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- Volume 20, Issue 3, 2007
South African Journal of Criminal Justice - Volume 20, Issue 3, 2007
Volume 20, Issue 3, 2007
Author Elrena Van der SpuySource: South African Journal of Criminal Justice 20, pp 307 –327 (2007)More Less
The nature of police agencies on the payroll of the state in Africa remains illresearched and by implication ill-understood. An Africa-wide police studies is still to be developed, although recent contributions are beginning to set instructive examples to those eager to participate. In search of more details regarding police reform, how it is conceptualised on the one hand, and practised on the other, this paper engages with the substantive deliberations of five workshops on police reform which took place in a number of locations in Africa between June 2006 and May 2007. Each of the five workshops is subjected to interpretative reading and comparative analysis. The aim is to highlight the kinds of issues around which discussion on police in Africa have been taking place. Each of the deliberations yields some insight into the state of the public police in Africa; the policy frameworks in terms of which police reform is articulated; the perceived opportunities for reform; the strategies devised by social actors; and the range of obstacles which reform interventions confront. In the concluding section, the challenges confronting the development of an African police studies are very briefly considered.
Proactive policing for the rich and reactive policing for the poor: hypocrisy in policing a stratified societyAuthor David T. MasiloaneSource: South African Journal of Criminal Justice 20, pp 328 –340 (2007)More Less
The increase in the employment of private security by those who can afford it, and the sporadic occurrence of vigilantism in poorer communities, suggests that people's safety cannot be secured by one form of policing. Effective co-operation and co-ordination between bodies could enhance safety and security in a stratified society. This paper chiefly addresses vigilante policing. Vigilante policing is controversial and has been characterized as disorderly and illegitimate. Secondly, the paper highlights ways in which the state could provide comprehensive safety and security. Originally vigilante policing developed as there was no formal policing. Currently vigilante policing is a consequence of the perceived failure of the public police to provide sufficient security, and of the non-affordability of the private security alternative in poorer communities.
The Constitutional Court gets anal about rape - gender neutrality and the principle of legality in Masiya v DPPSource: South African Journal of Criminal Justice 20, pp 341 –360 (2007)More Less
In Masiya v DPP the Constitutional Court missed the opportunity to address the patently inadequate and unjust common law definition of the crime of rape. The Court had an opportunity to embrace its mandate as guardian of constitutional rights and, in adopting a conservative stance towards the development of the common law, failed to do so. Two points of particular interest that arise from the judgment are considered in this article: the Court's unwillingness to extend the definition of rape along gender-neutral lines; and the impact of the principle of legality on the Courts' ability to develop the common law definitions of crimes. There is no reason in logic or justice for why the definition of rape should be gender- specific. Furthermore, in line with the minority judgment in Masiya, there is no rule of law that prohibits the Court from executing such an extension.
Thebus and Tadić : comparing the application of the doctrine of common purpose in South Africa to its application in the Yugoslav tribunal : commentAuthor Pieter Du ToitSource: South African Journal of Criminal Justice 20, pp 361 –271 (2007)More Less
Most international crimes are committed in times of armed conflict and as such involve the actions or consent of more than one person. The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) were created to try persons charged with international crimes arising out of the conflicts in those territories.
Author Ntombizozuko DyaniSource: South African Journal of Criminal Justice 20, pp 372 –376 (2007)More Less
Recent empirical evidence suggests that sexual violence is increasingly becoming a phenomenon of armed conflict. There is a causal link between armed conflict and sexual violence: armed conflict results in casualties and many of those casualties tend to include women who have been sexually violated. The most documented atrocities committed against women during armed conflicts are those that occurred in the former Yugoslavia and in Rwanda in the early 1990s.