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The ascertainment of bodily features of the accused person in terms of the Criminal Procedure Act 51 of 1977 and related enactments and problems encountered by the police in the application of the ActRamatsoele, Pitso Petrus 22 October 2014 (has links)
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.
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The use of body language (behaviour pattern recognition) in forensic interviewingNaidoo, Shantell 02 1900 (has links)
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)
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The policing of domestic violence in the Tshwane policing presinctMadzivhandila, Avhashoni Cynthia 06 1900 (has links)
In this qualitative study five police stations in the Tshwane Policing Precinct were selected. The objectives were to describe and explore the South African Police Service (SAPS) officials’ experiences on the nature and extent of domestic violence and the responsive strategies by relevant stakeholders thereof.
Data collection literature review and key informant interviews were selected. Purposive sampling was adopted to cater for 40 sworn SAPS officials; each station was represented by seven participants. The findings suggest that many academics around the world overlook the importance women and children as core victims. As a result, they become the neglected people in our society. Thus, there is no simple solution to this crime to date. For recommendations a multi-agency approach whereby all relevant stakeholders try to address this scourge is needed to enhance reporting channels, advance SAPS skills and obtain more convictions. / Police Practice / M. Tech. (Policing)
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A critical analysis of the procedures followed in child rape cases in Mpumalanga ProvinceBoodhoo, Vinesh 02 1900 (has links)
This study reflects a critical analysis of the procedures followed in child rape cases in
Mpumalanga Province and in the process to enhance investigative capabilities with sound detective development.
Empirical research was conducted with a literature review, docket analysis and interviews as methods to obtain information where the following important aspects were addressed: an overview of the field of forensic investigation, the shortcomings with regard to child rape investigations and correct procedures for conducting child rape investigations formulated.
The study found that generally rape cases were not properly investigated, correct procedures were not followed (biological/physical evidence was not readily identified nor correctly handled) and applicable directives pertaining to child rape investigations not complied with. Investigators had a narrow understanding of the concept forensic investigation. In child rape investigations it would be of more evidential value and reliable to collect physical evidence such as blood, semen, vaginal fluids and saliva as the child’s testimony at court might not be reliable, particularly when subjected to cross examination. Rape is both a contact crime as well as a psychologically motivated crime and both aspects of the trauma needs attention during the investigation process.
Crimes against women and children are also a national concern, thus making child rape a priority crime for the South African Police Service. For any successful prosecution it is necessary that policy and correct procedures are not compromised but rather strictly adhered to.
The Locard Principle in relation to physical evidence such as body fluids at the crime scene needs to be focussed on during the investigation process. The research suggests that the current standing operating procedures be amended to include the critical aspects of child rape investigation such as processing of the crime scene, the search for biological evidence as well as the packaging and preservation of biological evidence. / Police Practice / M. Tech. (Forensic Investigation)
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An analysis of the role of South African Police Service railway policing in crime prevention in South AfricaMadzivhandila, Avhashoni Cynthia 01 1900 (has links)
This is a qualitative study that was intended to analyse the role of South African Police Services (SAPS) railway policing in crime prevention in South Africa (SA). Commuters are exposed to various criminal activities in the railway environment. The Metro Rail trains are the most affordable trains and for that reason, the majority of commuters use these trains to travel to and from their workplaces. This study focused on the large stations in the Gauteng province, South Africa, as there is a high influx of people coming from various provinces for job opportunities. Alexander (2019:np) states that Gauteng is the smallest province, but has the largest population and economy.
