Abstract in English, Xhosa and Tswana / The recognition of the role of females in drug trafficking was established more than 30 years ago and there are notable cases of women undertaking leading roles in this crime for almost 100 years. This phenomenon has gained popularity in South Africa as is evidenced by the number of women who are found and incarcerated for smuggling drugs into or out of South Africa. The purpose of this study was to gain an in-depth understanding of the female drug mule phenomenon and explain the reasons why female drug mules are involved in drug smuggling. The objectives of the study were to develop a profile for female drug mules incarcerated in South African correctional centres, specifically Kgoši Mampuru II and Johannesburg Female Correctional Centre; to establish risk factors for being recruited and used as drug mules; to explain the mules’ motivations for being involved in drug smuggling; to determine the physical and emotional impact drug smuggling has on the drug mules; and to determine the methods used by drug mules to smuggle drugs. A qualitative research approach, with the use of one-on-one semi-structured interviews, was used to obtain information from participants. The sample comprised 20 diverse female offenders incarcerated at Kgoši Mampuru II and Johannesburg Correctional Centres. The data from the schedule of interview questions were analysed using thematic analysis, coding and categorising. It is envisaged that this research will be of significance to the criminal justice system, as recommendations on deterrence and preventative measures regarding the use of females as drug mules may be made from the findings. The general findings of this research demonstrate that a female drug mule, in the context of this study, is an African or Spanish woman that is open to methods that can produce various streams of income to support her children and family. Secondly, the findings in this dissertation revealed that women are recruited as drug mules because of their vulnerable economic state. Lastly, the most common method used to smuggle drugs revealed by participants in this research is through luggage concealment. Through this study, an in-depth insight into the history and life circumstances of female drug mules is provided. This will also help society to understand why some individuals are at risk of being recruited as mules or are motivated to engage in drug smuggling. Consequently, this research study may assist in the creation of early detection, education and awareness programmes surrounding the risks associated with drug smuggling. / Ukuthatha inxaxheba kwabasetyhini ekuhambiseni iziyobisi kwaqala ukubhalwa ngako ngaphaya kweminyaka engama-30 adlulayo, kanti phantse kwiminyaka eli-100 eyadlulayo zazikho iingxelo ngamakhosikazi adlala iindima eziphambili ekuhambiseni iziyobisi. Apha eMzantsi Afrika lo mbandela uye wafumana ukwaziwa kakhulu ngenxa yeqela labasetyhini abafunyaniswe baza bavalelwa entolongweni ngenxa yokuthubelezisa iziyobisi ezingenisa okanye ezikhupha kweli loMzantsi Afrika. Injongo yesi sifundo yayikukuqonda nzulu lo mkhwa wemeyile (isilwanyana sokuthwala) yeziyobisi nokuchaza izizathu zokuba ababhinqileyo babe ziimeyile zeziyobisi. Esi sifundo sijonge ukuqulunqa ubume bomntu obhinqileyo oyimeyile yeziyobisi okhe wavalelwa kwiintolongo zaseMzantsi Afrika, ngakumbi iKgoši Mampuru II kunye neJohannesburg Correctional Centre. Okunye okujongwe sesi sifundo kukufumanisa umngcipheko abakuwo abafazi abarhwebeshwayo basetyenziswe njengeemeyile zeziyobisi; kuchazwe izinto ezikhuthaza ukuba ubani abe yimeyile yeziyobisi; kufunyaniswe ukuba ukuthubelezisa iziyobisi kumchaphazela njani umthubelezisi/imeyile emphefumlweni nasemzimbeni; kubuye kufunyaniswe iindlela ezisetyenziswa zezi meyile zingabafazi ekuthubeleziseni iziyobisi. Kusetyenizswe indlela yophando eqwalasela amanani ukuze kufunyanwe ulwazi kwabo bathathe inxaxheba, kwenziwa nodliwano ndlebe lobuso ngobuso olungaqingqwanga ngqongqo. Isampulu yophando ibe ngamabanjwa abhinqileyo angama-20 ahlukeneyo navalelwe eKgoši Mampuru II naseJohannesburg Correctional Centre. Iinkcukacha zolwazi/idata ehlalutyiweyo iquka ezo nkcukacha zithathwe kwiimpendulo zemibuzo