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- Volume 2014, Issue sed-1, 2014
Acta Criminologica: Southern African Journal of Criminology - Special Edition 1, January 2014
Volumes & issues
Special Edition 1, January 2014
Author Henri FoucheSource: Acta Criminologica: Southern African Journal of Criminology 2014, pp I –IV (2014)More Less
Maritime piracy began to present a serious challenge off the east coast of Africa in 2005 when ships carrying food aid to Somalia were attacked by Somali pirates. These attacks prompted the International Maritime Organisation (IMO) to call on states, operating warships and aircraft in the vicinity, to assist with preventing these attacks (International Maritime Organisation (IMO), 2005 & 2007).1 The number of attacks on ships off Somalia, however, continued to rise vertiginously, contributing to Africa becoming the new hot spot for piracy in 2007, with the number of attacks against ships off Africa, recorded by the International Chamber of Commerce and International Maritime Bureau (ICC-IMB), for the first time exceeding the number of attacks recorded in Southeast Asia (International Chamber of Commerce and International Maritime Bureau (ICC-IMB), 2007 & 2013). Contributing to this record number of attacks off Africa in 2007 were, apart from 31 attacks off Somalia and 13 attacks in the Gulf of Aden, 42 attacks recorded against ships off Nigeria (ICC-IMB, 2007 & 2013). This state of affairs continued until the end of 2012 when the attacks against ships by Somali pirates off the east coast were brought under control and began to abate due to patrols by coalition navies as well as the navies of individual states, increased military action on suspected craft used by pirates, military land based operations against pirates, the use of best management practices by ship operators and the use of armed guards on board ships (International Chamber of Commerce and International Maritime Bureau (ICC-IMB), 2013:22). Once again the hot spot for piracy moved back to South East Asia. Attacks off the west coast of Africa, however, continue unabated and are causes for serious concern for states in the region as well as for Southern Africa. In 2011, due to Somali pirates attacking a vessel as far south as the Mozambique Channel, it became necessary to deploy units of the South African Navy, for the first time, on a continuous basis, in the Mozambique Channel, to prevent further attacks. On 13 December 2011 three East Africa member countries of the Southern African Development Community (SADC), Mozambique, South Africa and Tanzania signed a Memorandum of Understanding between the three governments on maritime security co-operation. The MOU gives the forces of the participating countries the right to patrol, search, and arrest, seize and undertake hot pursuit operations on any maritime crime suspect or piracy (Mashamaite, 2012).
Comparative issues of piracy and terrorism on the west and east coasts of Africa with a focus on Nigeria and SomaliaSource: Acta Criminologica: Southern African Journal of Criminology 2014, pp 1 –16 (2014)More Less
Piracy is an ancient phenomenon. The last decade was dominated by piracy around the Strait of Malacca, increasingly so by Somalian pirates. International co-operation has succeeded in bringing the situation under control, through mainly naval operations, security on board vessels and some land-based initiatives to rehabilitate pirates and to strengthen Somalia's government. While this was happening, piracy and maritime crimes as well as other forms of criminal activity have increased in the Gulf of Guinea. The focus of these activities is based around Nigerian territorial waters and the situation is further aggravated by other maritime crimes such as illegal fishing as well as land-based crime and terrorism. The presence of al-Shabaab in Somalia and the Movement for the Emancipation of the Niger Delta (MEND) and Boko Haram in Nigeria are creating particularistic dynamics that affect the battle against piracy, maritime crimes and other forms of crime in the Gulf of Guinea. This article looks at the two regions with specific reference to Somalia and Nigeria to draw comparisons and differences between the two regions. The dynamics of different world philosophies, as manifested in the lives of different groups in the region as well as the inherent governmental problems contributing to piracy have been addressed. Finally, some recommendations were made.
Source: Acta Criminologica: Southern African Journal of Criminology 2014, pp 1 –15 (2014)More Less
In South Africa, the Department of Correctional Services (DCS) presents a platform for criminological research, practice and expertise. Working with offenders offer criminologists an opportunity to link theory with practice, test and explore theoretical frameworks, and gain practical experience in working with, understanding and explaining criminal behaviour. In South Africa, criminological expertise has been offered to DCS since the middle 1990s. These criminological contributions assist DCS with overburdened case loads and the criminological involvement contributes to vital multidisciplinary inputs regarding offending behaviour and the rehabilitation of offenders. Correctional Criminology entails various forms of expert assistance to DCS regarding offenders and offending behaviour. One such is criminological offender assessments and profiling. Another criminological contribution concerns the rehabilitation and preparation of offenders for reintegration and the physical and emotional health of offenders (i.e. prison rape issues) in correctional facilities. This article briefly outlines international Correctional Criminology trends while alluding to unique (selected) South African criminological practices in corrections. The article further explores and describes South African criminologists specialising in Correctional Criminology.
