Doctoral Degrees (Criminology and Forensic Studies)

Permanent URI for this collectionhttps://hdl.handle.net/10413/7766

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A criminological inquiry into life insurance fraud in KwaZulu-Natal: an exploratory study.
(2023) Mthethwa, Nomathamsanqa.; Mkhize, Sazelo Michael.
Abstract available in PDF.
An examination of the social context of sexual victimisation of female students in institutions of higher learning in KwaZulu-Natal (Durban)
(2022) Makhaye, Mandisa Samukelisiwe.; Mkhize, Sazelo Michael.
Sexual victimisation is a serious violation of human rights, as well as a safety and public health concern. It does not only occur in one dimension or among a specific race group, but it affects all classes, races, settings, and circumstances. The aim of the study is to uncover the social context of the phenomenon of sexual victimisation in three selected institutions of higher learning in KwaZulu-Natal (Durban). The study's objectives are to investigate the nature of sexual victimisation against female students in Durban's selected universities; to determine the contributing factors to sexual victimisation against female students; to investigate the effects of sexual victimisation on female students; to investigate the lack of reporting of sexual victimisation by female students; and to evaluate the usefulness of current strategies for policing sexual offences in the selected universities. The Routines Activities Theory and the Integrated Theory of Sexual Offending guide the research. Both theories explain sexual victimisation in terms of the victim and the perpetrator, highlighting the explicit factors that contribute to the prevalence of sexual victimisation. A total of 46 participants were purposively sampled from three universities in Durban, and data was collected through interviews and thematically analysed. According to this study, incapacitated sexual victimisation is more common on campus than forcible rape, in which perpetrators use threats or physical force. This could be attributed to both the victim's and the perpetrator's excessive alcohol consumption and drug use. Victimisation can lead to social withdrawal, trauma, depression, and poor academic performance. Furthermore, some victims are infected with sexually transmitted infections (STIs) and sexually transmitted diseases (STDs), while others become pregnant. Furthermore, the study discovers that Student Representative Council (SRC) and lecturers abuse their power by requesting sexual favours from female students in exchange for securing a residence or grades. Statistics on sexual victimisation are unreliable because young female students are reluctant to report sexual victimisation to authorities. Some of the reasons for non-reporting include a fear of secondary victimisation and a lack of trust in institutions. According to the study's recommendations, the curriculum should include sex education to instil an understanding of consent and to foster dialogue and consistent awareness of sexual victimisation within the institution. Additionally, policies should be efficiently implemented according to the stipulated objectives. Furthermore, the study recommends upgrading security measures, establishing a gender-based violence (GBV) centre, capacitating security personnel to deal with cases of sexual victimisation, and forming a partnership with the South African Police Service (SAPS) to encourage a transparent and efficient investigation process. Finally, institutions should implement an online reporting portal to create a safe space for victims to report.
Counterfeit pharmaceutical products in South Africa: a criminological examination.
(2023) Nihal, Trevonia.; Jagganath, Gerelene.
