- A-Z Publications
- South African Journal of Criminal Justice
- Previous Issues
- Volume 22, Issue 2, 2009
South African Journal of Criminal Justice - Volume 22, Issue 2, 2009
Volume 22, Issue 2, 2009
Source: South African Journal of Criminal Justice 22, pp 159 –161 (2009)More Less
A grand history of criminology in South Africa - its key concerns, prophets and disciplines - still needs to be written. For those interested in the trajectory of criminology, there is little more than Van Zyl Smit's pioneering but short enquiry into the making of criminology in South Africa. The task of writing a truly composite history would be a challenging undertaking. First, there would be many parts to such a history. Secondly, the story itself would lend itself to different interpretations. After all, in twentieth century South Africa criminological 'thinking' and 'doing' has been shaped by context-specific variables, competing ideological persuasions and rather distinct theoretical approaches to the subject matter.
Author Jonny SteinbergSource: South African Journal of Criminal Justice 22, pp 162 –175 (2009)More Less
During the apartheid era, Wilfried Scharf's abiding intellectual concern was with the organisational forms that developed in the nexus between private protection and illicit commerce in black, urban South Africa, and with the mutually corrupting relationship between these two structures and apartheid security agencies. At the beginning of the democratic era, Wilfried was thus uniquely positioned to understand that the largest question facing the police was its relationship with non-state structures of protection. I argue here that the post-apartheid state has failed to articulate productively with these structures; the result is that the stage is set for the buying and selling of violence by state actors.
Uniforms, plastic cops and the madness of 'Superman' : an exploration of the dynamics shaping the policing of gangs in Cape TownAuthor Irvin KinnesSource: South African Journal of Criminal Justice 22, pp 176 –193 (2009)More Less
Gangs have long been a feature of the social landscape of the City of Cape Town and its environment. They have endured the heaves and sighs of change which have accompanied South Africa's social and political transformation. Whilst local scholarship on gangs is well-established, the complex dynamics accompanying the actual policing of gangs have received relatively little attention. By drawing on a series of in-depth interviews with members of the police organisation and on a small sample of interviews with gang leaders, this article begins to explore selected aspects of the policies and practices associated with the policing of gangs in Cape Town. Central to this exploration is the argument that a wide range of factors influences the operational strategies vis-á-vis gangs including that of the institutional culture of the police itself.
Source: South African Journal of Criminal Justice 22, pp 194 –212 (2009)More Less
On the surface, South Africa seems well positioned to play a leading role in development cooperation in Africa. Support for such a role is appealing at a time when the notion of South-South exchanges is current. Beyond the political rhetoric, however, there lie a range of issues which at present hamper the role of South Africa, and its public police agency, the South African Police Service, in particular. These issues are explored through an examination of South African Police Service's assistance to the Police Nationale Congolaise (hereinafter referred to as the PNC) in the Democratic Republic of Congo (hereinafter referred to as the DRC). For purposes of this enquiry I rely on a field visit to Kinshasa and a series of interviews with South African Police Services' (hereinafter referred to as SAPS) officials conversant with the emerging dynamics of developmental assistance to other police institutions within the region. From this case study - admittedly brief and limited - some broader observations relevant to South-South assistance in the terrain of safety and security are made, in the hope of helping advance our understanding of the role of the police in police building during state reconstruction.
Author Janine RauchSource: South African Journal of Criminal Justice 22, pp 213 –228 (2009)More Less
This article describes the initiation - by international organisations and donor partners - of a police reform process in the Democratic Republic of Congo and the mechanisms which were used to obtain local participation in police reform. A variety of donors and multilateral agencies led the discussions on police reform and shaped the policy approach to the reform, with extremely weak participation from the government of the Democratic Republic of Congo.
Author Maria HauckSource: South African Journal of Criminal Justice 22, pp 229 –245 (2009)More Less
The past two decades have seen the incorporation of environmental issues into criminological analysis. Drawing on critical criminology, the 'green criminology' perspective emerged in the 1990s, highlighting the importance of understanding environmental harm through a critical analysis of socioeconomic and political systems. The abalone fishery in South Africa will be drawn on in this article as a means to highlight the need to take a more integrated approach to environmental harm in South Africa, and in particular, to question the formulation of law and the powerful interests behind it. This article aims to highlight the relevance of international trends to incorporate environmental enquiry into the discipline of criminology, and it seeks to acknowledge Wilfried Schärf's role in recognising the importance of such research almost 15 years ago.
Author Shannon HoctorSource: South African Journal of Criminal Justice 22, pp 246 –257 (2009)More Less
In S v Mbanyaru 2009 (1) SACR 631 (C) a full bench of the Cape High Court heard an appeal against convictions of murder, attempted murder and unlawful possession of a firearm. One of the grounds of appeal was that the trial court had erred in holding that the appellants committed the crimes in the execution of a common purpose.
Source: South African Journal of Criminal Justice 22, pp 257 –267 (2009)More Less
Section 2(1)(a) and (3) of the Special Investigating Units and Special Tribunals Act 74 of 1996 provide for the establishment (and disestablishment) of investigating units. In Chagi v Special Investigation Unit 2009 (1) SACR 339 (CC) a Special Investigation Unit (the First Unit) was established in 1997 by proclamation. Thereafter in 2001 another Unit (the Second Unit) was established in its place. Both units had been charged with investigating a particular entity. Members of that latter entity alleged that the First Unit had caused them to suffer damages and consequently issued summons in 2001. This was approximately two weeks after the 2001 Proclamation which meant that the First Unit by then had been replaced by the Second Unit.
Author Stephan TerblancheSource: South African Journal of Criminal Justice 22, pp 276 –286 (2009)More Less
The influence of delays in the criminal process on the sentencing of the offender needs to be discussed in greater detail. The delays that were suffered in S v Balfour 2009 (1) SACR 399 (SCA) are quite extraordinary. B was charged with murder, but it took four years for the proceedings to reach the trial stage. B was eventually sentenced in July 2001.
Author Warren FreedmanSource: South African Journal of Criminal Justice 22, pp 287 –304 (2009)More Less
In Geldenhuys v National Director of Public Prosecutions 2009 (1) SACR 231 (CC), the applicant was convicted in the regional magistrates' court of committing various indecent acts in terms of s 14(1)(b) and (3)(b) of the erstwhile Sexual Offences Act 23 of 1957. Following his conviction, the applicant appealed first to the High Court and then to the Supreme Court of Appeal. The Supreme Court of Appeal upheld the appeal in respect of certain of the applicant's convictions and dismissed the appeal in respect of others.