Text in English / The organized and sophisticated way in which criminal targets conduct the crime of drug trafficking, necessitates the use of undercover agents in undercover drug trafficking criminal investigations. The goal of this research was to determine how agents should be recruited and managed for undercover drug trafficking criminal investigations. The correct recruitment and management processes when dealing with agents in undercover drug trafficking criminal investigations, which enable investigators to follow a logical sequence, was explored by the researcher. The entire recruitment process of agents in undercover drug trafficking criminal investigations was discussed, from studying the criminal target, identification of a suitable agent and then the recruitment process itself. Legal aspects and administrative processes to be utilized to manage agents were discussed. The researcher utilized national and international literature sources to gather new and current information on the recruitment of agents in undercover drug trafficking investigations. Interviews were conducted with retired and experienced former South African Police Service (SAPS) officials who managed and recruited agents during their employment in the SAPS. The general purpose of this research was to provide practical recommendations on the best practices for the recruitment and management of agents in undercover drug trafficking criminal investigations. / Police Practice / M.Tech. (Forensic Investigation)

The research entailed an exploration of the reasons behind corruption and related offences in selected Gauteng police stations of the South African Police Service (SAPS). Corruption refers to the illegal and unlawful activities performed by police officials when they enrich themselves by taking money and other valuable property from offenders, victims and other people they come into contact with. The participants in this study were purposefully chosen and comprised of two groups. The first group included ex-police officials convicted and sentenced for committing corruption and related offences. The second group were active police officials suspected to have committed corruption and related crimes and some in this group were dismissed by disciplinary tribunals. The research was done at four of the police stations in Gauteng Province. There were 18 participants interviewed and nine were chosen from these police stations, with the remaining nine from two correctional facilities in Gauteng. The participants were asked an open-ended question which aimed at exploring convicted police officials’ reasons for having committed corruption. The interviews were recorded with the participants’ permission. The recorded data were transcribed verbatim and analysed. The five main themes that emerged are the high incidence of corruption involving all levels of police, multiple environmental factors which contribute to corruption, forms of corruption, dynamics resulting from corruption and anti-corruption mechanisms to prevent corruption. The themes were described using “in vivo” quotes from the transcribed data. To learn other trends about corruption, the nature and extent of corruption in the political, economic and the governmental sphere were discussed. In the summary of the research recommendations and conclusions were provided. A model has been identified which consists of preventative and reactive mechanisms, including selection, recruitment, the code of conduct, supportive leadership, supervision, mentoring and coaching, targeted inspections and auditing. Life style audits, disciplinary measures, dismissals and prosecution in these corruption case hearings also form part of the proposed model. / Corrections Management / D.Litt. et Phil. (Criminal Justice)

