FS Centre for Human Rights Law

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Browsing FS Centre for Human Rights Law by Advisor "Mubangizi, John"

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    A critical analysis of the human rights violations of detainees in South African police custody with specific reference to police brutality
    (University of the Free State, 2019) Leeuw, Tembisa; Mubangizi, John
    This study analyses the human rights violations of detainees in South African police custody. In so doing, the study focuses on police brutality. In explaining police brutality in custody, different scholars gave a common definition, namely that police brutality is the use of excessive force to cause physical, emotional, mental and deadly harm to a suspect held in custody. Police brutality is the legacy of apartheid from its formation as the Union of South Africa in 1910. The South African Police (SAP) then already adopted the features of a colonial military force, and members were socialized to use excessive force during arrest and to suspects held in custody. A desk review was adopted to gather information from primary sources such as legal documents and secondary sources such as books, academic journals and newspaper articles on police brutality in holding cells. This process was guided by three research objectives: a) to explore the nature and causes of police brutality in South African holding cells; b) to examine the effects of police brutality in South African holding cells; c) to recommend remedial measures to mitigate police brutality in South African holding cells. The findings of this study discovered that police brutality in custody is mostly caused by leadership failure and the non-reporting of cases of police brutality by the police administrators who are responsible for reporting these. In many cases, investigations favour the accused police officer. Police brutality is caused by ineffectual civil remedies. This means that if police officers are not held responsible for their brutality in holding cells they are more likely to persist with this behaviour. Passivity with regards to criminal prosecutions is another issue, as prosecutors often do not want to prosecute officers who usually help them with criminal cases. In explaining victimisation in police custody, three learning theories are relevant. They are the social learning theory, the differential association theory, and the group socialisation theory. These state that police brutality in custody is learned through socialisation and integrating with other violent police officers. The study also makes use of the conflict theory and the routine activity theory to explain what motivates the violation of detainees’ rights in custody. The study further examines the role of the Independent Police Investigative Directorate. In so doing, it analyses the IPID Act (1 of 2011) and its mandate and powers. Since its establishment, the number of cases of police brutality has decreased and more police officers have been held responsible for their misconduct. The study provides recommendations to help mitigate police brutality towards detainees in South Africa.
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    Protecting the rights of children in conflict with the law in South Africa: the Law versus the Practice
    (University of the Free State, 2024) Leeuw, Tembisa; Mubangizi, John
    This study examines the protection of children's rights in conflict with the law in South Africa, highlighting the discrepancies between legal provisions and practical implementation. It acknowledges that children, defined as individuals under 18, possess varying degrees of cognitive maturity and are often influenced by their environments, which may lead to unlawful behaviour. Despite constitutional guarantees and international standards aimed at safeguarding their rights, significant challenges remain in their treatment within Child and Youth Care Centres (CYCCs). The research explores historical contexts, the evolution of child justice policies, and the conditions faced by children in detention, emphasising the need for humane treatment and rehabilitation. It investigates the roles of various stakeholders, including Child and Youth Care Workers (CYCWs), in ensuring that children's rights are honoured and their developmental needs are met. Through a critical analysis of existing frameworks and practices, this study aims to identify gaps and propose recommendations for enhancing the protection and rehabilitation of children in conflict with the law, ultimately advocating for a more rights-based approach in the South African legal system. South Africa's population includes a significant number of children, many of whom encounter the law. The Constitution emphasises children's rights, particularly those in conflict with the law, but implementation remains a challenge. Historical context highlights the transition from punitive measures to a focus on rehabilitation. Despite constitutional protections, many face inadequate treatment in detention settings. CYCCs aim to rehabilitate children awaiting trial or sentencing but often fall short in providing safe environments. Issues include overcrowding and inadequate psychological support, leading to further rights violations. CYCWs play a crucial role in supporting the development of children in care. Their responsibilities include providing emotional and psychological support, but challenges persist in their training and resources. The key legislative frameworks safeguarding children’s rights include the Child Justice Act and the Children's Act, which align with international human rights standards. However, gaps exist between legislation and practice, leading to continued human rights violations.