THE EVOLUTION OF THE SOUTH AFRICAN CRIMINAL JUSTICE SYSTEM

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CHAPTER 2: THE QUALITATIVE APPROACH TO THIS RESEARCH

INTRODUCTION

Qualitative research is research that involves analysing and interpreting text and interviews in order to discover meaningful patterns descriptive of a particular phenomenon. The qualitative approach to research leads to studies that are quite different from those designed using the more traditional approach.
Research follows a particular line, and the approach that the researcher adopts determines the method and the method determines the technique. A method is a procedure or way of doing something in an orderly manner (Oxford English Dictionary, 1981:324), whereas a technique is a method of doing something. The literature study formed the basis of this research. Unstructured interviews were conducted with a few individuals, but the majority of this research was done by means of a literature study.

METHODOLOGICAL APPROACH

In this study the researcher followed a qualitative approach. A literature study and interviews were used as data collection techniques. Qualitative methodology refers to research which produces descriptive data, generally people’s own written or spoken words (Brynard & Hanekom, 1997:29). Qualitative research entails discovering novel or unanticipated findings and the possibility of altering research plans in response to accidental discoveries. Qualitative research takes an interpretive and naturalistic approach to its subject matter.
Qualitative researchers study things in their natural settings, attempting to make sense of, or interpret, phenomena in terms of the meanings that people bring to them (De Vos, 1998:240). Qualitative methodologies allow the researcher to know people personally and to see them as they are and to experience their daily struggles when confronted with real-life situations
Qualitative research begins by accepting that there is a range of different ways of making sense of the world, and is concerned with discovering the meanings seen by those who are being researched, and with understanding their view of the world rather than that of the researcher’s (http://www.bmj.bmjjournals.com).

Advantages of qualitative research

Qualitative research provides people with a means of attempting to understand a world that cannot be understood in terms of numbers and objectivity. Qualitative approaches provide ways of transcribing and analysing the discursive construction of everyday events and of exploring the historical nature of life within a social group or local setting (De Vos, 1998:240).
In theory, it seems that qualitative research is the best route to take in every research situation, because it provides people with an understanding that takes into account the fact that each person is an individual with a different perspective on the world (De Vos, 1998:240). Qualitative research is flexible and inexpensive to administer (http://www.mapnp.org).

Disadvantages of qualitative research

In terms of qualitative research, it is largely impossible to escape the subjective experience, even for the most seasoned researchers. If a researcher is working with one person, or even a small group, the results are likely to be valid for that particular person or focus group (http://www.wilderdom.com). Therefore, one could not make a generalisation from the results as one could with the results of a quantitative research study.
Another disadvantage of qualitative research is the accuracy of the interpretations of the researcher (http://www.okstate.edu). Because the researcher is a person, like the participants, it is possible that the researcher has personal biases to overcome or consider when carrying out inductive reasoning processes.

