Volume: Volume 4(2) - 2000

Article type: Refereed article

Author/s: Calland, Richard and Thabani Masuku

Richard Calland and Thabani Masuku argue that being tough on crime and strong on human rights is demanded by the Constitution and possible within the constitutional jurisprudence that has emerged. Fighting crime means preventing criminals from infringing the rights of ordinary people and from undermining stability and good governance.

However, this must be done within the constitutional paradigm without unjustifiably limiting the rights of criminal suspects. Hysteria against crime and the need to see that something is being done can promote the anti-rights agendas of vigilante groups. Being tough on crime, it is concluded, also requires being tough on its causes by seriously addressing socio-economic development.

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