The Great Crime Debate

[Graeme]

An interesting article by Stephen Mulholland in this week's FINWEEK: It would seem that the trustees of the estate of the late Brett Kebble are trying to extract from the ANC and various of its manifestations R24 million of OPM (other people's money) that Kebble gave them. A legal argument has developed over the notion of "dispositions without value"; the trustees claiming that the ANC was the recipient of OPM that was stolen and that it and its various branches and individuals received those funds without providing any value for them. Thus, demands the trustees, the courts must order the ANC to return the funds to the Kebble estate.

In what Business Day described as a "remarkable admission" the ANC has argued in court that Kebble did, in fact, receive value for his money. In doing that one assumes, as a layman, that the ANC acknowledges the principle of "disposition without value". In other words, the ANC agrees that if someone gives you something that he has stolen and receives nothing in return from you, then the money goes back to the to the party from whom it was stolen. Sounds logical and fair. Having done so it's incumbent, clearly, on the ANC to describe the value that it alleges Kebble received.

So what did Kebble receive for the R24 million? Mendi Msimang, treasurer-general of the ANC offers: "He (Kebble) had an office in Melrose Arch, where he worked surrounded by the singing of birds and tranquillity of the northern suburbs (and) he owned approximately five properties in Bishops court (in Cape Town)". Kebble enjoyed his success, avers Msimang, because of the "gallant effort and contribution of the ANC" in providing a political climate in which those such as Kebble might prosper.

This Msimang is the husband of Manto Tshabalala-Msimang, our Health Minister and garlic and beetroot protagonist.

Mulholland wishes the trustees good luck in ever seeing that loot again.

[duncan drennan]

So what did Kebble receive for the R24 million? Mendi Msimang, treasurer-general of the ANC offers: “He (Kebble) had an office in Melrose Arch, where he worked surrounded by the singing of birds and tranquillity of the northern suburbs (and) he owned approximately five properties in Bishops court (in Cape Town)”. Kebble enjoyed his success, avers Msimang, because of the “gallant effort and contribution of the ANC” in providing a political climate in which those such as Kebble might prosper.

That should come with a coffee warning

(not that I'm saying they don't strive to do this, but man, you gotta love that response!)

[Chatmaster]

I resigned out of the SAPS back in 1994 and one of the main issues I had back then was the lack of proper leadership that was moving in on the mid senior levels. They were starting to make changes that we currently see the result of. One of the biggest changes that made me extremely unhappy back then was the appointment of graduates from outside the SAPS into top positions within the SAPS.

This changed alot of the discipline and pride within the SAPS. I remember whilst being an instructor at Maleoskop, I had one of the founding members of Task Force as a commander and a Pshycologist as a 2 IC. 2 years later the 2 IC was the General in charge of national training and there was huge changes made to the foundation of the SAPS. Sad to say, but then '93-94 everything changed to worse already. That same mentality is still applying, where sivilians are in charge of the safety and security of our country.

Closing statement:
There is more discipline in our private security than in our SAPS atm.

[Dave A]

Not everyone is happy with the improved numbers on reported rapes.

The 5 percent decline in the number of rapes and indecent assaults that was reported to police over the past year is no cause to celebrate.

Instead, the dip should trigger alarm bells, according to experts in the field who this week warned that more and more reports were coming in about rape complainants being turned away by police keen to see statistics dip.

Most organisations active in the field say the rape statistics contained in the police report on crime between April 2006 and March 2007 have little meaning; these crimes are not ones that police alone can prevent; and police performance in tackling sexual offences should be measured by arrests and convictions, not by the incidents of crime reported.
full story from IOL here

Of course, there was also the police restructure last year that did away with the specialised units. Could this also be a factor?

[Dave A]

A return to old ways?

Three men accused of rape were beaten and hacked to death by an angry crowd in KwaMashu recently.

A passer-by noticed a crowd and stopped to see what had happened. He caught a glimpse of the three men lying on the ground, being kicked around "like soccer balls".

He recorded what was happening on his cellphone video.

The crowd continued to beat the men, and eventually severed their heads and limbs with bush knives.

As the dismembered bodies lay in a pool of blood, the crowd dispersed as if nothing had happened.

Mob justice had just run its grisly course - a not infrequent occurrence in South Africa, a country with a long history of communities dispensing swift retribution to those suspected of wrongdoing.

During the apartheid era, township kangaroo courts delivered stern punishment, including death by a burning tyre "necklace", to people suspected of collaborating with the state.

Nowadays, when a community takes the law into its own hands to become the judge-jury-and-execution team it still wants no truck with the establishment, but the reasons are no longer political.

Some experts say vigilante justice is the result of complex inter-related issues. A mob killing or beating a suspected rapist or robber may be less about delivering rough justice than about intimidating witnesses to the spectacle, as well as the "assertion of complete, repressive power".

At any rate for many administering "justice" on the streets, vigilantism does provide a ready alternative to the official system, which is seen as ineffective, at best.
full story from IOL here

[duncan drennan]

I think mob justice is just about the worst thing that can occur. It breaks down the entire justice system. No more trial, just a witch hunt, regardless of your situation. The worst form is alluded to in the article - charismatic criminals using it against their witnesses. There is no reason at action in a mob.

[Dave A]

This story is really close to home for me.

Fearful and frustrated KwaZulu-Natal businessmen in Red Hill and Greenwood Park believe they are under siege from criminals after a series of robberies.

They have resorted to closing early to avoid becoming victims. The businessmen say police have not informed them of progress in investigations.

Service stations in the area no longer offer 24-hour service.

North Coast Service Station owner Rajesh Tularam said: "We close at 10pm every day, and the service station down the road closes at 11pm."

