JUST AFRICA Vol 7

All - Africa Journal of Criminal Justice No 2/2022

Editor-in-Chief Editorial Board

Dr. Divya Singh South African representatives
e-mail: [email protected] Prof. Jaco Barkhuizen University of Limpopo
Prof. Nicolene du Preez UNISA
Editorial Manager Prof. Jacob Mofokeng Tshwane University of Technology
Dr. Kobus Schwartz South African Police Service
Jeanette Smit
Dr. Divya Singh STADIO (Editor-in-Chief)
e-mail: [email protected]
Dr. Phillip Vuma South African Police Service

Assistant Editorial Manager International Academics

Annalise Kempen Dr. James Albrecht Pace University, USA
e-mail: [email protected] Dr. Ezeji Chiji Caleb University, Lagos, Nigeria
Prof. Ghandi India
Editorial/Management Committee Prof. Rajendra Gunputh University of Mauritius
Dr. Divya Singh STADIO Dr. Demelash Kassaye Addis Ababa University, Ethiopia
Jeanette Smit STADIO Dr. Gráinne Perkins Office of Police Accountability,
Annalise Kempen SARP Publishers Seattle, Washington, USA
Prof. Elmarie Sadler STADIO Dr. Stefan Schulz Namibia University of Science and
Dr. Leah Mofomme STADIO Technology

JUST AFRICA is a peer-reviewed academic journal that promotes academic and professional discourse and the publishing of
research results on the subject of crime and criminal justice and other crime-related phenomena in the broad Criminological
Sciences and applied field of criminal justice.

JUST AFRICA was previously published by the ALL AFRICA CRIMINAL JUSTICE SOCIETY (ACJUS) (first published in 2013).

STADIO and SARP Publishers, the publishers of Servamus Community-based Safety and Security Magazine, were granted permis-
sion to continue with the publication of JUST AFRICA and have joined forces to do so, combining their respective academic
and publishing experience.

Copyright: STADIO & SARP Publishers.

Indemnity: The opinions expressed in this Journal are not necessarily those of the Editorial team, STADIO or SARP Publishers.

ISSN: 978-0-620-61064-3

The JUST AFRICA Journal can be accessed at:

http://www.servamus.co.za/index.php/journal & https://servamusmagazine.co.za/new/journals/
or https://journals.co.za/content/journal/ajcj

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CONTENTS
FOREWORD
TOWARDS AFRICANISATION, COMMUNITY POLICING AND POLICE LEGITIMACY 4
Dr. Kobus Schwartz

LEGAL TALK
CASE LAW 6
Dr. Marga van Rooyen
LEGISLATIVE DEVELOPMENTS 8
Dr. Marga van Rooyen

ARTICLES
A COMPARISON BETWEEN THE CRIME PREVENTION STRATEGIES OF THE 10
SOUTH AFRICAN POLICE SERVICE AND THE FEDERAL POLICE OF BRAZIL
David D. Koopman & Dr. Phillip R. Vuma

BUILDING TRUST BETWEEN POLICE AND THE COMMUNITY: 18

A DESCRIPTIVE STUDY OF THE APPLICATION OF COMMUNITY POLICING IN
EASTERN WOLEGA ZONE, OROMIYA REGIONAL STATE OF ETHIOPIA
Dr. Comdr. Demelash Kassaye

EXPLORING THE DIFFERENT MANAGEMENT ROLES OF POLICE IN THE 27

CRIMINAL JUSTICE SYSTEM IN THE THOHOYANDOU AREA
Lufuno Rasivhaga & Dr. Alice Maree

AN EXPLORATION OF SEXUAL SADISTIC ACTS ON NON-CONSENTING 36

FEMALE VICTIMS IN SOUTH AFRICA
Prof. Christiaan Bezuidenhout, Bianca Gahler & Dr. Melanie Moen

BOOK REVIEW
POLICING IN AFRICA: TOWARDS AN AFRICAN EPISTEMOLOGY 46
Prof. Jacob Mofokeng

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Just Africa 2/2022
FOREWORD
Towards Africanisation, community
policing and police legitimacy

Dr. Kobus Schwartz

Research Division
South African Police Service

T
he JUST AFRICA Journal focuses on academic and clear to communities that they can rely on the police and trust
professional discourse on crime, the criminological them. When victims of crime or communities close to the
sciences and the applied field of criminal justice. victims experience poor police responses and disappointing
investigative outcomes, they internalise these police failures as
In recent years we have debated issues such as the decolonisa- procedural unfairness, a stigma that law enforcement agencies
tion (Govender, 2018; Kessia, Marks & Ramugondo, 2020) and will carry for years to come. To this end, this issue of JUST
Africanisation (Pratton, 2017; Beek, Göpfert, Owen & AFRICA publishes a discussion by Demelash Kassaye on
Steinberg, 2017) of policing and criminal justice systems. Much building trust between police and the community in Ethiopia.
of the search for unique solutions to unique challenges involves The author discusses the implementation of community
a move away from dominant Western views (Dyck, 2022; Smit, policing and its impact on public confidence and the lack of
Alemika, Botha, Ngantweni & Van Mollendorf, 2023). This is trust between the police and communities.
discussed in this issue in a review of Policing in Africa:
Towards an African epistemology. While police agencies aim to secure safety and security using all
possible means, they are scrutinised by civil society.
The desire to break the strong Western influence on African Communities want to feel safe where they live and work and be
countries was expressed by prominent politicians in South able to trust the police to respect their rights and dignity. Signs
Africa and the region when they indicated that they might of police brutality place pressure on policymakers to develop
resign from the International Criminal Court and move to measures to de-escalate police violence. If this is not done,
establish an African Criminal Court (Uwazuruike, 2021). Given police legitimacy is weakened. Given the rapid evolution of
this scenario, several discourses on African countries' law crime and the scarcity of resources globally and specifically in
enforcement agencies have re-emerged. The first is which Africa, policing must expand to protect natural resources such
policing philosophies or methods are most suited for, or accept- as water and minerals.
ed in, African contexts; the short answer is community policing.
Even though in many cases community policing does not work, Police policymakers will not only be confronted by changes in
involving the community in identifying and solving problems thought patterns and behaviour in communities or their own
driven by unique international, regional and local forces seems human capital; they will also have to consider technological
to be the best approach for law enforcers (Dyck, 2022). These changes, which provide a myriad of applications used by crimi-
forces, whether economic, political or even technological, nals to exploit the vulnerable. Police training methods must
prompt police agencies to adapt new ways of thinking and keep up with the new skills sets needed, despite decreasing
develop new approaches to policing. budgets for law enforcement. Policymakers in Africa, where
police mandates often also include the protection of fauna and
In African countries, where citizens are often exposed to flora, must understand the complex operational requirements
military conflict, an appropriate policing approach is critical for affecting law enforcement agencies' ability to implement crime
effective functioning of the criminal justice system. However, prevention strategies. In this regard, David Koopman and Phillip
regardless of the policing model applied, police actions should Vuma discuss the crime prevention strategies of the South
demonstrate and strengthen police legitimacy. It should be African Police Service and the Federal Police of Brazil.

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In practical terms, police leaders need to realign their manage- LIST OF REFERENCES
ment focus to address factors that affect the Criminal Justice Beek, J., Göpfert, M., Owen, O., & Steinberg, J. (2017). Policing in
System (CJS). Critical management roles in the CJS include Africa reconsidered. Oxford: Oxford University Press.
human relations management, scientific management and Dyck, S. (2022). Chapter 9. Decolonizing policing: How can it be
system management. These roles and other challenges such as achieved? In M Asadullah (Ed.). Decolonization and justice: An intro-
corruption, a lack of resources, inadequate use of technology ductory overview. Available from: https://opentextbooks.uregina.ca/
and poor performance by officials, are explored by Lufuno decolonizingjustice/
Rasivhaga and Alice Maree. Govender, D. (2018). Policing in South Africa: Is decolonisation the
answer to democratic policing? Available from:
Decolonising or Africanising policing depends, as in Western or https://www.unisa.ac.za/static/corporate_web/Content/News%20
Asian countries, on community approval and trust. To this end, &%20Media/Articles/Documents/Policing%20in%20South%20Africa%
community policing is a useful vehicle as it takes account of the 20-%20Is%20decolonisation%20the%20answer%20to%20democrat-
influence of cultures and traditional leadership. Understanding ic%20policing.pdf
the traditions of indigenous communities should be an impor- Govender, D. & Pillay, K. (2022). Policing in South Africa: A critical eval-
tant consideration for police agencies when formulating poli- uation. Insight on Africa, 14(1): 40-56. Available from:
cies and strategies that affect local communities. Such strate- https://doi.org/10.1177/09750878211048169
gies, even when informed by globally accepted approaches, Isokun, M. (2006). Policing the Nigeria police: the case for a decolo-
should be tailored to the needs of the community to ensure nized Nigeria police. The Constitution, 6(4): 15-22. Available from:
procedural fairness in the criminal justice system and police https://www.semanticscholar.org/paper/Policing-the-Nigeria-
legitimacy. police%3A-the-case-for-a-Nigeria-lsokun/f2595bebd254c22669165
beec6918ae04a7b4f0d
It is hoped that this issue of JUST AFRICA not only serves as Kessi, S., Marks Z., & Ramugondo, E. (2020). Decolonizing African
a reference source for students but prompts academics and Studies. Critical African Studies, 12(3): 271-282. Available from:
professionals in policing and law enforcement to join the dis- https://www.tandfonline.com/doi/pdf/10.1080/21681392.2020.1813
course and share work done in the fields of policing and crimi- 413
nal justice. Smit, J., Alemika, E.E.O., Botha, C., Ngantweni, G.X. & Van Mollendorf,
G. 2022. Policing in Africa: Towards an African Epistemology. Cape
Town: Juta Law.
Uwazuruike, A. (2021). The AU's journey to an African Criminal Court:
a regional perspective. Global Affairs, 7(3): 343-357. Available from:
https://doi.org/10.1080/23340460.2021.1959375
West, S. (2012). Policing, colonial life and decolonisation in Uganda,
1957-1960. Ferguson Centre for African and Asian Studies. Working
Paper No. 03.

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LEGAL TALK
Case Law

Dr. (Maj-Gen.) Marga van Rooyen

Legal Services, South African Police Service

T
he conduct of police officials is often scrutinised by This resulted in an order issued by the commander to advance
courts, especially when a plaintiff claims compensation towards the protesters. The protesters responded in an angry
in a civil claim against the South African Police Service manner by throwing bottles and stones at the members. The
(SAPS). During such proceedings, the conduct of police officials only measure of non-lethal force available to members was to
is evaluated whereafter courts deliver judgment. This results in fire rubber bullets. The alternative was to use live ammunition
many cases where the conduct of police officials is found to be (apart from the obvious danger to the lives of many, this would
unlawful and where the Minister of Police is held liable for have been in contravention of internal directives issued by the
compensating the plaintiff accordingly. National Commissioner of the SAPS). Due to the growing num-
ber of protesters and the threat that they posed, an instruction
However, there are also instances where courts have held that was issued to fire rubber bullets into the ground so that they
the conduct of police officials was not unlawful and indeed would ricochet. The firing of rubber bullets was repeated
justifiable in the specific circumstances and that the SAPS is not multiple times over a period of approximately two hours. It was
liable to compensate the plaintiff. The following cases are clear that the members were outnumbered. The plaintiff
examples of such instances: claimed that one of the rubber bullets ricocheted and caused
her eye injury. The plaintiff claimed that there was no need for
LEHLEHLA V MINISTER OF POLICE the members to fire rubber bullets as the circumstances were
In Lehlehla v Minister of Police ([2023] 1 All SA 438 (WCC) not chaotic.
(17 November 2022)) the plaintiff instituted a civil claim against
the SAPS because she was shot in the eye by police officials While the court accepted that the plaintiff was in all probabili-
during a protest action. At the time of the incident, the plaintiff ty struck by a rubber bullet fired by a police official, it held that
was a first-year student and on her way to the bus stop to it was impossible that the plaintiff was unaware of the protest
travel to the college. action and that shots had been fired by police officials. She was
in the vicinity while the police officials were communicating
The claim originated from an incident that took place in the with the protestors. The court held that she voluntarily
Elgin Valley in the Western Cape. Protest action started early assumed risk by walking in the area where the members and
one morning resulting in streets being blocked, tyres being protesters were engaging.
burned and the traffic being prevented from flowing freely.
About 12 police officials from Grabouw Police Station ("the The plaintiff had limited her plea and only blamed the mem-
members") responded to the protest at about 04:00. The bers for her injury. The claim could also have been extended to
protesters, a group of approximately 500, were armed with the action, and specifically inaction, of the Public Order
pangas, knobkieries and stones. While the assistance of the Policing Unit to respond effectively to the protest action, but
Public Order Policing Unit was requested, they only arrived she chose not to include their conduct in the claim. This severe-
some three hours later due to logistical reasons. ly limited the likelihood of success of her claim.

In the meantime, the members attempted to disperse the The court held that the conduct of the members was justified
gathering and restore order. This was met with violent reac- in the circumstances, by necessity. The members were over-
tions from the protestors. On several occasions, members whelmingly outnumbered by the growing group of angry
audibly requested the protesters to disperse but without protesters. The court explained that necessity, as a ground of
success. Over time the number of protesters increased and justification, does not require that the victim must be part of
they became violent. Non-protesting community members the attacking crowd. The conduct of the members was lawful
were intimidated and assaulted by the protestors and property despite the fact that it was directed at an innocent person (the
was damaged. plaintiff) in order to protect an interest of the members or a
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third party (such as the non-protesting community members) The court held that there was no direct evidence that the plain-
in a dangerous situation. The court emphasised that the test for tiff's injury was caused by a bullet fired by police officials. No
necessity is objective (in other words, the test of the reason- evidence to this effect had been presented by the plaintiff. The
able person). The court therefore considered how a reasonable members fired in the general direction of the taxi rank where
member (with the same training and experience as the mem- the plaintiff was sitting in a taxi. However, the court acknowl-
bers at the scene) would have acted in the same circumstances, edged the probability that a stray bullet fired by the police may
considering the small number of members, armed only with have caused the plaintiff's injury.
rubber bullets, facing an overwhelming and ever-increasing
crowd of angry protesters who were threatening the safety of The court considered that the police officials would have fore-
the members, the public and their property. The court held that seen that the armed suspects might escape and, while fleeing,
the members had no other reasonable means to avert the they threatened the safety of the members and broader public.
danger posed by the protesters than to fire rubber bullets. This In line with their duty to protect the public and to apprehend
was further supported by the fact that no shots were fired the suspects, the members were required to act. If they had
directly at or into the crowd. The instruction was clear that the just stood by and done nothing that would have been a dere-
rubber bullets had to be fired into the ground. This limited the liction of their duties.
risk of injury. The firing of rubber bullets was therefore not
excessive and, subsequently, justified. The court furthermore referred to the constitutional mandate
of the SAPS that requires members to prevent, investigate and
NGWAZI V MINISTER OF POLICE combat crime, to maintain law and public order and to ensure
Police officials are often confronted by violent criminals who the protection and security of inhabitants of the country.
are attempting to flee from a crime scene. This may result in a
violent confrontation between police officials and the perpe- The court reiterated that the circumstances in every case must
trators. While the police officials are attempting to secure be considered in the application of section 49 of the Criminal
arrests, the criminals will use any means to prevent their arrest. Procedure Act 51 of 1977, which authorises the use of force in
As a result, innocent members of the public are sometimes effecting arrest. The suspects were fleeing the scene after
caught in the crossfire, sustaining injuries or may even die having committed a robbery and were firing shots at police offi-
during such a confrontation. cials. According to section 49, the police officials were autho-
rised to use deadly force to overcome the resistance and the
Ngwazi v Minister of Police ((7990/2016) [2022] ZAKZDHC 53 (2 attempt of the robbers to flee from the scene.
December 2022)) is such a case. The plaintiff claimed damages
from the SAPS after the alleged wrongful and unlawful shoot- The court explained that the Constitution of the Republic of
ing by a police official which resulted in a gunshot wound to the South Africa, 1996 furthermore provides that the principle of
plaintiff's left forearm. proportionality must be considered. This requires that consid-
eration must be given to the nature and degree of the force
The incident took place after a robbery had been committed at used and the threat posed by the suspect to the safety and
a shop. This led to a shootout between the suspects and police security of the police officials, other individuals and society as
officials in a public space as the robbers were attempting their a whole.
getaway, while there were members of the public in the vicini-
ty. The plaintiff was sitting alone in a taxi parked at a taxi rank In view of the circumstances of the case, the court held that the
during the shootout. A stray bullet entered the taxi through the plaintiff failed to discharge his onus and establish that he was
open window on the driver's side from a distance of approxi- injured because of an unlawful and wrongful shooting by the
mately 250 m away and hit the plaintiff. police. The court accordingly held that no compensation was
payable by the SAPS.

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LEGAL TALK
Legislative Developments

Dr. (Maj-Gen.) Marga van Rooyen

Legal Services, South African Police Service

CRIMINAL LAW (FORENSIC PROCEDURES) The 2013 Act also established the National Forensic DNA Database
AMENDMENT ACT 8 OF 2022 where the results of DNA samples are stored. The database consists
The value of DNA evidence in criminal cases is well-documented. of different indexes, including the crime scene index (where the
The discovery of DNA at a crime scene and the subsequent linking results of DNA samples found at crime scenes are stored) and the
thereof to a person have contributed to solving multiple cases. DNA convicted offender index (used to store the DNA analysis of con-
offers very important evidence that provides an investigating offi- victed persons). The database enables the South African Police
cer with a good lead that may be followed up during the investiga- Service (SAPS) to perform comparative searches.
tion to secure other evidence to advance the case against an
accused. This frequently results in a situation where the accused is Since its inception, the database has been a valuable tool in the
required to explain the presence of his or her DNA at the crime investigation of crime as it enables comparative searches to link a
scene and cannot provide any plausible explanation. particular suspect with a crime scene. This enables investigating
officials to monitor and follow up unresolved forensic investigative
The DNA of the perpetrator is left at most crime scenes; it is found leads. In many instances, the evidence has resulted in solving out-
in sweat, saliva, hair, skin or semen. Since DNA is unique to an standing and so-called "cold" cases. While the database is mainly
individual, not two people have the same DNA except identical used to identify persons who might have been involved in the com-
twins. Even though DNA is not visible to the naked eye, it may be mission of crime, this is not its only purpose. In fact, it may also be
extracted from various surfaces or items. It can then be analysed used to the benefit of an accused, including proving his or her inno-
and subjected to a comparative search to determine whether it can cence in court and exonerating someone who has been convicted
be linked to a specific person. Once a DNA sample found at a crime of an offence.
scene is linked ("matched") to a person, it is very difficult for the
person to deny that he or she was at the crime scene. For this rea- The 2013 Act contained a transitional provision that authorises the
son, DNA evidence is considered highly valuable. The collective National Commissioner of the SAPS, with the assistance of the
weight of the DNA evidence that links the accused to the commis- National Commissioner of Correctional Services, to take buccal
sion of the crime, together with other credible evidence presented samples from any person serving a sentence of imprisonment in
by the prosecution, is often essential to secure a conviction. respect of an offence referred to in Schedule 8 of the Criminal
Procedure Act 51 of 1977 -
The importance of DNA evidence has been strengthened by the  before the release of the person, if a buccal sample has not
Criminal Law (Forensic Procedures) Amendment Act 8 of 2022 ("the already been taken upon his or her arrest; or
2022 Act") that came into operation on 3 March 2023. The implica-  who is released before his or her sentence is completed (either
tions of the 2022 Act should be viewed against the background of on parole or under correctional supervision by a court).
the Criminal Law (Forensic Procedures) Amendment Act 37 of 2013
("the 2013 Act"), which came into operation on 31 January 2015. However, there was a condition attached to this provision: the
authority to take such buccal samples was only conferred for a
The 2013 Act empowers "authorised persons" to take buccal sam- period of two years after the coming into operation of the 2013
ples, which is a sample of cellular material, by using a swab to gath- Act. The idea behind the provision was to ensure that buccal sam-
er saliva (containing DNA) from inside the mouth of a person. An ples of persons convicted of serious offences (as set out in Schedule
"authorised person" is "a police official or member of the 8 of the Criminal Procedure Act) are taken while they are impris-
Independent Police Investigative Directorate, who is not the crime oned. (Schedule 8 offences are serious offences such as murder,
scene examiner in a particular case, but has successfully undergone culpable homicide, rape, sexual assault, sexual offences against
the training prescribed by the Minister of Health under the children, robbery, kidnapping, arson and theft.)
National Health Act". The authorised person must be of the same
sex as the person from whom the sample is taken and must take It is generally accepted that a large proportion of those who
the sample with strict regard to decency and order. commit serious offences are repeat offenders and therefore there
is a strong possibility that their DNA may also be successfully linked

