A criminological exploration of the involvement of perpetrators in mob justice-related incidents in South Africa

by | Apr 26, 2025 | SACJ, SACJ V37 I3 2024

A criminological exploration of the involvement of perpetrators in mob justice-related incidents in South Africa

Authors: L Mpuru & BW Häefele

ISSN: 1996-2118
Affiliations:MA (Crim) (Unisa); Lecturer, Department of Criminology and Security Science, Unisa; PhD (Crim) (Fort Hare); Professor, Department of Criminology and Security Science, Unisa
Source: South African Journal of Criminal Justice, Volume 37 Issue 3, p. 340-362
https://doi.org/10.47348/SACJ/v37/i3a3

Abstract

It has been 30 years into democracy, and many South Africans are still confronted by mob justice incidents in their communities. Crime and violence, accompanied by a lack of trust in the justice system, have created feelings of fear and insecurity among community residents. The study explores the experiences of perpetrators involved in mob justice-related incidents in South Africa. A qualitative approach using semi-structured interviews was employed to gain an in-depth understanding of the participants’ experiences as direct perpetrators of mob justice. The study found that crime in South Africa remains unsolved, leading to communities relying on violence to settle communal disputes and prevent crime. The study concludes that community residents are generally frustrated by the high levels of crime, poverty and unemployment. As a result, the lack of coping mechanisms to survive these societal challenges shapes a society that is full of hostility, suspicion, and violence. The study offers prevention strategies through informed recommendations, such as creating job opportunities, developing community infrastructure, and fostering collaboration between the police and the community. Additionally, involving other stakeholders, such as social workers and social welfare services, will help facilitate awareness campaigns to discourage participation in mob justice-related incidents.

An analysis of the offences relating to malicious communications and associated court orders under the Cybercrimes Act 19 of 2020

by | Apr 26, 2025 | SACJ, SACJ V37 I3 2024

An analysis of the offences relating to malicious communications and associated court orders under the Cybercrimes Act 19 of 2020

Author: Delano van der Linde

ISSN: 1996-2118
Affiliations: LLB LLM LLD (Stell); Associate Professor, Faculty of Law, Stellenbosch University
Source: South African Journal of Criminal Justice, Volume 37 Issue 3, p. 363-394
https://doi.org/10.47348/SACJ/v37/i3a4

Abstract

As society has been increasingly reliant on online platforms to communicate, it has also unfortunately become increasingly necessary to criminalise communications which violate the constitutional rights of equality, dignity as well as bodily and psychological integrity. The Cybercrimes Act 19 of 2020 creates a trilogy of new offences, namely the disclosure of data messages that incite damage to property or violence (s 14), data messages which threaten persons with damage to property or violence (s 15) and the unlawful disclosure of intimate images (s 16). These offences are collectively referred to as ‘malicious communications’ under Part II of the Act. Due to several constitutional and interpretive issues, it is doubted how effective these new offences will be in practice. Perhaps the most potent protection for complainants will be the orders that courts may make to ‘protect complainants from the harmful effect of malicious communications’ under Part VI of the Cybercrimes Act (which has yet to come into force). These orders include protection orders to prohibit the disclosure or subsequent disclosure of malicious communications and the removal or disabling of access to such messages. Some of these orders are similarly marred with interpretative issues but do not negate their practical necessity.

Mediation and the criminal justice system: Can the two be married?

by | Apr 26, 2025 | SACJ, SACJ V37 I3 2024

Mediation and the criminal justice system: Can the two be married?

Author: Monique Carels

ISSN: 1996-2118
Affiliations: LLB (UWC) LLM (Missouri) LLM (UWC); Lecturer, Department of Commercial Law, Faculty of Law, University of Cape Town
Source: South African Journal of Criminal Justice, Volume 37 Issue 3, p. 395-418
https://doi.org/10.47348/SACJ/v37/i3a5

Abstract

The primary method of dispute resolution in South Africa’s criminal justice system is litigation, which is based on retributive justice and the punishment of offenders. In contrast, mediation is founded on restorative justice principles. This paper examines the differences between litigation and mediation, and discusses the application of mediation and restorative justice in criminal cases.
South Africa is no stranger to restorative justice practices. Victim-Offender Mediation (VOM), Family Group Conferences, and diversion, in terms of the Child Justice Act, are forms of restorative justice and mediation. This paper discusses the benefits and obstacles to criminal law mediation to examine whether mediation and the criminal justice system can be married. Overall, this paper explores the effectiveness of mediation in addressing criminal issues and, if successful, outlines its potential inclusion in the current criminal justice system.