DOCSLIB.ORG

CRIME QUA RT E R LY No

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
CRIME QUA RT E R LY No CQ Cover June 2014 7/10/14 3:27 PM Page 1 Reviewing 20 years of criminal justice in South Africa South A f r i c a n CRIME QUA RT E R LY No. 48 | June 2014 Previous issues Stacy Moreland analyses judgements in rape ISS Pretoria cases in the We s t e r n Cape, finding that Block C, Brooklyn Court p a t r i a rchal notions of gender still inform 361 Veale Street judgements in rape case. Heidi Barnes writes a New Muckleneuk case note on the Constitutional Court case Pretoria, South Africa F v Minister of Safety and Security. Alexander Tel: +27 12 346 9500 Hiropoulos and Jeremy Porter demonstrate how Fax:+27 12 460 0998 Geographic Information Systems can be used, [email protected] along with crime pattern theory, to analyse police crime data. Geoff Harris, Crispin Hemson ISS Addis Ababa & Sylvia Kaye report on a conference held in 5th Floor, Get House Building Durban in mid-2013 about measures to reduce Africa Avenue violence in schools; and Hema Harg o v a n Addis Ababa, Ethiopia reviews the latetest edition of Victimology in Tel: +251 11 515 6320 South Africa by Robert Peacock (ed). Fax: +251 11 515 6449 [email protected] Andrew Faull responds to Herrick and Charman ISS Dakar (SACQ 45), delving into the daily liquor policing 4th Floor, Immeuble Atryum in the Western Cape. He looks beyond policing Route de Ouakam for solutions to alcohol-related harms. Claudia Forester-Towne considers how race and gender Dakar, Senegal influence police reservists' views about their Tel: +221 33 860 3304/42 work. Elrena Van der Spuy assesses the Fax: +221 33 860 3343 contribution of ethnographers and auto- [email protected] biographies to our understanding of policing in South Africa. Megan Govender looks at how ISS Nairobi crime statistics and the national victims of crime Braeside Gardens surveys are used to support opposing views of off Muthangari Road public perception about the levels of crime. The edition concludes with a discussion between Lavington, Nairobi, Kenya Oliver Owen (Nigeria) and Andrew Faull (South Tel: +254 20 266 7208 Africa) about the differences in how police Fax: +254 20 266 7198 performance in the two countries. [email protected] www.issafrica.org > Twenty years of punishment (and democracy) in South Africa > Political policing then and now > Criminal justice policy and remand detention since 1994 > Insider views on the Judicial Inspectorate for Correctional Serv i c e s > Addressing corruption in South Africa > Responses to organised crime in a democratic South Africa > Upholding children's rights in the criminal justice system The Institute for Security Studies is an African organisation which aims to enhance human security on the continent. It does independent and authoritative research, provides expert policy analysis and advice, and delivers practical training and technical assistance. © 2014, Institute for Security Studies Copyright in the volume as a whole is vested in the Institute for Security Studies, and no part may be reproduced in whole or in part without the express permission, in writing, of both the authors and the publishers. The opinions expressed do not reflect those of the Institute, its trustees, members of the Advisory Council or donors. Authors contribute to ISS publications in their personal capacity. ISBN 1991-3877 First published by the Institute for Security Studies, P O Box 1787, Brooklyn Square 0075 Pretoria, South Africa www.issafrica.org SACQ can be freely accessed on-line at http://www.issafrica.org/publications/south-african-crime-quarterly Editor Chandré Gould e-mail [email protected] Editorial board Professor Ann Skelton, Director: Centre for Child Law, University of Pretoria Judge Jody Kollapen, High Court of South Africa Dr Jonny Steinberg, Research Associate, Centre for Criminology, Oxford University Dr Jamil Mujuzi, Faculty of Law, University of the Western Cape Associate Professor Catherine Ward, Department of Psychology, University of Cape Town Associate Professor Dee Smythe, Director of the Centre for Law and Society, University of Cape Town Professor William Dixon, Head of School, School of Sociology and Criminology, Keele University, UK Professor Rudolph Zinn, Department of Police Practice, University of South Africa Associate Professor Lukas Muntingh, Project Coordinator, Civil Society Prison Reform Initiative, Community Law Centre, University of the Western Cape Sub-editors who worked on this edition Andrew Faull, PhD candidate, Oxford University Khalil Goga, PhD candidate, Stellenbosch University Camilla Pickles, PhD candidate, University of Pretoria Elona Toska, PhD candidate, Oxford University Cover An artist’s impression of criminal justice over the past 20 years © Lize-Marie Dreyer Production Image Design 071 883 9359 Printing Remata Contents SA Crime Quarterly No. 48 | June 2014 Editorial Memory and forgetting: how meta-narratives about the past overshadow the future ..................................... 