South Africa is a land of extraordinary beauty, ecological diversity and abundance. However, the land that God has entrusted to us is crying for justice. During the years of struggle against apartheid several ecumenical documents addressed the issues of the day. The Letter to the People of South Africa (1968), the Kairos Document (1985), the Evangelical Witness in South Africa (1986), the Road to Damascus (1989) and the Rustenburg Declaration (1990) may be mentioned in this regard. In the same ecumenical and prophetic spirit, this document seeks to address the escalating destruction of our environment that results in immense suffering for people, for other living species and for our land as a whole. In responding to this challenge Christians in South Africa may recognise, acknowledge and learn from the many voices and contributions on environmental concerns coming from all over the world — from churches and ecumenical movements, from the Earth Charter movement, from other religious traditions and from environmental organisations. The World Summit on Sustainable Development (WSSD) - 26 August to 4 September 2002, Johannesburg - also challenges the churches in South Africa to respond to these concerns. / 1st ed / Ecumenical Foundation of Southern Africa (EFSA)

In order for the proceeds of unlawful activities to be completely dislodged from the criminals’ hands, the latter should be effectively deterred from allowing their assets to be used to execute or facilitate the commission of offences. When properly exacted, in the interests of justice and within the existing constitutional framework, the legal process known as asset forfeiture should ensure that crime never pays. Asset forfeiture refers to both criminal forfeiture, which is conviction based following the United Kingdom asset forfeiture regime and civil forfeiture, which is non-conviction based following the United States of America one.2 Chapter 5 provisions of the Prevention of Organised Crime Act3 (hereafter POCA) provides for court, Basdeo M – Search, Seizure and Asset Forfeiture in the South African Criminal Justice System: Drawing a Balance between Public Utility and Constitutional Rights (2013) LLD, University of South Africa in Chapter 5 where a comprehensive comparative study of SA POCA and United States of America’s asset forfeiture and origin is undertaken. 3 Act 121 of applications for a restraint, confiscation and realisation for the recovery of proceeds of unlawful activities. The restraint is invoked when a suspect is to be charged or has been charged or prosecuted, there are reasonable grounds to believe that a conviction may follow and that a confiscation order may be made. Chapter 6 provisions of POCA provide for court applications for preservation and forfeiture order targeting both the proceeds of unlawful activities and removal from public circulation of instruments or assets used in the commission of offences where the guilt of the wrongdoer is not relevant. POCA has a Schedule with 34 items setting out examples of offences in relation to which civil forfeiture may be invoked. When the State discharges this noble professed task in the name of public safety, security and crime combating, legal challenges arise. This is more so within a constitutional democratic context where both individual and property rights are enshrined and protected. This study deals with some of these challenges. To the mind of a legal researcher, the law of asset forfeiture is, in this process, moulded and developed. South Africa (a developing country), Canada and New Zealand (developed countries in the north and southern hemispheres) have constitutional democracies. They also have asset forfeiture regimes, which attracted the attention of the researcher. The question is: can the developing country learn some best practices from the developed countries in this particular field? It would be interesting to establish this and the level of development of this field in the three countries under study. South Africa, with no federal government, has nine Provinces, single asset forfeiture legislation5 (combining both criminal forfeiture i.e. restraint, confiscation and realisation applications and civil forfeiture i.e. preservation and forfeiture applications), and a criminal statute6 applicable to all such Provinces. It also has, like Canada and New Zealand, pockets of asset forfeiture provisions embedded in various statutes. There is only one asset forfeiture office under the umbrella of the National Prosecuting Authority.7 It has branches8 in the Provinces, invoking the provisions of POCA, since 1999. It is not part of the police department. The researcher joined the South African Port Elizabeth branch in March 2003, Bloemfontein, Kimberly and Mmabatho branches from 2010 to 2011, July 2012 onwards in the Port Elizabeth and has practical experience in this regard. The Prevention of Organised Crime Act 121 of 1998. The Namibian POCA 29 of 2004 is almost a replica of the South African POCA except that the former makes express recognition of the victims of the underlying victims. The Criminal Procedure Act, 51 of 1977 (as amended). The Asset Forfeiture Unit (AFU) with its Head Office situated in Pretoria under the umbrella of the National Prosecution Authority, which Raylene Keightley in Young S Civil Forfeiture of Criminal Property Legal Measures for Targeting the Proceeds of Crime (2009) Cheltenham Edward Elgar Publishing, Inc.: Northampton, MA at 94 calls a specialist implementation agency. In Pretoria, Johannesburg, Cape Town, Port Elizabeth, East London, Durban, Bloemfontein, Kimberley, Mmabatho, Mpumalanga and Limpopo. It comprises of eleven Provinces to which the Criminal Code of Canada, the Controlled Drugs and Substances Act 1996 and a host of other statutes apply. Eight of the eleven Provinces have their own and distinct primary stand-alone asset forfeiture statutes introducing civil forfeiture10 as more fully explained in Chapter 2 of this study.

