International police co-operation is a recipe for success in the fight against transnational organised crime. Such cooperation has never been without challenges, especially in the light of disharmonious national laws. SARPCCO has made promising advances towards the elimination of blockages which hamper police cooperation. The joint, bilateral, simultaneous operations which are continuously carried out and the transferring of skills through training are exemplary to the rest of the world. SARPCCO is, however, struggling to make serious inroads into the organised motor vehicle theft because of the problems in returning them to their lawful owners. The objective of this study is to analyse the laws used by the SARPCCO member countries in fighting motor vehicle theft, transnational organised crime, recoveries, repatriation, prosecution and extradition of offenders. The SARPCCO member countries on which the analysis is done are Lesotho, South Africa, Swaziland and Zambia. / Jurisprudence / LL. M.

Terrorism remains a cardinal threat to national, regional, and international peace and security. It violates the fundamental principles of law, order, human rights and freedom and remains an affront to the Global Charter of the United Nations (UN) and the values and principles enunciated in Africa's Constitutive Act of the African Union (AU). Moreover, it presents a grave and direct threat to the territorial integrity, security and stability of States. In this regard, effective counter terrorism mechanisms and approaches remain fundamental tools in curbing the threats and devastating effects of terrorism. Since the advent of the 'war on terror', issues regarding terrorism and counter-terrorism have become pronounced norms within the international realm. Yet, while an abundance of literature has been focussed and analyzed on counter terrorism approaches within the United States (US), the United Kingdom (UK), Russia and India; little has been documented on effective counter terrorism approaches in South Africa post-2001. Given emerging trends of terrorist camps within the country and the fact that South Africa will be hosting the international event of the 2010 FIFA Soccer World Cup, it is imperative that South Africa improves the overall direction of its counter terrorism strategy. Essentially, this study offers recommendations for the most effective counterterrorism mechanism, which will aid policing in South Africa. History and current events indicate that South African Police Service (SAPS) has the capacity and capability to successfully deal with threats of terrorism. What is lacking is a concrete proactive counter terrorism approach that makes SAPS stand out as the lead department in countering terrorism. Yet, it should be borne in mind that the most important principle of any counter terrorism operational concept is to co-ordinate an operation with an integrated approach. Bearing this in mind, this study includes an assessment of the counterterrorism methodologies of various agencies responsible for counter terrorism within South Africa, with SAPS being the focal point. To establish the most effective counter terrorism strategy applicable to the South African context, this study considers a comparative analysis of counter terrorism strategies adopted within specified developed (Russia, US and UK) and developing countries (India and Algeria) as well as a conceptual analysis of relevant policing mechanisms that are currently considered as appropriate mechanisms to counter terrorism within specified countries. The synopsis of best-case practices of counter terrorism in developed and developing countries as well as the relevant literature on policing mechanism are then synthesized and interrogated into conceptualising an effective policing mechanism to counter terrorism in South Africa. / Criminology / M. Tech. (Policing)

Criminology / M. Tech. (Policing)

The State as the representative of the victims of crime is expected to protect those vulnarable group of people with due regard to the rights of the perpetrators’s of crime. It is imperative that the law of general application which is aimed at protecting victims of crime, be sufficiently effective to protect the victims. The Criminal Procedure Act 51 of 1977 is aimed at assisting the police to conduct pre-trial criminal procedure in order to bring perpetrators of crime to book. Sections 36A, 36B, 36C and 37 (both previous and as amended) of the Criminal Procedure Act including chapter 5A of the South African Police Act, 1995 are explored in this dissertation. This dissertation examines the areas in the Criminal Procedure Act that make it problematic for the police to conduct efficient and effective crime detection through the ascertainment of bodily features of the suspected or accused person. The law in three foreign jurisdictions relating to this topic are investigated and compared in order to make recommendations and suggest possible solutions. / Criminal & Procedural Law / LL.M.

