Doctoral Degrees (Criminology and Forensic Studies)

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Restorative approaches to criminal justice : an exploratory study in KwaZulu-Natal.
(2008) Hargovan, Hema Keshavlal.; Chetty, Vanitha Rakshana.
Restorative justice, a social movement seeking to introduce reform in the operation of the traditional criminal justice system, has seen a marked proliferation of its initiatives over the last decade in countries like Australia, New Zealand, United Kingdom, Canada and the United States. Restorative processes are those in which offenders, victims and/or others affected by a crime participate often with the help of a facilitator, in the resolution of matters arising from that crime. Prevailing literature indicates that the intellectual heritage of restorative justice is diverse and rooted in a myriad of theories, beliefs, values and customs. Restorative justice is also used to describe a bewildering range of practices and programmes. While restorative justice draws on existing traditional, indigenous and religious beliefs in dealing with disputes, effective restorative justice practices depend on a well functioning and credible criminal justice system. The current preoccupation with restorative justice by advocates for criminal justice reform is closely related to low levels of access to justice on the part of many South Africans. The extraordinarily high rates of violent crimes in South Africa clearly suggest that restorative justice cannot replace current penal law and procedure. Effective and innovative integration of restorative processes into the formal criminal justice system is just one of the many challenges facing criminal justice systems worldwide. The question that arises is whether restorative processes can and should inform a greater proportion of justice system activity? In answer to this question the present study critically explores the development of the restorative justice paradigm in South Africa both within the criminal justice system, as well as initiatives taking place outside it Since 1994 there have been numerous policies that have sought to incorporate restorative principles. Notwithstanding its growing popularity, its integration into the national criminal justice agenda for reform is fraught with difficulties, both theoretical and practical. The study highlights the difficulties associated with applying restorative approaches in cases of intimate violence against women and children and proposes that the primary focus should be on victim safety and not merely offence seriousness and willingness of the offender or victim to participate. dearly the agenda for implementation and strengthening of restorative practices in the criminal justice system has to go hand in hand with the provision of victim services and support. An integrated, multi-sectoral approach involving collaboration with the relevant government departments is suggested, so that clear strategies may be developed in order that responses may be facilitated from the moment a crime occurs until the final restorative elements have been completed. The study concludes by making recommendations in respect of implementation, policy and law reform, practice guidelines and standards, skills development and training, and curriculum development in the field of restorative justice.
The role of Indian policemen in the South African police force.
(1983) Poodhun, Edward Emmanuel.; Graser, Roland Rudolf.
No abstract available.
A social profile of street children in the Durban municipal area with special reference to their deviant activities.
(1995) Chetty, Vanitha Rakshana.; Graser, Roland Rudolf.
The street child drama being played out on South African streets continues the process of victimisation begun in the families and communities. Deprivation, poverty, and disorganisation are just some of the characteristics evident in the families and communities of street children . The decision to opt for street life in exchange for the grinding poverty and hardships of family and community life, is a stark illustration of children who have no other options, but a life on the streets. The process of becoming a street child ends with the runaway episode and opens new vistas of victimisation for street children .on the streets. One process ends therefore, and another one begins. It is argued in this study that street children are doubly victimised. Victimisation in the streets sets in motion the process of engaging , in deviant careers, which engenders further victimisation . Three themes are evident in the present study, these are causation, victimisation and deviance. From the discussion of these themes it is possible to construct a social profile of street children, before and after street life . Chapter one introduces the subject for study by discussing the background to the study, rationale behind it, aims, theoretical assumptions and definitions of relevant constructs . Chapter two reviews the literature on street children with specific reference to the causation, victimisation and deviance themes. Chapter three provides a methodological account of the research procedure. Chapters four and five present the findings from the empirical study. The perceptions of street children and service providers are discussed within a symbolic interactionistic perspective and highlight the victimisation and deviance themes in the study. Chapter six contains the recommendations and conclusions.
Precedent, policy and possibility : a victimological orientation towards the protection of traditional knowledge in Africa.
Mutsiwa, Andrew.; Peacock, Robert.
The value and importance of traditional knowledge in Africa cannot be over emphasised. Paradoxically, such knowledge within the global knowledge economy is perceived to be raw, archaic and devoid of any economic value and not befitting instructive artificial and scientific exploration. The classification of traditional knowledge in such a negative category has constructively marginalised traditional communities, opening them up to adverse palpable effects which inter alia, include misappropriation of traditional knowledge for commercial exploitation with no or minimal consideration, social disintegration, to the sheer disappearance of the knowledge together with its associated genetic resources. The challenges affecting the victims of traditional knowledge misappropriation and marginalisation in Africa should not be conceived as natural and inevitable but should be traced back, to the history of the integration and subordination of traditional knowledge to the world system of knowledge. Through the aid of a radical and critical victimological paradigm, the thesis sought to identify the source of victimisation of traditional communities through a historical enterprise located in the elements and factors that influence the creation of a social formation, guided by material forces of production with their corresponding superstructure. The findings of this study show that traditional knowledge within post-colonial Africa has become a contested discourse, inundated by a history of oppression, subjugation, colonialism, cultural violence and ideological prejudice. Institutional and structural power relations have been key in the facilitation of the sustained victimisation of traditional knowledge holders in Africa, to the extent that the framework that purports to protect traditional knowledge in Africa, largely reproduces inequality and victimisation of traditional knowledge communities. Within an emancipatory African victimological framework, remedial measures are proposed to dismantle the structures of knowledge imperialism thereby seeking to empower traditional knowledge holders in the furtherance of justice and sustained equilibrium. As such it is proposed that an ‘African victimology’ is not a mere abstract approach but refers to a lived experience that allows for transformation through supplanting deleterious tenets of the intellectual property regime with the humanising values of Maat and Ubuntu. The thesis recommends that the policy framework that protects traditional knowledge communities should recognise the latter as victims of historical injustices and oppression. A policy framework that recognises traditional knowledge communities as victims of colonial and institutional imperialism, will be capable of addressing the factors and conditions that contributed to their marginalisation and victimisation. In this regard, from a theoretical perspective, victims should be empowered to self-assert and affirm dialogue with apprehensions affecting their humanity. Hence, justice is not the procedural and substantial administration of legal rules but the just and proper relational obligations reflective of the cultural conditions, affinities and connections.
