Doctoral Degrees (Criminology and Forensic Studies)

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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.
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.
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.
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.
A criminological inquiry into life insurance fraud in KwaZulu-Natal: an exploratory study.
(2023) Mthethwa, Nomathamsanqa.; Mkhize, Sazelo Michael.
Abstract available in PDF.
National development plan: analysis of South African police service vision for 2030 to build safer communities.
(2022) Zulu, Bongiwe Matilda.; Singh, Shanta Balgobind.
Chapter 12 of the National Development Plan (NDP) Vision 2030 aims to create an environment in South Africa (SA) where people living in the country will feel safe at home, on the street, at school, at work and in public spaces, and have no fear of crime. The NDP emphasises the safety and security of women and children. It further suggests an integrated approach to resolving the root causes of crime that involves an active citizenry and interrelated responsibilities and coordinated service delivery by both the state and non-state actors. This study sought to analyse how the South African Police Service (SAPS) was implementing the NDP Vision 2030 in building safer communities. It focused on the SAPS implementation of Chapter 12 of the NDP Vision 2030. In addition, it examined the attitudes and perceptions of actors and implementers regarding the NDP implementation within the SAPS. It analysed the translation of the NDP chapter 12’s five priority areas, and the SAPS understanding, alignment and internalisation of the NDP vision of building safer communities. It further examined the challenges the SAPS experienced and the progress it made in implementing the five priority areas in building safer communities. This study covered public policy implementation, theory of change and internalisation as conceptual frameworks. The study adopted mixed methodology as both qualitative and quantitative approaches were employed. Literature and document analysis and reviews were conducted. Questionnaires were distributed to collect data from Eastern Cape, Gauteng, KwaZulu-Natal and Western Cape. The qualitative methodology consisted of a total of 306 community participants and 397 police participants who responded to a single public opinion question (Appendix 1) and a total of 13 individual experts who responded to 12 questions during semi-structured interviews (Appendix 2). A total of 807 (42,3%) police officers and 1 101 (57,7%) community members responded on the quantitative questionnaire (Appendix 3). The raw data gathered from the quantitative approach were captured on the Statistical Package for the Social Sciences (SPSS) system and recorded. The data gathered from qualitative approach were grouped, categorised and themed. Eventually, they were analysed and interpreted. The findings of the study confirmed that the NDP was not without deep-rooted crises and factors influencing policy implementation in SA. These crises included failure to translate policies into long-term plans and lack of planning systems and competencies to implement policies. There were many legislative, policy and strategic response trajectories towards building safer communities in place, but there was lack of institutionalisation, monitoring and evaluation of their impact on community safety. A steady decline in communities feel safe nullified the NDP vision of the people living in SA feeling safe and having no fear of crime. Adverse basic living, social, health and economic conditions for the people of SA and ineffective execution of programmes to improve these conditions impacted negatively on community safety. The study validated the prevalence of juvenile delinquency and lack of trust and confidence between the police and communities. Based on theoretical framework of this study, a conclusion on the tripartite relationship between three interdependent critical variables in achieving safer communities was drawn. The interdependence of these variables on the policy implementation theory framework was founded on NDP implementation and theory of change. The researcher’s proposed Safer Community Model and Proactive and Integrated Model for Crime and Violence Prevention and the internalisation theory were grounded on the commitment of actors and implementers in shaping the direction of safer communities.
Money laundering risks and the corruption factor, its management within the financial sector of Zimbabwe (1983-2017+)
(2022) Chikomba, Collins Prosper.; Mkhize, Sazelo Michael.; De Wet, Johan Andrew.
