During this study, an attempt was made to explore the opinions and attitudes of members of the South African Police Service (SAPS) towards issues of diversity before, immediately after and three months after participating in diversity training workshops presented by the SAPS Training Division during 1997 in Port Elizabeth. The aim of this thesis was not to assess the diversity training itself, but to discover if the training, as currently presented, in any way influenced the attitudes of participants. In order to meet this goal, literature and empirical studies were conducted. The literature study sets the theoretical foundation pertaining to the history of the SAPS and the attitudes and prejudices of and diversity among SAPS members. During the empirical research phase, a non-probability purposive sampling procedure was adopted. Four of a range of diversity workshops presented by the Training Division of the SAPS during 1997 were selected for the purpose of this study. An internal SAPS process was used to nominate members to attend the workshops. The researcher requested the participants in each of the four workshops to complete a self-administered questionnaire before as well as after the workshop concerned. Immediately after each of the four workshops, a short interview was held with each attendee. To explore the stability of any change evident from responses on the questionnaires completed after the workshops, the attendees were again requested to complete the same questionnaire three months later. To increase the validity of any conclusion that attitudinal change was related to the workshop, a control group was used. This study has revealed that a cross-spectrum of SAPS members of both sexes and diverse racial backgrounds believe that various forms of discrimination exist within the SAPS. It confirmed that the diversity training presented by the SAPS Training Division is a useful instrument to heighten members' awareness of the different norms and customs of other cultural/ethnic groups and of the necessity that the SAPS should be constituted of a cross-spectrum of racial groups reflecting the South African society. Finally, based on the research findings, recommendations were made involving management and its supportive services and diversity training.

In this study I investigate how and to what extent socio-economic rights litigation can be used as a pragmatic strategy in the struggle for social justice in South Africa. In response to arguments that litigation lacks potential to change the socio-economic conditions that poor people often contest, I examine its potential to create social transformation. My analysis is premised on the fact that the constitutional project promises to construct South African society among others on the pillar of social justice, where the potential of every individual to enjoy improved quality of life is guaranteed. However, I illustrate how apartheid legacy and the neo-liberal politics of the post-apartheid government have conspired to keep the poor in perpetual deprivation. While much has been achieved in terms of the provision of basic services, millions of South Africans continue to battle with escalating poverty, deprivation and inequalities in resource redistribution. Consequently, a number of academic commentaries on the post-apartheid experience have expressed uncertainty that the constitutional experiment will result in improve livelihood. In interrogating this claim I construct a theoretical analysis, from a socio-legal point of view, in which I explain the concept of socio-economic rights litigation. I examine the instrumental role of civil society, including the activism of social movements in converting political demands into legal claims framed in the language of socio-economic rights. I explain how recourse is had to the courts to challenge political conduct, to contest the unconstitutionality of state policies and to demand the fulfillment of political promises with the aim to achieve redistributive justice. In examining the context within which socio-economic rights litigation applies I identify three phases in its trajectory, which include a period of contestation, a first decade and a second decade of litigation. These phases illustrate significant trends that have developed in socio-economic rights litigation over the years. Thus I argue that socio-economic rights litigation has potential to engineer social transformation but that potential has not adequately been explored. Given the magnitude of socio-economic challenges that need to be redressed, I further argue that socio-economic rights litigation needs to be developed as a pragmatic strategy in the struggle to achieve social justice. To substantiate this argument I analyse the decisions of the Constitutional Court in Mazibuko, Modderklip, Abahlali baseMjondolo and Schubart Park to illustrate the practical dimensions how and to what extent litigating socio-economic rights has contributed to social transformation. Based on the analysis of the judgments, I identify certain determining and necessitating factors that either cause litigation to happen or facilitate the process. I then further examine some challenges and constraints that inhibit the potential of litigation with the aim to point out flaws that need to be overcome when planning future socio-economic rights litigation. I conclude by looking at prospects for the future of socio-economic rights litigation in driving not only social transformation but also in creating possibilities for the advancement of the law, the further development of jurisprudence on socio-economic rights as a pragmatic strategy in the broader commitment to achieve social justice. I argue that to develop the potential of litigation for social change entails developing a balanced jurisprudence that provides a forum for the prevalence of social justice to ensure that benefits accrue equitably to the poor. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Public Law / unrestricted

