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Can you use lethal force to protect your property, and if so, when? South Africans are confused about how much force they can use in defending themselves from crime, and mistakes in this area could have disastrous consequences. While the law remains unclear, the constitutional right to life is likely to be given precedence over the right to protect property. Anton du Plessis explains the use of lethal force to defend property.
Themba Masuku investigates national monitoring of police conduct. Publicly available data on police misconduct and the use of force has been found to be unreliable and inconsistent. Such information is important for public accountability, but also for police managers to monitor their staff and thereby improve performance and service delivery.
Reducing crime is not just about making arrests and convicting criminals. The social and economic inequalities that cause crime require ‘crime prevention’ measures that can take years to show any results. But there is an alternative. Ted Leggett argues for locally based interventions that can change social behaviour in the short term and have an immediate impact on safety and security. By-laws, for example, can be used to target those with something to lose and to regulate the ‘free-for-all’ environment that grips many of our inner cities.
Duxita Mistry sheds light on the 2003 National Victims of Crime Survey, showing that crime levels, as measured by the surveys, have indeed declined since 1998. Public sentiment the do not reflect this good news however – feelings of safety are much worse now than they were five years ago.
Lillian Artz writes the second in a series of articles on the Domestic Violence Act considers some of the most difficult issues that magistrates must decide on. These include the temporary removal of the ‘abuser’ from the common home, emergency monetary relief for ‘victims’, and orders specifying the terms of contact with children. Magistrates’ opinions on these controversial issues vary greatly, with the result that victims get uneven assistance from the courts. Magistrates, however, argue that the variation of opinion reflects their independence and discretion, as well as the various capacities of the lower courts to implement the Act.
The ‘Scorpions’ are probably the most recognised law enforcement body in South Africa. Yet their existence appeared to be under threat during 2003 when highly placed figures suggested that they ‘cherry-pick’ their cases, and are open to political manipulation. Jean Redpath discusses the tough questions for the Scorpions.