Criminal Justice ProgrammeOur Programme and its Projects
- Human rights and treatment of prisoners
- Racism and discrimination in prisons
- Sex, sexual violence and coercion in prisons
- Young offenders
- Prison violence and gangs
- Victim-offender Conferencing (VOC)
- Overview of our work in the field of police integrity, accountability and human rights
- Tackling police corruption
- Police integrity and transformation
- Police integrity and management
- Lethal force
- Civilian oversight of police
- Witness management and protection
- Human rights training manual for police
- Criminal justice system performance
Prisons and Penal Reform
Since 1994, South Africa's prison population has grown alarmingly. In June 2002, prisons housed up to 177 440 prisoners and were 161% full nationally.
In the last few years there have been some very positive developments around prisons and penal reform, including the recognition of prisoners' rights, amendments to the correctional services legislation, and changes in policy governing the treatment of prisoners, safe custody and the implementation of reintegration and development programmes.
Yet it is difficult to implement these positive developments in light of prison overcrowding and relative understaffing of the prisons. To add to this there has recently been exposure of alleged corruption and maladministration in prisons through evidence presented to the Jali Commission of Enquiry into corruption in prisons. Corruption makes it almost impossible for committed correctional officials to implement new policies and render effective services. Through our Programme and our projects we aim to make a positive impact within this challenging context.
Human rights and treatment of prisoners
Our work aims to promote a culture in which prisoners are respected and treated with dignity. Since most prisoners are released into society at some stage, it is important that they be given every opportunity for positive development while in prison, and of being integrated into society when they are released.
The CJP monitors the development and implementation of policy around human rights and treatment of prisoners. We make relevant inputs into this process where appropriate. In addition to policy work, we have conducted human rights training for prisoners and members of the Department of Correctional Services. We also participated in training officers of the Judicial Inspectorate and independent prison visitors.
We do policy research on penal reform. See article Reform and Stasis: Transformation in South African Prisons.
For more information about this work, contact Amanda Dissel at adissel@csvr.org.za
Racism and discrimination in prisons
Although South Africa's prison population is roughly representative of the racial demographics of the country, there are issues of discrimination that affect both staff and inmates. This is obviously a cause for concern because of the human rights issues at hand, and because of tremendous tension and volatility that builds up in discriminatory environments.
This is why we partnered with Penal Reform International (PRI) to conduct a study on racism and discrimination in South African prisons. The research report is called Racism and Discrimination in the South African Penal System. It traces the legacy of apartheid in the penal system and recommends specific strategies for tackling racism more directly. To order a copy, contact Bilkees Vawda at bvawda@csvr.org.za
For more information about this work contact Amanda Dissel at adissel@csvr.org.za
Sex, sexual violence and coercion in prisons
Those who have any knowledge of life in South African prisons know that sex, sexual violence and varying levels of sexual coercion do occur. But the subject of sex in prison tends to remain an uncomfortable one and has received little in-depth attention. Yet it impacts enormously on the lives of prisoners, prison communities and - as prisoners are released - on society outside of prisons.
It is crucial that we have a better understanding of sexual interactions and violations amongst male prisoners. This is especially because of the reportedly high incidence of sexual violence behind prison walls, the transmission of HIV, and the potential challenges that various sexual experiences in prison may pose for offenders when they are released. Prison communities and our society as a whole is affected. Prison is a powerful socialising experience that former prisoners inevitably infuse in their world outside prison once they are released.
Our research
In 2001 and 2002 we conducted research with prisoners and ex-prisoners to understand the context in which sex relations and sexual violence occur inside male prisons, and of their relationship to inmate subculture, gang activity and notions of dominant masculinity. Our research also looks at how sexual violence and coercion in prison impacts both on prisoners and on society, when prisoners are released.
Through offering a deeper understanding of these issues, we hope to play a part in helping to reduce sexual violence and coercion in prisons, and to contribute to healing its effects.
You can order our research report titled Daai Ding: Sex, sexual violence and coercion in men's prisons by contacting Bilkees Vawda at bvawda@csvr.org.za.
You can find out more about this work by contacting Sasha Gear at sgear@csvr.org.za or visiting our Publications.
Young offenders
Over the last three years we have been involved in research and interventions which aim to understand the nature and causes of youth criminal behaviour. Through our work, we have developed an understanding of the problems and issues facing young people in prison, as well as the problem of them lapsing into crime once out of prison.