This empiric contextual study on ML risks and the corruption factor and its management within Zimbabwe’s financial sector’ covering period (1983 to 2017) was undertaken to explore and bring better understanding of the phenomena: influences, nexus, ramifications and in the final, propose measures to enhance the effectiveness of AC & AML regimes in the country. Built on available conceptual literature and the empirical evaluation of multiple Zimbabwean contextual case studies in which intermediary institutions (banks/financial institutions and public officials respectively: their owner executives/management, and, their opposite in government, (hereinafter) cited as (PEPs) were/are implicated, the study employed a multiple/mixed case study design of quantitative approach, coupled with the utilisation of qualitative secondary data collection approaches dictated to by the aim and objectives of the study. The ‘head office’ approach, mirrored on the British Retail Consortium (BRC) in their ‘Retail Crime Costs’ surveys (1994): that of accessing target respondents at various of their organisations outlets to obtain data by postal questionnaire(s), was used on a drop and pick basis, in combination with door to door visits, e-mails and, follow-ups by phone and direct interviews. at (Police HQ, Ministry of Justice and the two banks). The approach is credited for accessing and aggregating large sample size data in good time and, at relatively low cost. Guided also by the overriding aim and objectives, a synthesis of two time-honoured, and, contemporary criminological theories in the main: the rational choice, and, social determinist perspective, complemented by four choice concepts: 1. ‘Public choice concept by Caiden (2001)’ et.al., 2. Bad apple theory by Graaf, (2003); 3. Situational action theory; and, 4. Organizational culture theory by Wilkstrom (2004); all, relevant, leading to a discourse that seek to explain factors contributing to corruption and ML and, their control using a triangulation of measures mainly: situational, and social plus tertiary, were employed to benchmark the research. The findings, broadly considered, reveal among others things that, firstly and secondly; the link between corruption and ML is symbiotic and, at least two fold in that the proceeds of corruption, particularly when substantial, are prone to be laundered, and that, when conjoined, the effects of corruption and poor governance can weaken the successful operations of AML regimes. Third but not last was/is that, corruption and ML collectively can, prove difficult to accomplish as the mutual relationship between them tends to be historically and bureaucratically skewed. In closing, are recommendations for banks and government to help enhance the effectiveness of existing and new AML structures/regimes, proliferated with justified emphasis on improved enforcement, legislations and regulatory measures (e.g.), emplacement of human, legal, technical and operation capacity (where non exist). Included also is under (Chapter 7), is the ‘premise’ of ‘cross-organisational isomorphism’: learning from other organisations, and/or, other people’s grand disaster experiences akin to the grand financial disasters suffered by the Zimbabwean victim banks studied herein – by way of communication through security risk awareness and prevention education and specific training.
Investigating private security service providers’ compliance with relevant legislations in selected drinking establishments in Pietermaritzburg, South Africa.
(2023) Mbhele, Nkosingiphile Modeccai.; Singh, Shanta Balgobind.
One of the major driving forces in the evolution of policing has been the growth and expansion of the security sector. In the global context, the private security sector employs more security personnel than are employed by most governments. South Africa and the United States in particular depend heavily on private security companies for the safety of their citizenry, and the regulation of the private security sector is therefore crucial to ensure compliance with the law. However, although they have authority over substantial portions of metropolitan territory, the private security field receives less attention than the formal police force in terms of legal requirements and regulations. Moreover, there is a new field of employment within the private security industry for people who are commonly referred to as ‘bouncers’ who work predominantly in bars and clubs. Unfortunately, the unauthorized or unregulated employment of bouncers who work in the security industry is a problem that occurs everywhere. In the South African context, very limited research has been conducted on the non-compliance of bouncers with legal requirements, and this study endeavoured to fill this gap. The study used a mixed methods approach to achieve its objectives; hence both qualitative and quantitative methodologies were employed. It was decided to utilize a triangulated mixed methods design as it would be inappropriate to prioritize or give more weight to one approach over the other. The result was a fully mixed approach giving contemporaneous and equal status to the two approaches. Four key components, namely the study objectives, type of data and operation, type of analysis, and type of inference, were therefore given equal attention in terms of qualitative and qualitative data analysis. A desired sample was targeted and recruited using the non-probability sampling strategy. Two Private Security Industry Regulation Authority (PSiRA) employees who worked in law enforcement and compliance departments were included in the sample, while 46 bouncers, 40 customers from various selected drinking establishments, and 8 management members from the selected drinking businesses were also included. The findings revealed that the majority of establishments that employed these bouncers did not comply with the rules and regulations of PSiRA as they were neither in possession of a PSiRA accredited certificate nor registered with this oversight body. This means that the drinking establishments hired and managed bouncers based on their internal criteria regardless of the legal requirement to be registered as a private security service provider. The study further discovered that the managers of these establishments were not aware of the requirement to be registered with PSiRA as the regulator of private security service providers. However, the patrons of the establishments under study generally felt safe in these drinking establishments and it was also found that violence and aggression were not common in these spaces. Three theories were used to analyse the data, find correlations, and understand how bouncers, customers, and bar and club managers behaved and why they behaved the way they did. The findings may therefore by used to forecast future tendencies and trends in this industry and to offer recommendations for improvement. The victim precipitation theory, which contends that victims may unwittingly or intentionally contribute to their victimization, the social disorganization theory, which contends that the presence of appropriate regulation and enforcement can have an impact on behaviour but that their absence will cause the collapse and disarray of society (as is evidenced by the current state of anomie), and the frustration aggression theory, which contends that failure to achieve a goal is frustrating and, if it continues, will escalate into aggressiveness, were the theories that were selected.
