OpenUCT :: Browsing by Author "Van Der Spuy, Elrena"

Browsing by Author "Van Der Spuy, Elrena"

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Open Access
Analysis on the Administration and Governance of the South African Case Docket
(2018) Moonsamy, Kameshwhri; Van Der Spuy, Elrena
The minor dissertation is a desktop literature study on the debates and research on the matter of docket management and administration in South Africa. The purpose of the minor dissertation is to understand the latest developments and trends that have transformed the administration and governance of case dockets globally and particularly in South Africa. A compendium of literature including governmental reports, scholarly journal articles and newspaper reports were utilised as the basis for this minor dissertation. The limitation to this study is primarily the paucity of South African literature on the subject matter as well as data gaps in empirical research. Effective case management has been the focal point for courts facing burgeoning bottlenecks throughout the world. Hence, techniques such as case screening or docket control, judicial intervention, attorney and advocate support, specialisation of courts and the integration of Information and Communications Technology (ICT) have been employed globally to expedite case flow. This research paper will draw on global paradigms and world’s best practices for case docket management from North America, Europe and Namibia. Thereafter the research turns to administrative reform from a South African perspective; what will be examined is the transition from policing practices under the apartheid regime to case docket management under the constitutional dispensation of democratic governance. As part of an Integrated Justice System (IJS) strategy, South African policymakers have drawn from the pool of experience by adopting ICT projects within the Criminal Justice System (CJS), primarily giving rise to the electronic or e-Docket system. The e-Docket system, which is said to take up to at least 10 to 20 years to fully implement, faces its own hurdles and dilemmas, not least as a result of police officials preferring the old traditional paper-based dossiers, thereby resisting the technological movement. In addition to the e-Docket system, the CJS has reeled in principles from the private sector such as outsourcing and New Public Management (NPM) philosophies in order to effectively regulate docket management as well as accelerate court processes. The research problem, which is twofold, first aims at examining case docket reform ie how case dockets have transitioned from the apartheid era to the constitutional dispensation and whether or not this has been effective. This issue will be answered in Chapter Two, in which case chronology will be discussed. The second concerns the adoption and implementation of techniques borrowed from the West, such as the implementation of ICT projects and the success of first world systems in a country like South Africa with a turbulent socio-economic background. This problem will be addressed in Chapters Two and Three in which the eDocket will be introduced and critically examined against South Africa’s CJS strategies. Arguably, the adoption and implementation of Western ideologies and first world best practices in South Africa may not be feasible given the current landscape of constrained and limited resources, both financial and in the field of human capital. Additionally, the climate is further exacerbated by low levels of computer literacy and an overall scarcity of skilled and knowledgeable workers required to operate sophisticated ICT systems. Until the e-Docket system is fully implemented and effectively operational, the labour intensive paper-based dockets will continue to bear negative ramifications including mismanagement: ie negligent docket handling, lost or stolen dockets and the practice of bartering dockets in exchange for gratuities. The latter provides a host of repercussions for the interests of stakeholders including egregious violations of fundamental human rights. The aim of this research is to understand the rationale behind maladministration and ineffective governance of dockets in the democratic era, as well as the effect it has on stakeholders. The research provides recommendations in which the administration of dockets may be adequately regulated. Therefore, police dockets represent much more than a kneejerk reaction to crime; dockets regulate the entry points into the criminal justice system pipeline. South Africa needs to invest in its greatest asset of all − its human capital, by developing and equipping its people to embrace the technological revolution. Have we sunk our heels in too far into the ‘splendor’ of Western ideologies of technology and privatisation or is it time that South African leadership adopts accountability and charters a course with an authentic framework best suited for South African problems?
