Summaries in English and Afrikaans / Text in Afrikaans / In the past, witness statements obtained by or on behalf of a party to a criminal case were protected, from disclosure to the opponent, by privilege. The purpose of this dissertation is to investigate whether such claims to privilege are justified and whether openness before and during the trial is not perhaps more important to the interests of justice. The disclosure of witness statements to the defence is a commonly recognized practice all over the world. This practice enhances openness before and during the criminal trial. The arguments against and in favor of such a practice are many, but investigation into these has shown that it is in the interests of justice to disclose such statements to the defence, rather than to deny access. Furthermore, the writer investigates whether it would be in the interests of justice to compel the defence to assist the court in determining the truth. / In die verlede is getuieverklarings wat deur of ten behoewe van 'n party tot 'n strafsaak bekom is deur privilegie beskerm, teen openbaarmaking aan die teenstander. Verskeie argumente is aangevoer om die beroep op getuieverklaring privilegie te regverdig. Die doel van hierdie verhandeling is om ondersoek in te stel of sulke aansprake geregverdig is en of openheid voor en gedurende die verhoor nie meer belangrik vir die belang van geregtigheid is nie. Die openbaarmaking van getuieverklarings aan die verdediging is 'n algemeen erkende praktyk regoor die wereld. Hierdie praktyk bevorder openheid voor en tydens die strafverhoor. Die argumente vir en teen so 'n praktyk is baie en 'n ondersoek daarvan dui daarop dat dit in die belang van geregtigheid is om sulke verklarings aan die verdediging te openbaar, eerder as om toegang daartoe te weier. Die vraag is nou of dit nie ook in die belang van geregtigheid is dat die verdediging verplig word om die hof by te staan om die waarheid vas te stel nie. Ten slotte het die skrywer aan die hand gedoen dat partye tot 'n straf saak getuieverklarings gelyktydig voor die verhoor uitruil en ondersoek ingestel of so 'n praktyk in ooreenstemming met die Grondwet van Suid-Afrika 108 van 1996 kan wees. / Law / LL.M.

In this research docket analysis is evaluated as an investigative tool in stranger rape cases. Owing to the fact that serial rapists mostly reside within the category of stranger rape cases, the researcher attempted to test the value of docket analysis in the identification of patterns and similarities among such cases which could be indicative of serial rape activity. A rape matrix was used as a docket analysis tool to analyse the content of 184 stranger rape cases which was closed as ‘undetected’. In addition to investigative shortcomings in the case dockets, the researcher identified 15 stranger rape cases which presented six unique patterns among them. These identified patterns could be indicative of serial rape activity. / Criminology and Security Science / M.Tech. (Forensic Investigation)

The research question of this study is to determine what circumstances and conditions contribute to deaths in police cells. The study was undertaken in order to establish the causes of deaths in police cells and the factors which contribute thereto, as well as to determine the best international practices to prevent deaths in police cells. The literature was reviewed in order to establish the extent to which this phenomenon has been researched in South Africa and in other countries and to determine the regulatory framework related thereto. The researcher had collected data from the dockets relating to deaths in police cells which were kept at the IPID provincial offices in Gauteng and Limpopo. The data were collected by using the docket analysis schedule and were categorised into themes during the analysis process. Four cause of deaths in police cells were identified, namely, suicide, natural causes, assault by fellow detainees and injuries which were sustained prior to detention. Suicide is the leading cause of deaths. The second leading causes of deaths in police cells are natural causes and assault by fellow detainees. Deaths as a result of injuries sustained prior to detention came third. The most common ligatures which were used to commit suicide are shoe-laces, belts and strips torn from clothing and bedding items. The preferred ligature points are the burglar proof bars on cell windows. Booted feet and hands were the most common instruments used to inflict fatal injuries on the detainees. It was also found that police officials are generally not complying fully with the standing orders which regulate the management of people who are detained in police cells. The failure of police officials to comply fully with the standing orders on custody in police cells contributed to the deaths of detainees in police cells. Recommendations are made to prevent the deaths of detainees in police cells. / Police Practice / M. Tech. (Policing)