Police culture of isolation, solidarity and cynicism: an African criminological perspective on early career police officers.
(2023) Maweni, Vuyelwa Kemiso.; Steyn, Jéan.; Mkhize, Sazelo Michael.
Police culture plays a crucial role in shaping law enforcement practices and the overall functioning of police organisations. In Africa, the study of police culture holds particular importance due to the unique historical, social, and political contexts that influence policing in the region. Academic research on police organisational culture has been one of the most robust and productive areas in the study of policing, uncovering many of the day-to-day realities, lived experiences and cultural meanings of police work. Since the 1960s, when policing studies first gained traction in the academic community, the concept of police occupational culture, sometimes known as cop culture, has generated attention and discussion. These studies have revealed that police occupational culture can negatively influence service delivery and organisational reform. The current research aims to examine whether early career police officers with zero-ten years working experience evinced police culture attitudes of solidarity, isolation and cynicism. The early career police officers this study focused on were those employed by Kenya Police Services (KPS), Malawi Police Services (MPS) and South African Police Services (SAPS). This study applied the predisposition model and the occupational socialization theory to better conceptualize where police officers’ attitudes, values and behaviour originate. This study adopted a quantitative descriptive research approach to appropriately address the research questions and utilized the 30-item police culture questionnaire, the findings of the current study revealed that solidarity, isolation and cynicism are standard coping strategies among Kenya, Malawi and South African early career police officers. Findings from this research are expected to shed light on the distinct features of police culture on these three African countries. The analysis will identify cultural factors that contribute to positive policing outcomes, such as community engagement, professionalism, and ethical conduct. Additionally, it will address issues related to corruption, abuse of power, and inadequate accountability mechanisms that hinder effective policing.
The developments of a prosecutorial approach to combat income tax fraud in South Africa.
(2022) Shandu, Smangele Nkosingiphile.; Singh, Shanta Balgobind.
