OpenUCT :: Browsing by Subject "Criminology, Law and Society"

Browsing by Subject "Criminology, Law and Society"

Now showing 1 - 15 of 15

Open Access
A Priority Crime that is not a Priority? The Illegal Cigarette Trade: A Case Study of Mowbray
(2019) McLaggan, Michael Taylor; Moult, Kelley
Objective: To determine how prevalent the illegal trade in cigarettes is in Mowbray, whether buyers thereof are aware of the illegal nature of their purchases, and whether they would transition to buying legal products if they became aware of the illegal nature of their purchases. Methods: Observations of stores throughout Mowbray were used to determine which stores sold illegal cigarettes, using price of packs of cigarettes as a determinant for illegality. Surveys were conducted using smokers in Mowbray as subjects in order to understand preferences of these subjects in terms of which products they bought and at which type of store they bought from. An interview was conducted with a Brigadier of the Directorate for Priority Crimes in order to understand how illegal cigarettes are policed in the country. Results: The research shows that cigarettes in Mowbray are very accessible and popular amongst consumers. It further demonstrates that most consumers of illegal products are aware of the illegal nature of their purchases and would not transition to legal products if it meant paying higher prices. Conclusions: The prevalence of illegal cigarettes is a result of the failure of state institutions to adequately address the issue. The popularity amongst consumers stems from the high availability of illegal cigarettes and the low prices thereof. Responses of state institutions tasked with addressing the illegal trade are essential in order to combat the trade.
Open Access
“Bad things happen [be]cause good people do nothing.” A study on how residents of Athlone and it's suburbs view their roles as bystanders
(2022) Geyer, Riyaaz; Moult, Kelley
Bystander behaviour in Social psychology and criminology has often been discussed in terms of classic theory (as the bystander effect), bystander intervention for the purpose of crime prevention, situational factors impacting intervention or whether bystanders actually intervene. Other studies have looked at individual motivations for intervention, for example altruism/egoism. This study looks at how bystanders understand intervention and ultimately how they might perceive their roles as bystanders in one community in Cape Town – the broader Athlone area in the Cape Flats. Using a survey (n=60), carried out with both pen and paper and online modes of administration, the study found that bystanders in the Athlone not only often engage in prosocial intervening behaviour, but their view themselves fitting between an altruistic up keeper of social norms and an egoist actively negotiating the risks involved with intervening because there is concern for their own safety. The study also finds that regardless of the controversial position law enforcement and police hold in South Africa, many members of the Athlone community would rely on them when intervention is required.
Open Access
Crime, culture and collecting: the illicit cycad market in South Africa
(2017) Torgersen, Jonas Sørflaten; Shaw, Mark
It is widely accepted that illicit markets are driven by specific contextual factors that determine their nature and scope. Two points in particular have not been explored in the literature on wildlife crime. First, while illicit markets around commodities such as drugs and weapons are fuelled by consumers arguably in need of, or addicted to, the product, the desires of buyers that shape wildlife markets are often shaped by cultural norms which may seem irrational to outsiders. Second, given that wildlife markets are seldom as stringently regulated as those in respect of drugs, weapons or other commodities, the nature of the criminal enterprises that source, move and sell the products are possibly very different. The study examines these two factors – the culture of markets and the degree of criminal enterprise or organisation within them – through a case study of a largely unexamined environmental crime market in South Africa, that of rare cycad plants. Cycads are widely exploited, moved and sold in the country by a network of increasingly criminalised operations. State action against these markets is not a priority and has had only few successes in limiting the trade of an increasingly scarce plant. A detailed examination of the market and its consumers suggests that it is strongly shaped by a particular South African culture which draws on (often mythical) connections to the land, including its fauna and flora. Ironically, those active in the market argue that their objective for doing so is conservation, even if illicit collections are the prime threat to the species. Although the academic and conservation community have attempted to develop and implement conservation tools and strategies, limited law enforcement and regulatory mechanisms have produced a flexible illicit market where a set of intermediaries play the key role. While the market shows signs of internal competition, it operates relatively openly, and does not display the levels of violence of other criminal markets in similar stages of development.
