Indecent assault consists in an unlawful and intentional indecent assault which is and is intended to be indecent. There is some controversy in the case law whether the indecency is committed only by acts which are, objectively speaking indecent, against the view that even though the act is not indecent itself, may nevertheless found a conviction of indecent assault if it was the intention of the accused to act indecent and such intention was conveyed to the victim. It is submitted that the last mentioned approach is to be preferred but that the following test should be used: 1. If the act, is objectively speaking indecent and there is no doubt about the unlawfulness as well as the indecent intention of the accused, the crime of indecent assault was committed. 2. If the act is objectively speaking indecent but the indecent intention of the accused can not be proven, there is a rebuttable presumption that the accused acted with an indecent intention. Such as presumption must be rebutted b the accused himself. 3. If the act is not objectively speaking, indecent but the indecent intention of the accused can for example be proven by the accused confession to such an intention, the act became indecent. / Text in Afrikaans / Law / LL.M.

The research was conducted as a result of the long standing criticism against undercover operations due to the conduct of informers and agents during these operations. Since both undercover operations and informers are controversial issues it may cause serious judicial problems if the system is not applied correctly. The problem was investigated by means of qualitative research. A thorough literature study and semi-structured interviews were used to gather the required data. Semi-structured interviews were conducted with advocates of the Director of Public Prosecutions Free State and detectives from the Organised Crime Unit of the South African Police Service. It has been found that undercover operations are an effective manner to address organised crime and especially precious metals related crimes. Undercover operations are an excellent barometer to determine the extent of organised crime. It gives investigators a clear view of the compilation of a syndicate and the roles of leaders, runners and associates. Informers are invaluable sources of information. Without the use of informers it will be virtually impossible to engage in undercover operations, since the police will have no intelligence to engage into an investigation of this nature. The implications of the findings are that it is the responsibility of investigators, agents and informers to keep the system transparent, fair and acceptable. Their conduct may never violate their mandate and the boundaries of the investigation. Undercover operations are justified when the system is properly administered, structured, controlled and without bias. / Forensic Investigation / M. Tech. (Forensic Investigation)

Indecent assault consists in an unlawful and intentional indecent assault which is and is intended to be indecent. There is some controversy in the case law whether the indecency is committed only by acts which are, objectively speaking indecent, against the view that even though the act is not indecent itself, may nevertheless found a conviction of indecent assault if it was the intention of the accused to act indecent and such intention was conveyed to the victim. It is submitted that the last mentioned approach is to be preferred but that the following test should be used: 1. If the act, is objectively speaking indecent and there is no doubt about the unlawfulness as well as the indecent intention of the accused, the crime of indecent assault was committed. 2. If the act is objectively speaking indecent but the indecent intention of the accused can not be proven, there is a rebuttable presumption that the accused acted with an indecent intention. Such as presumption must be rebutted b the accused himself. 3. If the act is not objectively speaking, indecent but the indecent intention of the accused can for example be proven by the accused confession to such an intention, the act became indecent. / Text in Afrikaans / Law / LL.M.

The South African mining industry has not been shielded from the criminal threat the country faces. In this case study, the nature and extent of asset theft at one of the largest mining companies in South Africa is analysed. The crime prevention strategy adopted by the mine to curb asset theft was studied over a period of five years. This involved a survey of the views of the security managers on the effectiveness of the strategy implemented by the mine. Against the background of the South African Government’s broad description of the crime prevention approach adopted by the country, the researcher explored whether it would be practicable to implement an integrated crime prevention strategy – encompassing situational, social and law enforcement crime prevention approaches on primary, secondary and tertiary level – at the participating mine in order to curb asset theft. / Police Practice / M. Tech. (Policing)

An accused cannot be held criminally liable by a court until he is considered to be culpable, a process which entails establishing criminal capacity and intention (dolus) or negligence (culpa). Determining a perpetrator’s necessary intent in the form of dolus eventualis has proved to be a predicament in South African jurisprudence. This type of intent occurs when a person does not aim to cause the unlawful act, however, he subjectively foresees the likelihood that in pursuing with his conduct, the unlawful result will possibly happen, and he reconciles himself to this possibility. The problem with this form of intention, especially where the death of another is caused recklessly, is, amongst others, reservations as to whether the perpetrator’s foresight was of a real, reasonable or a remote possibility. This research examines the imperatives and rationale for preceding and current interpretations and applications of dolus eventualis and associate concepts in South African as well as in selected foreign legal frameworks in order to provide a comprehensive perspective on the subject. In this regard, the study challenges conflicting judgments on the application of dolus eventualis in domestic courts, especially as regards homicide- and putative private defence cases, amongst others. It is evidenced that in case law concerning dolus eventualis, legal rules were not properly articulated when determining this type of criminal intent. In this investigation, the legislative framework applicable to dolus eventualis under international law is also critically evaluated with the aim of facilitating the comprehension of this element in South African law. As the concept of dolus eventualis is an indispensable concept in South African criminal law, recommendations are proposed on the application and interpretation of dolus eventualis suitable to the South African landscape, which includes possible law reform. / Criminal and Procedural Law / LL. D. (Criminal and Procedural Law)