The South African Revenue Service (SARS) is South Africa’s tax collecting authority. SARS was established under the SARS Act [No. 34 of 1997] as an autonomous agency, which is responsible for South Africa’s tax system and customs service. Tax is a crucial aspect of life for all citizens. Tax compliance contributes to national fiscus, and has positive implications such as better schools, improved social amenities, well-resourced hospitals, and strong domestic infrastructure. A common form of fraud against government is tax fraud in which either individual taxpayers do not pay taxes or they try to find illegal ways to avoid paying taxes. There has been a noticeable increase in targeted attacks from cybercriminals taking advantage of the SARS’ e-filing system. Government initiatives to combat crime have largely focused on visible and violent crime, while ‘white-collar crimes’ of fraud and corruption have not been high on the policy agenda. This study was conducted in Durban under KwaZulu-Natal province of South Africa. A qualitative research approach was adopted in this study to explore the development of a prosecutorial approach to combat income tax fraud in South Africa. Interpretive and constructivism qualitative paradigms were deemed suitable to allow participants to describe their understanding, interpretations, narratives, and personal experiences of efforts to combat tax fraud in South Africa. Phenomenological research design was adopted to explore the phenomenon under investigation. Thirty- one (n=31) key informant interviews (KIIs) were conducted with Ngubane National Accountants and Auditing Firm (NNAAF) experts who at a time were qualified Accountants, Internal Auditors, and Forensic Auditors. Twenty (n=20) in-depth individual interviews (IDIs) were conducted with the National Prosecuting Authority (NPA) experts who at a time were qualified Specialised tax unit prosecutors (NPA STU) and NPA Asset-Forfeiture Unit (NPA AFU) prosecutors. The participants were purposively selected to share their expert knowledge on taxation systems and tax fraud in South Africa. Fifty -one (n=51) participants were interviewed individually in this study. Three interview guides containing lists of open-ended research questions were used to collected quality data.The researcher took field notes during interviews and the interviewed participants were informed of the study purpose. The participants signed an informed consent form as evidence of agreeing to participate voluntarily. Thematic analysis was adopted to analyse, code, and categorise themes that emerged from the interviews. Study findings revealed that there is a lack of skills and knowledge on detection, investigation, and prosecution of income tax fraud amongst accountants, auditors, investigators, and prosecutors in South Africa. The lack of technological investigative skills on tax crimes results in infective prosecution of tax crimes. Shortage of cybercrime and specialised tax unit prosecutors has a negative impact on quality investigation and prosecutions of tax fraud. Technological challenges on detection, investigation and prosecution processes have an impact in collecting digital evidence and in effective prosecution. Conflict of interests amongst stakeholders results in poor stakeholder co-operation. Findings also show that tax fraud perpetrators usually get fines rather than direct imprisonment. Findings reveals that the criminal justice system is not treating this crime the same way as violent crimes. There is lack of stakeholder co-operation and legislative challenges to investigate and prosecute tax crimes. The use of accounting and auditing firms has been categorised as poor. E-filing is an effective technological tool to detect, investigate, collect digital evidence, and prosecute tax fraud offenders. However, it has contributed to the current scourge of tax fraud. This study recommends that SARS as a primary tax administration stakeholder should engage with the public and private sector to develop a technological tool that will be used by taxpayers and stakeholders to report suspected tax fraud. SARS e-filing system needs to be re-implemented and improved to deter tax fraud. All tax crimes stakeholders (SARS, accounting and auditing firms, SAPS, and NPA) must sign a memorandum of understand (MoU) to enforce working relationship. All tax crimes stakeholders should conduct public workshops to promote tax compliance and deter tax crimes. Taxpayers must use the services of accounting and auditing firms to comply with tax legislation. Cybercrime investigators must be employed and trained to incapacitate them with skills and knowledge to collect digital evidence admissible in court. The NPA must employ additional tax unit prosecutors and provide cybercrime prosecution process training. All tax crimes stakeholders should implement and adopt tax fraud prevention strategies. Tax laws must be amended to allow the criminal justice processes to access all taxpayers’ information and there should be separation of powers between SARS and NPA AFU.
An exploratory study on the rehabilitation of female offenders in South Africa.
(2022) George, Krinesha.; Singh, Shanta Balgobind.
No two female offenders are the same. No two crimes are the same. Therefore, rehabilitation programmes need to be tailor-made to match the offender and the offender's crime. The purpose of offender rehabilitation stems from more than just discipline, and it is an opportunity for an offender to better herself. Owing to the low rate of female offending compared to male offending, previous studies focus mostly on male rehabilitation and experiences using a blanket approach to address female offender rehabilitation. This study was theorised to explore current rehabilitation programmes explicitly offered to female offenders and further exposes the lack of effective rehabilitative programmes available for female offenders. Female offenders are the key informants of this study, as they are one of the end-users of the rehabilitation programmes which the Department of Correctional Services1 offers. The marginalisation theory by Meda-Chesney Lind played a vital role in explaining the motive of crime for some female offenders (Mohammed, Banarjee and Khatun, 2014). According to Statistics South Africa (2020), females experience higher poverty levels within South Africa than their male counterparts. The researcher used a qualitative methodology to explore the experiences of female offenders who have been enrolled in rehabilitative programmes. This study concluded that rehabilitative programmes that are currently available are offered to assist female offenders with social challenges like poverty and unemployment. However, the lack of offence-specific programmes results in recidivism and offenders re-entering the correctional system to repeat the same programmes to meet their parole requirements. The risk factors of female offending identified within the study include poverty, anger, and drug use. Although the Department of Correctional Services has firm policy documents in place, poor implementation of these policies has failed the offenders and resulted in increased rates of recidivism. This study has successfully achieved its objectives by exploring current rehabilitation programmes, identifying the limitations of these rehabilitation programmes, and developing offence specific programmes such as career guidance for female offenders.
