scholarly journals Mobilizing Victimization

Criminologie ◽  
2002 ◽  
Vol 33 (1) ◽  
pp. 145-165 ◽  
Author(s):  
Stéphane Leman-Langlois

Abstract The "Truth and Reconciliation" commission (TRC) was implemented following the first democratic elections in South Africa in order to bring to light the brutality of the apartheid regime, to offer individual amnesty to persons responsible, and to compensate victims. From the outset, an important aspect of its emergent legitimizing discourse concerned the role and the needs of victims of brutality - whether victims of the former authoritarian government or of the liberation movements - within a rhetoric of "national reconciliation". The TRC's definition was to correspond to a notion of criminal justice that excluded any response of direct punishment or compensation: the proposed amnesty would relieve of responsibility all those to whom it applied.This context gave rise to a highly specific discourse concerning victims of "past conflicts", a discourse created within a precise range of nuances that were designed to make the TRC conceptually compatible with its public image, and vice versa. In evidence was the gradual construction of a language that allowed the Commission to be described in positive terms of satisfying needs, of respect for a greater, more honest and more universal ethical basis than that of retribution, of successful national reconciliation, etc. The propagation and effectiveness of this language were indispensable considering the concurrent dominant discourse about criminal justice in general, which maintained a hard line with regard to crime and which resulted in practice in an uncontrolled inflation of the penal population (two blocks away from the Commission's headquarters, parliament considered such solutions as corporal punishment, the establishment of prisons in abandoned mines, etc.) According to the Commission's discourse, victims identified two common fundamental outcomes of their victimization: their need for financial assistance, and their desire to know the truth. This desire for truth was manifested in two forms: first, the need to know the truth concerning the matter itself, for example, the disappearance of loved ones, and secondly, the restoration of individual dignity through an official and public acknowledgment of their victimization. Whether these outcomes in fact corresponded to the reality experienced by victims themselves tends to be a question of secondary importance, since the organization of the Commission's discourse allowed perfect integration of their testimonies, their attitude, and even their actual participation. This integrative power is to a great extent the result of the characteristic form both of testimonies made to the Commission and of statements concerning the participation by and satisfaction of its members: that is, the narrative form. Because of the great capacity of personal biographies to communicate the experience of injustice and of reparation compatible with the daily experiences of the general public, from these narratives may be drawn a normative language almost beyond reproach. Furthermore, each of the narratives, without exception extremely emotionally moving, included the Commission's role in the implicit or explicit denouement of victimization. The Commission's logic is further reinforced thereby, as it appears to be extracted from the actual experience of the persons who participated. In relating their narratives, victims provided the Commission with the necessary material to persuade other victims to participate in the process, to justify itself to the population of South Africa, and to meet its mandate of restoring dignity to victims. Such circularity is a natural element of all discourse, since it contains in its terms of reference the construction of its context, its subjects, its problems and its solutions. The Commission thus met its mission, primarily through a readjustment of its concepts and language but also by a concrete modification of social reality - if such a modification were possible, and possible to observe outside of the language used in its description. From the outset, "dignity" was very apparent not as an objective personal condition but as the outcome of a specific symbolic reality. Whether or not victims felt better following their visit to the Commission, or after the publication of its report, would have no effect on the general availability of a discourse of restored dignity to describe South African reality. On the contrary, the success of this enormous and costly institution, with its mission of rewriting the history of apartheid, could not fail to transform the social representation of its victims.

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.


2016 ◽  
Vol 26 (1) ◽  
Author(s):  
Sheila Mokoboto-Zwane

Controversy continues to surround the age-old practice of virginity testing, which in South Africa made a visible comeback around the time of the country’s first democratic elections when most South Africans began to feel free to practise their cultural beliefs without fear. It coincided with the period when the HIV pandemic began to take hold. It is practised mainly in some countries of Asia and Africa, and in South Africa it is practised mainly amongst amaZulu. It is believed that this practice prevents unwanted pregnancies and sexually transmitted diseases (STDs), especially HIV/AIDS, as well as engendering a sense of pride in teenage and young females, in particular. However, some individuals, organisations and sectors of the community frown upon the practice because it violates constitutional laws that protect the right to equality, privacy, bodily integrity and sexual autonomy. The purpose of this article is to present current discourse on the cultural practice of virginity testing and the controversies surrounding this discourse. This article draws its arguments from the existing literature on virginity testing.


Author(s):  
Sean Field

The apartheid regime in South Africa and the fight against the same, followed by the reconciliation is the crux of this article. The first democratic elections held on April 27, 1994, were surprisingly free of violence. Then, in one of its first pieces of legislation, the new democratic parliament passed the Promotion of National Unity and Reconciliation Act of 1995, which created the Truth and Reconciliation Commission. At the outset, the South African TRC promised to “uncover the truth” about past atrocities, and forge reconciliation across a divided country. As oral historians, we should consider the oral testimonies that were given at the Human Rights Victim hearings and reflect on the reconciliation process and what it means to ask trauma survivors to forgive and reconcile with perpetrators. This article cites several real life examples to explain the trauma and testimony of apartheid and post-apartheid Africa with a hint on the still prevailing disappointments and blurred memories.


