SA Crime Quarterly - Volume 2014, Issue 48, 2014
Volumes & issues
Volume 2014, Issue 48, 2014
Author Chandre GouldSource: SA Crime Quarterly 2014, pp 3 –5 (2014)More Less
Two decades on from 1994 seems an appropriate time to take stock of what has been achieved and where we have fallen short of our own expectations, and identify what remains to be done in South Africa. But perhaps it is also an appropriate moment to take stock of how we remember and represent our past and how the metanarratives, particularly about apartheid and opposition to apartheid, inform and overshadow our present and future.
Twenty years of punishment (and democracy) in South Africa - the pitfalls of governing crime through the communityAuthor Gail SuperSource: SA Crime Quarterly 2014, pp 7 –15 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v48i1.1More Less
This article examines how the ideology of 'community' is deployed to govern crime in South Africa, both by marginalised black communities and by the government. Although the turn to 'community' started under the National Party government in the late 1970s, there is no doubt that as a site, technology, discourse, ideology and form of governance, 'community' has become entrenched in the post-1994 era. Utilising empirical data drawn from ethnographic research on vigilantism in Khayelitsha, as well as archival materials in respect of ANC policies and practices before it became the governing party, I argue that rallying 'communities' around crime combatting has the potential to unleash violent technologies in the quest for 'ethics' and 'morality'. When community members unite against an outsider they are bonded for an intense moment in a way that masks the very real problems that tear the community apart. Because violent punishment is one of the consequences of the state's turn towards democratic localism, we should question the way in which the 'community' is deployed as a tool of crime prevention, and subject it to rigorous scrutiny.
Author Julia HornbergerSource: SA Crime Quarterly 2014, pp 17 –24 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v48i1.2More Less
South Africa is witnessing a build-up of cases of public order policing gone wrong, in fact deadly wrong. Even the police are willing to admit that something is amiss. Yet the police response is a short-sighted one, which places the responsibility for the eruption of violence squarely with the people protesting, and underestimates its own role in aggravating the situation. I argue here that if the police wish to break the patterns of their long history of protecting a government and its partisan interests, and do not want to be misunderstood in their intention to serve the people, then simply increasing the capacity of public order policing will not help. On the contrary, we might end up (again) with a permanent occupying army. Instead the police have to become more explicitly partisan towards the citizens they serve, and help deliver the message inherent in each protest.
Author Jean RedpathSource: SA Crime Quarterly 2014, pp 25 –37 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v48i1.3More Less
The 'tough on crime' approach embodied in bail and sentencing law has had a profound impact on the trends around remand detention, including prison overcrowding of such an extent that it is estimated to have contributed to an additional 8 500 natural deaths in custody. Ultimately the policies have led, in practice, to an 'Alice in Wonderland' effect: fewer people are being tried and sentenced, while more than ever are denied their freedom without ever being tried in a court of law.
Author Elrena Van der SpuySource: SA Crime Quarterly 2014, pp 39 –48 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v48i1.4More Less
The establishment of a constitutional democracy in South Africa necessitated widespread institutional reforms across state sectors. A key feature of such reforms was the emphasis on oversight and accountability as illustrated in reform endeavours pursued in the South African Police Service, courts and prisons. One such oversight mechanism - the Judicial Inspectorate for Correctional Services (JICS) - is the subject of this article. Drawing on qualitative interviews with people closely involved with the JICS since 1998, this article presents 'insider views' regarding the JICS. We conclude with incumbents' views on the effectiveness of the JICS.
Author David BruceSource: SA Crime Quarterly 2014, pp 49 –62 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v48i1.5More Less
This article provides a 'high level' view of current debates about the causes of and remedies for corruption in South Africa, with a view to reflecting on how to address corruption. The article starts by providing an overview of the current integrity framework and initiatives to strengthen it within the domains of public administration and criminal justice. Alongside this, the article briefly reviews historical and sociological accounts of corruption in South Africa. This provides the basis for a discussion of the moral economy of corruption. Instead of focusing on questions of surveillance or deterrence, this strand of analysis implies that addressing corruption is not simply about addressing 'moral deficits' but engaging with questions about how to advance justice and fairness in South African society.
Author Khalil GogaSource: SA Crime Quarterly 2014, pp 63 –73 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v48i1.6More Less
Following the end of apartheid, the South African state has faced a number of challenges. One of these has been the growing spectre of organised crime, which has weighed heavily on the public consciousness. The narrative has been one of organised crime, which is becoming increasingly sophisticated and dangerous, pitted against a weakening and ill-equipped state.
This article seeks to give insight into the legal and institutional measures taken by the South African state over the last 20 years. It focuses on direct state responses to organised crime, primarily changes to legislation and enforcement structures. It finds that although the state has been active in changing legislation to combat organised crime, it has often been its own worst enemy where enforcement is concerned, and has consequently lost some important tools in the fight against organised crime.
Source: SA Crime Quarterly 2014, pp 75 –88 (2014) http://dx.doi.org/http://dx.doi.org/10.4314/sacq.v48i1.7More Less
The prevalence of sexual offences against children in South Africa continues to be among the highest in the world. The quality and accuracy of a child's testimony is often pivotal to whether cases are prosecuted, and whether justice is done. Child witness programmes assist child victims of sexual abuse to prepare to give consistent, coherent and accurate testimony, and also attempt to ensure that the rights of the child are upheld as enshrined in the various laws, legislative frameworks, directives and instructions that have been introduced since 1994. We draw on information from two studies that sought the perspectives of court support workers to explore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victims of sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims of sexual abuse during participation in the CJS. The findings revealed that the rights of children to equality, dignity and not to be treated or punished in a cruel, inhuman or degrading way were undermined in many instances. Finally, recommendations are given on ways to mitigate the harsh effects that adversarial court systems have on children's rights.