The purpose of this research was to investigate how members of the Tshwane Metropolitan Police Department (TMPD) perceive crime prevention within the context of metropolitan policing. Based on the social constructionist paradigm, the researcher collected data relating to the crime-prevention phenomenon from all rank groups within the organisation by making use of various focus-group and in-depth interviews. Collected data were transcribed, coded, analysed and arranged into themes, subthemes and categories. This analysis indicated that various opinions as to how the crime-prevention phenomenon applies to a metropolitan police department (MPD) currently exist within the Tshwane Metropolitan Police Department. Various opinions were identified as to why a MPD was created, what the focal point of a MPD should be and what the current focal point of the TMPD is. Participants had different views on how a MPD should participate in functions like road-traffic and by-law policing, and how these functions contribute to crime prevention. Crime prevention proved to be an ambiguous term indeed, as no common understanding of this complicated phenomenon could have been identified amongst participants. It seemed that participants were not familiar with the crime-prevention capabilities of the organisation as they advocated a comprehensive participation in crime-prevention models like situational crime prevention, social crime prevention, crime prevention through environmental design, and crime prevention through effective criminal justice, while the organisation can actually participate in these crime-prevention models only to a very limited extent. The lack of a central philosophy or strategy that describes how the TMPD should conduct its business became evident during the study, and resulted in an organisation with no uniform understanding of crime prevention. Consequently, crime prevention means different things to different members of the TMPD. / Police Practice / M. Tech. (Policing)

Background: The administrators, managers, and leaders of criminal justice organizations experience a plethora of processes that impact the strategic, tactical, and operational facets of their respective organizations. Sound processes are central to effectively and efficiently managing criminal justice organizations and for facilitating the optimal operations of the organization. Such management characteristics are necessary to render public services towards the goals of deterring crime and maintaining societal order. Administrating and managing criminal justice organizations involves paradigms that favor process improvement and quality of processes. Existing methods include the Compstat paradigm Total Quality Management, business process management, business process improvement, business process reengineering, standards, legislation, policy, and Six Sigma. However, such paradigms not approach process improvement from the unique perspective of process maturity as a foundational basis. Additionally, no solitary foundational basis exists that uniquely addresses organizational process improvement issues, regarding criminal justice entities, from the perspective of evolutionary process maturation through time. This research examines the potential of adapting the Capability Maturity Model Integrated (CMMi) as a foundational process improvement framework among criminal justice organizations. Within the CMMi framework, process improvement begins from a state of random, ad hoc processes and culminates in a state of highly optimized processes. Through time, process maturation occurs through five primary stages sequentially: 1) random, 2) managed, 3) defined/specific, 4) quantitatively managed, and 5) optimized. This research explores the potential of leveraging the CMMi paradigm as a form of organizational process improvement within the criminal justice domain. Scope of the Study: This research investigated the potential for adapting the Capability Maturity Model (Integrated) (CMMi) within the criminal justice domain. A derivative maturity model framework, the Criminal Justice Maturity Model (CJMM), was crafted using the CMMi concept as its foundational premise. A Likert scale survey was implemented to investigate the perceptions of personnel regarding process improvement initiatives and their work settings. This study was constrained to the criminal justice domains of the states of Alabama and Mississippi. Data processing encompassed demographic descriptions of the survey instrument and the received responses, ANOVA, Chi-Square analysis, and the Cronbach Method. Stratifications involved separating the survey responses into classifications of Alabama versus Mississippi entities, urban versus rural entities, and management versus non-management entities. Findings and Conclusions: The conclusions of this research failed to show that all five levels of the maturity model framework appear to be separately perceived among the respondents. Therefore, per each individual stage of the maturity model framework, this research failed to show conclusively that the complete maturity model framework is adaptable among administrative settings in the criminal justice domain and that process maturity issues among respondent settings are addressed via a process maturity framework. Because this research failed to show the perceived characteristics of all five maturity levels of the maturity model framework separately, it is concluded that the criminal justice administrative settings of the respondents do not conform completely to the tenets of the CMMi paradigm. Future studies were recommended to pursue additional approaches of this research project. This study represents an initial starting point from which several future endeavors may be initiated. / Criminology and Security Science / D.Litt. et Phil. (Police Science)