Vuka S'hambe programmes
Arising from our research we have initiated life skills programmes for young women and men offenders in Johannesburg prison. We aim to build their resilience so that they can cope better in prison, and learn skills that will help them to contribute positively to society when they leave prison. We also encourage young offenders to take greater personal responsibility for their crime, and to create a healing environment for the victim.
Our specific objectives are that, after participating in the CJP life skills programme young offenders will:
- Have stronger self-awareness and personal insight into reasons for engaging in criminal violence.
- Have effective coping skills and enhanced personal strengths and resources.
- Have higher self-esteem and develop more confidence.
- Be able to build positive and stable emotional relationships.
A long-term aim is to contribute to breaking the cycle of violence in youth. Because young people in prisons are highly vulnerable to returning to crime when they are released, we develop interventions that will help them build their resistance to this.
The life skills programme helps young offenders to understand themselves, and to deal with their emotions. The methods we use include music, relaxation techniques, painting, drawing and clay modelling, journal writing, role-plays, rituals and metaphors.
We have had positive responses about our impact from the young participants, and from correctional services officials. We will publish an impact evaluation at the end of 2002, which will help inform future work.
We have also initiated a networking process with other young offender service providers and with the Department of Correctional Services.
To find out more contact Amanda Dissel adissel@csvr.org.za
Prison violence and gangs
In the context of prison overcrowding, we are concerned that levels of violence in prisons are unacceptably high. Prison gangs are one of the primary vehicles for the perpetration of this violence. Yet little is known about prison violence and how it occurs. The CJP has applied to the Department of Correctional Services for permission to conduct an ethnographic research study on prison gangs.
Restorative Justice
"Restorative justice grew out of dissatisfaction with the criminal justice system and its limitations in dealing with issues of crime between the victim and the offender in a more restoring and balanced way. South Africa, having inherited the accusative type of justice system, which is based on punishment, struggles to recognise the victim and the community as key role players in the adjudication of conflict between the victim and the offender face to face. Restorative justice provides an opportunity for dealing with issues of crime in a more comprehensive manner." - Tshegofatso Maswabi, Restorative Justice Initiative project manager
The Restorative Justice Initiative (RJI)
The RJI is a consortium of eight non-governmental organisations. We seek alternative ways to raise awareness and develop a realistic, dynamic and unique South African restorative justice paradigm. The Department of Correctional Services has recently adopted restorative justice as one of its strategies.
The RJI works with organisations that are interested in promoting restorative justice principles and practices. The RJI is made up of these organisations, which serve on its steering committee:
- Alexandra Community Law Clinic
- Conquest for Life
- Centre for the Study of Violence and Reconciliation
- Central Mennonite Committee
- Restorative Justice Centre
- West Rand Justice Centre
- Odi Law Centre
The RJI is currently hosted at CSVR.
The RJI aims to feed into the global justice movement through promoting a restorative justice understanding and practice nationally and internationally. We will do this by offering services in resources, networking, advocacy, research, and project development. We will achieve this through partnerships and alliances.
Victim-offender Conferencing Project
The Victim-offender Conferencing (VOC) Project is the RJI's flagship project. The VOC Project is a creative community-based alternative to dealing with human issues of crime. It does this through face-to-face interaction between offenders, their victims, their respective families and to some extent appointed agents. Highly skilled community mediators/facilitators guide the process. The VOC Project mainly deals with family violence and assault cases that the courts and other agencies refer to it. The process allows the community to play a role in bringing peace to itself.
The VOC Project promotes a broad-based three-tier partnership between itself, the government departments of justice, police, correctional services and welfare, and non-governmental organisations and community-based organisations.
Research
Dissel, A. (2003). Giving a Face to Crime: Report on the Second Phase of the Restorative Justice Initiative Victim Offender Conference Project. Report of the Restorative Justice Initiative, April.
Dissel, A. & Ngubeni, K. (2003). Giving Women their Voice: Domestic Violence and Restorative Justice in South Africa. Paper presented at the XIth International Symposium on Victimology, Stellenbosch, July 2003.
Dissel, A. (2000). Restoring the Harmony: A Report on a Victim Offender Conferencing Pilot Project. Report prepared for the Victim Conferencing Project, October.
To find out more about the RJI's work, contact Tshegofatso Maswabi at rji@rjc.co.za and visit our Publications section of this site.
