Scielo RSS <![CDATA[SA Crime Quarterly]]> http://www.scielo.org.za/rss.php?pid=1991-387720170001&lang=pt vol. num. 59 lang. pt <![CDATA[SciELO Logo]]> http://www.scielo.org.za/img/en/fbpelogp.gif http://www.scielo.org.za <![CDATA[<b>More data mean better tools for South Africa</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772017000100001&lng=pt&nrm=iso&tlng=pt <![CDATA[<b>Aluta continua: Police accountability and the Domestic Violence Act 1998</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772017000100002&lng=pt&nrm=iso&tlng=pt In 1998, in an attempt to undo the long-standing neglect of domestic violence, legislators placed a set of duties on the police in relation to domestic violence, and coupled these with a unique system of accountability relations and practices. This article examines the effect of these in three ways: a review, both of complaints of misconduct and of the station audits conducted in terms of the Domestic Violence Act's prescripts, and analysis of the workings of the act's accountability mechanisms over time. These show the act's system of accountability to have had some success in making domestic violence a policing priority, but only after a number of years of interaction across the domains of the political, legal, bureaucratic and social. Accountability has revealed itself to be a contingent outcome and practice that takes different forms at different times. It also remains an ambivalent undertaking in relation to domestic violence. While answers may be demanded of the police, oversight of these responses is lodged with an agency possessing limited capacity and weak institutional authority. <![CDATA[<b><i>Barnard v Minister of Justice: </i>the minister's verdict. Deciding on parole for offenders serving life sentences</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772017000100003&lng=pt&nrm=iso&tlng=pt Granting parole to offenders serving life sentences has raised questions in public and political discourse. This contribution evaluates the discretion of the minister to decline parole under Section 78(2) of the Correctional Services Amendment Act 25 of 2008 (CSAA). It examines the drafting history of Section 78(2) of the CSAA, evaluates the full extent of the ministerial powers, and reviews its recent application in Barnard v Minister of Justice, Constitutional Development & Correctional Services and Another. It argues that ministerial discretion to refuse parole needs to be re-examined in the wake of that decision, and recommends elements for inclusion in the minister's decision to refuse parole. <![CDATA[<b>Location, location, location: The settling of organised crime in Bedfordview</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772017000100004&lng=pt&nrm=iso&tlng=pt Why do 'crime bosses' settle in one place and not another? It is an intriguing and under-researched question, and not much has been written about it. In South Africa a cluster of individuals associated with organised crime moved into, or were associated with, a particular suburb: Bedfordview, south-east of Johannesburg. The most notorious was Radovan Krejcir, but he plugged into an established network of individuals with links to the underworld. This article, based on interviews with people close to high-level crime figures or in political or civic leadership roles in Bedfordview, explores why this neighbourhood in particular was chosen. Our analysis suggests that a range of factors coalesced to make Bedfordview, an upper-class, predominantly white neighbourhood, attractive to organised crime figures. These include pull factors linked to geography, lifestyle, ethnicity and infrastructure that combined in a way that was unique in Johannesburg. Significantly, these were associated with a set of push factors that reflect changes in wider urban development and the upward (and geographic) mobility of a set of 'businessmen' linked to grey or illegal markets in the city. <![CDATA[<b>Violence and injury observatories: Reducing the burden of injury in high-risk communities</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772017000100005&lng=pt&nrm=iso&tlng=pt Violence has been recognised officially as a global health issue, with the World Health Organization (WHO) reporting that 1.6 million people die annually from violence. South Africa's injury burden is very high, particularly for homicide, which is six times the global average. The idea of an Observatory' has expanded recently, from its origins in astronomy to that of specialised informational repositories and knowledge-building centres, housing cross-referenced databases with advanced analytic and research capacities. This review essay provides information regarding the conceptual framework, historical background and various components of the violence observatory model, as well as evidence of effect. The intention is to provide information to stakeholders within the safety and security cluster by increasing awareness of the observatory models' application in high violence and injury settings such as South Africa. <![CDATA[<b>The constitutionality of detaining persons unfit to stand trial: <i>De Vos NO v Minister of Justice and Constitutional Development</i></b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772017000100006&lng=pt&nrm=iso&tlng=pt Section 35 of the Constitution protects an accused's right to a fair trial. In order for an accused to make a substantial defence, both his physical and his mental presence is required in court. The incapacity of an accused person to understand criminal proceedings in a court will affect his right to a fair trial. Section 77 of the Criminal Procedure Act 51 of 1977 deals with the treatment of persons who are unable to stand trial because they suffer from a mental illness. In a recent Constitutional Court decision, the constitutionality of Section 77 was challenged by two accused persons who were incapable of understanding trial proceedings as result of the mental illnesses from which they suffered. The section was found to infringe an accused's right to freedom and security of the person. In the note that follows, the Constitutional Court decision of De Vos NO v Minister of Justice and Constitutional Development 2015 (1) SACR 18 (WCC) and (CCT 150/14) [2015] ZACC 21, pertaining to the Section 77 right of an accused, is discussed and analysed. <![CDATA[<b>Interview with Lieutenant General Gary Kruser, Deputy National Commissioner, South African Police Service</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772017000100007&lng=pt&nrm=iso&tlng=pt Section 35 of the Constitution protects an accused's right to a fair trial. In order for an accused to make a substantial defence, both his physical and his mental presence is required in court. The incapacity of an accused person to understand criminal proceedings in a court will affect his right to a fair trial. Section 77 of the Criminal Procedure Act 51 of 1977 deals with the treatment of persons who are unable to stand trial because they suffer from a mental illness. In a recent Constitutional Court decision, the constitutionality of Section 77 was challenged by two accused persons who were incapable of understanding trial proceedings as result of the mental illnesses from which they suffered. The section was found to infringe an accused's right to freedom and security of the person. In the note that follows, the Constitutional Court decision of De Vos NO v Minister of Justice and Constitutional Development 2015 (1) SACR 18 (WCC) and (CCT 150/14) [2015] ZACC 21, pertaining to the Section 77 right of an accused, is discussed and analysed.