3 Twenty years of punishment (and democracy) in South Africa ..................................................................... 7 The pitfalls of governing crime through the community Gail Super We need a complicit police! .......................................................................................................................... 17 Political policing then and now Julia Hornberger Unsustainable and unjust ............................................................................................................................. 25 Criminal justice policy and remand detention since 1994 Jean Redpath Looking back ................................................................................................................................................. 39 insider views on the judicial inspectorate for Correctional Services Chloë McGrath & Elrena van der Spuy Control, discipline and punish? .................................................................................................................... 49 Addressing corruption in South Africa David Bruce Taking stock of the last 20 years .................................................................................................................. 63 Responses to organised crime in a democratic South Africa Khalil Goga Court support workers speak out ................................................................................................................. 75 Upholding children’s rights in the criminal justice system Loraine Townsend, Samantha Waterhouse & Christina Nomdo SA Crime QuArterly No. 48 • juNe 2014 A1 Editorial Memory and forgetting: how meta-narratives about the past overshadow the future 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 meta- narratives, particularly about apartheid and opposition to apartheid, inform and overshadow our present and future. Memory is a curious thing, at both a social and individual level. While we are inclined to think of our memory as a static entity, scientists such as Charles Fernyhough describe it as a constantly changing set of impressions, informed as much by the needs of the present as by the experiences of the past.1 When the memories we have are of traumatic events, the process of remembering is even more fraught, especially when those who are doing the remembering do not share the same perspectives, experiences or social status. For South Africans the construction of a collective memory about the experience of apartheid is thus fraught. While remembering the details of the past was regarded as an essential requirement for moving forward, we as a society did our remembering within a formal process guided by the Truth and Reconciliation Commission (TRC), and within a very narrow time period. After the TRC, arguably, we moved forward very quickly to forget – enabled by the construction of comfortable meta-narratives that do not disturb. This is consistent with trauma psychologist Judith Herman’s theory that ‘the knowledge of horrible events periodically intrudes into public awareness but … is rarely retained for long’. Indeed, she argues that ‘[d]enial, repression, and dissociation operate on a social as well as an individual level’. But, ‘like traumatised people, we need to understand the past in order to reclaim the present and the future’.2 The meta-narratives we have constructed draw very clear lines between ‘perpetrator’ and ‘victim’, ‘hero’ and ‘villain’, establishing these as distinct categories, despite the very real murkiness and fluidity between them, identified even by the TRC.3 I believe it is the untroubled acceptance of these categories of ‘othering’, applied post-apartheid, that creates the basis for justifying state violence. Over the past 18 months the Nelson Mandela Foundation and the Global Leadership Academy of the German Development Agency (GIZ) have held a series of international dialogues about transitional justice and ‘memory work’. The driving motivation of these dialogues has been to overcome what practitioners, theorists and activists in the fields of peace-building and transitional justice have come to express as a stagnancy in thinking about, and approaches to dealing with, past injustices and conflict. The dialogues have identified as a crucial element in any transition to democracy ‘respect for, and the provision of space
