The profile of recidivists in Kenya: The case of prisoners at Nairobi county prison institutions

by | Feb 14, 2021 | SACJ, SACJ V33 I3 2020

The profile of recidivists in Kenya: The case of prisoners at Nairobi county prison institutions

Authors: John Onyango Omboto, Gidraph G Wairire and Mike Chepkong’a

ISSN: 1996-2118
Affiliations: PhD (Nairobi), Lecturer Criminology and Security Studies, Egerton University, Kenya; BSW (Osmania) MA (Tata Institute of Social Sciences) PhD (Pune), Associate Professor, Department of Sociology and Social Work, University of Nairobi; BA MA PhD (Nairobi), Lecturer, Department of Sociology and Social Work, University of Nairobi
Source: South African Journal of Criminal Justice, Volume 33 Issue 3, p. 708 – 730
https://doi.org/10.47348/SACJ/v33/i3a10

Abstract

Recidivists are chronic, multiple or prolific offenders. They continue to commit crimes regardless of punishment. Recidivism is a worldwide problem which has persisted over the years. A University of Nairobi study conducted in Nairobi County, Kenya on the linkage between punishment and recidivism which involved recidivist prisoners at Kamiti Maximum Security Prison and Langata Prison; male and female institutions respectively, sought to, among others, analyse the broad characteristics of recidivists in the two institutions. The study purposively selected a sample of 167 participants, and collected data by use of questionnaires, focus group discussions and key informant interviews. Both quantitative and qualitative techniques were utilised in data analysis. The study established that the majority of the recidivists are males, and young adults or individuals in middle age who are either illiterate or semiliterate. They are also not in marital relationships, and are members of the lower social classes among other characteristics. This paper presents a literature review on challenges facing prison institutions in Kenya, causes and control strategies of recidivism among prisoners, general socio-demographic and personality characteristics of recidivists, and the study findings on the profile of the recidivists in Kenya.

Prosecuting and punishing copyright infringements in South Africa: A comment on the Copyright Amendment Bill, B13B-2017

by | Feb 14, 2021 | SACJ, SACJ V33 I3 2020

Prosecuting and punishing copyright infringements in South Africa: A comment on the Copyright Amendment Bill, B13B-2017

Author: Jamil Ddamulira Mujuzi

ISSN: 1996-2118
Affiliations: LLB (Makerere) LLM (Pretoria) LLM (Free State) LLD (Western Cape), Professor of Law, Faculty of Law, University of the Western Cape
Source: South African Journal of Criminal Justice, Volume 33 Issue 3, p. 731 – 751
https://doi.org/10.47348/SACJ/v33/i3a11

Abstract

Section 27(6) of the Copyright Act provides for penalties to be imposed on those convicted of infringing copyright. In terms of s 27(6), a person who infringes copyright is liable to be sentenced to a fine or to imprisonment or to both a fine and imprisonment. The Copyright Amendment Bill (which was passed by parliament in early 2019), introduces, amongst other things, minimum sentences for juristic persons convicted of infringing copyright. The purposes of this article are: to highlight high court decisions dealing with the prosecution of people who have infringed copyright; recommend ways in which copyright owners may invoke their right to institute a private prosecution as one of the means to protect their rights; highlight the limitations of the right to institute a private prosecution; and to highlight the challenges that are likely to be faced in the implementation of the minimum sentences introduced by the Copyright Amendment Bill.

The overlap between the common law and Chapter 4 of the Prevention of Organised Crime Act: Is South Africa’s anti-gang legislation enough?

by | Dec 5, 2020 | SACJ, SACJ V33 I2 2020

The overlap between the common law and Chapter 4 of the Prevention of Organised Crime Act: Is South Africa’s anti-gang legislation enough?

Author Delano Cole van der Linde

ISSN: 1996-2118
Affiliations: LLB (Stell), LLM (Stell), LLD (Stell), Lecturer, Faculty of Law, North-West University. This article is written based on research conducted for my LLD dissertation at Stellenbosch University
Source: South African Journal of Criminal Justice, Volume 33 Issue 2, p. 273 – 301

Abstract

The Prevention of Organised Crime Act 121 of 1998 (POCA) was promulgated in order to, inter alia, supplement the common law insofar it was ineffective in dealing with criminal gang activity, particularly in the Cape Flats in the Western Cape. However, the new measures appear to be substantially similar to the common law, therefore, nullifying the raison d’être. This article examines the extent to which the existing common law modalities overlap with the measures promulgated under POCA and attempts to identify those scenarios in which it would be more advantageous to utilise either the former, the latter or potentially both. It is submitted that if the extent of the overlap is so great that the common law modalities and the measures under POCA are indistinguishable, then supplementary or replacement legislation should be considered.