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Just Africa 2/2022
to other outstanding cases. For example, unsolved cases of rape adequate coordination between the respective departments to
where samples have been found and stored in the crime scene avoid the practical challenges that had previously hampered the
index of the database may be linked to the DNA of a serial rapist taking of such samples. The Minister of Police is required to issue
who is already serving a prison sentence. regulations on the specific information to be provided by
Correctional Services, but no regulations have yet been issued in
This authority to take buccal samples from such serving convicted this regard.
persons lapsed on 30 January 2017. This meant that if a buccal
sample of a person who was serving a sentence of imprisonment The 2022 Act furthermore provides for measures if a convicted per-
for a conviction relating to any Schedule 8 offence by that date, had son refuses to give a buccal sample. If a convicted person does not
not yet been taken, the SAPS no longer had the authority to take his consent to the taking of a buccal sample, an application must be
or her buccal sample in a correctional centre. made to a judge or a magistrate for a warrant that authorises the
taking of the buccal sample.
This resulted in numerous instances where the buccal samples of
such convicted persons were not taken, despite the pressing need According to the Regulations issued in terms of the South African
to do so. This failure was caused by various practical challenges, Police Service Act 68 of 1995, a person may take his or her own buc-
including a lack of proper coordination between the SAPS and cal sample in the presence of an authorised person and a witness.
correctional facilities, administrative difficulties in determining the If the person still refuses, a warrant must be obtained by the SAPS
priority of convicted persons who may be eligible for release, chal- to take such sample by force as a last resort.
lenges relating to instances where convicted persons refused to
submit to the taking of such samples and an inadequate number of Correctional officials are authorised by the 2022 Act to assist an
police officials authorised to take buccal samples. authorised person to use minimum force against a person who
refuses to submit to the taking of a buccal sample under authority
The 2022 Act addresses this untenable situation. The Act (once of a warrant obtained from a judge or magistrate. To give effect to
again) empowers taking buccal samples from those convicted of this provision, the National Commissioner of the SAPS is required,
Schedule 8 offences who are currently serving prison sentences. in consultation with the National Commissioner of Correctional
However, the authority to take such samples is no longer restricted Services, to issue and publish in the Gazette national instructions
to a specific time frame such as the two-year period determined regarding the use of minimum force during the taking of a buccal
previously. sample. If force is used in the process of obtaining a buccal sample,
the person must undergo an immediate medical examination and
The 2022 Act empowers taking buccal samples under the same receive the treatment determined by the correctional medical prac-
conditions as the 2013 Act, namely before the release of the titioner. In addition, all instances where force has been used must
person, if the buccal sample had not been taken upon his or her immediately be reported to the Inspecting Judge, who is responsi-
arrest or if the person has been released before his or her sentence ble for overseeing the treatment of inmates in correctional centres
is completed, either on parole or under correctional supervision. and for conditions in correctional centres.

Provision is also made for coordination between the SAPS and the It is envisaged that taking buccal samples from offenders convicted
Department of Correctional Services. The National Commissioner of Schedule 8 offences who are imprisoned will help to solve out-
of Correctional Services is required to regularly report to the standing cases. This is an important development in the fight
National Commissioner of the SAPS on persons whose buccal sam- against crime. In addition, the legislation will also ensure that vic-
ples have not yet been taken, but who may be released on parole tims of serious crimes will find justice once the alleged perpetrators
or correctional supervision, at least three months prior to the are tried, and ultimately ensure that justice is served.
planned release date of such persons. The provision aims to ensure

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ARTICLE
A comparison between the crime prevention
strategies of the South African Police Service and
the Federal Police of Brazil
David Daniel Koopman
STADIO Higher Education
E-mail: [email protected]

Dr. Phillip Resimate Vuma

Senior Lecturer: STADIO Higher Education
E-mail: [email protected]

ABSTRACT
This article compares the crime prevention strategies of the South African Police Service and the Federal
Police of Brazil using a qualitative approach with interviews. South Africa and Brazil have diverse techniques
for crime prevention. Challenges such as violence and corruption are entrenched in both countries' police
services. Policymakers must discern the complexity of operational requirements affecting the government's
ability to implement crime prevention strategies.

KEYWORDS AND PHRASES

Crime prevention strategies, influence, Federal Police of Brazil, South African Police Service

INTRODUCTION
Some crimes in South Africa and Brazil, such as robbery at non- Section 198(a) of the Constitution of the Republic of South Africa,
residential premises, are decreasing, whereas other crimes are 1996, refers to the government's responsibility to protect its
increasing. The challenges experienced in these countries demon- citizens. The security services and police are therefore a priority of
strate that strategic approaches to policing are complex and often the government. The study distinguishes between the following:
influenced by politics. In South Africa, citizens are dissatisfied with a) Security services (in terms of section 199 of the Constitution of
the ineffective response to crime. Various challenges, such as a the Republic of South Africa, 1996) which refers to the South
shortage of vehicles and an inadequate ability to attend to com- African Police Service (SAPS), the South African National
plaints, are given as reasons for the unsatisfactory response to Defence Force (SANDF) and the State Secret Service (SSA).
reported crimes. The intelligence services consist of Crime Intelligence in the
SAPS, an intelligence unit in the SANDF and SSA. These are the
In Brazil, violence and corruption are among the challenges faced only departments legally authorised to have an intelligence
by the police force. Caldeira (2002:2) contends that the sources capability.
and logic of popular support for violent police coexist with a nega- b) Other law enforcement agencies such as municipal police
tive evaluation of the police and high victimisation of working- services and security services (including security officers duly
class individuals. The roots of this paradox lie in a legacy of the registered with the Private Security Industry Regulatory
state showing disrespect for civil rights and the rights of individu- Authority). These agencies are not security services as contem-
als living in poverty, and a profound mistrust of the fairness of the plated in section 199 of the Constitution of the Republic of
justice system and its ability to function impartially. South Africa, 1996, and have no legal authority to gather intel-
ligence.
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Just Africa 2/2022
The Federal Police of Brazil (FPB) has multiple agencies, including Riccio and Skogan (2017:120) assert that an essential feature of
eight law enforcement institutions in the Federal Constitution. Brazilian policing is violence. The military police usually patrol with
There are seven formal and one auxiliary police force. The formal heavy weapons and are quick to use them on civilians. To control
institutions are the Federal Police, the Federal Highway Police, the gang activities in the favelas they use armoured vehicles and
Federal Railway Police, the Federal Penal Police, the State Military additional military equipment (Riccio, Fraga, Zogahib & Aufiero,
Police, the Fire Brigade, the State Civil Police and the State Penal 2016:37).
Police (Brazil Federal Constitution, 2007). Article 144 of the Brazil
Federal Constitution establishes that guards (who perform police Another feature of the Brazilian police and criminal justice system
duties) support and complement the police to maintain order and is ineffectiveness in solving complex cases or those linked to organ-
enforce the law. ised crime (Dammert, 2019:260). Most solved cases in Brazil are
those where the perpetrator is easily identified, such as cases
The aim of this study was to compare strategic crime prevention involving domestic homicide or disputes among rivals (Ceccato &
approaches of the SAPS and the FPB. Goldstein (2007:23) asserts Ceccato, 2017:271).
that it is the South African government's constitutional responsi-
bility to render a basic level of protection to its citizens; if they Coupled with the ineffectiveness of the Brazilian police is corrup-
require more, they should pay for such services. tion, inadequate training and poor pay (Macaulay, 2012:168).
Many police members struggle to survive and take on off-duty
The FPB was chosen for the study because it has similarities with private security jobs or paid work while on duty (Larkins, 2015:13).
the crime prevention strategies of the SAPS. Brazil is one of a hand- Police members routinely extract bribes from ordinary citizens to
ful of "emerging" but poorly understood economies, with central- overlook offences, including traffic infractions (Larkins, 2015:14).
ity to the United States of America and Japan. Brazil is culturally These factors create a toxic combination of police violence,
diverse and tends to combine traditions (local and other) in music, corruption and ineffectiveness with public cynicism.
food, religion and science (Collins, 2004; Dent, 2016; Mitchell,
2013; Moehn, 2012; Pardue, 2004). Brazil strongly encourages Gaps in crime prevention strategies include the inability of the FPB
social practices characterising the dialogue among cultures dating to police a mixed-race and unequal society (Bailey, Loveman &
to Brazil's past as a colony of Portugal (Collins, 2015). Muniz, 2013:107). This is also evident in the crime prevention
strategy of the SAPS.
THEORETICAL FRAMEWORK
Brazil's population displays a variety of cultures and political asso- The Khoisan people were the first inhabitants of South Africa and
ciations (Green, Langland & Schwarcz, 2018:24). The predominant one of the earliest distinct groups of Homo sapiens. They endured
language is Portuguese. Brazil has a vast urban society; 85% of the centuries of gradual dispossession by each new wave of settlers,
population resides in cities, although the nation's economy including the Bantu, whose descendants comprise South Africa's
depends on extensive agriculture and forest products (Meade, black population (Jack, 2018:67).
2014:56). São Paulo, as the largest Brazilian city, is home to more
than 20 million people and is the country's economic leader in During the fourth century migrants from the north settled, joining
trade and e-commerce, hosting large businesses (Riccio & Skogan, the indigenous San and Khoikhoi people. In 1488, the Portuguese
2017:20). navigator Bartholomeus Dias was the first European to travel
around the southern tip of Africa (Guyer, Pallaver & Spear,
Brazil is a mixed-race society and has profound inequality, accord- 2018:67). Towards the end of 1497, the Portuguese explorer Vasco
ing to Bailey, Loveman and Muniz (2013:107). According to the da Gama rounded the Cape coast. In 1652, Jan van Riebeek
National Institute of Geography and Statistics, wealth distribution (representing the Dutch East India Company) instituted the Cape
in this society ranges from 0 (an even distribution of wealth) to 1 Colony in Table Bay; the increased European encroachment led to
(highly concentrated wealth). Brazil was a slave-holding country the colonisation and occupation of South Africa (Brotton,
until 1888, with slaves imported from West Africa (Manning & 2010:137). The Cape Colony was under Dutch rule until 1795,
Akyeampong, 2006:102). Initially, Brazil had a substantial native when the British Crown took over; it reverted to Dutch rule in
population (Alves, 2018:76). The clustering of economically and 1803, and again to British occupation in 1806 (Pavlich, 2011:187).
socially unequal people created urban slums - better known as Pre-1994 policing practice was transformed by the newly elected
favelas - and lead to an increase in crime (Cano, 2010:35). government, which focused on reforming the policing function in
South Africa. The inherited authoritative approach of the police
It is estimated that 6.4 million underprivileged people of colour was dismantled and it became a more inclusive and democratic
live in the favelas; their prevalence and visibility are distinctive citizen-oriented service (Steinberg, 2011:349). In 1995, after a year
features of Brazilian society. Basic services, such as water provision in office, the country's Parliament passed a statute enshrining a
and electricity, are non-existent. The favelas are governed by version of community policing into law. Each police station across
criminal gangs dominating the territory and not by the formal the country had to establish a civilian-police consultative forum
political system (Salem, 2016:45). According to Macaulay (Republic of South Africa, 1995:18-23).
(2017:248), political leaders are concerned about the rising crime
rate in Brazil, which ranks among the most violent countries in the
world (Khan, 2013).
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A year later, in 1996, the South African government introduced a  Determining the resources that can lead to reduced crime
new Constitution that established fundamental human rights prevention implementation.
principles emphasising the democratic order. This mandated the
SAPS to include the prevention of crime as one of its objectives Methodology
(Republic of South Africa, 1996:205(3)). A plethora of crime pre- The applicability of specific research theories and models estab-
vention legislation was introduced, such as the South African lished in other developed countries to studies in the environment
Police Service Act (1995), the National Crime Prevention Strategy of a developing world was debated owing to the variations in social
(NCPS) of 1996, and the White Paper on Safety and Security of and cultural settings. The methodology combined and applied
1998. In terms of section 19(1) of the South African Police Service concepts concerning the policing methods implemented and
(SAPS) Act 68 of 1995, a National Commissioner and provincial employed in South Africa and Brazil, including contextual
commissioners in each province strengthen relationships with approaches and crime prevention strategies used in complex com-
citizens and ensure functional community police forums at police munities. The study's application of these concepts could explain
stations. The government implemented these structures in 1998 to how to observe case studies from developing countries such as
assist the SAPS in formulating local policing priorities and crime South Africa and Brazil.
prevention initiatives (Republic of South Africa, 2015).
Research design
The Constitution stipulates the function of the SAPS regarding This study employed a qualitative research method. According to
crime prevention in section 205(3), delineating its mandate to Marriam (2009:13), the main interest of qualitative researchers is
prevent, combat and investigate crime; to maintain public order; understanding how individuals make sense of their world and their
to protect and secure the inhabitants of the Republic and their experiences. A qualitative research method provides an under-
property; and to uphold and enforce the law. The White Paper on standing of the social world in which we live and why things are
Safety and Security (1998) and the SAPS Strategic Plan of 2014 to the way they are (Hancock, Windridge & Ockleford, 2007:9).
2018 (South African Police Service, 2010) affirm the function of the
police in preventing crime, in particular social crime (Republic of The study had a deductive approach. A deductive research method
South Africa, 2018). involves exploring a known theory or phenomenon, followed by
assessing the validity of the theory in specific circumstances
Crime prevention and detection require proactive and responsive (Merriam & Grenier, 2019:78). Interviews were used to collect
steps. Holtmann and Domingo-Swarts (2008:10) assert that the information from the FPB and the SAPS. The study employed a
crime statistics of South Africa reflect a blurred picture of the comparative approach to the two countries (Collier, 1993:105).
increasing number of reported crimes. Although plans and initia- Berg-Schlosser (2009:2) states that "the strength of the compara-
tives are often developed at a national level, crime is encountered tive method lies, therefore, in its critical applications to theory
- and, therefore, can be overseen - at a local level. Community- testing and development". Comparison refines the power of
oriented crime reduction interventions are based on neighbour- describing a phenomenon and is significant in concept formation
hood attitudes and experiences of vulnerability; they offer useful by merging similarities and contradictions in one case study.
insights into the socio-economic conditions fostering crime (CSIR,
2005:12). Authors such as Mills (2006:621) assert that comparative analysis
is characterised by exploring similarities and variances between
Burger (2007:111) suggests that for the police to be effective in two identified cases. Considering the complexity of implementing
crime prevention, intervention is necessary before a crime is a crime prevention strategy in South Africa and Brazil, a compara-
planned. The evidence shows that the absence of planning before tive study could identify unique aspects not detected through
a crime occurs is also evident in the crime prevention strategy of quantitative research.
the FPB.
Research setting
In this research, theory and empirical findings contributed to The research setting was South Africa and Brazil. Each country has
understanding the interplay between policing strategies and crime unique cultures and crime prevention strategies. In South Africa,
prevention initiative integration. This study also observed how safety is a national priority; the Constitution stipulates how provi-
policing strategies are operationalised in communities in South sions for safety should be implemented, including the function and
Africa and Brazil. The study identified the characteristics of a well- responsibilities of police as provided for in section 205(3) of the
implemented strategy, factors hampering implementation, the Constitution of the Republic of South Africa, 1996. The NCPS was
approach to professional policing and how challenges should be launched in 1996 to manage concerns about crime in South Africa.
addressed.
In the Brazilian context, the Federal Constitution lays the founda-
Objectives of the study tion for law enforcement agencies, from strategy to operational
 Outlining the barriers hampering the implementation of crime levels in communities. Law enforcement primarily focuses on
prevention strategies in the SAPS and FPB. crime prevention and investigating criminal cases. The state mili-
 Investigating factors contributing to crime prevention initia- tary forces only have to protect the state's interest, whereas civil
tives in communities in South Africa and Brazil. policing is solely responsible for criminal investigations.

12
Just Africa 2/2022
Entrée and establishing the researcher's roles representatives of the Brazilian police at the Brazilian Embassy in
Permission to conduct the research was obtained from the South South Africa and a literature review. The researcher also used peer
African Police Service and in Brazil through the Brazilian embassy debriefing or peer scrutiny to enhance the credibility of the study.
in Pretoria. Five senior SAPS members from the rank of colonel to
brigadier in the Western Cape province were interviewed using an Transferability
open-ended interview schedule. Three representatives of the Reflexive auditing or describing the involvement of the researcher
Brazilian police at the embassy of Brazil in South Africa were inter- in the decisions made in the research processes is characteristic of
viewed telephonically. The information was screened and post-positive research and regarded as a basic requirement for an
explained, including the confidentiality of the research setting. acceptable study. The researcher is a resident of Cape Town where
the study was conducted. He has experienced crime and how
Sampling members of SAPS react to it. Being immersed in the research
The study employed qualitative sampling procedures, indicating creates another level of trust, provided researchers are able to
the purposive sampling method. This method was selected owing communicate their involvement in their own research.
to the focused approach to policing in South Africa and Brazil.
Police officials in the SAPS at a senior level were selected because Dependability
they are regarded as subject matter experts; the three inter- The fact that the researcher is a resident of Cape Town persuaded
viewees from Brazil are regarded as subject matter experts him to involve other residents in peer debriefing or peer scrutiny.
because they represent the Brazilian police at their embassy in This was not at a professional level but it conveyed a sense of
South Africa. credibility. Also, since the research was conducted by a resident of
one research area, he used insider analysis and feedback prior to
Data collection methods the publication of the study.
Babbie and Mouton (2002:180-187) identify an interview schedule
as an impersonal device for collecting information, as the instru- Conformability
ment is sometimes completed without the researcher. Data was Peer debriefing by other residents is similar to the researcher
collected in person from SAPS officials and telephonically from subjecting his or her research to auditing. Therefore, there is some
respondents at the Brazilian Embassy in South Africa. Open-ended objective reality in the findings.
questions were used, allowing an in-depth analysis of the strate-
gies in the SAPS and the FPB. The participants could elaborate on Repeatability
request. The interview schedule was designed to avoid bias or Repeatability means that when repeating the survey, researchers
leading questions. Space was provided for any comments or obser- will obtain the same results. The interview schedule was piloted
vations during the engagement. and evaluated before use and the same questions were directed to
representatives from both South Africa and Brazil.
Data analysis
De Vos, Strydom, Fouché and Delport (2005:333) define data FINDINGS
analysis as bringing order, structure and meaning to mass collect- Table 1 gives a list of themes emerging from the interviews and
ed data. Bless and Higson-Smith (2002:137) explain that the data their frequency.
analysis process allows the researcher to generalise the findings Table 1: Themes deduced from the data
from the sample employed in the research to the larger population
in which the researcher is interested. Themes Frequency
Barriers hampering the imple- 10
Qualitative data from in-depth interviews, codes and themes were
mentation of crime prevention
developed to enhance the interpretational analysis of the study.
strategies in SAPS and the FPB
The data was transcribed and analysed, relating it to the literature
and to theory. Themes were extracted and items coded. This Factors contributing to crime 10
method provided a clearer understanding of the strategies used to prevention initiatives in com-
implement policing services, challenges hampering service deliv- munities in South Africa and
ery and similarities in the policing approaches of South Africa and Brazil
Brazil. Level of training in crime pre- 10
vention offered to the SAPS
Strategies to ensure quality data and the FPB
The following concepts relating to trustworthiness in this study
were applied by the researcher in South Africa. It was not possible
to replicate the same in Brazil because of cost. The three themes were clustered into main categories such as bar-
riers and challenges hampering the implementation of crime pre-
Credibility vention strategies. The lack of training, budget constraints and lack
Triangulation is the use of multiplicity to test the credibility of of skills appeared as crucial themes in this study. The main themes
one's research and ensure the quality of data. The study used and sub-themes are presented in Table 2. The themes emerging
findings from three sources, namely senior SAPS participants, from the interviews align with the literature review conducted.
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Main themes Sub-themes Frequency Totals
Barriers hampering the implementa- Lack of planning, goal setting and assess- 6 27
tion of crime prevention strategies ment, including training
in SAPS and the FPB Conflict with poor communities 4
Lack of oversight of police investigations 5