A cross-sectional study of traditional police culture themes amongst experienced South African Police Service officials.
Mkhize, Sazelo Michael.; Steyn, Jéan.
There are serious concerns in South Africa lately regarding the change and behaviour of the police officials. Many incidences of police brutality have been reported and some broadcasted on media. The Constitution of the Republic of South Africa, Act 108 of 1996, demands a fundamental re-evaluation and conversion of the nature and style of policing in South Africa from denying the human rights of the majority of South Africans during the ‘apartheid era’ to gaining the trust and respect of all. This means changing the relationship between the citizens and police officials to build an environment that is conducive for all South African citizens. Based on the comments of a representative sample of experienced South African Police Service, this thesis explores the presence of the police culture themes of solidarity, isolation and cynicism amongst experienced police officials, with 10, 20 and 30 years of services . The researcher found substantial evidence of the presence of the police culture themes of solidarity, isolation and cynicism among experienced SAPS officials. Based on the findings of the study, it is argued that new developments in police and policing in South Africa over the last thirty (30) years (whether structure, strategy, policy and/or legislation) have not assisted much in counteracting police culture traits that traditionally accentuate the cynicism of and isolation from the public. In other words, counteracts democratic police and policing principles.
Policy knowledge and bureaucratic management perceptions towards effective and efficient fuel usage in the South African Police Service.
Husselmann, Karel Francois.; Steyn, Jéan.
Executive power comprehends those aspects of the organisation and administration of society which are, at any given time, regarded as properly a matter of governmental responsibility. Understanding as to what matters are properly regarded as the responsibility of government has changed over time, however such matters have always included the maintenance of external and internal security, the promotion of law and order, and the keeping of the peace. Consequently, the operations of the police are accepted as responsibilities of the executive government. Idealistically, police and policing should be performed by highly qualified individuals, supported by the best tools and resources, discharged with the highest professional standards that produce good and accountable managerial results that best serve the people. Paradoxical as it may seem for a programme-heralding performance, New Public Management (NPM) is unable to provide adequate information on its own performance over a twenty-year period. Hypotheses specific to national experiences are too few and too ‘parochial’ since they lack comparative relevance. More specifically, no comparison could be found on the implementation of NPM on national state police vehicle fleet fuel usage systems around the World. More specifically, Government departments in the Republic of South Africa do not have access to unlimited funds and therefore have to manage allocated financial resources effectively and efficiently. The South African Police Service (SAPS) overspent its fuel, oil, and lubricant budget by almost R1.1 billion South African Rand, over the last six (6) years. The current study contributes new knowledge to the NPM theoretical framework by providing adequate information for a comparative national police vehicle fleet fuel usage system, which is a world first. More specifically, the study asked: (i) What are the general vehicle fuel and oil management knowledge of a representative sample of all station commanders in the SAPS? (ii) What are the specific SAPS vehicle fuel and oil management policy knowledge of a representative sample of all station commanders in the SAPS? (iii) What are the thoughts of SAPS station commanders concerning the behaviour of SAPS officials under their control with regards to effective and efficient SAPS vehicle fuel and oil usage? (iv) What attitudes do SAPS officials have towards effective and efficient SAPS vehicle fuel and oil usage according to a representative sample of all station commanders in the SAPS? Two valid and reliable measuring instruments were developed and administered to a representative sample (359/1135) of all station commanders in the SAPS: a) A 20-item SAPS fuel and oil management knowledge test; and b) A 19-item self-report perception questionnaire that measures SAPS fuel and oil management perceptions of SAPS station commanders. The study amongst others found that SAPS station commanders believe that police officials do not find it important to treat state vehicles the same way as they treat their private vehicles. The study also found that the SAPS station commanders, in general, did not have a 100% knowledge base (memory) (as required by SAPS Top Management) of SAPS National Instruction 4 of 2011: State vehicles, that relates to effective and efficient fuel and oil management, and other SAPS policies that guide effective and efficient management of fuel and oil in SAPS. The study amongst others recommended that all SAPS station commanders and their respective subordinates be outcome-based oriented, assessed, and held accountable in terms of SAPS policies and guidelines on the effective and efficient management of fuel and oil.
Audience perception of portrayals of women in selected Lokshin Bioskop films.
Mtshede, Sibusiso Thembalami.; Teer-Tomaselli, Ruth Elizabeth.
This study was aimed at audience perceptions on the representation of women in Lokshin Bioskop films. The purpose of carrying out this research is to find out what the female audience has to say on the female representation in three Lokshin Bioskop feature films. This study will be informed by the encoding and decoding theory. The research explored representations of women in feature films through an assessment of the audience’s perceptions therefore this study seeks to gain an insight into gendered reception hence the focus group participants are women. Three feature films Taxi Ride, Umalokazana and Jezebel have been selected for this study and will be viewed by the targeted audience and representation analysis will be drawn from these films. This study analysed how the audience perceived the representations of women from the three selected Lokshin Bioskop films by the directors.
A criminological exploration of community policing forums in Durban, South Africa: a study based on Glenwood Suburb and Cato Manor Township.
(2018-10) Dlamini, Siyanda.; Singh, Shanta Balgobind.