This study focused on the criminological examination of counterfeit pharmaceutical products in South Africa. The researcher proposed six objectives for this study, and they are as follows: to determine the extent of counterfeit pharmaceutical products being produced in South Africa; to examine how South African police officers are trained to detect counterfeit pharmaceutical products; to examine and investigate the legislature that South Africa has in place to deal with counterfeit crime; to investigate how the internet facilitates criminal organizations that deal in counterfeit pharmaceutical products; to determine the factors that contribute to the influx of counterfeit pharmaceutical products in South Africa; and to investigate the public health interventions that South Africa has in place to protect citizens against counterfeit pharmaceutical products. The researcher utilized the rational choice theory and the general strain theory as the theoretical underpinning of this study to explain the phenomenon of counterfeit pharmaceutical products in South Africa. These theories proved to be relevant as they allowed the researcher to understand and explore the research phenomenon in the context of South Africa, where the study is based. The study employed an exploratory research design and utilized the qualitative research method. The sample size for this study comprised of twenty-five (25) police officers, of whom fourteen were from the Commercial Crime Branch in Prospecton, and eleven (11) were from the Directorate for Priority Crime Investigation (the Hawks) in Durban Central. The researcher used the purposive and snowball sampling technique to select the respondents for the study. The researcher chose these techniques as they proved helpful in selecting those respondents that were most relevant and knowledgeable regarding the topic under study. To gather data, the researcher employed one-on-one semi-structured interviews and utilised an interview schedule of predetermined questions emanating from the existing literature on the phenomenon. The collected data was transcribed and then thematically analyzed to produce an interpretable report. In conducting this study, the researcher adhered to all the ethical considerations as stipulated by the Ethics Committee within the University of Kwa-Zula Natal and obtained permission from the relevant gatekeepers. The researcher informed the respondents that their participation was voluntary and ensured confidentiality and anonymity to each respondent through the informed consent form. Findings: the study finds that counterfeit pharmaceutical products are not necessarily produced in South Africa but are brought into the country as a result of porous borders, scarcity of law enforcement at the borders to prevent counterfeit pharmaceutical products from entering the country, high demand for more affordable pharmaceutical products and the opportunity to financially benefit from the fear, panic and desperation surrounding sickness as well as the COVID-19 pandemic. The study finds that 60% of the respondents indicated that they received either formal or informal training, with some stating that they received both. The study finds that the legislature surrounding counterfeit crime is limited in that it permits much leniency towards counterfeiters by imposing a fine rather than a term of incarceration for the accused counterfeiter. The study finds that the internet facilitates criminal organisations by allowing counterfeiters to operate anonymously and behind layers of encryption, thus making it challenging for law enforcement to trace and identify them. The study finds that while various factors cause an influx of counterfeit pharmaceutical products in the country, the most contributing factors are unemployment that leads to poverty, demand for affordable pharmaceutical products, profitability, and lenient legislation and its poor enforcement. The study finds that 84% of the respondents were unaware that South Africa has any public health interventions currently to protect citizens against counterfeit pharmaceutical products. Recommendations: The researcher recommends that future researchers research the effects of counterfeit pharmaceuticals on chronic medicine users and the dangers that ingesting it might have on an individual who requires the legitimate version. The researcher recommends to law enforcement that all police officers receive some induction on counterfeit products but with greater focus on products that could result in a fatality, such as counterfeit pharmaceutical products. The researcher recommends that the South African government, together with the relevant role players (such as the Department of Health), implement functioning and effective approaches to create awareness of counterfeit products and pharmaceutical products specifically. The researcher strongly recommends that the community continuously educate themselves on the harms of counterfeit pharmaceuticals and the effects of ingesting substandard medicines on the human body. Under the assumption of providing relief to a medical condition, the consumption of counterfeit pharmaceuticals can result in more illness instead of relief from it. The researcher recommends that individuals visit registered healthcare providers or hospitals to ensure that they receive treatment with medication that is authentic and safe for human usage.
Understanding femicide in South Africa: the study of non-intimate femicide in KwaMashu and Umlazi in Durban.
(2024) Diko, Bongolethu.; Singh, Shanta Balgobind.