Poor remuneration of police officials 4

Lack of resources 8
Factors contributing to crime pre- Difficulty in evaluating crime prevention 6 27
vention initiatives in communities in programmes
South Africa and Brazil Lack of understanding of community 8
needs
Lack of trust between the community and 7
police officials
Lack of adequate legislation 3
Low level of prosecution of crimes 3
Level of training in crime prevention Lack of coordination and engagement with 6 24
offered to the SAPS and the FPB communities
Data-driven and crime mapping system 6
Lack of resources and budget 8
Level of training members in crime pre- 4
vention strategies
Limited crime prevention courses 3

A. Theme: Barriers hampering the implementation B. Theme: Factors contributing to crime preven-
of crime prevention strategies in SAPS and FPB tion initiatives in communities in South Africa
There are different sub-themes in this theme, namely a lack of and Brazil
planning, goal setting and assessment, including training (including In the second theme most participants from SAPS emphasised that
resources); conflict with poor communities; a lack of oversight of poor understanding of the needs of communities and the lack of
police investigations; and a flawed remuneration system for police trust between police officials and communities are crucial factors
officials. in the failure to implement crime prevention strategies. The par-
ticipants also expressed how difficult it was for the FPB to assess
These themes were rated equal in importance by participants. The and evaluate crime prevention strategies due to a lack of
participants revealed the following: resources.
Conflict with poor communities, above all in places
where organised crime is strong, is a daily occurrence. Regarding the SAPS, participants emphasised the lack of a shared
Young people living in these areas see the police as their vision between communities and security service providers, which
enemy, and for some of the police this view is mutual. hampered the implementation of crime prevention strategies.
Using neighbourhood watches to identify and curb crime in com-
All participants agreed that a major challenge in implementing munities is the main success factor. One participant said that using
crime prevention strategies is a failure to set clear goals. Mistrust social media could curb crime in neighbourhoods. Another SAPS
exists between the police force and the communities. In Brazil, the participant said: "Members must be passionate about their work
community's expectations of implementing crime strategies are and want to make a difference."
not met.
Collaborating with communities and changing the perception of
Regarding the SAPS, two participants mentioned alternative meth- the SAPS's inefficiency will ensure that communities cooperate
ods that should be explored to ensure that crime is curbed in com- with the SAPS.
munities. There is a lack of intelligence capability and the political
will to change how crime strategies should be operationalised in C. Theme: Level of training in crime prevention
communities. All SAPS geographical areas experienced various offered to the SAPS and FPB
challenges; one SAPS participant said: "SAPS are lacking intelli- Five sub-themes emerged in this area, namely a lack of coordina-
gence capacity for years and management trying to run provinces tion and engagement with communities; no data-driven crime
and areas following a similar approach. All areas experience mapping system and a lack of resources; the level of training of
diverse types of crime, for example, gangs, etc." members in crime prevention strategies; the limited availability of
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Just Africa 2/2022
crime prevention courses; and poor budgeting. All participants  Most participants emphasised that corruption is present and
rated these themes equally. creates a lack of trust between the police officials and commu-
nities in Brazil.
A participant from the SAPS mentioned that poor management of All participants agreed that a major challenge in implementing
resources not only hampers the crime prevention strategy, but also crime prevention strategies as per the Constitutional mandate is
allows a vicious cycle of crime in communities to continue. Gangs the lack of clear goals. Burger (2007:111) suggests that for the
know about the police's slow response to an incident. Another police to be effective in crime prevention, intervention is neces-
SAPS participant mentioned: "As long as there is no budget alloca- sary before a crime is planned. All participants agreed with Burger
tion, crime prevention strategies in communities will fail. The that there is a need for intervention for the police to be effective.
whole implementation process requires trained police officials, Holtmann and Domingo-Swarts (2008:10) assert that annually, the
and businesses can contribute to funding these latter initiatives." crime statistics of South Africa reflect a blurred picture of the
increasing number of reported crimes. Participants from SAPS
SAPS members indicated that experienced and competent persons agreed with Holtmann and Domingo-Swarts and added that there
are not appointed to posts, further hampering the implementation is a lack of intelligence and no political will to change how crime
of crime prevention strategies. The experience of police officials is strategies should be operationalised in communities. All SAPS
imperative in ensuring that legislation is applied and processes are geographical areas experienced various challenges; therefore,
followed. Training in crime prevention strategies should be theo- multiple approaches should be adopted to reduce crime in
retically and practically oriented. Sharing experience and informa- specific areas.
tion among members has helped in implementing crime preven-
tion strategies. Management implications
Various scholars confirm the corruption in the FPB, whose mem-
DISCUSSION bers are inadequately trained and underpaid (Macaulay,
The main objective of this research was to compare crime preven- 2012:168).
tion strategies between the SAPS and the FPB. More specifically,
this research aimed to investigate: Although plans and initiatives are often developed at a national
 barriers hampering the implementation of crime prevention level, crime is encountered - and, therefore, can be overseen - at a
strategies in the SAPS and the FPB; local level. The study findings could also assist SAPS and the FPB to
 factors contributing to crime prevention initiatives in commu- plan and assess crime prevention strategies prior to implementa-
nities in South Africa and Brazil; and tion. The function of communities in implementing crime preven-
 how limited resources can hamper the implementation of tion cannot be ignored.
crime prevention strategies.
FINDINGS
Riccio and Skogan (2017:120) assert that an essential feature of Studies on implementing crime prevention strategies confirm that
Brazilian policing is violence. Most FPB participants agreed, planning is crucial. This research and the literature demonstrate
emphasising that the lack of understanding of community needs similar theories as guidelines to operationalise crime prevention
and the lack of trust between police officials and communities are strategies.
crucial factors contributing to violence in Brazil.
The literature review also established that resources and adequate
Another feature of the FPB and criminal justice system is the low remuneration for police officials are essential to prevent crime and
rate of solving complex cases or those linked to organised crime minimise the possibility of bribes and corruption in any global
(Dammert, 2019:260). Most participants agree with Dammert and police service.
allege that indeed there is ineffective solving of complex cases,
which creates a lack of trust between police officials and the Research Objective 1
communities in Brazil. Findings show that trust is one of the factors The study findings revealed a lack of proper planning, goal setting
that can lead to a reduction in crime in Brazil. and community engagement as barriers impeding the implemen-
tation of crime prevention strategies.
Coupled with the ineffectiveness of the FPB, corruption is present
in the system. The FPB members are inadequately trained and Research Objective 2
underpaid (Macaulay, 2012:168). The sub-theme dealing with the Factors contributing to crime prevention initiatives in communities
poor remuneration system of police officials revealed the following: in South Africa and Brazil are challenging, requiring community
 Several officials struggle to survive and therefore engage in off- involvement from the onset of the implementation.
duty private security jobs or paid work while on duty (Larkins,
2015:13). Research Objective 3
 Police routinely extract bribes from ordinary citizens for over- Resources are required to reduce crime prevention implementa-
looking offences, including traffic infractions (Larkins, tion. The findings demonstrate various needs in both South Africa
2015:14). The aforementioned factors describe a toxic combi- and Brazil such as a data-driven mapping system to track crime
nation of police violence, corruption and ineffectiveness with prevention initiatives and identify hotspots in communities.
public cynicism.
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Just Africa 2/2022
RECOMMENDATIONS CONCLUSION
Based on the findings presented in this article, the following Implementing crime prevention strategies in South Africa and
recommendations are made: Brazil has various challenges. According to the findings, prevention
Empirical knowledge expansion strategies in the SAPS and Brazil are similar despite the unique
Proper planning and goal setting relating to the outcomes of the challenges in each country.
crime prevention strategies should be considered. Communities
have an essential function in implementing crime prevention South Africa and Brazil should take stock of the following factors:
strategies owing to their ability to report crime. By implementing  barriers hampering the implementation of crime prevention
crime prevention strategies, South Africa and Brazil can benefit strategies in the SAPS and the FPB
from this study to ensure that the community's voice is heard.  factors contributing to crime prevention initiatives in commu-
nities in South Africa and Brazil
Organisation/institutions  level of training in crime prevention offered to the SAPS and
 The SAPS and the FPB should implement change management the FPB.
processes to ensure that all police officials embrace change.
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ARTICLE
Building trust between police and the community:
A descriptive study of the application of
community policing in Eastern Wolega Zone,
Oromiya Regional State of Ethiopia

Dr. Comdr. Demelash Kassaye

Associate Professor of Social Work and Social Development
College of Social Sciences, School of Social Work, Addis Ababa University
E-mail: [email protected]

ABSTRACT
The primary objective of this study was to survey the implementation of community policing in the Eastern
Wollega Zone of Oromiya Regional State, Ethiopia. Three woredas were identified and respondents were
selected purposely. A descriptive statistical technique was applied to understand the status and implemen-
tation of community-oriented policing in the woredas. The findings show that the implementation of com-
munity policing in the woredas did not increase public confidence or de-escalate public fear of crime. The
lack of trust between the police and the communities is a factor. The community's concept of peace and
leaving all responsibility for enforcing the law, maintaining peace and social order to the police are report-
ed. On the one hand, because many view the police negatively they cannot fully engage the public through
empowerment programmes. There is a desire to build trust between the police and the community to
achieve the community policing objectives of creating crime-free areas and improving quality life.

KEYWORDS AND PHRASES

Ethiopia, community policing, police, peace, security

INTRODUCTION
Community policing has become a dominant policing paradigm in Historically, in colonial Africa, the European powers used a model
contemporary police practice. It is a dramatic change in philoso- of policing sharpened to enforce colonial rules. Strict and harsh
phy, widening the path of police agencies to make the public part enforcement by police, paramilitaries or the military forces of the
of their services. The primary objective of the study was to under- colonial powers was done without community participation. The
stand police-community relations in selected woredas of the zone rule of the colonial powers in Africa has left a scar that still affects
to lower the prevalence of crime, social disorder and fear of crime. trust between the police and the community. This has affected the
During the 20th century Ethiopia underwent significant political and positive image of the police as accessible, efficient and effective in
social changes during the reign of Emperor Haile Selassie and the preventing crime and the causes of crime.
Communist Derg. Throughout that time the Ethiopian police faced
numerous challenges such as civil wars and social and political The significance of this image in the Ethiopian context is evident in
unrest. Despite these challenges, the police were able to restore improving police and community relations. In some cases, particu-
the safety and security of the people. Today, the police force has larly in former British colonies, policing at the community level was
been re-organised to implement a broad range of responsibilities, left in the hands of the traditional local leaders. Although it may
including criminal investigation, traffic control and crime preven- have had elements of modern community policing, the practice
tion. was not in line with the expectation of the police service meeting
the average public demand. Likewise, in pre-revolutionary

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Ethiopia, only indirect colonial influence on policing favouring policing as a soft policing style and unwillingness to share power
traditional methods (where they existed) was directed at the and decision-making with the people are challenges. With this as
community level by property owners and operated in their inter- background, studies conducted to understand community policing
ests (Markakis, 1986). Though Ethiopia resisted colonisation, the within the national police strategy have investigated challenges
experience of other African states influenced the Ethiopian police and opportunities other than police-community relations and the
system to adopt the policing model of the British Empire. The impact of community policing. The rationale of this study is there-
colonial rulers were compelled to strengthen their power of fore, to fill the gaps and contribute to the existing body of knowl-
repression by controlling social movements and other struggles to edge on police-community relations to build trust. Moreover, the
liberate the public from colonial administration. study recommends a way forward to alleviate the problems in
police and community relations in the woredas of Eastern Wolega
Police must be ubiquitous in all circumstances, whether there is Zone in Oromiya Regional State.
crime or not, to deter possible crime and improve a feeling of secu-
rity among the people. Different theorists agree that creating a Literature review
strong alliance between the police and the community is Legal requirements for community policing as
unrivalled in securing an area from crime and social disorder. The defined in the Ethiopian Constitution
major objective of community policing is to establish an active Ethiopia is a federal state with ten regional states and two city
partnership between police and the community in which crime, administrations based on ethno-linguistic classifications. It has a
service delivery and police-community relations can be analysed parliamentarian form of government. The Constitution uses the
and appropriate solutions designed and implemented. However, classifications in referring the settlement patterns, language, iden-
this requires that the police consciously strive to create an atmos- tity and consent of the people concerned. The regional states have
phere to which potential community partners will be attracted and the power of self-rule and administration according to article 52 of
in which they can cooperate with the police. the Ethiopian Constitution (FDRE Constitution, 1995). Hence, there
are two strata in charge of enforcing the law of the land, known as
The Ethiopian police adopted community policing strategies to the federal and state police forces. The powers and functions of
encourage community participation to combat crime and social the federal government include the mandates of setting up and
problems together. However, the results so far are not encouraging administering the national defence and public security forces as
because police-community relations are sporadic and impotent. well as a federal police force, while the state police enforce law
This study aims to elicit the factors potentially affecting the rela- within their district. The federal government uniquely deploys the
tionship to build trust to ensure public safety and order. federal defence and police forces at the request of a state admin-
istration to arrest any deteriorating security situation that is
Statement of the problem beyond the capacity of the states to control.
Ethiopia introduced a modern police force in 1913 during the reign
of Emperor Menelik II. In the modernisation process, the break- Thus, the Constitution mandates the federal government to estab-
through was the inauguration of the Abadina Police College in lish law enforcement agencies, including the Ethiopian Federal
1934 during Emperor Haile Selassie's reign to train police cadets in Police Commission. This Commission was established by proclama-
advanced police science. However, the governments administering tion No. 313/2003 to safeguard the Constitution and other laws of
the country in different epochs manipulated the police force to the country to ensure the peace and security of the people. The
safeguard and protect their power from groups and parties moving Oromia National Regional State is one of the constituent regions of
against it. The Derg government, which came to power after the the Federal Democratic Republic of Ethiopia (FDRE) with jurisdic-
demise of Emperor Haile Selassie and his subordinates, restruc- tion to administer the area by forming the state police with the
tured the police based on socialist political ideology. Thus, the powers and functions of keeping public order and peace. This is
police were expected to protect the Derg revolution from anti- one of the major reasons why police institutions have the power to
revolutionary forces. prevent crime in partnering with the people to police the commu-
nity (Federal Negarette Gazette, 2011). In general, the Ethiopian
The country is currently aiming to minimise public grievances and Constitution guarantees the presence of two types of police forces
complaints against the criminal justice system. The change process operating within the mandate of the federal government and the
embraces the police as part of criminal justice reforms. The pre- state in self-rule.
ferred strategy to improve services in the police sector is to create
a platform for public debates and complaints. To this end, com- An overview of community policing
munity policing has been a strategy for the Ethiopian Federal The concept of police-community relations is not new and started
Police for decades. The intent is to engage the community in iden- with the Englishman Sir Robert Peel in 1829. When he undertook to
tifying and solving problems together with the police. reform the London Police with the Metropolitan Act of 1829, he and
the two commissioners he appointed, namely Charles Rowan and
However, the implementation does not satisfy the public because Richard Mayne, emphasised that the police should work in cooper-
of police structure, police officials' attitudes and unpreparedness ation with the people and should protect the rights, serve the needs
to accept the new paradigm as a lead police strategy. The reluc- and earn the trust of the population they policed (Critchley, 1967;
tance of the police to identify the difference between traditional Reith, 1952). Community policing has two primary components
policing and community policing, the perception of community ,namely partnership and problem-solving. Wood and Bradley (2009)
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note that partnership requires the police to assist people with a that nobody cares about the condition of the area; other windows
multitude of problems and social conditions, including crime, the can be broken and nothing will happen. This theory warns the
police must solicit and actively partner with the community. public to watch out for possible opportunities for criminals.