Crime continues to be a serious problem in South Africa, as the country ranks 3rd on the global crime index as at 2016. The damaging impact of crime on the safety and security of communities, peace and stability in the country as well as its effect on the country’s reputation among potential international tourists and investors, and how all these affect the general quality of life of ordinary citizens need no emphasis. Crime solutions that work, and are cost effective remain elusive. However, due to its success in reducing crime rates in different parts of the world since its introduction in the United States of America during the 1970s, community policing is now a standard ideological and policy model guiding mission statements, goals, and reform programs of most policing agencies across the world. Regardless of its enviable status in the practicing of policing, more than twenty (20) years after the attainment of democracy, the question beckons whether the inception of community policing and particularly community policing forums is an effective strategy within the South African communities to combat and prevent crime. This thesis draws from three theories namely normative sponsorship (Tiedke et al.et al. 1975), broken windows (Wilson & Kelling, 1997) and social resource (Wong, 2008) theories to explore the understanding, organization and challenges of community policing forums (CPFs) in two dissimilar suburban areas in Durban. The aim is to gain a qualitative understanding of its challenges in order to find ways in which community policing as an enviable crime prevention strategy can be improved to make communities safer. The findings collected through focus group discussions and semi-structured interviews with a total number of fifty-five (55) participants comprising of South African Police Service (SAPS) and CPFs representatives, political leaders and ordinary members of the two communities suggest limited knowledge of and affinity to CPFs by community members. This owes partly to lack of communication, resources, trust, as well as political interference and SAPS organisational culture, which affect the functioning of these CPFs. A comparative analysis between the two areas noted differences in participation by the youth, police, and community members as well as their remuneration. Together, these findings suggest that more effort is needed from both the community and the police for an effective functioning of the CPFs. While the findings may be limited to the present case study areas, they indicate that an effective implementation of CPFs in resource-constrained and relatively affluent areas in South Africa demands more attention. There is no doubt that this insight might be usefully adapted to maximize CPFs in a related context in and beyond South Africa. Conceptually, the findings demonstrate that if the fight against crime is to have any meaning, it is essential that community policing, especially CPFs be thoroughly understood. This is particularly important in the South African context because community policing without a clear focus on crime risk factors generally has no effect on crime. These risk factors include the so-called “root causes” of crime. This study ends by pointing to understanding community policing outside cultural contexts as the other important area that warrant further inquiry to address challenges of CPFs that compromise effective crime prevention.
Assessing the extent of child trafficking and national reponse to Southern Gondar, Ethiopia.
(2017) Tolla, Aden Dejene.; Singh, Shanta Balgobind.
Human beings were bought and sold like materials for merchants as an exchange by warriors and kings in the early nineteenth century. Unfortunately, this horrible trade has continued in a more terrible manner called human trafficking or modern-day slavery. The issue of human trafficking is a huge concern for most nations. In Ethiopia, trafficking in person has been a common practice - affecting individuals and communities irrespective of age, gender and ethnicity. Child trafficking in Ethiopia is one of their main social problems. This research aims to explore the extent of child trafficking in Este Worda and Debre Tabor Worda, and to investigate the possible community associated factors which cause child trafficking. The national response to fight and control the problem in Ethiopia was also further investigated in this study. The General Strain Theory and Karl Marx Conflict Theory that had been chosen to further explain of the research questions and objectives. This study applies quantitative research method, descriptive and explorative designs is used to address the research questions and documentary data review reports from governmental and non-governmental experiences of strategies, policies and findings from existing documents. A total of 636 household participants were selected by systematic random sampling technique in order to fulfil the quantitative survey. Analysis was carried out using Statistical Package for Social Sciences (SPSS) version 24.0 statistical software packages. The data was analysed by logistic regression, bivariate analysis of factors association, multivariate analysis and Cross tabulation of factors associated with child trafficking were thus investigated. The study interpreted the quantitative findings to provide a comprehensive understanding of the extent and prevalence, associated factors, and response to child trafficking in Ethiopia. ix According to the research result in the study area, 128 children had been trafficked in to different places. The extent of child trafficking is about (20 percent) in East Este Woreda in 2016. The result of this study is on based on bivariate and multivariate significant outcomes using SPSS to determine the four independent variables (socio-demographic factors, socio-economic factors, information and communication factors and socio-cultural factors) are possible community associated factors which contributed to child trafficking in the society. The Socio-demographic factors (education, age, marital status and geographical exposure) were found be the factors for a child to be trafficked. Socio-economic factors (poverty, parent disintegration, children expectation and parents’ expectation, luck of structured facilities, influence of returns, demand and hotel owners and broker’s effect) were found to be influential factors for child trafficking as well. There were socio- cultural factors (culture e.g. early marriage, parent poor child care skill, gender violence, domestic violence and seasonal factor) which influenced child trafficking in East Este and Debre Tabor Woreda. Information and communication factors (globalisation, factual awareness about trafficking, less awareness of child rights and access to communication) have been found the main contributed factors for trafficking from this research study. The research also shows that child labour issues are common in Ethiopia. The majority of Ethiopian children who participated in such activities, work as part of the livelihoods of their families. Regarding family duties and responsibility, children usually daughters are more responsible for supporting their parents, this result to scarify themselves by engaging in various social practices like servitude and other works in town and inspire in early marriage to endure the problem. Victim’s relatives, friends, associates and family play a significant role in internal child trafficking in Ethiopia. The response of Ethiopian government to child trafficking is positive but it is very limited and cannot combat the problem. However, Ethiopian government has developed and endorsed regulatory and legal frame works and put various measures in place to a fight, control, prevent and address the problem of child trafficking. Due to the condition, implementation problem, poor governance, no direct support for the victims, shortage of skilled police to examine child trafficking, official corruption, low prosecution of traffickers and limited child trafficking policies are those factors for un success out come and low progress to deal with the problem. Despite the legal provision which take the first line render proper justice on brokers and facilitators of child trafficking in Ethiopia, and the child trafficking policies and legislations have proved to be not strong enough to prevent and protect, obviously there is problem with implementation and direct assistance with victims.
Crime prevention, a criminological perspective of Msinga Municipality in the uMzinyathi District, Dundee.
(2017) Zondi, Lawrence Musa.; Singh, Shanta Balgobind.