In this study the researcher’s focus was on the analysis of human rights training in SAPS, a case study in Gauteng. The whole study is covered by over seven chapters. In chapter one, the introduction to human rights is discussed and the reason that motivated the researcher to pursue the study under the topic. Most importantly the aim and objectives of the study are outlined. Chapter two main focuses is on the regulatory frameworks of human rights training and programmes. In chapter three the attention is on the international best practice for police training in human rights, as any police training is benched marked internationally. Chapter four the researcher explains the research methodology used in this study, as it is important for the reader to have an understanding. Chapter five discusses the data that is collected and the analysis thereof by using nine themes to analyze data. In chapter six the discussion is based on the finding of data analysis from chapter five. Finally the researcher in chapter seven gives the summary of the study, the recommendations and conclusion on how to improve the training of human rights in the SAPS. / Kulolu cwaningo, umcwaningi ugxile ekuhlaziyeni uqeqesho kwezamalungelo abantu kwa-SAPS, kubhekwa kabanzi okwenzeka eGauteng. Ucwaningo oluphelele lwethulwa ezahlukweni eziyisikhombisa. Kwisahluko sokuqala, kwethulwa ingxoxo ngamalungelo abantu kuphinde kunikezwe izizathu ezigqugquzele umcwaningi ukuba enze lolu cwaningo ngaphansi kwalesi sihloko. Okubaluleke kakhulu, injongo nezinhloso zocwaningo kubaluliwe. Isahluko sesibili sigxile kakhulu ezinhlakeni ezilawulayo zoqeqesho kwezamalungelo abantu kanye nezinhlelo. Esahlukweni sesithathu, kubhekwa kakhulu indlela eyimpumelelo amanye amazwe enza ngayo maqondana nokuqeqeshwa kwamaphoyisa kwezamalungelo abantu, njengoba kubhekwa ngokuqhathanisa nanoma yiluphi uqeqesho lwamaphoyisa emazweni omhlaba. Kwisahluko sesine, umcwaningi uchaza indlela yokucwaninga esetshenziswa kulolu cwaningo, njengoba kubalulekile ukuba ofundayo akuqonde akufundayo. Isahluko sesihlanu sidingida imininingwane eqoqiwe kanye nokuhlaziywa kwayo ngokusebenzisa izingqikithi eziyisishiyagalolunye zokuhlaziya imininingwane. Kwisahluko sesithupha, ingxoxo incike kulokho okutholakele uma kuhlaziywa imininingwane esahlukweni sesihlanu. Okokugcina, kwisahluko sesikhombisa, umcwaningi unikeza isifinyezo socwaningo, izincomo kanye nesiphetho maqondana nendlela okungathuthukiswa ngayo uqeqesho kwezamalungelo abantu kwa-SAPS. / Kwesi sifundo umphandi ugxininise kuhlalutyo loqeqesho ngamalungelo oluntu, qeqesho olo lwenziwa kumalungu eSAPS, ngesifundo samava eGauteng. Isifundo esi sisonke siqulethe izahluko ezingaphaya kwesixhenxe. Kwisahluko sokuqala, kuxoxwa ngokwaziswa kwamalungelo oluntu nesizathu esiqhubele ekubeni umphandi alandele isifundo phantsi kwesi sahluko. Okona kubaluleke kakhulu kukuchazwa kweenjongo neziphumo ezibonakalayo zesi sifundo. Isahluko sesibini sigxininisa kwisakhelo solawulo loqeqesho neenkqubo zamalungelo oluntu. Kwisahluko sesithathu kuqwalaselwa kweyona ndlela ingcono kulo lonke ihlabathi, kuqeqesho lwamapolisa malunga namalungelo oluntu, njengoko naluphi na uqeqesho lwamapolisa lusekelwa kwindlela ekwenziwa ngayo kwihlabathi liphela. Kwisahluko sesine umphandi ucacisa indlela yophando ayisebenzisileyo kwesi sifundo, kuba oku kubalulekile ekuqondeni komfundi. Isahluko sesihlanu sixoxa ngeenkcukacha zolwazi eziqokelelweyo ukuze zihlalutywe ngokusebenzisa imixholo emihlanu yokuhlalutya iinkcukacha zolwazi. Kwisahluko sesithandathu ingxoxo isekelwe kokufunyaniswe kuhlalutyo lweenkcukacha zolwazi olwenziwe kwisahluko sesihlanu. Ekugqibeleni, kwisahluko sesixhenxe umphandi unika isishwankathelo sesifundo, iingcebiso nezigqibo malunga nendlela ekunokuphuculwa ngayo uqeqesho malunga namalungelo oluntu kwiSAPS. / Police Practice / M. A. (Criminal Justice)

The main purpose of this research is to assess the utilisation of the Local Criminal Record Centre (LCRC) in rape crime scenes. First responders need to attend to the crime scene and secure it as soon as possible. Other role-players such as the Family Violence, Child Protection and Sexual Offences (FCS) investigator and LCRC fieldworkers should be activated by the first responder to the rape crime scene. Ideally, role-players should be activated as soon as the case is reported to the first responder. Members of the LCRC are responsible for recording the crime scene by taking photographs, making video recordings and drawing sketch plans of the scene. The LCRC is also responsible for processing the rape scene for physical evidence such as fingerprints, blood, hair, semen and saliva. The crime scene is a major source of information as far as physical evidence is concerned. The body of the victim is also a major source of physical evidence. It is therefore essential to have the rape victim examined by a medical examiner and the crime scene to be processed by the LCRC fieldworker timeously, in order to secure physical evidence that could be used to individualise a suspect. The discovery of physical evidence could place the suspect on the scene of crime and link such suspect to the crime committed. The physical evidence could also assist in corroborating the version of events from the victim. The physical evidence could also be used to exclude suspects as well. This dissertation seeks to highlight the importance of having the LCRC processing rape crime scenes for physical evidence and to emphasise the responsibility of the first responders to activate LCRC fieldworkers to process the scene of incident timeously, in order to maximise physical evidence recovery. / Criminology and Security Science / M. Tech. (Forensic Investigation)

