The crisis of criminal justice in South Africa

Cameron, Edwin

doi:10.17159/2413-3108/2020/vn69a9253

Cited by 7 publications

(10 citation statements)

References 6 publications

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“…The South African Human Rights Commission observed the intention to develop a new prison system aligned to the new Constitution and with international norms and standards (South African Human Rights Commission, 1998). The death penalty was abolished in 1995 ( The State v Makwanyane and Another ), with the court announcing its role to protect the marginalised including those in conflict with the law or deprived of their liberty (Cameron, 2020).…”

Section: Prison System Developments Post 1994mentioning

confidence: 99%

“…Despite progress in recognising the rights of prisoners in Africa, critique of the South African bail system, its minimum sentencing regime and continued high pre-trial detention continues today [de Ruiter and Hardy, 2018; Cameron, 2020; Van Hout and Chimbga, 2020). In 2021, 238 functioning prisons are operating at 137% capacity.…”

Section: The Nexus Of Gender Race and Incarcerationmentioning

confidence: 99%

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Human rights and the invisible nature of incarcerated women in post-apartheid South Africa: prison system progress in adopting the Bangkok Rules

Hout

Wessels²

2021

IJPH

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Purpose The global spotlight is increasingly shone on the situation of women in the male-dominated prison environment. Africa has observed a 24% increase in its female prison population in the past decade. This year is the 10-year anniversary of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) adopted by the General Assembly on 21 December 2010. Design/methodology/approach Using a legal realist approach, this paper examines South Africa’s progress in adopting the Bangkok Rules. This paper documents the historical evolution of the penal system since colonial times, focused on the development of recognition, protection and promotion of human rights of prisoners and an assessment of incarcerated women’s situation over time. Findings The analysis of the human rights treaties, the non-binding international and regional human rights instruments, African court and domestic jurisprudence and extant academic and policy-based literature is cognizant of the evolutionary nature of racial socio-political dimensions in South Africa, and the indeterminate nature of application of historical/existing domestic laws, policies and standards of care when evaluated against the rule of law. Originality/value To date, there has been no legal realist assessment of the situation of women in South Africa’s prisons. This paper incorporates race and gendered intersectionality and move beyond hetero-normative ideologies of incarcerated women and the prohibition of discrimination in South African rights assurance. The authors acknowledge State policy-making processes, and they argue for substantive equality of all women deprived of their liberty in South Africa.

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Section: Prison System Developments Post 1994mentioning

confidence: 99%

Section: The Nexus Of Gender Race and Incarcerationmentioning

confidence: 99%

Human rights and the invisible nature of incarcerated women in post-apartheid South Africa: prison system progress in adopting the Bangkok Rules

Hout

Wessels²

2021

IJPH

View full text Add to dashboard Cite

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“…The role of current practices around rehabilitation in South African prisons and their potential for reducing recidivism has been questioned, especially in the context of prison overcrowding, prison gang activity and resource constraints ( Cameron, 2020 ). Rehabilitation is further constrained by poor integration into the community following completion of a sentence, due to a lack of employment opportunities, high levels of poverty and low levels of education ( Khwela, 2014 ).…”

Section: Discussionmentioning

confidence: 99%

Why Men Rape: Perspectives From Incarcerated Rapists in a KwaZulu-Natal Prison, South Africa

et al. 2022

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Sexual offending is a global problem but is particularly prevalent on the African continent and in South Africa. Childhood experiences related to abuse, alcohol use, and criminal activities in the household and community has been associated with an increased risk for violence perpetration in adulthood. Less is known about sexual violence perpetration, especially in the South African context. In this study, the experiences of incarcerated male perpetrators of rape in South Africa are investigated along with the collective social context and individual childhood experiences that potentially contribute to rape perpetration. Eighteen male perpetrators of rape who were inmates at Westville Correctional Services in KwaZulu Natal, South Africa, were interviewed. The semi-structured in-depth qualitative interviews were transcribed, coded and annotated using an interpretive paradigm and thematic analysis approach. Five main themes emerged from the research and included (1) childhood trauma and adverse events, e.g., an absent father, being raised without parents, exposure to criminal or violent behavior, physical abuse, sexual abuse and poverty, (2) understanding rape, e.g., rape as sex by force and without consent, rape as a violent act, rape as sex with a minor, myths about rape (3) substance abuse, e.g., history of alcohol and drug use, and intoxication during rape perpetration, (4) gender roles and avoiding responsibility, e.g., victim blaming, rape as male prerogative, transactional sex, being framed or set-up, ignoring an ancestral call and (5) recidivism. The findings revealed that all rape perpetrators were exposed to at least one childhood trauma type. Family and community violence and criminality was common. Most participants avoided taking responsibility for their actions and blamed the victim and recidivism/prior convictions were often reported. The findings demonstrate the complex personality dynamic involved in the cycle of abuse and the evolution of criminal behavior, starting as a victim and ending as a perpetrator. The findings also highlight the need for interventions aimed at reducing childhood trauma exposure and improving the social and relational context of those at risk for childhood neglect and abuse.

