In this study the researcher’s focus was on the analysis of human rights training in SAPS, a case study in Gauteng. The whole study is covered by over seven chapters. In chapter one, the introduction to human rights is discussed and the reason that motivated the researcher to pursue the study under the topic. Most importantly the aim and objectives of the study are outlined. Chapter two main focuses is on the regulatory frameworks of human rights training and programmes. In chapter three the attention is on the international best practice for police training in human rights, as any police training is benched marked internationally. Chapter four the researcher explains the research methodology used in this study, as it is important for the reader to have an understanding. Chapter five discusses the data that is collected and the analysis thereof by using nine themes to analyze data. In chapter six the discussion is based on the finding of data analysis from chapter five. Finally the researcher in chapter seven gives the summary of the study, the recommendations and conclusion on how to improve the training of human rights in the SAPS. / Kulolu cwaningo, umcwaningi ugxile ekuhlaziyeni uqeqesho kwezamalungelo abantu kwa-SAPS, kubhekwa kabanzi okwenzeka eGauteng. Ucwaningo oluphelele lwethulwa ezahlukweni eziyisikhombisa. Kwisahluko sokuqala, kwethulwa ingxoxo ngamalungelo abantu kuphinde kunikezwe izizathu ezigqugquzele umcwaningi ukuba enze lolu cwaningo ngaphansi kwalesi sihloko. Okubaluleke kakhulu, injongo nezinhloso zocwaningo kubaluliwe. Isahluko sesibili sigxile kakhulu ezinhlakeni ezilawulayo zoqeqesho kwezamalungelo abantu kanye nezinhlelo. Esahlukweni sesithathu, kubhekwa kakhulu indlela eyimpumelelo amanye amazwe enza ngayo maqondana nokuqeqeshwa kwamaphoyisa kwezamalungelo abantu, njengoba kubhekwa ngokuqhathanisa nanoma yiluphi uqeqesho lwamaphoyisa emazweni omhlaba. Kwisahluko sesine, umcwaningi uchaza indlela yokucwaninga esetshenziswa kulolu cwaningo, njengoba kubalulekile ukuba ofundayo akuqonde akufundayo. Isahluko sesihlanu sidingida imininingwane eqoqiwe kanye nokuhlaziywa kwayo ngokusebenzisa izingqikithi eziyisishiyagalolunye zokuhlaziya imininingwane. Kwisahluko sesithupha, ingxoxo incike kulokho okutholakele uma kuhlaziywa imininingwane esahlukweni sesihlanu. Okokugcina, kwisahluko sesikhombisa, umcwaningi unikeza isifinyezo socwaningo, izincomo kanye nesiphetho maqondana nendlela okungathuthukiswa ngayo uqeqesho kwezamalungelo abantu kwa-SAPS. / Kwesi sifundo umphandi ugxininise kuhlalutyo loqeqesho ngamalungelo oluntu, qeqesho olo lwenziwa kumalungu eSAPS, ngesifundo samava eGauteng. Isifundo esi sisonke siqulethe izahluko ezingaphaya kwesixhenxe. Kwisahluko sokuqala, kuxoxwa ngokwaziswa kwamalungelo oluntu nesizathu esiqhubele ekubeni umphandi alandele isifundo phantsi kwesi sahluko. Okona kubaluleke kakhulu kukuchazwa kweenjongo neziphumo ezibonakalayo zesi sifundo. Isahluko sesibini sigxininisa kwisakhelo solawulo loqeqesho neenkqubo zamalungelo oluntu. Kwisahluko sesithathu kuqwalaselwa kweyona ndlela ingcono kulo lonke ihlabathi, kuqeqesho lwamapolisa malunga namalungelo oluntu, njengoko naluphi na uqeqesho lwamapolisa lusekelwa kwindlela ekwenziwa ngayo kwihlabathi liphela. Kwisahluko sesine umphandi ucacisa indlela yophando ayisebenzisileyo kwesi sifundo, kuba oku kubalulekile ekuqondeni komfundi. Isahluko sesihlanu sixoxa ngeenkcukacha zolwazi eziqokelelweyo ukuze zihlalutywe ngokusebenzisa imixholo emihlanu yokuhlalutya iinkcukacha zolwazi. Kwisahluko sesithandathu ingxoxo isekelwe kokufunyaniswe kuhlalutyo lweenkcukacha zolwazi olwenziwe kwisahluko sesihlanu. Ekugqibeleni, kwisahluko sesixhenxe umphandi unika isishwankathelo sesifundo, iingcebiso nezigqibo malunga nendlela ekunokuphuculwa ngayo uqeqesho malunga namalungelo oluntu kwiSAPS. / Police Practice / M. A. (Criminal Justice)