Another businessman, who asked not to be named, has decided to sell his business and leave the country. "My business has been robbed four times in the past nine months. I provided surveillance footage of all the robberies to police, but I have heard nothing from them since then. In the last incident they shot at me. After that I decided to sell the shop and go to England. I can't take it anymore."
full story from IOL here

How do we break this vicious circle?

Crime causes people to reduce service provision or leave. Less investment and employment. Less money. More crime.

[I Robot]

Minister for Justice and Constitutional Development, Brigitte Mabandla, on the Second Reading Debate of the Regulation of Interception of Communication and Provision of Communication-related Information Amendment Bill, National Assembly 29 August 2007

Madam Speaker
Honourable members

I think it may be appropriate to introduce this debate by making a few basic points which we tend to overlook when dealing with such a technical subject as the one before the House and which we are to decide on shortly.

The Act, being amended by the Bill was put on the Statute Book as a measure to combat serious crime. It regulates, very carefully, the manner in which private communications of persons may be intercepted and monitored. It does so in a way which does not offend the Constitution in any manner. The infringement of a person's right to privacy, which this Act permits, in very limited and circumscribed conditions, is justified on the grounds, among others, that the interception and monitoring of communications is necessary in order to detect, prevent and investigate serious crimes.

In short, it allows for interception only after a designated judge has authorised such interception at the request of any of the law enforcement agencies on an individual basis.

The Act envisages the "tapping" of phone calls, that is, landline phone calls, as well as cellular phone calls. The nature of the Act is therefore understandably comprehensive, detailed and technical in the extreme. One cannot imagine it being otherwise.

The Bill before us relates only to the interception of cellular phone calls. It was promoted at the instigation of the three mobile cellular operators jointly, that is Vodacom, MTN and Cell C. These service providers approached government when the implementation of the principal Act was receiving attention. They requested government not to implement sections 40 and 62(6) of the Act. These sections require persons who sell SIM cards and cell phones to record and store certain information of their clients, as well as the particulars of the SIM cards and the cell phones themselves.

These provisions, as they read at present, call for a paper-based registration process, section 40 dealing with the registration of clients after the commencement of that section and section 62(6) dealing with the registration of persons who are clients at the time this provision is implemented. The service providers proposed that this paper-based process be replaced by an electronic solution. That, in essence, is what the Bill is about. It provides for the electronic capturing of certain information to ensure that the principal Act is fully effective and to ensure the achievement of its objects.

I know that the Bill has been the subject of lengthy deliberations in and
outside of Parliament. It has been adapted by the Committee in numerous respects. I do not intend to deal with all aspects of the Bill, but would rather make a few general observations.

Since the Bill is aimed mainly at the registration and verification of certain particulars of owners of cellular phones and SIM cards, for instance, addresses and identity, failing which such persons will not be able to gain access to cellular phone services, some of the proposed new definitions in clause 1 indicate the Portfolio Committee's endeavours to ensure that as many persons as possible will be in a position to comply with the registration requirements, particularly persons who live in outlying areas who rely heavily on cellular phone services for access to numerous different basic services, for instance to obtain information about pension pay-outs and cellular phone banking. It is clear to me that every effort has been made to ensure that the distribution and availability of cell phone services are not compromised in any manner.

I am aware that there are still a number of aspects in the Bill in respect of which the service providers have reservations. The requirement whether to register the handset number (the IMEI number) or not, the implications the Bill will have on visitors to the country who wish to "roam" on our networks and the timeframes within which the registration of existing cellphone clients must be finalised, are some of the issues that have been raised by the service providers. We are now halfway through the Parliamentary process. The Bill still needs to be considered by the National Council of Provinces. I am therefore reluctant to go into the merits of these issues. I would rather let the Parliamentary process run its course.

I must, however, make my view known, namely that there can be no room for any gaps in this legislation. As I see it, the information specified in the Bill that is required to be captured is essential, not only for investigation purposes, but also as evidence in our courts. My sense is that the further deliberations on the Bill must be more on how to achieve what is already in the Bill rather than on what should or should not be in the Bill.

My plea to all stakeholders today is to facilitate the expeditious enactment of this Bill. We need to use all measures at our disposal to fight crime and every day that this Bill is delayed, is an extra day for criminals to use to their advantage in the planning and execution of crimes. On this note, I need to express the hope that the service providers have, in the run-up to the enactment of this Bill, used the time fruitfully in gearing themselves for what is likely to be required of them when the Bill is in place. Their proactive endeavours in this regard should enable them to finalise the registration process in respect of their existing clients far quicker than the 12 month period provided for in the Bill. As I have already said, we simply cannot allow for any further unnecessary delays.

I wish to express my appreciation to Ms Fatima Chohan and her Portfolio Committee members for their inputs and for their unanimous support of the Bill. It is clear they have spared no effort in trying to ensure that the final product does not detract from the objectives of the principal Act on the one hand, with as little disruption as possible to the service providers and the users of mobile cellular services, on the other.


More...

[duncan drennan]

Today's Fact-a-Day,

The number of South African adults who were victims of non-violent crime showed a 20% increase from 2006. A similar growth was recorded for violent crime. (AMPS 2006, 2007RA)

[Loman]

Pirated DVD's in Mozambique cost about R35 - R90 depending on whether you look like a tourist or not.
I've seen some of them that are exactly like the original, covers printed on glossy paper, all of it sealed in plastic exactly like the real thing. Only if you open it up and remove the disc you might notice a difference, if you know what to look for.

That makes me wonder how many people are there that won't buy pirated dvd's but did buy them not knowing they weren't original.

A few years ago a dead giveaway that a cd, dvd or game is pirated is the printing on the disc was of poor quality, often faded. These days, its not that easy anymore, and if i was a gambler I'd bet its going to get harder still.