JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Volume 4(2) - 2000



Editorial 2000 (2)


Crime and criminal violence are probably the most important obstacles to public acceptance of human rights. This can certainly undermine the achievement of a human rights culture in South Africa's young democracy.

The University of the Western Cape and the University of Ghent in Belgium hosted a conference on...




Fighting crime while promoting human rights in the police: The court and the prisons in South Africa

 Sarkin, Jeremy 

Jeremy Sarkin argues that the high levesl of crime in South Africa undermine good governance and have a negative impact on the economy and on human rights, The problem is exacerbated by a poorly functioning criminal justice system. However, government has taken steps to address many of the problems.



Irreconcilable differences? Building a human rights culture and dealing with crime in post-apartheid South Africa

 Pigou, Piers 

Many people, Piers Pigou argues, have very limited awareness of human rights. While many agree that crime is a symptom of social inequality, a number of myths have arisen û for example, that the Constitution contributes to crime because it protects criminals or that capital punishment will reduce crime.



Local capacity policing

 Shearing, Clifford 

Private sector security companies now routinely provide services that used to be the sole preserve of the police. Clifford Shearing argues that this is a positive development because people can choose which policing service to buy, enabling them to gain greater control over their lives.

While acknowledging that the...


Pre-trial detention: Its impact on crime and human rights in South Africa

 Steyn, Esther 

Esther Steyn critically examines the restrictive 1997 law on bail and the Constitutional Court's failure to uphold the internationally recognised right of a suspect to liberty while awaiting trial. The perception that bail is granted too easily, that this contributes significantly to crime and that restrictive bail laws are...


Should fighting organised crime be a priority as South Africa deals with crime and human rights, and does the need to combat crime justify extraordinary measures that may limit rights?

 Redpath, Jean 

Jean Redpath, who has systematically visited police stations and interviewed police officers, classifies crime as economic and violent crime. Most economic crime, in her view, is opportunistic.

Violent crime is divided into five categories: 1) murder, attempted murder and assaults; 2) domestic violence; 3) gang and organised crime-related violence; ...


The pathological malaise within the criminal justice system: Why the courts are not seen to be delivering

 Fernandez, Lovell 

Lovell Fernandez argues that predictability must be restored to the justice system: potential offenders must know that if they commit a crime, there is a very strong possibility that they will be arrested, convicted and sentenced. The article outlines efforts being made to improve the functioning of the courts.



The role of the ICD in dealing with crime and human rights within the SAPS

 Salojee, Riaz 

The Independent Complaints Directorate is an independent body that monitors and investigates complaints against the South African Police Service. Riaz Salojee discusses the legal framework, activities, successes and challenges that have faced the directorate and explains how he sees the ICD supporting the development of an approach to policing...


Tough on crime and strong on human rights: The challenge for us all

 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.





FORUM CONTRIBUTION: A New Constitution and a Bill of Rights

 Langa, Pius 

Deputy Chief Justice Pius Langa argues that, while the advent of the constitutional era is very significant, the Constitution is only a guideline for nurturing the life of the nation. With rights go responsibilities.

Being able to exercise our rights also requires us to respect the rights of others...