The judicial system is moving away from a retributive justice system to a more rehabilitative, restorative justice system. Diverting youth offenders from the justice system by alternative sentencing options such as diversion programmes is one way of doing this. Jt was found that a need exists for the development of a therapeutic programme for the rehabilitation of youth offenders in South Africa. The purpose of the study was to detennine the content of therapeutic rehabilitation programme and subsequently to develop a provisional therapeutic programme for youth offenders. The first part of the literature study summarized a number of theories used to explain the incidence of youth offence. The second part of the literature study discussed various risk factors that could lead to youth offence. Thirdly, the juvenile justice system in South Africa was discussed. Finally, the characteristics of effective rehabilitation programmes were discussed and a number of international and South African rehabilitation programmes were evaluated in tenns ofthese characteristics. In the literature study certain aspects for inclusion in a rehabilitation programme were identified. A list of topics that should be addressed by a rehabilitation programme was drawn up. A provisional therapeutic programme was compiled using the information gained from the literature study and the needs for a programme as identified by staff members at the facility where the programme was to be conducted. The programme was based on experiential learning. lt included a number of activities that addressed the topics identified by the literature study. The provisional programme was evaluated in tenns of its short-term effectiveness and adjustments to the programme were made. The adjusted programme was conducted at two other facilities and evaluated in tenns of its short-term effectiveness by the researcher, the staff at these facilities and the youth who took part in the programme. Staff at the two facilities where the empirical study took place were asked to complete questionnaires to identify their needs with regards to a rehabilitation programme as well as background questionnaires on the youth who were taking part in the programme. Recommendations for further improvements of the programme were made. / Psychology of Education / D. Ed. (Psychology of Education)

In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child; 1989, the Beijing Rules and the African Charter, relating to the guidelines of the establishment of a minimum age for criminal capacity are furnished. The developments regarding the issue of criminal capacity since 1998 in Australia, the United Kingdom and Hong Kong are highlighted. The historical position and the current position in South African law with regard to the issue of criminal capacity are discussed as well as the implementation thereof by our courts. The statistics on children under 14 years in prison over the past five years are furnished. The introduction of the Child Justice Bill, 2002 by Parliament and the deliberations following the introduction, focusing on the issue of criminal capacity is highlighted. The proposed provisions of the Child Justice Bill, 49 of 2002 codifying the present common law presumptions and the raising of the minimum age for criminal capacity are furnished. The evaluation of criminal capacity and the important factors to be assessed are discussed as provided for in the Child Justice Bill, 49 of 2002. A practical illustration of a case where the criminal capacity of a child offender was considered by the court is, discussed and other important developmental factors that should also be taken into consideration by the court are identified and discussed. Important issues relating to criminal capacity, namely, time and number of assessments, testimonial competency of the child offender, evolving capacities and age determination are discussed and possible problems identified and some solutions offered. The research included an 11-question questionnaire to various professionals working in field of child justice regarding the issue of criminal capacity and the evaluation thereof. / Criminal and Procedural law / D.Litt. et Phil. (Criminology)