In terms of the Constitution every person has the right to freedom and security of the person. This includes the right to be free from all forms of violence from either public or private sources. The state is charged with the duty to protect the individual from such harm. While the Constitution refers to the protection of victims of crime in broad and general terms without indicating how these rights should be protected, it makes meticulous and detailed provision for the rights of arrested, detained and accused persons. This leads to the popular belief that the Constitution protects the criminal and not the victim, engendering public dissatisfaction with the status quo, which is amplified by the fact that South Africa’s current legal dispensation for victims of crime does not embody the requirements of ubuntu and African customary law, which the Constitution declares to be binding on South African courts. This study analyses the means that exist in South African law for the victim of crime to obtain redress for criminal acts and proposes effective avenues through which victims can obtain redress, should the existing machinery prove to be inadequate. The term restitution is used to indicate recompense obtained from the perpetrator, while the term compensation refers to recompense obtained from the state. A comparative study is conducted to ascertain how the legal position of victims of crime in South Africa compares with that of victims of crime in Great Britain, India and New Zealand, respectively. South Africa does not have a state-funded victim compensation scheme such as those which exist in most developed countries. The respective proposals of the South African Law Commission for a victim compensation scheme and revised legislation to deal with offender/victim restitution are considered critically, inter alia, in the light of the findings of the comparative study. Proposals are made regarding changes to the South African legal system to bring it in line with international developments regarding restitution and compensation to victims of crime, attention being given to the meaning, significance and implementation of the doctrine of restorative justice when dealing with the aftermath of criminal injury. In addition to a complete revision of South African legislation dealing with offender/victim restitution, this study recommends the consolidation of the Road Accident Fund and the Compensation Fund operating in terms of the Compensation for Occupational Injuries and Diseases Act. These two bodies should be amalgamated to create a unified Compensation Scheme to compensate victims of crime, as well as victims of traffic and industrial injuries. General qualifying criteria for claimants would be drafted, with specific criteria applying in cases of traffic, industrial and crime related injuries, respectively.

The levels of crime and violence in South Africa seem to go hand in hand with the increase in the number of police practitioners. However, despite all the work going into it, “nothing seems to reduce the general trend” (Burger 2007:1). Domestic violence, for instance, is one of the major challenges practitioners are faced with on a daily basis at all levels in South Africa (Bendall 2010:100). Nonetheless, the country has yet to recognise this specific type of violence as a crime in their official crime statistics (SAPS 2010). Domestic violence has, in fact, struggled to become recognised as one of the most serious types of crime in today‟s society. This might be explained in terms of the developments that have occurred – both in international research and in the domestic realm – especially in terms of the ever-changing nuclear family. However, this could also be explained in the way such violence is treated by the South African Police Service. Nonetheless, it appears that a significant amount of research has been undertaken on the nature and impact of domestic violence, including the various responses and strategies to its management. However, it seems as though no-one can come up with a proper solution to this problem. In terms of violence in general, a number of different researchers in the field have suggested possible explanations to the problem. Burton, for instance, explained violence in terms of the neglect of basic human needs, the need for identity and the need for control. This author suggested that if these basic needs are frustrated, violence could be expected to occur, including violence within the family. Moreover, some violent behaviour could be described in terms of a loss of control of the situation and the management thereof. It is especially in these circumstances that conflict management techniques are to be highly recommended. Mediation – or facilitation – collectively referred to as restorative justice – is an example of such a technique. However, the question of whether or not to include mediation has been subject to much discussion amongst scholars in the field. As one of the main roles of the police is to prevent violence, and to protect the citizens from harm, it would be appropriate for the purpose of this study, to focus specifically on the SAPS and their response to cases of domestic violence. Their lived experiences are evaluated in terms of the existing legal framework, as well as in the light of other empirical research.