Load more

Recommended publications
  • Constitutional Authority and Its Limitations: the Politics of Sexuality in South Africa
    South Africa Constitutional Authority and its Limitations: The Politics of Sexuality in South Africa Belinda Beresford Helen Schneider Robert Sember Vagner Almeida “While the newly enfranchised have much to gain by supporting their government, they also have much to lose.” Adebe Zegeye (2001) A history of the future: Constitutional rights South Africa’s Constitutional Court is housed in an architecturally innovative complex on Constitution Hill, a 100-acre site in central Johannesburg. The site is adjacent to Hillbrow, a neighborhood of high-rise apartment buildings into which are crowded thousands of mi- grants from across the country and the continent. This is one of the country’s most densely populated, cosmopolitan and severely blighted urban areas. From its position atop Constitu- tion Hill, the Court offers views of Hillbrow’s high-rises and the distant northern suburbs where the established white elite and increasing numbers of newly affluent non-white South Africans live. Thus, while the light-filled, colorful and contemporary Constitutional Court buildings reflect the progressive and optimistic vision of post-apartheid South Africa the lo- cation is a reminder of the deeply entrenched inequalities that continue to define the rights of the majority of people in the country and the continent. CONSTITUTIONAL AUTHORITY AND ITS LIMITATIONS: THE POLITICS OF SEXUALITY IN SOUTH AFRICA 197 From the late 1800s to 1983 Constitution Hill was the location of Johannesburg’s central prison, the remains of which now lie in the shadow of the new court buildings. Former prison buildings include a fort built by the Boers (descendents of Dutch settlers) in the late 1800s to defend themselves against the thousands of men and women who arrived following the discovery of the area’s expansive gold deposits.
    [Show full text]
  • Economic Ascendance Is/As Moral Rightness: the New Religious Political Right in Post-Apartheid South Africa Part
    Economic Ascendance is/as Moral Rightness: The New Religious Political Right in Post-apartheid South Africa Part One: The Political Introduction If one were to go by the paucity of academic scholarship on the broad New Right in the post-apartheid South African context, one would not be remiss for thinking that the country is immune from this global phenomenon. I say broad because there is some academic scholarship that deals only with the existence of right wing organisations at the end of the apartheid era (du Toit 1991, Grobbelaar et al. 1989, Schönteich 2004, Schönteich and Boshoff 2003, van Rooyen 1994, Visser 2007, Welsh 1988, 1989,1995, Zille 1988). In this older context, this work focuses on a number of white Right organisations, including their ideas of nationalism, the role of Christianity in their ideologies, as well as their opposition to reform in South Africa, especially the significance of the idea of partition in these organisations. Helen Zille’s list, for example, includes the Herstigte Nasionale Party, Conservative Party, Afrikaner People’s Guard, South African Bureau of Racial Affairs (SABRA), Society of Orange Workers, Forum for the Future, Stallard Foundation, Afrikaner Resistance Movement (AWB), and the White Liberation Movement (BBB). There is also literature that deals with New Right ideology and its impact on South African education in the transition era by drawing on the broader literature on how the New Right was using education as a primary battleground globally (Fataar 1997, Kallaway 1989). Moreover, another narrow and newer literature exists that continues the focus on primarily extreme right organisations in South Africa that have found resonance in the global context of the rise of the so-called Alternative Right that rejects mainstream conservatism.
