SA Crime Quarterly - Volume 2007, Issue 22, 2007
Volumes & issues
Volume 2007, Issue 22, 2007
Author Eric PelserSource: SA Crime Quarterly 2007, pp 1 –5 (2007)More Less
In the previous issue of the SA Crime Quarterly, Antony Altbeker argued that the country's decision after 1994 to 'place the prevention of crime at the centre of the strategic vision for the criminal justice system' undermined the building of an effective criminal justice system and may have led to the country's high crime levels. In response to Altbeker' article which is based on his new book A country at war with itself . South Africa's crisis of crime (published by Jonathan Ball), this article explains why his arguments1 leave one both disappointed and despairing.
Author Chandre GouldSource: SA Crime Quarterly 2007, pp 9 –13 (2007)More Less
Since the late 1990s South African media have drawn attention to the problem of human trafficking and called for state intervention to stop the practice. Reports by several non-governmental organisations have referred to the growing plague of human trafficking, particularly that of women and children for purposes of sexual exploitation. A recent, in-depth study of the sex work industry in Cape Town by the ISS and SWEAT calls into question allegations that there is large-scale trafficking into the sex work industry and suggests that a law enforcement approach may not be the most appropriate way to counter the problem.
Source: SA Crime Quarterly 2007, pp 13 –20 (2007)More Less
South Africa is notorious for being the 'rape capital of the world.' The new Sexual Offences Bill introduces a number of legal reforms intended to improve the handling of sexual offences cases. But these new reform efforts will not have the desired impact if laws are not properly implemented or interpreted. It is argued that we need to pay urgent attention to the unacceptable high number of cases that drop out of the system, and ensure that victims are given the tools and support to participate effectively in the legal process.
Author Lisa VettenSource: SA Crime Quarterly 2007, pp 21 –25 (2007)More Less
In 1996 Dullah Omar, the then-Minister of Justice, established a project committee in the South African Law Reform Commission (SALRC) to investigate sexual offences against children. Eleven years later, having widened the scope of the legal reforms to include adults, the National Assembly finally passed the much delayed Criminal Law (Sexual Offences and Related Matters) Amendment Bill (SO Bill 10 Nov 06 (SOBPC06)) on 23 May 2007. The Bill is ambitious, its objects being: 'To afford complainants of sexual offences the maximum and least traumatising protection that the law can provide, to introduce measures which seek to enable the relevant organs of state to give full effect to the provisions of this Act and to combat and, ultimately, eradicate the relatively high incidence of sexual offences committed in the Republic' (Sexual Offences Bill 2006: 9). This article briefly sets out some of the Bill's content and then examines whether or not the Bill, in its current form, does indeed meet the high aims set for itself.
Author Stefanie RoehrsSource: SA Crime Quarterly 2007, pp 27 –32 (2007)More Less
Since being approved by both the National Assembly and the National Council of Provinces, it seems likely that the provisions on compulsory HIV testing of alleged sexual offenders will soon be enacted as part of the new Criminal Law (Sexual Offences and Related Matters) Amendment Bill. Whereas an earlier article (see SA Crime Quarterly 20, 2007), questioned the constitutionality of the provisions, this commentary focuses on the implementation challenges of compulsory HIV testing. Despite good intentions, these provisions will not actually be useful for rape complainants. Instead, the potential exists that rape complainants will been dangered and criminalised. Another concern is the feasibility of compulsory HIV testing, which will place an overwhelming burden on the police, who have neither the resources nor the training to provide such services.
Author Fick NicoleSource: SA Crime Quarterly 2007, pp 33 –36 (2007)More Less
The Portfolio Committee on Justice and Constitutional Development has inserted a new clause in the Sexual Offences Bill that will criminalise the clients of sex workers, with the specific intent to protect women and children from exploitation. In reality it has the potential to cause real harm to the women it aims to protect. Although it is possible that the Committee hoped to level the playing field 'so that women who sell sex are not the only ones guilty of an offence, but also the men who purchase it' (Gould 2006), sex workers will be most affected because they will now have to protect the clients who are their only source of income.