Scielo RSS <![CDATA[SA Crime Quarterly]]> http://www.scielo.org.za/rss.php?pid=1991-387720180002&lang=en vol. num. 64 lang. en <![CDATA[SciELO Logo]]> http://www.scielo.org.za/img/en/fbpelogp.gif http://www.scielo.org.za <![CDATA[<b>Governance and justice: Southern edition</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772018000200001&lng=en&nrm=iso&tlng=en <![CDATA[<b>Policing for impact. Is South Africa ready for evidence-based policing?</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772018000200002&lng=en&nrm=iso&tlng=en For decades, the prospect that research can improve the impact of policing operations and foster internal organisational efficiencies has been a source of promise and frustration. It may seem obvious to many that research should be able to assist with better policing strategies and tactics by providing evidence as to what does or does not work. Realising this potential, however, is not straightforward. This article reflects on evidence-based policing (EBP) and its challenges, as discussed at a workshop between the South African Police Service's first ever National Research Division, the Institute for Security Studies, and academic and policing organisations based in the United Kingdom. <![CDATA[<b>Modest beginnings, high hopes. The Western Cape Police Ombudsman</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772018000200003&lng=en&nrm=iso&tlng=en In 2013 the Western Cape legislature passed the Western Cape Community Safety Act (WCCSA) to improve monitoring of and oversight over the police. One creation of the WCCSA is the Western Cape Police Ombudsman, which became operational in 2015. This article reviews its history and context, as well as results from its first year. The Police Ombudsman, the only one in the country, must be seen as one of the results of efforts by the opposition-held province to carve out more powers in the narrowly defined constitutional space, and in so doing to exercise more effective oversight and monitoring of police performance, and improve police-community relations. The Ombudsman must also be seen against the backdrop of poor police-community relations in Cape Town and the subsequent establishment of a provincial commission of inquiry into the problem, a move that was opposed by the national government, contesting its constitutionality. Results from the Ombudsman's first 18 months in operation are modest, but there are promising signs. Nonetheless, the office is small and it did not do itself any favours by not complying with its legally mandated reporting requirements. <![CDATA[<b>Unpacking discontent. Where and why protest happens in South Africa</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772018000200004&lng=en&nrm=iso&tlng=en High levels of socio-economic dissatisfaction, persistent service delivery issues and increased political contestation necessitate closer monitoring of protest action. This article focuses on where and why protests happen. The findings draw on data collected by the Institute for Security Studies through its Protest and Public Violence Monitor (PPVM). Unlike other reporting systems, which tend to focus on specific types of protest, the PPVM seeks to provide comprehensive coverage and mapping of all forms of protest, including industrial strike action as well as political and group conflict. The findings highlight the wide-ranging nature of protests and illustrate how patterns of protests form over time in specific places. The article concludes by reflecting on how research into protest should not limit itself in scope. The ultimate aim of the research should be to inform the development of more appropriate responses by various role players to prevent violence and to encourage peaceful protests. <![CDATA[<b>Third time a charm? The Traditional Courts Bill 2017</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772018000200005&lng=en&nrm=iso&tlng=en This article discusses the latest version of the Traditional Courts Bill introduced by Parliament in 2017. It examines several fundamental objections to previous versions of the Bill to explain the progress that has thus far been made. In a much-welcomed improvement, the 2017 Bill provides a mechanism for individuals to opt out of the traditional justice system. Nonetheless, the recognition of the old apartheid homeland boundaries is perpetuated, as only courts convened by a traditional leader, whose power and jurisdiction are based on the old tribal boundaries, are recognised. A notable change is that there are no longer appeals to the magistrates' courts. Parties may appeal a decision to a higher customary court or apply for a review of a decision to the high court. This calls into question the accessibility and affordability of appeals, and essentially locks people into the traditional justice system after the commencement of proceedings. The bar on legal representation continues under the 2017 Bill, which remains objectionable given that traditional courts may still deal with criminal matters. However, the powers of traditional courts in granting sanctions have been significantly circumscribed and regulated. Thus, while the 2017 Bill represents a significant development of previous versions of the Bill, there is still room for improvement. <![CDATA[<b>Randomised household surveys: challenges and considerations. An interview with Ncedo Ntsasa Mngqibisa and Guy Lamb</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772018000200006&lng=en&nrm=iso&tlng=en This article discusses the latest version of the Traditional Courts Bill introduced by Parliament in 2017. It examines several fundamental objections to previous versions of the Bill to explain the progress that has thus far been made. In a much-welcomed improvement, the 2017 Bill provides a mechanism for individuals to opt out of the traditional justice system. Nonetheless, the recognition of the old apartheid homeland boundaries is perpetuated, as only courts convened by a traditional leader, whose power and jurisdiction are based on the old tribal boundaries, are recognised. A notable change is that there are no longer appeals to the magistrates' courts. Parties may appeal a decision to a higher customary court or apply for a review of a decision to the high court. This calls into question the accessibility and affordability of appeals, and essentially locks people into the traditional justice system after the commencement of proceedings. The bar on legal representation continues under the 2017 Bill, which remains objectionable given that traditional courts may still deal with criminal matters. However, the powers of traditional courts in granting sanctions have been significantly circumscribed and regulated. Thus, while the 2017 Bill represents a significant development of previous versions of the Bill, there is still room for improvement. <![CDATA[<b>Andrew Faull and Sindiso Mnisi Weeks</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772018000200007&lng=en&nrm=iso&tlng=en 'Don't judge a book by its cover,' as the saying goes. At first glance, a book about the working lives and professional identities of members of the South African Police Service (SAPS) might seem to have little in common with a study of the role of 'traditional' forums in securing access to justice and human security. What does a conventional ethnography of the police - constitutionally mandated state agents and gatekeepers to the criminal justice system - share with groundbreaking work on informal bodies with uncertain legal status and only loose connections with mainstream institutions? A more careful reading of these two fascinating new books suggests that, on closer inspection, they are concerned with similar questions, albeit posed and answered in rather different ways. Both books have much to tell us not just about how individuals and institutions respond to troublesome behaviour but also about why some problems and disputes (but not others) come to be defined as crime and dealt with by the state, its police and the formal structures of criminal justice.