Criminology and Forensic Studies

Permanent URI for this communityhttps://hdl.handle.net/10413/7765

This discipline area provides expert knowledge to deal effectively with crime, victimisation and conflict and to promote a democratic and just society with a human rights ethos as set out in the South African Constitution and Bill of Rights and other relevant international legal frameworks and treaties. It introduces students to biological, psychological and social dimensions of criminal behaviour and explores the application of these approaches to an understanding of the diversity of criminal behaviour. The critical evaluation and application of theories to different categories of crime and criminal behaviour provide students with the opportunity to explore and analyse individual and social influences on criminal behaviour. Not only is the multidimensional nature of conflict studied but analyses refer also to the functioning of the major tiers and role-players of criminal justice recognising the importance of judicial pluralism together with emerging forms of justice such as restorative justice. Current scholarly debates surrounding the workings and outcomes of the system and its component parts are analysed and evaluated and theories and perspectives of punishment, justice and crime reduction are appraised providing a critical understanding and specialised knowledge of the evolution, elements, aims and applications of punishment within a local and international human rights framework, focusing also on the gendering of crime and victimisation and minimum standards for child justice reform as well as structural interdicts to ensure state delivery. The importance of the crime case study method is furthermore highlighted with the presentation of material to the criminal justice system informed by scientific rigour. Analyses refer inter alia to the credibility of behavioural evidence, pre-sentence evaluations and victim impact statements.

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The role of Indian policemen in the South African police force.
(1983) Poodhun, Edward Emmanuel.; Graser, Roland Rudolf.
No abstract available.
An investigation into drug use amongst pupils in selected Indian high schools in the Durban municipal area.
(1990) Pillay, Krisandren.; Graser, Roland Rudolf.
This is a thesis on drug use among Indian high school pupils in the Durban municipal area. This study was undertaken because of the high incidence of drug use reported among Indian youth, and because of the paucity of factual information and research on the subject, in South Africa. The objectives of this investigation were to obtain scientific and objective information on the dynamics and causal factors associated with the use of drugs. The findings were compared to those of existing studies. The sample comprised of 128 drug users and 128 non-users, selected from ten Indian secondary schools in the Durban municipal area. The data from drug-users and non-users was obtained through the use of a confidential questionnaire. School guidance counsellors assisted with the administration and distribution of the questionnaires. In this investigation the researcher compared the biographical details of both drug users and non-users. It was concluded that drug users and non-users came from divergent socio-economic backgrounds, although drug users tended to be more represented among the lower socio-economic group. In this investigation it was established that male pupils showed more preference for the use of drugs than female pupils, and the average age of the drug users appeared to be between 15-17 years. Although unfavourable family background was slightly more prevalent among the drug users, they did not account completely for significantly more drug use, since non-users who suffered from the same plight of unfavourable home background, did not resort to the use of drugs. Drugs that were most commonly used by respondents in this survey included dagga, inhalants, Mandrax and codeine. It also appeared that the influence of the peer group contributed significantly to most of the pupils initiation into drug use. It was also reported that most of the drug users indicated that they had received some information on the negative aspects of drug-taking from teachers, parents and law enforcement officials, however, some of the pupils felt that the information they received, did not really influence their behaviour and attitudes to drugs. It is hoped that the findings of the present study will be of benefit to all concerned individuals, and that it will stimulate greater awareness and responsiveness to the problem of drug use, and the inherent problems with regard to the management thereof.
A social profile of street children in the Durban municipal area with special reference to their deviant activities.
(1995) Chetty, Vanitha Rakshana.; Graser, Roland Rudolf.
The street child drama being played out on South African streets continues the process of victimisation begun in the families and communities. Deprivation, poverty, and disorganisation are just some of the characteristics evident in the families and communities of street children . The decision to opt for street life in exchange for the grinding poverty and hardships of family and community life, is a stark illustration of children who have no other options, but a life on the streets. The process of becoming a street child ends with the runaway episode and opens new vistas of victimisation for street children .on the streets. One process ends therefore, and another one begins. It is argued in this study that street children are doubly victimised. Victimisation in the streets sets in motion the process of engaging , in deviant careers, which engenders further victimisation . Three themes are evident in the present study, these are causation, victimisation and deviance. From the discussion of these themes it is possible to construct a social profile of street children, before and after street life . Chapter one introduces the subject for study by discussing the background to the study, rationale behind it, aims, theoretical assumptions and definitions of relevant constructs . Chapter two reviews the literature on street children with specific reference to the causation, victimisation and deviance themes. Chapter three provides a methodological account of the research procedure. Chapters four and five present the findings from the empirical study. The perceptions of street children and service providers are discussed within a symbolic interactionistic perspective and highlight the victimisation and deviance themes in the study. Chapter six contains the recommendations and conclusions.
