The ambit and purpose of the crime of public violence

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

The ambit and purpose of the crime of public violence

Author: Shannon Hoctor

ISSN: 1996-2118
Affiliations: BA LLB LLM (UCT) DJuris (Leiden) PG Dip (Latin) (Wales Trinity Saint David); Professor, Department of Public Law, Faculty of Law, Stellenbosch University
Source: South African Journal of Criminal Justice, Volume 37 Issue 3, p. 289-312
https://doi.org/10.47348/SACJ/v37/i3a1

Abstract

The roots of the crime of public violence may be found in Roman law, but the modern South African crime has developed through case law, principally based on the definition of the crime found in the works of the Roman-Dutch institutional writer Van der Linden. While there is wide agreement regarding the elements of the crime, the content of such elements is not always very clear and is subject to the qualifying element of the crime: that the conduct should assume serious dimensions. It is contended that the crime may be committed by means of force rather than violence and that this can occur in the context of either the disturbance of peace and security or the invasion of the rights of others. Moreover, it is pointed out that the structure of the crime incorporates the common purpose doctrine, where liability is based on the accused’s conduct in associating himself or herself with the crime being committed, rather than personally committing the unlawful conduct. The implications of these aspects are explored in the context of the application of the crime of public violence to unlawful protest actions.

Forged in secrecy, sealed in blood: The origin, initiation, symbolism, hierarchy and power dynamics within devil-worshipping gangs in the Free State province

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

Forged in secrecy, sealed in blood: The origin, initiation, symbolism, hierarchy and power dynamics within devil-worshipping gangs in the Free State province

Authors: Ashwill Phillips & M Cronje

ISSN: 1996-2118
Affiliations:BA BA (Hons)(Crim) MA (Crim) (UFS); Lecturer, Department of Criminology, University of the Free State; PhD (Crim) (UKZN); Lecturer, Department of Criminology, University of the Free State
Source: South African Journal of Criminal Justice, Volume 37 Issue 3, p. 313-339
https://doi.org/10.47348/SACJ/v37/i3a2

Abstract

An investigation by the South African Police Service in 1997 led to the discovery of a devil-worshipping group or ‘evil church’ that moved from parts of northern Africa and settled in Maseru, Lesotho. This group allegedly combined elements of the occult with traditional African witchcraft, giving rise to what local communities refer to as ‘devil-worshipping gangs’. Since 2011, these groups have evolved and spread throughout the Free State province, perpetrating crimes which range from murder to organ trafficking and rape. They have gained notoriety for committing ‘spiritually motivated’ crimes that include the consumption of human flesh, ritual stabbings, and purported communication with demonic entities. Despite their infamy, and the fear their gang-related practices induce, not much is known about these youth gangs. Extant research is primarily based on secondary data obtained from service providers and desktop analyses. Their enigmatic nature and complex structures also serve to complicate crime prevention efforts in communities, posing a plethora of social challenges and exacerbating crime rates. Accordingly, a qualitative study was conducted with 39 detained male offenders and 18 service providers to explore the existence of these groups and their unique practices related to initiation, symbolism, hierarchy and occult belief system.

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.