Sexual violence perpetrated during armed conflict is a notoriously prolific, yet oft neglected phenomenon. It used to merely be considered an inevitable by-product of war, yet recently sexual violence has come to be described as a 'weapon of war'. This refers to the deliberate and tactical intentions of the perpetrators, and alludes to the fact that sexual violence has been and continues to be an inherent aspect of conflicts. Fortunately, with increased global attention on this issue, there have been numerous developments in international humanitarian law as well as the field of criminal justice, which serve to recognise and condemn the prevalence of wartime sexual violence. That is, rape and other forms of sexual violence have been categorised as international crimes falling within the jurisdiction of international criminal tribunals and courts dealing with conflict situations. Furthermore, there have been several convictions of persons indicted for such crimes. These advances must be applauded, yet there remains a troubling omission: the provision of reparations to the victims of wartime sexual violence. Though the international tribunals and courts are statutorily empowered to award such reparations, there seems to be lapse in this regard. This is critically problematic considering the many harmful consequences of conflict-related sexual violence, namely: physical and medical issues, emotional and psychological issues, social exclusion and stigmatisation, as well as resultant monetary issues. Without a concomitant award of reparations attached to the conviction of a perpetrator of wartime sexual violence, victims are not able to experience true justice. The focus of this paper therefore rests on the challenges of the official court system - specifically that of the ICC - in providing reparations to victims of conflict-related sexual violence. With these in mind, it is recommended that a separate forum be created to deal exclusively with the provision of reparations.

Objective: To determine how prevalent the illegal trade in cigarettes is in Mowbray, whether buyers thereof are aware of the illegal nature of their purchases, and whether they would transition to buying legal products if they became aware of the illegal nature of their purchases. Methods: Observations of stores throughout Mowbray were used to determine which stores sold illegal cigarettes, using price of packs of cigarettes as a determinant for illegality. Surveys were conducted using smokers in Mowbray as subjects in order to understand preferences of these subjects in terms of which products they bought and at which type of store they bought from. An interview was conducted with a Brigadier of the Directorate for Priority Crimes in order to understand how illegal cigarettes are policed in the country. Results: The research shows that cigarettes in Mowbray are very accessible and popular amongst consumers. It further demonstrates that most consumers of illegal products are aware of the illegal nature of their purchases and would not transition to legal products if it meant paying higher prices. Conclusions: The prevalence of illegal cigarettes is a result of the failure of state institutions to adequately address the issue. The popularity amongst consumers stems from the high availability of illegal cigarettes and the low prices thereof. Responses of state institutions tasked with addressing the illegal trade are essential in order to combat the trade.

Sexual violence is a pervasive problem in South Africa. Although we have pioneered a range of specialised post-rape structures and services over the last two decades, access to and availability of such services is varied, and the systems are plagued by inadequate training, weak intersectoral collaboration and a lack of resources, which result in significant provincial discrepancies (Jewkes et al., 2009; Machisa et al., 2017; Vetten et al., 2008). Evidence suggests that Sexual Assault Evidence Collection Kits (SAECKs) is one area that demands urgent attention. The current backlog in analysing SAECKs is estimated to be at over 100 000 DNA samples (Waterworth, 2020). As local research on SAECKs is limited both in quantity and scope, this study undertook a semi-systematic literature review of published articles that address rape kits and international best practices to identify evidence-based recommendations for SAECK policy and future research. From a total of 206 sources, 31 were eligible for inclusion in the review with all but one article presenting research conducted in the United States, predominantly focusing on the national rape kit backlogs. The literature shows that ineffective use of SAECKS in South Africa may not be the result of a lack of specialised services but rather the poor implementation of related policy. Recommendations for best practices must address these challenges while also accounting for the context-specific factors that may impact the uptake and implementation of rape kit policy, such as the availability of resources, accountability mechanisms and the prioritisation of sexual assault cases. The key recommendation argues for expanding and improving existing provisions in respect of SAECKs in South Africa and identifies realistic and strategic measures for addressing their ineffective use.