Open Access
Danger and death: organisational and occupational responses to the murder of police in South Africa - a case study
(2018) Perkins, Gráinne; Van Der Spuy, Elrena; Moult, Kelley
Danger has long been assumed a critical feature of the occupational identity of police officials. Much of the scholarly literature on the topic has been dominated by research originating in Europe and the United States. This study draws inspiration from the literature of the global North but investigates danger and death in a Southern locality. South Africa provides a case study for an exploration of danger and death as perceived, experienced and acted upon by a police institution with long-standing paramilitary origins and one that continues to confront high rates of violent crime in contemporary South Africa. In comparative terms South Africa continues to exhibit high rates of police homicide. Research into the context within which such homicides occur, the associative factors that accompany danger and death and the impact thereof on subcultural identity and operational responses remain under-investigated. This thesis attempts to fill this gap by examining how danger and death are perceived, experienced and acted upon by police officials across three units in a police station located in an urban settlement situated on the fringe of Cape Town. The inquiry draws on the conceptual work of Michel Foucault, Pierre Bourdieu and Theodore Sarbin, and utilises both quantitative and qualitative research methods. An analysis of investigative files of police murders in the Western Cape combined with observation of memorial services and extensive participant observation of three police units in a high-crime area of urban settlement, yielded rich data. The research concludes that police construct danger as much as danger, as an objective reality, shapes the police’s experience of danger and their responses to danger. Danger can be said to have both an objective and subjective reality – it is at once constituted and constitutive. The findings illustrate that danger is given material effect through risk reduction strategies; that danger is dramatised through its memorialisation and that danger is normalised and routinised in everyday police practices. Responses to danger and police murder vary from formal or organisational to informal or occupational responses. The relationship between organisational (formal) responses and occupational (informal) responses is complex - there is evidence of both overlap and contradiction to be found in that relationship.
Open Access
Fuelling the Fire: The effects of Instagram discourse about farm attacks on levels of fear of crime and victimisation
(2023) Matai, Dhiya; Van Der Spuy, Elrena; Kinnes Irvin
Farm attacks are a contentious issue in South African crime discourse. 1 Despite having similar characteristics to home invasions or hijackings in urban areas, popular and academic narratives around farm attacks are woven with broader concerns relating to identity politics, land restitution, minority rights, ethnic solidarity, and labour relations.2 This type of crime seems to exist at the intersection of competing claims and contentions in rural spaces that have struggled to keep pace with the transformation process in the post-Apartheid context.3 While there is little evidence to suggest that farm attacks are politically motivated, discourse (especially in the media) can often paint the problem as a profoundly political one. The discrepancy between the realities of the cases and the popular interpretation of the issue shows us that there is a particular way in which stories about these attacks are being told that imbues them with further meaning. In this study, I analysed how farm attacks are constructed on Instagram accounts that post about rural crime and agricultural issues. These accounts report to a younger generation of mainly white South Africans who are concerned about these attacks; the accounts thus have the power to control the narratives and construct meanings and understandings of the crime. By using a qualitative methodology and content analysis, I dissected over ninety posts to examine whether these accounts were feeding into the fear of crime and victimisation in relation to farm attacks. The research showed that by posting certain graphic images and incendiary language, Instagram accounts are partially responsible for adding fuel to the fire around farm attacks. I argue that these accounts are ultimately counter-productive in gaining attention for victims of these crimes because of the divisive and hostile ways in which they engage the issue. Rural safety needs to be taken seriously, and for this to happen, the narratives need to be divested of the racism and vitriol that so often features in discussions about farm attacks.
Open Access
Imagining ‘possible selves’ as an intervention strategy for incarcerated youth
(2019) Fernan, Tess; Van Der Spuy, Elrena
This minor dissertation involves exploratory research by way of in-depth qualitative interviews with two past juvenile offenders exploring the idea of 'possible selves’ as an intervention strategy for incarcerated youth. The participants share experiences of their own incarceration as juveniles as well as insights gained through their recent working experience with incarcerated youth. This study concerns itself with risk and resilience factors relating to offending behaviour. It is acknowledged that there has been a recent shift in criminological debates with a greater focus on primary prevention efforts in building resilience to anti-social behaviour in a child’s formative years. However, the current study is focused on secondary prevention efforts with a specific focus on incarcerated youth. The well-developed body of work on risk factors is consulted which determines criminal victimisation, family violence, school violence, structural violence in the form of poverty and institutional violence in the form of incarceration as key factors which may contribute to offending behaviour. Acknowledging that the attention to date has largely focused on what past factors may influence or contribute to a criminal trajectory, this study shifts the focus to the idea of 'possible selves’ and the potential that future expectations, fears and hopes can have on preventing further offending behaviour. 'Possible selves’ is a social-psychological construct initially devised by Markus and Nurius in 1986. It is largely an under-developed area of research with only a few key studies undertaken and limited application to delinquent and incarcerated youth. Findings have however indicated that 'possible selves’ do have the ability to influence present and future behaviour, particularly when balance (i.e. goals and fears are developed in the same life domain) and feasible strategies to achieve desired selves and avoid feared selves are developed. Youth offending in the South African context is reviewed to explore the current climate and determine the extent of current interventions focusing on the re-integration of incarcerated youth offenders both during and post-release. The empirical component of this study produced findings across five key themes being risk factors present prior to incarceration, the nature of possible selves of incarcerated youth, the impact of incarceration, possible selves are limited by context and the self and implications for practice of a 'possible selves’ intervention.
