2024 Control Measures to Curb Violence and Better Regulate Security Services
DOI:
https://doi.org/10.25159/2520-9515/21101Keywords:
crime statistics, violent protests , national unity and reconciliation, security services, gender-based violenceAbstract
This article discusses the most important developments encompassing legislative measures, case law, and reports dealing with violence and the security services in South Africa in the course of 2024. South Africa remains a violent society, to the extent that crime statistics underscore that violence and crime have generally increased. Gender-based violence has remained prevalent. It is in this light that the Gender-Based Violence and Femicide Act 9 of 2024 is welcomed. Security services remained under scrutiny, with new developments aimed at improving security services on the one hand and decreasing litigation against members on the other. Defence force practices related to the appointment of enquiries into military judges had been found unconstitutional, and basic rights of members enforced. Within the correctional services domain, fundamental rights of inmates relating to access to, respectively, education and food have been reconfirmed. Violent protests and unrest had continued, especially in certain pockets and at specific points in time, while incidents of mass shootings also occurred, including where whole families had been eradicated. Nationwide, communities and families had endured continued violence.
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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).
Embrace Project NPC and Others v Minister of Justice and Correctional Services and Others (04856/22) [2024] ZAGPPHC 961; 2025 (1) SACR 36 (GP) (30 September 2024).
Lehlehla v Minister of Police [2024] ZAWCHC 107 (19 April 2024).
Mahlangu v Minister of Correctional Services [2024] ZAGPJHC 1099 (25 October 2024).
Mamasedi v Chief of South African Defence Force and Others [2024] ZACC 17.
McBride v Minister of Police and Another 2016 (2) SACR 585 (CC); 2016 (11) BCLR 1398 (CC).
M. E. M v Minister of Police and Another [2024] ZAGPPHC 210 (12 March 2024).
Minister of Justice and Correctional Services v Ntuli [2023] ZASCA 146.
Ngwenya v Minister of Correctional Services [2024] ZAGPJHC 1153 (8 November 2024).
O’Brien N. O. v Minister of Defence and Military Veterans and Others [2024] ZACC 30.
Legislation
Communications and Provision of Communication-Related Information Act 70 of 2002.
Constitution of South Africa, 1996.
Correctional Services Act 111 of 1998.
Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007.
Defence Act 42 of 2002.
Domestic Violence Act 116 of 1998.
Domestic Violence Amendment Act 14 of 2021.
Government Gazette 50381 of 28 March 2024 GN R4550. Regulations relating to assistance to victims in respect of Higher Education and Training.
Government Gazette 50381 of 28 March 2024 GN R4549. Regulations relating to assistance to victims in respect of Basic Education.
Government Gazette 48067 of 17 February 2023 GN R3060. Regulations Relating to Assistance to Victims in Respect of Higher Education and Training, 2023.
Government Gazette 38157 of 3 November 2014 GN R852. Regulations Relating to Assistance to Victims in Respect of Higher Education and Training, 2014.
Government Gazette 52419 on 28 March 2025. General Intelligence Laws Amendment Act 37 of 2024.
Government Gazette 50712 on 27 May 2024. National Council on Gender-Based Violence and Femicide Act 9 of 2024.
Government Gazette 51580 of 15 November 2024 Proc R221. National Council on Gender-Based Violence and Femicide Act 9 of 2024.
Independent Police Investigative Directorate Amendment Act 15 of 2024.
Military Discipline Supplementary Measures Act 16 of 1999.
National Council on Gender-Based Violence and Femicide Act 9 of 2024.
National Policy of Repatriation and Restitution of Human Remains and Heritage Objects, 2021.
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