The non-random sampling procedure was used to select participants. Data was collected by means of perusing the existing literature, SAPS information notes, official documents and articles. Interviews were conducted with South African Police Service Rapid Rail Unit (SAPSRRPU) members. Each unit was represented by a maximum of eight members. The information obtained from the participants was analysed by using the Atlas-ti software. This is a computer program used to analyse data in qualitative research. / Iyi ndi ngudo ya ndeme i itelwaho u saukanya mushumo wa yunithi ya vhupholisa ha raliwei ya Tshumelo ya Tshipholisa ya Afrika Tshipembe (SAPS) kha u thivhela vhugevhenga Afrika Tshipembe (SA). Vhaṋameli vha livhanwa na nyito dzo fhambanaho dza vhugevhenga kha vhupo ha raliwei. Zwidimela zwa Metrorail ndi zwone zwidimela zwi sa ḓuresi, nahone nga ṅwambo wa izwo vhunzhi ha vhaṋameli vha shumisa zwidimela izwi u enda u ya na u bva mishumoni yavho. Ngudo iyi yo sedza kha zwiṱitshi zwihulwane zwa vundu ḽa Gauteng, Afrika Tshipembe, saizwi hu na vhathu vhanzhi vha bvaho kha mavundu o fhambanaho vhane vha khou ṱoḓana na zwikhala zwa mushumo. Alexander (2019:np) u bula uri Gauteng ndi vundu ḽiṱukusa, fhedzi ḽi na tshitshavha tshinzhisa na ikonomi.
Tsumbonanguludzwa dzi songo tou khethwa dzo shumiswa u nanga vhadzheneleli. Data yo kuvhanganywa nga kha u fhenḓa maṅwalwa a re hone. Notsi dza mafhungo dza SAPS, maṅwalo a tshiofisi na athikili. Inthaviwu dzo itwa na miraḓo ya Yunithi ya Tshipholisa tsha Raḽiwei tshi Ṱavhanyaho tsha Tshumelo ya Tshipholisa tsha Afrika Tshipembe (SAPSRRPU). Yunithi iṅwe na iṅwe yo vha yo imelelwa nga gumofulu ḽa miraḓo ya malo. Mafhungo o wanalaho u bva kha vhadzheneleli o senguluswa nga u shumisa sofuthiwee ya Atlas-ti. Phurogireme ya khomphiyutha iyi I shumiswa u saukanya data kha ṱhoḓisiso dza ndeme. / Ndzavisiso lowu wa qualitative wu na xikongomelo xo xopaxopa ndzima ya yuniti ya vutirheli bya maphorisa ya Afrika Dzonga ku nga South African Police Services (SAPS) eka ku sivela vugevenga eAfrika Dzonga. Vakhandziyi va xungetiwa hi vugevenga bya mixaka yo hambanana eka tirhalaweyi ta switimela. Switimela swa Metrorail swi chipile swinene, hikokwalaho, vanhu vanyingi va vakhandziyi va tirhisa switimela ku ya na ku vuya emitirhweni. Ndzavisiso lowu wu languta ngopfu switici leswikkulu swa switimela eka xifundzhankulu (provhinsi) ya Gauteng eAfrika Dzonga hikuva ku na vanhu vanyingi lava va sukaka eka swifundzhankulu swin'wana ku ta ejoni ku ta lava mitirho. Alexander (2019:np) u vula leswo Gauteng i xifundzhankulu xitsongo swinene eka swin'wana, kambe xi na vanhu vanyingi swinene na ikhonomi leyikulu swinene.
Ku tirhisiwe fambiselo leri vuriwaka non-random sampling ku hlawula vanhu vo va na xiavo eka ndzavisiso. Data yi hlengeletiwe hi ku hlaya matsalwa lama nga kona, tinoti ta vutivi ta SAPS, na tidokumente ta ximfumo na tiatikili. Ku endliwe ti-inthavhyu na swirho swa maphorisa ya rhalaweyi ku nga South African Police Service Rapid Rail Police Unit (SAPSRRPU). Yuniti yin'wana na yin'wana a yi yimeriwe hi swirho swa nhungu. Vutivi lebyi byi nga kumeka eka lava a va ri na xiavo byi ve byi xopaxopiwa hi ku tirhisa Atlas-ti software. Leyi i program ya khompyuta leyi tirhisiwaka ku xopaxopa data eka rhiseche leyi endliwaka hi ndlela ya qualitative eka mindzavisiso. / Criminology and Security Science / Ph. D. (Criminal Justice)
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A critical analysis of the crime prevention role of the military police division in the South African National Defence Force (SANDF)Mathebula, Esewu Mxolisi 04 February 2019 (has links)
The purpose of this research study was to offer a critical analysis of the crime prevention role of the MPD in the SANDF. A recent development in SA where military personnel are deployed to quell acts of violence and xenophobic attacks, makes this requisite and pertinent research.