As pointed out by Kappeler and Gaines (2011), community part- Normative sponsorship theory
nership is fostered by the police engaging with the community to This theory proposes that many people have goodwill and need to
cooperatively resolve community problems, and problem-solving know about the importance of the community in ensuring public
is where the community policing officer attempts to deal with the safety and social order. It postulates that a community policing
conditions that cause crime and negatively affect the quality of life programme must involve the majority of people who acknowledge
in a community. The result is more responsive and comprehensive the relevance of the rule of law in creating crime-free areas. The
police service. As noted by PamelaMayhall, Thomas, Barker, police cannot achieve any positive transformations if public sup-
Ronald and Hunter (1995:1), the reforms executed by the port is minimal. It argues that drunkenness, begging, vandalism,
American police recaptured the old belief that a police force can disorderly behaviour and graffiti increase the crime rate (Aliyu,
and should be "the people’s police" - an agency that is responsible Jamilah, Jeffery & Abdul, 2012). This theory deals with the impor-
to the public it serves. tance of using the knowledge and skill of the public to retain their
cooperation with the police. It posits that failure to create a safe
Conceptually, community policing is defined as a proactive and and secure environment is the result of poor relationships
decentralised approach designed to reduce crime, disorder and between police and the community. The community fails to coop-
fear of crime by assigning the same officer to a specific geograph- erate with the police because their perception of them is negative.
ic area on a long-term basis (Trojanovich & Carter, 1988).
Moreover, it looks to intervene in the problems of crime and dis- Social resource theory
order by forming a partnership with its citizens. Police can cultivate The social resource theory is drawn from a widely supported social
a wide variety of benefits by fostering partnerships with the com- science concept (Törnblum & Kazemi, 2012). This concept sees
munity based on trust. It has appeared as a popular strategy with- crime and policing through the people's eyes and not those of the
in the field of development as part of state-building interventions state. From the people's viewpoint, crime is a personal problem
to restore community confidence in the police, improve social pro- resulting from unmet expectations, scarcity of resources and police
tection and police responsiveness and ensure adherence to human inefficiency. The police use social capital which is supposed to
rights and professional standards (Wisler & Onwudiwe, 2007). solve the people's problems. Policing should be of the people, for
the people, and by the people, which supports the idea of demo-
According to Hughes, Lurigio and Davis (2002), community policing cratic governance, empowerment and self-help.
centres are "a philosophy that promotes organisational strategies
that support the systematic use of partnerships and problem- Social resource theory begins by regarding crime as illegal but only
solving techniques to proactively address the immediate condi- from the state's point of view. However, for the people, crime is
tions that give rise to public safety issues such as crime, social dis- one of the experiences of life. The aftermath of a radical shift in
order and fear of crime". community policing theory, which empowers the people and
makes the police a social resource, obliges the state to address
To summarise, community policing has been the preferred strate- societal weaknesses. These ideas are not easy for the police and
gy of police to include the community in identifying and solving judiciary to accept, which is an inadvertent weakness. However,
community problems. Cementing police and community relations until police reform programmes at the regional level catch up with
with trust between police and the community is vital to be obliter- federal-level programme reforms, data gathering within the insti-
ating crime and crime-related acts. tution will be dominated by inputs and views from male represen-
tatives due to their participation in community policing activities.
Theories of community policing
The following theories are suggested by scholars in the field of Community policing as a model of police and
criminology and policing. All are used as a springboard to suggest community partnership
a wide variety of police strategies, including community policing. The community policing model offers the community a problem-
The theories thoroughly discuss the impact of crime and possible solving strategy by developing trust between the police and the
barriers preventing the police and the community watching over community in both rural and urban settings (Hughes et al., 2002).
an area effectively. The broken windows theory, the normative The aim is to make the community a partner in the crime preven-
sponsorship theory and the social resource theory are discussed to tion and detection work of the police service. Community policing
show theoretical premises of crime prevention. is only one of a range of methods and operating procedures that
the police will use in any given circumstances. It contributes to
Broken windows theory police intelligence, though there are often difficulties with balanc-
There are several theories about crime and its effects. The first is ing trust and using locally acquired intelligence. It relies on local
the broken windows theory of Wilson and Keling (1982). Social relationships and frequent contact between police officials and
psychologists and police officials tend to agree that if a broken win- local leaders and victims of crime. As is often the case in keeping
dow in a building is left unrepaired, the remaining windows will public order, when police or paramilitary squads are brought in,
soon be broken too. The premise is that as a broken window shows community policing is difficult to apply.
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Community policing broadens the nature and number of police requires a great deal of training, close supervision, strong analyti-
functions compared to traditional policing. The police system was cal capacity and organisation-wide commitment (Skogan & Steiner,
based on home-grown knowledge of neighbourhoods. The empha- 2004:155). This partly covers the barriers, which have three
sis is on organisational transformation, proactive collaboration, sub-sections, namely the police official, training and sustained
problem-solving and external partnerships to address issues that organisational commitment.
concern both the police and community members. It places equal
emphasis on crime control, order maintenance and service. It is The police official
essential for the police to work with community members and As Bucqueroux (2007) states, a National Centre of Community
other collaborative partnerships, including law enforcement agen- study reported four initiatives on community policing and the con-
cies and the individuals and organisations they serve, to develop tribution of the community to identifying, prioritising and solving
solutions to problems and increase trust in police. problems. This frees community police officials to work on identi-
fying and solving problems with the community. Another barrier is
Challenges in implementing community that police officials' performance is measured based on enforce-
policing ment-type performance rather than their ability to build relation-
Different barriers have been found to impede the implementation ships with the community; the result is the inability to reward an
of community policing focus. These hurdles are not easily over- officer's decent work (Skogan & Hartnett, 1997; Skolnick & Bayley,
come and do not apply to all police departments. These barriers 1998; Green, 2000; Polzin, 2007).
are implementation challenges, police official/organisation, the
resident community, police culture and specialised units. Training
Different experts in the field of police practice comment that most
Implementation challenges officials are not trained in how the partnership will be formed, nor
Community policing is a popular reform but little attention is paid do they have experience of organising community involvement or
to the challenges of implementation (Mastrofski, Wills & Kochel, empowering the community. Police officials are not trained in
2007), which is often said to be fraught with problems and chal- using the full potential of community policing to deter crime and
lenges for several reasons. Patterson (1995) notes that implemen- possible crime. Skogan (2006) briefly notes that training is often
tation of community policing is challenged by the incremental short-changed because community policing is labour intensive.
nature of its introduction, resulting in increased resources allocat- Mastrofski et al. (2007) comment on the experience of the United
ed for short times with little time for planning. As noted by States that recruiter training has not been revised to promote com-
Mastrofski et al. (2007), the traditional barriers of organisational munity policing techniques.
change, limited resources and a resistance to police culture still
exist and will continue to deter the successful implementation of Sustaining organisational commitment
any community policing initiative. Many authors agree that to Skogan and Hartnett (1998) argue that one of the key barriers to
achieve effective community policing, implementation issues must community policing is sustaining organisational commitment. They
be addressed (Segrave & Racliffe, 2004; Sadd & Grinc, 1996). further note that organisational commitment is important in
According to Mayhil (2006), possible consequences of poor imple- achieving a decline in levels of crime, social disorder and physical
mentation are: decay. Young and Tinsley (1998) agree that traditional police struc-
 A lack of police official understanding and buy-in leads to tures have done little to foster the acceptance of responsibility for
cynicism and a lack of cooperation. analysing a problem and seeking a resolution. Mastrofski et al.
 Poorly planned engagement leads to unrealistic community (2007) criticise the general lack of a "whole-of-police" approach to
expectations. community policing. Moreover, Polzin (2007) notes that the police
 Frustrated/disappointed communities are less likely to engage need to employ change management strategies to successfully
in the future. implement community policing. In a similar fashion, Goldstein
 The engagement process is dominated by one group or com- (1993, in Flynn, 2004:29) states:
munity interest. The initiatives associated with community policing cannot
 Problem-solving benefits communities that least need it. survive in a police agency managed in traditional ways. If
 Problem-solving exacerbates divisions in communities that changes are not made, the agency sets itself up for failure
have differing interests. … offices will not be creative … if a high value continues to
 Community members take inappropriate or illegal action be placed on conformity. They will not be thoughtful if
response to problems. they are required to adhere to regulations that are
thoughtless. And they will not aspire to act as mature,
These challenges are observed in countries attempting to replace responsible adults if their superiors threaten them like
traditional philosophies of community policing. Police officials' children.
attitude to community policing is influenced by cynicism and a lack In support of the above-mentioned idea, Polzin (2007) believes
of knowledge and skills to apply the central tenets. that for community policing to be successful, all barriers must be
identified to take a step forward and spread out the philosophy in
The police official/organisation country-wide programmes.
There are several reasons why the police official and the organisa-
tion pose a barrier to community policing. Community policing
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The residents/community The challenges emanating from police culture in the implementa-
The participation of the community in identifying and solving tion of community policing rely on police officials accepting public
problems is decisive. Engaging the community in the decision- participation in decision-making and operational procedures. The
making process creates trust and cooperation between the par- struggle for power and perceiving community policing as soft on
ties. However, the lack of sustained community involvement and crime are the main reasons why the police and community differ.
engagement are barriers to community policing implementation.
About the study area
Sustained community involvement Oromia is the largest region in Ethiopia, stretching across 34% of
One of the barriers that affects the progress of community polic- the country from east to west, and is home to more than 37
ing is a lack of commitment and effort. Establishing police- million people (FDRE Central Statistical Agency, 2013). It is divided
community trust plays a role, particularly in sustaining commit- into 20 administrative zones, 30 town administrations and 287
ment. Community policing is positively impacted by community rural and 46 town woredas. According to the last census, more
involvement but keeping it sustainable has been a long-standing than 65 ethnic groups and people from neighbouring countries live
issue (Skogan & Hartnett, 1998). Community policing advocates in Oromia (FDRE Population Census Commission, 2008). It shares
that individuals have common interests, values, integrity, demands international borders with Sudan and Kenya. The study was carried
and expectations; but in practice communities are ambiguous out in the woredas of East Wollega zone. The woredas were iden-
(Skolnick & Bayley, 1988). Skogan (2006) argues that community tified after an analysis of crime statistics and performance reports.
involvement is not easily achieved in areas of most need, and
harder-to-reach parts of the community can become excluded RESEARCH DESIGN AND METHODOLOGY
from the “community effort” because they have different inter- The primary objective of the study was to understand the imple-
ests, values and expectations. Segrave and Ratclitte (2004) reflect mentation of community policing and the outcome of a growing
that community policing serves the interests of the vocal minority trend of public participation in identifying and solving community
and the presence of certain personalities and influential groups problems. A quantitative research method was employed to elicit
can dominate discussions and control the direction of an initiative. numerical data and facts by employing statistical and mathemati-
cal techniques.
Police culture
Police culture is one of the barriers to moving community policing Methods of data collection and analysis
practice forward. Young and Tirsely (1998) note that especially Data for the study was gathered using questionnaires that were
traditional law enforcement and criminal justice practices create a tested for validity before dissemination. Police officials and two
lack of understanding of what community policing is. Furthermore, additional data collectors were employed to distribute and collect
Skolnick and Bailey (1988) point out that the ideas of '"solidarity" the questionnaires. Percentile was the analysis technique used to
or ""brotherhood" are important in understanding resistance to show the status of community policing in the community, as it
community policing. On the one hand, the police official's cooper- could describe the survey results in one or more measures.
ation in times of trouble, offence or threat and perceived danger
(Scolnick & Bayley, 1988) is assumed. Skogen (2006) states that Selecting respondents
resistance to community policing within the ranks happens Respondents were selected using a purposive sampling technique.
because it is perceived as soft policing or "social work" and "just One hundred and two respondents completed the questionnaires.
politics" due to the involvement of public officials. Some officials However, the number of participants does not represent the
hate civilians' influence on prioritising operations. Scott, Hogg, general population of the study.
Barcley and Donnermeyer (2007) believe that traditionally police
are "formally trained and informally socialised" through the Analysis and interpretation of findings
bureaucracy of law enforcement, which provides a counter to Questionnaires were distributed to community policing board
community policing and community engagement. members, businesspeople, students, police officials and elders of
the community. Respondents were informed about their right to
One can note that police culture is one of the factors hindering the stop completing the questionnaires at any time. The question-
advance and implementation of community policing. Police cul- naires enjoyed a high rate of return, which suggests that all
ture can undermine police-community relationships because respondents took part willingly.
police officials dominate as "crime and disorder experts," which
disadvantages the community when offering solutions.
Bucqueroux (2004) remarks that police are doing an excellent job Table 1: Respondents by gender
of engaging with the community for help and support but are still
reluctant to share power and decision-making with them. Herbert Gender Number Percentage
(2006) however, argues that police decide on the terms of engage- Male 80 86.2
ment with various social problems because of their separation Female 22 13.8
from the community due to their duties and powers, which
Total 102 100
disempowers the community and limits its involvement.
As Table 1 shows, the responses were dominated by male partici-
pants.
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Table 2: Age of respondents aware of community policing. The table shows that a considerable
number of respondents rated their knowledge as poor or average.
Age Number Percentage Their level of understanding affects their active participation in
implementing community policing programmes.
20-30 50 49.1

31-40 40 39.2 Table 5: Community engagement in community

policing and attitude to crime prevention and
41-50 10 9.8 control

51-60 2 1.9 Item Level Number Percentage

How do you Very high 15 14.7
60 and older - - rate community
engagement High 20 19.6
Total 102 100
and attitudes to
the effective- Average 30 29.4
As shown in Table 2, most of the respondents (49.1%) were in the ness of commu-
Low 37 36.2
age range of 20-30, while 40 (39.2%) were between 31-40. Only a nity policing in
few respondents (10 (9.8%) and 2 (1.9%) respectively) were in the crime preven-
age ranges of 41-50 and 51-60. Most of the respondents are either tion and con-
adults or young adults. trol?
Total 102 100
Table 3: Respondents by educational background
Educational Number Percentage According to Table 5, 30 (29.4%) of respondents agreed the level
status of engagement and attitudes of the community to community
MA/MSc. above - - policing was only average, while the remaining 37 (36.2%) rated it
low. The remaining 15 (14.7%) and 20 (19.6%) were rated as very
Degree 60 59.1
high and high, respectively. From this, it could be argued that the
Certificate 30 29.2 community's attitude to community policing is low.

Diploma 10 9.8 Table 6: Level of openness to receiving citizen

complaints about community policing
High school 2 1.9
Item Level Number Percentage
Total 102 100 Are the police Excellent 5 4.9
open to receiv-
Very good 5 4.9
Table 3 shows that 60 (59.1%) of the respondents held a first ing public com-
plaints about Good 10 9.8
degree and 30 (29.2%) had a diploma. Only ten (9.8%) had a cer-
tificate and two had completed high school. The educational back- community Average 15 14.7
ground of respondents serves as a guarantee to the validity of the policing?
Poor 67 65.6
responses in that these were gathered from those who are able to
read and write. Total 102 100

Table 4: Respondents' awareness of community

policing As Table 6 shows, 82 respondents (80.3%) rated the level of open-
ness to receiving complaints about police as either poor or aver-
Item Level Number Percentage age. This implies that cooperation between the community and
How do you rate Excellent 30 29.4 police is poor and may show an area where trust in the police is
your level of low. The high proportion rating police openness as poor or average
understanding Good 37 36.2 indicates that the police are not open to complaints from the
of community Average 15 14.7 public.
policing? Poor 20 19.6
Total 102 100

As shown in Table 4, 30 (29.4%) respondents rated their under-

standing of community policing as excellent and 36 (36.2%) as
good. While 15 (14.7%) said it was average, 20 (19.6%) were not
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Table 7: Door-to-door contact with inhabitants to Table 10: Community willingness to work with
create awareness of community policing community policing officials to avoid criminal
activity in the neighbourhood
Item Choice Number Percentage
Is door-to-door Yes 45 44.1 Item Level Number Percentage
contact made to How do you rate Excellent 12 11.7
create awareness of society's willing-
No 57 55.9 Very good 10 9.8
community policing ness to work
effective? with community
Good 20 19.6
Total 102 100 policing officials
to avoid criminal Average 10 9.8
activity in the
Table 7 shows that 57 respondents (55.9%) said there was no neighbourhood? Poor 50 49
door-to-door contact with the residents about community policing
and 44.1% claimed that there was. This indicates that the police do Total 102 100
not use an efficient door-to-door approach to enhance awareness
and public participation.
As shown in Table 10, 60 (58.8%) respondents said society's will-
Table 8: Is community policing effective in ingness to collaborate with the police was poor or average. The
preventing and controlling crime? remaining 42 (36.1%) rated it as excellent, very good, or good, see-
ing the collaboration between the two partners as positive.
Item Choice Number Percentage However, the willingness of the community to work with commu-
Do you think Yes 62 60.8 nity policing officials is far below average.
community polic-
ing is an effective
No 40 39.2
CONCLUSION
technique for The implementation of community policing in the study areas has
crime prevention not been successful because of a lack of awareness of the princi-
and control? ples of community policing among the residential community. It
Total 102 100 has failed to bring police and citizens together to fight crime.
Although there is wide support from informed people, the practi-
cal difficulties are still significant and make community policing
Table 8 shows that 62 respondents (60.8%) believe that communi- ineffective.
ty policing is an effective strategy to prevent and control crime.
Although a considerable number of respondents disagree that it is The major factors associated with the failure of the implementa-
effective in preventing and controlling crime, the majority agreed tion of community policing include the widespread view that deal-
that it is effective. ing with crime is a matter for the police alone and not the com-
munity. This issue has made most people reluctant to attend the
Table 9: Community participation in community meetings organised by the police to address issues. Furthermore,
policing programmes there is an inadequate understanding within the community of the
benefits of self-security and the importance of a shared sense of
Item Level Number Percentage responsibility in preventing crime.
How do you rate Excellent 10 9.8
community par- The study also found that the implementation of community polic-
Very good 12 11.7
ticipation in ing did not achieve the expected outcomes. This finding is separate
community Good 15 14.7
from any findings on crime rates in the zone, which were not con-
policing pro- Average 20 19.6 sidered in detail. It appears that the introduction of community
grammes? policing has not had any significant effect on either the incidence of
Poor 45 44.1
crime or on crime statistics generally. The study did reveal scepti-
Total 102 100 cism by the public about the effectiveness of community policing.

Of most concern was the low public opinion of the police, due to
Table 9 shows that 65 (63.7%) of the respondents agree that the police indifference to public complaints about police misconduct
people's participation in community policing is either poor or and unethical behaviour. It is likely that this, in turn, makes the
average. Only a few respondents, namely 37 (36.2%), said that par- police reluctant to visit the public door-to-door to include more of
ticipation was excellent, very good or good. In general, the data them in dialogues with the police. People are extremely reluctant
indicates that community participation is below average. to attend meetings and appear to be suspicious of police house
calls made in the interest of community policing.

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rural areas. Ababa: Birehanena Selam Printing.
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RECOMMENDATIONS http://www.alc.gov.au/publications/proceedings/05/sarre.pdf
As the findings indicate, there was limited knowledge of commu- Accessed on: 5 January 2023.
nity policing and the public were not enthusiastic about policing Hughes, G., Lurigio, A. & Davis, R.C. (2000). The prevention of crime:
based on public participation. The following recommendations are social and situational strategies. Thousand Oaks, California: Sage.
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 An awareness-creation programme targeting the public vul- strategy. New York: Routledge.
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 The community often shows interest in collaborating with the menting community policing in the United States. Policing: A Journal
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where people can learn about community policing values and Challenges_of_Implementing_Community_Policing_in_the_United_
principles. States/citation/download
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lessons-from-the-literature-andy-myhill-first-published-2006-reprint-
ed-2012.html. Accessed on 13 August 2007.

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Patterson, J. (1995). Community policing: Learning the lessons of Skolnick, J.H. & Bayley, D.H. (1988). Community policing: Issues and
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(eds.) Crime in Rural Australia. Sydney: The Federation Press. tive view. International Police Executive Symposium (IPES) Working
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overview. Australian Institute of Criminology. sites/default/files/publications/documents/WPS_No6_new.pdf
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ARTICLE
Exploring the different management roles
of Police in the Criminal Justice System
in the Thohoyandou area

Lufuno Rasivhaga
South African Police Service

Dr. Alice Maree

STADIO
E-mail: [email protected]

ABSTRACT
The objective of this study was to identify different management roles of the police that can be used to
address management challenges that affect the Criminal Justice System (CJS) in the Thohoyandou area of
the Limpopo province of South Africa.

The study employed an explorative and descriptive research design within the qualitative research approach,
and semi-structured interviews to collect data from 14 purposively sampled police officials from
Thohoyandou. Content analysis was used to analyse the data.

The research findings revealed that the police have critical management roles to play in the CJS, namely
human relations management, scientific management and system management. Challenges identified by
participants include corruption, lack of resources, ineffective use of technology to curb crime and ensure
safety, capacity shortages and poor performance of officials. Mechanisms to promote an effective CJS
suggested are improving court administration, case-flow management programmes, proper communication
and improved criminal investigations.

The study recommends implementing anti-corruption measures, regular training of police officials, moni-
toring performance management and providing adequate capacity and resources.