With the establishment of the Directorate of Special Operations (Scorpions), the Asset Forfeiture Unit (AFU), the Special Investigating Unit (SIU) and the Departmental Investigating Unit (DIU), questions were asked as to whether this is a creation of new units of the Police Service. These questions were exaggerated by the fact that the media uses the term "Scorpions" whenever the Scorpions, the AFU, SIU and the DIU perform their functions. South African legislation that governs organised crime does not demarcate activities to be dealt with by the SAPS, AFU, DIU, Scorpions and the SIU. The Constitution of South Africa lays down the objects of the police, but it is silent about the objectives of the Scorpions, AFU, SIU, DIU and other investigative institutions except that it only mentions the creation of a single National Prosecuting Authority (NPA). A literature study was used as the basis for this study. In addition, unstructured interviews and observation were used to gather evidence from the relevant stakeholders. An analysis of the SAPS Detective Service, the Special Investigating Unit (SIU), the Scorpions, the Departmental Investigating Unit (DIU) of the Department of Correctional Services and the Asset Forfeiture Unit (AFU), was done in order to establish the overlapping of functions. Indeed, overlapping was discovered between the Scorpions and the SAPS Detective Service, the AFU and the SIU, as well as between the SAPS and the DIU. In order to make a proper finding, an analysis was done of anti-corruption agencies in Botswana, Nigeria, Malawi and Hong Kong. The findings indicate that the better way of fighting corruption, fraud, economic and financial crimes, is through the establishment of a single agency that will work independently from the police, with a proper jurisdiction. / Criminology and Security Science / D.Litt. et Phil.(Police Science)

The study provided a general orientation of crimes against children in South Africa to buttress the rationale of the research. A concise definition of crime, child, child abuse, sexual child abuse, physical child abuse, victims and perpetrators of sexual crimes against children. The research described the various forms of crimes against children in Guateng, the causes and explanations. An interpretation of the empirical study was provided in this research. It focussed on the perpetrators and victims of child sex crimes. The types of offenders, the motives and theoretical explanations of their behaviour. The modus operandi of the perpetrators found in the empirical study. The various characteristics of victims and perpetrators, the legal processes in the adjudication of child sexual offenders. The research examined some of the prevention strategies of child sexual crimes. Findings of the empirical research are provided. / Criminology and Security Science / M.A. (Criminology)

This report is the culmination of literature study and semi-structured interviews which assisted in developing a Model for Implementation of Restorative Justice in the South African Correctional System. The study explores the use of Restorative Justice as part of rehabilitation in a prison setting. Literature focuses mainly on Restorative Justice as part of diversion, in cases of first offenders and less serious offences. Restorative Justice with sentenced offenders has been gaining momentum, though. Diversity in terms of language, cultural and religious practice as well as social background, should be considered as it affects the decision to enter into a Restorative Justice process. Restorative Justice with sentenced offenders is challenging and in the main a largely unsupported field. The study draws on experience from other countries, while at the same time advocate for uniquely South African practice. The involvement of the most important role players, namely victim, offender and the community is emphasized. Attitude and insufficient training seem to be some of the challenges for the implementation of Restorative Justice. Successes are reported in the few sites where Restorative Justice is implemented in the Correctional System, but a change of mindset, of being open to possibilities other than lock-up and punish in the entire Criminal Justice System is needed. Restorative Justice in the Correctional System seems to have been approached as yet another new programme, and not as a paradigm shift for the entire Criminal Justice System. Dealing with conflict in a restorative way should be at the front end of the chain, with young children whose behaviour can be directed, as changing behaviour of adults proves to be difficult. Repentance and forgiveness in different cultures and spiritual backgrounds are some of the issues that are grappled with, although forgiveness is nowhere indicated as a requirement for a successful Restorative Justice process. Voluntary participation is required from victims and offenders with support from communities. It remains a deeply spiritual and individual journey for those who choose to turn away from anger, fear and hatred, and start the process of personal healing and restoration. Restorative Justice with sentenced offenders can assist in dealing with the aftermath of crime. / Penology / D. Litt. et Phil. (Penology)