Occult-related crimes are crimes of a spiritual nature, in Africa, the study of these crimes could be approached from the field of African cosmology, which encompasses spirituality, culture, and nature. But these crimes also exist in a sociopolitical context, as well as an economic one. It is said that modern occult crimes have become entrepreneurial, this is what the Comaroffs (1999) call ‘modern occult economies.' The transition from traditional occult practices to modern practices can further be explored through a lens of, deeply rooted belief systems, being hijacked and manipulated by the opportunistic. This research explores not only traditional African occult crime, but also the Western branch practices and hybrid systems, and it touches on global occult crimes and ‘moral panics'. Occult crime is not labelled as such, but as general crimes, but the argument is for the typology of occult crime, for this has implications on police training and investigation, as well sentencing processes in courts. Modern-day panics are described as conspiracy theories, and in the 80s and 90s a significant example of this phenomenon was labelled the ‘Satanic Panic', and more recently, it could be argued in the theories of groups like QAnon. Further, the policing of the occult is engaged, specifically in South Africa, through exploring the challenges in the policing of occult crimes, by general police officers and South Africa's Occult Related Crime Unit (ORCU). Complexities in the South African criminal justice system and the occult, as with legislation and the judiciary, is an ongoing conversation between scholars, and one this research also touches on.

The phenomenon of serial killers is a fascinating topic for readers, as well as for researchers. This dissertation is going to expand the steadily growing stock of literature regarding the origin of serial killers, but with a focus on the social environment. As the social environment differs from country to country, depending on cultures, history, societies, and economic circumstances, it is important to take a South African perspective when studying the social environment of individuals in South Africa. After explaining the different approaches to define the term `serial killer´, this paper provides a solid review of previous research on the origin of serial homicide in South Africa. While presenting the most popular theories on the origin and development of serial killers in South Africa, it becomes evident that the social environment has never been considered to be a factor that might play a role. This paper criticises the fact that an examination of the social environment of serial killers has been absent in previous research on the development of serial killers. Consequently, it makes it its task to examine the social environment of South African serial killers via multiple case studies. Six South African serial killer cases are presented and the social environment of the individuals is explained. Moreover, similarities between the cases and other conspicuities are pieced together and analysed, followed by a discussion on how they might have an impact on a serial killer. Additionally, the paper gives some food for thought on why the social environment in South African townships is so fertile for serial killers to offend and what cultural and historical circumstances might play a role in developing such an environment. Providing incentives for further in-depth research here and there, this research expands the steadily growing body of literature on serial killers from a South African perspective. The paper concludes that the social environment of serial killers is a huge and interesting subject area, with many possible influencing factors that are therefore worth exploring further. Additionally, this paper proposes that the social environment should be taken into account when researching serial killers in general, and especially their origin and development. This paper takes the initiative to research the social environment as an independent factor within the phenomenon of serial killers. It proposes a preliminary examination approach to the role of the social environment in relation to the origin of South African serial killers for the purpose of drawing attention to the importance of including it when researching serial killers to generate a better understanding of the origin of serial killers and the phenomenon in general.

The Native Territories Penal Code (NTPC) was passed by the Parliament of the Cape of Good Hope in 1886. It was part of the administrative machinery of the Cape colonial authorities for the Xhosa speaking people who occupied the area between the Great Kei and the Mtamvuna Rivers. However, it became the criminal code applicable to all people living in the Transkeian Territories regardless of race or colour. The Code was enacted ■following the recommendations of the Cape Government Commission on Native Laws and Customs (1883). Quite unexpectedly this Code exerted a great deal of influence on South African criminal law especially after union was formed in 1910. This was because the code was a document readily available to judges and magistrates in South Africa, and when a difficult question of law arose it was all very easy to say that the South Africa law on the point was as laid down in a particular section of the Code. In this way the Code also assisted in the importation of English law into South African lav;. Text book writers like Gardiner and Lansdown also contributed to the influence of the NTPC on South African criminal law. As time went on, however, South African jurists saw the mistake of the NTPC being recorded as a correct reflection of South African law in particular areas and set out to correct the position. Prominent among these are De Wet & Swanepoel and P.M.A. Hunt. They achieved a great measure of success in watering down the influence of NTPC on South Africa law , although it cannot be said that they eradicated it. So strong was Che influence of this Code that it was felt even as far away as Rhodesia and Bechuanaland (as they then w e r e ). / Criminology and Security Science / D.LI. (Criminology)