    [Show full text]
  • 40260 9-9 Legala
    Government Gazette Staatskoerant REPUBLIC OF SOUTH AFRICA REPUBLIEK VAN SUID-AFRIKA September Vol. 615 Pretoria, 9 2016 September No. 40260 PART 1 OF 2 LEGAL NOTICES A WETLIKE KENNISGEWINGS ISSN 1682-5843 N.B. The Government Printing Works will 40260 not be held responsible for the quality of “Hard Copies” or “Electronic Files” submitted for publication purposes 9 771682 584003 AIDS HELPLINE: 0800-0123-22 Prevention is the cure 2 No. 40260 GOVERNMENT GAZETTE, 9 SEPTEMBER 2016 WARNING!!! To all suppliers and potential suppliers of goods to the Government Printing Works The Government Printing Works would like to warn members of the public against an organised syndicate(s) scamming unsuspecting members of the public and claiming to act on behalf of the Government Printing Works. One of the ways in which the syndicate operates is by requesting quotations for various goods and services on a quotation form with the logo of the Government Printing Works. Once the official order is placed the syndicate requesting upfront payment before delivery will take place. Once the upfront payment is done the syndicate do not deliver the goods and service provider then expect payment from Government Printing Works. Government Printing Works condemns such illegal activities and encourages service providers to confirm the legitimacy of purchase orders with GPW SCM, prior to processing and delivery of goods. To confirm the legitimacy of purchase orders, please contact: Renny Chetty [email protected] (012) 748-6375 Anna-Marie du Toit [email protected] (012) 748-6292 Siraj Rizvi [email protected] (012) 748-6380 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 9 SEPTEMBER 2016 No.
    [Show full text]
  • Thesis Law 2020 Viltoft Clara Dybbroe
    Deconstructing Gangsterism in the Western Cape Policy Response to the National Anti-Gangsterism Strategy Clara Dybbroe Viltoft VLTCLA001 Degree: Masters of Philosophy in Criminology, Law and Society Course code: PBL5850W Minor Dissertation Institution: Department of Public Law Faculty of Law School of Advanced Legal Studies University of Cape Town Supervised by: Prof. Elrena van de Spuy DepartmentUniversity of Public Law of Cape Town University of Cape Town Word count: 24.572 (including footnotes and quotes, excluding lists and bibliography) Page count: 112 Submission date: 10 February 2020 The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or non- commercial research purposes only. Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University of Cape Town Deconstructing Gangsterism in the Western Cape Policy Response to NAGS Page 2 of 112 DECLARATION The research dissertation is presented for the approval of the Senate in fulfilment of the part of the requirements for the Masters of Philosophy in Criminology, Law and Society in approved courses and a minor dissertation. The other part of the requirement for this qualification was the completion of programme courses. I, Clara Dybbroe Viltoft, hereby declare that I have read and understood the regulations governing the submission of the dissertation, including those relating to length and plagiarism, as contained in the rules of this University, and that this dissertation confirms to those regulations.
    [Show full text]
  • Sitting(Link Is External)
    1 THURSDAY, 10 MAY 2018 PROCEEDINGS OF THE WESTERN CAPE PROVINCIAL PARLIAMENT The sign † indicates the original language and [ ] directly thereafter indicates a translation. The House met at 14:15 The Deputy Speaker took the Chair and read the prayer. The DEPUTY SPEAKER: You may be seated. [Interjections.] Order! I see the Chief Whip first. (Notice of Motion) Mr M G E WILEY: Thank you, Mr Deputy Speaker. I give notice that I shall move: That, notwithstanding the provisions of Rule 198, precedence be given to the Subject for Discussion. Thank you. The DEPUTY SPEAKER: Thank you. No objection to that? Agreed to. 2 We will then start with the Subject for Discussion in the name of the hon member Gillion. I see the hon Gillion. †Mnr Q R DYANTYI: Hoor-hoor! [Mr Q R DYANTYI: Hear-hear!] Ms M N GILLION: Mr Deputy Speaker, 2018 marks the tail -end of this administration’s term and the DA’s decade of misrule is representative of a period of regression in service delivery for the poor. Reality is that th is protracted period of disservice to our people has been marked by the deteriorating living conditions for the poor and marginalised, which forced thousands of people to take to the streets on Freedom Day, calling on the DA Government to break with the past and focus on service delivery. The most pressing challenges faced by the people in this province include inadequate living conditions, crime, poverty, dread diseases and unemployment. These challenges seem to be colour -conscious as they affect the black majority, while the minority is well taken care of.
