No abstract or keywords allocated in thesis / Department of Penology / D.Litt. et Phil.

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 research investigates the communication abilities of children who are exposed to criminal investigations because a crime was committed against them or they have witnessed a crime happening to another person. The study also determines how crime detectives can maximise their efforts in obtaining evidence from such children with the help of an interview as a technique to elicit information. The aim of the research was to understand the behaviour of children, so that more effective investigative interviews can be undertaken with child victims. The researcher wanted to identify the communication challenges associated with obtaining information from child victims and possible ways to overcome such challenges. It was found that the developmental stages of children, the manner in which interviewers/investigators conduct themselves during child interviews and the amount of knowledge possessed by interviewers to elicit information in a legally defensible manner are central to child victim interviews. / Criminology and Security Science / M. Tech. (Forensic Investigation)

The main objective of this research is to analyse the role that traditional leadership plays in partnership policing in Limpopo, particularly in the Giyani and Malamulele areas, South Africa. Given the challenges associated with traditional initiation schools, the study investigated factors that hinder the effective participation of traditional leadership in partnership policing; explored the extent of partnership policing in rural areas in Limpopo that are led by traditional leaders; and examined best practices with regard to the roles of traditional leadership in partnership policing. Potential areas of non-compliance with and ignorance of the law, and the Constitution, were identified. The role of traditional leadership in other African countries, such as Ghana, Tanzania, Zimbabwe, Namibia and Botswana, was also analysed. A comprehensive literature study on traditional leadership and international best practices on partnership policing was conducted. Traditional leaders play a vital role in the development process. Furthermore, traditional leaders play a significant role in resource mobilisation and political stability. The primary question guiding this study is: What is the role of traditional leadership in partnership policing in the rural areas of Limpopo? During the research process, in-depth interviews, non-participative observation and focus group interviews were conducted with the relevant role players. These role players included Chiefs, Indunas and Headmen, SAPS representatives, representatives from the Department of Community Safety and Liaison, as well as representatives from the Department of Cooperative Government and Traditional Affairs in Limpopo. The study fulfilled the following objectives:  Identified factors that hinder the effective participation of traditional leadership in partnership policing;  Explored the extent of partnership policing in rural areas, in Limpopo, led by traditional leaders; and  Examined international best practices with regard to the role of traditional leadership in partnership policing. Based on the findings of this study, a Multi-Stakeholder Partnership Policing Strategy (MSPPS) was developed. This strategy could serve as a recommendation to advise the SAPS of a more substantial role that traditional leadership could fulfil in partnership policing in the rural areas of Limpopo; this would also contribute towards further identifying best practices with a view to benchmark such a strategy in rural areas throughout South Africa. This study makes a significant contribution to the improvement of working relations between the police and traditional leadership in Limpopo. Secondly, the study promotes nation-building, harmony and peace between traditional leadership, the SAPS and other relevant stakeholders in the quest to prevent crimes associated with traditional cultural practices. / Political Sciences / D. Litt. et Phil. (Police Science)

Terrorism remains a cardinal threat to national, regional, and international peace and security. It violates the fundamental principles of law, order, human rights and freedom and remains an affront to the Global Charter of the United Nations (UN) and the values and principles enunciated in Africa's Constitutive Act of the African Union (AU). Moreover, it presents a grave and direct threat to the territorial integrity, security and stability of States. In this regard, effective counter terrorism mechanisms and approaches remain fundamental tools in curbing the threats and devastating effects of terrorism. Since the advent of the 'war on terror', issues regarding terrorism and counter-terrorism have become pronounced norms within the international realm. Yet, while an abundance of literature has been focussed and analyzed on counter terrorism approaches within the United States (US), the United Kingdom (UK), Russia and India; little has been documented on effective counter terrorism approaches in South Africa post-2001. Given emerging trends of terrorist camps within the country and the fact that South Africa will be hosting the international event of the 2010 FIFA Soccer World Cup, it is imperative that South Africa improves the overall direction of its counter terrorism strategy. Essentially, this study offers recommendations for the most effective counterterrorism mechanism, which will aid policing in South Africa. History and current events indicate that South African Police Service (SAPS) has the capacity and capability to successfully deal with threats of terrorism. What is lacking is a concrete proactive counter terrorism approach that makes SAPS stand out as the lead department in countering terrorism. Yet, it should be borne in mind that the most important principle of any counter terrorism operational concept is to co-ordinate an operation with an integrated approach. Bearing this in mind, this study includes an assessment of the counterterrorism methodologies of various agencies responsible for counter terrorism within South Africa, with SAPS being the focal point. To establish the most effective counter terrorism strategy applicable to the South African context, this study considers a comparative analysis of counter terrorism strategies adopted within specified developed (Russia, US and UK) and developing countries (India and Algeria) as well as a conceptual analysis of relevant policing mechanisms that are currently considered as appropriate mechanisms to counter terrorism within specified countries. The synopsis of best-case practices of counter terrorism in developed and developing countries as well as the relevant literature on policing mechanism are then synthesized and interrogated into conceptualising an effective policing mechanism to counter terrorism in South Africa. / Criminology / M. Tech. (Policing)