Summaries in English and Afrikaans / Text in Afrikaans / In the past, witness statements obtained by or on behalf of a party to a criminal case were protected, from disclosure to the opponent, by privilege. The purpose of this dissertation is to investigate whether such claims to privilege are justified and whether openness before and during the trial is not perhaps more important to the interests of justice. The disclosure of witness statements to the defence is a commonly recognized practice all over the world. This practice enhances openness before and during the criminal trial. The arguments against and in favor of such a practice are many, but investigation into these has shown that it is in the interests of justice to disclose such statements to the defence, rather than to deny access. Furthermore, the writer investigates whether it would be in the interests of justice to compel the defence to assist the court in determining the truth. / In die verlede is getuieverklarings wat deur of ten behoewe van 'n party tot 'n strafsaak bekom is deur privilegie beskerm, teen openbaarmaking aan die teenstander. Verskeie argumente is aangevoer om die beroep op getuieverklaring privilegie te regverdig. Die doel van hierdie verhandeling is om ondersoek in te stel of sulke aansprake geregverdig is en of openheid voor en gedurende die verhoor nie meer belangrik vir die belang van geregtigheid is nie. Die openbaarmaking van getuieverklarings aan die verdediging is 'n algemeen erkende praktyk regoor die wereld. Hierdie praktyk bevorder openheid voor en tydens die strafverhoor. Die argumente vir en teen so 'n praktyk is baie en 'n ondersoek daarvan dui daarop dat dit in die belang van geregtigheid is om sulke verklarings aan die verdediging te openbaar, eerder as om toegang daartoe te weier. Die vraag is nou of dit nie ook in die belang van geregtigheid is dat die verdediging verplig word om die hof by te staan om die waarheid vas te stel nie. Ten slotte het die skrywer aan die hand gedoen dat partye tot 'n straf saak getuieverklarings gelyktydig voor die verhoor uitruil en ondersoek ingestel of so 'n praktyk in ooreenstemming met die Grondwet van Suid-Afrika 108 van 1996 kan wees. / Law / LL.M.

This study seeks to determine the effectiveness of detectives in the investigation of housebreaking cases in the Secunda Cluster. Key theoretical concepts such as criminal investigation, housebreaking, evidence and effectiveness, are defined and explained. The objectives of criminal investigation are discussed in detail. The elements of housebreaking are also explained in detail. The researcher`s findings were that the research questions were answered by all the participants, who had more than adequate knowledge on the concepts, and were sometimes in line with the literature. The researcher noted the problems identified by the participants and came up with some solutions. On the basis of the findings of this research, recommendations are made to have specialised training in the investigation of housebreaking cases. The clarification and application of the various investigation techniques to improve the effectiveness of the investigation of housebreaking cases were also recommended. Investigators should continually receive refresher in-service training on new techniques being used by criminals in committing residential housebreaking cases. / Police Practice / M. Tech. (Forensic Investigation)

Text in English / This research attempts to analyse the modus operandi (MO) of perpetrators used in cases of trafficking in persons for sexual purposes, and trafficking in children. The Trafficking in Persons Bill was passed in South Africa, but not gazetted; therefore, alternate charges are used to prosecute perpetrators. The purpose, value and elements of MO allow an investigator to link a perpetrator to a specific crime scene. The research provides an examination of case dockets and the MO of perpetrators in human trafficking – inter alia, looking at such issues as time, location, transport routes used, criminal motive, recruitment styles, and the number of offenders. The MO of perpetrators identified during docket analysis indicates many similarities, when compared to the international MO of traffickers. The gathering of MO information forms a critical part of any investigation to link a perpetrator to a crime. This research therefore presents a comprehensive examination of the MO of perpetrators, and delivers practical recommendations to monitor and combat trafficking. / Police Practice / M. Tech. (Forensic Investigation)

The study investigated the application of the crime threat analysis process at station level within the Nelson Mandela Metro City area with the objective of determining inhibiting factors (constraints) and best practices. Qualitative research methodology was applied and interviews were conducted with crime analysts and specialised investigators/intelligence analysts. The research design can be best described as descriptive and explorative in nature. The crime threat analysis process embroils the application of various crime analysis techniques and the outcomes thereof intends to have a dual purpose of generating operational crime management information in assisting crime prevention initiatives and crime detection efforts, mainly focussing on the criminal activities of group offenders (organised crime related), repeat offenders and serial offenders. During the study it became evident that crime analysts understand and thus apply the crime threat analysis process indifferently, which impeded on the relevancy and the utilisation thereof as an effective crime management tool. / Criminology / M.Tech. (Policing)

The study investigated the application of the crime threat analysis process at station level within the Nelson Mandela Metro City area with the objective of determining inhibiting factors (constraints) and best practices. Qualitative research methodology was applied and interviews were conducted with crime analysts and specialised investigators/intelligence analysts. The research design can be best described as descriptive and explorative in nature. The crime threat analysis process embroils the application of various crime analysis techniques and the outcomes thereof intends to have a dual purpose of generating operational crime management information in assisting crime prevention initiatives and crime detection efforts, mainly focussing on the criminal activities of group offenders (organised crime related), repeat offenders and serial offenders. During the study it became evident that crime analysts understand and thus apply the crime threat analysis process indifferently, which impeded on the relevancy and the utilisation thereof as an effective crime management tool. / Criminology and Security Science / M.Tech. (Policing)