Restorative approaches to criminal justice : an exploratory study in KwaZulu-Natal.
(2008) Hargovan, Hema Keshavlal.; Chetty, Vanitha Rakshana.
Restorative justice, a social movement seeking to introduce reform in the operation of the traditional criminal justice system, has seen a marked proliferation of its initiatives over the last decade in countries like Australia, New Zealand, United Kingdom, Canada and the United States. Restorative processes are those in which offenders, victims and/or others affected by a crime participate often with the help of a facilitator, in the resolution of matters arising from that crime. Prevailing literature indicates that the intellectual heritage of restorative justice is diverse and rooted in a myriad of theories, beliefs, values and customs. Restorative justice is also used to describe a bewildering range of practices and programmes. While restorative justice draws on existing traditional, indigenous and religious beliefs in dealing with disputes, effective restorative justice practices depend on a well functioning and credible criminal justice system. The current preoccupation with restorative justice by advocates for criminal justice reform is closely related to low levels of access to justice on the part of many South Africans. The extraordinarily high rates of violent crimes in South Africa clearly suggest that restorative justice cannot replace current penal law and procedure. Effective and innovative integration of restorative processes into the formal criminal justice system is just one of the many challenges facing criminal justice systems worldwide. The question that arises is whether restorative processes can and should inform a greater proportion of justice system activity? In answer to this question the present study critically explores the development of the restorative justice paradigm in South Africa both within the criminal justice system, as well as initiatives taking place outside it Since 1994 there have been numerous policies that have sought to incorporate restorative principles. Notwithstanding its growing popularity, its integration into the national criminal justice agenda for reform is fraught with difficulties, both theoretical and practical. The study highlights the difficulties associated with applying restorative approaches in cases of intimate violence against women and children and proposes that the primary focus should be on victim safety and not merely offence seriousness and willingness of the offender or victim to participate. dearly the agenda for implementation and strengthening of restorative practices in the criminal justice system has to go hand in hand with the provision of victim services and support. An integrated, multi-sectoral approach involving collaboration with the relevant government departments is suggested, so that clear strategies may be developed in order that responses may be facilitated from the moment a crime occurs until the final restorative elements have been completed. The study concludes by making recommendations in respect of implementation, policy and law reform, practice guidelines and standards, skills development and training, and curriculum development in the field of restorative justice.
The effects of community violence on learners in a rural context.
(2012) Mkhize, Sazelo Michael.; Gopal, Nirmala Devi.; Singh, Shanta Balgobind.
Much has been learned over the past decade about the way children respond to experiences of violence in their community. The goal of this study is to examine the effects of violence on the academic performance of learners, those who have been directly affected and those who have been witnessing violence being perpetrated either against close friends and relatives or against other people generally. The findings of the study suggest that both direct and indirect victims of crime are affected by violence which, in turn, has negative effects on their school performance. This research was conducted at Swayimana, a rural area in Pietermaritzburg under the Umshwathi municipality. In this area perpetrators of crime are young people against other young people, although occasionally senior members of the community have instigated violence.
Community engagement of local space in crime mapping and policing of informal settlements : a study of Cato Crest informal settlement.
(2012) Singh, Shalendra.; Marks, Monique.; Hargovan, Hema Keshavlal.
In any country where there are informal settlements, crime prevention and combat is, to a great extent, determined by the availability of reliable information about crime and about the physical environment in which it occurs. Of equal importance in reducing crime is accurate reporting on the behalf of the public and accurate mapping of crime incidences on the part of the police. Informality makes such information gathering, reporting and mapping extremely challenging. Street level geocoding match rates are lower in informal settlements areas compared to formal urban areas, due to the fact that these areas are unplanned without any road networks or proper address points. To determine the success or otherwise of measures taken to control crime in informal settlements, it is necessary for a system to be in operation whereby crime can be geocoded to a specific location. The integration of community local knowledge with Geographic Information Systems can help populate urban-based geospatial databases for informal settlement crime mapping, and a mental mapping exercise can contribute by the identification of landmarks which can be geocoded. The aim of this research was to establish how community understandings and constructions of their local geography can contribute to ‘official’ police crime mapping and, consequently, to the improvement of policing in informal settlements. In order to achieve this research objective, community ‘mind maps’ were explored through focus groups and these were correlated with police geocoding and mapping systems. The aim here was to explore whether and how these systems can work together in dealing more effectively with crime and in enhancing police-community relations in informal settlement areas. A key finding of this research was that, coming together or integration between community generated mapping information and conventional GIS methodologies, has the potential to completely transform the way in which informal settlements crimes are mapped.