Open Access
Danger Lies Everywhere and Waits for Us.” Cape Town Metro EMS Ambulance Personnel's Experiences of Risk, Danger and Fear
(2022) Beukes, Minette; Moult, Kelley
Introduction: Emergency medical services (EMS) ambulance personnel have increasingly become victims of violence while providing lifesaving medical services. This is not only a problem experienced globally, but in South Africa as well – particularly by the Metro (public) EMS ambulance personnel in Cape Town. This phenomenon has not yet been formally investigated in South Africa; thus, this study aims address this gap by exploring Cape Town Metro EMS ambulance personnel's experiences of risk, danger and fear associated with crime while performing service calls, and how these experiences shape the delivery of prehospital services. Methods: This study utilised a qualitative research approach to explore Cape Town Metro EMS ambulance personnel's experiences of risk, danger and fear associated with crime while performing service calls. Semi-structured interviews were conducted with a sample of twelve permanently employed and qualified Metro EMS ambulance workers in the city. The study used thematic analysis to identify six main themes within the data set, including: experiences of risk; experiences of danger; experiences of fear; education, training and experience; occupational challenges; and safety interventions and recommendations. Results: This study determined that most Metro EMS ambulance personnel that experience risk on the job, and that they do not feel that their training adequately prepares them for the realities of their occupation, especially in terms of crime. In terms of the experience of danger, respondents noted that certain ambulance divisions work in particularly dangerous areas or ‘red zones', and that these red zones impact negatively on EMS protocol and subsequent service delivery. The most common dangers they experienced included: shootings and getting caught in crossfire; hijackings or attempted hijackings; stoning; robbery or attempted robbery; and being held at gun and knifepoint. Additionally, most respondents felt that the night shift is more dangerous, and that rural areas – and the infrastructural challenges they pose – are seen a danger. Metro EMS ambulance personnel reported that they experienced verbal, physical and sexual abuse from different types of offenders. How Metro EMS ambulance personnel experienced fear differed: 8 participants stated that they get scared while on duty; 2 stated that they do not experience fear; and 2 had mixed feelings about being scared. Some participants indicated that fear does not influence their ability to perform their medical duties optimally, while others were of the opinion that it does, especially in cases where they have been previously victimised. This study also found that participants experienced occupational challenges in terms of their mental health. Participants were generally of the opinion that traumatic calls and victimisation had negative effects on their mental wellbeing, and stated that the counselling services provided to them did not aid in their recovery. The results of this study show that EMS personnel did not feel that the presence of police escorts reduces their experiences or risk, danger and fear. Respondents thus made safety recommendations based on their experiences of risk, danger and fear. Conclusion: The narratives provided by respondents gave an exhaustive overview of their experiences of risk, danger and fear associated with crime – this included whether or not they experience these elements while performing service calls prehospital environment, as well as how they experience it. The majority of Metro EMS ambulance personnel experienced risk, danger and fear associated with crime while performing service calls, and most of the participants believed that these experiences negatively influence service delivery.
