published_or_final_version / Public Administration / Master / Master of Social Sciences

published_or_final_version / Sociology / Master / Master of Social Sciences

published_or_final_version / Public Administration / Master / Master of Public Administration

This study sought to make a detailed discussion of state liability for police action with specific reference to the case of Minister of Police v Rabie 1986 (1) SA 117 (A). The historical development of state liability was traced from Roman-Dutch Law, through English Law up to and including South African Law. The major part of this work has been devoted to an indepth discussion of the case of Minister of Police v Rabie 1986 (1) S.A. 117 (A), which is the modern locus classicus on state liability for police action in South Africa. In this case the risk principle appears to have been expressly incorporated into South African law. This is the principle which postulates that the injured party should be compensated even if there was no fault on the part of the wrongdoer. During the course of this study a brief discussion of case law that followed the Rabie decision was also made. The risk principle adopted in the Rabie case was rejected and subjected to severe criticism, These decisions suggested the application of the traditional standard test which places emphasis on the question of whether the policeman's acts were done within the course and scope of his employment. The case of Minister of Law and Order v Ngobo 1992 (4) SA 822 (A) was even bold enough to reject the principle on the basis that it is controversial and untried. The drastic inroad made by certain sections of the Constitution of the Republic of South Africa Act 200 of 1993 into this field of study was also acknowledged. It was submitted that in the light of this new law, the members of the police force as protectors of individual rights will in future have to be carefully chosen, screened, trained and constantly supervised in order to minimise the number of claims against the state based on damages. It was finally accepted that in so far as the test for vicarious liability is concerned, the Appellate Division in Ngobo 's case has, by reverting to the application of the traditional standard test, overruled its previous decision in the Rabie case. It was submitted that an uncertainty in the law has been created by these conflicting decisions and legislative intervention is therefore warranted. / Criminal & Procedural Law / LL. M. (Administrative Law)

This study sought to make a detailed discussion of state liability for police action with specific reference to the case of Minister of Police v Rabie 1986 (1) SA 117 (A). The historical development of state liability was traced from Roman-Dutch Law, through English Law up to and including South African Law. The major part of this work has been devoted to an indepth discussion of the case of Minister of Police v Rabie 1986 (1) S.A. 117 (A), which is the modern locus classicus on state liability for police action in South Africa. In this case the risk principle appears to have been expressly incorporated into South African law. This is the principle which postulates that the injured party should be compensated even if there was no fault on the part of the wrongdoer. During the course of this study a brief discussion of case law that followed the Rabie decision was also made. The risk principle adopted in the Rabie case was rejected and subjected to severe criticism, These decisions suggested the application of the traditional standard test which places emphasis on the question of whether the policeman's acts were done within the course and scope of his employment. The case of Minister of Law and Order v Ngobo 1992 (4) SA 822 (A) was even bold enough to reject the principle on the basis that it is controversial and untried. The drastic inroad made by certain sections of the Constitution of the Republic of South Africa Act 200 of 1993 into this field of study was also acknowledged. It was submitted that in the light of this new law, the members of the police force as protectors of individual rights will in future have to be carefully chosen, screened, trained and constantly supervised in order to minimise the number of claims against the state based on damages. It was finally accepted that in so far as the test for vicarious liability is concerned, the Appellate Division in Ngobo 's case has, by reverting to the application of the traditional standard test, overruled its previous decision in the Rabie case. It was submitted that an uncertainty in the law has been created by these conflicting decisions and legislative intervention is therefore warranted. / Criminal and Procedural Law / LL. M. (Administrative Law)

published_or_final_version / Public Administration / Master / Master of Public Administration

This Ph.D. thesis provides an analysis of "ordered statements" in the Royal Canadian Mounted Police ("R.C.M.P."). Statements can be compelled from R.C.M.P. members who are under "internal" investigation for misconduct. Ordered statements from police officers raise a number of difficult and complex questions that have not been thoroughly examined in Canada. Accountability in policing consists of a complex web of criminal, internal, administrative, public, and civil mechanisms to review misconduct. In order to properly consider ordered statements four threads of analysis are utilized. First, by way of background, context and comparison, this thesis describes and evaluates internal management, culture and discipline in policing, in particular the R.C.M.P. Second, this thesis examines and evaluates the role of various external mechanisms that regulate police conduct. Third, various models of civilian oversight are compared and contrasted to position the R.C.M.P. regime internationally. Fourth, the working environment of police officers and R.C.M.P. members is explored, demonstrating that it is significantly different from other occupations, calling into question the applicability of traditional management practices. The thesis concludes that the legal and constitutional position of ordered statements is uncertain, adding to morale and organizational problems in the R.C.M.P. Based on interviews with 107 members, and an examination of other sources, this thesis reveals how ordered statements in the R.C.M.P. work in actual practice, and how this mechanism impacts upon individual members and the organization itself. The results reveal marked disparity between official and member accounts. The material and findings not only challenge basic theoretical premises that inform the employment context of R.C.M.P. members, they seriously question the function of and need for ordered statements. They also establish that the specific employment and organizational context must be more adequately considered by academics and policy-makers when examining the issue of ordered statements. These findings fill gaps in the literature and hopefully contribute to theory on police accountability. The thesis ends with a number of recommendations to improve the current R.C.M.P. regime.