    [Show full text]
  • Hate Crimes Against Black Lesbian South Africans: Where Race, Sexual Orientation and Gender Collide (Part Ii)
    HATE CRIMES AGAINST BLACK LESBIAN SOUTH AFRICANS: WHERE RACE, SEXUAL ORIENTATION AND GENDER COLLIDE (PART II) Kamban Naidoo BA LLB LLM Senior Lecturer, Criminal and Procedural Law University of South Africa (UNISA) Michelle Karels LLB LLM Senior Lecturer, Criminal and Procedural Law University of South Africa (UNISA) SUMMARY This article, which is the second of a two-part submission, examines the South African legal position pertaining to sexual offences and murder as a continuation of the theme introduced in Part One. The authors then examine the concept of motive before providing a brief overview of hate crime legislation and/or policy in the United States of America and Germany. The core of the article examines three possible routes for South Africa to curb hate crime. Firstly, the creation of substantive hate crime law in the form of legislation, secondly, the amendment of current legislation to incorporate protection against this form of crime and thirdly, the retention of the current status quo coupled with the roll-out of civil society initiatives to curb hate- motivated crime. The conclusion of the article provides recommendations from a civil society and criminal justice perspective. A INTRODUCTION This article seeks to extend the foundational framework laid in Part I within the context of criminal legal doctrine generally and the potential for hate- crime legislation in South Africa specifically. At the time of writing, the Department of Justice and Constitutional Development had appointed a task team to investigate hate-crime legislation and to submit proposals with regard to such legislation in South Africa. 1 The research is, however, still in 1 Anonymous “Speech by Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, MP, on the occasion of the official opening of the first networking session of the national task team on LGTBI Crime-related issues” October 2011 http://www.info.
    [Show full text]
  • Intergovernmental Relations Policy Framework
    INTERGOVERNMENTAL AND INTERNATIONAL RELATIONS 1 POLICY : INTERGOVERNMENTAL RELATIONS POLICY FRAMEWORK Item CL 285/2002 PROPOSED INTERGOVERNMENTAL RELATIONS POLICY FRAMEWORK MC 05.12.2002 RESOLVED: 1. That the report of the Strategic Executive Director: City Development Services regarding a proposed framework to ensure sound intergovernmental relations between the EMM, National and Provincial Government, neighbouring municipalities, the S A Cities Network, organised local government and bulk service providers, BE NOTED AND ACCEPTED. 2. That all Departments/Portfolios of the EMM USE the Intergovernmental Relations Policy Framework to develop and implement mechanisms, processes and procedures to ensure sound intergovernmental relations and TO SUBMIT a policy and programme in this regard to the Speaker for purposes of co-ordination and approval by the Mayoral Committee. 3. That the Director: Communications and Marketing DEVELOP a policy on how to deal with intergovernmental delegations visiting the Metro, with specific reference to intergovernmental relations and to submit same to the Mayoral Committee for consideration. 4. That intergovernmental relations BE INCORPORATED as a key activity in the lOP Business Plans of all Departments of the EMM. 5. That the Ekurhuleni Intergovernmental Multipurpose Centre Steering Committee INCORPORATE the principles contained in the Intergovernmental Relations Framework as part of the policy on multipurpose centres to be formulated as contemplated in Mayoral Committee Resolution (Item LED 21-2002) of 3 October 2002. 6. That the City Manager, in consultation with the Strategic Executive Director: City Development Services, FINALISE AND APPROVE the officials to represent the EMM at the Technical Working Groups of the S A Cities Network. 7. That the Strategic Executive Director: City Development SUBMIT a further report to the Mayoral Committee regarding the necessity of participation of the Ekurhuleni Metropolitan Municipality and its Portfolios/Departments on public bodies, institutions and organisations.