2018 ◽  
Vol 3 (4) ◽  
pp. 524-549
Author(s):  
Kurt Campbell

Abstract This article focuses on the conceptual implications of specific works of contemporary artist and wordsmith Adriaan Willem Boshoff. Boshoff uses his creations to challenge the terms of the current debate around indigenous languages in southern Africa through artworks such as Blind Alphabet and his Sand Writing Series. These works call viewers to an emphatic return to an understanding of scripts (and the worlds they produce) as embodied systems of tradition that occupy the central place not only in the groups they serve, but indeed in a larger vision of a culturally tolerant and affirmative nation. The article tracks key South African educational policies such as the Apartheid era Bantu Education Act of 1953, and the Corrective Language Act of 1998 after the first democratic elections to contextualize the politics of legislative development in South Africa as related to indigenous scripts and languages. Beyond this bureaucratic history, the article foregrounds partisan agency that individuals such as Wilhelm Bleek, Lucy Lloyd and Magrieta Jantjies displayed as custodians of endangered scripts and languages, culminating in a discussion of the provocative works Boshoff created to stimulate critical thought on contemporaneous philological concerns in South Africa.


2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Marelize Isabel Schoeman

This article explores the concept of criminal justice as a formal process in which parties are judged and often adjudged from the paradigmatic perspective of legal guilt versus legal innocence. While this function of a criminal-justice system is important – and indeed necessary – in any ordered society, a society in transition such as South Africa must question the underlying basis of justice. This self-reflection must include an overview questioning whether the criminal-justice system and its rules are serving the community as originally intended or have become a self-serving function of state in which the final pursuit is outcome-driven as opposed to process-driven. The process of reflection must invariably find its genesis in the question: ‘What is justice?’ While this rhetorical phraseology has become trite through overuse, the author submits that the question remains of prime importance when considered contemporarily but viewed through the lens of historical discourse in African philosophy. In essence, the question remains unanswered. Momentum is added to this debate by the recent movement towards a more human rights and restorative approach to justice as well as the increased recognition of traditional legal approaches to criminal justice. This discussion is wide and in order to delimit its scope the author relies on a Socratically influenced method of knowledge-mining to determine the philosophical principles underpinning the justice versus social justice discourse. It is proposed that lessons learned from African philosophies about justice and social justice can be integrated into modern-day justice systems and contribute to an ordered yet socially oriented approach to justice itself.


2021 ◽  
Author(s):  
Lauren Kim Barnes

The youth of South Africa today face many challenges in their daily lives. The majority of South Africa's population is made up of youth- people aged between 15 and 35 years old. The youth in South Africa face challenges such as crime, unemployment, poverty, and most importantly unequal opportunities in education. These challenges should not be present in the daily lives of South African youth, especially since it has been over two decades since South Africa’s first democratic elections. The challenges that are faced in the education system is explored and solutions are suggested to help end the chain of poverty.


2021 ◽  
Vol 77 (2) ◽  
Author(s):  
Ndwamato G. Mugovhani

This research article argued that the current conflicts between Vhavenda and Vatsonga, two decades and four years later after the first democratic elections for a new South Africa in 1994, are manifestations of the seeds that were sown by the Voortrekkers since their arrival around the Soutpansberg in the northern parts of South Africa in 1836. Makhado (Louis Trichardt), Vuwani and Malamulele have been embroiled in continuous arguments and counterarguments, advocacies and counter advocacies, including protests, and in some instances, destruction of the essential property. Before then, Vhavenda and Vatsonga used to live alongside each other and even together. In their traditional village settings, there was no discrimination based on language or ethnicity. Through review of early scholarly writings, oral resources garnered from elders and the author’s personal experience, a few episodes were highlighted, and the ramifications thereof were discussed.Contribution: This study also postulated that although the promotion of the tribes’ uniqueness was culturally significant, social cohesion and multiculturalism could have been sustained without institutionalising the segregation laws and demarcations, for these decisions have come back to haunt the present democratic South Africa’s ideals of nation building and social cohesion.


2021 ◽  
Vol 35 (2) ◽  
Author(s):  
Ntombizozuko Dyani-Mhango

Prosecutorial independence and prosecutorial impartiality are important for the effective administration of criminal justice in South Africa. These two concepts are interconnected and yet they are distinct, and distinguishable from judicial independence and judicial impartiality. In the past decade or so, controversy has surrounded and allegations have been made of political interference with prosecutorial independence and impartiality in South Africa. This article reflects on recent developments in the exercise of prosecutorial independence and impartiality in South Africa. The interest was sparked by recent constitutional jurisprudence in developing the law on prosecutorial independence and impartiality. In its analysis of the courts’ jurisprudence on prosecutorial independence, the article further demonstrates that this jurisprudence has had an influence in determining the independence of other institutions responsible for the administration of criminal justice.


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