KEYWORDS AND PHRASES

Criminal justice system, crime, law enforcement agencies, management, management roles, management
challenges, police, semi-structured interviews

INTRODUCTION community and does not consider individuals' socio-economic

The Criminal Justice System (CJS) in South Africa consists of the factors such as financial position, gender, race, religion or political
South African Police Service, prosecution services (the National association. Everyone who lives in Thohoyandou has an equal
Prosecuting Authority), the courts, the Department of Justice and opportunity to interact with the CJS, either as a victim or witness,
the Department of Correctional Services (South African or perhaps as an offender or accused person.
Government, n.d). Each component performs a pivotal role in
reducing crime in South Africa. The South African Police Service’s The CJS does not function properly in Thohoyandou. Despite
Annual Report for 2019/2020 (2020:43) notes that crime is increas- assurances that it was developed to minimise the incidents of
ing in Thohoyandou. Crime negatively affects all parts of the criminal activities, the system is hampered by staff shortages, a
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lack of accountability and corruption (Sithuga & Rakubu, concluded the data collection process with the 14th interview.
2023:543). Furthermore, the management styles in Content analysis was used by coding the data. Content analysis is a
Thohoyandou's CJS seem to contribute further to its ineffective- systematic, replicable technique for compressing many words of
ness. text into fewer content categories based on explicit rules of coding
(Schurink, Schurink & Fouche, 2021:406-412).
Islam (2019:19) is of the view that without an effective CJS, there
is no functional government; instead, lawlessness will be rampant Ethical considerations were adhered to. As the research included
and people and their property will not be safe and secure. An interviews, ethical clearance was required and granted by the
effective and efficient CJS promotes the government's proper STADIO School Ethics Committee. The researcher considered the
operation and preserves order within society. The situation is exac- following ethical issues: voluntary participation, no harm to partic-
erbated by the lack of adequate law enforcement equipment in ipants and confidentiality (as suggested by several researchers
the Thohoyandou CJS. (Babbie, 2017:62; Tracy, 2013:243; Hennink, Hutter & Bailey,
2011:67)).
Against this background of high crime levels, questionable CJS and
the impact of leadership styles, the need to explore and describe Literature review
management roles, especially those of the police in the CJS in Creswell (2012:8) describes a literature review as a "written sum-
Thohoyandou, is imperative. mary of journal articles, books and other documents which plays
critical roles in unfolding the past and current nature of the infor-
Research objective and methodology mation". The literature review of this study focused on three com-
The general objective of this study was to identify different ponents of the CJS, namely the police, the courts and correctional
management roles of police that can be used to address manage- services that have different roles after a crime has been commit-
ment challenges that affect the CJS in Thohoyandou. The specific ted. Identifying and detaining a criminal is the responsibility of the
objectives are to determine management challenges which affect police; judgment resorts within the ambit of the courts; and
the CJS in Thohoyandou; mechanisms that can be implemented to punishment and rehabilitation is the responsibility of the correc-
promote effective and efficient CJS in Thohoyandou; and the tional services.
management roles to be performed by the police to promote
effective and efficient CJS in Thohoyandou. Islam (2019:17) maintains that the CJS is an essential part of any
civilised country and plays a leading role in ensuring "justice, fair-
According to Sefotho (2021:11), a research methodology includes ness, the practice of the rule of law and the institutionalisation of
the methods, strategies, techniques and instruments used in a a democratic system". It comprises several law enforcement agen-
research design. A qualitative research approach with an explo- cies such as the police, who have been mandated to guarantee
rative and descriptive research design was used to extract the social agreement and mass compliance or amenability to the rule
views of police officials in Thohoyandou about the management of law. The CJS role-players consider whether or not a person is
role of police in the CJS. This research methodology created trust- guilty of breaking or violating the laws of the country, and about
worthiness, valid research findings and relevant recommendations suitable punishment for such people. The CJS is also mandated to
about the management roles of police in the CJS in Thohoyandou. care for and rehabilitate people who have been found guilty of
The case study research method was used because it is approp- violating the law and punished.
riate for real-life situations and its richness of detail is crucial. A
case study is an empirical enquiry that investigates a phenomenon Roles of the police in the CJS
in its real-life context (Ebyenamini & Moghadam, 2018:3). It Islam (2019:21) contends that a contemporary country cannot
involves an investigation and analysis of a single or collective case operate its CJS without a well-organised and stable police service
and is intended to capture the complexity of the material under mandated to arrest people who commit crimes and violate the rule
study. of law. To prevent misdeeds, police officials take criminals into cus-
The data was collected by the first author using face-to-face semi- tody before they appear before criminal courts. Another significant
structured interviews. Semi-structured interviews permitted the function of the police is to investigate criminal activities. This
participants to relate their experiences in their own words without power is enshrined in the Constitution of the Republic of South
restriction. The interviews were guided by a semi-structured Africa, 1996 and the South African Police Act 68 of 1995.
schedule and recorded.
Upon completion of an investigation, the police submit a charge-
A purposive sampling method was adopted to select the sample as sheet to the prosecuting services or a final report for release of the
it allowed the researcher to identify and select supervisors or man- accused. A police official can verbally examine anyone who may be
agers within the police in the CJS in Thohoyandou. The sample for acquainted with the facts and circumstances of the case. It is a
this study comprised 14 participants: two managers, three super- crucial role of the police to discover the truth behind the commis-
visors, five investigators and four court orderlies. There were eight sion of a crime.
men and six women. The respondents were purposely selected
based on their experience in the CJS in Thohoyandou; they all had Police are also responsible for search and seizure. The South
more than five years' experience in the CJS. Data saturation was African Police Act 68 of 1995 sets the methods and procedures for
evident from the 11th to 14th interviews. The researcher therefore this process and the police are required to follow fair and reason-
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able procedures. This function is mostly carried out with a warrant, the latter encompasses the daily management of employees in a
depending on the type of crime or the circumstances (South workplace (Rose, 2005:7). Human relations management high-
African Police Service Annual Plan 2016-2017 (2016:89). lights the morale, values and feelings of employees as significant
factors in a workplace's dynamics. According to Rose (2005:7),
Management approaches and roles in police human relations management style is also viewed as a
Like any organisation, the State and local CJSs should have "democratic or participatory management", wherein managers act
management roles that best permit them to realise their objec- as mentors and counsellors to employees instead of being micro-
tives of preventing crime, adjudicating criminal offences and pun- managers only concerned with improving production. This model
ishing offenders (Yesufu, 2014:12). For the purpose of this study a might, however, conflict with the hierarchical culture of many
management role means the tasks to be performed by the person criminal justice agencies such as the correctional services and
in charge. A distinction can be made between scientific manage- police department. Nevertheless, HR management's acknowledg-
ment, human relations management and system management. ment of the significance of worker morale shows consideration for
CJS organisations.
Scientific management: A study by Gull (2017:26) posits that
scientific management procedures, which focus on establishing For this study, hierarchies rely on rules, structures and top-down
procedures, must not remove experienced officials (leaders or control to guide organisations such as the SAPS to execute their
managers) who thoroughly comprehend the practical matters of management roles in the CJS.
policing; however, a scientific management approach does not
value the perception and experience of employees. According to To achieve an HR-focused organisational culture, these skills are
Bell and Martin (2012:9), correctional officials employed in correc- essential:
tional centres and patrol officials in police departments are essen-  Communication and especially open lines of communication:
tial in providing valuable insights that could significantly guide the Managers must be able to adapt their language by using
leaders. different vocabulary and formality for high-level executives and
base-level employees and in different circumstances (Onifade,
Human Relations (HR) management: Human relations pro- Opele & Okafor, 2018:9).
mote developing and maintaining positive workplaces, retaining  Conflict resolution: There are many different personality
workforces and supporting productivity (Peek, 2020:34). Human types, worldviews and objectives (Vishakha, 2014:28).
relations in the police must be supported which is the responsibil- Consequently, a manager must be comfortable with, experi-
ity of management. Making human relations within the South enced in and knowledgeable about conflict resolution.
African Police Service (SAPS) the focus of its management Managers have to assist their subordinates to work together in
approach can generate a workplace culture in which police officials a civil manner (even though they may not agree on all points)
can thrive. Developing HR skills in police managers or leaders can so that the work is done on time.
modify the management style and make it HR-centred (Reiner,  Multitasking: Peek (2020:12) claims that managers face
2010:14). According to Vishakha (2014:22), human relations are numerous tasks, questions and issues which need to be solved
the "study of human issues arising from organisational and inter- daily. An efficient manager is able to manage multiple compet-
personal relations". That definition has been translated to an ing priorities at once without missing deadlines. Flexibility is
organisational approach which focuses on supporting the work- also important. Managers must adapt to policy or organisa-
force in their career development and organisations to achieve tional changes that affect subordinates' daily workflow
their mandates; for example, the police are responsible for main- (Vishakha, 2014:11).
taining peace and preventing criminal activity. HR are also con-  System management: The systems approach to management
cerned with interacting in a healthy manner with others and theory, usually regarded as the foundation of organisational
creating strong relationships (Olsen, 2012:18). From the perspec- development, views the organisation as an open system con-
tive of leaders and managers, HR helps to create systems and sisting of inter-related and interdependent parts interacting as
communication channels that permit group employee relation- sub-systems. Olsen (2012:12) defines systems management as
ships and strong one-on-one relationships. Moreover, HR involves a management function that uses a combination of purposely
the "process of training employees for specific roles, addressing designed processes and procedures to guarantee the organisa-
their needs, resolving conflicts between employees or between tions can accomplish their objectives effectively. Systems man-
management and employees and creating a positive workplace agement refers to an organisation's strategic processes based
culture" (Peek, 2020:14). on a framework of instructions, followed by well-designed
rules for undertaking organisational operations. The goal is
Relationships between workers and management are of significant attaining the organisation’s targets and mandates. It is para-
value within any organisation. HR may impact performance in mount to have a clear vision of and specific directions for the
organisations such as the SAPS, in their quest to meet constitu- main organisational tasks. All modern system management
tional mandates and the competitiveness and long-term social and models primarily emphasise four main functions, namely
economic sustainability of the country. "corporate performance standards being practiced, perform-
ance measurement, reporting of progress and quality process-
Regardless of their similar-sounding names, "human relations es by identifying performance gaps" (Gordon, 2021:23).
management" is different from "human resource management":
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Just Africa 2/2022
for appropriateness and efficiency in the criminal justice
Management challenges process must not conflict with the value of justice. To
Police in the CJS currently experience numerous management Dandurand (2014:23), improvements should not affect the
challenges. Regardless of assurances that it is working to minimise effectiveness of the CJS or the value and quality of justice it
the incidents of crime, the system is slowly grinding to a halt provides to the public. An improvement in efficiency of the CJS
because of staff shortages, a lack of accountability and corruption. must clearly, therefore, not lower the quality of the CJS. An
Corruption severely affects the management of criminal justice effective CJS must be achieved by allowing the system to meet
across the world (Islam, 2019:29). Smith (2018:18) claims that its purpose; as Jacob (2017:21) maintains, this is "desire for
many South Africans view police officials as "lazy, corrupt, ineffi- peace and public safety and focus on preventing crime,
cient, bribe-taking, money-extorting officers". These concerns are resolving conflicts, and problem solving generally".
some of the reasons why the country does not have an effective  Improving criminal investigations and improving com-
and efficient CJS. Another challenge is that the SAPS has inade- munication between the police and the prosecution:
quate equipment to enforce the law. According to Smith (2018:17), According to Dandurand (2014:18), judicious and effective
they do not have enough "transport, modern communication, investigations by police officials and sending correct and com-
arms and ammunition and logistic facilities" to be effective. CJS plete reports to the prosecutors can accelerate the processing
across Africa are characterised by inadequate logistics support of criminal cases in the CJS. Most failed or delayed prosecu-
such as insufficient staff. Law enforcement agencies are falling tions are caused by poor investigations by police officials.
behind in using technologies that are vital for reducing crime rates, Additionally, Jacob (2017:11) indicates that poor police report-
apprehending criminals and improving safety for police officials, ing and the lack of evidence at the investigation stage delays
suspects and the public (Yesufu, 2014:6). Another challenge, as prosecutions. The tasks of prosecutors and police officials
identified by Jacob (2017:17), is that poor performance by criminal differ significantly from one CJS to another, but improved com-
justice agency officials weakens several aspects of the criminal jus- munication between them is essential to rectify any uncertain-
tice process making it frequently unmanageable. Specifically, the ties and mistakes which reduce the efficiency of the criminal
lack of accountability for performance in the system renders it justice process (Dandurand, 2014:19). As an example, better
vulnerable to condemnation and slow in implementing mecha- communication ensures that much-needed evidence is collect-
nisms to improve its efficiency. ed and made available, any missing evidence is identified in
time, charges are articulated properly and witnesses are iden-
Mechanisms that can promote effective and tified and, if necessary, protected. Improved communications
efficient criminal justice systems and clear interagency procedures can help to ensure that
The SAPS must put effective mechanisms into practice to perform police officials are available when needed to testify and give
well in the CJS of South Africa. Dandurand (2014:11) suggests the evidence, thus avoiding fruitless hearings (Jacob, 2017:14).
following: Completing investigations timely and submitting correct and
 Improved court administration: Clearly, this is affected by complete reports to prosecutors undoubtedly goes a long way
aspects such as automation, scheduling and case tracking. to support speedy and effective case processing.
Powerful and well-designed information management systems  Improving case flow management: Dandurand (2014:22)
play a significant role in improving case management, but they describes case flow management as a dynamic process of
must be accompanied by other reforms to ensure full benefits monitoring, supervising and managing cases in the CJS to curb
for law enforcement agencies (Dandurand, 2014:11). Case pro- unnecessary delays and postponements. Crucial improvements
cessing delays are not directly eradicated by automation, but it can be made to the management and supervision of the crim-
can support wider case flow management initiatives inal justice process by emphasising suitable case-flow manage-
(Dandurand, 2014:17). As an example, using a case scheduling ment and strengthening the court's administrative functions
order, a timeline agreement that is accepted by all parties, (Jacob, 2017:17).
sometimes yields a more effective and efficient process
(Dandurand, 2009:34). Dandurand (2014:17) opines that The literature review described the management roles of police in
Information and Communication Technology (ICT) is a key pil- the CJS, challenges faced by the police and the strategies that can
lar of any successful case management system. Technological be implemented to ensure an effective and efficient CJS.
developments can significantly improve the administration of
the CJS (Dandurand, 2009:35). The aim of these technologies is Research findings
to reduce delays, open access to justice and foster speedy, The face-to-face semi-structured interviews used to collect data
equal, fair, transparent and reliable criminal justice processes are supported by the literature reviewed for this study.
(Dandurand, 2009:40).
 Efficiency and effectiveness: CJS agencies must be aware of The management roles of police in the Criminal
the necessity of improving the system's efficiency in ways that Justice System in Thohoyandou
do not compromise its fairness and effectiveness (Dandurand, Tengpongsthorn (2016:45) indicates that management should
2014:22). For instance, public calls for CJS effciency have ensure that organisations meet their goals and mandates. These
caused reforms that minimise delays in court proceedings, views were confirmed by several participants.
which ultimately prioritises the overall interests of the public, Participant 1 said that "as police officials, we are tasked to arrest
offenders and defenders (Jacob, 2017:9). Nevertheless, aiming people who break the laws and rules of the Republic of South
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Just Africa 2/2022
Africa. After arresting law breakers, the police take them into the
custody and transfer them to criminal courts". The South African Management challenges that affect the Criminal
Police Service has a Constitutional duty to prevent, combat and Justice System of Thohoyandou
investigate crime, to maintain law and public order, and a duty to Yesufu (2014:19) claims that police in the CJS currently experience
ensure the protection and security of all South Africans (The numerous management challenges.
Constitution of the Republic of South Africa, 1996). Legal aspects
regarding arrests made by the police are stipulated in section 49 of Participant 6 said: "There are incidents of corruption among us,
the Criminal Procedure Act 51 of 1977. This falls under scientific and it hugely affects our roles in the CJS in our area. Corruption is
management roles and approaches. the enemy of carrying out our responsibilities effectively." Smith
(2018:18) concludes that many South Africans view police officials
Participant 2 said that the "scientific management role is one of as "lazy, corrupt, inefficient, bribe-taking, money extorting offi-
the crucial roles that are adopted by the whole SAPS across South cers".
Africa and also we use ranks in the policing environment, in these
ranks we have different procedures to be followed". According to The quote above indicates that corruption among police officials in
Gull (2017:9), scientific management roles work well in many crim- Thohoyandou is one of the challenges which affect the police's role
inal justice organisations; for example, the police and correctional in the CJS.
facilities use the quasi-military "ranked system of organisation".
The SAPS uses a scientific management role which supports its Participant 7 commented: "We are experiencing the challenges
ranking systems. of lack of resources, for example, we have limited vehicles to use
for the purpose of fighting criminal activities." Participant 8
Participant 3 indicated that "police officials are mandated to crit- shared the same sentiments, saying: "The challenge of lack of
ically investigate criminal activities which take place in different resources is affecting the roles of the police in the CJS."
societies, and it is one of the management roles which should be
effectively done by the police in the CJS and they were given this Smith (2018:17) supports the views of participant 7 and 8, indicat-
powers of investigating criminal activities by the National ing that the SAPS have inadequate law enforcement equipment to
Development Plan (NDP), SAPS Act and the Constitution of South help them to manage the CJS. The comments above indicate that
Africa". Section 205(3) of the Constitution of the Republic of South a lack of resources within the SAPS affects the functions of police
Africa, 1996 states that a significant function of the police is inves- officials in the CJS across South Africa.
tigating criminal activities. The quotation above illustrates this role
must be adequately performed by police officials in South Africa. Participant 9 noted: "We always hear about Fourth Industrial
Revolution (4IR) which requires the employees of any organisation
Participant 4 said: "As a station commander, one of our responsi- to be technologically innovative, but here we have a challenge of
bilities is to promote human relations within the department's CJS using technologies which are vital in CJS." Yesufu (2014:6) claims
and we do this in order to allow our members to work in harmony; that law enforcement agencies are lagging behind in using tech-
we don't tolerate quarrels among police officials." nologies which are vital for reducing the crime rates, apprehending
criminals and improving the safety of police officials, suspects and
Participant 13 responded: "One of the roles of police in the CJS is the public. This indicates that the SAPS have a challenge in using
to encourage human relations management and it is vital in the technologies that play pivotal roles in the CJS.
sense that it prohibits police officials from arguing."
Participant 10 commented: "Lack of capacity within SAPS is a
Reiner (2010:14) claims that making HR within SAPS the focus of major challenge that hinder the work of police officials in the CJS
the SAPS's management approach can generate a workplace cul- and some cases take long time to be processed due to capacity
ture in which officials can thrive. shortages."

The quote above indicates that HR management is one of the roles Participant 13 added: "We have a challenge of shortage of
of the management of SAPS that allows them to effectively exe- human resources in our SAPS and due to shortage of human
cute their duties in the CJS, particularly in Thohoyandou. resources, investigations of cases take long and this causes the
public not to have faith in CJS."
Participant 5 shared the views of Participant 1 and revealed that
"we have a human relations management that allows our man- Participants 10 and 13 shared the same views on the lack of
agement to effectively communicate the goals of SAPS and the capacity in SAPS components. The above quotes indicate that a
functions of each member of the SAPS. Communication is very shortage of police officials hampers the management roles and
important in all structures of SAPS". Hargie (2016:7) supports this approaches of the police in the CJS.
by indicating that effective communication helps to ensure that all
workers are not only on the same page but also are motivated and Participant 11 mentioned: "Poor performance among some of
valued in their jobs. HR management within SAPS is crucial in our colleagues affect our roles in the CJSs and cases are taking long
promoting effective communication among police officials. time to be finalised and processed due to incompetence of our
staff."
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which were faced by the police stations in Thohoyandou.
Participant 12 said: "Some of our members are not performing Participant 5 commented: "As one of the leaders of police offi-
well in their roles and this affect our duties in the CJS." cials, my mandate is to promote effective and efficient CJS around
our region and South Africa as whole, so we have an effective and
To support the opinions of participants 11 and 12, Jacob (2017:17) efficient CJS which we use to solve all criminal cases we have."
concludes that poor performance among the CJS officials makes
several aspects of the criminal justice process doubtful and, Participant 6 said: "We have effective and efficient CJS as one of
frequently, also unmanageable. our strategies of serving the public of Thohoyandou region and
South Africa and it is very important to have effective and efficient
The verbatim expression above shows that there are incidents of CJS around Thohoyandou."
poor performance among the police officials who are employed in
the CJS in the SAPS. To support the sentiments of participants 5 and 6, Dandurand
(2014:22) contends that for a comprehensive justice, the CJS agen-
Mechanisms that can be implemented to promote cies should regularly evaluate ways of improving the system's effi-
an effective and efficient Criminal Justice System ciency so that it does not play a role in compromising its fairness
in Thohoyandou and effectiveness.
Kazmi and Takala (2011:29) contend that certain mechanisms
which are being implemented by organisations allow them to From the verbatim expressions, above, it is shown that
achieve work effectiveness. Thohoyandou has an effective and efficient CJS which is used to
serve the people of Thohoyandou.
Participant 1 said: "We need our courts to improve their admin-
istration because this is where lot of incidents of poor perform- Participant 7 responded: "One of the strategies we have here is
ance are coming from. Improvement of court administration is one effective communication among all departments of Thohoyandou
of the strategies we implemented but there are lots of challenges SAPS and communication is very important in CJS. We share and
which need to be addressed." communicate information which improves our roles in the CJS."

Participant 2 commented: "The station has an improved court Participant 12 said: "As a police station, we are using communi-
administration and it assist us as a station to function well in the cation as a tool for our managing roles in the CJS and we effective-
CJS of our area. Our court administration has improved because ly disseminate valuable information among ourselves."
we have staff who are dedicated to their roles in the CJS of
Thohoyandou." Jacob (2017:14) supports participants 7 and 12 by noting that
Dandurand (2014:11) shows support for participants 1 and 2 by improved communications and clear inter-agency procedures can
revealing that improved court administration is used to support assist in ensuring that police officials are going to be available from
the functions of police officials in the CJS, across the world. the beginning to the end of processes when they are needed to
testify and give evidence, thereby, avoiding fruitless hearings.
The quotes above show that, although the Thohoyandou CJS has
implemented an improved court administration as a strategy for an The quote above indicates that effective communication is imple-
effective CJS, there are a number of challenges which they are still mented as one of the strategies for promoting an effective and
experiencing. efficient CJS around Thohoyandou.