yodliwano ndlebe apho kuhlalutywe imixholo, kwafakwa iimpawu/iikhowudi zabuya zahlulahlulwa zaba ngamahlelo iinkcukacha zolwazi. Kucingwa ukuba olu phando luya kuba luncedo kwinkonzo yezobulungisa kuba okufunyanisiweyo nokucetyiswayo kunganceda ekuqulunqeni amanyathelo okuthintela nokuthibaza abaphuli mthetho ekusebenziseni abantu ababhinqileyo njengeemeyile zeziyobisi, kubabonise nabo abafazi ububi bokuba ziimeyile zeziyobisi. Uluntu ngokubanzi nalo luya kuncedakala kokufunyaniswe lolu phando. Esi sifundo siveze ukuqonda nzulu ngembali neemeko zobomi beemeyile zeziyobisi ezibhinqileyo. Olu lwazi lunganceda ukuba abantu baqonde ukuba kwenzeka kanjani ukuba abanye abantu babe semngciphekweni wokurhwebeshelwa ukusebenza njengeemeyile zeziyobisi, baqonde nokuba zintoni ezikhuthaza ubani ukuba azibandakanye nokuthubelezisa iziyobisi. Ngoko ke olu phando lunganceda ekwenzeni iinkqubo zokuqaphela kwangoko ubani oyimeyile, ezokufundisa nezokwazisa uluntu ukuze kuthintelwe imingcipheko enxulumene nothubeleziso lweziyobisi. / Seabe sa batho ba bomme mo kgwebong e e seng mo molaong ya diritibatsi se kwadilwe la ntlha dingwaga di feta 30 tse di fetileng, mme mo sebakeng se se ka nnang dingwaga di le 100, go nnile le dikgetse tse di lemogilweng tsa basadi ba ba eteletseng pele kgwebo e e seng mo molaong ya diritibatsi. Mo Aforikaborwa, ntlha eno e tlhageletse thata ka ntlha ya palo ya basadi ba ba tshwerweng le go golegwa ka ntlha ya go tsena gongwe go tswa ka diritibatsi ka tsela e e seng mo molaong mo Aforikaborwa. Maitlhomo a thutopatlisiso eno e ne e le go tlhaloganya thata ntlha ya basadi ba ba tsamaisang diritibatsi e seng ka fa molaong le go tlhalosa lebaka la gore goreng basadi ba ba tsamaisang diritibatsi e seng ka fa molaong ba nna le seabe mo go tsamaiseng diritibatsi jalo. Maikaelelo a thutopatlisiso ke go dira porofaele ya basadi ba ba tsamaisang diritibatsi ka tsela e e seng mo molaong, ba ba golegilweng kwa ditikwatikweng tsa kgopololo tsa Aforikaborwa, go totilwe Ditikwatikwe tsa Kgopololo tsa Kgosi Mampuru II le Johannesburg, go bona dintlha tsa matshosetsi a gore basadi ba ngokelwe go dirisiwa jaaka batsamaisi ba ba seng mo molaong ba diritibatsi; go tlhalosa gore batsamaisi ba ba seng mo molaong ba diritibatsi ba susumediwa ke eng gore ba nne le seabe mo go tsamaiseng diritibatsi ka tsela eo; go lebelela gore go tsamaisa diritibatsi go go seng mo molaong go amile jang motho yo o tsamaisang diritibatsi mo mmeleng le mo maikutlong; le go lebelela mekgwa e e dirisiwang ke batsamaisi ba diritibatsi ba basadi go tsamaisa diritibatsi ka tsela e e seng mo molaong. Go dirisitswe molebo wa patlisiso e e lebelelang mabaka go bona tshedimosetso go tswa go bannileseabe, ka tiriso ya dipotsolotso tse di batlileng di rulagana tsa batho bongwe ka bongwe. Sampole e dirilwe ka bagolegwa ba basadi ba ba farologaneng ba le 20 ba ba golegilweng kwa Ditikwatikweng tsa Kgopololo tsa Kgosi Mampuru II le Johannesburg. Data e e lokolotsweng e na le data e e gogilweng go tswa mo sejuleng ya dipotso tsa dipotsolotso mme e lokolotswe go ya ka morero, go khouta le go aroganya data ka dikarolo. Go solofelwa gore patlisiso eno e ka nna mosola mo tsamaisong ya bosiamisi jwa bosenyi ka ntlha ya fa diphitlhelelo le dikatlenegiso di ka thusa mo go tlhamiweng ga dikgato tsa thibelo go dira gore batlolamolao ba tshabe go dirisa basadi jaaka batho ba ba tsamaisang diritibatsi e seng mo molaong le go thibela basadi go nna batsamaisi ba diritibatsi ba ba seng mo molaong. Baagi le bona ba ka ungwelwa go tswa mo diphitlhelelong tsa patlisiso eno. Ka thutopatlisiso eno, go tlamelwa ka tshedimosetso e e boteng ya lemorago le seemo sa botshelo sa basadi ba ba tsamaisang diritibatsi e seng ka fa molaong. Seno se ka thusa baagi go tlhaloganya gore goreng batho bangwe ba le mo matshosetsing a go ka ngokelwa go tsamaisa diritibatsi ka tsela e e seng mo molaong gongwe ba rotloetsega go nna karolo ya go tsamaisa diritibatsi ka tsela eo. Ka ntlha ya seo, thutopatlisiso eno e ka thusa gore go tlhamiwe mananeo a temogo ya go sa le gale, thuto le temoso go fokotsa matshosetsi a a amanang le go tsamaisa diritibatsi e seng ka fa molaong. / Criminology and Security Science / M.A. (Criminal Justice)

