01-01 Fatima Osman
The Traditional Courts Bill B1B-2017 omits the opt-out clause and the notion that engagement with traditional courts is on a voluntary and consensual basis – a long-standing sticky point with traditional leaders. Under the Bill, individuals are bound to attend a traditional court when summoned and cannot opt-out of the system, which conflicts starkly with the notion of customary law as a voluntary
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Poaching of marine living resources: Can the tide be turned? South African Crime Quarterly Pub Date : 2020-01-01 Hendrik van As
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Deaths due to police action and deaths in custody - A persistent problem in Pretoria, South Africa South African Crime Quarterly Pub Date : 2020-01-01 Shimon Barit,Lorraine du Toit-Prinsloo,Gert Saayman
In 2013, South Africa had the second highest rate of imprisonment in Africa. During the apartheid era, a substantial number of deaths in custody involved political detainees. However, two decades after the abolition of apartheid there continues to be a high number of deaths in custody and deaths due to police action. There is no internationally standardised classification for deaths which take place
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Reformulating dolus eventualis - Guidance from USA and Germany South African Crime Quarterly Pub Date : 2020-01-01 Kirstin Hagglund,Franaaz Khan
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The criminalisation of gang activity in South Africa: Re-assessing the rationale South African Crime Quarterly Pub Date : 2020-01-01 Delano van der Linde
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Editorial: The state of the nation's crime South African Crime Quarterly Pub Date : 2019-06-30 Kelley Moult
Editorial June 2019.
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Towards transforming a system: re-thinking incarceration for youth (and beyond) South African Crime Quarterly Pub Date : 2019-06-30 Lisa Marqua-Harries, Grant Stewart, Venessa Padayachee
Rethinking crime and punishment, especially with regard to youth, is a priority for South Africa; a country with high crime rates, recidivism and an overburdened criminal justice system. The present punitive and retributive system often only exacerbates many underlying causes of crime and violence, especially in young people. The failure of the present system suggests that the time is right for a paradigm
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‘You go to campus with fear and come back with fear’: university students’ experiences of crime South African Crime Quarterly Pub Date : 2019-06-30 Eleanor Ross, Shahana Rasool
In view of reports in the media on the spate of crimes plaguing South African universities, a qualitative study was conducted regarding the experience of crime by students from one urban-based university. The research formed part of a group project in which fourth-year social work students each conducted five interviews with students who were not their friends. Consistent with routine activity theory
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On the Record: Sally Gandar and Popo Mfubu South African Crime Quarterly Pub Date : 2019-06-30 Kelley Moult
On 19 June 2019, one day before World Refugee Day, the Western Cape High Court handed down judgment in a case brought by the University of Cape Town’s Refugee Rights Unit on behalf of the Scalabrini Centre of Cape Town, which sought to improve the lives of thousands of asylum-seeking families across South Africa. The order, which was made after successful negotiations with the Department of Home Affairs
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Decolonizing Incarcerated Women’s Identities through the lens of Prison Abolitionism South African Crime Quarterly Pub Date : 2019-06-30 Nontyatyambo Pearl Dastile, Biko Agozino
Criminological discourses among people of African descent globally continue to suffer from a crisis of application of Western explanatory frameworks with gross implications on the development of African centered epistemologies and frameworks. One of the central arguments in this paper is that criminological discourses, specifically on class-specific, racialized-gendered identities of incarcerated women
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Promises (and lies)? Elections, commissions of inquiry and the state of criminal justice in 2019. South African Crime Quarterly Pub Date : 2019-05-15 Kelley Moult
Editorial March 2019
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Extradition in the absence of state agreements: Provisions in international treaties on extradition South African Crime Quarterly Pub Date : 2019-05-15 Untalimile Crystal Nyathi Mokoena, Emma Charlene Lubaale
By virtue of state sovereignty, states exercise authority over all persons and things within their territories. This includes individuals suspected of committing or charged with crimes in foreign states. International law generally imposes no obligation to surrender individuals suspected of or charged with committing crimes in foreign states. Fugitives may only be returned when an agreement exists
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Drugged driving in South Africa: An urgent need for review and reform South African Crime Quarterly Pub Date : 2019-05-15 Jade Liebenberg, Lorraine Du Toit-Prinsloo, Gert Saayman, Vanessa Steenkamp
Driving under the influence is a major threat to road safety in South Africa. Various psychoactive substances (both licit and illicit) have the potential to adversely affect driving performance and increase the probability of a road traffic accident. While it is common practice in South Africa to test drivers for alcohol levels, testing for additional impairing substances (including drugs of abuse)
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Marie Rosenkrantz Lindegaard South African Crime Quarterly Pub Date : 2019-05-15 Irvin Kinnes
Marie Rosenkrantz Lindegaard, Surviving gangs, violence and racism in Cape Town: Ghetto Chameleons, Abingdon: Routledge Advances in Ethnography, 2017 ISBN: 978-0-415-81891-9 (hbk) ISBN: 978-0-203-57895-7 (ebk)
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Democracy and its discontents: Protest from a police perspective South African Crime Quarterly Pub Date : 2019-05-15 Heidi Brooks
In South Africa, media and scholarly research has increasingly drawn into question the correctness of police responses to post-1994 popular protest. Assessments of democratic policing, moreover, emphasise the critical role of the police in democratic development. Existing accounts of protest, however, seldom draw upon the assessments of individual police members. In an attempt to understand the challenges
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Editorial: Decolonising the South African Prison South African Crime Quarterly Pub Date : 2019-04-18 Nontsasa Nako
Editorial for December 2018 Special Edition on Decolonising Prisons.
