Faculty of Commerce, Law and Management (ETDs)
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Item Institutional arrangements and rehabilitation of young offenders: a case study of the Leeuwkop correctional service facility.(2022) Macozoma, MesuliThe 1994 democratic transition in South Africa marked a break away from its repressive past, which included the creation of new institutions to exercise the rule of law in a democratic dispensation. Transforming the prison system to correctional services through policy, changed the outlook of the state in exercising punitive measures against those charged with breaking the rule of law. A key question that has emerged is the need to understand how the established correctional services system facilitates the rehabilitation of young offenders, who make the majority of people incarcerated in correctional facilities in South Africa today. The study employed a qualitative case study approach to establish interactions between institutionalised young offenders at Leeuwkop Correctional Service Facility which serves as a medium for rehabilitation. The objective of the study was to determine whether the institutional arrangements at this facility support the institutionalisation of rehabilitation as articulated in the 2005 White Paper on Corrections. Primary data was gathered using semi-structured interviews from a sample of 16 participants, inclusive of three first-time offenders, three repeat offenders, and two former offenders from the Leeuwkop Correctional Service Facility between the ages 21 – 35 years old. In addition, eight institutional actors associated with Leeuwkop Correctional Service Facility were interviewed to understand their perspectives on the administrative processes involved in services offered by the facility. Thematic analysis was employed to analyse the data sets which generated four key themes around the issue of order and discipline, factors contributing to offending, rehabilitation of offenders in a correctional environment, and the allocation and expenditure of financial resources. Research findings indicate that a lack of transformation and misalignment of the current institutional arrangements is obscuring effective rehabilitation of young offenders at Leeuwkop Correctional Service Facility. A significant finding that emerged was that the primary objective of the Leeuwkop Correctional Service Facility is the incarceration of young offenders, and rehabilitation is a secondary function; hence the institutional and structural arrangements emphasize achieving the primary goal Conditions at Leeuwkop Correctional Service Facility, reveal that institutions established with contradicting mandates tend to systematically resist change. Arguably, the institution has struggled to transform its secondary role into an actionable goal that aligns with the policy framework, rendering this space a constitutive element in engendering a vicious cycle of violence among those who interact with the institution. The research concludes that more work is needed at both institutional and administrative level to foster a culture of rehabilitation within correctional service facilities.Item Environmental spatial planning: achieving sustainable development in sensitive areas(2019) Snyman, Louis Gerhardus; Humby, Tracy-LynnSouth Africa is at a crossroads. Near stagnant economic growth and rising levels of poverty are at the top of the political agenda. In response, the state has adopted a rapid developmental growth strategy in an attempt to build an efficient economy that makes inroads into reversing a legacy of social and economic marginalisation. In a rural context, this includes supporting large industrial developments which include extractives-related activities that exploit precious natural resources. The status quo has positioned many state-sanctioned development plans on a collision course with the sustainable utilisation of sensitive natural landscapes. It is thus vital to investigate how planners and decision-makers appropriately reconcile the seemingly conflicting environmental, social and economic considerations that constitute ‘sustainable development’. This fine balancing exercise requires tough compromises to create harmony between imperatives deeply embedded in the language of rights. The two intersectional areas of law at the centre of this debate are environmental management and spatial planning; each of which prescribe numerous tools that attempt to operationalise the balancing of the often conflicting imperatives within ecologically and culturally sensitive areas. The difficulty in managing development in sensitive areas is the application of interconnecting, yet often conflicting, legislative and governance systems. Therefore, the key research questions are: How are spatial planning and environmental management paradigms being applied in sensitive areas in South Africa? Moreover, what are the chief factors inhibiting or promoting the effective use of spatial planning and environmental management to achieve a reconciliation between development and conservation in sensitive areas? Lastly, what are the legal dimensions of these questions, if any? The purpose of this study is thus to suggest ways in which spatial planning and environmental management can be better integrated to achieve the desired outcome of sustainable development in sensitive areas. Although this is a pressing issue, little empirical research has been conducted in this specific area and previous work has failed to address the specific legal, institutional and operational obstacles that exist in creating a cohesive and inclusive system.Item Caught in a gap? An examination and human rights assessment of immigration detention laws and practices in South Africa(2013-03-19) Tay, RoannaAbstract: This study examines the laws and practices relating to immigration detention in South Africa. It provides an in-depth examination of the legislation, with reference to known state practices and cases where migrants have been subjected to prolonged and repeated periods of immigration detention. The study highlights gaps in South African law that contribute to certain categories of migrants being especially vulnerable to immigration detention. Four categories are identified: (1) asylum seekers; (2) persons with difficulty obtaining travel documents; (3) stateless person; and (4) persons subject to other prohibitions against refoulement. The study offers recommendations for legislative reforms to fill the gaps in the law that contribute to these migrants’ vulnerability to immigration detention