Getting to them and through them: Practical challenges of conducting research with incarcerated offendersSource: Acta Criminologica: Southern African Journal of Criminology 2014, pp 16 –27 (2014)More Less
Although South Africa's legal system does not include any specific directives dealing with imprisoned research participants, the Department of Correctional Services (DCS) has implemented rigorous procedures aimed at ensuring inmate protection. Augmenting this institutionalised bulwark is the tacit requirement that researchers operating in this domain need to exercise added caution and philanthropy beyond that normally afforded to research with human subjects. Guidance for researchers is further provided by section 35 of the Constitution of the Republic of South Africa (Act 108 of 1996), which deals with the rights of incarcerated offenders, and can be used as a blueprint during research. This article reflects on the inexorable methodological trials and tribulations faced when conducting research in South African correctional centres. The discourse is presented as an essay rather than an encyclopaedic description of the topic. It aims not only to reveal contemporary realities and sensitise aspirant researchers about what to expect in is this environment, but also to, by evocation, provide intellectual nourishment to the academic community so as to facilitate research with such vulnerable groups.
Author Francois VreySource: Acta Criminologica: Southern African Journal of Criminology 2014, pp 17 –35 (2014)More Less
By 2013 the Gulf of Guinea emerged as the second African maritime domain to dominate international attention on maritime security and governance. Following in the wake of events off the Horn of Africa, the Gulf of Guinea displays a repertoire of maritime threats and vulnerabilities not radically different from what transpired off the East African coast in the last five years. While the maritime side of the energy assets along West Africa appears to attract much of the attention, the responses to events in the Gulf of Guinea seem to display an interesting profile as West and Central African countries play a rather prominent role to deal with maritime threats and vulnerabilities. In spite of difficulties inherent to responding to and co-operating at the regional level, several instances of regional, inter-regional and even non-traditional co-operation are unfolding off West and Central Africa. Responses to events in the Gulf of Guinea therefore show a particular African willingness, and in some cases tangible arrangements, military exercises, material acquisitions and co-operative arrangements to stem threats and vulnerabilities in the somewhat unfamiliar domain of maritime security governance.
Source: Acta Criminologica: Southern African Journal of Criminology 2014, pp 28 –39 (2014)More Less
Working within a correctional environment requires a special understanding of the core issues that drive the functioning of the Department of Correctional Services (DCS). Assistance to the DCS, whether as a professional, a non-governmental entity, or as a student, is rendered from various fields, disciplines and perspectives. These welcomed efforts enhance the DCS's service delivery and the rehabilitation of offenders. Severe scepticism exists regarding the DCS's functioning, core responsibility and integrity in terms of staff capacity, morale and values. This doubt is often reflected in the magnitude of media reports pertaining to corruption, the effectiveness of rehabilitation, smuggling of contraband commodities and safety and security of inmates and personnel. Adjacent to this is the perturbing staff shortages within the DCS. The rehabilitation of offenders and the DCS staff shortages are a linked phenomena. With this reciprocal relationship, the one affects the other. An optimistic point here is the Unisa Criminology Honours volunteer students' assistance to DCS's staff capacity that provides valuable support to the rehabilitation efforts of offenders. Student volunteers are trained to complete DCS's offender assessment instruments in order to 'assess' offenders' needs and risks. From these assessments unique sentence plans are drawn up for each offender which becomes his or her rehabilitation path while housed at the DCS. This article outlines the origin, background, focus and realities of this exclusive DCS-Unisa student volunteer project. The content of this article draws on the students' initial expectations, personal experiences and value and benefits of being involved in this experiential project.
