Abstract
The post-1994 transition in South Africa brought about a restructuring of the criminal justice system, the abolition of a number of laws and operating procedures, and the formulation of a range of new ones. Since the mid-1990s levels of recorded crime, especially violent crime, have increased significantly in South Africa. One reason for the increase in crime levels has been the government's inability to improve the operational effectiveness of the criminal justice system. Many crimes are not reported to the police. Of those that are recorded, less than 10% result in a conviction. Instead of focusing on fixing a range of operational and managerial weaknesses in the criminal justice system, South African policy makers have responded to rising crime levels by adding to the statute book. Reasons include consistently high levels of crime, public pressure and a general perception that the country's Constitution is overly protective of the rights 'of criminals' at the expense of law abiding citizens. While some operational improvements are being undertaken on the criminal justice system, these are mainly long-term initiatives which do little to reduce crime in the short-term. Tougher laws have gone hand in hand with robust police action, whereby a few hundred crime suspects die in police custody every year and hundreds more are killed through police action. There has also been a notable shift away from long-term policy making and crime prevention towards tough and visible law enforcement. Tough legislation and law enforcement policies are likely to fail in their aims if they are not properly implemented and used by the personnel of the criminal justice system. Many forms of crime, especially serious premeditated crime of the kind committed by organised crime syndicates, can be effectively combated. What is needed are fewer laws backed up by a well-run and adequately resourced criminal justice system staffed by trained and motivated personnel.
Highlights
The post-1994 transition in South Africa brought about a restructuring of the criminal justice system, the abolition of a number of laws, policies and operating procedures and the rapid formulation of a plethora of new ones
This, as well as the increase in the number of cases processed in the South African criminal justice system, has resulted in the operational weakening of a number of criminal justice functions.[1]
Reasons for the change include consistently high levels of crime, operational demands and weaknesses of the criminal justice system, public pressure, and a general perception that the Constitution is overly protective of the rights ‘of criminals’ at the expense of law abiding citizens
Summary
The post-1994 transition in South Africa brought about a restructuring of the criminal justice system, the abolition of a number of laws, policies and operating procedures and the rapid formulation of a plethora of new ones. This, coupled with a criminal justice system incapable of meeting the increasing operational demands placed upon it, is resulting in the sidelining of civil liberties and the constitutional rights of crime suspects and convicted offenders. While the NPA is able to obtain a conviction for most offenders it prosecutes, the number of cases taken on by the prosecution service has declined at a time when recorded crime is increasing. Many communities in South Africa are increasingly engaging in vigilante activity This is largely as a result of popular perceptions that the country’s post-1994 constitutional order and criminal justice system are at best ineffectual when it comes to fighting crime or, at worst, afford greater protection to criminals than law abiding citizens.
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