A multivariate criminological analysis of the self-esteem of repeat offenders.
(2012) Cronje, Matthew.; Peacock, Robert.
The correctional experience of adult offenders has largely been ignored in comparison to youth and adolescent offenders in the correctional literature and even more so in terms of repeated offending behaviour. The perspective that self-esteem is also considered an important behavioural motivator and outcome of life experiences is reflected in the high amount of inclusion it enjoys as a treatment outcome in numerous correctional rehabilitation programmes. However, the dearth of research on the level of self-esteem of repeat offenders internationally and in the South African context does not reflect the importance of this relationship and with a 95% recidivism rate in South African prisons one can understand the need for investigation into this phenomenon. Descriptive, comparative and explanatory analyses were conducted using the self-concept theory of Carl Rogers to guide the research. A purposive sample of 73 male repeat offenders from correctional centres in the Zululand area of the KwaZulu-Natal province were included in the study. Self-esteem was assessed through the use of the Coopersmith Self-Esteem Inventory (Adult Form) and relative theoretical and empirical perspectives were utilised in the development of a questionnaire used to quantitatively assess multiple variables related to self-esteem and repeat offending behaviour. The level of self-esteem was therefore assessed in terms of the type of offence/s committed by the participants and in relation to a number of demographic (age, education, marital status, number of children and childhood socioeconomic status), psychosocial (parental closeness, parental availability, need for acceptance, familial abuse and treatment by community upon release) and correctional (exposure to correctional environment, experience of victimisation inside the correctional facility, visitations, conditions of the correctional centres and programme participation) variables. Inferential (t-tests, ANOVA and correlations) and descriptive (means, standard deviations and frequency distributions) statistical analyses were utilised to compare the self-esteem scores of the participants and provide a general description of the characteristics of the sample respectively. The reliability of the Coopersmith Self-Esteem Inventory (Adult Form) was also assessed producing a Cronbach alpha of .69 indicating that it was a reliable measure of self-esteem in the South African correctional context. The results indicated that the self-esteem scores of South African repeat offenders varied significantly in terms of offence type with aggressive offenders showing significantly higher levels of self-esteem than sexual, economic, narcotic and “other” offenders. Participants from the remaining offending categories did not show significant differences in self-esteem between one another. Demographic variables (age, education, marital status, number of children and childhood socioeconomic status) were not found to have a significant effect on self-esteem scores. Psychosocial variables related to familial relations (parental closeness and parental availability) were not found to be significantly different despite clear patterns emerging indicating an increase in self-esteem when parental bonds were strong and parents were perceived as available during childhood. The analysis of data related to the need for acceptance by friends and family members indicated that despite the repeated offending nature of the sample that there was still a degree of acceptance with conventional norms and values. Self-esteem was also seen to improve with perceptions of community support and fairness of treatment by community upon release. Experiences of abuse prior to incarceration and victimisation within the correctional facility were seen to negatively affect self-esteem however time and context related variables were determined to play a mediating role due to the increased effect witnessed for experiences that were more recent. Further correctional variables analysed showed increases in self-esteem in terms of prolonged exposure to the correctional environment, and increase in the frequency of visitations and positive perceptions of satisfaction with the conditions in the correctional centres. Programme participation was was however found to have no significant effect on self-esteem. Recommendations formulated for future research included the need for a longitudinal research design and the incorporation of contextual data in the form of non-offending control groups for the establishment of cultural norms and values through the use of qualitative interviews. The generally negative life experiences of repeat offenders were concluded to increase the need for the use of psychological defences and the creation of an increasingly false reality in an attempt to maintain some form of psychological consistency.
Exploring the public parameter of police integrity.
(Emerald Group Publishing Limited, 2013) Meyer, Michael E.; Steyn, Jéan.; Gopal, Nirmala Devi.