Text in Afrikaans with summaries in Afrikaans and English, and English title page / This thesis is an attempt to give a penological evaluation relating to A comparative penological investigaion regarding Correctional Policy and Legislation, which is the aim of this research. This penological literature study will focus on an historic overview of the prison as an institution for punishment. Besides the historical background of the South African prison system it is also thereby placed on the policy and legislation of countries such as the Netherland's and England's prison institutions. After the implementing of policy and legislation in the prison systems the basis for an improved prison system was formed. Important core understandings of policy and the application of lawful prescriptions were checked and the different levels of the policy were included in the South African correctional system. Features of the policy and legislation were continually adapted after the changing needs and circumstances on social, economic and political environments. Consequently indicating in this comparative penological investigation it has come to the conclusion that no penalty institution can function normally and efficiently without a well-considered policy and legislation. It has been found that the formulation and implementation of the policy and prescriptions are an important part of the planning process of the correctional system. Rational for the search for correctional policy and legislation are mainly examined in South Africa and consequently it was to identify the respective policy and lawful prescriptions. It was contracted against the background of the maintenance and protection of a just, peaceful and safe society as the Law enforces verdicts of courts to imposed, charge like all captive sentence safe conservation to while their human dignity is assured and same time around the Constitution of the Republic of South Africa, No 108 of 1996. This Act was also promoting the social responsibility and human development of all prisoners and persons subject to community corrections. The implementation of policy and lawful prescriptions were orderly emphasised to the advantage or disadvantage of the captive and the prison system. This comparative investigation gave recognisance to international principles over corrective events and is included in a penological perspective at the same time. / Hierdie proefskrif is 'n poging om 'n teoretiese-prinsipiele uiteensetting te gee oor 'n Vergelykende penologiese ondersoek rakende Korrektiewebeleid en Wetgewing ten einde die doelwit van hierdie navorsing te bereik. 'n Literatuurstudie oor die historiese ontwikkeling van die gevangenis as strafinrigting is ingestel en is gefokus op die gevangenisstelsels in Suid-Afrika, Engeland en Nederland. Benewens hierdie historiese agtergrond is die doel om die ontwikkeling van die strafbeleid en wetgewing in oorsese lande en in Suid-Afrika te identifiseer ten einde die verandering binne die gevangenisstelsels te verstaan. Hierdie gebeurtenisse van vroeer en hedendaags het die grondslag gevorm vir 'n verbeterde gevangenisstelsel. Belangrike kernbegrippe van beleid en die toepassing van wetlike voorskrifte is nagegaan en die verskillende vlakke van beleid wat betrekking het op die Suid-Afrikaanse korrektiewe stelsel is omskryf. Wetgewing is as die hoogste vlak van beleid beskryf en gevolglik word beleid en wetgewing voortdurend aangepas na gelang van veranderde behoeftes en omstandighede op maatskaplike-, ekonomiese- en politieke terreine. In hierdie penologiese ondersoek is aangedui dat geen strafinstelling normaal en doeltreffend kan funksioneer sonder 'n deurdagte beleid en wetgewing nie. Daar is aangedui dat die formulering en implementering van die beleid en voorskrifte deel is van die beplanningsproses van die korrektiewe stelsel. Die rasionaal van korrektiewebeleid en wetgewing is hoofsaaklik in Suid-Afrika ondersoek en is onderskeie beleidsrigting en wetlike voorskrifte in oenskou geneem. Oit is gedoen teen die agtergrond van die instandhouding en beskerming van 'n regverdige, vreedsame en veilige samelewing wat deur die Wet voorgeskryf is om alle gevangenes in veilige bewaring aan te hou terwyl hul menswaardigheid verseker word. Dienooreenkomstig is daar uitvoering gegee aan die Grondwet van die Republiek van Suid-Afrika, No 108 van 1996 en bevorder hierdie Wet die maatskaplike verantwoordelikheid en die menslike ontwikkeling van aile gevangenes en persone onderworpe aan gemeenskapskorreksies. Die implemetering van korrektiewebeleid en wetlike voorskrifte is menigmale beklemtoon tot voordeel of nadeel van die gevangene en die gevangenisstelsel. Terselfdertyd is daar in hierdie vergelykende penologiese navorsing erkenning gegee aan internasionale beginsels oor korrektiewe aangeleenthede en is dit terselfdetyd in penologiese perspektief geplaas. / Criminology and Security Science / D.Litt. et Phil. (Penology)