Crime affects the quality of life for our communities. All South African are directly or indirectly affected by criminal acts and increasing violence that has become associated with these acts. Internationally it has found that crime and violence erodes social cohesion, limits mobility and erodes citizens’trust in the state to protect them (Crime Prevntion Management Course 2014:14). Reducing and building safer communities must be a priority in South Africa. In order to achieve this, crime prevention must be initiated at the community level. Safety is a core human right. It is necessary condition for human development, improving the quality of life and enhancing productivity. Early strategies regarding the provision of safety and security in the country centred on installing collaborative working relationships among key government departments and stakeholders. The holistic approach was articulated in the 1996 National Crime Prevention Strategy. This strategy was geared towards the development of integrated crosscutting programmes. The role played by community safety structures cannot be underestimated in terms of fighting crime. These structures involved inter alia: Community Policing Forums (CPF’s), Community Safety Forums (CSF’s), Community crime prevention association (CCPA), Volunteer social crime prevention programme (VSCPP), Ward Safety Committees, VD Safety teams and Street Committees. The National Development Plan recognises that crime and violence is not just a security issue, but it is multi-faceted. Addressing these cannot be seen as the mandate of the criminal justice system alone, but rather requires the involvement of all government departments, particurlarly those within the social and economic clusters. The National Development Plan recognises that crime and violence is not just a security issue, but has deep social and economic roots consequences (National Development Plan, Vision 2030). Social crime prevention means the prevention of social crime (that crime such as domestic violence, rape, murder, robbery, assaults and theft. Sometimes the concept also encapsulates the crime prevention programmes and approaches that are implemented by our society, organisations, communities and by people who are not part of the criminal justice system and its ultimate objective is to remove the reasons or cause of crime so that it does not take place. Over time, theorists and practitioners have realised that the most effective way to address crime is to prevent it from happening, rather than to respond to it once it has been committed. Social crime prevention addresses factors that influence an individual’s likelihood of committing a crime, such as poverty, unemployment, inequality, poor health care, and low educational performance (Crime Prevention Training Manual, 2013). The role-played by Amakhosi, izinduna, different government departments, criminal justice system and civil society in terms of fighting crime cannot be overemphasised and should be the priority of government at this day and age. The study will highlight the fundamental role of community safety structures such as CPF, CSF, CCPA, VD Safety Teams, Street Committees, etc, and meaningful contributions played by Amakhosi in the fight against crime in our communities. The combination of these community safety structures with the Criminal Justice System will add value in our endevours to prevnt crime crime. It must be remembered that these structures are not getting the attention and support they deserve from our government in the sense that they should be provided with sufficient resources such as stipend, offices, computers and motor vehicles. Some of these structures are not even highly recognised by memebers of the SAPS at the station level, and they are always called or referred to, the people of the CPF Coordinators. Sometimes the station commanders and senior memebers from the police do not even bother to attend CPF meetings at the police stations. Fundamentally, it remains the responsibility of the government to make sure that these community safety structures are continuously receive training, workshop in order to function and operate under the parameters of the law. It is our responsibility as law enforcement agencies to continuously capacitate them to avoid lawlessness and vigilantism in our communities. Violence and crime can change social networks and interactions and create mistrust, not only of the state, but also within communities. This will result to our communities more vulnerable to crime and subsequently perpetuates crime and violent crime (Crime Prevntion Management Course 2014:14).
A comparative analysis of recidivism with specific reference to crimino-victimogenic variables, offence analysis and programme participation.
(2017) Cronje, Matthew.; Peacock, Robert.
Recidivism research is an important area of study within the field of Criminology as it can provide valuable insight into the effectiveness of current sentencing practices and correctional interventions alike. An understanding of the factors associated with the continued involvement in offending behaviour after the completion of a formal correctional sentence is essential, not only from an intervention perspective but also in terms of policy development and legislation. Despite this importance, there is however a distinct dearth of both theoretical and empirical understandings of recidivism and its associated factors. It is for this reason that the current study aimed to develop an understanding of the criminogenic and victimogenic factors associated with recidivism in South Africa including the effect of programme participation and offence type. The lack of existing frameworks focused on recidivism made it necessary to utilise research strategies that were of an exploratory, descriptive and explanatory nature. Primary data needed to be collected and then tested on a larger scale to both identify and verify the factors associated with recidivism in the South African context. The study was furthermore underpinned theoretically by the cognitive-behavioural theory due to its proven effectiveness as an intervention approach in the correctional and clinical environment. A purposive sample of 252 total participants were drawn from the Western Cape, Limpopo, Mpumalanga and Gauteng provinces in South Africa to participate in either the qualitative (interviews and focus groups N=50) or quantitative (questionnaires N=202) phases of the study. The results from the qualitative phase of the study were used in conjunction with the theoretical and empirical perspectives to develop a quantitative measuring instrument to test the variables identified (cognitive-behavioural, victimogenic, social, environmental and other) on a larger scale. In addition to the factors associated with recidivism, programmatic and general variables were also included in the final measurement instrument. Inferential (chi-square and correlations) and descriptive (means, standard deviations and frequency distributions) statistical analyses were utilised to compare the participants’ responses to the above mentioned factor domains and provide a general description of the characteristics of the sample respectively.
A criminological analysis on safety and security of African foreign nationals in Durban, South Africa.
(2019) Cinini, Samuel Fikiri.; Singh, Shanta Balgobind.