This paper explores the contribution of the public component of Klockars’ and Kutnjak-Ivkovic’s (2004) organizational theory of police integrity to the understanding of police integrity. Design/methodology/approach: The study employs a modified survey derived from “The Measurement of Police Integrity,” instrument developed by Klockars, et al. ( 2000). Participants are constituted by a convenience sample of first year social studies students at the University of KwaZulu-Natal (n = 186) and 160 South African Police Service non-commissioned officers throughout Gauteng Province, Republic of South Africa. Findings: Overall, the data present a mixed picture of integrity in the SAPS. The current study is certainly suggestive that the SAPS faces serious challenges to establishing and sustaining integrity and that based on either absolutist or normative criteria the organization falls below desired levels of professional integrity. However, there are also indications that a significant proportion of officers will support efforts of the organization to establish and maintain professional standards of integrity. Practical Implications: The findings, focused on non-commissioned officers, contributes to a growing body of research across all levels of the South African Police Service. In addition, the research compares results from a non-police sample helping to contextualize the concept of integrity as it exists within the SAPS. More immediate implications relate to the potential for the development of a broad-based integrity plan for the South African Police Service as a whole. Originality/value: Previous research employing police only samples has concluded that the South African Police Service is an integrity challenged organization. While the present study agrees that the SAPS faces significant integrity challenges, the use of a comparative non-policing sample also suggests that the Service is having some success in establishing integrity standards, at least in regard to lower level violations of organizational ethical standards.
‘They call us Makwerekweres’ : foreign learners speak out against xenophobia.
(University of KwaZulu-Natal., 2013) Gopal, Nirmala Devi.
While a number of studies on xenophobia have been conducted in South Africa, very little has been done to establish the effects of xenophobia on foreigners in schools. To help remedy the dearth of studies in this area, this article aimed to provide emic perspective on xenophobia from a select sample of Grade 12 foreign learners. Through the use of interviews, the study explored how these learners experience their host country, South Africa, five years after the widely publicized xenophobic violence. Thematic analysis of responses indicated, profoundly, learners’ thoughts and feelings on xenophobia. Participants described their emotional and physical exposure to various forms of xenophobia perpetrated either at the level of the community and/or the school. Participants felt that South Africans who do not take responsibility for their behavior shift blame to foreigners, hence fuelling xenophobia. Although learners perceive South Africa as a beautiful country with much to offer, they prefer migrating to countries with better opportunities. This research provided a baseline for further research into this phenomenon.
Discriminatory use of police stop-and search powers in London, UK.
(Vathek Publishing., 2013) Yesufu, Shaka.; ;
Black Londoners have complained over the years of being overpoliced and harassed by police officers. The history of such contentious encounters between members of the Black community and the police service dates back to the 1970s, an era that was characterised by the implementation of the ‘Suspicion Laws’, popularly referred to as the ‘Sus Laws’, which emanated from the legislation of the Vagrancy Act of 1824. It was an era most Black people would prefer not to talk about because of the oppressive encounters they experienced with the police. This paper has three purposes: first, to highlight the history of police abuses of power in relation to dealing with Black Londoners in a discriminatory way; second, to explore the issue of societal racism, facilitated by the trio of concepts of prejudice, stereotyping and racial discrimination; third, to encourage the debate on police accountability by discouraging the discriminatory policing that permeates UK society.
The development of policing in Britain in the next five years.
(2013-03) Yesufu, Shaka.
The British police service is currently going through a radical transformation phase. The present Tory-led coalition government has set out an agenda to bring about drastic changes in policing. These proposed changes are unprecedented in the history of policing since 1829. The police service is governed by a tripartite arrangement of checks and balances laid down under the Police Act 1964. By this I mean that there are three key players in relation to police governance in Britain: the Home Secretary, the local police authority and the chief constable. The future of policing in the next five years is set out clearly by the Home Secretary, Theresa May MP, under the Police Reform and Social Responsibility Bill, which is currently being reviewed in the House of Lords. The recent phone hacking scandal has made it imperative for the British public to have a closer look at the police service in relation to proper accountability. There have been references to police corruption as far back as the era of 'parish constables', dating back to 1800, when it was alleged that police officers took bribes, got drunk whilst on duty and lacked moral credibility to protect and serve us (Critchley, 1978). In the seventies and eighties the British public was informed of another scandal involving members of Scotland Yard and criminal gangs in the East End of London. In this article, I shall argue that the issue of police corruption is not a new phenomenon. It is has been an ongoing issue that has haunted the police for over a century. This article is divided into three parts. In the first part of the article I present the following issues: the Metropolitan Police policing plan 2011-2014; the merits and demerits of the policing plan; tripartite police accountability and its shortcomings; democratic accountability and localisation of policing; the professionalisation of policing and the creation of the Police Body; review of police pay and benefits; and the impact of this on police officers' morale. In the second part of my article I present some of the criticisms levelled against the ongoing police reforms. I will look at the criticisms from both internal and external perspectives. By internal criticism, I mean police officers' opposition to the reforms. By external criticism, I mean criticisms from criminologists and members of the British public. In the third part of my article I made my position clear on where I stand in relation to the ongoing police reforms. I shall argue that the current ongoing job cuts in the police service are a disaster waiting to happen, and that our safety has been compromised by politicians. We are now living at the mercy of criminals and law breakers due to manpower shortage. We are all living witnesses to the ongoing public disturbances in Tottenham, Enfield, Brixton, Peckham, Walthamstow and Croydon, in London. The speed of the spread of these riots to other cities like Bristol, Birmingham, Manchester and Liverpool occurred on an unimaginable scale. We all watched how difficult it was for the police to restore order and normality. Rioters looted and plundered goods and burnt down buildings as if no laws existed in our country. A complete breakdown of law and order put the lives of citizens at risk. My article makes a passionate appeal to the present coalition government to rethink the issue of reducing the numbers of police officers protecting us. I shall argue that we need more police officers in Britain not fewer. The level of anger and social discontent is higher than the government ever anticipated, partly because of economic hardship. My argument is that economic hardship is not an excuse to commit burglary, theft, arson, murder and criminal damage with intent to endanger life. Rioters are shameless opportunists, a bunch of hoodlums, criminals who have no place in any civilised society, who should be made to face the due process of law.
