2023 Control Measures to Curb Violence and the Security Services
DOI:
https://doi.org/10.25159/2520-9515/18056Keywords:
crime statistics, violent protests, national unity and reconciliation, security services, arms and ammunition, gender-based violence, terrorismAbstract
This article discusses the most important court decisions and measures that dealt with violence and the security services in South Africa in 2023. It discusses, among others, the 2023 crime statistics that continue to underline South Africa as a violent society. It indicates, for example, that violent crimes increased while violent protests decreased during the reporting period. Despite the destruction of firearms, violent crimes still include the use of firearms. The article also deals with new measures to curb gender-based violence. It further introduces the newest amendments providing more clarity with regard to the beneficiaries of the educational financial aid regulations issued in terms of the Promotion of National Unity and Reconciliation Act 34 of 1995. The Draft National Policing Policy, rural safety and the rising number of civil claims against the police services are also discussed. The article further discusses the Correctional Services Amendment Bill [B14-2023] and the General Intelligence Laws Amendment Bill [B40-2023], that give effect to judgments of the Constitutional Court that declared some of the provisions of the original acts unconstitutional. The General Law (Anti-Money Laundering and Combating of Terrorism Financing) Amendment Act 22 of 2022 increased the penalties for offences committed in terms of this Act. This article discusses the most important 2023 measures and court decisions in relation to crime statistics and violent protests, national unity and reconciliation, security services (police services, correctional services, defence and intelligence services), arms and ammunition, gender-based violence and terrorism.
References
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Doxsee, C, Palmer A. and McCabe, R. 2024. “The Global Terrorism Threat Assessment 2024.” Accessed 9 October 2024. https://www.csis.org/analysis/global-terrorism-threat-assessment-2024
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McCain, N. “Police Destroy More Than 15 000 Guns in Vanderbijlpark, Gauteng.” News24, 7 July 2023 Accessed 10 August 2024. https://bit.ly/3SJdMIp.
McCain, N. 2023a. “Intercape Seeks Order Compelling Police to Probe Bus Attacks Tells Court of Alleged R5 million Extortion.” News24, 22 September 2023 Accessed 1 August 2024. https://bit.ly/4fued3m
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Cases
AmaBhungane Centre for Investigative Journalism NPC v Minister of Justice and Correctional Services [2019] 4 All SA 343 (GP); 2020 (1) SA 90 (GP); 2020 (1) SACR 139 (GP).
AmaBhungane Centre for Investigative Journalism NPC v Minister of Justice and Correctional Services; Minister of Police v AmaBhungane Centre for Investigative Journalism NPC 2021 (4) BCLR 349 (CC); 2021 (3) SA 246 (CC).
Boshego v The Correctional Supervision and Parole Board [2023] ZAGPPHC 409, 40175/2021 (7 June 2023).
McBride v Minister of Police and Another 2016 (2) SACR 585 (CC); 2016 (11) BCLR 1398 (CC).
Minister of Justice and Constitutional Development v Pennington [2023] ZASCA 51 (14 April 2023).
Moodley v Minister of Justice and Correctional Services [2023] ZAGPJHC 114 (13 December 2023).
S v Gumbi and Others (Sentence) (CC24/2023) [2023] ZAKZPHC 65 (15 June 2023). DOI: https://doi.org/10.3390/su151612530
Sonke Gender Justice NPC v President of the Republic of South Africa 2021 (3) BCLR 269 (CC).
Legislation
Correctional Services Act 111 of 1998.
Correctional Services Amendment Act 14 of 2023.
Correctional Services Amendment Bill [B14–2023].
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
Domestic Violence Act 116 of 1998.
Domestic Violence Amendment Act 14 of 2021.
Firearms Control Act 60 of 2000.
General Intelligence Laws Amendment Bill [B40 of 2023].
General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022.
Independent Police Investigative Directorate (IPID) Amendment Bill [B21–2023].
Intelligence Oversight Act 39 of 1994.
Intelligence Services Act 65 of 2002.
Military Pensions Act 84 of 1967.
Military Veterans Act 18 of 2011.
National Prosecuting Authority Amendment Bill [B29-2023].
National Strategic Intelligence Act 39 of 1994.
Prevention of Combating and Torture of Persons Act 13 of 2013.
Promotion of Administrative Justice Act 3 of 2000.
Promotion of National Unity and Reconciliation Act 34 of 1995.
Regulation of Interception of Communications and Provision of Communication-related Information Bill (B28–2023).
Social Assistance Act 13 of 2004.
Gazette Notices
GG 38157 of 3 November 2014 GN R852 – Regulations Relating to Assistance to Victims in Respect of Higher Education and Training, 2014.
GG 47920 of 27 January 2023 GN 2958 – Employment of Defence Force from 16 December 2022 to 16 March 2023 under Operation Prosper in Prevention and Combating of Crime and Maintenance and Preservation of Law and Order.
GG 48067 of 17 February 2023 GN R3060 – Regulations Relating to Assistance to Victims in Respect of Higher Education and Training, 2023.
GG 40429 of 3 April 2024 – Correctional Services Amendment Act 14 of 2023.
GG 48428 of 14 April 2023 GN R3290 – Promotion of National Unity and Reconciliation Act 34 of 1995, Regulations Relating to Assistance to Victims in Respect of Basic Education: Increased Amounts Published in Terms of Reg. 28(2)(a).
GG 48419 of 14 April 2023 GN R3289 Domestic Violence Act (116/1998): Domestic Violence Regulations, 2022.
GG 48469 of 25 April 2023 GN 3340 – Proposed Regulations regarding the Military Veterans Pensions Benefit, 2023.
GG 48517 of 4 May 2023 GN 3364 - Domestic Violence Act (116/1998): Revision of National Instruction 7 of 1999 in Terms of Section 18(3) of the Act.
GG 48419 of 14 April 2023 Proc R117 – The Domestic Violence Amendment Act 14 of 2021.
GG 48670 of 26 May 2023 GN 3474 – Draft Correctional Services Amendment Bill, 2023, Notice of Intention to Introduce an Explanatory Summary.
GG 48682 of 1 June 2023 GN 3477 – Notice in Terms of Section 136(1) of the Firearms Control Act, 2000 (Act No. 60 of 2000).
GG 49442 of 2 October 2023 GN R3949 – Regulations regarding the Military Veterans Pensions Benefit, 2023.
GG 49717 of 14 November 2023 GN 4067 – Draft General Intelligence Laws Amendment Bill, 2023 Published for Comment.
GG 49730 of 16 November 2023 GN 4095 – Draft General Intelligence Laws Amendment Bill, 2023, Notice of Intention to Introduce an Explanatory Summary Published for Comment.
GG 49603 of 3 November 2023 GN 4029 – Draft National Policing Policy: Executive Summary Published for Comment.
GG 49817 of 4 December 2023 GN 4145 – Notice in Terms of Section 136(1) of the Firearms Control Act, 2000 (Act No. 60 of 2000).
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