RESEARCH METHODS

Literature study

The basis of this research is going to be the literature study. A thorough literature study is an indispensable component of all research. It familiarises the researchers with research which has already been done in their field, as well as with current research. to Leedy (1993:87) a literature study provides background to the new research, justifies the need to conduct new research and seeks to do one or more of the following: interpret, clarify and integrate another’s research. A literature study makes the researcher aware of what the current train of thought is, as well as the focus of existing and acceptable thought regarding a specific topic. It also helps them to demarcate the boundaries of their research themes.
According to Leedy (1993:87), a literature study has the following benefits: it can reveal investigations similar to your own, and it can show you the collateral researchers handled in these situations; it can reveal to you sources of data that you may not have known existed; it can provide you with new ideas and approaches that may not have occurred to you and it can help you evaluate your own research efforts by comparing them with the similar efforts of others.
2.3.1.1 The role of a literature study
A literature study helps the researcher to select a research problem or theme. Relevant literature enables the researcher to discover where inconsistencies, wrong designs and incorrect statistical conclusions occur.
According to Hoepfl (1997:16), research reports are concluded with recommendations regarding research which still needs to be done. The researcher’s thinking can be shaped in this way, which in turn will enable him to establish the size and extent of the research, to consider the procedures and instruments which are to be used in the research and to avoid unnecessary repetition of research already undertaken (http://www.petech.ac.za/robert/data.htm).
2.3.1.2 Types of literature
According to Hoepfl (1997:16) there are two types of literature sources, namely, comprehension literature and research literature.
Comprehension literature refers to books and articles by experts in which they state their opinions, experiences, theories and ideas on concepts and constructs within a specific problem area, as well as their opinions on what is good or bad, desirable or undesirable, valuable or worthless regarding insight into specific concepts or constructs (www.petech.ac.za/robert/data/htm).
Research literature includes reporting in respect of research already undertaken in the field, and gives the researcher a good indication of successes and problems in respect of research procedures, design, hypotheses, techniques and instruments. The results of studying these two types of literature lead the researcher to a greater awareness of those matters within the field which have already sufficiently been demonstrated and proved, as well as those matters still requiring more in-depth research.
2.3.1.3 Primary and secondary sources
Sources of information are generally categorised as primary, secondary or tertiary, depending on their originality and their proximity to the source or origin. Primary sources of a specific type of information are the original works, books, magazines, articles, films and sound recordings which reflect the information first hand (http://www.bergen.cc.nj.us). Primary sources are usually the first formal appearance of results in print or electronic literature. The information contained in primary sources is presented in its original form, neither interpreted nor condensed or evaluated by other writers.
Common examples of primary sources also include proceedings of meetings, conferences and symposia, technical reports, dissertations and theses, works of literature, diaries, autobiographies, interviews, newspaper articles, government documents, Internet communications, letters and CD-ROMs (Leedy, 1993:94).
In this research the researcher used literature, interviews, newspapers, articles, government documents such as Acts of Parliament and policies, and Internet communication. Government policies, annual reports, government legislation and different types of Internet communication will play a major role in this research. These primary sources are available and accessible to the researcher, and are reliable (http://www.petech.ac.za.robert/data/.htm).
However, there are a few problems which can be experienced by researchers when primary sources are consulted, including the following: the source may be out of print, destroyed or unobtainable, or the source may be in a foreign language, rendering it inaccessible to the researcher.
However, this should not discourage researchers from using primary sources, because they provide valuable practice in examining information carefully, reasoning inductively, and developing a claim. Secondary sources are accounts written after the fact, with the benefit of hindsight, or they are accounts written by people who were not at the scene. They are interpretations and evaluations of primary sources. Secondary sources comment on and discuss the evidence provided by primary sources. Examples of secondary sources include biographical works, monographs and commentaries.
Secondary sources are prepared based on the information contained in primary sources, and often explain or comment on the primary source material (http://www.bergen.cc.nj.us). Besides the primary and secondary sources, there are also tertiary sources which refer to the works which list primary and secondary sources in a specific subject area. For the purpose of this research, the researcher used monographs and journals. The reason for using these sources is that the majority of the chosen institutions are new establishments, and primary sources are not readily available.

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RESEARCH TECHNIQUES

The most frequently used techniques of data collection within qualitative and quantitative research methods are: review of relevant literature, interviews, questionnaires and observation. In this study, the researcher will make use of unstructured interviews