Constructing crime online : representations of violent crime, perpetrators and victims on a South African news aggregator : News24.
(2014) Monyepao, Frederick Dikoetje.; Gopal, Nirmala Devi.
This study explores the representation of violent crime on an online news environment. The involvement of moral entrepreneurs within the news media in combating crime is also investigated. News media is the main source of information for national and international events. Policies tend to be influenced by what the media report on, so research into the new online platform of news production is important. The research design took on an interpretive paradigm, leading to a qualitative method of research. Discourse and linguistic analysis was used for the interpretation of the data collected from an online news aggregator News24. The data was in the form of online news articles. The literature showed that the commercial motives of news agencies outweigh the information providing services thereof. Profit is guaranteed by focusing on heinous crimes that are sensationalised. Results show the interplay between moral entrepreneurs and news media as unexplored in South Africa, hence the lack of inclusion criminal justice system agencies in news articles except when the journalist is furthering commercial agendas. Victims and perpetrators were clearly stereotyped, more so perpetrators who were portrayed as inherently evil and seeking to only to do harm to moral members of society. Law enforcement and the media can coexist while serving two similar yet different tasks. It is recommended that law enforcement agencies help bridge the gap by being more open to the media. Communication needs to be established between law enforcement agents and news agents in order to have a positive influence on crime policies and combat crime more effectively.
A quantitative analysis of juvenile delinquency trends among school going adolescents in a select sample of secondary schools in Chatsworth, Durban.
(2014) Marimuthu, Bonita Adele.; Gopal, Nirmala Devi.
This quantitative study explores juvenile delinquency trends among school going adolescents in a select sample of schools. The study conducted in Chatsworth, Durban (Kwa Zulu-Natal) was developed as an exclusively Indian Township in the 1960‘s but since the 1990s more and more Africans moved into the area. Nonetheless Chatsworth remains predominantly ‗Indian‘ in terms of its demography and character. Permission and ethical approval for this study were obtained from the Humanities and Social Sciences Research Ethics Committee of the University of Kwa-Zulu Natal- Howard College Campus. The study consisted of a sample of 750 respondents randomly selected from two secondary schools in Chatsworth. A non-probability sampling method was followed. The main aim of this exploratory study was to understand trends in juvenile delinquency among adolescents in the area of Chatsworth through a quantitative lens. The study was carried out through coded self-administered questionnaires, administered to Grade 8,9,10, and 11 learners with the assistance of the educators at the identified schools during the Life-Orientation class periods. This study revealed that there were significant correlations between gender (male and female) and modes of punishment; norm violations; regulation violations; and malicious damage to property, followed by age (13-18 years) and modes of punishment; norm violations, and regulation violations, race (African, Indian, Coloured, White, Other) and modes of punishment; norm violations and regulation violations, and lastly religion (Christian, Hindu, Islam and Nazareth) and modes of punishment; regulation violations and malicious damage to property. The findings in this study forms a critical empirical study for future research in the field of juvenile delinquency/offending.
Police corruption: a threat to South Africa's democracy.
(All Africa Criminal Justice Association, 2014) Yesufu, Shaka.