Despite various policing strategies in the recent past, the police alone have not been able reduce crime in Soshanguve. Research into how partnerships in policing can assist in finding solutions to crime prevention is limited. The police have come to realise that they need the active involvement and cooperation of and support from the community and other role players to prevent crime. This research has as its aim the identification of the challenges in establishing partnerships in policing the Soshanguve policing area. A qualitative approach was adopted. An interview schedule with predetermined questions was designed, piloted and used in focus group interviews with participants who are actively involved in partnerships in policing in the area. Interviews were conducted with 45 participants in three focus group interviews to obtain their views, opinions and perceptions of partnerships in policing. The collected data was transcribed verbatim (using words and phrases of the participants), analysed and interpreted. The data was analysed and interpreted using manual open coding, with the aim of identifying and examining patterns of similarities or differences in the data. A literature study was conducted to gain a better understanding of partnerships in policing. Research indicates that partnerships in policing have been effectively implemented in other parts of the world and can be implemented in South Africa in general and in Soshanguve in particular. Factors that inhibit partnerships in policing between the police and the community as well as in other environments were identified. These factors include among others, lack of trust, communication and cooperation. Recommendations are made to all concerned; particularly to the South African Police Service management on how partnerships in policing can be effectively implemented. / Criminology and Security Science / M. Tech. (Policing)

With this study, the researcher wants to establish whether investigators are able to effectively interpret, report on, or pay cognisance to body language during interviews, and whether they are sufficiently trained therein. Knowledge of body language can provide the interviewer with vital clues during the interview process. Regardless of the availability of numerous literatures on nonverbal behaviour in interviewing, the application of this knowledge is lacking among investigators. An empirical research design and a qualitative research approach were used for this research. National and international literature sources were consulted, and the researcher conducted interviews with two experts, knowledgeable investigators and semi-structured interviews with detectives from the East London South African Police Service (SAPS) and forensic investigators from the Special Investigating Unit (SIU) in East London. The importance of the skill of interpreting body language during forensic interviewing was established. Evidently, many investigators do not apply their knowledge and skill to enhance the outcomes of a forensic interview. / Criminology and Security Science / M. Tech. (Forensic Investigation)

In South African Law, sex work is currently mainly dealt with in terms of the Sexual Offences and Related Matters Act 32 of 2007, although other legislation, such as the Aliens Control Act 3 of 1993 also contains provisions that are peripherally relevant to sex work. In addition, municipal by-laws play an important role in the regulation of sex work, especially outdoor sex work. These by-laws are often aimed at addressing the more visible aspects of outdoor sex work. This dissertation aims to analyse the policing methods used by the police when policing sex work in Sunnyside, and whether the police have the ability and capacity to enforce current legislation in this regard. The enormous incidents of dehumanization and abuse of sex workers by the police who are supposed to enforce the Sexual Offences Act 32 of 2007 and the previous legislation on sex work questions whether the police should be given more or less powers in dealing with this crime. This dissertation aims to conduct an in-depth analysis of relevant literature in order to provide a background for the discussion on the origins of sex work and the different legal models for dealing with sex work. The study also endeavours to establish a frame of reference for considering different legal models to deal with sex work and to identify different policies and legal approaches to sex work, and to consider the impact of the current laws regulating sex workers and the harm that result from this. The dissertation aims to explore and describe the challenges that the police in Sunnyside experience, and also to analyse the difficulties that sex workers often encounter. The knowledge generated in this study will enhance the existing knowledge in the policing of sex work, and will also serve to educate the police, criminal justice institutions, and the community about the nature and extent of the problems that policing agencies experience when policing sex workers in Sunnyside. / Police Practice / M. Tech. (Policing)