A qualitative research method was adopted, which goes well with the pragmatist worldview. A pragmatist worldview affords researchers the flexibility to choose the type of technique, method and procedures to be utilised in the research study. A literature review was conducted, followed by interviews with members of the MPD. The researcher interviewed a total of 23 members from the MPD. These members were chosen based on their experience and knowledge as military police officials. The data received from participants was analysed using a computer software programme called Atlas.ti.
The findings of this research study revealed that crime prevention in SA is the responsibility of the SAPS, not the SANDF. The defence force can be deployed as a last resort in extreme cases when the SAPS are not able to contain the situation. Members of the defence force are not trained to deal with matters of maintenance of law and order. However, the defence force has its own crime fighting component in the form of the MPD, which can perform policing functions anywhere and at any time as long as it is aimed at enforcing the Defence Act (Act 42 of 2002).
The conclusion reached by this research study is that MPD members must be capacitated in terms of both human resources and training so that they are able to deal effectively with crime within the SANDF. In an effort to address crime within the SANDF, the study proposes a model that supports the interaction between various role players in crime prevention. / Injongo yalolu cwaningo ukuhlolisisa nokuhlaziya igunya namandla okuvikela ubugebengu embuthweni wezokuvikela wase Ningizimu Afrika. Lolu cwaningo lusungulwe ngokubonakala kwentuthuko yakamuva ezenzweni zobugebengu eNingizimu Afrika lapho amalunga amasosha ethu agcina esefakwe emsebenzini wokuqeda udlame kanye nokuvikela kokuhlaselwa kwabokufika. I qualitative method indlela ucwaningo oluqhutshwa ngayo emhlabeni wonke olubheka ingqikithi nomsusa wesenzo lesi esisuke senzekile futhi kutholakele ukuthi loluhlobo lokucwaninga lusebenza kahle kakhulu. Ukwenza ucwaningo ngokuzikhandla kanye nokukhululeka kwenza abacwaningi basebenzise ubuhlakani babo kanye nezindlela ezingcono zokucwaninga, futhi zenza ukufunda ngocwaningo kuhambe kahle. Umcwaningi wabuyekeza izincwadi ezazisetshenzisiwe ngaphambilini waphinde wakhulumisana namalunga angamashumi amabili nantathu amaphoyisa wezokuvikela kwezwe phecelezi Military Police Division. Lamalunga akhethwa ngokuba ngomakade ebona futhi nangokuba mkantshubomvu kulomsebenzi wobuphoyisa embuthweni wezempi. Ubuciko bukangcondomshini obuthiwa yi-Atlas.ti buye basetshenziswa ukuhlunga kabanzi yonke imininingwane eye yatholakala kulamalunga. Okutholakele kulolu cwaningo kukhombisa ukuthi umsebenzi wokuvimbela ubulelesi ukuthi kungenzeki kungumsebenzi wamaphoyisa aseNingizimu Afrika (SAPS) kuphela, akuwona umsebenzi wombutho wezokuvikela. Umbutho wezokuvikela ungatshalwa kuphela njengendlela yokugcina ezimweni ezibucayi lapho khona amaphoyisa aseNingizimu Afrika engakwazi ukulungisa noma ukumelana nesimo. Ngaphezu kwalokho, amalungu ombutho wezokuvikela aweqeqeshelwe ukulwa nobugebengu. Umbutho wezokuvikela unebutho eliqeqeshelwe ukulwa ubugebengu kanye nokwephulwa komthetho lelo butho amaphoyisa wombutho wezokuvikela phecelezi Military Police Division.
