South African Crime Quarterly

Understanding crime in the context of COVID-19

Ivan Henrico — 2023-01-05

South Africa faces high levels of crime. The Saldanha Bay Municipality, the setting of this study, is laden with poverty, unemployment and gangsterism that deprive quality of life and contribute to social ills. While crime management and prevention strategies require information regarding crime trends, this information for the Saldanha Bay Municipality area is limited. Hence, the study aimed to illustrate the spatial distribution and trends of crime in the Saldanha Bay Municipality, focusing on the period January 2017 to June 2020, and to indicate the recent impact of COVID-19 on these crime trends. The results of the study are presented by means of graphs and tables, and hotspot mapping was done using the ArcGIS Getis-Ord Gi* statistics tool. These results indicate that crime has increased over the past three years and that criminal activities are linked to urban hubs where most people stay and work. In terms of the effect of the COVID-19 pandemic and the lockdown regulations on crime, it is interesting to note the variations in crime rates during the first three months of lockdown (from April 2020 to June 2020) when compared to the rest of the period under investigation. Amongst the five towns investigated, the town of Vredenburg which has the highest population total and was ranked highest in terms of crime rates prior to the lockdown, moved from first to third, behind Langebaan and St Helena Bay. Similarly, Saldanha Bay with the second highest population total moved down to fourth. Hopefield was still the town with the lowest mean crime rate.

Prison protests in South Africa

Lukas Muntingh — 2023-01-05

This article explores the nature and causes of prisoner protests, looking at it first from a sociological perspective and second, a rights perspective. The fact that people end up in prison following due process does not mean that their imprisonment is not a contested arena in the sense that prisoners are generally aware of their rights, even when curtailed. Importantly, this curtailment has boundaries – prisoners do not lose all their rights and it seems that this particular issue is frequently the locus of tension, and sometimes conflict, between prisoners and prison administration. There is nothing in South African law prohibiting prisoners from protesting as recognised by s 17 of the Bill of Rights. However, prisoners, with reference to the right to free speech and the right to peaceful demonstration, find themselves in a situation where they can claim these rights, but the enabling legislation is not only lacking, but there are strong indications that the operational procedures prevent them from exercising these rights.

Keeping them out of prison

Ntholeng Molefi — 2023-01-05

This research project involved planning and implementing a restorative justice education programme with prison inmates in Lesotho aimed at restoring their self-worth and dignity, and to evaluate its outcomes. The project began with focus group discussions with first-time offenders, repeat offenders and ex-inmates to identify the main challenges faced by ex-inmates. It was found that these were stigma, rejection by their families and communities and the harsh socio-economic environment. The study then utilised restorative justice education materials from a South African NGO, Phoenix Zululand, which were translated into Sesotho and modified to suit local conditions. The programme involved discussion groups led by a facilitator and culminated in a conference involving inmates and their families held shortly before release. An evaluation conducted 12–18 months after release found very positive outcomes for the ex-inmates and their families concerned but there are reasons to be conservative in what is claimed in terms of programme success.

‘Bad, sad and angry’

Gráinne Perkins — 2023-01-05

Danger is an integral part of the fabric of South African society. Yearly statistics regularly underscore the extent of danger experienced through reported acts of violence. As generally office bound executives, senior police officers rarely encounter this violence to the same extent as frontline officers.2 These police leaders are ultimately responsible for the strategies and operations employed to prevent police exposure to such dangers. Little research, however, has examined how the senior personnel react and respond to such danger. In this discussion, perceptions of senior South African Police Service (SAPS) officials to the dangers of police work are laid bare. How danger is conceptualised at such senior levels has relevance in initial examinations of why the SAPS may police in the manner in which they do.

Protest injuries

Pascal Richardson — 2023-01-05

In this article, we investigate contextual and situational circumstances of protest events that record injurious outcomes for civilians and examine how these differ from protests which do not record such outcomes. Using the IRIS database, we examine how contextual factors, including protest period, protest location, reason for protest, and situational factors, such as type of protest, damage to property, arrests and police response contribute to civilian injury. Using logistic regression analysis, it was found that: 1) protest-related injuries were more frequent during the late-2000s than the 2010–15 period; 2) protest location was not a significant predictor of protest injury; 3) protests which recorded arrests and damage to property were more likely to report injurious outcomes; and 4) the addition of an aggressive police response was significant in determining protestor injury outcomes. Our findings have implications for public policing strategies, highlighting the role of different modalities of police response in the mitigation or escalation of injuries at protest events.

Protecting Fido, protecting the family

Sheena Swemmer — 2023-01-05

This article argues that by developing domestic violence laws to include and protect individual companion animals in the home, it might be possible to prevent violence against other victims in the home. Protecting a companion animal from persistent violence by, for example, having properly integrated reporting systems between government departments, could protect various vulnerable members of the family. The article briefly sketches the status of intimate partner violence in South Africa and explores the current implementation of the Domestic Violence Act. The status of companion animal abuse in South Africa and other jurisdictions is briefly explored. The article then shows that an intersection of violence exists in the home between women, children and companion animal and that protecting specific victims of violence (such as companion animals) can potentially act as a mechanism that can protect all victims from future or persisting violence.

Combatting violence against African foreign nationals

Samuel Fikiri Cinini — 2023-01-05

South Africa has seen waves of collective xenophobic violence and daily criminal attacks targeting foreign migrants. This study interviewed foreign nationals from African countries living in Durban. Through the lens of strain theory, it explores possible solutions to combat violence against foreign nationals in South Africa. The findings suggest the need to address poverty, socioeconomic integration, community participation, and skills. This will reduce strain and build social cohesion. The government should also revise the Immigration Act to accommodate foreign nationals who legally find themselves within its borders. This revision should take into consideration the suffering of foreigners and reduce any restrictive measures that limit their socioeconomic integration.

Progressive or regressive rape case law?

Ropafadzo Maphosa — 2023-01-05

The Constitutional Court’s decision in Tshabalala v S; Ntuli v S 2020 2 SACR 38 CC is undoubtedly a step in the right direction towards rape law reform in South Africa, however, this article challenges the court’s decision to extend the application of the common law doctrine to common law rape. It is argued that the court could have highlighted the power dynamics at play during the commission of rape without denouncing instrumentality as a central element of the crime. This article further argues that the Constitutional Court, in developing common law rape, should have taken into account that rape is a conduct/instrumental crime under the Criminal Law (Sexual Offences and Related Matters) Amendment 32 of 2007. Instead, the judgment now has the effect of creating different elements for common law rape, in cases where there is more than one perpetrator.