This study argues that the basis of all environmental justice variations is the consideration of fairness, equity and justice in the environmental processes that resolve environmental problems. A Procedural Environmental Justice Model (PEJM) has been developed for the purpose of evaluating the procedural environmental justice content of Environmental Impact Assessment (EIA) legislation in South Africa and Zambia. EIA as a tool for mitigating adverse environmental impacts arising from development activities aims at identifying, predicting, evaluating and mitigating the bio-physical, social, and other relevant effects of development proposals prior to major decisions being taken. This makes it an apt case study for evaluating how procedural environmental justice works. The PEJM developed in this thesis is important because it can be used as a mechanism for evaluating how procedural environmental justice works in practice. Apart from developing the PEJM, this research provides an in- depth evaluation of procedural environmental justice and proceeds, in a novel manner, to focus on South Africa and Zambia. The concept of environmental justice originates from the civil liberties campaigns of the 1960s and the more recent Environmental Justice Movement in the United States. It was historically concerned with widespread distributive inequalities which manifested as discrimination mainly on the basis of race and economic status in environmental matters. In more recent years, environmental justice concerns have become more profound owing to the diversity and gravity of global environmental problems such as global warming and climate change, natural resources depletion and widespread air and water pollution. The effects of these global environmental problems have been predicted to affect inhabitants of developing countries more than those of the developed ones, thereby emphasising procedural environmental justice concerns.This research shows that in the present day environmental parlance, environmental justice should be increasingly used to connote inclusiveness in addressing global, national and grassroots environmental problems. There has been a distinct tendency to move beyond the traditional description of environmental justice as being distributive, or primarily concerned with the allocation of environmental advantages and disadvantages. This is due to the realisation that distributive environmental justice aspects are inadequate in addressing historical and present day environmental challenges. This research emphasises that environmental justice incorporates procedural, corrective and social aspects of justice. The promotion of inclusive participation or procedural environmental justice transcends all conceptions of the concept. Therefore, in order to promote environmental justice, environmental legislation must focus on procedural features that incorporate effective public participation mechanisms.

The present study experimentally examined the effect(s) of aversive racism on mock legal decisions made by university students. The experiment adopted a 3 (Evidence quality: low, ambiguous or high) x 2 (race stereotype crime: black vs. white) x 2 (Defendant race: black vs. white) between subjects design, in which 785 black, white, Indian and coloured participants were asked to judge legal cases. The legal vignettes were piloted to ensure that low, ambiguous and high evidence conditions were clearly represented, and that the white stereotype and black stereotype crimes chosen for the research were appropriate. Participants were each given two vignettes and used 10-point scales to judge a) the guilt or innocence of the defendant(s) and b) the sentence they would recommend for the defendant(s) should they be found guilty by a court of law. Our prediction that we would find evidence for the classic aversive racism effect in this sample was not supported, and no evidence of racial bias was found. Interestingly, white participants judged the guilt of defendants more leniently than all other race groups. These results are discussed and recommendations for future research are made. / Thesis (M.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2008.

The history of the criminal justice system in South Africa, in the last decade is a history dominated by the desire for change and transformation. It will be remembered that we are talking of a system which, in the past, formed part of the State apparatus of a minority government which included racist elements and highly restrictive legal regime in dealing with communities, crime and criminals. The criminal justice system is constituted by four core departments, namely: the South African Police Services; Department of Justice, Correctional Services and Welfare. The argument is whether the volunteers from the community should be involved at all in the fight against crime or not. Some people feel that a system· of justice should be controlled by professionals, who are accountable for their decisions, namely: the Police, Justice, and Correctional Services. However, the research revealed that a system which excludes the community from participating, will render itself ineffective and open to abuse. This topic should be further researched within each department in the criminal justice system in order to explore possibilities of attracting volunteers in the transformation of their respective departments. / Penology / D.Litt. et Phil. (Penology)

The history of the criminal justice system in South Africa, in the last decade is a history dominated by the desire for change and transformation. It will be remembered that we are talking of a system which, in the past, formed part of the State apparatus of a minority government which included racist elements and highly restrictive legal regime in dealing with communities, crime and criminals. The criminal justice system is constituted by four core departments, namely: the South African Police Services; Department of Justice, Correctional Services and Welfare. The argument is whether the volunteers from the community should be involved at all in the fight against crime or not. Some people feel that a system· of justice should be controlled by professionals, who are accountable for their decisions, namely: the Police, Justice, and Correctional Services. However, the research revealed that a system which excludes the community from participating, will render itself ineffective and open to abuse. This topic should be further researched within each department in the criminal justice system in order to explore possibilities of attracting volunteers in the transformation of their respective departments. / Penology / D.Litt. et Phil. (Penology)

This study analyses how DNA evidence can be distorted by the behaviour of criminal investigators and role-players within the Criminal Justice System (CJS). This has a negative impact on justice resulting in further criminality. The study has resulted in revelatory weaknesses owing to constitutional violations which cause sound evidence to become futile as it will not be admissible in court. Justice is aborted. The researcher has further explained the properties of the pertinent terms, such as: mental illness, psycho-social functioning, DNA, forensic investigator, forensic psychology, and courts. Concepts are building blocks, hermeneutical distortion leads to the frustrating of what justice intends and this, in turn, leads to poor criminal investigation performance. It is submitted that not only ineptness, but also deception possibly evolves from genotypic to phenotypic type which causes unwelcome behaviour within the criminal justice system to surface. The frequency of monitoring psychological behaviour amongst criminal investigations is low, and it, therefore, also contributes to delict and the miscarriage of justice occurs. / Police Practice / M.A. (Criminal Justice)