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The Lindela Repatriation Centre, 1996–2014: Applying theory to the practice of human rights violations South African Crime Quarterly Pub Date : 2019-04-18 Anthony Kaziboni
This article is based on media content analysis of more than 230 newspaper articles written on the Lindela Repatriation Centre from its establishment in 1996 to 2014. This centre is South Africa’s only holding facility for undocumented migrants1 awaiting repatriation, and the data revealed that it is a hub of human rights violations. The article juxtaposes the South African Bill of Rights, which supposedly
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Rationalizing injustice: The reinforcement of legal hegemony in South Africa South African Crime Quarterly Pub Date : 2019-04-18 Thato Masiangoako
The legal system in South Africa holds a legitimate and authoritative position in the country’s constitutional democracy and political order, despite the commonplace experiences of injustice that take place at the hands of the criminal justice system. This article looks at how the legal consciousness of community activists, student activists and migrants is shaped by experiences of arrest and detention
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On the record with Judge Jody Kollapen South African Crime Quarterly Pub Date : 2019-04-18 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
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Possibly unconstitutional? The insistence on verification of addresses in bail hearings South African Crime Quarterly Pub Date : 2019-04-18 Palesa Rose Madi, Lubabalo Mabhenxa
Arrestees have the right to apply for bail and to be released pending their trial, where circumstances require it. There is a practice of requiring people to verify their addresses prior to bail being granted, and this is implemented in various ways by different magistrates’ courts; from a magistrate refusing to hear a bail application until there is a verified address, to a magistrate hearing the
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Decolonising prisons in South Africa: The need for effective bail affordability inquiries South African Crime Quarterly Pub Date : 2019-04-18 Untalimile Crystal Amenda Mokoena, Emma Charlene Lubaale
Prisons have been a major player in all countries with a history of tyrannical regimes, as people who attempted to resist repression frequently found themselves detained in prisons. Many countries have adopted democratic government, underscored by equality of all people before the law. Many states – South Africa among them – continue to make reforms to address these past injustices, and, as part of
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Annelise Burgess: Heist! South Africa's Cash in Transit epidemic uncovered. South African Crime Quarterly Pub Date : 2018-09-30 Elrena Van der Spuy
no abstract for it is a book review
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Editorial: Hard questions, big challenges South African Crime Quarterly Pub Date : 2018-09-30 Kelley Moult,Diane Jefthas
Editorial September 2018
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A missing link in the Traditional Courts Bill 2017: Evidence obtained through human rights violations South African Crime Quarterly Pub Date : 2018-09-30 Robert Doya 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
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In no certain terms: the court’s inconsistent approach to the role of sexual grooming when sentencing cases of the rape of children under 16. South African Crime Quarterly Pub Date : 2018-09-30 Nicole Van Zyl
This article considers whether evidence of sexual grooming influences decisions by South African courts when passing sentence on offenders who have been found guilty of sexual assault or rape of children. By analysing judicial decisions, the article considers three themes – the lack of violence, the apparent consent of a child under 12, and the appropriateness of correctional supervision. The article
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On the Record: Nicolette Naylor & Sibongile Ndashe South African Crime Quarterly Pub Date : 2018-09-30 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
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Shot while surrendering: Strikers describe Marikana Scene 2 South African Crime Quarterly Pub Date : 2018-09-30 David 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
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Is crime getting increasingly violent? An assessment of the role of bank associated robbery in South Africa South African Crime Quarterly Pub Date : 2018-09-30 Mahlongonolo Thobane, Johan 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
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The third time a charm? Traditional Courts Bill 2017 South African Crime Quarterly Pub Date : 2018-06-29 Fatima 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
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Editorial: Governance and justice - Southern edition South African Crime Quarterly Pub Date : 2018-06-29 Kelley Moult
Editorial for June 2018.