Thesis (M.A.)--Stellenbosch University, 2001. / ENGLISH ABSTRACT: This study deals with crime prevention within the criminal justice system in response to the current crime situation in the Western Cape. It describes the structure and function of the criminal justice system and assesses crime prevention processes with specific reference to the role of social work within the criminal justice system. It further examines the criminal justice system as practised in the Western Cape, paying specific attention to the role of the police, criminal courts and prisons in the prevention of crime. In line with the nature of the study an exploratory approach was used. The data was collected from both primary and secondary sources. Interviews and observations were the main research techniques used for gathering primary data. Secondary data + was gathered by means of a study of the literature. Structured and unstructured interviews were conducted with social workers, magistrates, police officers, prosecutors, victims, offenders, community workers and other officials of the criminal justice system. These interviews were mainly conducted at Wynberg magistrates' court, Drakenstein Prison (formerly known as Victor Verster Prison) and organisations based in the metro areas and on the Cape Flats. The study was conducted over a period of three years with the interview schedule administered between May and August 2000. A sample of 21 respondents was selected on the basis of a purposive approach and procedure. The comprehensive interview schedule consisted of mainly open-ended and a few closed questions, generating information on the profiles of respondents, crime dynamics in the Western Cape, the sentencing process and prevention strategies, matters related to the criminal justice system and corrections, and the role of community justice in the prevention of crime. The generated qualitative data was analysed and interpreted. The findings suggested the necessity for social work to make a contribution to the prevention of crime in a sensitive and proactive way. The analysis has shown that criminal justice approaches can significantly enhance the process of crime prevention, but that the criminal justice system requires combined strategies and approaches for crime prevention to be effective. It is in this context that the contribution of social work can be much more effective. The recommendations of the study have demonstrated a need for social workers to promote approaches that are premised on a broader understanding of the role of the criminal justice system in the prevention of crime. It is important to state that the study's recommendations for the prevention of .crirne can also be implemented by other role-players, particularly within the criminal justice system. / AFRIKAANSE OPSOMMING: Hierdie ondersoek handeloor misdaadvoorkoming deur die strafregstelsel in reaksie tot die huidige misdaadsituasie in-die Wes-Kaap. Dit beskryf die struktuur en funksie van die stafregstelsel en beoordeel misdaadvoorkomingsprosesse met besondere verwysing na die rol van maatskaplike werk binne die strafregstelsel. Dit ondersoek verder die strafregstelsel soos beoefen in die Wes-Kaap deur veral aandag te gee aan die rol van die polisie, die howe en gevangenisse in die voorkoming van misdaad. Die aard van die ondersoek vereis dat 'n eksplorerende benadering gevolg is. Data is versamel uit primêre sowel as sekondêre bronne. Onderhoude en waarnemings + was die hoof navorsingstegnieke wat gebruik is om primêre data te versamel. Sekondêre data is weer verkry deur 'n studie van die literatuur. Gestruktureerde en ongestruktureerde onderhoude is gevoer met maatskaplike werkers, landdroste, polisie beamptes, openbare vervolgers, slagoffers, gevonnisde misdadigers, gemeenkapswerkers en ander beamptes van die strafregstelsel. Hierdie onderhoude is hoofsaaklik gevoer by die Wynbergse landdroshof, Drakenstein Gevangenis (voorheen Victor Verster Gevangenis) en organisasies werksaam in die metropolitaanse gebiede en die Kaapse Vlakte. Die ondersoek is onderneem oor 'n periode van drie jaar met die onderhoude gevoer tussen Mei en Augustus 2000. 'n Steekproef van 21 respondente is geselekteer op die grondslag van 'n doelgerigte benadering en prosedure. Die omvangryke onderhoudskedule bestaan uit oorwegend oop en 'n beperkte aantal geslote vrae, en het inligting gegenereer oor die respondent-profiel, misdaad-dinamika in die Wes-Kaap, die vonnisopleggingsproses en voorkomingstrategieë, sake rakende die strafregstelsel en korrektiewe optrede, en die rol van gemeenskapsreg in die voorkoming van suggereer die noodsaaklikheid daarvan vir maatskaplike werk om 'n bydrae te lewer ,- tot die voorkoming van misdaad op 'n sensitiewe en proaktiewe wyse. Die ontledings het aangetoon dat strafregbenaderings die proses van misdaadvoorkoming beduidend kan verhoog maar om misdaadvoorkoming effektief te laat geskied, vereis die strafregstelsel gekombineerde strategieë en benaderings. Dit is binne hierdie verband dat die bydrae van maatskaplike werk baie meer effektief kan wees. Die aanbevelings van die ondersoek wys op 'n behoefte by maatskaplike werkers om benaderings te bevorder wat gebaseer is op 'n breër begrip van die rol van die strafregstelsel in die voorkoming van misdaad. Dit is van belang om te stel dat die ondersoek se aanbevelings vir die voorkoming van misdaad ook geïmplementeer kan word deur ander rolspelers, veral binne die strafregstelsel.