In South Africa today, there is no single agreed definition of corruption. However, as researchers we do know that some definitions of corruption are available, enabling us to put police c orruption into context. It is disappointing enough to find out that po lice officers who have been entrusted by the laws of the Republic of South Africa to protect and serve us are the same people who are now being investigated for corruption. The image of the South African police has been severely damaged due to the reportin g of rampant and reckless corruption amo ngst its rank and file. The researcher argues that if nothing is done to address the level of police institutionalised corru ption our democracy may suffer as a consequence. First, this article is very important to a ll South African citizens as Policing affects their everyday life. With crime like rape, murder, house breaking, assault, drugs on the increase. South Africans are very much concerned about their safety and security. Second, it is designed to give a voi ce to citizens of South Africa ensuring that the responsibility of policing is left in hands of trustworthy and accountable officials. Third, to identify different types of corruption and to find some solutions to it. Fourth, the research is designed to provi de a basis for other researchers into police corruption to develop and buil d upon it . The researcher relies on extensive literature review, media reports, and police practical experiences and the researcher‟s role and involvement being a member of the Civ ilian Oversight Committee dealing with issues around police accountability in South Africa.
The impact of labelling theory on the Gypsies and Travelers in the United Kingdom.
(All Africa Criminal Justice Association, 2014-06-10) Yesufu, Shaka.
The persecution of Gypsies and Travelers in the United Kingdom is not a new phenomenon. It goes back many centuries when Gypsies first set foot on the European continent. It was estimated that over half a million Gypsies were exterminated by Adolf Hitler in Germany during the Holocaust. In today‟s France under President Francois Hollande, the Gypsies are still being persecuted. The effects of labeling theory has made the Gypsies undoubtedly and unarguably among the most hated groups living in Europe today. They have endured societal rejection, hatred, discrimination, cruelty and inhumane treatment, and denial of the basic necessities of life, for example housing, education and healthcare. Their ability to endure hardship (stoicism) and a total rejection (alienation) from the wider society over the years is inspiring to us in academia. This article is a clarion call to all men and women of good conscience all over the world to come together to consign the persecution of Gypsies to history.
Interrogating maritime security : a discourse from below.
(Serials Publications, 2015) Gopal, Nirmala Devi.
The expanding volume of sea trade between South Africa and other parts of the global world places pressure on increased maritime security particularly because maritime security affects both communities living close to the sea as well as bi- and multilateral relations on the larger international scale. While most research studies focus on threats of piracy and the economic impacts of maritime security on international trade this paper seeks to critically explore maritime challenges at a more local level namely the voices of actors directly with first hand experiences of maritime matters. Using in depth semi structured face to face interviews with six participants within a qualitative framework the study concluded that maritime challenges are indeed larger than the traditional security challenges. Challenges included seafarers’ working conditions, stowaways, human and drug trafficking and piracy. The study makes recommendations for future large scale research on maritime challenges.
Perceptions of the conviction rate of reported adult female rape in Verulam, Durban.
(2015) Nunlall, Reema.; Steyn, Jéan.;
As rape is ranked as one of the most prevalent crimes in South Africa, its causes and consequences have become the subject of a large body of research. However, statistics and research on what happens after a rape report are rare. An estimated 7 percent of sexual offence cases that were reported to the police in 2012/13 resulted in a conviction, suggesting that there are major problems in the system that are restricting victims from obtaining justice. With a paucity of research having been done on the process of a rape report to the conviction stage, it seems relevant that research on the outcome of rape reports deserves attention. Therefore, regardless of the relatively small scale of this research, it was at attempt to fill this void. Based on a qualitative research methodology, the study focused on establishing which factors hinder the achievement of a high conviction rate of rape perpetrators in Verulam, Durban. The research focused on reported adult female rape in a four-year period from 2009 to 2013. Fifteen criminal justice personnel participated in this study by answering a semi-structured, open-ended questionnaire. A 5 percent conviction rate within the study period was identified, illustrating that rape victims are the most marginalised victims in society. Content data analysis indicated that the requirements for a conviction largely consist of extra-legal factors such as corroborative evidence, having qualified personnel, consistency, and court attendance. What is not surprising is that 'rape myths' and stereotyped notions are very active in the system; for example, if a woman sustains physical injuries or reported the violation soon after it occurred, she is deemed to be a ‘genuine’ rape victim. The fact that accused persons abscond from court proceedings whilst on bail was one of the obstacles highlighted by the respondents. Avoiding this obstacle can be achieved through an assessment of the South African legal system. Another major obstacle identified was the issue of the lack of expertise within the criminal justice system (CJS). However, there is potential to improve the conviction rate and a promising suggestion is specialisation in rape cases, specifically in terms of rape investigation, prosecution, and magistrates adjudicating the matter. For a positive change in the conviction rates and ensuring that victims attain justice, the actual implementation of the recommendations put forward in this study is necessary. However, further research is crucial, particularly research that can offer explanations for victims failing to attend court proceedings and for withdrawing their cases.