The focal point of this treatise is the evaluation of the paradigm shift that has taken place in our South African criminal justice system post 1994. This shift is seen as a move away from a retribution approach to a more victim-centred approach. One needs to remember that the previous regime had unfair and unjust laws: to do away with such laws an interim constitution1 was enacted in Parliament in 1993 and became operational on 27 April 1994. It was the fundamental law of South Africa. This was later repealed by the final Constitution 2 on 4 April 1997. In its preamble it states categorically that it seeks to establish a “society based on democratic values, social justice and fundamental human rights” and “(to) lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law”. One of the priorities of democratic government in 1996 was the National Crime Prevention Strategy3 (hereafter referred to as the NCPS). It was designed to reduce the high level of crime in our country and has four pillars: the criminal justice process; reducing crime through environmental design; public values and education and trans-national crime. Pillar one is seen as a move away from retribution as punishment towards a system of restorative justice 4. Furthermore the South African government is a signatory to various international laws, treaties and declarations that uphold victims’ rights. One example would be the United Nations Declaration on the Basic Principle of Justice for Victims of Crime and abuse of Power 1985 - in fact the Victims’ Charter is compliant with this declaration. Yet one cannot negate the fact that in the last two decades the status of victims has altered significantly: there has been some development in the transformation of the criminal justice system. Since 1994 the focus gradually shifted from an adversarial and retributive criminal justice to that of restorative justice. This shift is vindicated by following examples: the adoption of the NCPS; the Truth and Reconciliation Commission 5 (hereafter referred to as the TRC); the adoption of the Service Charter for Victims of Crime 6(hereafter referred to as the Victims’ Charter); the enactment of the Child Justice Act7; and case laws which applied restorative justice principles such as S v Maluleke and S v Saayman. Therefore this treatise will evaluate the application of a restorative system by looking at the definition of restorative justice; government commitments to the system; the enactment of Acts and policies that support the system. This will be done in relation to the victims.

Thesis (MA)--Stellenbosch University, 2013. / ENGLISH ABSTRACT: This thesis examines longitudinally the nature of environmental concern in post-apartheid South Africa. During the years of colonialism and apartheid, environmental policy making and implementation was characterised by environmental racism that focused on ecocentric notions of nature conservation and protection, to the exclusion of black, coloured and Asian South Africans. The post-apartheid government has attempted to rectify the exclusion of black people from environmental rights, by enshrining in the Bill of Rights the right to an environment that is not harmful to South Africans' health or well-being. In light of the Bill of Rights unique political and practical implementation in South Africa, and on the basis of a comprehensive review of the empirical and theoretical literature on environmental concern, two hypotheses were formulated for testing in this thesis. The first, which is informed by an environmentalism of the poor or “empty-belly environmentalism” theory, proposes that South Africans have become more environmentally concerned since the end of apartheid. The second hypothesis is informed by the post-materialist thesis, and examines whether controlling for socio-economic status eliminates difference in environmental concern amongst the various race groups. The research design applied in this thesis is a longitudinal analysis of secondary data, in particular World Values Survey data. The results of this analysis led to a rejection of the first hypotheses, and a partial rejection of the second hypothesis. Additionally, the results reveal that since 1996 environmental concern has become less influenced by race and class. The thesis also contributes methodologically to future research on environmental concern, by raising concerns about the operationalisation and conceptualisation of environmental concern in the World Values Survey. / AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek die aard van omgewingsbesorgdheid in post-apartheid Suid-Afrika. Gedurende die jare van kolonialisme en apartheid was beleidmaking en -implementering gekenmerk deur omgewingsrassisme wat op ekosentriese opvattings van natuurbewaring en -beskerming gefokus het. Dit het tot die uitsluiting van swart, bruin en Asiatiese Suid-Afrikaners gelei. Die post-apartheid regering het gepoog om hierdie groot ongelykhede reg te stel, deur die reg tot 'n omgewing wat nie skadelik vir hul gesondheid of welsyn is nie, vas te lê in die Handves van Menseregte. In die lig van hierdie omgewingsbeleidspunte se unieke politieke en praktiese implementering in Suid-Afrika, en op grond van 'n omvattende oorsig van die empiriese en teoretiese literatuur oor omgewingsbesordheid, is twee hipoteses in hierdie tesis getoets. Die eerste hipotese, waaraan 'n omgewingsbewustheid van die armes of "leë maag omgewingsbewustheid"-teorie gestalte verleen het, voer aan dat Suid-Afrikaners sedert die einde van apartheid meer omgewingsbesorgd geword het. Die tweede hipotese, wat voortvloei uit die post-materialistiese tesis, ondersoek of die verskil tussen die rasgroepe in terme van omgewingsbesorgheid verdwyn as hulle sosio-ekonomiese status konstant gehou word. Die navorsingsontwerp van hierdie tesis is 'n longitudinale ontleding van sekondêre data. Die resultate van hierdie analise onthul dat omgewingsbesorgdheid sedert 1996 minder volgens ras en klas gestruktureer word; buitendien is die eerste hipotese verwerp en die tweede hipotese gedeeltelik verwerp. Hierdie resultate het kommer oor die operasionalisering en konseptualisering van omgewingsbesorgdheid in die “World Values Survey” gewek.