The South African local citizens are not xenophobic, but they are rather forced to behave as such due to poverty, unemployment and serious social inequalities that characterise their communities. If these conditions are addressed through improved service delivery, foreign nationals could be spared from the blame. The scapegoating theory shows that local citizens do not hate foreigners but rather blame them because of strains caused by unsatisfactory life conditions which lead them to violent reactions against foreign nationals mostly from African countries. This research was undertaken to explore the threatening factors and experiences faced by foreign nationals on their safety and security in the city of Durban South Africa. The study adopted a qualitative methodology consisting of 50 in-depth interviews with African foreign nationals living in the city of which 16 African countries were represented in the research. Nevertheless, the displayed acts during the xenophobic [violence] attacks are of serious concern within the field of criminology holistically. Common law offences, such as; [physical] assault (I.e. Grievous Bodily Harm - GBH), arson, rape, injuries verbal abuse, house robberies, property damage as well as discrimination are serious crimes characterised by xenophobic violent attacks on foreign nationals. This urges for the re-definition of the concept “xenophobia” from a criminological perspective. Previously considered as mere hatred sentiments or negative attitudes towards foreigners, this research provides a different way of understanding xenophobia. This criminological analysis on safety and security of African foreign nationals in the city of Durban suggests that xenophobia can best be understood as a series of crimes against foreign nationals -which are violent in nature leading to physical beating, killing and the looting of goods as well as destroying of properties owned by foreign nationals. These crimes are a serious violation of human rights affecting the human security of the people victims as they constitute a violation of both the international humanitarian laws and national laws providing protection of the human rights of every individual. The issue of safety and security of African foreign nationals is threatened by constant fear owing to experiences of violence and discrimination, social exclusion marked by anti-immigrant attitudes by some local citizens. Local authorities, community members and the government need to come together in association with foreign nationals’ representatives and re-think possibilities of social integration and cohesion. As with anyone, foreigners’ nationals living in South Africa must have unhindered access to the socio-economic and cultural facilities available in communities they live. This will make them feel part of the community. Since the South African government is a signatory of different international frameworks and treaties accepting to temporarily and permanently host people from other countries worldwide, different awareness campaign programs are needed within the communities aiming at creating an environment of understanding the importance and need of living with people from different nationalities. This itself will create a safe and happy place for both South African citizens and foreign nationals residing in the country.
A criminological investigation into the South African correctional services approach towards offenders' rehabilitation: a case study of the Westville Correctional Centre in Durban, KwaZulu-Natal.
(2019) Murhula, Bashizi Bashige.; Singh, Shanta Balgobind.
The South African Department of Correctional Services has a constitutional mandate to provide rehabilitation programmes that address offenders’ criminal conducts. The rehabilitation approach currently used to deliver this mandate is grounded on the needs-based model where dynamic factors associated with recidivism are systematically targeted in the treatment of offenders’ criminal behaviours. But the reality of the matter is that there are systemic problems that challenge the Department of Correctional Services both conveying its moral messaging and fulfilling its legal commitment to the rehabilitation of offenders. It is alleged from the media reports that South Africa still has one of the highest crimes and recidivism rates in the world. The high crime rate in South Africa created a “rush to incarcerate”, but little attention has been paid to its rehabilitation approach. When offenders re-offend, they are frequently blamed, yet ineffective implementation of rehabilitation programmes is rarely considered to be at fault. This study, therefore, aimed to investigate the South African rehabilitation approach at the Westville Correctional Centre. A literature study aimed at describing essential information related to the study and theories applied in designing rehabilitation programmes was expounded. Thereafter an empirical investigation was conducted. Qualitative research methodology was employed, and a case study research design was utilised. Purposeful non-probability sampling was utilised to involve inmates and Westville Correctional Centre personnel in the study. Thirty inmates and twenty Westville Correctional Centre officials who met the inclusion criteria for the study were selected to participate. Semi-structured interview schedule and focus groups were used to collect data during the empirical investigation. Through analysing the results, the findings of this study demonstrated that the Department of Correctional Services mission is far to be accomplished due to its failure to implement rehabilitation programmes. Data generated in this study indicates that the approaches used in implementing rehabilitation strategies may not be well comprehended by the officers. Furthermore, the issue of overcrowding at the Westville Correctional Centre is the major factor inhibiting successful implementation of needs-based care rehabilitation programmes. Besides overcrowding problem, the Westville Correctional Centre structure does not allow for offices for professionals to implement rehabilitation programmes. The research study, therefore, recommends that if correctional centres in South Africa is to have any success in reducing re-offending, then a critical review of the strategy meant to achieve this goal is required. International literature has proven that the implementation of effective rehabilitation programmes can reduce reoffending and can be more cost-effective than other forms of sanctions.
Perceptions and experiences of learners on the banning of corporal punishment in South African schools: a case study of four township schools in the Pinetown district of KwaZulu-Natal.
(2018) Ngubane, Londeka Princess.; Mkhize, Sazelo Michael.
The use of corporal punishment is not a new phenomenon in the South African education system as it was, for a long time, recognised as a fitting form of punishment for ill-disciplined and disobedient children. The growing recognition that corporal punishment is an act of violence against children has resulted in the abolishment of this form of punishment in society and particularly in schools. However, regardless of criminalising corporal punishment, it appears to be a disciplinary measure that is persistently used by some educators. Historically and currently, the intimate connection between corporal punishment and discipline has not merely been a convention of human thinking, as this practice is given recognition in various definitions in dictionaries. ‘To discipline’ is habitually stated to mean ‘to punish’. The notion of ‘disciplining children’ also comes from entrenched common conceptions about children and their relationship with adults. Corporal punishment has, for a long time, been associated with the rearing and education of children and this practice thus pervades schooling across nations. In many societies, punishment is a term that is closely linked with the self-perception of teachers who feel that they must be ‘in control’ and have ‘the upper hand’ in order to be respected. This impression of control is evident in the widespread conception of education which is to ‘socialize’ children in ‘desirable ways’ of ‘sitting in a formal classroom’, ‘behaving’ in school, ‘following instructions’ from the teacher, talking only when asked to, and finishing tasks on time. Many South African teachers thus do not understand the true meaning of discipline. The unequal power relation between adults and children further enhances the problem, as children adopt cues of authority from school and home and begin to accept violence as a way of life. Over the past years, several gruesome acts of corporal punishment have come to light through media reports of some incidences which had led to the death of children. Due to fear, children often remain silent and submit to violence without questioning such acts of punishment. Many children display signs of deep hurt in their behaviour, but this often goes unnoticed, which exacerbates the cycle of violence. Research has reliably revealed that the use of physical punishment against children hampers the attainment of respect for discipline. This form of punishment seldom provokes children to act inversely, as it does not convey an understanding of what they should to be doing, nor does it produce any kind of reward for being upright. The fact that teachers and principals often have to repeat the administration of corporal punishment for the same offense by the same child attests to its ineffectiveness. In countries where corporal punishment has been abolished, there has been no indication that the disruption of discipline in schools has escalated. This goes to show that disturbances are conveniently and ubiquitously censured on children as they are very vulnerable and cannot defend themselves. Numerous studies have indicated that corporal punishment modifies and often destroys the self-perception of the victim. Teachers habitually beat children because they themselves were beaten when they grew up. Children thus acquire negative behavioural patterns from their teachers as they identify with them. Moreover, placing the blame on the previous generation of teachers who used corporal punishment to discipline children is pointless, as they were acting in accordance with apartheid and international laws or cultural customs that sanctioned this form of punishment under certain conditions. The notion of punishment is closely related to human conceptions of childhood and education. It is also a conventional datum that childhood is a concept that emerged in the nineteenth century. Passé widespread thinking related to children such as ‘spare the rod and spoil the child’, ‘children are empty vessels’ and ‘children need to be moulded’ persists in the mindset of many modern-day educators and has frequently underpinned the ideologies of established school practices. The duty to safeguard children from physical punishment lies in the hands of teachers, principals, education administrators and all other stakeholders and does not exclude parents. It was against this backdrop that a comprehensive review of relevant literature was undertaken and that individual interviews were conducted with fifty learners from four schools (two junior secondary and two senior secondary schools) in a selected township area in KwaZulu-Natal Province. The main aim of the study was to explore and thus understand learners’ views on the administration of corporal punishment regardless of the fact that it was legally abolished. It was envisaged that the interviews with the learners would elicit rich data that would enhance the researcher’s insight into their perceptions of the persistent use of corporal punishment as a disciplinary measure in their schools. The study was thus premised on the assumption, which had been strengthened by anecdotal and media evidence, that corporal punishment was still administered in some schools in South Africa and in schools in the study area in particular. A qualitative study design facilitated the collection of the desired data by means of semi-structured interviews. The interview schedule contained both open- and closed-ended questions. The data were analysed by means of the thematic analysis procedure which facilitated the illumination of various emerging themes. The analysis of the data was framed by three scholarly theories: the theory of the subculture of violence; the differential association theory; and the deterrence theory. The findings suggest that, regardless of the legal framework that criminalises the use of corporal punishment, the administration of this form of punishment persisted in the schools under study. The interview data were validated by the findings of preceding studies that had found that some educators still used corporal punishment despite their knowledge that it was banned by the South African government in 1996. The findings revealed that corporal punishment ranged in severity and for diverse reasons and that it had adverse physical and emotional effects on the learners. Conversely, a minority of the learners supported this form of punishment as they perceived it to be effective in curbing misbehavior in schools. The findings also suggest that some learners had become so insensitive to the pain inflicted by corporal punishment that their delinquent behavior was exacerbated rather than curbed.
Socio-economic context of Boko Haram terrorism in Nigeria.
(2018) Olofinbiyi, Sogo Angel.; Steyn, Jéan.
There have been widespread assumptions across the globe that the root cause of Boko Haram terrorism in Nigeria is religious rather than socio-economic. An investigation into this dichotomy allowed this study to fully demonstrate the root cause of Boko Haram’s terrorist actions as a twin phenomenon that emanated from religious injunctions and the non-fulfilment of socio-economic goals that are prompted by the violation of fundamental human rights, corruption, poverty, unconstitutional and undemocratic practices in the northern part of the Nigerian state. To achieve its aim of examining the root cause of the terrorism crisis in the latter country, the study critically appraised the public perceptions on the socio-economic context of the insurgency by investigating the pattern of its maintenance from 2009 to 2017, examining the socio-economic consequences of the crisis, and identifying possible techniques for resolving the problem. The study adopted a qualitative methodological approach using in-depth interviews involving forty (40) participants to interrogate the phenomenon of the insurgency by Boko Haram in Nigeria. The study advanced a theoretical integration of the social exchange, social conflict and rational choice theories to explain a combination of the factors that were found to produce, reproduce and sustain the crisis in Nigeria. Empirical evidence from the study demonstrated that the evolution of Boko Haram terrorism was not only religiously inclined but also subject to socio-economic phlebotomy, political and moral putrescence, and the dehumanization of people that stemmed from a combination of decades of mismanagement and pervasive corruption by various Nigerian leaders. The study concludes that, as long as the endemic socio-economic problems caused by global capitalism vis-a-vis unequal hegemonic power exchange as expressed in socio-political, ethno-religious and cultural forms persist in the Nigerian society, the terrorism insurgency will recur and remain an inevitable enterprise and indeed a normal social reaction to every undesirable state of affairs. Based on the findings, the study urges the need for the amelioration of the conditions of the vast majority of the Nigerian populace by making socio-economic facilities available to them through the political state. The study recommends that the Nigerian state must respond to a new paradigm in counter-terrorism strategies by shifting from a violent military approach to more appropriate culturally acceptable conflict resolution strategies in order to win the war against Boko Haram terrorism and to eradicate this menace from the Nigerian society. This approach can best be accomplished through intelligence gathering, an emancipatory struggle, collaborative efforts, peaceful negotiations and partnerships with local communities.
An exploration of the association between the whoonga/nyaope drug and criminality through the eyes of convicted drug offenders in three metropolitan cities of the Republic of South Africa.
(2019) Ngcobo, Siyanda Brightman.; Steyn, Jéan.