Participant 3 said: "One of the strategies we have here is case- Participant 8 commented "for a long time, we have been improv-
flow management programmes; these allow us to effectively man- ing our criminal investigation processes and this assists us to exe-
age the cases we have in our CJS and it also makes our roles cute our roles in the CJS smoothly. Criminal investigations are
simpler in the CJS." rapidly conducted in order to bring criminals to the book, accord-
ing to the laws of the Republic of South Africa".
Participant 4 commented: "Different initiatives in case manage-
ment are being adopted in our CJS and these permit our police offi- Participant 13 revealed "there is effective investigation processes
cials to effectively carry out their roles in the CJS." in place at this police station and it helps us to conduct our man-
agement roles in the CJS".
To support the views of participants 3 and 4, Dandurand (2014:17)
concludes that various case-flow management initiatives, such as Participant 14 indicated "all police stations in Thohoyandou have
the utilisation of a case-scheduling order and a timeline agreement introduced efficient investigation processes which make functions
have sometimes been shown to yield a more effective and efficient in the CJS easier".
processes.
Dandurand (2014:18) supports the views of participants 8, 13 and
The verbatim expressions above indicate that participants 3 and 4 14 by revealing that "timely and effective close of investigations by
agreed that case-flow management programmes are being utilised the police officers and offering correct and complete investigation
in the CJS of Thohoyandou in order to address some challenges reports to the prosecutors can surely efficiently support the
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Just Africa 2/2022
speedy and effective processing of cases".
The verbatim expressions above show that improved criminal Management challenges that affect the Criminal
investigations are performed by SAPS in Thohoyandou and this is Justice System of Thohoyandou
one of the strategies that support the effective functioning of the As held by Yesufu (2014:19), there are several management chal-
CJS in Thohoyandou. lenges that are currently experienced by the police in the CJS. The
authors show that several police stations are characterised by
Discussion of the research results several incidents of corruption which tremendously affect their
The core discussion areas of this study are: roles in the CJS. It is viewed that corruption prevents the carrying
 the different management roles of police in the CJS in out of the police's responsibilities, effectively. Smith (2018:18)
Thohoyandou; opines that many South Africans view police officials as "lazy,
 the management challenges that affect the CJS of corrupt, inefficient, bribe-taking, money-extorting officers".
Thohoyandou; and
 mechanisms that can be implemented to promote an effective Furthermore, the study revealed that police agencies have chal-
and efficient CJS in Thohoyandou. lenges with a lack of resources, as an example, there is a limited
number of vehicles available for patrolling and fighting criminal
The management roles of police in the Criminal activities. According to Smith (2018:17), the SAPS have inadequate
Justice System in Thohoyandou law enforcement equipment to help them to manage the CJS of
According to Tengpongsthorn (2016:45), the central aim of the country.
management should be to guarantee that organisations are being
managed in way that their goals and mandates are met. The The lack of technological innovations in the SAPS is revealed by this
research revealed that the participants were aware of their roles in study as one of the challenges which affect the roles of the police
the CJS; that the police officials are responsible for arresting peo- in the CJS. The study indicated that the Fourth Industrial
ple who break the laws and rules of the Republic of South Africa. Revolution requires employees of any organisation to be techno-
In addition to what has been discovered by this study, section logically innovative, but the SAPS have a challenge of not possess-
205(3) of the Constitution of the Republic of South Africa, 1996 ing technologies which are vital in the CJS. Yesufu (2014:6) points
and section 49 of the Criminal Procedure Act 51 of 1977, stipulate out that law enforcement agencies, such as the police, are behind
that the police are mandated to arrest people who commit crimes in terms of using technologies which are vital for reducing the
and who violate the rule of law. To prevent the misdeeds of the crime rates, apprehending criminals and improving safety of the
criminals, police officials put them under their custody and take police officials, suspects and the public.
them to the criminal courts.
The study revealed that a lack of capacity within the SAPS is a major
This research has revealed that the SAPS in Thohoyandou imple- challenge that affects the roles of police officials in the CJSs and
ment a scientific management role which promotes effective and some cases take a long time to be processed due to capacity short-
efficient CJS across the Thohoyandou region and the whole of ages.
South Africa. According to Gull (2017:9), scientific management
roles work well in several criminal justice organisations, for One of challenges revealed by this study was that poor perform-
instance, the police and correctional facilities that utilise the ance among some police officials affect the roles of police officials
"ranked system of organisation"; as an example, police depart- in the CJSs, hence, cases take a long time to be finalised due to the
ments are characterised by having a "quasi-military system of incompetence of staff. According to Jacob (2017:17), poor per-
organisation" in which the police officials are holding certain ranks. formance among the CJS officials makes several aspects of the
criminal justice process doubtful and, frequently, also unmanage-
In this study, it is revealed that police officials are constitutionally able.
tasked to investigate criminal activities that occur in different
societies and is one of the management roles that must be effec- Mechanisms that can be implemented to promote
tively performed by the police officials in the CJS. According to sec- an effective and efficient Criminal Justice system
tion 205(3) of the Constitution of the Republic of South Africa, in Thohoyandou
1996, another crucial role of the police in the CJS is that they are Kazmi and Takala (2011:29) postulate that mechanisms which are
responsible for investigating criminal activities. adopted by organisations allow them to achieve work effective-
ness. The study identified several strategies which are implement-
Human relations management is revealed by this study as one of ed by the SAPS across the Thohoyandou region and the entire
the responsibilities of the police within the department's CJS. This South Africa. The results confirmed that some courts have
is done to create a conducive environment where all police offi- improved their administration because it forms one of the impor-
cials can work towards achieving a common goal of an effective tant functions of an effective CJS). Improvement of court adminis-
and efficient CJS. According to Reiner (2010:14), making human tration is one of the strategies implemented but there is still a lot
relations within the SAPS the focus of the SAPS's management of challenges which need to be addressed. Dandurand (2014:11)
approach, can efficiently generate a workplace culture where concludes that improved court administration can support the
police officials can thrive. functions of police officials in the CJS across the country.

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Just Africa 2/2022
The research indicated that case-flow management programmes The lack of capacity, resources and technological innovation in the
are implemented as one of the strategies to effectively manage police stations, around Thohoyandou are revealed as other chal-
cases in the CJS. Dandurand (2014:17) maintains that wider case- lenges which affect the functions of the police in the CJS. Smith
flow management initiatives, such as the utilisation of a case- (2018:17) indicates that the SAPS do not have adequate law
scheduling order and timeline agreements, have sometimes been enforcement equipment to help them to manage the CJS of the
shown to yield more effective and efficient processes. country. According to Yesufu (2014:6), law enforcement agencies
such as the police, are lagging behind in terms of using technolo-
The results revealed that an effective and efficient CJS is used in gies which are vital for reducing crime rates, apprehending crimi-
SAPS to serve the public. In line with comprehensive justice princi- nals and improving the safety of police officials, suspects and the
ples, the CJS agencies need to be regularly updated to improve the public. Poor performance by the police was revealed as another
system's efficiency in a way that it does not play a role in compro- challenge that affects the work of the police in the CJS around
mising its fairness and effectiveness (Dandurand, 2014:22). Thohoyandou.

The study revealed that one of the strategies used by the SAPS is Mechanisms to promote an effective and efficient
effective communication among all departments of Thohoyandou Criminal Justice System in Thohoyandou
SAPS, as communication is essential in the CJS. The SAPS share and The research found that there are numerous mechanisms in place
communicate information which improves their roles in the CJS. at Thohoyandou and these mechanisms allow the police to func-
Jacob (2017:14) points out that improved communications and tion well in the CJS across the region. According to Kazmi and
clear inter-agency procedures can assist in ensuring that police Takala (2011:29), mechanisms adopted by organisations allow
officials are going to be available from the beginning to the end of them to achieve work effectiveness. These mechanisms are as
a process when they are needed to testify and give evidence, follows: (i) improved court administration, (ii) case-flow manage-
thereby, preventing fruitless hearings. ment programmes, (iii) an effective and efficient CJS, (iv) effective
communication and (v) improved criminal investigations. These
An improved criminal investigation is indicated as one of the mechanisms are crucial for the roles of police in the CJS of
strategies to be employed to effectively execute the police's roles Thohoyandou and the entire South Africa.
in the CJS, "timely and effective close of investigations by the
police officers and offering correct and complete investigation Recommendations
reports to the prosecutors can surely efficiently supporting the The following recommendations are proposed to address the
speedy and effective processing of the cases" (Dandurand, challenges discussed in this report:
2014:18). Anti-corruption measures
The study showed that corruption among police officials affects
Conclusion their roles in the CJS, therefore, the researcher recommends that
The management roles of police in the Criminal anti-corruption measures must be implemented at Thohoyandou
Justice System in Thohoyandou so that police officials can effectively execute their roles in the CJS
The research found that police officials at Thohoyandou were of the region of Thohoyandou and the whole of South Africa. Anti-
aware of their roles in the CJS - that police officials are responsible corruption measures are strategies that should be put in place in
for arresting people who break the laws and rules of the Republic order to combat the incidents of corruption in an organisation.
of South Africa. The Constitution of the Republic of South Africa, Adequate capacity and resources
1996 stipulates that the police are mandated to arrest people who The findings highlighted a lack of capacity and resources as anoth-
commit crimes and who violate the rule of law. To prevent mis- er challenge that affect the role of the police in the CJS in
deeds of the criminals, police officials take them into custody and Thohoyandou. To permit the police to effectively perform their
to the criminal courts. In addition, other roles of the police in the duties in the CJS in Thohoyandou, this study recommends that the
CJS of Thohoyandou include the scientific management and the SAPS must be provided with adequate capacity and resources.
human relations management roles. Performance management
Poor performance among police officials was revealed as one of
The management challenges that affect the the challenges that are faced by the police when they execute their
Criminal Justice System of Thohoyandou roles in the CJS in Thohoyandou. Adequate performance from
The research identified that there are several challenges faced by employees is required by any organisation to meet its long-term
the police when they execute their roles in the CJS in and short-term goals. The researcher, hence, suggests that the
Thohoyandou. Yesufu (2014:19) maintains that there are several Thohoyandou CJS must adopt a performance management system
management challenges that are currently experienced by police (such as performance appraisal and training) that would allow the
in the CJS. The study revealed that several police stations have police to adequately perform their duties in the CJS in
various incidents of corruption which enormously affect the roles Thohoyandou and in South Africa.
of the police in the CJS. It is viewed that corruption prevents the Regular training
carrying out of the police's responsibilities, effectively. Smith There are challenges in terms of using innovative technology with-
(2018:18) opines that many South Africans view police officials as in the SAPS. Innovative technology is useful in the CJS of
"lazy, corrupt, inefficient, bribe-taking, money-extorting officers". Thohoyandou and South Africa. As a result, this research advocates
34
Just Africa 2/2022
that there should be regular training of the police officials at Nordic Journal of African Studies, 11(3): 26-39.
Thohoyandou in the CJS. Training is one of the strategies that can Peek, S. (2020). Human relations management: Theory basics. New
be used by SAPS Thohoyandou to enhance the skills and capabili- York: Macmillan.
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Republic of South Africa. 1977. Criminal Procedure Act 51. Pretoria:
Conclusion Government Printers.
To assist Thohoyandou CJS to address some of the challenges iden- Republic of South Africa. 1996. Constitution of South Africa Act 108.
tified by this study, future research into the roles of police in the Pretoria: Government Printers.
CJS may be required to expand knowledge on the CJS. The Rose, M. (2005). Approaches to organisation and management.
researchers, therefore, suggest that future studies be undertaken Industrial behaviour. Journal of Organizational Change Management
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analysis and interpretation (Pp. 391-415). In C.B. Fouche, H. Strydom
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ARTICLE
An exploration of sexual sadistic acts on
non-consenting female victims in South Africa

Prof. Christiaan Bezuidenhout

Professor of Criminology
Department of Social Work and Criminology
University of Pretoria
[email protected]

Bianca Gahler
University of Pretoria

Dr. Melanie Moen

Senior Lecturer: Department of Educational Psychology
University of Stellenbosch

ABSTRACT
Non-consenting criminal sexual sadistic acts as a phenomenon are unique and have not received a great deal
of attention, especially in South Africa. There is a lack of research regarding the nature and effect of sexual
sadistic acts on non-consenting victims, especially female victims. The severity of violence used remains
perplexing to practitioners such as psychologists, criminologists and medical practitioners, because victims
suffer both psychologically and physically. The psychological and physical severity of these types of crimes
makes it difficult for victims to share their stories. Eight experts, one victim and two documented cases were
consulted to gain insight into this phenomenon. In this article, the authors describe the sexual sadistic acts
forced on non-consenting female victims in South Africa.

KEYWORDS AND PHRASES

Sadism; criminal sexual sadism; non-consenting victim; physical effects; psychological effects