Author Efthymios PapastavridisSource: Acta Criminologica: Southern African Journal of Criminology 2014, pp 36 –52 (2014)More Less
The article discusses the relationship between the Law of the Sea and Human Rights Law. The application of human rights law in maritime interdiction and issues concerning the interplay between human rights law and maritime interdiction operations are addressed. The article canvasses the human rights pertinent to maritime interdiction operations and how the relevant jurisprudence has addressed their application to the present context. Reference is also made in the article to the new FRONTEX Regulation.
Author Thabiso D. MatshabaSource: Acta Criminologica: Southern African Journal of Criminology 2014, pp 40 –52 (2014)More Less
Crime is an enormous problem in South Africa, and of particular concern is the fact that youth involvement in criminal activities is increasing rapidly. The number of incarcerated youth offenders is also growing with the majority serving sentences for serious crimes. Classified as special category inmates, youth are separated from adult inmates with the purpose of providing proper treatment and development programmes to them while serving their incarceration terms so that they can live a crime free life after their release. However, due to the appealing conditions of our correctional centres and lack of rehabilitation programmes, incarcerated youth are exposed to high-risk behaviours. Against this background a purposive sample of 379 male youth offenders in four youth correctional centres were interviewed to establish and explore their tendencies and motivation to be involved in risk activities within correctional centres. In an attempt to assess risk-taking behaviours amongst the youth, a descriptive study was conducted to obtain knowledge from the relevant literatures. In addition to a descriptive study, data was collected by means of structured questionnaires. This questionnaire was categorised into three risk behaviours i.e. drug usage, sexual behaviour and gang activities. The research results indicate that the usage of drugs and related activities are not popular among the inmate population, despite the fact that many previous studies found youth commit crime under the influence of drugs. Moreover, the results reveal that a significant number of inmates recognise that sexual activity is the highest form of risk behaviour inside correctional centres. Finally, the results also revealed that gang activities rate as high-risk behaviour in youth correctional centres because inmates affiliate to various gangs to protect themselves against possible violation from other inmates.
Author Patrick H.G. VranckenSource: Acta Criminologica: Southern African Journal of Criminology 2014, pp 53 –75 (2014)More Less
The author starts by stressing that the role of the African Union (AU) in combating piracy must be assessed taking into account the fundamental legal characteristics of international organisations and the fact that there are other role players and legal tools at global, regional and national levels, each with its own strengths and weaknesses. The article then continues with an analysis of the institutional framework within which the organisation operates and the contribution that each AU organ has made to combat piracy, after which the focus shifts to the broader security framework and the role of the main security instruments and structures. Thereafter, attention turns to the broader maritime framework, including the 2050 Africa Integrated Maritime Strategy. The study shows that, during the last decade, most AU institutions made contributions within their respective functions in the overall architecture of the organisation. The struggle against piracy is also a prominent feature of the AU security framework and the AU maritime framework. Ultimately, however, the limited powers of the organisation inevitably constrain its overall contribution. The nature of the latter is therefore mixed when it comes to addressing the challenges to which one is confronted when attempting to establish jurisdiction and successfully prosecute individuals accused of piracy.
Source: Acta Criminologica: Southern African Journal of Criminology 2014, pp 53 –70 (2014)More Less
Shoplifting continues to be a major source of loss in the retail industry both in South Africa and elsewhere. This article has been grouped into two distinct parts. The first part presents an overview of women's overall participation in crime, in general. The theories for female involvement in crime, a portrait of the 'typical' female offender, as well as information on the types of crimes women engage in, and the level of female involvement in crime in South Africa. This background information on female offenders serves to situate and contextualise the second part of the article, which focussed specifically on women's involvement in shoplifting is explored as well as challenges if any, raised by either the business or the police regarding the effectiveness of the South African Police Service (SAPS) as well as the business community in terms of responding to the challenges brought by the retail theft. Recommendations were also made and conclusion drawn based on the findings that were discussed.