Interviews

Face-to-face interviews are a direct communication and primary research collection technique. If relatively unstructured, but in-depth, they tend to be considered as part of qualitative research. The opportunity for feedback to the respondent is a distinct advantage in personal interviews. Not only is there the opportunity to reassure respondents, should they be reluctant to participate, but the interviewer can also clarify certain instructions or questions. The interviewer also has the opportunity to probe answers by asking the respondent to clarify or expand on a specific response. According to Brynard and Hanekom (1997:32), interviewers can also supplement answers by recording their own observations.
2.4.1.1 Unstructured interviews
The unstructured or nondirective interview is less structured than the life history interview or the focused interview. The chief feature of the nondirective interview is its almost total reliance upon neutral probes that are designed to be as neutral as possible (Bailey, 1994:194). These interviews amount to an informal conversation about the subject.
The advantage of unstructured interviews is that the respondents are encouraged to talk freely about the subject, but are kept to the point on issues of interest to the researcher. Respondents are encouraged to reveal everything that they feel about the subject. This method also allows the respondents to tell their own stories in their own words, with prompting from the interviewer. Properly conducted informal interviews can give the researcher an accurate feel for the subject to be researched (http://www.onevision.co.uk). In general, the unstructured interview may be able to provide a relaxed and unhurried atmosphere that is not stressful to the respondent.
There may be just a single question that the interviewer asks and the interviewee is then allowed to respond freely, with the interviewer simply responding to points that seem worthy of being followed up. Bailey (1994:194) is of the opinion that unstructured interviews can sometimes be more valid than highly structured interviews, even though the latter are more commonly used and probably thought to be more valid. More complex issues can be probed.
The disadvantage of unstructured interview is that the gathering of data is time consuming and difficult to collect and analyse. There are greater opportunities for interviewer bias to intervene, and, because it is a time consuming method, it is expensive and only feasible with small samples (Hoepfl, 1997:6).

Observation

Observation means that a researcher studies or observes a specific situation. This is a primary technique for collection of data on non-verbal behaviour. Although observation most commonly involves sight or visual data collection, it could also include data collection via the other senses such as hearing, touch or smell (Bailey, 1994:242).
The use of observational methods does not preclude simultaneous use of other data-gathering techniques. Observations are often conducted as a preliminary to surveys, and may also be conducted jointly with document study or experimentation.
2.4.2.1 Advantages of observation
Observation is decidedly superior to survey research, experimentation, or document study for collecting data on nonverbal behaviour. Another advantage of observation is that behaviour takes place in its natural environment.
Unlike the interviewer, who must compete with the respondent’s everyday activities and obligations for a valuable hour of their time for the interview, or the experimenter who must constrain their subjects for the duration of the experiment in an alien and sometimes hostile or uncomfortable laboratory environment, the observer is able to conduct their study in the subject’s natural environment, and is thus usually able to study over a much longer time period than with either the survey or experiment (Bailey, 1994:244). In this study, observation was used by the researcher while conducting the interviews.
This technique was used to observe things like the office setup, resources available to the five institutions in South Africa – and one in Hong Kong, atmosphere in the workplace as well as the behavioural response when a particular question was asked. In some instances, the researcher observed that certain respondents were uncomfortable with certain questions. A classical example was observed when a question was posed to the deputy head of the SIU about the duplication of functions and the oversight accountability. Instead of giving straight answers, the respondense was slow and unconvincing.