INTRODUCTION AND CONCEPTUAL DIRECTION sexual fixation or obsession (Konrad, Welke & Opitz-Welke, 2015).
Sexual sadism is a psychological disorder of sexual preference that Criminal sexual sadists experience sexual gratification when they
focuses on the degradation, subjugation and suffering of another observe how their unwilling victims suffer and perceive their
person that manifests itself in assault, rape and/or lustful harming anticipated fear of impending acts (American Psychiatric
behaviour (Longpré, Guay, Knight & Benbouriche, 2018:403). Association, 2013:695; Nel & Lake, 2019:424).
Criminal sexual sadists engage in abnormal sexual sadistic
behaviour to dominate their victims, observe their anticipated fear The infliction of pain is merely a means to provoke suffering and
and satisfy their lust (American Psychiatric Association, 2013:695). elicit the anticipated response of degradation, subjugation and
Algolagnic disorders such as sexual sadism disorder are classified maltreatment that is manifested in sexual assault, rape and/or lust
clinically as forms of paraphilia and are commonly characterised by murder (Mokros, Osterheider, Hucker & Nitschke, 2011:764). The
anomalous sexual preferences that involve the infliction of physi- act of humiliating a victim, results in increased sexual stimulation
cal and/or psychological torment on non-consenting victims compared to having consensual sexual intercourse with a partner
(Bartol & Bartol, 2021; Nel & Lake, 2019:422). Paraphilia is (Healey, Lussier & Beauregard, 2013:404-424). Sexual sadism is
described as deviant sexual interest and behaviour and abnormal thus considered to be a chronic condition since a criminal sexual
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sadist, in most instances, derives sexual arousal from deviant escape or of seeking assistance from other people. Some sadists
sexual acts (Sadock, Sadock & Ruiz, 2015:597). Between 2017 and overpower their victims with the intent of hurting them immedi-
November 2021, 3123 sexual offenders were registered on the ately for gratification and therefore they omit the grooming phase
National Register for Sexual Offenders in South Africa (Solomons, (Bartol & Bartol, 2017:315). The context and existing situation
2022). The statistics revealed that sex offences increased by 4.7% influence the sadist's decision-making process in this regard.
from July to September 2021. South Africa is facing high rates of According to James and Proulx (2016), "criminological and psycho-
sexual violence, with a prevalence of 17.4%, while the global logical studies of the modus operandi of sexual aggressors against
average is 7.2% (Ajayi, Mudefi & Owolabi, 2021:300). In December women have demonstrated that these offenders exhibit a wide
2021, the backlog of sexual offence cases in the court system stood range of modus operandi, each of which is associated with specif-
at 15 605, which constitutes 81.4% of sexual offence cases in the ic situational and contextual factors".
country (Kunene, 2022). It is not clear how many of these cases
involve sexual sadism but many of these cases are marked by Sadists employ several techniques to control their victims and
severe physical assault. It is difficult to ascertain the prevalence of ensure that they comply with their demands. "Inflicting pain is a
criminal sadism as the phenomenon is rarely reported and no spe- means to create suffering and to elicit the desired responses of
cific crime category exists in the South African Police Service obedience, submission, humiliation, fear and terror" (Baeza &
(SAPS) crime statistics or the SAPS's Crime Administration System Turvey, 2002:435). The victims are often held in isolation,
(CAS) for this phenomenon (Sadock et al., 2015:597; SAPS, restrained, bound and gagged to ensure that they are rendered
2016:107). The few incidences where criminal sexual sadism is helpless and unable to defend themselves (McLawsen, Jackson,
recorded by SAPS, are usually documented as sexual assault or Vannoy, Gagliardi & Scalora, 2008:286; Nel & Lake, 2019:425). This
rape. exacerbates the victims' fear. The victims are psychologically
tormented to break them down; verbally threatened by the sadists
CONTEXTUALISING SEXUAL SADISM and intimidated with various weapons (Healey et al., 2013:407).
The modus operandi of sexual sadists The victims quickly realise that, if they resist the sadists' demands,
Criminal sexual sadists may fantasize about their sexual sadistic they will be subjected to punishment, torture and/or death. The
desires for years (Klopper & Bezuidenhout, 2020:337). They victims are forced to take a subservient position and the power
visualize how the deeds will be conducted. Planning criminal acts differential instantly changes (Healey et al., 2013:419).
empowers sexual sadistic offenders and their crimes are largely
organised (Bartol & Bartol, 2021). Before committing their criminal Sexual sadists also have the propensity to take souvenirs from
acts, sexual sadists carefully select their victims, identify a location criminal events. These souvenirs become part of their ritual and
to apprehend their victims and transport their victims to a often strengthen the sadists' identities (Bartol & Bartol, 2021). The
secluded area (Dietz, Hazelwood & Warren, 1990). Sexual sadists act of taking something that belongs to their victims creates a
meticulously plan the methods to undermine their victims and feeling of empowerment (Nitschke, Osterheider & Kokros,
ensure that all the necessary equipment to inflict pain and 2009:265) as the sadists feel they now own the victim and are
suffering on the victims is prepared (Hucker, 2009:344). At times, proud of their accomplishments. Some sadists often perceive the
however, sexual sadists may deviate from their premeditated acts souvenirs as trophies, however, they do not showcase these
and the deviation in their behaviour can be attributed to unsatis- souvenirs for others to see but rather hide them and keep them to
fied urges that gradually evolve. These lead them to act impulsive- themselves. The collected souvenirs contain a measure of per-
ly and increase their urge to express sexual sadistic behaviour sonal sentiment which implies that the sexual sadists become per-
(James & Proulx, 2016). The victims' unexpected reactions towards sonally invested in their crimes (Dietz et al., 1990). Souvenirs can
the criminals may further trigger the sadists to act impulsively and range from recording the incident, taking photos and keeping
cause more serious injuries and discomfort for the victims (Klopper media abstracts of news reports to collecting more personal items
& Bezuidenhout, 2020:337). such as the victims' undergarments, a lock of hair or make-up
(Hazelwood, Dietz & Warren, 2009:471). The souvenirs are thus
Criminal sexual sadists use a vast variety of methods to approach not necessarily personal items of the victims but rather a reminder
their victims. These are dependent on the sexual sadists' personal that triggers the criminal sexual sadists' memories or fantasies,
preferences or methods most suitable to approach specific victims resulting in sexual stimulation. The souvenirs are often used to
at a particular moment. According to Dietz et al. (1990), sexual empower the sadists for an undetermined time while they do not
sadists often use a “con” technique to openly approach the victim experience the urge to conduct physical criminal offences for that
under some or other pretext. Sexual sadists often select very period (Dietz et al., 1990). However, sexual sadists seek their next
specific victims who seem to be vulnerable (Beauregard, Chopin & victims once their psychological and physical needs for sexual
Darjee, 2002). Only after the victims have been identified, will the stimulation have become insurmountable and intolerable
seduction process or overpowering commence (Geberth, (Geberth, 2010:716).
2010:570). Some sexual sadists attempt to gain their victims' trust;
they compliment them and build their self-esteem resulting in the Power and degradation
victims accompanying the sexual sadists voluntarily (Bartol & Offensive language is often a standard feature of criminal sexual
Bartol, 2017:383; Woodhams & Labuschagne, 2012). With their sadism (Bartol & Bartol, 2021). The use of foul and derogatory
ability to manipulate the victims, they lure them with false pre- language allows criminal sexual sadists to distance themselves
tences to an isolated area where they are kept with no means of from any emotions and minimise their self-reproach towards their
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victims. Sexual sadists demean and devalue their victims to the long objects to cause more pain and damage to the victims. In
extent of dehumanising and objectifying them (Frances & Wollert, most cases, their penis is simply not large enough to cause their
2012:410). That further allows criminal sexual sadists to exert their victims enough pain and suffering even if the offenders engage in
sexually aggressive fantasies onto the victims without expressing rough vaginal or anal sex (Stone, 2010:134). When objects are
any guilt or remorse (De Lisi, Drury, Elbert, Tahja, Caropreso & used, they can vary from anything available at that moment to
Heinrichs, 2017). Criminal sexual sadists obtain power over their objects that have carefully been preselected (Labuschagne, 2007).
victims by insulting them and calling them disrespectful names, These objects are either sharp or long and large in diameter to
while the victims are psychologically tormented to become fearful inflict as much pain as possible and cause damage to the victim's
of the sadists' actions (Bartol & Bartol, 2021). Furthermore, these sex organs and even internal organs. The objects do not necessa-
perpetrators use disparaging language to exert dominance and rily have to cause any pain to the victims as long as the sexual
control over the victims to ensure that their victims comply with sadists perceive their victims' discomfort and embarrassment
their demands. The process in which the sadists "train" their (Geberth, 2010:577). They become sexually gratified by the
victims to conform and obey their demands is similar to indoctri- victims' humiliation and fear of what will happen next. Criminal
nation (Healey et al., 2013:419). sexual sadists experience control and power over the victims when
inserting objects into their vaginal and anal cavities (Beauregard et
The criminal sexual sadists' desire for mastery and dominance are al., 2022). In addition, they can decide on the length and width of
key elements of sexual sadism (Longpré et al., 2018). Perpetrators the objects used to penetrate the victims as well as the depth of
seemingly engage in a variety of repetitive pre-planned physical, penetration. Some sexual sadists perceive their victims as
sexual and psychological acts to exert power and control over the unhealthy and do not want to become sexually intimate with
victims so that they feel degraded and dehumanised to mere them. To avoid infection due to sexually transmitted diseases
objects to feed their own pathology. The victims are frequently (STDs), the sadists often engage in foreign object insertion
restrained, bound and gagged to prevent them from counter- (Labuschagne, 2007). It is also possible that the sexual sadists are
attacking and warding off the sexual sadists or from escaping the sexually stimulated by the sexual sadistic attacks but due to the
ordeal (McLawsen et al., 2008:286). The acts inflicted on the brutality of the acts, they sometimes experience erectile dysfunc-
victims further empower the sadists and subjugate the victims. tion and become impotent during the sadistic episodes and are
These acts cover a wide spectrum. Acts range from causing minor thus unable to penetrate the victims (Bartol & Bartol, 2021). This
injuries such as pinching, biting and beating, to more severe acts could trigger increased agitation and, to cause pain, the sadists use
where sexual sadists electrocute, suffocate and frequently strangle objects to compensate for their inability to get an erection.
their victims. These individuals believe they possess the capability
and authority to determine whether their victims will survive or It is not prevalent among criminal sexual sadists to commit lust
perish (Flora & Keohane, 2013:257). The extent to which sexual murder during their sexual sadistic attacks (Dietz et al., 1990).
sadists harm their victims depends on the temperament of the However, due to the progressive nature of the phenomenon, a few
criminal sexual sadists. Aggressive offenders act more impulsively sexual sadists' behaviour has escalated and resulted in them mur-
and violently towards their victims if they do not comply or dering their victims (Knoll & Hazelwood, 2009:107). The motives
execute the sadists' demands (Bartol & Bartol, 2021). for murdering the victims vary and could be because they pro-
longed the pain and suffering for days or longer and then want to
Another tactic to degrade the victim is to refrain from having get rid of their victims (Day, 2018).
vaginal intercourse with their victims. Stone (2010:140) postulates
that they penetrate the victims from behind which makes the In this study, the researchers wanted to explore sexual sadistic acts
sexual sadists feel superior. It is considered a powerful position in on non-consenting female victims in South Africa.
which the sexual sadists have more control over the victim. The
victims are in a vulnerable position and totally degraded (Dietz et METHODOLOGY
al., 1990). The researchers hypothesise that another explanation Participants
for penetrating victims anally could be because anal sex provides Due to the difficulty to identify victims of sexual sadism, their
more sexual gratification to sexual sadists as the orifice is smaller unwillingness to relive the episode and the possible emotional
and tighter compared to the vagina and mouth. In addition, the harm interviews can cause a primary victim, the researchers had to
societal view that anal sex is regarded by many as painful and rely mostly on secondary sources of information to investigate the
taboo could motivate these sadists to choose anal penetration as nature of the phenomenon. These included interviews with
another way to show power and dominance. The act is usually psychologists, sexologists and criminologists with insight into and
unpleasant and humiliating for the victims (Marshall, Kennedy, knowledge of sexual sadism (Patton, 2015:8). One victim indicated
Yates & Serran, 2002). that she wanted to share her ordeal which was why her case was
included in the research. Another two documented cases were
Some criminal sexual sadists use foreign objects to penetrate their included to gain insight into the nature of the phenomenon and
victims anally or vaginally. Foreign object insertion, fisting and corroborate the information gleaned from the victim's case study.
genital mutilation are often focused on the victim's genitals or Consequently, a wealth of comprehensive data was obtained
anus, due to immature, fixated or deviant exploration, or due to regarding the nature and effect that criminal sexual sadistic acts
targeting orifices painfully and destructively (Beauregard et al., have on non-consenting female victims (Yin, 2016:9).
2022; Labuschagne, 2007). The sadists use perversely large and
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A qualitative research approach was adopted in which eight Design and procedure
subject matter experts were selected through non-probability Data was collected making use of individual, semi-structured in-
sampling (Bezuidenhout, 2020:53). The technique is a non-random depth interviews and case reports. The interviews were recorded
technique used to select a small sample of participants from the using an audio recorder to obtain more accurate and detailed
entire population. The specific non-probability sampling method responses, which may otherwise have been lost during note-taking
used is purposive sampling since a small subset of experts had (Brinkmann & Kvale, 2015: 204). Prior to the commencement of
been identified in the larger population (Babbie, 2017:196). The the study, permission was requested from each expert to make an
experts are thus selected based on their specific knowledge about audio recording of the interview. Recording the interviews
the nature and effect of being a victim of non-consenting criminal improved the data quality and was essential for analytical purpos-
sexual sadism. In addition to purposive sampling, snowball sam- es (Merriam & Tisdell, 2015:131). The interviews were conducted
pling was utilised, as it is a challenge to identify an adequate num- using a semi-structured interview schedule; more specifically, a
ber of experts that have specific knowledge of the modus operan- matrix guide, in which predetermined questions were presented in
di of a sexual sadist and the effect it has on the victim. Snowball table format (Maxfield & Babbie, 2016:180). A carefully construct-
sampling can be described as a cumulative process through which ed interview schedule ensured that the researchers did not deviate
each expert in the field provides information about other potential from the topic. In addition, the predetermined questions were
experts regarding the topic. Eight experts were identified through studied in advance to enable the interviewer to pay attention to
a rolling interpretive method by peers and requested to participate the conversation, take notes and monitor the coverage of the
in the research (Patton, 2015:270). The participants consisted of topic. The flexibility offered by semi-structured interviews allows a
two clinical psychologists, one advocate, two criminologists, two researcher to ask questions in any order that would facilitate a
sexologists and a clinical social worker. The experts each have flowing conversation (Taylor, Bogdan & DeVault, 2015:123). It also
20 years or more experience in working with sexual sadism cases. allows a researcher to develop additional questions instinctively to
clarify vague answers or to obtain a more detailed description. The
To ensure the confidentiality of the research respondents, they researcher ensured that all the questions on the matrix were
had to sign an informed consent letter. All identifying information adequately answered before the interviews were concluded
was therefore omitted to ensure that the research respondents (Maxfield & Babbie, 2016:203).
would not be linked to the individual responses. However, one of
the respondents suggested that it would be beneficial to obtain Analysis
first-hand information from a willing victim of sexual sadism as it The qualitative data analysis process was divided into two distinct
would add great value to the current contribution and support the approaches. The first analytical process took place during the data
information provided by him/her. Fortunately, the respondent was collection phase by audio recording the interviews to ensure that
in consultation with a victim of a sexual sadistic attack who was the data obtained was thorough and that no information was lost
willing to be interviewed at the time when the research for this while taking field notes on key aspects (Brinkmann & Kvale,
article was undertaken. The victim also consented to the use of her 2015:204). Since the individual, semi-structured in-depth inter-
responses in the publication. The victim has held a regular job views were undertaken in person, data analysis was made more
since the incident and she is also a motivational speaker who has comprehensible as a prior understanding and discernment of the
been advocating against sexual abuse after her ordeal. The information obtained existed (Hughes, 2016:272). The second data
researchers interviewed her on two occasions in the presence of analysis process involved identifying emerging themes by
research respondent 8 to assist with debriefing if any discomfort systematically utilising the six phases of deductive thematic analy-
was experienced. The victim welcomed research of this nature and sis and shared meanings. This approach allowed the researchers to
did not experience any emotional discomfort during the inter- analyse the explicit descriptions of the information gathered
views. The victim also indicated that the sharing of the ordeal rather than focusing on the implicit meaning of the research
acted as a therapeutic process. The information obtained was participants' perceptions of the nature and effect of sexual sadistic
utilised in line with her responses presented in the discussion actions on non-consenting female victims in South Africa (Ando,
section. Due to the sensitive nature of the research topic, no other Cousins & Young, 2014:3).
victims contacted by the subject specialists were willing to share
their experiences. Details of two other cases were added as part of The audio recordings were transcribed. To ensure the quality of
the discussion section. The researchers agree that it is important the transcriptions, the researchers repeatedly listened to the audio
to explore the subjective meaning that non-consenting female recordings and reread the transcriptions, while incorporating the
victims attach to their experience of being a victim of sexual field notes to enhance the information provided by the experts
sadism seeing that the answer often lies within the individual and (Stuckey, 2015:7). Although coding the data manually on the typed
is enmeshed in the victims' background, personality, worldview transcripts was a time-consuming endeavour, the researchers com-
and actions (Silverman, 2016:7). However, consulting victims of piled an initial list of potential recurring patterns using coloured
sexual sadism to obtain subjective knowledge of the experience pens and highlighters, without distorting and dismissing any
may elicit unanticipated and unexpected emotions that could valuable information (Caulfield & Hill, 2014:186). At the end of the
result in further long-term psychological trauma. Therefore, the initial coding process, all the relevant codes with similar ideas were
researchers used subject specialists, documented cases and one grouped to filter the information into more manageable and cate-
victim's insights to gain an understanding of the phenomenon. All gorised data bundles (Ando et al., 2014:3).
ethical protocols of the University of Pretoria were adhered to.
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The themes and sub-themes that emerged from the initial list of In some cases, the victims are urinated on or forced to eat the
coded data were generated using a data-driven inductive sexual sadists' faeces. In addition, some sexual sadists are inclined
approach. The data were not collated into pre-existing themes but to make the victims engage in bestiality, most often with big dogs
rather collated according to their similarities and differences. The (McLawsen et al., 2008:286). These acts are atypical and victims
devised themes and sub-themes were revised and validated in two would usually not consent to bestiality in an intimate relationship.
separate stages. Firstly, all the sorted and collated extracts were The victims find these acts degrading and render them defenceless
revised to ensure that a coherent pattern was formed. During the - the victims comply with the instruction due to the threats and
second stage, the researchers ensured that the final themes and physical torture by sexual sadists. To contextualise this type of
sub-themes accurately portrayed the meaning of the data behaviour and the responses from the respondents, the
obtained from the research respondents (Stuckey, 2015:9). researchers used excerpts from the interview with the victim (V)
and interpreted information from two related cases (C1, C2).
After examining the final themes, refinements or adjustments V: "After tying me down, the perpetrator started to
were made to ensure that each theme was mutually exclusive. The punch me with his fist all over my body, especially the
report was not based on mere descriptions but rather a compre- left side of my body. He walked over to the wardrobe and
hensive representation of the respondents’ perceptions of the then walked to my right breast, he grabbed my nipple
nature and effect of sexual sadistic acts on non-consenting female with pliers and pulled it. He took a saw and started to cut
victims (Vaismoradi, Jones, Turunen & Snelgrove, 2016:104). The off my nipple, the wound was deep and wide. He waved
main findings of the study related to the physical trauma expe- the nipple in front of my face and said: 'Must I keep it for
rienced, as well as the primary and secondary psychological effects you?' He walked to my left breast and did the same, but
of sexual sadism on non-consenting victims. this time he used a side cutter. After a while, he walked
to the wardrobe and took a steel nail, he stabbed my
DISCUSSION right breast seven times and my left breast five times.
The effects of sexual sadism on the victims include the initial phys- Every time he walked to the wardrobe, I wondered what
ical trauma they experienced. The injuries sustained varied in was going to happen next. He got the side cutter again
severity depending on the psychopathology of the sexual sadists and cut my private parts. The sadist ordered the three
and were mainly focused on the female victims' reproductive men to get ready and to rape me, he then went down on
organs including their breasts, vagina as well as rectum his knees and licked me between the legs where the rape
(Beauregard et al., 2022). The physical consequences of sexual just took place."
sadistic attacks are diverse and often require medical attention or C1: "He was ramming her head on to his penis until she
hospitalisation. The psychological trauma of sexual sadism is started to gag … started to choke her while he cut her
longer lasting and the mental health consequences are often both abdomen open with his knife from her pubic area to her
short- and long-term. The aftermath of sexual sadism results in navel cavity …" (Thamm, 1998:19).
acute and chronic psychological effects that, in many cases, C2: "… when she went against his demands, she was
inhibit the victims' ability to deal with the recovery process con- subjected to punishment sex. This meant he would typi-
structively. Victims of sexual sadism, therefore, require intense cally have anal sex with her, slap her head with both
therapy that addresses both the short- and long-term psychologi- hands and tell her that she was brain-dead and an idiot
cal consequences (Nel & Lake, 2019). or he would have vaginal sex with her while he spat in
her face and strangled her" (Lemmer, 2011:47).
Physical injuries sustained
The experts in this study agreed that the severity of the injuries The experts concurred that depending on the sexual sadists' level
sustained by the victims of sexual sadism depends on the patholo- of pathology, the victims may require medical assistance after the
gy and degree of psychopathic tendencies of the criminal sexual sadistic attacks. Although most injuries are not severe enough to
sadists. The injuries can vary from minor bruising, lacerations and warrant hospitalisation, the wounds often require medical atten-
burns to severe mutilation of the body (Flora & Keohane, 2013). tion. The victims will also be prescribed antiretroviral medication
Criminal sexual sadists can sometimes pierce the victims' flesh, to prevent them from contracting HIV/AIDS and medication to pre-
make large incision wounds on their bodies and cause several vent them from being infected with STDs. The injuries sustained
internal injuries. Few sexual sadists inflict injuries to the victim's tend to heal over time and, at most, cause permanent scarring. At
entire body. The majority of criminal sexual sadists focus on muti- times, hospitalisation is required, especially if the victims expe-
lating the victims' sexual or reproductive organs, mainly the rience internal bleeding, struggle with infections and have gynae-
breasts, pubic area and anus (the erogenous zones) (Flora & cological problems that need devoted attention after the sadistic
Keohane, 2013:257). The most elevated sexual sadists do not link episode. The experts stated that most elevated and sophisticated
their acts with disparagement because they distance themselves sexual sadistic criminals often do not inflict injuries serious enough
from any emotions. They also deprive themselves of the suffering to seek emergency assistance. However, the injuries sustained may
of others thus they can inflict serious and deadly bodily harm to be long-lasting and often cause psychological harm. These victims
their victims with no empathy or regard (De Lisi et al., 2017). To are usually left with scars and deformities that are constant
demean them even further, the victims are forced to masturbate in reminders of the sadistic incidents. The sadists mostly target the
front of the sexual sadist, and forced to perform fellatio on the per- female sexual organs to cause disfigurements and break the
petrators, alternatively the sexual sadist will engage in cunnilingus. victims down. The sexual sadists want to destroy the femininity
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and reproductive capacity of the female victims so that they are participants was that the victims' sexual identities are compro-
unable to bear children and feel ashamed of their bodies. mised and they develop a distorted view of sexuality. They must
formulate new understandings of the concept of sex and make
Primary psychological effect cognitive changes to comprehend that intimacy is not linked to
The respondents postulated that the psychological effects ex- dominance, pain and shame. Some victims may no longer be able
perienced by the victims after the sexual sadistic attacks last to relate to partners because they are ashamed of their bodies and
longer and usually have a greater impact on the victims' well-being believe that their femininity has been violated. One research par-
than the physical injuries they sustained. The psychological harm is ticipant indicated that the victims have misconceptions that no
immense and demoralising but is not dependent on the extent of one would ever again be interested in them, especially on an inti-
the injuries sustained. The psychological effects experienced are mate level. They believe that men perceive them as damaged and
contingent on the mental trauma caused by the sadistic attacks dirty.
(Sgarzi & McDevitt, 2003:124). Initially, the victims experience V: "I cannot say that I will never have an intimate rela-
feelings of fear and helplessness, followed by shock, disbelief and tionship again, because someone once reminded me of
denial. The victims often go into a state of basic survival during the meaning never. When I meet someone, they will
which their feelings are numbed for an undetermined time after have to accept more than what I will have to accept. He
which they experience feelings of anger and hatred towards their will have to accept a body that is violated. I am not look-
offenders. Additionally, they may be anxious, sad and experience ing for a relationship. I have many male friends, but not
feelings of guilt causing their emotional and mental state to be intimate relationships."
unstable. The behavioural changes include mood swings, with-
drawal, isolation from others and hypervigilance. The victims can The experts agreed that the sensitivity and emotional maturity of
experience irregular sleeping patterns; have difficulty falling the partners towards the victims are fundamental for the victims'
asleep or are unable to sleep through the night. The experts recovery to regain a sense of dignity and reintegrate them as
stated that often during the day, the victims' minds are too pre- sexual beings. Most of the victims develop sexual dysfunctions as
occupied to think about the events that transpired. However, at they may become nymphomaniacs in which they have an uncon-
night during Rapid Eye Movement Sleep (REMS), they often have trollable sexual drive; they become puritanical in which they have
nightmares about what happened and suddenly wake in a state of a censorious moral attitude towards sex; or they may experience
distress (Sgarzi & McDevitt, 2003). According to the research par- dyspareunia that results in sexual intercourse being uncomfortable
ticipants, various disorders are prevalent in some victims. These and painful. Another observation by the respondents was that
include the following: victims often struggle to function in relationships that have equal
 anxiety disorders due to fear of the possibility that it might power differentials. The victims often attempt to re-enact the
happen again; sexual sadistic relationships to make their husbands or partners
 post-traumatic stress disorder (PTSD) because of frequently constantly happy and to obtain their approval.
reliving the traumatic incident;
 such a traumatic life event was often the biggest single cause An incident of this nature can have a detrimental impact on the
of depression; family as well. The psychologists and the social worker who
 obsessive-compulsive disorder (OCD) to feel in control of their participated in the current study explained the impact on the fam-
surroundings; and ily in the following way. The sexual sadistic events not only affect
 dissociative identity disorder (DID) as a defence mechanism to the victims. The entire family structure is to some extent trauma-
distance themselves from the pain that they have endured or tised by the incident. The family members do not always under-
is still enduring (Bartol & Bartol, 2021). stand how to interact with the victims especially if the victims
withdraw and isolate themselves from others. The family may per-
In the documented cases the psychological effects of sexual sadism ceive the victims' withdrawal as being unappreciative of their sup-
were described as follows: port and may become frustrated with the victims, which further
C1: "… it is never behind you; it doesn't ever not matter. contributes to the victims' belief of being unworthy and unloved.
You can choose every day to have a good day or a bad In addition, victims are not inclined to discuss their traumatic
day and I have grown up enough not to blame every bad experiences with their families. The incidents are often too severe,
day on being a victim …" (De Groot, 2018). they are ashamed and fear discussing the events with others
C2: "… he systematically isolated her, destroyed her self- because they might be disparaged and think that their family will
worth and changed her into a woman who had to no longer value them. It is suggested that, after extensive therapy
address him as her 'god'… He achieved total control over with the victims of sexual sadism, the therapists should conduct
her life through fear … was diagnosed as suffering from therapeutic sessions in the presence of the family members. It is
battered woman syndrome and depression …" (Venter, important to take a holistic approach because unstable family
2009:1). structures will negatively influence the victims' recovery process-
es. Victims may avoid sexual encounters with their significant
The experts stated that victims may experience difficulties forming others due to the false belief that all men, including their husbands
intimate relationships with their partners after experiencing the or partners, have the intention to inflict harm on them. The
sexual sadistic attacks or may be hesitant to trust others and form victims' reactions may lead their partners to act unintentionally in
new intimate relationships. A general perception of the research an inappropriate manner that causes the victims to retract
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themselves from the relationship. Therefore, victims and their Documented case C1 said the following about her
partners must attend therapy to counteract these false percep- traumatic experience:
tions and inappropriate actions. Only after a period will some vic- C1: "The attack has put me on this path where I get to
tims form close relationships with family and friends again. This is travel the world and help inspire other people …"
because after the sexual sadistic attack, they may become scepti- (Marais, 2016).
cal about others and unable to trust people easily. In other
instances, the victims' family and friends might reject them when Secondary psychological effects
they perceive the victims to be dirty and have feelings of disgust. The experts noted that the psychological effects of secondary
The rejection by family and friends further increases the victims' victimisation exacerbate the traumatic experience and prevent
feelings of loss and contemptibility. Bartol and Bartol (2021) in- victims of sexual sadism from reporting the incident to the police
dicate that the victims of sexual assault are often blamed for their (Bruce, 2013:100). Many victims feel that the police officials are
attacks. The researchers also refer to the just-world phenomenon, unsympathetic and not competent to work with cases of a sensi-
which suggests good things happen to good people and bad things tive nature. The police officials who are supposed to protect the
happen to bad people. The victim who voiced her opinion in the victims violate the privacy of the victims even further while taking
current study shared the following in this regard. their statements (Du Mont, White & McGregor, 2009:227). The
V: "My family include my daughter, mother and father. I victims are often expected to provide detailed accounts of the
have two brothers, my older brother rejected me and criminal events to the police officials in front of other individuals
believe I ruined the family name. I went so far to tell my waiting for service, humiliating them further. Although the victims
parents that I am sorry that I am such a bad daughter to do not always report these criminal incidents, when they require
them and that I caused so much pain in their lives. They medical attention, medical practitioners will take note of their
do not deserve the suffering and that I do not deserve injuries. The few victims who do report the crimes to the police
their love and support. My mom, dad and daughter were and open a case against the sexual sadists often withdraw the
and still is (sic) my Alpha and Omega. Our relationship charges before the case goes to court because of their fear of the
became stronger. Family from my previous marriage system and of confronting the perpetrators. Furthermore, the
said to me: 'Why are (sic) you not shot dead, instead of respondents concurred that the victims' determination to endure
your son.' That is the type of people I have to cope with." the process of getting the sadists convicted will often depend on
C1: "… had to prepare herself for telling her children how the police officials assisted them when they reported the
what happened to her … I have never lied to my sons - criminal offences. Not all police officials are insensitive towards
but I never told them more than they were asking. My victims and the level of service delivery often depends on where
oldest son was about five when he asked about the scar the victims reported the crimes and who was on duty at the time
on my neck …" (De Groot, 2018). when the crimes were reported.
C1: "…. found her lying in the road and stayed with her
Sexual sadistic experiences are incapacitating and detrimental to until the ambulance arrived. At the time he was studying
the victims who become disempowered and are unable to to become a veterinary technologist, but the night
visualise a future that is characterised by support and happiness changed the trajectory of his life. Through his military
(Bartol & Bartol, 2021). They do not think that life is worth living, service he started studying to become a doctor. He later
as the traumatic event they experienced stripped their sense of also completed a diploma in anaesthesiology. He was
purpose from them. A general response from the research partici- the anaesthesiologist during the birth of … second son."
pants in this regard is summarised hereafter. The respondents (Marais, 2016).
stated that typically, the victims have no trust in others, they are
always in doubt, wonder whether they somehow contributed to However, many medical practitioners have a misconception that
the attacks and always question the incidents. Recovery is not an the victims first have to report the incident to the police before
easy process, as a nearly insurmountable amount of willpower, medico-legal examinations can be conducted. They may therefore
resilience, determination and self-motivation is required to con- turn the victims away which can result in augmented shock, dis-
quer the extent of the trauma suffered. Victims will only overcome belief and helplessness (Jina, 2015:11). Participants in this study
the sadistic experiences if they apply their minds and time to the mentioned that South Africa does not have enough skilled staff
recovery process. In exceptional circumstances, the victims who are clinically trained to perform medico-legal examinations.
become empowered and advocate against sexual crimes. They The medical staff members rush through the examinations due to
become determined to motivate and assist other victims to over- high workloads leaving the victims feeling re-victimised by the
come their ordeals. These victims have certain coping skills that medical examiners. The victims experience the examinations as
are innate to them which include being resistant, resilient and unpleasant and feel debased, as their boundaries are transgressed
enduring. It does, however, not mean that only a few women again. During the COVID-19 pandemic, medical staff members
exhibit these features, but rather that criminal sexual sadists are were under severe pressure to attend to patients with COVID-19
socially intelligent and approach victims that they perceive to be which probably exacerbated the challenges victims of sexual
emotionally unstable and vulnerable. Criminal sexual sadists very crimes experienced in hospitals. Examinations that are conducted
rarely misinterpret the victims' emotional strength, therefore, only correctly may last between four and five hours while the
a few victims can become empowered after the sexual sadistic examiners gain the victims' confidence by explaining to them what
incidents. to expect. The victims are then expected, for a second time, to
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explain in detail what happened to document the information on V: "The court proceedings took 18 months, it does not
the prescribed J88 forms (the report completed by an authorised sound like a long period, but it feels like a lifetime. Every
medical practitioner following a medico-legal examination). A rape time I had to confront the perpetrator and three men
kit is used to take medical samples from the victims, which may be who raped me, listen to their lies and insults. I had to
painful due to the injuries sustained. The medical examiner does a endure listening what a bad person I am and that I
speculum assessment to evaluate the victim internally and does a deserved what happened to me. Every day I had to fight
colposcopy to do an internal examination of the victim's sexual for survival. One day, I made the decision that justice
organs (Sommers, 2007:278). The victim also receives post-expo- must be served, not for me, but for my son and that was
sure prophylaxis, within 72 hours of the sexual sadistic attack, to my perception throughout the court case. But, I was
prevent contracting HIV/AIDS and other STDs. Resilient victims well-prepared for the trial beforehand. I was told to only
understand the importance of the examinations and can grasp that react to questions. They showed me where I was going
the examinations should not be experienced as secondary victimi- to sit and where the judge and the accused was going to
sation, but rather as a necessity to obtain evidence to present in sit."
court.
V: "I was not myself when I arrived at the hospital, but It is common practice for victims to blame themselves to some
a lady told me afterwards that when I arrived the doctor extent for the sexual sadistic events. They believe that they should
said 'Excuse me, here is another f*%&n rape case’. I have seen it coming or that they should have fought off their
confronted him, I phoned him in Cape and told him 'I just offenders to escape the attacks. In the case of vaginal sex, vaginal
want to tell you that I am glad you left this area, because lubrication could occur which also reduces penile friction.
a victim should not be treated that way’. The medical Although controversial, vaginal secretion production can occur
experience was very unpleasant. Despite the fact that even in cases of harsh physical stimulation. Violent sexual deeds
you must repeat what just happened, photos are taken (even crude acts) in the erogenous zones such as the vaginal area,
of all the injuries and you are literally examined from all spark a biological process that is under the control of the para-
angles. It was the most unpleasant experience ever, sympathetic nervous system. It is uncontrollable and often con-
being exposed again after the incident." fuses the victim during and after the sadistic attack (Atkinson,
2008:188). A general comment by the research participants was
The experts stated that before the trial, the victims must prepare that most victims who blame themselves for the traumatic inci-
themselves psychologically and their legal representatives must dent are reluctant to engage in therapy because they perceive
further empower them through the process and explain what to themselves as unworthy, dirty and damaged. The psychological
expect during the court proceedings. The victims' first fear is to effects may become more debilitating to the victims than the ini-
face the accused in court. In addition, the psychological distress tial attack, which could further exacerbate the stressful conditions.
experienced by the victims increases due to the defence cross- V: "I walk into the shopping centre, and everybody stops
examining them and questioning their credibility (Gutheil, 2009:3). and their eyes are on you. They do not know what to do,
Should these cases become public, the victims must expect their they want to avoid my family and walk a circle around
privacy to be invaded by extensive media coverage and to be us. We feel unwelcome when visiting others because
repeatedly exposed to the adverse details of the sexual sadistic people do not know what to talk about."
events. The victims have to present detailed accounts of the trau-
matic experiences to the court and note how the expert witnesses The extent to which victims are affected by stigmatisation depends
present the evidence during the trials. To relive the sadistic attacks on the victims' personalities. There is also evidence that some victims
contributes to the accumulation of the psychological trauma of the show signs of resilience after some time after a traumatic incident
victims and make them more susceptible to numerous psycho- such as sexual assault (Bonanno, 2013). Another important issue is
logical consequences. During the trials, the victims are controlled that our study highlighted the fact that society is not always inclined
by the Criminal Justice System (CJS) and they, once again, expe- to stigmatise victims of sexual sadism but some victims are recog-
rience a sense of being helpless and subjugated. Understandably, nised in the community due to the media coverage. Respondent 1
the immense trauma anticipated prevents victims from opening indicated that some members of the community do not know how to
cases against the accused. react towards the victims, resulting in them becoming quiet, stop-
C1: "One of the men who was serving a life sentence for ping and staring because they feel uncomfortable and do not know
the brutal attack, bragged about the possibility of get- how to engage in a conversation with the victims.
ting parole. The news was horrifying to …" (Germaner,
2012). LIMITATIONS
After extensive research had been conducted, the researchers
Some victims may perceive the court proceedings as their chance were unable to find adequate South African data relating to
to make their voices heard and confront the accused; they want to sexual sadism. Subsequently, the literature study was mainly based
explain to the court what they had to endure. These victims on international sources. Moreover, due to the complex, unique
believe that the trial is their opportunity to get justice for what and sensitive nature of the phenomenon and the lack of literature
happened, they consider the trial to be an achievement and an available on the topic, the researchers were forced to consult
obstacle that they have overcome. several dated seminal sources, as only a few up-to-date findings
were available.
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Due to the serious and sensitive nature of sexual sadism, the Bonanno, G.A. (2013). How prevalent is resilience following sexual
findings obtained are not based predominantly on the subjective assault?: Comment on Steenkamp et al. (2012). Journal of Traumatic
experiences of victims of sexual sadistic attacks, but rather on the Stress, 26(3): 392-393. Available from: https://www.researchgate.net/
perceptions of subject matter experts who engaged with the publication/237057304_How_Prevalent_Is_Resilience_Following_Sex
offenders and/or victims of sexual sadism. The limited number of ual_Assault_Comment_on_Steenkamp_et_al_2012.
subject matter experts interviewed is a result of the low preva- Brinkmann, S. & Kvale, S. (2015). InterViews: Learning the craft of
lence of sexual sadism. Consequently, identifying subject matter qualitative research interviewing. (3rd ed.). Los Angelos: Sage
experts with knowledge and experience on the topic was difficult. Publications.
The study further did not include cross-cultural aspects during the Bruce, D. (2013). Challenges of the criminal justice system in address-
discussion of the information because of the limited information ing the needs of victims and witnesses (p. 100). In R. Peacock (Ed.).
and expertise available in this regard. Victimology in South Africa. (2nd ed.). Pretoria: Van Schaik.
Caulfield, L. & Hill, J. (2014). Criminological research for beginners:
CONCLUSION A student's guide. London: Routledge.
Sexual sadistic acts have dire consequences for the victims of the Day, L. (2018). 'Sadistic' revenge attacker kept victim locked in room as
offence because the effects tend to be detrimental to the well- he heated hair straighteners before burning him. Available from:
being of the victims. The physical injuries sustained are varied and https://www.walesonline.co.uk/news/wales-news/sadistic-revenge-
range from minor bruising and small incision wounds that require attacker-kept-victim-14780643.
medical assistance to severe mutilation of the body that warrants De Groot, S. (2018). Abducted, raped, stabbed and left for dead: Alison
emergency care and hospitalisation. In some cases, the sadistic Botha's incredible story of survival remains relevant. Times Live.
acts lead to the death of the victim. The psychological trauma of 13 December. Available from: https://www.timeslive.co.za/Sunday-
sadistic incidents tends to be long-lasting and damaging to the times/books/non-fiction/2018-12-13-abducted-raped-stabbed-and-
victims. They have to endure the anticipation of constantly left-for-dead-alison-bothas-incredible-story-of-survival-now-a-film2/.
re-experiencing the incidents and may be exposed to a variety of DeLisi, M., Drury, A., Elbert, M., Tahja, K., Caropreso, D. & Heinrichs, T.
factors that contribute to the secondary victimisation of the vic- (2017). Sexual sadism and criminal versatility: Does sexual sadism
tims. From this study, it became clear that further research is need- spillover into nonsexual crimes? Journal of Aggression, Conflict and
ed to provide more information on the subject matter of this poor- Peace Research, 9(1): 2-12. Available from: https://doi.org/
ly understood sexual crime and to empower non-consenting 10.1108/JACPR-05-2016-0229.
victims of sexual sadistic attacks. Dietz, P.E., Hazelwood, R.R. & Warren, J. (1990). The sexually sadistic
criminal and his offenses. Bulletin of the American Academy of
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BOOK REVIEW
Prof. Jacob Mofokeng
African Research Chair for the Campus and School Public Safety,
Department of Safety and Security Management at the Tshwane University of Technology