Also, see the Restorative Justice Centre: http://www.rjc.co.za
Policing
During the apartheid era police focused on suppressing political opposition. To do this they relied extensively on the use of force, torture and fear. Since the birth of democracy in South Africa, police officers are expected to provide professional policing services within a human rights framework. They have to do this in a high crime environment along with increasing public pressure for 'zero tolerance' and harsher treatment of suspects and offenders.
Overview of our work in the field of police integrity, accountability and human rights
Since 1989 the CJP's policing unit has focused on a wide range of issues relating to police transformation in South Africa. In particular, our work aims to support the establishment of accountable policing with integrity as an outcome of the transformation process. This involves working with both the South African Police Service (SAPS) and Metropolitan Police Departments (MPDs) at the local level.
Key areas of our current work in the field of police integrity, accountability and human rights include:
- Understanding and combating police corruption
- Promoting police integrity at station-level
- The management of the use of force by police
- Civilian oversight of the police
- Deaths in custody and custody management
- The police disciplinary system
- Witness and victim management - the development of effective evidence based crime investigation and prosecution in South Africa
- Racism, diversity and policing. Diversity and discrimination in police work are also dealt with by CSVR's Gender Programme.
Our specialist knowledge in these fields provides the basis for work around other issues in the policing and criminal justice field, including crime statistics, community policing, and issues of management and leadership in police organisations.
Some examples of current and recent work include:
Tackling police corruption
The CJP has for a number of years conducted comparative international research on the phenomenon of police corruption. Our research has focused on the nature, causes and consequences of police corruption, and strategies to combat and prevent it. Out of this research we have developed a Police Integrity Management Framework that seeks to highlight the key components for strategically tackling police corruption. During July 2002 we organised and facilitated a Police Anti-Corruption Summit attended by 70 participants representing a range of key role-players from the public sector and civil-society. Opened by the Gauteng Provincial Commissioner of police, Commissioner Peremal Naidoo, the Summit provided the participants with a forum in which key challenges and practical solutions to tackling corruption at station-level could be identified and discussed. These will be incorporated into the Integrity Management Framework and form the basis of pilot projects to be conducted at selected police stations during late 2002 and 2003.
Police integrity and transformation
The Criminal Justice Programme is working on a book called Police Integrity and Transformation: Controlling Police Corruption and Brutality in South Africa. It will be published in 2003. Focusing on the South African police, the book examines efforts that have been made to control police corruption and brutality and to promote police integrity during the process of police transformation in South Africa.
Police integrity and management
We conducted a participatory research project on police integrity and police management with the Hillbrow police station in Johannesburg between 2000 and 2002. One of the key aims was to better understand the challenges facing police managers at station-level in ensuring service delivery and tackling police corruption. The project also aimed to provide practical assistance to the managers of the Hillbrow police station in promoting police integrity. This included designing and facilitating strategic management planning sessions, a management team building exercise and ongoing research briefings. The knowledge and experiences gained from this project will be utilised in the pilot projects envisaged above.
Lethal force
During 2001 CSVR was admitted as amicus curiae to the Constitutional Court in the case S v Walters, dealing with the constitutionality of South Africa's law on the use of lethal force in effecting arrest. The CSVR's evidence to the court was based on years of extensive research it had conducted on the use of force by police, and on deaths as a result of police action. The final judgement, which was handed down in 2002, provided final clarity as to conditions under which police officers and citizens in general, could use lethal force to affect the arrest of a criminal suspect. The CJP's involvement in this case was part of a broader advocacy initiative that was based on the research conducted. This included drafting and circulating a memorandum to parliamentarians and other senior government officials relating to the legal framework on the use of lethal force, writing press feature articles and conducting radio and television interviews.
Civilian oversight of police
During 2000 and 2001 the CJP worked closely with the civilian controlled Independent Complaints Directorate (ICD) on developing a framework for reducing police custody/action deaths. During 2002 we provided training on the civilian oversight of police to the Gauteng Legislature Standing Committee on Safety and Security. We also began to focus on civilian oversight of the Metropolitan Police Departments (MPDs). Towards this end we were involved in a two-day national workshop on Civilian Oversight and Accountability of the MPDs. We have conducted presentations for the Johannesburg Metropolitan Police Department Civilian Oversight Committee on the subject.