The thesis seeks to enhance understanding of the recent reform of capital punishment law, policies and institutions in China by studying its causes, significance, and limits. The research surveys the reform initiated by China’s top judiciary – the Supreme People’s Court - around 2006-2007. It demonstrates a changing domestic socio-political context, within which the external and internal impetus to reform is inevitable. Drawn from elite interview evidence with penal policy makers including judges, prosecutors, and legislators, the thesis concludes that Europe-inspired, cross-border abolitionist sentiments created motivation for change in China through soft mechanisms of shaming and persuasion, albeit to a limited degree. In the domestic realm, the research identified three pairs of interrelated tensions – the contradiction between elites and the public, the conflict between political intervention and judicial autonomy, and the divergent interests and priorities between top judicial organs and lower courts. These tensions are useful social, political and legal indicators to explain why and how China reformed its capital punishment machinery.

An estimated 200,000 juveniles are tried as adults yearly and receive punitive sentences intended to deter juvenile crime and increase public safety. Few qualitative studies on juveniles sentenced as adults and contradictory results indicate a need for further research. This study used a qualitative, phenomenological interpretive design, with the conceptual frameworks of general and specific deterrence and rational choice theories. In-depth interviews took place with 12 incarcerated adults serving sentences (24--540 months) for juvenile crimes. The research questions explored their knowledge of transfer laws and adult sentencing and perceptions of deterrence from future criminal activity. Coding of transcripts and audio files was distilled into meaning units following the hermeneutical tradition, and triangulation was used to identify overarching themes and patterns. Findings revealed that no participants understood application of transfer to adult court to them, and 10 (83%) revealed ignorance of juvenile transfer laws. Thus, they did not weigh costs or benefits prior to offending (general deterrence) or exercise rational decision making; however, 11 (92%) would have reconsidered offending if they were aware of adult sentences. Half admitted the impacts of incarceration would not deter them from future offending (no specific deterrence), and half believed negative factors would prevent recidivism. Study results can prompt further research in juvenile offenders' knowledge and decisions regarding adult sentencing. Implications for social change include dissemination of findings to deter adolescents from criminal behavior. Findings may also aid policymakers' reevaluation and revision of sentencing policies for juvenile offenders to help prevent juvenile crime and recidivism and increase public safety.

Prostitution occupies a significant place in academic research. It has been analysed from a range of disciplines including sociology and anthropology, women’s studies, criminology and law, and medicine and health services. Much of the recent scholarship in Australia concerning prostitution has focussed on the relationship between sex work and sexually transmissable diseases, and on the decriminalisation of prostitution. Despite the considerable number of studies into prostitution, there has been only limited consideration in Australia of prostitution as a form of waged labour. Some feminist theorists, writing from an historical perspective, have examined the concepts of sex and work and the way in which these are reproduced within the practice of prostitution.

The Native Territories Penal Code (NTPC) was passed by the Parliament of the Cape of Good Hope in 1886. It was part of the administrative machinery of the Cape colonial authorities for the Xhosa speaking people who occupied the area between the Great Kei and the Mtamvuna Rivers. However, it became the criminal code applicable to all people living in the Transkeian Territories regardless of race or colour. The Code was enacted ■following the recommendations of the Cape Government Commission on Native Laws and Customs (1883). Quite unexpectedly this Code exerted a great deal of influence on South African criminal law especially after union was formed in 1910. This was because the code was a document readily available to judges and magistrates in South Africa, and when a difficult question of law arose it was all very easy to say that the South Africa law on the point was as laid down in a particular section of the Code. In this way the Code also assisted in the importation of English law into South African lav;. Text book writers like Gardiner and Lansdown also contributed to the influence of the NTPC on South African criminal law. As time went on, however, South African jurists saw the mistake of the NTPC being recorded as a correct reflection of South African law in particular areas and set out to correct the position. Prominent among these are De Wet & Swanepoel and P.M.A. Hunt. They achieved a great measure of success in watering down the influence of NTPC on South Africa law , although it cannot be said that they eradicated it. So strong was Che influence of this Code that it was felt even as far away as Rhodesia and Bechuanaland (as they then w e r e ). / Criminology and Security Science / LL. D. (Criminology)