This dissertation is the culmination of extensive literature study on the application of Restorative Justice in the South African Correctional System. International and national resources on the application of Restorative Justice both in Corrections and as pre-sentence option had been studied. The background of the penal system and the development of Restorative Justice as part of the Criminal Justice System are investigated by looking at ancient practices, indigenous and modern practices. The study intends to draw on experience from other countries, while at the same time advocate for the development of a uniquely South African model or practice. The role of the most important stakeholders, namely victim, offender and community is emphasized with reference to the challenges that offenders face in terms of reintegration and the lack of resources in communities to enable them to honour Restorative Justice agreements. / Criminology and Security Science / M. A. (Criminology)

The South African Constitution, with its Bill of Rights, represents a decisive break with the past and a great advance by South Africans in reclaiming their human dignity and fundamental freedoms. Before 1993 punishment of crime was defined by the social order which had been designed under the apartheid government; prisoners were generally subjected to cruel and degrading treatment while criminal suspects could be detained indefinitely and without trial. The penal system was to some extent directed at controlling and regulating the conduct of Blacks. The constitutional dispensation has resulted in a re-look at our penal policy and has placed great emphasis on the rights of prisoners. These rights flow from the rights to equality, dignity and liberty. The Constitution has entrenched certain rights of criminal suspects, including the right to a fair trial. Legislation has been introduced to ensure compliance with the constitutional imperatives. The new dispensation has given rise to debate on many issues, and facilitated a rise of a victims’ movement seeking to promote victim interests. This movement has noted that offenders and alleged offenders enjoy a series of constitutional rights, and that corresponding rights for crime victims need to be introduced. Victims are unlikely to be accorded rights in the literal sense of the word; nevertheless, they need to be accommodated within the criminal justice system. This need has given birth to a charter for crime victims, a document that seeks to empower crime victims. The perception remains, however, that offenders and crime suspects still enjoy too much protection, to the detriment of victim interests. The development of victim rights is hampered by the adversarial nature of the country’s criminal justice system and the perception that victims have no role to play within the criminal process, other than as witnesses. The purpose of the thesis is to analyse the extent to which our Bill of Rights strikes a balance between the interests of alleged offenders and offenders on the one hand, and crime victims on the other. It also seeks to create awareness about the plight of crime victims and to make suggestions on possible solutions. / Criminal and Procedural Law / LLD (Criminal & Procedural Law)

Text in Afrikaans / Gevangenis oorbevolking is ʼn probleem waarmee die Suid-Afrikaanse korrektiewe stelsel reeds vir baie jare worstel. Suid-Afrika is een van die lande met die hoogste gevangenis bevolking in die wêreld. Een van die grootste probleme wat tot die situasie bydra, is die aantal oortreders wat nie in staat is om borg te betaal nie. ʼn Ander probleem is die aantal verhoorafwagtendes wat in aanhouding is. Die Suid-Afrikaanse Witskrif van die Departement van Korrektiewe Dienste, is vasberade om die rehabilitering van die oortreder te bevorder. Die fokus van die studie wentel om die rehabilitasie van die oortreder en die vraag of hierdie doelwit binne die korrektiewe stelsel haalbaar is. Heelwat klem word op die noodsaaklikheid van alternatiewe vonnisse geplaas asook rehabilitasie as strafoogmerk tydens vonnisoplegging. Dit is die navorser se mening dat die korrektiewe stelsel nie die geskikste plek is vir die rehabilitering van die oortreder nie. / Criminology and Security Science / D. Litt. et Phil. (Penology)