Witness management and protection
As part of our witness management project, the CJP has been involved in extensive research to identify and highlight the key shortcomings and best practices for ensuring witness co-operation for criminal investigations and prosecutions. A handbook of best practices in witness management will be released during 2003. The CJP designed and managed research into South Africa's Witness Protection Programme. The aim of the research was to explore the key challenges facing the National Witness Protection Programme. The report on the programme was finalised and publicly released early in 2001.
Human rights training manual for police
The Criminal Justice Programme, along with a training and human rights specialist from CSVR, was involved in developing a Human Rights Training Manual for the Kenyan police in 2001.
Criminal justice system performance
As part of a consortium we have recently conducted research on the performance of the criminal justice system in investigating and prosecuting perpetrators of the violence on the Amplats in the North West and Northern provinces. The CSVR's research also looked at patterns of victimisation during the conflict.
To find out more about our policing work, contact Gareth Newham at gnewham@csvr.org.za or David Bruce at dbruce@csvr.org.za. See our publications list for readings on this topic.
City Safety
Our City Safety project started in 2000 during dynamic and challenging times in South Africa. Many of the country's major cities were already considering establishing metropolitan police services, and were looking into how they could contribute to crime prevention. With the local government elections, unicity structures were established in our six largest urban centres. Local government has taken on new areas of responsibility, including crime reduction and prevention - and the task of enforcing new by-laws.
We tune our expertise into helping the cities grapple with and find solutions to the challenge of improving crime prevention, reducing crime and enforcing local by-laws. We have always maintained that effective crime reduction should include both understanding and addressing the social causes of crime as well as effective law enforcement. It is from this belief that we work.
Our work
Our work in the field of city safety is multi-facetted. We:
- Conduct research into local level crime reduction and prevention.
- Do training, facilitation and capacity building for local government officials - and more recently for councillors.
- Facilitate networking and information sharing between cities, to document best practices and promote lesson learning. Twice a year we hold national workshops with officials and sometimes councillors from the six metropolitan municipalities we work with.
- Do consultancies.
Our work takes place in the context of increased public pressure to address crime, the increased responsibility that local governments have for crime reduction, and the newness for most cities to have to handle crime prevention and reduction.
Aims of our city safety project
Through our work we aim to:
- Enhance metropolitan local authorities' capacity to improve safety and security in their jurisdictions.
- Contribute to knowledge about urban safety in South Africa.
- Assist metropolitan local government to increase their capacity for by-law enforcement and crime prevention.
Where we work
We work with South Africa's six largest cities: Cape Town, Durban, Ekurhuleni (East Rand), Johannesburg, Nelson Mandela Metro (Port Elizabeth) and Tshwane (Pretoria).
Recent research reports
We have recently published research on the following topics:
- An assessment of the state of by-law enforcement in the country.
- The state of local government social crime prevention in South African cities.
- City specific reports on the safety and security arrangements in each of the metropolitan cities.
- The state of municipal policing in South Africa.
- A baseline report on local government crime reduction efforts in the Nelson Mandela metropole.
Research themes we are pursuing include:
- youth crime prevention
- urban renewal
- victim awareness and trauma management
- local government responsibilities towards, and challenges in providing services for refugees in South Africa's metropolitan cities.
We attempt to ensure that our research is translated into interventions that will contribute to violence prevention and the promotion of reconciliation. We do this through training and facilitating workshops, for example.
Because of the nature of our work, we collaborate a great deal with other departments at the CSVR, thereby strengthening and cross-fertilising our work.
This project has ended. For further information please contact Amanda Dissel at adissel@csvr.org.za.
Rural Safety
Through South Africa's recent local government demarcation process, many metropolitan regions were expanded to incorporate large rural areas. The Rural Safety project will expand on the work of our City Safety project, and look at these rural parts of urban areas.
The project aims to provide knowledge about the nature of crime in rural areas, and to enhance local government's capacity to address rural safety needs.
The project's focus areas
We will focus on the three metropolitan areas most affected by the incorporation of the rural areas. They are the cities of Durban, Tshwane and Ekurhuleni. These areas also present the diversity of South Africa's people and governance arrangements.
The study will focus on:
- The safety and security services that government provides in rural parts of the three metropolitan areas.
- Rural residents' fears, perceptions and attitudes towards crime and violence.
- Rural areas' resources, caseloads, nature of crime, backlogs and facilities of crime reduction agencies.
- Gender based violence in the rural areas: the way that these cases are dealt with, and women's access to formal and informal safety.
The project commenced in October 2002.
To find out more about this new project, contact Amanda Dissel at adissel@csvr.org.za