Note: Minimum sentences for rape involving more than one perpetrator – Recent case law [Director of Public Prosecutions, KwaZulu-Natal Pietermaritzburg v Ndlovu (888/2021) [2024] ZASCA 23 (14 March 2024)]

by | Dec 7, 2024 | SACJ, SACJ V37 I2 2024

Note: Minimum sentences for rape involving more than one perpetrator – Recent case law [Director of Public Prosecutions, KwaZulu-Natal Pietermaritzburg v Ndlovu (888/2021) [2024] ZASCA 23 (14 March 2024)]

Author: Jolandi le Roux-Bouwer

ISSN: 1996-2118
Affiliations: Professor, Department of Criminal and Procedural Law, University of South Africa
Source: South African Journal of Criminal Justice, Volume 37 Issue 2, p. 235 – 247
https://doi.org/10.47348/SACJ/v37/i2a4

Abstract

None

Inclusive pre-sentencing reports for children who conflict with the law: Applying and executing section 71 of the Child Justice Act

by | Aug 10, 2024 | SACJ, SACJ V37 I1 2024

Inclusive pre-sentencing reports for children who conflict with the law: Applying and executing section 71 of the Child Justice Act

Authors: Maryna Human, Leandré C Geoffrey and Theophilus Lazarus

ISSN: 1996-2118
Affiliations: PhD; School of Criminal Justice, University of South Africa; BA(Hons) MA PhD (Unisa); Senior Lecturer, Department of Criminology and Criminal Justice, University of Limpopo; PhD MNAN (USA); Adjunct Professor, Department of Psychology, Emory University, Registered Neuropsychologist (Health Professions Council of South Africa)
Source: South African Journal of Criminal Justice, Volume 37 Issue 1, p. 1 – 20
https://doi.org/10.47348/SACJ/v37/i1a1

Abstract

Despite the progressive nature of the Child Justice Act (CJA) to uphold the best interest principle of all children who come into conflict with the law, s 71(1) and (2) of the CJA that outlines the pre-sentencing evaluation reports required for sentencing, fail to meet and uphold this objective. This is of particular importance given the multi-complex and multi-faceted advancements in scientific findings regarding the development of criminal behaviour in children. This paper reviewed and concluded the following key aspects pertinent to the execution of pre-sentencing reports: (1) practitioners are not provided with clear guidelines specifying key factors that need emphasis in the pre-sentence reports; (2) practitioners are often inexperienced in child development (brain and psychological) processes and lack the requisite knowledge and skills in crime causation to compile the reports; and (3) the best interest principle is hampered by a severe staffing problem, heavy workloads, and tight timeframes governing the compilation and submission of reports.
This submission was primarily influenced by the findings from research that explored and subsequently developed an action plan for criminologists with a view toward specialisation in child justice. A literature review and analysis of pre-existing findings from the aforesaid research, coupled with reviews of academic literature from various academic scientific sources formed the basis of the arguments presented in this submission.

Barcoding banknotes: Moving towards a system addressing cash anonymity in money laundering and terrorist financing operations

by | Aug 10, 2024 | SACJ, SACJ V37 I1 2024

Barcoding banknotes: Moving towards a system addressing cash anonymity in money laundering and terrorist financing operations

Author: Ruann Jansen van Vuren

ISSN: 1996-2118
Affiliations: Bcom (Law) LLB (Stell), Paralegal to Advocate LJ Van Tonder SC
Source: South African Journal of Criminal Justice, Volume 37 Issue 1, p. 21 – 47
https://doi.org/10.47348/SACJ/v37/i1a2

Abstract

The anonymity in cash transactions present a significant hurdle in financial crime prevention. The central issue in addressing illicit cashflows lies in the difficulty to distinguish between licit and illicit cashflows amongst countless daily cash transactions. Addressing the issue poses the challenge of identifying a balance between an extreme of total surveillance, which can impinge on freedoms and disrupt cash-dependant economies, and total inaction, which allows illicit flows to persist. Between these two extremes lie various middle paths, some more effective than others in striking the required balance. Through an examination of the historical landscape of money laundering, the evolution of countermeasures, and the exploitation of gaps by criminals, a technologically advanced solution is proposed. In this regard, the implementation of traceable barcodes on banknotes aims to enhance transparency and traceability in financial dealings. A barcoded system is an innovative strategy to tackle money laundering and terrorist financing. This article assesses the viability, potential impacts and challenges of this system in policy formulation and economic frameworks, contributing to the discourse on enhancing anti-money laundering and counter-terrorist financing measures.