Non-intimate femicide is a rapidly increasing pandemic both nationally and globally, and this crime has deprived many women of their fundamental human right to life. As a result, numerous countries have enacted legislation specifically designed to address the issue of non-intimate femicide. However, in South Africa, non-intimate femicide is not recognized as a separate crime category that requires specific attention, and statistics of this crime are generally lodged with those of murder. Due to a lack of knowledge of femicide among both individuals and scholars, there is limited understanding of the factors that contribute to non-intimate femicide. Moreover, historically the government implemented only a few preventive measures to address this phenomenon, but the wide-spread prevalence of femicide in South Africa, which is a criminal act during which women are targeted and killed by their intimate or non-intimate partners, has prompted the government and researchers to prioritize the issues of intimate and non-intimate femicide. This study was conducted in recognition of the fact that non-intimate femicide has been under studied, yet it is also a violation of human rights just like intimate partner femicide. The study was therefore conceptualised and executed to add broader knowledge to the femicide phenomenon, and this was accomplished by gaining more in-depth understanding of the causes and scope of non-intimate femicide. To ensure the successful attainment of the study's objectives, a qualitative research approach was employed to effectively examine authentic views on the phenomenon of non-intimate femicide and the factors that contribute to it. The study involved a purposive sampling of 28 participants, who were interviewed using semi-structured interviews. The researcher employed thematic analysis to derive significance from the data. Participants from KwaMashu and Umlazi revealed that places such as taverns, hostels, and shacks in close proximity to the megacity in Umlazi are hotspots for non-intimate femicide. The study has found that the prevalence of non-intimate femicide in KwaMashu and Umlazi is mostly linked to toxic cultural beliefs, rape culture, socioeconomic deprivation, and various other factors. The participants have also disclosed that the government has made limited efforts in preventing non-intimate femicide. The absence of preventive measures for non-intimate femicide has prompted some participants to take action in implementing preventive measures for this type of violence. Key recommendations are that further action is necessary to protect women, and that it is imperative for government departments to collaborate in order to ensure women's safety.
Youth and traditional leaders’ perceptions of intimate partner violence against women in rural settlements: insights from the mid-South Coast of KwaZulu-Natal.
(2024) Majola, Khanyisile Berlinda.; Mkhize, Sazelo Michael.
Intimate partner violence is an ominous societal issue that requires urgent attention in South Africa. According to research provided by Statistics South Africa (2021), 21% of women experienced physical abuse from an intimate partner during the survey period. The current study, which employed qualitative research methods, explored the role of traditional leaders in addressing the intimate partner violence (IPV) phenomenon in a rural area. A key purpose was to determine whether their influence and interventions might offer solutions to the uMnini and Kwa Thoyana communities regarding the phenomenon of IPV. Data were also generated by eliciting the perspectives of the youth as it has been argued that young people (age 18 – 35) are most affected by the IPV phenomenon. In the African culture, traditional leaders' power and responsibilities are rarely questioned, and rural communities are greatly influenced by the role that these leaders play in the lives of individuals and in the community as a whole. Theoretically, traditional leaders’ responsibilities and influence are quite wide and they are mandated to maintain the peace and ensure the well-being of all their people. Their role also extends to the diplomatic sphere as they need to liaise with their subjects and neighbouring leaders in matters of safety, security, and social harmony. The manner in which traditional leaders in the study area addressed intimate partner violence was explored by assessing the perceptions of the youth and traditional leaders themselves. The study further sought to determine if traditional leaders’ intervention could contain and resolve incidents of IPV. To this end, the impact of the disciplinary measures they had taken or proposed to ensure justice for victims of IPV, the nature of the support they offered these victims, and the manner in which offenders were reintegrated into society were explored. The study found that traditional leaders' perceptions of intimate partner abuse digressed significantly from those of the younger generation. This dichotomy was attributed to the conflict between traditional beliefs and customs and a drastically evolving and more democratically-minded younger generation. The traditional leaders focused on restitution and healing for married couples, while unmarried couples would be left to their own devices. Holding conservative beliefs, the traditional leaders supported the traditional court system which relies on dialogue and may even excuse acts of violence against an intimate partner as long as the marriage remains intact. In their view, their attitude of forgiveness and their focus on restitution were demanded by the traditional process of restorative justice. However, this attitude did not seem to imbue young community members with hope and trust in them, as they argued that they would rather approach the SAPS than a traditional leader for assistance in the event of IPV. The youth in Kwa Thoyana and uMnini admittedly struggled, or perceived that they might struggle, to access support in cases of intimate partner abuse. This perception stemmed from their view of traditional leaders’ roles as specific to land division and restitution issues. Additionally, many argued that they would never approach their parents for support due to the time-honoured tradition of respecting one’s elders. Lastly, the use of traditional medicines and the practice of inflicting curses on targeted victims were identified as factors that contribute to IPV, indicating the need for further research to determine effective intervention strategies.

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