    [Show full text]
  • Department of Community Safety: Annual Performance Plan 2021/22
    Annual Performance Plan 2021/22 Department of Community Safety EXECUTIVE AUTHORITY STATEMENT In the short time, since June 2019, that I have been the Executive Authority of the Department of Community Safety, I have aimed to provide strategic leadership for it to become an increasingly service delivery-oriented department. As a department, we have had to adapt our strategies considering the socio-economic challenges presented by the COVID-19 epidemic. I am proud of the role played by my department in responding to the pandemic. Our responses to the governance and delivery challenges posed by the epidemic have been marked by innovation that, in many cases, surpassed even our own expectations. Under my guidance, the Department has embarked upon an exciting repurposing process. This process will ensure that the Department adapts its oversight functions to enhance service delivery, particularly to those communities ravaged by high rates of crime, gangsterism and other challenges. This is in line with our role as one of the lead departments in implementing the Western Cape Safety Plan (Safety Plan) and the safety component of the Western Cape Government’s COVID-19 Recovery Plan (Recovery Plan). This collaborative repurposing process has been ably facilitated by the senior departmental officials under the leadership of the Head of Department (HoD), Adv. Yashina Pillay, and is a first in that it explicitly encourages dynamic and open reflection of the Department’s mandate and involves participation from all levels of the Department. The Recovery Plan requires that all departments ensure that their programmes, strategies and deliverables are aligned to the interrelated objectives of jobs, safety and wellbeing.
    [Show full text]
  • African National Congress NATIONAL to NATIONAL LIST 1. ZUMA Jacob
    African National Congress NATIONAL TO NATIONAL LIST 1. ZUMA Jacob Gedleyihlekisa 2. MOTLANTHE Kgalema Petrus 3. MBETE Baleka 4. MANUEL Trevor Andrew 5. MANDELA Nomzamo Winfred 6. DLAMINI-ZUMA Nkosazana 7. RADEBE Jeffery Thamsanqa 8. SISULU Lindiwe Noceba 9. NZIMANDE Bonginkosi Emmanuel 10. PANDOR Grace Naledi Mandisa 11. MBALULA Fikile April 12. NQAKULA Nosiviwe Noluthando 13. SKWEYIYA Zola Sidney Themba 14. ROUTLEDGE Nozizwe Charlotte 15. MTHETHWA Nkosinathi 16. DLAMINI Bathabile Olive 17. JORDAN Zweledinga Pallo 18. MOTSHEKGA Matsie Angelina 19. GIGABA Knowledge Malusi Nkanyezi 20. HOGAN Barbara Anne 21. SHICEKA Sicelo 22. MFEKETO Nomaindiya Cathleen 23. MAKHENKESI Makhenkesi Arnold 24. TSHABALALA- MSIMANG Mantombazana Edmie 25. RAMATHLODI Ngoako Abel 26. MABUDAFHASI Thizwilondi Rejoyce 27. GODOGWANA Enoch 28. HENDRICKS Lindiwe 29. CHARLES Nqakula 30. SHABANGU Susan 31. SEXWALE Tokyo Mosima Gabriel 32. XINGWANA Lulama Marytheresa 33. NYANDA Siphiwe 34. SONJICA Buyelwa Patience 35. NDEBELE Joel Sibusiso 36. YENGENI Lumka Elizabeth 37. CRONIN Jeremy Patrick 38. NKOANA- MASHABANE Maite Emily 39. SISULU Max Vuyisile 40. VAN DER MERWE Susan Comber 41. HOLOMISA Sango Patekile 42. PETERS Elizabeth Dipuo 43. MOTSHEKGA Mathole Serofo 44. ZULU Lindiwe Daphne 45. CHABANE Ohm Collins 46. SIBIYA Noluthando Agatha 47. HANEKOM Derek Andre` 48. BOGOPANE-ZULU Hendrietta Ipeleng 49. MPAHLWA Mandisi Bongani Mabuto 50. TOBIAS Thandi Vivian 51. MOTSOALEDI Pakishe Aaron 52. MOLEWA Bomo Edana Edith 53. PHAAHLA Matume Joseph 54. PULE Dina Deliwe 55. MDLADLANA Membathisi Mphumzi Shepherd 56. DLULANE Beauty Nomvuzo 57. MANAMELA Kgwaridi Buti 58. MOLOI-MOROPA Joyce Clementine 59. EBRAHIM Ebrahim Ismail 60. MAHLANGU-NKABINDE Gwendoline Lindiwe 61. NJIKELANA Sisa James 62. HAJAIJ Fatima 63.