In this research, the role of forensic science with the use of forensic photography in the crime scene reconstruction process was evaluated. The researcher identified how SAPS detectives and Crime Scene Technicians (CST‟S) are currently conducting crime scene reconstructions by adopting forensic photography; furthermore, other methods in which forensic photography could be used to conduct crime scene reconstructions were explored. The researcher made use of an empirical design, as the information available on the research topic was limited. The empirical design, together with a qualitative research approach, allowed for real-life observations. The simple random sampling method was used to select 20:10 partcipants for this research as follows: Ten (10) detectives that investigate murder cases, and another ten (10) CST‟S that conducted crime scene reconstructions in the Durban Policing Area (DPA). Data was obtained using qualitative data collection methods that included a literature study and interviews. The findings of this research provide that the value of forensic science, as well as the use of forensic photography in the crime scene reconstruction process, was established. Evidently, detectives and CST‟S are not doing everything possible to reconstruct murder crime scenes. For recommendation, this research suggests that SAPS detectives and crime scene technicians (CST'S) adopt the fundamentals of forensic science when reconstructing murder crime scenes. / Criminology and Security Science / M. Tech. (Forensic Investigation)

The primary objective of this research was to study and explain police criminality from a criminological point of view. Police criminality was addressed from a scientific perspective and this was achieved by using scientific measures and procedures including theoretical explanations and recognised research methodology. The secondary objectives included the undertaking of a comprehensive literature study on police criminality in addition to conducting interviews with specialists in order to gain expert information from knowledgeable sources in the field of police criminality. Interviews conducted with police offenders addressed police criminality from the viewpoint of the individual offender. The findings of the empirical study reflect significant individual and organisational factors. The individual factors highlighted characteristics such as power, greed, aggression, feelings of invincibility, gullibility, propensity to criminality and psychological factors including Post Traumatic Stress Disorder, which contributed to crimes committed by police members. Perhaps the most significant organisational contributors highlighted by this study related to managerial shortcomings. It is evident that police organisations with high levels of untrained, inexperienced and incompetent managers experience high levels of internal criminality. Poor supervision and the lack of corruption controls create an enabling environment for the perpetuation of police deviance. Additional organisational factors that encourage criminality include negative aspects of police culture such as the code of silence, where police members are more apt to protecting corrupt colleagues than reporting them. The lack of discipline gives rise to insubordination and familiarity, which encourages impunity. In the South African Police Service at present, the policy of Affirmative Action is causing widespread dissatisfaction and the lowering of morale amongst certain members. Inadequate recruitment and training do not prepare members adequately for their job and it literally allow the "worm into the apple." The researcher's contribution to this study is an interventionist model, which contains essential recommendations primarily for the benefit of the South African Police Service. These include the expeditious implementation of a comprehensive anti-corruption strategy and the creation of an independent investigation unit. Management shortcomings must be rectified and professionalism encouraged. Recruits need to be thoroughly vetted and ethics and integrity must be included in police training. / Criminology and Security Science / D. Litt. et Phil. (Criminology)

The primary goal of this study is to promote knowledge and understanding of the restructuring process of the Family Violence Child Protection and Sexual Offences (FCS) unit in the South African Police Service (SAPS) through impact evaluation. Many evaluation programmes provide blueprints and methods to manage and help solve organisational transformation. They, however, lack dealing with the unique organisational transformation process characterised in the South African Police Service (SAPS). Given this importance, there appears to be potential value in evaluating the impact of the restructuring process in the FCS. During the research extensive panel studies and individual interviews were conducted in the West Rand policing district with FCS members, non-governmental organisations (NGOs) directly involved with family violence, child protection and sexual offences, Senior Public Prosecutors involved with cases concerning the FCS and researchers at a security research institute. Furthermore, a descriptive literature study was conducted to acquire relevant information and perspective from available national and international literature. Various objectives were fulfilled in this study: • The impact of the restructuring process in the FCS, to assess the internal and external climate on service delivery, was identified and described. • It was determined whether the restructuring process in the FCS is achieving its proposed objective. • Feedback to help improve the effectiveness of the restructuring process and improve future strategies was provided. Moreover, this study and its results provide a framework to the SAPS as an organisation that is currently going through an extensive transformation process. As a result, the management of the SAPS will receive first hand information on the areas to specifically focus on during the restructuring of the FCS, or utilised this impact evaluation as a learning curve and an opportunity to rectify shortcomings and also systematically be guided through this process in realisation thereof. Consequently, this impact evaluation could act as a management tool to support and further develop the transformation process in the SAPS. Finally, this study contributes to the baseline of knowledge, with regard to structural transformation in the specialised field of policing. / Police Science / D. Litt. et Phil. (Police Science)