Open Access
Deconstructing Gangsterism in the Western Cape Policy Response to the National Anti-Gangsterism Strategy
(2020) Viltoft, Clara Dybbroe; van de Spuy, Elrena
In the Province of the Western Cape in South Africa, gangsterism continues to be associated with issues of violence, crime and localised conflicts, affecting residents on the Cape Flats in particular. Although the country's legal framework promotes human rights and despite ongoing interventions by law enforcement, the effectiveness of government responses is still debated by politicians as well as the general public. Using Carol Bacchi's ‘What's the Problem Represented to Be' (2009) approach to policy analysis, the aim of this dissertation is to deconstruct the Western Cape's political problematisation and representation of the ‘problem' by analysing the Western Cape Provincial Policy response to the National Anti-Gangsterism Strategy. From a social constructivist angle, this dissertation presumes policy as prescriptive guidelines that dictate action. Further, the aim is to discover how the problem is understood and represented and thus analyse which discourses and material responses are generated and which are not. The findings confirm that there is a discrepancy between what is articulated in policy and what actually happens on the ground, i.e. between discourse and practice. Moreover, it will be argued that sustained anti-gang intervention demand that structural obstacles and inequality in lieu of the spill over from the Apartheid era are addressed. Taking notice of these aspects, the minor dissertation concludes that it is critical to figure out how best to transform conflict conditions in areas with high levels of gang violence with the view to allowing both youth groups and individuals to exert agency and become empowered in pursuit of individual and community resilience.
Open Access
A descriptive study of offender on offender assaults in Pollsmoor Medium B Correctional Centre
(2017) Koekemoer, Hannes; Van der Spuy, Elrena
In recent years, Correctional Centre violence has been much debated. Although the literature on violence is well developed, little is known about the nature and extent of violence in South African Correctional Centres, despite widespread concern and speculation. Furthermore, it is unclear whether this particular context of violence is due to the often hostile environment of Correctional Centres, or due to violent nature of inmates held in custody. This research study aims to investigate Correctional Centre violence in a South African Correctional Centre, looking specifically at offender-on-offender assaults that occurred in Pollsmoor Medium B Correctional Centre, by looking at assault incident reports and investigations. Discourse and thematic analysis was applied to single out the nature and contexts of the assaults reported. It was found that the assaults usually took place in certain spaces and times, but also that perpetrators and victims of violence often shared various commonalities. Additionally, certain units seemed more prone to violence than others, related to the finding that there were definite indications of spaces controlled by inmates and spaces controlled by correctional Officers. The study concludes that violence in South African Correctional Centres cannot be seen isolated from the offender, the outside world and their backgrounds.
Open Access
Domestic Workers and their access to childcare: A Socio-Legal study
(2018) van Zyl, Nicole; Smythe, Deirdre
This dissertation explores how domestic workers within the Cape Town area access childcare. From this exploration, the argument that the state should provide childcare to mothers as a redress measure under s9(2) is developed. This argument is drawn from the proposition that universal access to childcare has the potential to reduce gender inequality by removing the care burden that women bear. By providing universal access to childcare, and thereby removing or reducing the care burden, women are better empowered to access income earning activity. This qualitative enquiry utilises a literature review and one-on-one interviews as modes of data collection. Eight interviews were conducted on the experiences of domestic workers. A feminist methodology was adopted in the collection and analysis of the data, which led to the finding that greater state intervention is needed into the lives of domestic workers so that they may realise substantive equality. This Constitutionally based legal analysis is used as a means of understanding social transformation through the experiences of the participant group.
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
Governing Outer Space as a Global Commons: Examining ‘Tragedy’ in Orbital Medium
(2018) Oz, Besir Suleyman; Van der Spuy, Elrena; Powell, Cathleen
The purpose of this research is to examine the outer space governance regime and to identify key governance deficits which are arguably the main reason for the far-reaching proliferation of space debris in the outer space commons. To this end, the research initially inspects two of the existing global commons – the maritime and polar regions – their governing regimes, and the regulatory, legal, and political challenges encountered in each. The discussion on the connection between global governance deficits and the environmental tragedies within these domains aims to establish the conceptual foundation of this study. Based on this foundation, the research discusses legislative and regulatory dimensions of outer space governance and international responses to the challenges facing the outer space commons. It concludes with the examination of the space debris problem and potential policy responses to address this global environmental tragedy. In this regard, in the light of Ostrom’s design principles, an international treaty on space environment protection, a financial programme in managing the cost of debris removal programmes and maintenance of spatial resources, and an international space agency to coordinate these fields and provide substantial cooperation between space actors, are offered as fundamental steps to prevent the tragedy in outer space – the common heritage of mankind. Therefore, this research intends to contribute to the understanding of the space debris problem and its consequences for global welfare.