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Unpacking Discontent: Where and why protest happens in South Africa South African Crime Quarterly Pub Date : 2018-06-29 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
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Ncedo Ntsasa Mngqibisa and Guy Lamb South African Crime Quarterly Pub Date : 2018-06-29 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
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Policing for impact: Is South Africa ready for Evidence-Based Policing? South African Crime Quarterly Pub Date : 2018-06-29 Gareth Newham, Brian Rappert
The prospect that research can improve the impact of policing operations and internal organisational efficiencies has been a source of promise and frustration for decades. Â It may seem obvious to many that research should be able to assist with better policing strategies and tactics by providing evidence as to what does or does not work. Realizing this potential, however, it is not straightforward
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Book Review: Andrew Faull and Sindiso Mnisi Weeks South African Crime Quarterly Pub Date : 2018-06-29 Bill (William) 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
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Modest beginnings, high hopes: The Western Cape Police Ombudsman South African Crime Quarterly Pub Date : 2018-06-29 Lukas Muntingh
In 2013 the Western Cape legislature passed the Western Cape Community Safety Act (WCCSA) to improve monitoring of and oversight over the police. One creation of the WCCSA is the Western Cape Police Ombudsman, which became operational in 2015. This article reviews its history and context, as well as results from its first year. The Police Ombudsman, the only one in the country, must be seen as one
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Nick Simpson and Vivienne Mentor-Lalu South African Crime Quarterly Pub Date : 2018-03-30 Nolundi Luwaya, Kelley Moult, Diane Jefthas, Vitima Jere
Few Capetonians would argue against the claim that the City has been rocked by the current water crisis that many have dubbed the most severe in modern history. Discussions about water saving techniques, membership of the ‘Water Warriors’ club, dinner party comparisons of family daily usage figures, discussion of toilet habits (to flush or not to flush?) and frenzied buying to secure 25-litre water
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Learning from contemporary examples in Africa: Referral mechanisms for restorative justice in Tanzania South African Crime Quarterly Pub Date : 2018-03-30 Ntemi Nimilwa Kilekamajenga
Tanzania is one of the jurisdictions in Africa that follow an adversarial criminal justice system. Despite a number of problems associated with the fact that the criminal justice system overutilises imprisonment, there is still a lack of diversionary measures to complement the system. This article investigates restorative justice as a complementary system to the Tanzanian criminal justice system, arguing
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Mass killings and calculated measures: The impact of police massacres on police reform in South Africa South African Crime Quarterly Pub Date : 2018-03-30 Guy Lamb
Over the past two centuries, the police have perpetrated massacres in response to protest action in numerous countries. Available scholarly literature has typically focused on the circumstances that contributed to such mass killings, but rarely has there been consideration of the impact that such massacres subsequently may have had on the police organisation. Hence, this article will explore the relationship
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Testing the judiciary's appetite to reimagine protest law: A case note on the SJC10 case South African Crime Quarterly Pub Date : 2018-03-30 Jameelah Omar
Judgment in the long-awaited SJC10 case was handed down on 24 January 2018. This case marks a victory for the collective bane on civil society – that of the criminalisation of a convener of a protest for the failure to provide notice. It goes a long way to opening the space for more serious engagement on the legitimacy of the Regulation of Gatherings Act 1993 and its possible reformulation to give
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Frequency and turmoil: South Africa's community protests 2005-2017 South African Crime Quarterly Pub Date : 2018-03-30 Peter Alexander, Carin Runciman, Trevor Ngwane, Boikanyo Moloto, Kgothatso Mokgele, Nicole Van Staden
This article reports on the frequency and turmoil of South Africa’s community protests from 2005 to 2017, which, taken together, have been called a ‘rebellion’. It defines ‘community protest’ as protests in which collective demands are raised by a geographically defined and identified ‘community’ that frames its demands in support/and or defence of that community. It distinguishes between ‘violence’
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Protest protections, protest problems? Reflections from across the spectrum South African Crime Quarterly Pub Date : 2018-01-25 Kelley Moult
This issue of South African Crime Quarterly is a special issue focusing on protest. It is guest edited by Kelley Moult of the Centre for Law and Society at the University of Cape Town.