The World Prison Brief Walmsley (2001:2) reveals that there are 8,7 million people held in penal institutions throughout the world, either as pre-trial detainees or having been convicted and sentenced. Although the rising prison population in South Africa is of great concern, it is certainly not just a South African problem, but an international phenomenon. Prison overcrowding and the resultant financial and human rights problems related to this phenomenon, remain one of the paramount concerns of both developed and developing countries. Overcrowding of prisons negates the rehabilitation of offenders, undermines human dignity in correctional facilities and renders the safety and security of offenders and the community vulnerable. Another problem facing the Department of Correctional Services is the control of communicable diseases and viruses, particularly HIV/AIDS and Tuberculosis. The problem of overcrowding facilitates the easy spread of communicable diseases among inmates. Imprisonment as a sanction remains a reality. Providing alternatives to imprisonment, for example, community based-sanctions, does however ensure that a significant number of offenders can be dealt with in a more balanced manner. Alternative sanctions to incarceration can be more successful, less costly to the state, have fewer negative implications and will lighten the load for the criminal justice system, hence reducing overcrowding. In order to reduce the overcrowding in prisons there has to be a reduction in the number of both awaiting-trial and sentenced prisoners. Reducing the inflow of offenders from the courts to the prisons and trying to get minor offenders in prison to be released should accomplish this. Courts and magistrates must break away from centuries of reliance on imprisonment as punishment. If more people show interest in the human rights of incarcerated prisoners, then further effort will be placed on resolving the overpopulation problem facing the Department of Correctional Services. / Criminology and Security Science / (D. Litt et Phil.(Penology))

Although s 9 of the new Constitution 1 guarantees the right to life, there is no express provision which abolishes the death sentence. Whereas in the past the death sentence could only be avoided by the exercise of judicial discretion or political and public pressure, its imposition will now have to be entirely re-evaluated. Not only are all the laws of the country subject to the new Constitution, 2 but so too a Constitutional Court will be operational which will have the power to test the constitutionality of any such laws. By looking at the standards and relevant issues which are considered to define the constitutionality of the death sentence internationally, reviewing current application of the death sentence in South Africa, drawing comparisons, and by studying the problems unique to the South African situation, it will be the aim of this dissertation to determine how the death sentence will fare under a Constitutional Court. / Criminal and Procedural Law / LL. M.

PhD (Health Sciences ) / Department of Psychology / The rate of incarceration is historically high. Increasingly, research points to the negative effects of incarceration among offenders, particularly in adult facilities. Literature published since 2000 suggests that incarceration fails to meet the developmental and criminogenic needs of offenders and is limited in its ability to provide appropriate rehabilitation. Incarceration often results in negative behavioural and mental health consequences such as suicidal thoughts and attempts. Suicide is often the single most common cause of death in correctional settings. The psychological impact of incarceration and its implications for post-prison, free world adjustments are substantial. The severe behavioural problems of offenders are a result of complex and interactive individual and environmental factors which elicit and maintain offending behaviour. The study sought to develop a model to facilitate effective psychological services among offenders in long-term incarceration correctional services. The study consisted of two phases, namely the empirical phase and conceptualisation phase. In phase one, which was the empirical phase, a qualitative approach was employed. The study utilised phenomenological, explorative, and contextual designs. The study population comprised of male offenders who were serving their long-term incarceration in the Vhembe District at Limpopo Province. Thirty offenders and one clinical psychologist were purposively selected. Data were collected from participants using semi-structured interviews. In-depth information about their experiences physical and mental risks of being incarcerated, as well as the coping mechanisms they used during incarceration was collected. Unstructured interviews were used to collect information about psychological services that are being rendered at correctional centres and their effectives from the only psychologist who participated in the study. Field notes as well as observations were also used methods of data collection. Data analysis was done using Interpretative Phenomenological Analysis and Thematic data analysis. Relevant ethical principles were adhered to. Informed consent was sought from participants prior to the commencement of the study. The study further maintained the aspect of confidentiality and privacy since it was dealing with human subjects and sensitive issues. Issues of trustworthiness; credibility, dependability, transferability and conformability were ensured. The study findings revealed that most of the offenders were not very happy with the kind of mental health services they received from the correctional centres. They reported that correctional centres had a potential to make one totally insane. However, for one to make sense of what is happening at the correctional centres, one would need to receive mental vi health services. Furthermore, the study also discovered that one of the correctional centres is not providing offenders with mental health services and this makes it difficult for offenders to cope with their long-term incarceration since rehabilitation is not taking place. Findings also showed that offenders in one of the two centres were at a greater risk of contracting communicable diseases at the correctional centre due to overcrowding, poor health care system and poor hygiene. Concept analysis was done using Dickoff, James and Wiedenbach, (1968) guidelines. The framework adopted six guidelines that were used in theory development. A model was developed using the Walker and Avant (1995) framework to enhance the effectiveness of facilitation of psychological services at Thohoyandou correctional services and Kutama-Sinthumule Maximum correctional centre. The researcher recommends that mental health policies should be implemented to enhance and scale up mental health services in both correctional centres. / NRF

