South African criminal justice : a paradigm shift to victim-centred restorative justice?
- Authors: Apollos, Dumisani
- Date: 2014
- Subjects: Restorative justice -- South Africa , Apartheid -- South Africa -- History , Democracy -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10183 , http://hdl.handle.net/10948/d1020078
- Description: The focal point of this treatise is the evaluation of the paradigm shift that has taken place in our South African criminal justice system post 1994. This shift is seen as a move away from a retribution approach to a more victim-centred approach. One needs to remember that the previous regime had unfair and unjust laws: to do away with such laws an interim constitution1 was enacted in Parliament in 1993 and became operational on 27 April 1994. It was the fundamental law of South Africa. This was later repealed by the final Constitution 2 on 4 April 1997. In its preamble it states categorically that it seeks to establish a “society based on democratic values, social justice and fundamental human rights” and “(to) lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law”. One of the priorities of democratic government in 1996 was the National Crime Prevention Strategy3 (hereafter referred to as the NCPS). It was designed to reduce the high level of crime in our country and has four pillars: the criminal justice process; reducing crime through environmental design; public values and education and trans-national crime. Pillar one is seen as a move away from retribution as punishment towards a system of restorative justice 4. Furthermore the South African government is a signatory to various international laws, treaties and declarations that uphold victims’ rights. One example would be the United Nations Declaration on the Basic Principle of Justice for Victims of Crime and abuse of Power 1985 - in fact the Victims’ Charter is compliant with this declaration. Yet one cannot negate the fact that in the last two decades the status of victims has altered significantly: there has been some development in the transformation of the criminal justice system. Since 1994 the focus gradually shifted from an adversarial and retributive criminal justice to that of restorative justice. This shift is vindicated by following examples: the adoption of the NCPS; the Truth and Reconciliation Commission 5 (hereafter referred to as the TRC); the adoption of the Service Charter for Victims of Crime 6(hereafter referred to as the Victims’ Charter); the enactment of the Child Justice Act7; and case laws which applied restorative justice principles such as S v Maluleke and S v Saayman. Therefore this treatise will evaluate the application of a restorative system by looking at the definition of restorative justice; government commitments to the system; the enactment of Acts and policies that support the system. This will be done in relation to the victims.
- Full Text:
- Date Issued: 2014
- Authors: Apollos, Dumisani
- Date: 2014
- Subjects: Restorative justice -- South Africa , Apartheid -- South Africa -- History , Democracy -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10183 , http://hdl.handle.net/10948/d1020078
- Description: The focal point of this treatise is the evaluation of the paradigm shift that has taken place in our South African criminal justice system post 1994. This shift is seen as a move away from a retribution approach to a more victim-centred approach. One needs to remember that the previous regime had unfair and unjust laws: to do away with such laws an interim constitution1 was enacted in Parliament in 1993 and became operational on 27 April 1994. It was the fundamental law of South Africa. This was later repealed by the final Constitution 2 on 4 April 1997. In its preamble it states categorically that it seeks to establish a “society based on democratic values, social justice and fundamental human rights” and “(to) lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law”. One of the priorities of democratic government in 1996 was the National Crime Prevention Strategy3 (hereafter referred to as the NCPS). It was designed to reduce the high level of crime in our country and has four pillars: the criminal justice process; reducing crime through environmental design; public values and education and trans-national crime. Pillar one is seen as a move away from retribution as punishment towards a system of restorative justice 4. Furthermore the South African government is a signatory to various international laws, treaties and declarations that uphold victims’ rights. One example would be the United Nations Declaration on the Basic Principle of Justice for Victims of Crime and abuse of Power 1985 - in fact the Victims’ Charter is compliant with this declaration. Yet one cannot negate the fact that in the last two decades the status of victims has altered significantly: there has been some development in the transformation of the criminal justice system. Since 1994 the focus gradually shifted from an adversarial and retributive criminal justice to that of restorative justice. This shift is vindicated by following examples: the adoption of the NCPS; the Truth and Reconciliation Commission 5 (hereafter referred to as the TRC); the adoption of the Service Charter for Victims of Crime 6(hereafter referred to as the Victims’ Charter); the enactment of the Child Justice Act7; and case laws which applied restorative justice principles such as S v Maluleke and S v Saayman. Therefore this treatise will evaluate the application of a restorative system by looking at the definition of restorative justice; government commitments to the system; the enactment of Acts and policies that support the system. This will be done in relation to the victims.
