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The Constitution of the Republic of South Africa guarantees every person a fair trial; the right to a fair trial right trial must begin and conclude within a reasonable time and without undue delay. Internationally the same guarantees and protections are available to unconvicted suspects. However, the South African criminal justice system lacks behind internationally and falls short of promoting these guarantees. Investigation was done on delays in commencing and finalising trials in light of constitutional provisions, the consequence and the impact of the delay with discussion on prison conditions and overcrowding with reference to the Constitutiton, legislation and case law. Delayed trial, prison overcrowding and poor prison conditions are still an issue in South Africa and there needs to be positive change to enforce and practice prescribed directives. South Africa‟s justice system through its servants, need to do more to gain a higher status of having a constitutionally democratic country that fully promotes‟ rights of detainees. / Criminal and Procedural Law / LLM

The purpose of this thesis is to examine the experiences of South African women prior to, during and after incarceration. The theoretical bases for this study include the general strain theory (GST), feminist pathways approach and Goffman’s “total institutions”. The study made use of a qualitative research design. In-depth interviews were conducted with a total of twenty female ex-prisoners, who were selected using snowball sampling, to obtain information about their experiences during the periods indicated. The findings of the study indicated that, in respect of the three periods mentioned, the participants cited their experiences during incarceration as the most prominent as they tended to dwell more on this phase of their lives than any other phase. This is, in fact, not surprising as their narratives portrayed their lives behind bars as having been traumatic with far-reaching consequences for their lives after their incarceration. The study found that some of the participants had histories of emotional and physical abuse before their offending behaviours. It emerged that consensual same-sex sexual relationships between females in South African prisons exist and that these relationships are, sometimes, accepted by the family members of the female inmates. The participants reported that coercive sexual relationships also take place in female prisons in South Africa. It was also reported that the conditions under which females are incarcerated are, for the most part, deplorable. It emerged that the female prisoners use a unique monetary system which is based mainly on the trade by barter system. In addition, the findings revealed that female inmates often experience daunting challenges upon their release from prison, including high rates of unemployment, stigma and discrimination, family breakdown and the psychological effects of imprisonment, all of which often compound the resolve of some of the participants to live crime-free lives. / Sociology / D.Litt. et Phil. (Sociology)

The purpose of this thesis is to examine the experiences of South African women prior to, during and after incarceration. The theoretical bases for this study include the general strain theory (GST), feminist pathways approach and Goffman’s “total institutions”. The study made use of a qualitative research design. In-depth interviews were conducted with a total of twenty female ex-prisoners, who were selected using snowball sampling, to obtain information about their experiences during the periods indicated. The findings of the study indicated that, in respect of the three periods mentioned, the participants cited their experiences during incarceration as the most prominent as they tended to dwell more on this phase of their lives than any other phase. This is, in fact, not surprising as their narratives portrayed their lives behind bars as having been traumatic with far-reaching consequences for their lives after their incarceration. The study found that some of the participants had histories of emotional and physical abuse before their offending behaviours. It emerged that consensual same-sex sexual relationships between females in South African prisons exist and that these relationships are, sometimes, accepted by the family members of the female inmates. The participants reported that coercive sexual relationships also take place in female prisons in South Africa. It was also reported that the conditions under which females are incarcerated are, for the most part, deplorable. It emerged that the female prisoners use a unique monetary system which is based mainly on the trade by barter system. In addition, the findings revealed that female inmates often experience daunting challenges upon their release from prison, including high rates of unemployment, stigma and discrimination, family breakdown and the psychological effects of imprisonment, all of which often compound the resolve of some of the participants to live crime-free lives. / Sociology / D. Litt. et Phil. (Sociology)