SA Crime Quarterly - Volume 2014, Issue 47, 2014
Volumes & issues
Volume 2014, Issue 47, 2014
Author Chandre GouldSource: SA Crime Quarterly 2014, pp 3 –4 (2014)More Less
This year South Africa celebrates 20 years of democracy. The anniversary, coming in an election year, provides an opportunity for the ANC government to reflect back on the achievements of the past 20 years. Equally, opposition parties will seize the moment to reflect on the failures of the past 20 years. These analyses, and the accompanying array of somewhat baffling statistics, focus - for good reason - on what the government has or has not done to improve conditions for its citizens. Excluded from these analyses are reflections on the role played by the multitude of non-governmental organisations that continue to support the implementation of legislation and offer a wide range of services at community level under difficult and uncertain circumstances.
Author Stacy MorelandSource: SA Crime Quarterly 2014, pp 5 –15 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v47i1.1More Less
This article asks the question: how do judges know what rape is and what it is not? The statutory definition contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. This article analyses a small selection of recent judgements of the Western Cape High Court (WCHC) for answers. The article begins by establishing why judgements are an important source for understanding what rape means in society at large; it then discusses the relationship between power, language, and the law. This is followed by specific analyses of cases that show how patriarchy still defines how judges express themselves about rape. It concludes by looking at the institutional factors that discourage judges from adopting new ways of talking about rape, and their constitutional mandate to do so.
Source: SA Crime Quarterly 2014, pp 17 –28 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v47i1.2More Less
While the high rate of crime in South Africa has received much international attention, mainly focused on violent crime, the vast majority of offences reported to the South African Police Service concern property and other non-violent offences. The present study explores the relationship between one of the most frequently reported property crimes (thefts out of motor vehicles) and the environment in which they occur, using Geographic Information Systems (GIS). Utilising the framework of crime pattern theory, crime generators and attractors are visually examined in order to determine whether they can explain concentrations of crime. We argue that when used in conjunction with relevant social theory aimed at the examination of the determinants of crime and criminality, GIS can be a powerful practical tool in the presentation of crime data.
F v Minister of Safety and Security : vicarious liability and state accountability for the criminal acts of police officersAuthor Heidi BarnesSource: SA Crime Quarterly 2014, pp 29 –34 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v47i1.3More Less
The Constitutional Court judgement in F v Minister of Safety and Security is a ground-breaking judgement in two important respects: firstly, it finally does away with the fiction that an employee acts within the course and scope of her employment in the so-called deviation cases in the law of vicarious liability, and secondly it clarifies the normative basis for holding the state vicariously liable for the criminal acts of police officers. In this latter respect it significantly promotes state accountability for the criminal acts of police officers.
Source: SA Crime Quarterly 2014, pp 35 –45 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v47i1.4More Less
There is ample evidence of the persistence of violence at all levels of the South African education system. Working on the assumption that change will require active collaboration across all sectors, three organisations held a conference in Durban to sustain work towards non-violence. This article reports the process of working from an understanding of the nature and extent of such violence to a review of current projects and programmes to address it, and finally to a collaborative process in developing strategies for change. Research presented gave considerable insight into how violence operates and how interventions can make a significant difference. Two key disconnects were identified - the gap between the values advocated in policies and those actually experienced, and the failure to see humans as simultaneously physical, spiritual, emotional and cognitive. Learners challenged the practice of tolerating violence as a norm and insisted on the right to learn in conditions of safety. Practitioners demonstrated a range of innovative interventions through presentations and experiential learning. The strategies placed strong emphasis on ways of fostering positive values and ethical behaviour in education, and on promoting the many ways in which people can take creative action for change.
Author Hema HargovanSource: SA Crime Quarterly 2014, pp 47 –52 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v47i1.5More Less
The book 'Victimology in South Africa' by Robert Peacock (ed) is a revised and updated version of the text by the same name, first published in 2005. The book provides a useful overview of important and relevant topics in the fast developing field of victimology and victim assistance. It is clear that, where necessary, much effort has gone into rewriting content to keep the material relevant. In addition, all the chapters have been updated in line with a significant global and national focus on protecting the rights of victims through the development of policy and legislation.