TABLE OF CONTENTS
Acknowledgements
Dedication
Abstract
Opsomming
Key concepts
Abbreviations
CHAPTER 1: GENERAL ORIENTATION
1.1 INTRODUCTION
1.2 RATIONALE OF RESEARCH
1.3 OBJECTIVES OF THIS RESEARCH
1.4 HYPOTHESES
1.5 DEMARCATIONOF THE STUDY
1.6 PROBLEMS ENCOUNTERED DURING RESEARCH
1.7 ORGANISATION OF THE THESIS
1.8 DEFINITION OF CONCEPTS
CHAPTER 2: THE QUALITATIVE APPROACH TO THIS RESEARC
2.1 INTRODUCTION
2.2 METHODOLOGICAL APPROACH
2.3 RESEARCH METHODS
2.4 RESEARCH TECHNIQUES
2.5 RESEARCH SAMPLE
2.6 CONCLUSION
CHAPTER 3: THE EVOLUTION OF THE SOUTH AFRICAN CRIMINAL JUSTICE SYSTEM
3.1 INTRODUCTION
3.2 DEFINITIONS
3.3 ANALYSING FEDERAL SYSTEMS
3.4 U NITARY OR CENTRLISED STATES
3.5 IS SOUTH AFRICA A FEDERAL OR UNITARY STATE?
3.6 THE CONFUSION ABOUT THE PROPER DEFINITION OF THE SOUTH AFRICAN CRIMINAL JUSTICE SYSTEM
3.7 THE TRANSFORMATION OF THE SOUTH AFRICAN POLICE SERVICE
3.8 TRANSFORMATION OF THE CORRECTIONAL SYSTEM IN SOUTH AFRICA
3.9 TRANSFORMATION OF THE JUDICIARY
3.10 THE IMPACT OF THE EVOLUTION OF THE SOUTH AFRICAN CRIMINAL JUSTICE SYSTEM ON THE ENTIRE CRIMINAL JUSTICE SYSTEM
3.11 THE BIRTH OF THE DSO (SCORPIONS) AND OTHER INVESTIGATIVE UNITS
3.12 CONCLUSION
CHAPTER 4: CRIME INVESTIGATION IN SOUTH AFRICA
4.1 INTRODUCTION
4.2 DEFINITIONS
4.3 THE SEPARATION OF POWERS (TREIS POLITIQUE)
4.4 THE INVESTIGATIVE INSTITUTIONS OF THE SOUTH AFRICAN CRIMINAL JUSTICE SYSTEM
4.5 CONCLUSION
CHAPTER 5: PROCESSES IN THE INVESTIGTIVE FUNCTIONS
5.1 INTRODUCTION
5.2 DEFINITIONS
5.3 THE INQUISITORIAL SYSTEM
5.4 THE ACCUSATORIAL SYSTEM
5.5 THE JURY SYSTEM
5.6 THE INQUISITORIAL INVESTIGATION
5.7 THE ACCUSATORIAL INVESTIGATION
5.8 PLEA BARGAINING
5.9 SHOULD SOUTH AFRICA USE AN INQUISITORIAL OR ACCUSATORIAL SYSTEM?
5.10 CONCLUSION
CHAPTER 6: INTERNATIONAL EXPERIENCE
6.1 INTRODUCTION
6.2 DEFINITIONS
6.3 BOTSWANA’S DIRECTORATE ON CORRUPTION AND ECONOMIC CRIME (DCEC)
6.4 MALAWI’S ANTI-CORRUPTION BUREAU (ACB)
6.5 NIGERIA’S ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC)
6.6 HONG KONG’S INDEPENDENT COMMISSION AGAINST CORRUPTION (ICAC): THE UNIVERSAL MODEL
6.7 NECESSITY FOR AN INDEPENDENT AGENCY IN SOUTH AFRICA 191 6.8 CONCLUSION
CHAPTER 7: PROPOSED INVESTIGATIVE MODEL FOR THE SOUTH AFRICAN CRIMINAL JUSTICE SYSTEM
7.1 INTRODUCTION
7.2 DEFINITIONS
7.3 PROSECUTION-LED INVESTIGATION: THE WAY FORWARD FOR THE SOUTH AFRICAN CRIMINAL JUSTICE SYSTEM
7.4 TYPES OF CRIMES TO BE INVESTIGATED BY THE NEW AGENCY 199
7.5 CRIMES NOT COVERED BY THE NEW AGENCY
7.6 SCHEDULE OF DUTIES
7.7 THE RANK STRUCTURE OF THE NEW AGENCY
7.8 CODE OF CONDUCT FOR THE INVESTIGATORS OF THE NEW INVESTIGATION AGENCY
7.9 LEGISLATIVE MANDATE TO INVESTIGATE
7.10 POWERS AND AUTHORITY TO INVESTIGATE
7.11 AUTHORITY TO GATHER CRIME INTELLIGENCE
7.12 COLLABORATION WITH OTHER AGENCIES
7.13 LEGISLATION GOVERNING CORRUPTION, FRAUD, ORGANISED CRIME, ECONOMIC AND FINANCIAL CRIMES
7.14 HOW TO REPORT CASES TO THE NEW AGENCY
7.15 LEVEL OF TRAINING FOR THE INVESTIGATORS
7.16 CIVILIAN OVERSIGHT/OVERSIGHT BODIES
7.17 BEST PRACTICE PACKAGES (BPPs)
7.18 DETENTION CENTRES
7.19 CONCLUSION
CHAPTER 8: FINDINGS AND RECOMMENDATIONS
8.1 INTRODUCTION
8.2 FINDINGS
8.3 RECOMMENDAIONS
REFERENCES