Open Access
In the Shadow of the ‘Big House' Redefining halfway houses within the debate over incarceration
(2023) May, Andrew; Van Der Spuy, Elrena
Incarceration is a paradox. It creates an artificial convergence of intense and opposing social forces. Prison dominates every aspect of an inmate's life under the auspices of preparing them for a chaotic transition to a society governed by flexibility and choice. Somehow control and conformity are expected to prepare inmates to re-join communities with neither of these characteristics. While prison has the stated goal of rehabilitation, it has always been a barrier for inmates seeking to build new lives for themselves. Meaningful restoration demands a different institutional setting. In the 19th century, pre-release residential programmes, also known as ‘halfway houses', were created to deal with the challenges of prisoner integration. These rehabilitation programmes for ex-prisoners attempted to bridge the gap between rigid institutions and a world that confronts ex-prisoners with an overwhelming array of decisions and responsibilities. This thesis surveys the trauma of incarceration before exploring the potential for halfway houses. In an environment where rehabilitation or training programmes are increasingly specialised, halfway houses are attempting a holistic programme. While they may fail in their mandate, these residential programmes at least recognise the difficulties in overcoming carceral trauma. This thesis will use South Africa's halfway houses and some comparative international data to study prisoners' struggle to integrate into a hostile society and the institutions that guide them. What does it mean to be ‘halfway' inside a total institution? Ex-prisoners are caught between two worlds, and halfway houses inhabit this place of conflict. This thesis will situate halfway houses within the larger theoretical debate between punishment and rehabilitation, and then propose several reform initiatives that will better utilise their potential. The first four chapters represent the weight of incarceration on our sociopolitical landscape and the prisoners' lives. Erving Goffman's concept of “total institutions” is foundational to these chapters, because it is impossible to understand rehabilitation without contending with the institutional deadweight of incarceration. The last four chapters present my ethnographic research into four South African case studies, and explore the theoretical and practical implications for halfway houses within the Department of Correctional Services. Incarceration will always resist reform, but it is possible to pry inmates away from its grip if there is an alternate institutional context. This thesis is about narrowing the frame of reference to a small institutional setting. Innovation and reform are not possible until the lived experience of prisoners has been revealed. Halfway houses are small-scale initiatives on the periphery of the criminal justice system, which is exactly why they are an ideal context for reform.
Open Access
Police reform in Africa:theory, policy and practice in the making?'
(2007) Van Der Spuy, Elrena
The nature of police agencies on the payroll of the state in Africa remains illresearched and by implication ill-understood. An Africa-wide police studies is still to be developed, although recent contributions are beginning to set instructive examples to those eager to participate. In search of more details regarding police reform, how it is conceptualised on the one hand, and practised on the other, this paper engages with the substantive deliberations of five workshops on police reform which took place in a number of locations in Africa between June 2006 and May 2007. Each of the five workshops is subjected to interpretative reading and comparative analysis. The aim is to highlight the kinds of issues around which discussion on police in Africa have been taking place. Each of the deliberations yields some insight into the state of the public police in Africa; the policy frameworks in terms of which police reform is articulated; the perceived opportunities for reform; the strategies devised by social actors; and the range of obstacles which reform interventions confront. In the concluding section, the challenges confronting the development of an African police studies are very briefly considered.