A brief analysis of South African Law relating to intoxication as a defence prior to 1988 is given. This is followed by an in-depth discussion and evaluation of the statutory crime created by section 1 (1) of the Criminal Law Amendment Act 1 of 1988. Various points of criticism against the wording of section 1 (1) as well as the problems with regard to its application in practice are set out. In conclusion a draft for a new, more effective wording for section 1 (1) is given / Criminal & Procedural Law / LL.M. (Criminal & Procedural Law)

A brief analysis of South African Law relating to intoxication as a defence prior to 1988 is given. This is followed by an in-depth discussion and evaluation of the statutory crime created by section 1 (1) of the Criminal Law Amendment Act 1 of 1988. Various points of criticism against the wording of section 1 (1) as well as the problems with regard to its application in practice are set out. In conclusion a draft for a new, more effective wording for section 1 (1) is given / Criminal and Procedural Law / LL.M. (Criminal & Procedural Law)

The illegal trade in endangered animals in KwaZulu-Natal, with an emphasis on rhino poaching, is tactically addressed in this dissertation. The aim is to expose the nature and extent of these crimes; the victims, offenders and modus operandi involved; the adjudication of wildlife offences; the causes and consequences concerned; the relevant criminological theories to explain these crimes; and recommendations for prevention. This research intends to examine the contemporary pandemic of rhino poaching in KwaZulu-Natal, South Africa, and offer potential techniques for intervention. Furthermore, one of the main goals of the study is to reveal and enhance the extremely neglected field of conservation criminology. A general disregard by society for the environment, as well as the overall ineffectiveness and corruption of criminal justice and conservation authorities, comes to the fore. The purpose of the research is therefore to suggest possible prevention strategies in order to protect the rights of endangered species. / Criminology and Security Science / M.A. (Criminology)

The illegal trade in endangered animals in KwaZulu-Natal, with an emphasis on rhino poaching, is tactically addressed in this dissertation. The aim is to expose the nature and extent of these crimes; the victims, offenders and modus operandi involved; the adjudication of wildlife offences; the causes and consequences concerned; the relevant criminological theories to explain these crimes; and recommendations for prevention. This research intends to examine the contemporary pandemic of rhino poaching in KwaZulu-Natal, South Africa, and offer potential techniques for intervention. Furthermore, one of the main goals of the study is to reveal and enhance the extremely neglected field of conservation criminology. A general disregard by society for the environment, as well as the overall ineffectiveness and corruption of criminal justice and conservation authorities, comes to the fore. The purpose of the research is therefore to suggest possible prevention strategies in order to protect the rights of endangered species. / Criminology and Security Science / M.A. (Criminology)

This research examines the legal issues surrounding killing in defence of property in three selected jurisdictions: South Africa, Cameroon and the United States. The comparative analysis illustrates that although the right to protect one’s property is universal, this defence is interpreted differently in the various jurisdictions. Another issue considered in the study is the constitutional right to life in each jurisdiction and whether or not an unlawful attack against one’s property creates a legal entitlement for the attacked party to take the life of another in defence of his or her property. Private defence of property is available when a person uses force to defend an interest in property, for example; to prevent a would-be thief from taking his own, or another’s property, to prevent someone from damaging his own or another’s property, to prevent an intruder from entering his own or another’s property. When an accused pleads private defence, his claim is that his harm-causing conduct was, in the circumstances, lawful. The reasonable use of force (short of deadly force) in the private defence of property is not disputed. However, the use of deadly force in protection of property is controversial, especially in a constitutional state such as South Africa where life should be prized above property. One should however also consider that there is a close link between the private defence of defending life and of protecting property. In many cases, an assault on property also involves a threat on life. However, there are cases of private defence of property where no threat to bodily integrity exists. These situations will be examined in all three jurisdictions and measured against the various constitutional imperatives. Conclusions and recommendations are made as regards the legal framework on the defence of property in the criminal law of the various jurisdictions. / Criminal and Procedural Law / LL. M.