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Harbour policing : a criminological investigationMcIntyre, Robert Peter. January 1995 (has links)
Submitted to the Faculty of Arts in fulfillment of the requirements for the Degree Mater of Arts in the Department of Criminal Justice at the University of Zululand, South Africa, 1995. / This research project which is the first of its kind in South Africa, entails
a criminological study of harbour policing in South Africa.
Firstly, it is primarily concerned with the historical development of harbour
policing prior to its inception in 1916 in terms of the proclamation
of The Railways and Harbours Regulation, Control and Management Act, Act
22 of 1916, as well as the period following 1916 which paved the way for
the dawn of the reorganization of Harbour Policing as an official police
force on 1 July 1934 and thereafter.
Secondly, this investigation aims at describing maritime jurisdiction by
means of emphasizing the existence of different conventions, such as the
Hague Convention of 1930, the Geneva Convention of 1958 and the Law of the
Sea Convention of 1982, as no Parliament exists to pass laws pertaining to
the sea. It appears from this investigation that maritime fraud, theft of
cargoes on the open sea, piracy and the illegal sinking of ships, oil pollution,
etc. are matters of great concern for harbour policing.
Functional harbour policing seems to be dependent upon various role players,
such as :
* The- Sea Fishery Act (Act 12 of 1988), for the protection of our sea
resources;
The Merchant Shipping Act (Act 57 of 1951);
The Department of Transport (Maritime section) to ensure a clean and
safe sea;
The Defence Force (Navy} whose main task is to defend;
The Natal Parks Board for conservation of fauna and flora;
Customs and Excise Control to protect state funds;
The National Sea Rescue Institute to assist people in distress at
sea: and
The South African Police service tor execution of the law and law
enforcement.
Proactive functional harbour policing is based on short-term crime prevention
techniques such as visible role-fulfilment by means of patrolling l
while reactive harbour policing entails the investigation of crimes committed
on the sea, in the harbour and areas adjacent to the seal such as
crimes mala in se and crimes mala prohibita.
This investigation rests on documentary studies I personal interviews and
an empirical analysis and description of all types of crimes and functional
activities handled by the Water Wing of the South African Police
Service.
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Recommendations include, inter alia, the following :
* Follow-up research on harbour policing to keep abreast with overseas
development;
The role of the South African Narcotics Bureau (SANAB) with regard
to the smuggling of dangerous producing and habit forming substances
such as drugs as well as the illegal smuggling of weapons and other
material;
Closer co-operation between different units of the Water Wing and
other "stakeholders" with regard to creating a sound knowledge of
legislation pertaining to the sea:
Education of criminal justice practitioners on the one hand and the
general public on the other hand with regard to legislation applicable
to the sea and adjacent areas; and
The upgrading of security measures in South African harbours.
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