One of the fundamental objectives of the criminal justice system in any country is to punish, rehabilitate, deter, incapacitate and reintegrate offenders into communities. The main motive of punishment therefore is to transform criminals into responsible and law-abiding citizens. Parole is acknowledged as an internationally accepted mechanism that allows for the conditional release of offenders from correctional centres into the community and forms one of the most important components of the criminal justice system value chain. The release of the offenders on parole therefore, does not negate the objectives of punishment but entrenches them through setting conditions by which all parolees must abide by. In other words, all offenders released on parole are supervised at all times by parole officials within their communities to ensure that they comply with their conditions. It is for this function- to grant parole to offenders, that the parole boards have been established in different countries. The Department of Correctional Services in South Africa has adopted the independent model of parole which provides for the parole boards that are headed by independent members from the public appointed by the Minister of Correctional Services. Parole is administered by the parole boards and has, as one of its main functions the release of offenders based on their eligibility. The absence of the performance management system for the parole board makes parole board decision making less transparent and government accountability difficult to establish. Performance management systems have been used to strengthen good governance. The purpose of this study is to contribute to the design of a model of performance management of the parole boards in the Department of Correctional Services in South Africa. / Penology / D.Litt. et Phil. (Penology)

Thesis (MPA)--Stellenbosch University, 2000. / ENGLISH ABSTRACT: The focus in this research report is the violation of the constitutional rights of a young person in conflict with the law in the Cape Town Magisterial District. This violation is caused by the lack of collaboration between the different role players. The situation can be rectified with a policy intervention which will ensure multi-disciplinary collaboration between the role players. The researcher proves that stipulations in section 28 of the Constitution, Act 108 of 1996, are violated because the different role players in the juvenile justice system of Cape Town magisterial district work in a fragmented manner and do not operate as a unit. The young person in conflict with law is harmed in this process. The situation can be rectified through a policy intervention. The policy intervention entails a uniform administrative procedure, the drafting and implementation of a working agreement between the role players, establishing a communication network, combined and integrated training and a multi-disciplinary committee that evaluates and monitors these aspects. / AFRIKAANSE OPSOMMING: Die fokus van hierdie navorsingverslag is die skending van die grondwetlike regte van die jong persoon in botsing met die gereg binne die Kaapstad se landdrosdistrik. Die skendings is vanweë die gebrek aan samewerking tussen die verskillende rolspelers. Die situasie kan deur middel van 'n beleidintervensie reggestel word ten einde multi-dissiplinêre samewerking tussen die rolspelers te verseker. Die navorser bewys dat bepalings in artikel 28 van die Grondwet, Wet 108 van 1996, geskend word omdat die verskillende rolspelers in die jeugregstel van Kaapstad se landdrosdistrik gefragmenteerd werk en nie as 'n eenheid funksioneer nie. Die jong persoon in botsing met die gereg word benadeel in die proses. Die situasie kan deur middel van 'n beleidsintervensie reggestel word. Die beleidsintervensie behels dat daar 'n eenvormige administratiewe proses gevolg word, 'n samewerkingsooreenkoms tussen die rolspelers opgestel word, 'n kommunikasienetwerk gevestig word, gesamentlike en geïntegreerde opleiding plaasvind en dat 'n multi-dissiplinêre komitee die gemelde aspekte evalueer en moniteer.

One of the fundamental objectives of the criminal justice system in any country is to punish, rehabilitate, deter, incapacitate and reintegrate offenders into communities. The main motive of punishment therefore is to transform criminals into responsible and law-abiding citizens. Parole is acknowledged as an internationally accepted mechanism that allows for the conditional release of offenders from correctional centres into the community and forms one of the most important components of the criminal justice system value chain. The release of the offenders on parole therefore, does not negate the objectives of punishment but entrenches them through setting conditions by which all parolees must abide by. In other words, all offenders released on parole are supervised at all times by parole officials within their communities to ensure that they comply with their conditions. It is for this function- to grant parole to offenders, that the parole boards have been established in different countries. The Department of Correctional Services in South Africa has adopted the independent model of parole which provides for the parole boards that are headed by independent members from the public appointed by the Minister of Correctional Services. Parole is administered by the parole boards and has, as one of its main functions the release of offenders based on their eligibility. The absence of the performance management system for the parole board makes parole board decision making less transparent and government accountability difficult to establish. Performance management systems have been used to strengthen good governance. The purpose of this study is to contribute to the design of a model of performance management of the parole boards in the Department of Correctional Services in South Africa. / Penology / D.Litt. et Phil. (Penology)