Illicit drug use has become a matter of worldwide concern. In South Africa, statistics have revealed that a third of the population admitted to using drugs during the year 2017, and about 20% of incarcerated prisoners admitted to having used an illicit drug. Drug addiction has a direct and major impact on the escalation of drug related criminal activities in the three major metropolitan cities of South Africa, namely Durban, Cape Town and Johannesburg. Statistical data reflect a high correlation between drugs and criminal activities related to property and violent crimes. This has brought the spotlight upon these three metropolitan cities from various perspectives in a number of recent research studies. However, the current study focused on understanding how the Marxist class conflict theory and the rational choice theory underpin our understanding and appreciation of the relationship between the criminal intention of drug users and the rational thinking of these individuals. It was in this context that the study explored the concept of drug use and abuse with specific reference to the drug known as ‘whoonga’ or ‘nyaope’. Published reports and statistical data were perused in order to understand the link between drug usage and criminal activities. The literature highlighted the problematic issues in South Africa in relation to drug proliferation, drug addiction and criminality. The review included reports by the United Nations, drug and crime reports pertaining to African countries and, in particular, South African Police Service (SAPS) drug and crime reports in order to understand and evaluate the drug-crime scenario in this country. Primary data were collected and triangulated with the information obtained by means of the literature review. Using a scientific statistical instrument, the primary data that had been collected were thoroughly analysed to derive at trustworthy and viable results. The study took cognisance of the fact that the Constitutional Court of South Africa, which is the highest court of the land, made a landmark ruling in 2018 in which the private use and cultivation of dagga or cannabis were decriminalised and declared legal. However, this research revealed that the use of and trade in dagga is a gateway to the use and abuse of serious and damaging illicit drugs, particularly whoonga, which is highly addictive and easily accessible by the poor. The convicted offenders who participated in the study admitted that dagga was the cheapest drug available for the poor and was an omnipresent ingredient in different whoonga cocktails. The study found that heroin based drug users all suffer from substance dependency and that the withdrawal symptoms are extremely painful, to the point of intolerant pain. Often the need for money, the need for temporary escape from reality, and the fear of imminent withdrawal symptoms compel whoonga/nyaope drug addicts to do ‘absolutely anything’, regardless of the consequences, to get the next hit.
A victimological analysis of physically disabled children as victims of violence in the Eastern Cape Province of South Africa.
(2018) Sibanyoni, Ephraim Kevin.; Singh, Shanta Balgobind.
This study focused on a victimological analysis of physically disabled children as victims of violence in the Eastern Cape. The researcher proposed four objectives for the purpose of the study as follows: to explore forms of violence these physically disabled children experience in the Eastern Cape; to determine if physically disabled children are the victims of violence due to their disability in the Eastern Cape; to determine the effects of violence these physically disabled children experience in the Eastern Cape; and to explore whether the violence experienced by physically disabled children is reported to the criminal justice system in the Eastern Cape. The total sampling size for the purpose of this study was one-hundred and ten (110) respondents. Broadly, the research sample comprised of 100 physically disabled children from two special need schools (50 from each) based in the Eastern Cape and 10 officials (caregivers) from both special need schools, each contributing 5 respondents. These 100 physically disabled child respondents had to satisfy the following conditions: reside in a special needs school hostel in the Eastern Cape, be between the ages of 12-18 years, and be physically disabled and from any racial and socio-economic group. Caregivers were selected based on years of experience working with disabled children. These respondents were chosen according to their knowledge of the research content and their experience in the context studied. For this study, the researcher made use of two sampling techniques i.e. accidental sampling for selecting physically disabled respondents and purposive sampling for selecting caregivers of the physically disabled children. Accidentally means that any physically disabled child who is willing to meet with the researcher and has any knowledge of the research topic will be included in the sample until saturation is reached. Thus, research participants were selected based on their availability and willingness to take part in the research (Gravetter and Forzano, 2003: 125; Strydom and Venter, 2002:207). Purposive sampling was employed in selecting all caregiver’s respondents. The researcher chose this technique of sampling because it helped in choosing the most relevant or knowledgeable respondents with regard to the topic under study. The researcher used triangulation when collecting data. The researcher used a questionnaire and in-depth interviews. The questionnaires were used to source the data from the physically disabled children whilst the in-depth interviews were used to collect data from the caregivers. The collected data from the respondents was analysed by using SPSS Version 22 and thematically where narrative writing was utilised. Findings: the study finds that most physically disabled children under study experienced various forms of violence/abuse such as rape, sexual assault, physical abuse, emotional abuse, bullying, and neglect. The study finds that, these physically disabled children are victimized due to their disability. Their disability conditions makes them vulnerable to victimization. The study also finds that these physically disabled children succumbed to severe long-term effects because of their victimization. The abuse they experienced have had long-term damaging effects. The study further finds that, most of the abuse/crime committed against these children are not reported to the police. In turn, the perpetrators are not subjected to the criminal justice processes. The study also finds that these children prefer to report the abuse to their teachers than to other individuals. Recommendation: The researcher recommends that future researchers might need to conduct research on victimization of physically disabled children in public transport. The current study protruded that there is somewhat victimization of physically disabled children occurring in public transport. As this was not the focus of the study, other researchers might wish to expand on this phenomenon. Further research is needed to investigate bullying occurring in special needs school, where physically disabled children bully each other. The findings of the study indicated the prevalence of bullying between physically disabled children, however more insight of the phenomenon is needed. Lastly, other researchers might explore the attempt of infanticide of infants with disabilities because of their disabilities. The present study found existing relationships between abuses of physically disabled due to their disabilities; however, there is limited knowledge on infanticide of physically disabled children because of their disability. Researchers can expand on this phenomenon by using a bigger sample size.
Exploring learner resilience to school violence in a township secondary school in Durban KwaZulu-Natal.
(2019) Kistnasamy, Bonita Adele.; Gopal, Nirmala Devi.
The purpose of this study was to explore learner resilience to school violence in a township secondary school in Chatsworth near Durban, KwaZulu-Natal. Specifically, the study sought to describe the nature of school violence, identify and describe the internal characteristics of resilient school learners, determine the external factors that contribute to resilience of school learners, determine what skills resilient school learners in a township school use to cope with school violence, and develop a framework that fosters resilience among learners. A simultaneous mixed methods approach of both qualitative and quantitative study designs was adopted. The sample comprised of 52 Learners, 6 Educators, the principal, the Head of Department for Life Orientation (LOHOD) and 7 Learner Parents. The quantitative data collection component used the Resilience Scale for Middle-adolescents in a Township School (R-MATS) questionnaire, administered to the 52 learners, and the qualitative data collection component used face-to-face interviews and focus group discussions with 12 Learners, 6 Educators, the principal, the LOHOD and 7 Learner Parents. The main factors seen as constituting risk for township school learners were that a lot of violence was seen around the community, there were many stressors, and participants spoke of bad life experiences. Among external factors, school environment was found to be the most lacking for those learners who reported that they fought a lot at school. Results indicated a neglect of problem learners by teachers, or an inability to deal with their problems. Some of the coping skills mentioned were positive commitment towards learning, taking part in extramural activities such as sports and music, and having a positive attitude towards life. The study recommends a framework that combines both the invitational education framework and the resilience wheel framework into one framework named ‘Invitational Resiliency Framework’.