Policing in Africa:
Towards an African epistemology
Editors: Jeanette Smit, Etannibi E.O. Alemika, Chris Botha,
Gusha X Ngantweni and Gerhard van Mollendorf
Year published: 2022
Publisher: Juta.
ISBN: 978 1 48514 010 8 (print)
ISBN: 978 1 48514 093 1 (eBook)

O
ne can rightly ask why one should publish another book on "The book is designed for studying and reflection. Therefore, learn-
policing, with a plethora of contributions already made. ing outcomes guide, new terms enlighten, critical thinking activi-
The answer is that any small contribution that offers a ties and case studies guide reflection, end-of-chapter questions
change of perspective on old ideas or a missing link to African promote formative and summative assessment, and weblinks pro-
policing is to be welcomed. Policing in Africa: Towards an African vide scope for relevant further reading." Thinking critically is one
epistemology attempts to close gaps left by other books address- skill that is much talked about yet so elusive, despite being one of
ing policing in an African context. It is a fact that a complex fund- the most important assets of policing.
ing landscape in Africa has, to a large extent, caused fragmentation
of publications on police in Africa, and the editors of this book are As mentioned by the editors:
seemingly aware of this gap; hence their invitation to some of the "Part 1 of the book establishes the foundation for polic-
authors to contribute to this edition. Some previous research on ing epistemological discourses in Africa. These are fol-
policing in Africa was dominated by the north (this review consid- lowed by the policing practices prescribed for and fol-
ers the "north" as a particular "epistemic position and phenome- lowed in Africa (Part 2). Not all of Africa's countries
nological world of experience"), which led to the danger that could be covered, but the intention of comparison is
African epistemology was viewed through the lens of a northern made abundantly clear. The policing practices, however,
philosophy while African indigenous local contexts were neglect- will come to naught if African policing is not resourced
ed. abundantly and ethically from within the spirit of
integrity and transparency - which is the focus of Part 3.
The editors of this book acknowledge that - Part 4 closes the discourse by emphasising the strength-
"The policing practices, however, will come to naught if ening of policing epistemology through research and
African policing is not resourced abundantly and ethical- people development."
ly from within the spirit of integrity and transparency -
which is the focus of Part 3. Part 4 closes the discourse It is my view that this edition of Policing in Africa: Towards an
by emphasising the strengthening of the policing episte- African epistemology will stand the test of time: it is timely, rele-
mology through research and people development." vant and indeed an initiative of the highest standards. This book
The editors encourage their authors to gravitate towards critical offers rigorous analysis and sets the record straight about policing
thinking, which directly or indirectly would persuade a reader to in Africa. The legacy of the authors and editors is one of sharing
think critically and thus enhance critical theory construction in knowledge, which is the cornerstone of the fact that African
maintaining a deepening democratic dispensation across Africa. scholars, despite a lack of funding for publication of books such as
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Just Africa 2/2022
this one, are as capable as their international counterparts of gen- to police officials and other criminal justice practitioners, but also
erating knowledge and influencing the landscape of policy and to the many other policing scholars and communities who will be
governance in Africa. called upon to strengthen policing epistemology.

I am therefore of the view that this book is significant, as those The wide appeal of this book to students and lecturers will ulti-
issues neglected in previous editions that offer important research mately benefit the teaching and learning communities in Africa.
relating to policing in Africa make their way into the 18 chapters of The authors have dealt with these topics in an exemplary manner,
this book in a coherent manner. This book succinctly sets out core placing each within the relevant continental perspective concern-
positions broadly taken by scholars following key approaches to ing mechanisms established by states to protect people's rights
African policing thought and offers a neat package of the history of and establish good governance to guarantee stability and security
policing and the importance of pluralised and human capital in by giving the historical background informing the new provisions.
ensuring organised security governance for Africa. This makes this The authors emphasise that history remains the best teacher of
book a "trusted manual" to inform futurists on evolving policing contemporary police practices in Africa in a unique and sensitive
practices and an excellent teaching tool for introducing policing- position within the democratic dispensation.
critical perspectives; furthermore, it is a valuable and timely
source of foundational epistemological discourses typical of It is clear from the analysis and critical engagement with the sub-
African continental thinking on matters of community importance ject matter through these 18 chapters that the authors have an
that have become a focal point. impressive grasp of their subject matter. This is not simply a com-
mentary - on the contrary, the authors have adopted a forward-
The editors admit that there are limitations to their book: "Not all looking approach, linking the past with the future in consideration
of Africa's countries could be covered, but the intention of com- of more critical approaches to understanding the complexities of
parison is made abundantly clear." Possibly, a second edition might policing in Africa. This is extremely useful and will, I am sure, prove
cover ground that could not be covered in this volume, successful- invaluable to criminal justice, the police, students, lecturers and
ly addressing the limitations of this book. communities as recipients and stakeholders alike of policing prac-
tices.
The issues covered by the 18 chapters are grouped into four parts
written in basic, logical and clear language. A foundation for polic- The authors, editors and publisher Juta are to be commended for
ing epistemological discourses in Africa is followed by policing making a user-friendly book available to all who will benefit from
practices and neatly concluded by emphasising strengthening learning how to think about policing problems and especially for
policing epistemology through research and people development. presenting them not neatly gift-wrapped.
The writing is clear and fluent, making the work accessible not only

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