This Ph.D. thesis provides an analysis of "ordered statements" in the Royal Canadian Mounted Police ("R.C.M.P."). Statements can be compelled from R.C.M.P. members who are under "internal" investigation for misconduct. Ordered statements from police officers raise a number of difficult and complex questions that have not been thoroughly examined in Canada. Accountability in policing consists of a complex web of criminal, internal, administrative, public, and civil mechanisms to review misconduct. In order to properly consider ordered statements four threads of analysis are utilized. First, by way of background, context and comparison, this thesis describes and evaluates internal management, culture and discipline in policing, in particular the R.C.M.P. Second, this thesis examines and evaluates the role of various external mechanisms that regulate police conduct. Third, various models of civilian oversight are compared and contrasted to position the R.C.M.P. regime internationally. Fourth, the working environment of police officers and R.C.M.P. members is explored, demonstrating that it is significantly different from other occupations, calling into question the applicability of traditional management practices. The thesis concludes that the legal and constitutional position of ordered statements is uncertain, adding to morale and organizational problems in the R.C.M.P. Based on interviews with 107 members, and an examination of other sources, this thesis reveals how ordered statements in the R.C.M.P. work in actual practice, and how this mechanism impacts upon individual members and the organization itself. The results reveal marked disparity between official and member accounts. The material and findings not only challenge basic theoretical premises that inform the employment context of R.C.M.P. members, they seriously question the function of and need for ordered statements. They also establish that the specific employment and organizational context must be more adequately considered by academics and policy-makers when examining the issue of ordered statements. These findings fill gaps in the literature and hopefully contribute to theory on police accountability. The thesis ends with a number of recommendations to improve the current R.C.M.P. regime. / Law, Peter A. Allard School of / Graduate

No description available.

Thesis (MPA (School of Public Management and Planning))--University of Stellenbosch, 2005. / The purpose of this thesis is to develop a new model to improve service delivery regarding the monitoring of policing conduct. A comparative study of international civilian oversight bodies dealing with complaints against the police will be conducted to develop and implement an appropriate model to replace the current referral model with an investigative monitoring system to improve processes that ensure that the police remain accountable for their performance and conduct. The research design will both encompass model building and comparative studies. The basis of the theoretical framework of this thesis is service delivery which is the significance of developing a new model for the Policing Complaints Centre. Service delivery is dealt with in terms of the service industry and service processes, its functioning regarding problem solving, finance and accountability, the challenges facing service delivery and the basic principles and values governing public administration and the role and function of the Public Service Commission. The Legislative Framework for Monitoring Policing Conduct is stipulated in the Constitution of the Republic of South Africa, Act 108 of 1996 and the South African Police Service Act, Act 68 of 1995. This includes the policing functions vested in the Provinces and particularly the mandate of the Policing Complaints Centre in terms of the monitoring policing conduct as well as the limitations set on the provinces. Independent Police Complaints Commission of the United Kingdom. These models will be used because both these civilian oversight bodies operate independently from the policing agencies and therefore the credibility and integrity of the complaints model will be upheld. The main objectives of the new model will be to address the issues of the complainants and provide feedback as soon as possible to the complainants so that public confidence and trust in the police and in the complaints system of the Department can be increased. The new model will concentrate on a different method of dealing with complaints in that all complaints will firstly be evaluated to ascertain whether it is an inquiry or if it is a complaint. If is an enquiry it will be referred to the relevant authority and if it is a complaint it must be decided if an investigation will be conducted, or if an intervention in the form of a formal mediation or informal mediation must take place or in the monitoring of an investigation/inquiry. It has been recommended that the new complaints model and the database management system be implemented to ascertain whether this new model is keeping the police accountable for their performance and conduct.