Criminology / M. Tech. (Policing)

The State as the representative of the victims of crime is expected to protect those vulnarable group of people with due regard to the rights of the perpetrators’s of crime. It is imperative that the law of general application which is aimed at protecting victims of crime, be sufficiently effective to protect the victims. The Criminal Procedure Act 51 of 1977 is aimed at assisting the police to conduct pre-trial criminal procedure in order to bring perpetrators of crime to book. Sections 36A, 36B, 36C and 37 (both previous and as amended) of the Criminal Procedure Act including chapter 5A of the South African Police Act, 1995 are explored in this dissertation. This dissertation examines the areas in the Criminal Procedure Act that make it problematic for the police to conduct efficient and effective crime detection through the ascertainment of bodily features of the suspected or accused person. The law in three foreign jurisdictions relating to this topic are investigated and compared in order to make recommendations and suggest possible solutions. / Criminal & Procedural Law / LL.M.

Despite various policing strategies in the recent past, the police alone have not been able reduce crime in Soshanguve. Research into how partnerships in policing can assist in finding solutions to crime prevention is limited. The police have come to realise that they need the active involvement and cooperation of and support from the community and other role players to prevent crime. This research has as its aim the identification of the challenges in establishing partnerships in policing the Soshanguve policing area. A qualitative approach was adopted. An interview schedule with predetermined questions was designed, piloted and used in focus group interviews with participants who are actively involved in partnerships in policing in the area. Interviews were conducted with 45 participants in three focus group interviews to obtain their views, opinions and perceptions of partnerships in policing. The collected data was transcribed verbatim (using words and phrases of the participants), analysed and interpreted. The data was analysed and interpreted using manual open coding, with the aim of identifying and examining patterns of similarities or differences in the data. A literature study was conducted to gain a better understanding of partnerships in policing. Research indicates that partnerships in policing have been effectively implemented in other parts of the world and can be implemented in South Africa in general and in Soshanguve in particular. Factors that inhibit partnerships in policing between the police and the community as well as in other environments were identified. These factors include among others, lack of trust, communication and cooperation. Recommendations are made to all concerned; particularly to the South African Police Service management on how partnerships in policing can be effectively implemented. / Criminology and Security Science / M. Tech. (Policing)

With this study, the researcher wants to establish whether investigators are able to effectively interpret, report on, or pay cognisance to body language during interviews, and whether they are sufficiently trained therein. Knowledge of body language can provide the interviewer with vital clues during the interview process. Regardless of the availability of numerous literatures on nonverbal behaviour in interviewing, the application of this knowledge is lacking among investigators. An empirical research design and a qualitative research approach were used for this research. National and international literature sources were consulted, and the researcher conducted interviews with two experts, knowledgeable investigators and semi-structured interviews with detectives from the East London South African Police Service (SAPS) and forensic investigators from the Special Investigating Unit (SIU) in East London. The importance of the skill of interpreting body language during forensic interviewing was established. Evidently, many investigators do not apply their knowledge and skill to enhance the outcomes of a forensic interview. / Criminology and Security Science / M. Tech. (Forensic Investigation)

In South African Law, sex work is currently mainly dealt with in terms of the Sexual Offences and Related Matters Act 32 of 2007, although other legislation, such as the Aliens Control Act 3 of 1993 also contains provisions that are peripherally relevant to sex work. In addition, municipal by-laws play an important role in the regulation of sex work, especially outdoor sex work. These by-laws are often aimed at addressing the more visible aspects of outdoor sex work. This dissertation aims to analyse the policing methods used by the police when policing sex work in Sunnyside, and whether the police have the ability and capacity to enforce current legislation in this regard. The enormous incidents of dehumanization and abuse of sex workers by the police who are supposed to enforce the Sexual Offences Act 32 of 2007 and the previous legislation on sex work questions whether the police should be given more or less powers in dealing with this crime. This dissertation aims to conduct an in-depth analysis of relevant literature in order to provide a background for the discussion on the origins of sex work and the different legal models for dealing with sex work. The study also endeavours to establish a frame of reference for considering different legal models to deal with sex work and to identify different policies and legal approaches to sex work, and to consider the impact of the current laws regulating sex workers and the harm that result from this. The dissertation aims to explore and describe the challenges that the police in Sunnyside experience, and also to analyse the difficulties that sex workers often encounter. The knowledge generated in this study will enhance the existing knowledge in the policing of sex work, and will also serve to educate the police, criminal justice institutions, and the community about the nature and extent of the problems that policing agencies experience when policing sex workers in Sunnyside. / Police Practice / M. Tech. (Policing)