Text in Afrikaans / Executions were discontinued during November 1989. In February 1990 the State President announced a moratorium on executions. Since 27 July 1990 the Criminal Law Amendment Act, 1990 effected important changes to the substantive law and procedure regarding the death sentence. The "new" death sentence dispensation was applied by the courts and the moratorium would be lifted as soon as the new dispensation became effective. That never materialised. The death sentence issue was dealt with in a game of political compromise. Criminal law and the esteem of the Government suffered as a result. Judicial frustration and uncertainty developed regarding application of the death sentence. The opportunity was seized by the abolitionists to attain their ideal. The Constitutional Court declared the death sentence unconstitutional. Presently a final Constitution is being drafted which will probably finally do away with the death sentence. An effective process of denigration of the death sentence thus resulted from the moratorium on executions. / Teregstellings is gedurende November 1989 gestaak. Op 2 Februarie 1990 het die Staatspresident 'n moratorium op teregstellings afgekondig. Vanaf 27 Julie 1990 het die Strafregwysigingswet, 1990, belangrike verstellings aan die materiele en prosessuele reg met betrekking tot die doodvonnis gemaak. Die "nuwe" doodvonnisbedeling is deur die howe toegepas. Die moratorium sou opgehef word sodra die "nuwe bedeling" op dreef was. Dit het nie gebeur nie. 'n Spel van kornprornie-politiek random die doodvonniskwessie het horn afgespeel. Die strafregpleging en die Regering se aansien het daaronder gely. Regterlike frustrasie het posgevat en regsonsekerheid oar die toepassing van die doodvonnis het ontstaan. Die geleentheid is deur die afskaffers aangegryp om hul ideaal te verwesenlik. Die Konstitusionele Hof het die doodvonnis ongrondwetlik verklaar. Tans word 'n finale Grondwet geskryf wat waarskynlik die doodvonnis gaan afskaf. 'n Effektiewe proses van aftakeling van die doodvonnis het dus sedert die moratorium op teregstellings plaasgevind. / Criminal & Procedural Law / LL. M.

The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal & Procedural Law / LLM

The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal and Procedural Law / LL. M.

