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.

Rethinking informers in transitional justice in liberal times: A review of Informers Up Close: Stories from Communist Prague by Mark A. Drumbl and Barbora Holá

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

BOOK REVIEW

Rethinking informers in transitional justice in liberal times: A review of Informers Up Close: Stories from Communist Prague by Mark A. Drumbl and Barbora Holá

Author: Jean Chrysostome K. Kiyala

ISSN: 1996-2118
Affiliations: Durban University of Technology
Source: South African Journal of Criminal Justice, Volume 37 Issue 3, p. 459 – 462
https://doi.org/10.47348/SACJ/v37/i3a9

Abstract

None

Promotion of financial inclusion for low-income earners in South Africa

by | Apr 19, 2025 | SAMLJ, SAMLJ V36 I3

Promotion of financial inclusion for low-income earners in South Africa

Author: Jean Chrysostome Kanamugire

ISSN: 1996-2185
Affiliations: Senior lecturer, North-West University
Source: South African Mercantile Law Journal, Volume 36 Issue 3, 2024, p. 361 – 377
https://doi.org/10.47348/SAMLJ/v36/i3a1

 Abstract

Financial inclusion is a necessary global responsibility for policymakers to ensure sustainable long-term growth and it is also considered to be a strong foundation for human development. The current financial system in South Africa does not include all members of society, especially low-income earners. Different factors attract the privileged members of society into the financial system and exclude low-income earners and the poor from participating in financial markets. The current legal framework and policies are inadequate in giving the poor and low-income earners access to the financial services and products offered by financial institutions. This article provides an analysis of legislation related to financial inclusion and discusses the role-players that significantly impact the inclusion of low-income earners in the financial markets. The barriers to financial inclusion will be discussed, and measures will be proposed to promote financial inclusion for low-income earners in South African markets. Furthermore, factors that promote financial inclusion, such as internet access, will be discussed.

Should payment of additional remuneration to business rescue practitioners outside section 143 of the Companies Act be prohibited?

by | Apr 19, 2025 | SAMLJ, SAMLJ V36 I3

Should payment of additional remuneration to business rescue practitioners outside section 143 of the Companies Act be prohibited?

Authors: Motseotsile Clement Marumoagae & Kiyasha Thambi

ISSN: 1996-2185
Affiliations: Professor, University of the Witwatersrand, School of Law; Lecturer, University of Johannesburg, Department of Mercantile Law
Source: South African Mercantile Law Journal, Volume 36 Issue 3, 2024, p. 378 – 397
https://doi.org/10.47348/SAMLJ/v36/i3a2

 Abstract

Certain nuances relating to rescue proceedings inadvertently place a practitioner under staid constraints, hindering the execution of statutory duties. Nevertheless, section 143(1) of the Companies Act 71 of 2008 (‘the 2008 Act’) provides for the remuneration of business rescue practitioners, based on a prescribed tariff. Where practitioners find these tariffs non-commensurate, they may propose the payment of additional remuneration payable on a contingency basis. In certain circumstances, the acceptance of a ‘success fee’ by a practitioner could possibly constitute a breach of the practitioner’s duty to act with the utmost good faith. Despite incentives in South Africa encouraging practitioners to adopt workable and successful business rescue plans, some practitioners continue to negotiate for the payment of success fees. The 2008 Act is silent on the lawfulness or otherwise of success fees. This article discusses the practitioners’ remuneration arrangements concluded during rescue proceedings to determine whether they should be permitted to negotiate success fees. Furthermore, it reflects on the fiduciary duties (if any) that practitioners owe to the companies for which they are mandated to rescue.

Defining corporate social responsibility, corporate social investment and corporate philanthropy for South Africa

by | Apr 19, 2025 | SAMLJ, SAMLJ V36 I3

Defining corporate social responsibility, corporate social investment and corporate philanthropy for South Africa

Author: Margaretha J Preston

ISSN: 1996-2185
Affiliations: Senior Lecturer, Faculty of Law, North-West University
Source: South African Mercantile Law Journal, Volume 36 Issue 3, 2024, p. 398 – 422
https://doi.org/10.47348/SAMLJ/v36/i3a3

 Abstract

Section 18A, read with section 30 and the Ninth Schedule to the Income Tax Act 58 of 1962 (ITA), provides a legal framework for a deduction against taxable income of philanthropic contributions to defined nonprofit public benefit organisations in South Africa. This premise and the defined public benefit activities listed in the Ninth Schedule to the ITA formed the foundation for conducting a systematic literature review. The purpose of this research was to construct definitions for the concepts of corporate social responsibility (CSR), investment (CSI), and philanthropy (CP), specifically for the South African context. The research was qualitative in nature and employed a three-stage inductive research method. Atlas.ti 23 was used to assist in the data collection and thematic analysis process. Deductive reasoning was used as the final step to interpret the identified themes and employ the frequency of codes to develop the definitions. The result was the drafting of South African context-related definitions for each concept of CSR, CSI, and CP. The value of this research is twofold: the themes/characteristics included in the proposed definitions were determined through transparent and scientific methods. Secondly, each definition can be uniform for that specific concept (whether CSR, CSI, or CP), and researchers (at least for the South African case) no longer have to rely on general definitions.