Isiphetho salolu cwaningo ukuthi amaphoyisa ombutho wezokuvikela kufanele anikezwe zonke izinsiza ezifanele aphinde aceceshwe kanzulu ukuze akwazi ukumelana kanye nokuceda ubugebengu embuthweni wezokivikela. Ukuze kubhekwe ubugebengu ngaphakathi kwi SANDF, umfuziselo olwatuswa olusekela ukusebenzisana phakathi kwabo bonke ababambe iqhaza ezinhlakeni ezahlukene ekuvimbeleni ubugebengu. / Injongo yolu phando kukunikezela ngohlalutyo oluntsonkothileyo ngendima yeMPD kwi SANDF, yokuthintela ulwaphulo-mthetho. Iziganeko zakutsha nje eMzantsi Afrika, apho kuye kwafuneka ukuba abasebenzi bomkhosi wokhuselo bathunyelwe ukuya kunqanda izenzo zobundlobongela nokuhlaselwa kwabemi bangaphandle, zenza ukuba olu ibe luphando olunyanzelekileyo nolubalulekileyo.
Indlela yophando ngokwexabiso isetyenzisiwe, iyeyona ihambelana kakuhle nendlela ebona ngeliso elibanzi kwilizwe jikelele. Indlela ebona ngeliso elibanzi kwilizwe jikelele yeyona inika abaphandi inkululeko yokukhetha ubuchule, umgaqo kunye nenkqubo enokusetyenziswa kuphando olo. Uhlalutyo lwemibhalo luye lwenziwa, kwalandela udliwano ndlebe namalungu eMPD. Umphandi wenze udliwano-ndlebe namalungu eMPD angama-23 ewonke. La malungu akhethwe ngenxa yamava kunye nolwazi analo njengabasebenzi bomkhosi wezokhuselo. Iinkcukacha ezifumaneke kwabo bathathe inxaxheba ziye zahlalutywa kusetyenziswa ubuchwepheshe bekhompyutha obubizwa ngokuba yi-Atlas.ti.
Ulwazi olufumaneke kolu phando lubonise ukuba ukunqandwa kolwaphulo mthetho eMzantsi Afrika luxanduva lweSAPS, hayi olweSANDF. Igqiza lomkhosi wokhuselo linakho ukuthunyelwa ngondancama xa kukho iimeko eziqatseleyo, xa i-SAPS isoyiswa kukumelana nesimo. Amalungu womkhosi wokhuselo awakuqeqeshelwanga ukujongana neemeko zokugcinwa komthetho. Nangona kunjalo, amalungu womkhosi wokhuselo analo icandelo lokulwa ulwaphulo-mthetho eliyi-MPD, elelona candelo elikwaziyo ukwenza umsebenzi wesipolisa naphina kwaye nanini na ekubeni nje inyanzelisa umthetho obizwangokuba yi-Defence Act (Umthetho wama- 42 wonyaka wama-2002).
Xa beluqukumbela olu phando bafumanise ukuba amalungu weMPD kufuneka axhotyiswe ngokunikwa abasebenzi abafanelekileyo nangokuqeqeshwa ukwenzela ukuba bakwazi ukugagana ngokufanekelikelyo nolwaphulo mthetho ngaphakathi kwiSANDF. Kwiinzame zokujongana nolwaphulo mthetho kwiSANDF, olu phando luphakamisa ukuba kubekho indlela yokusebenza exhasa unxibelelwano phakathi kwabathathi nxaxheba abahlukeneyo ekuthinteleni ulwaphulo mthetho. / Police Practice / D. Litt. et Phil. (Police Science)
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The significance of video evidence analysis in the investigation of murder cases against the policeKgamanyane, Ketsebae Israel 09 1900 (has links)
The researcher attempts to establish the significance of video evidence analysis in the investigation of murder cases against the police. The evidence obtained could be crucial and admissible in court and ultimately resulted in the successful prosecution of an accused person. In order for investigators to conduct an effective investigation, it is important that they become familiar with the application of video evidence, its purpose, benefits and shortfalls.