Open Access
The importance of reparations for victims of conflict-related sexual violence : challenges facing the International Criminal Court
(2016) Wasserman, Zia; Woolaver, Hannah
Sexual violence perpetrated during armed conflict is a notoriously prolific, yet oft neglected phenomenon. It used to merely be considered an inevitable by-product of war, yet recently sexual violence has come to be described as a 'weapon of war'. This refers to the deliberate and tactical intentions of the perpetrators, and alludes to the fact that sexual violence has been and continues to be an inherent aspect of conflicts. Fortunately, with increased global attention on this issue, there have been numerous developments in international humanitarian law as well as the field of criminal justice, which serve to recognise and condemn the prevalence of wartime sexual violence. That is, rape and other forms of sexual violence have been categorised as international crimes falling within the jurisdiction of international criminal tribunals and courts dealing with conflict situations. Furthermore, there have been several convictions of persons indicted for such crimes. These advances must be applauded, yet there remains a troubling omission: the provision of reparations to the victims of wartime sexual violence. Though the international tribunals and courts are statutorily empowered to award such reparations, there seems to be lapse in this regard. This is critically problematic considering the many harmful consequences of conflict-related sexual violence, namely: physical and medical issues, emotional and psychological issues, social exclusion and stigmatisation, as well as resultant monetary issues. Without a concomitant award of reparations attached to the conviction of a perpetrator of wartime sexual violence, victims are not able to experience true justice. The focus of this paper therefore rests on the challenges of the official court system - specifically that of the ICC - in providing reparations to victims of conflict-related sexual violence. With these in mind, it is recommended that a separate forum be created to deal exclusively with the provision of reparations.
Open Access
Investigating illegal drug use by socially integrated and well-resourced young adults in Cape Town
(2021) Reuter, Joshua; Moult, Kelley
There is a dearth of data or literature regarding frequent non-dependent drug use by well resourced, socially integrated South Africans. South African literature regarding drug use – which has primarily focused on dependent drug use accompanied by socio-economic or health crises – is thus incomplete. The purpose of this dissertation was primarily to investigate how well-resourced young adults in Cape Town, South Africa legitimise their illegal drug use habits – and the accompanying potential moral condemnation by society – within otherwise socially conforming lives. The first leg of the data collection process was an anonymous, self-administered survey, in which 84 young, well-resourced professionals or postgraduate students participated. The second leg of data collection involved semi-structured interviews with ten voluntary participants. A thematic approach was adopted in analysing the data. Three themes were identified. In the first – the ‘social life' framework – drug use was posited as playing an important role in enhancing social gatherings or larger social events, and thus being socially accommodated and normalised in certain social contexts. Narratives falling within the ‘relaxation' framework accounted primarily for habitual cannabis use, which was described as a valid way to unwind after a long day – much like alcohol. In both the first and second frameworks, control and responsibility were emphasised to justify drug use, thus drawing on a neo-liberal conception of the self as autonomous and self-controlled. Finally, the ‘psychedelic adventure' framework accounted for certain participants' infrequent and location-specific use of hallucinogenics. Although acknowledged to result in a loss of control, this form of drug use was seen as an escape from the rigours of daily life, in order to rejoin reality revitalised, and not as a departure from accepted social priorities. The findings of this study align with many modern theories of drug use; most notably normalisation. They further support a policy shift, from punishing drug use as a pathology, to a focus on harm reduction. However, more data and more multifaceted analyses are certainly required.