- Full Text:
- Date Issued: 2014
The response of the South African Police Service in the prevention and management of domestic violence
- Authors: Steinsland, Linda Renate
- Date: 2012
- Subjects: Restorative justice -- South Africa , Police|xResponse time -- South Africa , Family violence -- Prevention
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8305 , http://hdl.handle.net/10948/d1019982
- Description: The levels of crime and violence in South Africa seem to go hand in hand with the increase in the number of police practitioners. However, despite all the work going into it, “nothing seems to reduce the general trend” (Burger 2007:1). Domestic violence, for instance, is one of the major challenges practitioners are faced with on a daily basis at all levels in South Africa (Bendall 2010:100). Nonetheless, the country has yet to recognise this specific type of violence as a crime in their official crime statistics (SAPS 2010). Domestic violence has, in fact, struggled to become recognised as one of the most serious types of crime in today‟s society. This might be explained in terms of the developments that have occurred – both in international research and in the domestic realm – especially in terms of the ever-changing nuclear family. However, this could also be explained in the way such violence is treated by the South African Police Service. Nonetheless, it appears that a significant amount of research has been undertaken on the nature and impact of domestic violence, including the various responses and strategies to its management. However, it seems as though no-one can come up with a proper solution to this problem. In terms of violence in general, a number of different researchers in the field have suggested possible explanations to the problem. Burton, for instance, explained violence in terms of the neglect of basic human needs, the need for identity and the need for control. This author suggested that if these basic needs are frustrated, violence could be expected to occur, including violence within the family. Moreover, some violent behaviour could be described in terms of a loss of control of the situation and the management thereof. It is especially in these circumstances that conflict management techniques are to be highly recommended. Mediation – or facilitation – collectively referred to as restorative justice – is an example of such a technique. However, the question of whether or not to include mediation has been subject to much discussion amongst scholars in the field. As one of the main roles of the police is to prevent violence, and to protect the citizens from harm, it would be appropriate for the purpose of this study, to focus specifically on the SAPS and their response to cases of domestic violence. Their lived experiences are evaluated in terms of the existing legal framework, as well as in the light of other empirical research.
- Full Text:
- Date Issued: 2012
- Authors: Steinsland, Linda Renate
- Date: 2012
- Subjects: Restorative justice -- South Africa , Police|xResponse time -- South Africa , Family violence -- Prevention
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8305 , http://hdl.handle.net/10948/d1019982
- Description: The levels of crime and violence in South Africa seem to go hand in hand with the increase in the number of police practitioners. However, despite all the work going into it, “nothing seems to reduce the general trend” (Burger 2007:1). Domestic violence, for instance, is one of the major challenges practitioners are faced with on a daily basis at all levels in South Africa (Bendall 2010:100). Nonetheless, the country has yet to recognise this specific type of violence as a crime in their official crime statistics (SAPS 2010). Domestic violence has, in fact, struggled to become recognised as one of the most serious types of crime in today‟s society. This might be explained in terms of the developments that have occurred – both in international research and in the domestic realm – especially in terms of the ever-changing nuclear family. However, this could also be explained in the way such violence is treated by the South African Police Service. Nonetheless, it appears that a significant amount of research has been undertaken on the nature and impact of domestic violence, including the various responses and strategies to its management. However, it seems as though no-one can come up with a proper solution to this problem. In terms of violence in general, a number of different researchers in the field have suggested possible explanations to the problem. Burton, for instance, explained violence in terms of the neglect of basic human needs, the need for identity and the need for control. This author suggested that if these basic needs are frustrated, violence could be expected to occur, including violence within the family. Moreover, some violent behaviour could be described in terms of a loss of control of the situation and the management thereof. It is especially in these circumstances that conflict management techniques are to be highly recommended. Mediation – or facilitation – collectively referred to as restorative justice – is an example of such a technique. However, the question of whether or not to include mediation has been subject to much discussion amongst scholars in the field. As one of the main roles of the police is to prevent violence, and to protect the citizens from harm, it would be appropriate for the purpose of this study, to focus specifically on the SAPS and their response to cases of domestic violence. Their lived experiences are evaluated in terms of the existing legal framework, as well as in the light of other empirical research.
- Full Text:
- Date Issued: 2012
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