In order to achieve the intended goals and objectives of video evidence, the investigators should know how to collect, package, process and analyse video evidence.
The clarification and processing of the crime scene of video evidence as well as the identification of a suspect at the scene of crime is very much important and without video evidence it would be difficult to convict an accused person in a court of law. / Police Practice / M. Tech. (Forensic Investigation)
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Modus operandi as technique in suspect identification in burglary casesBerning, J. M. S. P. 31 August 2008 (has links)
The research attempts to establish how modus operandi can be used to identify
suspects in burglary cases. To conduct effective investigation, it is important
for investigators to be familiar with the concept modus operandi, its elements,
its influence and its values.
To achieve the goals and objectives of the practice of modus operandi,
investigators must know how to apply modus operandi, what the situational
factors are during a criminal act, and how to use it as technique to identify
suspects in burglary cases.
The direction by implication and clarification of the crime situation is hardly
possible without the determination of the identity of the perpetrator or suspect
of a criminal act. The recognition of the modus operandi system as any form of
evidence gathering is of outmost importance. / Criminology and Security Science / M.Tech. (Forensic investigation)
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The exploration of appraising internal controls to detect procurement fraud during the tender stage at minesVenter, Jan Willem Nicolaas 02 1900 (has links)
Text in English / Procurement fraud is an enormous problem and the South African news is perforated with reports of this illicit act.
Procurement fraud occurs in all the phases of the procurement cycle, but this illicit act is mostly committed during the tender phase. Business does not see procurement fraud as a crime and therefor this crime is committed due to non-existent internal controls and processes to assess the adequacy of these controls. The purpose of the research was to highlight that procurement fraud occurs when internal controls are being bypassed or if an entity has an ineffective internal control system. The researcher studied the appraising of internal controls to understand the role it plays in detecting, preventing and investigating procurement fraud, specifically during the tender phase. The research design utilised was a qualitative research approach and an empirical design plan or strategy, to obtain the information. The researcher opted for this design to obtain information from literature and information from individuals in appraising internal controls. This ensured a comprehensive data gathering process.
The goal of this research was to provide practical recommendations to assist investigators in private and public sectors with investigations into procurement fraud during a tender. / Police Practice / M. Tech. (Forensic Investigation)
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Evaluating the role of investigators during bail applicationDube, Ntombenhle Cecilia 11 1900 (has links)
Text in English / Every victim wants to see the perpetrator or offender of serious crimes convicted for their criminal actions. Each victim in a case is supported by witnesses and the community in wanting accused persons to be locked away behind bars. Having the accused persons locked away in prison is an achievement of every role player involved in the process of putting that accused where he/she belongs. The ultimate goal of investigation is to see successful bail opposing to ensure the safety of witnesses. There are accused who are released from custody by the court despite many attempts made by an investigator to keep that criminal in custody until trial.
Victims and witnesses are struggling to get their offenders punished for the crimes they committed. It is the wish of every investigator of crime to satisfy every complainant in cases but it does not always happen, not because of any lack of skills, but because of many factors which come along with the successful prosecution in a case. Once the accused is released on bail, the chances and hopes of putting him/her back in prison are equal to the chances of getting him/her back in the community for good. This difficulty is caused by the fact that, once the accused is out on bail he/she might evade trial or the docket will be in and out of court for further evidence until the court declines to prosecute. / Criminal and Procedural Law / M.A. (Criminal Justice)
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