Open Access
Let's talk about sext : gendered millennial perceptions of sexting in a cyborg society
(2016) Meyer, Melissa Isabella; Berg, Julie; Moult, Kelley
In a cyborg society where people exist both organically and via technology, sexual expression and interaction via technology has become 'normal'. The controversy surrounding sexting stems from contemporary literature and media portraying it as coercive, harmful and unacceptable, with particular reference to young females. Qualitative data on this phenomenon is extremely limited and biased, potentially resulting in unjust limitations and restrictions. This study investigates Millennial sexting behaviour by considering general and gendered perceptions of sexting to better understand the phenomenon; its risks, benefits, and the practice itself. An exploratory mixed methods study amongst university students (N = 579) revealed expected and unexpected findings. Respondents acknowledged sexting's risks, while the benefits of and motivations for sexting were emphasised with little evidence of negative pressure. It is argued that the benefits of sexting greatly outweigh the potential risks, but moreover, that sexting is a primarily feminist practice that holds much promise. The need for sextual education and awareness of sext-consent is examined, as theoretical and policy implications are discussed.
Open Access
Occult-Related Crime and the Policing thereof, through the lens of Cosmology of Socio-Political Factors
(2023) Scholtz, Marcia; Van, Der Spuy Elrena
Occult-related crimes are crimes of a spiritual nature, in Africa, the study of these crimes could be approached from the field of African cosmology, which encompasses spirituality, culture, and nature. But these crimes also exist in a sociopolitical context, as well as an economic one. It is said that modern occult crimes have become entrepreneurial, this is what the Comaroffs (1999) call ‘modern occult economies.' The transition from traditional occult practices to modern practices can further be explored through a lens of, deeply rooted belief systems, being hijacked and manipulated by the opportunistic. This research explores not only traditional African occult crime, but also the Western branch practices and hybrid systems, and it touches on global occult crimes and ‘moral panics'. Occult crime is not labelled as such, but as general crimes, but the argument is for the typology of occult crime, for this has implications on police training and investigation, as well sentencing processes in courts. Modern-day panics are described as conspiracy theories, and in the 80s and 90s a significant example of this phenomenon was labelled the ‘Satanic Panic', and more recently, it could be argued in the theories of groups like QAnon. Further, the policing of the occult is engaged, specifically in South Africa, through exploring the challenges in the policing of occult crimes, by general police officers and South Africa's Occult Related Crime Unit (ORCU). Complexities in the South African criminal justice system and the occult, as with legislation and the judiciary, is an ongoing conversation between scholars, and one this research also touches on.
Open Access
Rape Kits in Context: A semi-systematic literature review of international rape kit best practices and their implications for the South African setting
(2021) Bobbert, Jessica Frances; Moult, Kelley
Sexual violence is a pervasive problem in South Africa. Although we have pioneered a range of specialised post-rape structures and services over the last two decades, access to and availability of such services is varied, and the systems are plagued by inadequate training, weak intersectoral collaboration and a lack of resources, which result in significant provincial discrepancies (Jewkes et al., 2009; Machisa et al., 2017; Vetten et al., 2008). Evidence suggests that Sexual Assault Evidence Collection Kits (SAECKs) is one area that demands urgent attention. The current backlog in analysing SAECKs is estimated to be at over 100 000 DNA samples (Waterworth, 2020). As local research on SAECKs is limited both in quantity and scope, this study undertook a semi-systematic literature review of published articles that address rape kits and international best practices to identify evidence-based recommendations for SAECK policy and future research. From a total of 206 sources, 31 were eligible for inclusion in the review with all but one article presenting research conducted in the United States, predominantly focusing on the national rape kit backlogs. The literature shows that ineffective use of SAECKS in South Africa may not be the result of a lack of specialised services but rather the poor implementation of related policy. Recommendations for best practices must address these challenges while also accounting for the context-specific factors that may impact the uptake and implementation of rape kit policy, such as the availability of resources, accountability mechanisms and the prioritisation of sexual assault cases. The key recommendation argues for expanding and improving existing provisions in respect of SAECKs in South Africa and identifies realistic and strategic measures for addressing their ineffective use.
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.

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