A quantitative understanding of gender differentiated delinquent trends among school going adolescents in Chatsworth, Durban.
(CRIMSA, 2015) Gopal, Nirmala Devi.; Marimuthu, Bonita Adele.
According to the World Health Organisation countries in transition have witnessed a dramatic rise in delinquency rates. Given that juvenile offending is a pervasive social problem and many theories about its aetiology have been advanced it is not unusual for researchers to understand delinquent behaviour over periods of time. Against this backdrop this study seeks to understand gendered patterns of offending or delinquent behaviour among seven hundred and fifty (750) school going adolescents in a historically Indian township in Chatsworth, KwaZulu-Natal. Using a non-probability, random, sampling method respondents were chosen from two secondary schools in Chatsworth. Results from the study showed significant correlations between gender (male and female) and modes of punishment; norm violations; regulation violations; and malicious damage to property. For instance gender and norm violations results indicated that sleeping out of home without parental permission is not gendered. Both males and females slept out of home without parental permission; gender and regulation violations such as driving a motor vehicle without a driver’s licence indicated that respondents violate regulations regardless of gender and gender and regulation violations such as entering a bar or bottle store being under the prescribed age of 18 years old indicates that respondents irrespective of gender enter a bar or bottle store.
A victimological exploration of the programmes and services available to victims of trio-crimes in Durban Metropolitan Area.
(2015) Dlamini, Siyanda.; Singh, Shanta Balgobind.
This research was aimed at exploring and giving insight into the programmes and services available to victims of trio-crimes in the Durban Metropolitan Area. The motivation behind the study is that as a recently constitutional democracy, South Africa faces major challenges with the enforcement of the rule of law and with guaranteeing the protection of the citizen’s fundamental human rights. Post-Apartheid South Africa is founded on democratic values and the Constitution enshrines a range of fundamental human rights, including the right to freedom and security. In light of these provisions, strengthened by international human rights jurisprudence, the South African government is accountable for the management of crime, and requires policies, strategies and programmes to carry out this responsibility. In ensuring that the goals of this study are achieved, a qualitative approach was used in this study that assisted to focus on the exploration of the programmes available to victims of Trio-Crimes within the City of Durban. Data collection for this study was based on semi-structured interviews conducted on an individual basis. It combined a set of pre-determined questions that enabled the interviewer to explore further particular themes and responses. In analysing the data collected, thematic analysis method was utilised. The effectiveness of thematic analysis was derived from the familiarisation of data by the researcher. This was possible because the researcher conducted tape recorded interviews and transcribed them, and it allowed the researcher to familiarise with the data for an in-depth and perceptive analysis. However, this research considered the common threads among the respondents that provided an opportunity to ascertain patterns that showed common cause or commonalities among the research participants. The main findings highlighted that there are programmes and services available to assist and empower victims of trio-crimes in the Durban Metropolitan Area; and such programmes and services are provided by different organisations within the city. It also indicated that these programmes and services are beneficial and effective, and they impact on a victims` life in a constructive manner. However, these victim support systems are deeply reliant upon volunteers for their execution.
A victimological exploration of the victimisation vulnerability of a group of foreign nationals in the city of Durban.
(2015) Cinini, Samuel Fikiri.; Yusuf, Shaka.