Open Access
A silent sin?: An investigation into the provision of community based non-governmental support services for male victims of sexual violence in South Africa
(2017) Petrovic, Vanja; Van Der Spuy, Elrena; Moult, Kelley
This minor dissertation examines the status quo of services provision by community based victim support services for male victims of sexual violence in South Africa. Given the scale of gender-based violence in South Africa it comes as no surprise that research and debates around sexual violence have predominately focused on women as victims and men as perpetrators. In this minor dissertation the neglect of men as potential and actual victims of sexual violence are problematized. In the discussion I explore the issues at stake, assess the status of male victims and investigate the kinds of services available to sexually violated men in the country. The research methods utilised include the following: a review of the international and national academic literature regarding male sexual victimisation; a review of relevant legislation and policies in South Africa; a review of media coverage on male rape and male sexual victimisation; content analysis of community based service providers' web sites and interviews with service providers. Despite the tendency to use gender neutral language in some official discourses (legislation, policy documents or service providers' official presentations and communications) to stipulate that everyone can be a victim of sexual violence irrespective of gender, male victims remain hidden from view. The interviews, however, showed a sound acknowledgement within the service providers that male sexual violence is a problem in the country that has to be taken seriously and acted upon. Services are available to men, but the design, delivery of services and training of professionals working with male victims differ from organisation to organisation. The visibility of those services, however, remains a question. By way of conclusion a list of recommendations for more effective service delivery to male victims of sexual violence is provided, which highlight the need for more 1) advocacy and awareness raising, 2) more evidence-based research, 3) funding), 4) training of professionals working with survivors of sexual violence and 5) cooperation between stakeholders.
Open Access
The Numbers Gang in South African Correctional Facilities: Reflections on Structures, Functions and Culture
(2022) Veloen, Heinrich; Van Der Spuy, Elrena
Prison gangs stand in a complex relationship to carceral institutions. At one level gangs on the inside of prison walls constitute a reactive and adaptive response to prisons as ‘total institutions'. But in turn, prison gangs have a formative influence on life inside the ‘total institution' – both for inmates and for prison authorities. The presence of an elaborate network of members of the so-called Numbers Gang is a well-known phenomenon in South African correctional facilities or prisons in short. The existence of the Numbers is widely associated with ongoing patterns of conflict and violence in South African prisons – between inmates and warders, between inmates, as well as between rival prison gangs. Whilst engaging the ‘problems' associated with the Numbers gang is central, rather than peripheral, to managing South African prisons according to constitutional guidelines, the Department of Correctional Services is yet to rise to the policy challenges. Substantive engagement with that policy challenge is in turn dependent on good research. This dissertation hopes to make a small contribution to that larger quest for understanding the social logic of prison gangs. This research sets out to investigate key facets of the Numbers gang in South African prisons. Drawing on my own experience of 26 years as a warden in Pollsmoor Prison in Tokai, Cape Town and on the relatively abundant academic literature on these gangs, and finally on face-to-face interviews with twenty former Pollsmoor inmates, I attempt to present an up-to-date account of the legends, the structure and operation of these gangs. This account explores the evolution of the Numbers gang; key initiation practices through which arrivals are integrated; the quasi-military command and rank structures of the three Numbers' divisions; the role and function of Sabela as a medium of communication, and the meaning of tattoos as a source of gang identification and cohesion. This account yields insights into the form, content, and impact of gangs in South African prisons. This dissertation confirms the major findings of the available literature while supplementing it with reference to contemporary developments. In particular, the dissertation draws on interviews with former Pollsmoor inmates to analyse the relationships between the Numbers Gang as a prison phenomenon, and the growing link with street gangs on the outside. Finally, the dissertation emphasises the urgency for the Department of Correctional Services to develop, refine and implement a national gang combat strategy duly informed by substantive research evidence.
Open Access
The role and impact of CCTV operators in contributing to efficient crime prevention: a case study of surveillance operators within the City of Cape Town
(2024) Papale, Phelimon; Van Der Spuy, Elrena
It is widely recognised that technology has become a critical tool in the business of crime control and prevention. The main purposes of closed-circuit television (CCTV are the detection and deterrence of crime in pursuit of public safety and security. Highways, shopping centres, workplaces, and public transportation systems are all frequent sites for CCTV surveillance. However, studies have consistently fallen short in examining the role and responsibilities of CCTV operators in attempts to detect and deter crime via surveillance systems. Any assertions concerning the overall effectiveness of CCTV cameras, especially when doing proactive real time monitoring, depend on how the cameras are operated, controlled, and monitored by human agents. This minor dissertation explores the views and experiences of CCTV operators regarding their role and functions in contributing to crime detection and prevention. The research explored the routine responsibilities of operators, how they perceive their role in the quest for community safety and the challenges related to their work environment. Utilising a qualitative research approach, face-to-face interviews were held with a sample of 15 CCTV operators from the City of Cape Town CCTV Control Centres. Thematic analysis guided data analysis. The findings revealed that most CCVT operators understood their role as monitoring and detecting unlawful actions and, in doing so, enhancing community safety. Such actions are performed through live recordings, proactive monitoring, and reacting to identified safety threats. Several occupational challenges impacting their everyday work were identified. These included technical and social challenges related to the work of CCTV operators, as well as poor relations with the South African Police Service. By way of conclusion, some recommendations are offered to improve the working environment of CCTV operators and address cognitive challenges.