Ritual and muthi murders: An Afro-ethno-criminological assessment of the phenomenon and development of a new typologySource: Acta Criminologica: Southern African Journal of Criminology 2014, pp 71 –83 (2014)More Less
This article is the outcome of an interdisciplinary research approach between anthropology and criminology. Support for this approach comes from a recognised expert in the field (Petrus, 2008). In the literature that has been cited in the article, researchers refer to culturally acceptable and culturally unacceptable 'ritual murder'. The study will deal in detail with both forms of 'ritual' murder. However, the article will argue that this classification, as far as culturally unacceptable 'ritual' murder is concerned, is not correct, since no rituals are involved in the perpetration of 'culturally unacceptable ritual murder' and suggests three other categories of murder where body parts are removed, namely: medium syndicated muthi murder; privately initiated muthi murder; and deferred-ritually inspired murder. Throughout this article, the focus is on Africa but special reference has been made to the Venda region in the north-eastern part of South Africa, which has become notorious for these killings. A distinction will be made between ritual and muthi murder. Although the Vha-Venda word for muthi is mushonga (meaning magic potion), the first term is used throughout South Africa and is thus also used in this article. Where authors have been quoted and the word 'ritual' has been used (according to my interpretation) incorrectly and will, accordingly, be placed in inverted commas.
Prosecution of maritime piracy cases in Kenya : testing the SUA Convention model on piracy prosecutionAuthor Paul Musili WambuaSource: Acta Criminologica: Southern African Journal of Criminology 2014, pp 76 –91 (2014)More Less
Since 2008 Kenya has distinguished itself in the global war against piracy by undertaking prosecutions in the national courts of suspected pirates, arrested on the High Seas and handed over by navies of leading maritime nations under bilateral agreements (MOUs) between Kenya and these leading maritime nations. As of June 2013 Kenya had 64 piracy suspects on remand, 74 convicted pirates, 17 acquitted and returned to Somalia and 10 completed their sentences and repatriated to Somalia. To achieve this, Kenya had to effect far reaching changes in the law. In the initial stages, suspected pirates were charged under section 69 of the Penal Code (Cap 63 Laws of Kenya). In September 2009 Kenya passed a new law (the Merchant Shipping Act 2009), which not only defined more comprehensively and extensively the offence of piracy, but also extended the jurisdiction of Kenyan courts to try piracy committed by non-nationals. Though the law gives Kenya a very broad jurisdiction to try suspected pirates, the process is still fraught with challenges, due to lack of financial and human resources. Kenya's new law domesticates the model spelt out in the Convention on the Suppression of Unlawful Acts against the Safety of Maritime Navigation (the SUA Convention) which calls on member states to criminalise, in their national legislation, the maritime offences listed in Article 3. The article discusses Kenya's new model legislation and the emergent Kenyan jurisprudence and argues that while the model faces challenges in its application by the domestic courts, it should be replicated by all state parties to the United Nations Convention on the Law of the Sea (the UNCLOS) and member states of the International Maritime Organization (IMO). The model law not only grants extra-territorial jurisdiction to national courts, but also domesticates comprehensively the relevant key provisions in the fight against piracy found in the UNCLOS, the SUA Convention, the Convention on the Safety of Life at sea (the SOLAS Convention,) the Djibouti Code of Conduct and the International Ship and Port Security Code (the ISPS Code).
Job satisfaction and morale within the South African police service public order policing unit in the Tshwane Metropolitan AreaSource: Acta Criminologica: Southern African Journal of Criminology 2014, pp 84 –100 (2014)More Less
It is argued that the extent to which police officers find satisfaction in their work is a prickly issue. On the surface, law enforcement and job satisfaction appear to be mutually exclusive. It is hard to imagine officers' deriving a sense of achievement and accomplishment from being perceived as brutal and corrupt amongst other things. This article examines the perceived satisfaction of a purposive sample of 78 police officers within the South African Police Service (SAPS) Public Order Policing Unit in the Tshwane Metropolitan Area. The findings indicated that although police officers were satisfied with their jobs, morale was low due to amongst others, lack of career progress, lack of resources as well as the stereotypes regarding the fairness and distribution of resources amongst police ranks. Recommendations were also made and conclusion drawn based on the findings that were discussed.