‘Darker shades of brown’ police culture of solidarity, isolation and cynicism attitudes by the South African National Defence Military police officials.
(2020) Sihlobo, Mfuneko Merriman.; Mkhize, Sazelo Michael.; Steyn, Jéan.
The study seeks to determine whether a random and representative sample of all South African National Defence Force (SANDF) Military Police Officials (MPOs) have attitudes evincing of police culture themes of solidarity, isolation and cynicism. The study adopted a quantitative approach due to the large number of the sample and nature of the study based on number of variables. The research hypotheses required that the study be generalisable to the overall population of the SANDF MPOs. Sensitivity had to be exercised regarding systematic biases while selecting the sample mean. In addition, because the overall purpose of the study required analysis of the sub-group effects among the overall sample, a Statistical Package for Social Sciences (SPSS) stratified sampling design had to be employed in order to adequately measure sub-group differences. The stratified sampling design required a much larger overall sample than would have been necessary for testing of hypotheses for the whole population. Using a survey format, the researcher employed a non-experimental ex post facto (cross-sectional) design. The study established in general that SANDF MPOs have attitudes in support of police culture themes of solidarity and isolation. Although the study did not find attitudes evincing of police culture cynicism, more than half of the SANDF MPOs evinced attitudes in support of the police culture theme of cynicism. Statistical significant differences, differences of kind, and differences of degree, were found in relation to all the categorical independent variables (that is, SANDF unit, rank, experience, race, gender, and education). The study is the first of its kind in the world to establish whether military police officials have attitudes evincing of public police culture themes of solidarity, isolation and cynicism. The study provides an empirical peek into military police culture but allows for invaluable comparisons (differences and similarities) between public police culture and military police culture, and contributes novel knowledge to broader police culture, in general. Keywords- Police, public police, military police, police domain, policing, culture, police culture, police culture themes, police culture theme of solidarity, police culture theme of isolation, police culture theme of cynicism, South Africa, South African National Defence Force, South African National Defence Force Military Police.
School violence in selected schools in KwaZulu-Natal.
(2021) Sibisi, Nomakhosi Nomathemba.; Mkhize, Sazelo Michael.
School violence has become pervasive and is on the upsurge in schools throughout South Africa, and more especially in the province of KwaZulu-Natal. The reality is that learners carry knives and guns to school, and many attend school under the influence of substances such as drugs and alcohol. Schools are meant to be a welcoming environment where educators can teach openly and learn without fear of victimisation and danger. Learners and educators who are exposed to violence on a regular basis suffer from various adverse psychological and physical effects. This research examined the causes, direct and indirect, of school-based violence and how it impacted both learners and teachers, using those who observed it and those who were victims of this scourge within a school setting. A qualitative research approach was adopted using educators and learners as key informants, and focus group participants, respectively. This study identified school-based violence, with specific reference to community violence and high rates of crime, as drivers of stress and fear among learners and educators. Reportedly, many learners in the schools under study exhibited behavioural problems due to the adverse socio-economic conditions they encountered and imbibed within their respective communities. Based on the findings, the study recommends that close collaboration and partnerships among schools, the community, and the police should be forged to address alcohol and drug peddling in and around schools in a concerted attempt to curb these societal problems. Moreover, parents and guardians need to take accountability for their children’s delinquent behaviour. A point of departure should be their active involvement in their children’s education through attendance of school meetings where issues of school violence, drugs, and weapons are discussed and resolved collaboratively.
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.
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.
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’.
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.
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.
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.
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.

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