Partnership building in public policing: communities’ perceptions towards the role of community policing forums in crime prevention in Mthatha (Eastern Cape)
(2019) Mlomo, Patricia Noma.; Singh, Shanta Balgobind.
Conducted in Fortgale and Southernwood (Mthatha, Eastern Cape), the primary aim of the present study has been fostered by an exploratory-descriptive analysis of the respondents’ perceptions of the Community Policing Forums, in particular. The study seeks to statistically ascertain whether the Community Policing Forum initiative is an ideal partnership building technique for crime prevention in Fortgale and Southernwood. The research further seeks to establish the nature and extent of community participation in the Community Policing Forum meetings. Also imperative is the need to identify the nature and extent of the most salient problems or barriers between the communities and the public regarding Community Policing Forum and crime prevention. It is also incumbent upon the researcher to ascertain the respondents’ degree of understanding of the meanings of the following concepts; community policing and community police forums as logical foundations for a democratic approach to policing in South Africa. Generally, community policing should manifest itself through a major paradigm shift from centralised police departments that practise reactive policing, to more decentralised police structures that emphasise a proactive and problem-solving approach where the police work in close partnership with the communities they serve. This contemporary approach has four clear functions, namely: (a) the public advising the police about their immediate problems and needs, (b) the police educating the public about crime and disorder, (c) the ventilation of grievances by both ‘sides’ and (d) the provision of feed-back by the police about their successes. According to Sutherland (1950), criminal behaviour is acquired through interacting with criminals. Research indicates that a routine activity and the changes in activity patterns often create an opportunity for the commission of crime or increase the risk of direct-contact and predatory violation because it brings together three elements, namely: a motivated offender, a suitable target and the absence of a competent guardian at a given place and time (Cohen and Felson,1979). Anomie is a concept developed by Emile Durkheim (1858-1917) to describe an absence of clear societal norms and values. The researcher used a mixed-method approach, comprising the pre-experimental design (one short case study) and the non-probability sampling. The sample size comprises 300 respondents and 150 respondents were recruited from each one of the two areas of study. The findings revealed that the Community Policing Forum is an ideal tool for crime prevention and its effectiveness is quite apparent; and evident from the findings is that the public from both areas is well educated about community policing. Furthermore, the present study is further poised for the creation of a sustainable partnership between the police and the public in both Fortgale and Southernwood, which are the two areas of investigation.
A criminological investigation into the lived experiences of cybercrime perpetrators in southwest Nigeria.
(2020) Ojolo, Tolulope Lembola.; Mkhize, Sazelo Michael.; Olofinbiyi, Sogo Angel.
Internet fraud, also known as ‘yahoo-yahoo’, has become very popular in Nigeria, especially among the youth. Adopting a qualitative research design through a phenomenological lens, this study investigates the experiences of cybercrime perpetrators, otherwise known as ‘yahoo-boys’, in Nigeria. It seeks to understand the factors influencing and sustaining youth involvement in cyber criminality in Nigeria. Painstaking in-depth interviews were conducted with 29 yahoo-boys across three cities in Nigeria namely, Lagos, Ibadan and Ado-Ekiti. The study adopts the arguments of Robert Merton’s Strain Theory and Rational Choice Theory as a theoretical framework. Findings suggest that poverty, unemployment, corrupt political leadership and law enforcement, failure of vital social institutions to meet the needs of most of the population, as well as the proliferation of internet service providers have all merged to create a booming business of cybercrime in Nigeria. Narratives of yahoo-yahoo among the yahoo-boys vary from some admitting that it is a criminal act to others seeing it as an opportunity to escape the harsh socio-economic realities of Nigeria. Some also see it as an avenue for retribution and the redistribution of wealth. Some of these yahoo-boys believe that because most of their victims are based in rich western countries, they are taking revenge for the years of exploitation and oppression Africa has suffered through slavery and colonialism. Yahoo-yahoo is maintained and sustained through a highly sophisticated network of inter-continental groups of individuals and interests pooling resources together and sharing information and skills with the intent to defraud harmless individuals, business organisations and government parastatals across the globe. They pass on their skills and knowledge to recruits who, most times, consider themselves lucky to be joining the bandwagon through a structured system of apprenticeship and mentorship. The entire network of yahoo-yahoo is built on reliance and collaboration, and more recently has begun exploring elements of the supernatural- spiritualism, to boost the trade. It was brought to the fore that the efforts of the government to curb this illicit trade have been marred by corruption. Therefore, the study concludes that yahoo-yahoo is an endemic problem in Nigeria that requires a broad, systemic, and multi-level intervention. The proliferation of yahoo-yahoo in the country does not just bring to the fore the consequences of the harsh socio-economic reality Nigerians endure, but its normalisation as an inescapable reality for some young people among various groups of people show the decadence that has pervades in the country’s moral norms and ethical codes. To address the problem there is the need for an attitudinal change. Yahoo-yahoo must be labelled as a crime and not an avenue to escape poverty or get retribution. The government must address unemployment, invest in poverty reduction initiatives, and provide better remuneration across the board. There will be a further need to purge the Nigerian law enforcement agencies of corruption and constantly (re)train its officers on how to handle cybercrime. If initiatives such as sport development programmes and skills acquisition programmes are part of the education curriculum, young people will have the opportunity to develop capacity in other conforming areas of life that could yield a better remuneration in their adult life.

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