Before 1994 criminal procedure was subject to the sovereignty of Parliament and the untrammelled law enforcement powers of the executive which resulted in the authoritarian and oppressive criminal justice system of the apartheid era. The Constitution, Act 108 of 1996 has since created a democratic state based on the values of the supremacy of the Constitution and the rule of law. The basic principles of criminal procedure are now constitutionalised in the Bill of Rights. The Bill of Rights protects the fundamental rights of individuals when they come into contact with organs of the state which includes the police. The Criminal Procedure Act 51 of 1977 authorises the police to search for and to seize articles, and has long provided the only legal basis for obtaining warrants to search for and to seize articles and for performing such actions without a warrant in certain circumstances. Generally the standard for these measures and actions taken under their purview has been one of reasonableness. Since the birth of the Constitution there has been additional constraints on search and seizure powers. Not only are there now constitutionalised standards by which such legal powers are to be measured, but there is also the possibility of excluding evidence obtained in course of a violation of a constitutional right. The provisions of the Criminal Procedure Act are now qualified by the Constitution. Where feasible a system of prior judicial authorisation in the form of a valid search warrant obtained on sworn information establishing reasonable grounds is a precondition for a valid search or seizure. Search and seizure without a warrant is permitted only in exceptional circumstances such as an immediate threat to person or property. By prohibiting unreasonable searches and seizures the Constitution places important limits on police efforts to detect and investigate crime. The Constitution appreciates the need for legitimate law enforcement activity. / Criminal and Procedural Law / LL.M.

Die doel van hierdie ondersoek is om die gestruktureerde onderhoud, in die vorm van die Targeted Selection Interview tegniek, as geldige keuringsinstrument ter voorspelling van opleidingsukses van bestuursdienstepraktisyns in die Suid-Afrikaanse Polisiediens te ondersoek. Daar is gebruik gemaak van 'n opnamemetode en die opleidingsprestasie van kandidaatbestuursdienstepraktisyns is vergelyk met die resultate wat kandiddate behaal het in hulle evaluering tydens die gestruktureerde onderhoud. Korrelasies is bereken tussen die tellings behaal vir elke dimensie wat die onderhoud evalueer en die tellings onderskeidelik behaal vir elke opleidingsmodule voltooi tydens die 1 0-weke-bestuurs-dienstesertifikaatkursus wat aangebied word deur die Technikon Pretoria. Die resultate behaal in die ondersoek dui op lae, nie-beduidende korrelasies tussen die gestruktureerde onderhoud as keuringsinstrument en die kandidaatbestuursdienstepraktisyns se prestasie tydens opleiding. Die resultate dui dus daarop dat die Targeted Selection Interview wat die Suid-Afrikaanse Polisiediens toepas, nie opleidingsprestasie voldoende voorspel nie. / The aim of this study is to investigate the validity of the structured interview, in the form of the Targeted Selection Interview technique to predict training success of management services practitioners in the South African Police Service. A survey method has been used to obtain the data regarding the training success of candidates and the evaluation results of the structured interview. The correlation was calculated between scores obtained for every dimension measured by the interview and the scores for every training module compl~ted on the 1 0-week management services certificate course, presented by the Technikon Pretoria. The results obtained indicates low, insignificant correlations between the structured interview as selection instrument and the training results of candidate Management Services practitioners. The results thus indicate that the Targeted Selection Interview as applied by the South African Police Service, does not sufficiently predict training success. / Industrial and Organisational Psychology / M.A. (Bedryfsielkunde)

In South Africa, the right to protest is under constant threat as a result of the state response. Increasing cases of forceful policing and sometimes unlawful procedural prohibitions of protest attest to this. This study aims to firstly describe this situation through securitisation theory, essentially arguing that South Africa has become a securitised state. It also aims to understand how this is sustained by the state and why the state needs to use a securitised response to maintain power. Interviews were conducted with members of different communities and organisations. Their responses helped to illustrate the frustration of the right to protest or brutal policing during a protest. This provided primary evidence to support the claims of the study. The research shows that claims to protest are being delegitimised under the guise of security as protestors are being constructed as threats to the state. This is further substantiated by looking at how the reorganisation and remililtarisation of the South African Police perpetuates the criminalisation of protestors which necessitates a forceful response from the state. Furthermore, it shows that there is a distinct relationship between the prohibition of protest and the recent increase in ‘violent’ protests which legitimate forceful policing thereby creating a state sustained cycle of violence. The larger implication of this treatment is that these protestors are treated as non- citizens who are definitively excluded from participating in governance. In understanding why this is taking place, it is clear that a securtitised response is an attempt to maintain power by dispelling any threats to power, a response which is seen to have a long history in the African National Congress (ANC) when examining the politics of the ANC during exile. Maintaining power in this way distracts from the larger agenda of the state, which this thesis argues, is to mask the unraveling of the ANC’s hegemony and inability to maintain national unity. In other words, the increasing dissatisfaction of some of the citizenry which has manifested through protest greatly undermines the legitimacy of the government to provide for its people.