Author P.C. JacobsSource: Acta Criminologica: Southern African Journal of Criminology 2014, pp 92 –107 (2014)More Less
Maritime piracy presents a threat to trade and maritime activities, especially from the Somali coast, where the area in which piracy presents a threat has expanded in size to become impossible to effectively address through navy interventions only. Piracy incidents from Somalia have reduced, but pirates became more successful in terms of attacking selected targets which are more vulnerable. In general the question on what to do with a captured pirate has remained a valid one. Too often captured pirates are simply disarmed and released, instead of prosecuted. There are practical problems related to available evidence and distances involved. The number of prosecutions of pirates needs to be increased in order to be an effective deterrent. Prosecution in the region should be managed by the courts in countries with which particular memoranda of understandings have been concluded, and which have amended their legislation accordingly in order to receive pirates arrested by foreign navies. This has emerged as the preferable prosecution option. However, a very small percentage of the total current costs for combating piracy spent by the international community are allocated to capacity building and assisting countries which undertook to prosecute and imprison pirates which have been handed over. A much bigger international contribution is required towards these countries, in order to ensure an adequate capacity to prosecute and imprison captured pirates. Prosecution of pirates by arresting states, which have a direct interest to do so, must continue, but is not seen as the solution to the general lack of prosecutions. The implementation and extensive use of embarked officers or 'shipriders' placed on ships to bridge problems with evidence and jurisdiction should be promoted. The EU and the UNODC have contributed hugely to solving the problem and the present model of having a number of countries involved in the national prosecution of captured pirates is clearly the ideal solution to the problem. These efforts must, however, be strongly supported by an investment by the international community in the capacity of the countries involved, in order to avoid the impression that the international problem of piracy is dumped on the countries willing to prosecute pirates. In addressing prosecution capacity in states which have agreed to prosecute pirates, the issue of the protection of human rights also needs to be addressed.
Source: Acta Criminologica: Southern African Journal of Criminology 2014, pp 101 –113 (2014)More Less
Copper cable theft has become a national crisis, threatening essential supporting services and life preserving assets. Very little, if any scientific academic research has so far been conducted concerning the impact of copper cable theft on organisations and on the country as a whole. The purpose of this study was to gather relevant data to underpin and to identify the nature of copper cable theft in Gauteng as the economic hub of South Africa and to understand which specific risk factors inhibit the mitigation of copper cable theft. The researchers used purposive sampling in order to collect information specifically relating to copper cable theft in Gauteng and the factors that could contribute or mitigate such occurrences. The respondents selected were all non-ferrous metal mitigation specialists in Gauteng, who have had the most valid experiences pertaining to copper cable theft. A focus group interview of 28 senior security managers was also conducted in Gauteng in 2011. At this Workshop about 28 senior security management delegates, presented themselves at an open forum as experts and critical role-players in the copper cable theft environment.
Source: Acta Criminologica: Southern African Journal of Criminology 2014, pp 108 –120 (2014)More Less
This article examines the scope of maritime piracy in the world, specifically in the African region. It analyses trends and focuses on the role that the International Criminal Police Organisation (INTERPOL) has played in the policing of maritime piracy. The article discusses maritime piracy as an organised crime enterprise and a serious problem that affects global security as well as the economy. The article also points out that INTERPOL, as the largest international law-enforcement agency, has an important role to play in the policing of maritime piracy.
Expert reflections on challenges experienced to address human trafficking in South Africa prior to the implementation of the Prevention and Combating of Trafficking in Persons Act 7 of 2013Source: Acta Criminologica: Southern African Journal of Criminology 2014, pp 114 –135 (2014)More Less
It is argued in this article that human trafficking-related cases in South Africa are difficult to measure in terms of statistics. However, research suggests that the problem of human trafficking is relatively widespread. On 29 July 2013 Pres. Jacob Zuma signed the Prevention and Combating of Trafficking in Persons Act, 2013 (Act No 7 of 2013), giving South Africa, for the first time, a single statute that addresses human trafficking holistically. Previously, the legislative framework dealing with human trafficking had been fragmented posing challenges for the Criminal Justice System (CJS) to adequately respond to human trafficking related cases. Before this legislation was signed into law, a study was conducted for a period of two years (2012-2013) within Gauteng, Kwazulu-Natal as well as the Western Cape. The aim of this study was to solicit the views of experts within the South African Police Service (SAPS), the Department of Home Affairs (DHA) as well as the National Prosecution Authority (NPA) regarding the challenges posed by human trafficking, as experienced by these role-players, and how the CJS responded to such challenges. Thus, this article reflects the experiences of these experts regarding the challenges brought by human trafficking and their preparation to address these challenges; the characteristics of investigated cases; and the investigation and prosecution of human trafficking cases in the absence of human trafficking legislation. With the 'enabling legislation' just been signed into law, an important question is: Are we yet there? This article provides recommendations based on the findings as well as the operationalisation of the Act on regulations that are required to be made by key role-playing departments.