Text in Afrikaans / Executions were discontinued during November 1989. In February 1990 the State President announced a moratorium on executions. Since 27 July 1990 the Criminal Law Amendment Act, 1990 effected important changes to the substantive law and procedure regarding the death sentence. The "new" death sentence dispensation was applied by the courts and the moratorium would be lifted as soon as the new dispensation became effective. That never materialised. The death sentence issue was dealt with in a game of political compromise. Criminal law and the esteem of the Government suffered as a result. Judicial frustration and uncertainty developed regarding application of the death sentence. The opportunity was seized by the abolitionists to attain their ideal. The Constitutional Court declared the death sentence unconstitutional. Presently a final Constitution is being drafted which will probably finally do away with the death sentence. An effective process of denigration of the death sentence thus resulted from the moratorium on executions. / Teregstellings is gedurende November 1989 gestaak. Op 2 Februarie 1990 het die Staatspresident 'n moratorium op teregstellings afgekondig. Vanaf 27 Julie 1990 het die Strafregwysigingswet, 1990, belangrike verstellings aan die materiele en prosessuele reg met betrekking tot die doodvonnis gemaak. Die "nuwe" doodvonnisbedeling is deur die howe toegepas. Die moratorium sou opgehef word sodra die "nuwe bedeling" op dreef was. Dit het nie gebeur nie. 'n Spel van kornprornie-politiek random die doodvonniskwessie het horn afgespeel. Die strafregpleging en die Regering se aansien het daaronder gely. Regterlike frustrasie het posgevat en regsonsekerheid oar die toepassing van die doodvonnis het ontstaan. Die geleentheid is deur die afskaffers aangegryp om hul ideaal te verwesenlik. Die Konstitusionele Hof het die doodvonnis ongrondwetlik verklaar. Tans word 'n finale Grondwet geskryf wat waarskynlik die doodvonnis gaan afskaf. 'n Effektiewe proses van aftakeling van die doodvonnis het dus sedert die moratorium op teregstellings plaasgevind. / Criminal and Procedural Law / LL. M.

Increasing incidents of mob justice have left a trail of murders that remain unsolved in the rural areas of South Africa. As such, little attention has been given to the experiences of victims and perpetrators involved in mob justice related incidents in these areas in particular. The purpose of this study was to examine narrative accounts of the experiences of victims and perpetrators engaged in mob justice associated incidents in the Diphale village, Limpopo. Twenty participants, consisting of 14 perpetrators and 06 victims, were chosen through sampling techniques, like, convenience and snowball sampling. A qualitative approach was adopted using semi-structured interviews as the key research instrument. The semi-structured interviews were conducted with 09 perpetrators, and two focus groups involving 06 victims and 05 perpetrators. Data was analysed using thematic analysis to interpret data collected from the participants. The findings indicated that unsolved crime leads to persistent mob justice activities in the Diphale village. The findings in the study were further bolstered through the provision of recommendations aimed at preventing future mob justice activities. The recommendations highlight proper service delivery, including community development, and the reduction of corruption and bribery. / Criminology and Security Science / M.A. (Criminology)

This dissertation focuses on the expulsion of learners from secondary schools in the Western Cape. Learners with behavioural and emotional problems are disruptive in class. They antagonise teachers and challenge the code of conduct of the school. Expelling learners has far reaching consequences for education and society. Although official expulsions have remained constant the number of "unofficial expulsions" appear to be increasing. Expulsion rates vary amongst schools, but those situated in middle-class areas request more expulsions than those situated in lower socio-economic areas. Substance abuse is by far the most dominant reason for expulsion followed by physical confrontation, verbal confrontation, theft, sexual assault and other behavioural problems. Whilst certain factors such as the socio-economic background, intake, catchment area and ethos of the school does influence expulsions, factors within the school i.e. the attitude of the principal towards certain policies and practices may unintentionally contribute to its increase. Finally, the dissertation provides guidelines and recommendations towards minimising expulsions. / Educational Studies / M.Ed. (Guidance and Counselling)

This dissertation focuses on the expulsion of learners from secondary schools in the Western Cape. Learners with behavioural and emotional problems are disruptive in class. They antagonise teachers and challenge the code of conduct of the school. Expelling learners has far reaching consequences for education and society. Although official expulsions have remained constant the number of "unofficial expulsions" appear to be increasing. Expulsion rates vary amongst schools, but those situated in middle-class areas request more expulsions than those situated in lower socio-economic areas. Substance abuse is by far the most dominant reason for expulsion followed by physical confrontation, verbal confrontation, theft, sexual assault and other behavioural problems. Whilst certain factors such as the socio-economic background, intake, catchment area and ethos of the school does influence expulsions, factors within the school i.e. the attitude of the principal towards certain policies and practices may unintentionally contribute to its increase. Finally, the dissertation provides guidelines and recommendations towards minimising expulsions. / Educational Studies / M.Ed. (Guidance and Counselling)