The reasons for leaving home are complex, but the majority of respondents acknowledged political-economy as one of the major reasons for leaving their home to search for a better life. In South Africa, the country, is politically and economically stable in comparison to other African countries, hence the choice of South Africa for black Africans who migrate. However, previous studies have shown that although attitudes towards non-nationals vary across South Africa’s socio-economic and ethnic spectrum, there is strong evidence that non-nationals living and/or working in South Africa face discrimination at the hands of citizens, governments officials, members of the police and private organisations contracted to immigration. The researcher explores the victimisation experiences of foreign nationals with the purpose to attract the attention of the government, non-governmental organisations (NGOs), and Civil society activists, in order to raise the level of awareness. One of the objectives of this research was to explore the experiences of victims of xenophobia in the city of Durban, amongst groups of foreign nationals. The study focused on extensive literature review and the perceptions of participants who all have a shared experience of xenophobia. In conducting the literature review, the researcher used multiple information sources, including books, dissertations, internet resources, professional journals and periodicals. These sources were accessed through Google Scholar, EBSCOhost Web, JSTOR, ProQuest, Sabinet Reference, and Science Direct. The researcher also made use of the Centre for the Study of Violence and Reconciliation (CSVR) website and the South African Migrant Project (SAMP) website to gather information on previous publications of studies that have been conducted in this area of study. The researcher sought to understand the nature and frequency of the victimisation of foreign nationals, and also the impact of their victimisation as well as the nature and function of coping mechanisms employed by foreign nationals in the face of victimisation and victimisation vulnerability. A qualitative survey-based research design was used to identify the various meanings underlying the respondents’ perceptions of xenophobia and the causes ascribed to the phenomenon. This approach allowed the use of in-depth thematic content analysis, revealing more detailed descriptions and a deeper understanding of xenophobia in South Africa. The use of a qualitative method was meant to exploring the experiences of the victimisation of a group of foreign nationals in the city of Durban. Twenty participants of different nationalities were invited to participate in the study. Participants were 19 to 35 ages old who resided in the city of Durban over 2 years and have experienced victimisation. The researcher used purposive sampling and snowball technique. Hence, participants in this study were purposefully selected from their churches, shops, and work sites but others were identified through snowball technique. Data collection was based on semi-structured interviews conducted on an individual basis. For ethical reasons, only foreign nationals living legally in the city were interviewed. These are those with refugee status, asylum seekers holding temporary permit, and economic migrants with work permits. The first major finding of this research is that the majority 85% of respondents have been victims of crime. Crime such as petty crime, house breaking, and shop looting have been identified as the main crimes that a group of foreign nationals have experienced during their stay in the city of Durban. It has been noticed that most of the victimisation are perpetrated by black local citizens and that government officials are not much seen as perpetrators for these crimes as they are not in full contact with a group of foreign nationals. Amongst a group of 20 respondents, 80% of the respondents reported have never been victimised by any government official, accusing the department of home affairs (DHA) to be the only governmental institution victimising a group of foreign nationals as it can be seen in the findings of this study. Some of the findings in this research have demonstrated poorer psychological health condition such as depression, stress, trauma and isolation as the main problems a group of foreign nationals encounter during and in the aftermath of their victimisation. Therefore, it can be concluded that the impact of the victimisation on a group of foreign nationals in this study is mostly psychological than physical. Most of the respondents who have been victimised, have suffered psychological damage such as trauma, depression, stress and isolation, resulting in fear. Consequently, respondents have reported living in fear in the city of Durban, thinking that “what has happened will happen again”. In addition to psychological health condition, loss of properties during shop looting and house breaking can also be seen as economic loss which can still play a psychological side effect on the victims. Although, the findings of this study demonstrate the treatment of black local citizen against fellow black African foreign nationals, it cannot be concluded that only black local citizens discriminate against fellow black African, but in some extent, foreigners are discriminated against by almost all existing races in South Africa. , it can also be argued that not only black foreign nationals are victimised but also other foreign nationals from other continents of the globe do face lesser degree of discrimination. The differences in the level of xenophobia can be explained by the pull factors of immigrants in South Africa. Mostly, African foreigners leave their countries to South Africa for economic reason, they come to search for jobs, and many other opportunities, this put them into conflict of interest with local citizens who are still struggling for their well-being, unlike Europeans, Asians, and Americans who come to South Africa, most of them come for business purposes, for which they are mostly the bosses. Others come because their skills are in demand in some industries or companies operating within South Africa. Therefore, even though people from other continents can be perceived to undergo lesser degree of discrimination within the South African institutions as a form of xenophobia, the above claim can be considered as the reason why local citizens do not threaten or attack foreigners other than those coming from African continent. Nonetheless, there is the issue of abuse of hospitality, South Africans gave foreigners refuge, but it transpires from Westville prison statistics that many migrants are abusing the hospitality of South Africa. Hence there is a need of making some recommendations as to address this situation. Xenophobia should not only be blamed for the South African government inability to deliver, but African countries’ corruption lack of accountability and transparency leading to the massive African migrants who migrate to SA for a search of peace, human rights, democracy and job opportunities, whose burden goes to SA. As a consequence, the SA government failure to deliver to its own citizens basic social needs, education, health, housing and employment won’t be able to assist the massive surge of migrants from other African countries. Corruption and irresponsible African leadership has led to South African carrying the burden of the African migration done. Basically, if most countries are doing very well, less corruption, civil wars, the need to travel to another country will be reduced.

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