Open Access
The role and impact of CCTV operators in contributing to efficient crime prevention: A case study of surveillance operators within the City of Cape Town
(2024) Papale, Phelimon; Van Der Spuy, Elrena
It is widely recognised that technology has become a critical tool in the business of crime control and prevention. The main purposes of closed-circuit television (CCTV are the detection and deterrence of crime in pursuit of public safety and security. Highways, shopping centres, workplaces, and public transportation systems are all frequent sites for CCTV surveillance. However, studies have consistently fallen short in examining the role and responsibilities of CCTV operators in attempts to detect and deter crime via surveillance systems. Any assertions concerning the overall effectiveness of CCTV cameras, especially when doing proactive realtime monitoring, depend on how the cameras are operated, controlled, and monitored by human agents. This minor dissertation explores the views and experiences of CCTV operators regarding their role and functions in contributing to crime detection and prevention. The research explored the routine responsibilities of operators, how they perceive their role in the quest for community safety and the challenges related to their work environment. Utilising a qualitative research approach, face-to-face interviews were held with a sample of 15 CCTV operators from the City of Cape Town CCTV Control Centres. Thematic analysis guided data analysis. The findings revealed that most CCVT operators understood their role as monitoring and detecting unlawful actions and, in doing so, enhancing community safety. Such actions are performed through live recordings, proactive monitoring, and reacting to identified safety threats. Several occupational challenges impacting their everyday work were identified. These included technical and social challenges related to the work of CCTV operators, as well as poor relations with the South African Police Service. By way of conclusion, some recommendations are offered to improve the working environment of CCTV operators and address cognitive challenges.
Open Access
The South African bread cartel: a single case study exploring the scope for responsive regulation of white-collar crime in a developing country
(2024) Patel, Varsha; Van Der Spuy, Elrena
Criminology traditionally focused on street crimes. In 1939, Sutherland introduced the concept of white-collar crime, which encouraged criminologists to turn their attention to crimes of the rich and powerful. In particular, Australian researcher John Braithwaite has produced a large body of work on white-collar crime. Braithwaite is critical of the professionalisation of criminology that marginalises the community from regulatory activities. Braithwaite argues that the business and community sectors should play a more significant role in regulating white collar crime within conventional justice systems. According to Braithwaite, community activists and industry watchdogs can play a role in holding white-collar criminals accountable and possibly elicit restorative overtures for victims. Braithwaite acknowledges that his model is ideally suited to a developed state with the financial resources and skills to establish and oversee alternative processes. However, he suggests that his model can be adapted to developing spaces by leveraging the capacity embedded in business and community sectors and augmenting deficiencies by partnering with international groups. Recently, the actions of a whistle-blower, supported by civil society mobilisation, exposed the South African Bread Cartel and led to hefty fines for the cartelists, legislative amendments and the development of class action jurisprudence. The bread cartel case demonstrates how communities can contribute to regulating cartels. This dissertation is a single case study of the bread cartel that investigates whether responsive regulation finds resonance in South Africa. Several semi-structured, in depth interviews were conducted. The data was analysed thematically and explored themes like industry bodies, community activism and restorative justice. The findings are surprising. The success of the South African Bread Cartel seems almost accidental. The relationships between and the normative values of the state, business and community sectors appear to influence the scope for responsive regulation. In addition to capacity constraints across sectors, contextual factors like historical legacies and the size and shape of the economy may determine the scope for responsive regulation of white-collar crime in a developing country like South Africa. Such findings provide a map to guide future research.

Browsing by Author "Van Der Spuy, Elrena"

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