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“…According to most recent government 2019/2020 figures, South Africa has 238 functioning prisons housing 154,449 detainees, including two super maximum prisons (C-Max in Gauteng; Ebongweni in KwaZulu-Natal ), and nine female prisons (DCS, 2020a). Whilst the prison population is at its lowest level in decades, South African prisons continue to operate at over-capacity (over 40% in 2019) (DCS, 2019;Cameron, 2020a;DCS, 2020a). There is significant critique of the South African bail system, its mandatory minimum sentencing regime and continued high pre-trial detention (de Ruiter and Hardy, 2018;Cameron, 2020a), with calls for increased use of parole and medical parole to relieve overcrowding (Mujuzi, 2011;Maseko, 2017a (DCS, 2004;DCS, 2011;South African Department of Health, 2013;DCS, 2014).…”

Section: The Contextmentioning

confidence: 99%

“…Whilst the prison population is at its lowest level in decades, South African prisons continue to operate at over-capacity (over 40% in 2019) (DCS, 2019;Cameron, 2020a;DCS, 2020a). There is significant critique of the South African bail system, its mandatory minimum sentencing regime and continued high pre-trial detention (de Ruiter and Hardy, 2018;Cameron, 2020a), with calls for increased use of parole and medical parole to relieve overcrowding (Mujuzi, 2011;Maseko, 2017a (DCS, 2004;DCS, 2011;South African Department of Health, 2013;DCS, 2014). There are, however, historical gaps in government oversight of its prisons, despite the efforts of the Judiciary Inspectorate of Correctional Services (JICS) to assess housing and standards of care of prisoners (Kleijn et al, 2017).…”

Section: The Contextmentioning

confidence: 99%

“Ubuntu” I am because we are: COVID-19 and the legal framework for addressing communicable disease in the South African prison system

Hout

Wessels²

2021

IJPH

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Purpose The purpose of the paper was to conduct a legal-realist assessment of the South African prison system response to COVID-19. Severely congested and ill-resourced prison systems in Africa face unprecedented challenges amplified by COVID-19. South Africa has recorded the highest COVID-19 positivity rate in Africa and, on March 15th 2020, declared a national state of disaster. The first prison system case was notified on April 6th 2020. Design/methodology/approach A legal-realist assessment of the South African prison system response to COVID-19 in the 12 months following initial case notification focused on the minimum State obligations to comply with human rights norms, and the extent to which human, health and occupational health rights of prisoners and staff were upheld during disaster measures. Findings A legal-realist account was developed, which revealed the indeterminate nature of application of South African COVID-19 government directives, ill-resourced COVID-19 mitigation measures, alarming occupational health and prison conditions and inadequate standards of health care in prisons when evaluated against the rule of law during State declaration of disaster. Originality/value This legal-realist assessment is original by virtue of its unique evaluation of the South African prison system approach to tackling COVID-19. It acknowledged State efforts, policymaking processes and outcomes and how these operated within the prison system itself. By moving beyond the deleterious impacts of the COVID-19 pandemic on the already precarious South African prison system, the authors argue for rights assurance for those who live and work in its prisons, improved infrastructure and greater substantive equality of all deprived of their liberty in South Africa.

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The crisis of criminal justice in South Africa

Cited by 7 publications

References 6 publications

Human rights and the invisible nature of incarcerated women in post-apartheid South Africa: prison system progress in adopting the Bangkok Rules

Human rights and the invisible nature of incarcerated women in post-apartheid South Africa: prison system progress in adopting the Bangkok Rules

Why Men Rape: Perspectives From Incarcerated Rapists in a KwaZulu-Natal Prison, South Africa

“Ubuntu” I am because we are: COVID-19 and the legal framework for addressing communicable disease in the South African prison system

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