    [Show full text]
  • Looking Back
    Looking back Insider views on the Judicial Inspectorate for Correctional Services Chloë McGrath and Elrena van der Spuy* [email protected] [email protected] http://dx.doi.org/10.4314/sacq.v48i1.4 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.1 In brief: South African prisons years of collecting evidence, the Commission of Inquiry into Alleged Incidents of Violence or Under apartheid, South African prisons bore Intimidation in the Department of Correctional the imprint of racialised and repressive rule. The Services (the Jali Commission) declared that the opportunity for a fundamental re-think of the policy department was ‘arguably no longer governable’.3 framework had to await the establishment of a The report highlighted a wide range of ailments: constitutional democracy. Bold efforts at redesigning widespread patterns of corruption in the procurement the system of incarceration were put forward, but of goods and services and in appointments, uneven implementation has diluted many of the administrative ineptitude, a routinisation of abuse visions set out on paper. Twenty years into the new of inmates, widespread sexual violence among dispensation, South African prisons continue to inmates, gangsterism,4 endemic overcrowding,5 and confront a mix of structural fault lines, bureaucratic departmental capture by the Police and Prisons Civil intransigence, resource constraints and a measure of Rights Union (POPCRU).
    [Show full text]
  • Thematic Report on Criminal Justice and Human Rights In
    THEMATIC REPORT ON CRIMINAL JUSTICE AND HUMAN RIGHTS IN SOUTH AFRICA A Submission to the UN Human Rights Committee in response to the Initial Report by South Africa under the International Covenant on Civil and Political Rights at the 116th session of the Human Rights Committee (Geneva March 2016) By the following organisations : Civil Society Prison Reform Initiative Just Detention International Lawyers for Human Rights NICRO 1 Contents Executive summary ................................................................................................................................. 3 Contact details of contributing organisations .......................................................................................... 5 Introduction ............................................................................................................................................. 7 Methodology and limitations .................................................................................................................. 8 Arbitrary arrest and detention ................................................................................................................. 8 Arrest without a warrant ..................................................................................................................... 8 Pre-trial detention .............................................................................................................................. 10 Delays in bail applications ...................................................................................................................
    [Show full text]
  • 12-Politcsweb-Going-Off-The-Rails
    http://www.politicsweb.co.za/documents/going-off-the-rails--irr Going off the rails - IRR John Kane-Berman - IRR | 02 November 2016 John Kane-Berman on the slide towards the lawless South African state GOING OFF THE RAILS: THE SLIDE TOWARDS THE LAWLESS SOUTH AFRICAN STATE SETTING THE SCENE South Africa is widely recognised as a lawless country. It is also a country run by a government which has itself become increasingly lawless. This is so despite all the commitments to legality set out in the Constitution. Not only is the post–apartheid South Africa founded upon the principle of legality, but courts whose independence is guaranteed are vested with the power to ensure that these principles are upheld. Prosecuting authorities are enjoined to exercise their functions “without fear, favour, or prejudice”. The same duty is laid upon other institutions established by the Constitution, among them the public protector and the auditor general. Everyone is endowed with the right to “equal protection and benefit of the law”. We are all also entitled to “administrative action that is lawful, reasonable, and procedurally fair”. Unlike the old South Africa – no doubt because of it – the new Rechtsstaat was one where the rule of law would be supreme, power would be limited, and the courts would have the final say. This edifice, and these ideals, are under threat. Lawlessness on the part of the state and those who run it is on the increase. The culprits run from the president down to clerks of the court, from directors general to immigration officials, from municipal managers to prison warders, from police generals to police constables, from cabinet ministers to petty bureaucrats.
    [Show full text]