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)

Money laundering involves activities which are aimed at concealing benefits that were acquired through criminal means for the purpose of making them appear legitimately acquired. Money laundering promotes criminal activities in South Africa because it allows criminals to keep the benefits that they acquired through their criminal activities. It takes place through a variety of schemes which include the use of banks. In this sense money laundering control is based on the premise that banks must be protected from providing criminals with the means to launder the benefits of their criminal activities. The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s anti-money laundering regime. Like its international counterparts FICA imposes onerous duties on banks seeing that they are most often used by criminals as conduits to launder the benefits of crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the idiosyncrasies of the South African anti-money laundering regime and forwards recommendations aimed at improving its structure. To this end nine issues in relation to money laundering control and banks are investigated. The investigation fundamentally reveals that money laundering control holds unforeseen consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example, the filing of a suspicious transaction report. However, if the bank files a suspicious transaction report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank parted with the benefits of fraud or theft whilst suspecting that the account holder may not be entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover loss suffered at the hand of the fraudster or thief from the bank. Ultimately, this study illustrates that amendment of some of the provisions of South Africa’s anti-money laundering legislation should enable banks to manage the aforementioned and other unforeseen consequences of money laundering control whilst at the same time contribute to the South African anti-money laundering effort. / Criminal and Procedural Law / Mercantile Law / LL.D.

The word 'marijuana' was introduced to Australia by the US Bureau of Narcotics via the Diggers newspaper, Smith's Weekly, in 1938. Marijuana was said to be 'a new drug that maddens victims' and it was sensationally described as an 'evil sex drug'. The resulting tabloid furore saw the plant cannabis sativa banned in Australia, even though cannabis had been a well-known and widely used drug in Australia for many decades. In 1964, a massive infestation of wild cannabis was found growing along a stretch of the Hunter River between Singleton and Maitland in New South Wales. The explosion in Australian marijuana use began there. It was fuelled after 1967 by US soldiers on rest and recreation leave from Vietnam. It was the Baby-Boomer young who were turning on. Pot smoking was overwhelmingly associated with the generation born in the decade after the Second World War. As the conflict over the Vietnam War raged in Australia, it provoked intense generational conflict between the Baby-Boomers and older generations. Just as in the US, pot was adopted by Australian Baby-Boomers as their symbol; and, as in the US, the attack on pot users served as code for an attack on the young, the Left, and the alternative. In 1976, the 'War on Drugs' began in earnest in Australia with paramilitary attacks on the hippie colonies at Cedar Bay in Queensland and Tuntable Falls in New South Wales. It was a time of increasing US style prohibition characterised by 'tough-on-drugs' right-wing rhetoric, police crackdowns, numerous murders, and a marijuana drought followed quickly by a heroin plague; in short by a massive worsening of 'the drug problem'. During this decade, organised crime moved into the pot scene and the price of pot skyrocketed, reaching $450 an ounce in 1988. Thanks to the Americanisation of drugs policy, the black market made 'a killing'. In Marijuana Australiana I argue that the 'War on Drugs' developed -- not for health reasons -- but for reasons of social control; as a domestic counter-revolution against the Whitlamite, Baby-Boomer generation by older Nixonite Drug War warriors like Queensland Premier, Bjelke-Petersen. It was a misuse of drugs policy which greatly worsened drug problems, bringing with it American-style organised crime. As the subtitle suggests, Marijuana Australiana relies significantly on 'alternative' sources, and I trawl the waters of popular culture, looking for songs, posters, comics and underground magazines to produce an 'underground' history of cannabis in Australia. This 'pop' approach is balanced with a hard-edged, quantitative analysis of the size of the marijuana market, the movement of price, and the seizure figures in the section called 'History By Numbers'. As Alfred McCoy notes, we need to understand drugs as commodities. It is only through a detailed understanding of the drug trade that the deeper secrets of this underground world can be revealed. In this section, I present an economic history of the cannabis market and formulate three laws of the market.

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)

Money laundering involves activities which are aimed at concealing benefits that were acquired through criminal means for the purpose of making them appear legitimately acquired. Money laundering promotes criminal activities in South Africa because it allows criminals to keep the benefits that they acquired through their criminal activities. It takes place through a variety of schemes which include the use of banks. In this sense money laundering control is based on the premise that banks must be protected from providing criminals with the means to launder the benefits of their criminal activities. The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s anti-money laundering regime. Like its international counterparts FICA imposes onerous duties on banks seeing that they are most often used by criminals as conduits to launder the benefits of crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the idiosyncrasies of the South African anti-money laundering regime and forwards recommendations aimed at improving its structure. To this end nine issues in relation to money laundering control and banks are investigated. The investigation fundamentally reveals that money laundering control holds unforeseen consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example, the filing of a suspicious transaction report. However, if the bank files a suspicious transaction report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank parted with the benefits of fraud or theft whilst suspecting that the account holder may not be entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover loss suffered at the hand of the fraudster or thief from the bank. Ultimately, this study illustrates that amendment of some of the provisions of South Africa’s anti-money laundering legislation should enable banks to manage the aforementioned and other unforeseen consequences of money laundering control whilst at the same time contribute to the South African anti-money laundering effort. / Criminal and Procedural Law / Mercantile Law / LL.D.