This study explores the schooling experiences in South Africa of migrant children from the Democratic Republic of Congo (DRC). Migration has been an area of interest within political, social and academic circles. In recent times, studies have been and are being conducted on issues on migration especially with the aim of exploring migrants’ experiences and challenges. This study addresses the experiences of migrant children from the Democratic Republic of Congo in schools in South Africa and their social identity as migrants. It aims to bring these issues into focus and to encourage further research and debate with the aim of finding ways of ensuring better schooling experiences for these migrant children. As its objective, and in line with the aspirations of inclusion and diversity of the present system of education in South Africa, this study: enables an insight into the Congolese migrant children’s school experiences and the resulting challenges for schooling in South Africa, provides an avenue to explore these challenges and experiences in the light of educational policies in place in South Africa and how these challenges affect the children’s education, raises critical issues regarding inclusion and diversity in the South African educational context, and contributes to ongoing debate, awareness and research interest in the area of study. The study addresses the extent to which the inclusive schooling system in South Africa does in reality include these migrant children. This study is situated within the critical paradigm and engages Social Identity Theory as its theoretical framework. It employs a case study methodology to explore the schooling experiences of migrant children from the Democratic Republic of Congo. The theoretical framework as well as the methodology used in this study makes provision for a critical engagement in the analyses of these experiences. / Thesis (M.Ed.)-University of KwaZulu-Natal, Edgewood, 2010.

The Introduction to the statement explains that its aim is to contribute to the search for a more just, equitable and sustainable economic dispensation. It reminds people that, as a nation, we have overcome the horrors of apartheid and made significant progress towards peace and stability. However, we are sitting on an economic time-bomb; if we do not strive for economic justice we must expect a deepening of our social problems such as crime, lawlessness, poverty and unemployment. The second section considers the Church's Prophetic Duty to speak out and to bring Gospel values to bear on political, economic and social matters. A second transformation is needed: massive, and overwhelmingly positive, political change has occurred, but the same has not yet happened in the economy, with the result that the majority of our people still have little chance of fulfilling their reasonable hopes for a better life. Section three turns to the question of Discerning Economic Justice. It is asserted that every economy has a moral quality which makes it possible for us to pass judgements as to whether or not it is a just economy. In order to make such judgements the presence or absence of various factors must be assessed, including poverty, unemployment, discrimination, materialism and environmental degradation. Next, the statement deals briefly with Economic Structure. The fact that economies are complex, and that most people are unfamiliar with economic terminology, results in many people feeling powerless. They believe that, as individuals, they have no influence over, or responsibility for, the way an economy operates. Some of the negative consequences of such a belief are mentioned, and it is pointed out that we have a moral duty to make the correct choices, even in complex matters. Section four, Christian Economic Values, offers some guidelines for those striving to make these choices. The section summarises some of the main concepts and principles developed by the Church as ways of making concrete the commandment to 'love your neighbour as yourself'. These include the common good, solidarity, the option for the poor, the common destiny of goods, and the integrity of creation. The South African Economy is analysed in section six, according to the criteria mentioned in section three. Poverty, unemployment, materialism, greed, the lack of women's economic empowerment, debt and corruption are among the features identified as contributing to economic injustice in our country. But the gap between rich and poor is singled out as the defining characteristic of our economy, with millions of South Africans surviving, like Lazarus, on crumbs from the rich man's table. No country's economy exists in isolation, free from outside influences. Therefore, in section seven, some attention is given to The World Economy, especially to aspects which affect South Africa. The point is made that international factors can act as powerful constraints on moves towards economic justice at home, without their being, however, an excuse for a lack of effort in this direction. When statements such as the present one are published, people have a right to expect the authors to make specific and practical recommendations. This is attempted in section eight, What Can Be Done? The major role-players in the economy are identified and various steps are suggested for each of them; these range from fiscal initiatives to encourage job-creation, through changes to personal taxation and measures to improve productivity and training, to the promotion of the interests of the unemployed. However, it is conceded that even the most enlightened economic measures will not be able to withstand selfish and destructive attitudes. The question of people's attitudes to each other and to economic choices is therefore addressed, with particular emphasis being placed on the role of the religious community in this regard. By way of Conclusion the statement points out that economic justice is demanded not just by the poor and by forthcoming generations, but by God. In striving for a just economy we are carrying forward Jesus' great task of bringing fullness of life to all people. / 2nd ed

This research will be undertaken in the field of both criminal and civil law with particular focus on international interventions in the fight against organized criminal activities, assets forfeitsure in South Africa in general and its treatment of victims of the underlying forfeitsure crimes ("the victims") in assert forfeitsure, more specifically.

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)