NCJ Number
65068
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 23 Issue: 2 Dated: (1979) Pages: 99-108
Date Published
1979
Length
10 pages
Annotation
THE HISTORY OF SOUTH AFRICAN PENAL PRACTICE AND EFFORTS AT PENAL REFORM ARE REVIEWED, AND PROSPECTS FOR FUTURE REFORM ARE ASSESSED.
Abstract
DURING MOST OF THIS CENTURY, SOUTH AFRICAN PENAL PRACTICE HAS BEEN BASED IN THE BELIEF THAT PUNISHMENT, BY MEANS OF HARSH IMPRISONMENT, CORPORAL PUNISHMENT, AND CAPITAL PUNISHMENT, IS THE MOST EFFECTIVE MEANS OF SOCIAL CONTROL, EVEN THOUGH RISING CRIME RATES SHOW THE INADEQUACY OF THIS POLICY. ALTHOUGH THE LEGISLATURE HAD BEEN UNYIELDING AGAINST PENAL REFORM EFFORTS IN THE PAST, THE GOVERNMENT APPOINTED A COMMISSION IN 1971 TO EXAMINE PENAL PRACTICES AND MAKE REFORM RECOMMENDATIONS. THIS ACTION WAS LARGELY IN RESPONSE TO PRESSURE FROM REFORM GROUPS. THE COMMISSION RECOMMENDED GREATER USE OF DIVERSIONARY PROGRAMS FOR PETTY OFFENDERS, ALONG WITH NONCUSTODIAL SENTENCES. THE ABOLITION OF STATUTORY MINIMUM SENTENCES AND THE EXPANSION OF JUDICIAL DISCRETION IN SENTENCING WERE ALSO RECOMMENDED. THE ESTABLISHMENT OF A PAROLE AND AFTERCARE SERVICE WAS URGED. AN EASING OF THE SEVERITY OF CORPORAL PUNISHMENT WAS PROPOSED. ALTHOUGH THE COMMISSION'S REPORT WAS TABLED IN PARLIAMENT, SOME OF ITS RECOMMENDATIONS WERE ACCEPTED IN A SUBSEQUENT CRIMINAL PROCEDURES BILL. SENTENCES OF SOLITARY CONFINEMENT AND SPARSE DIETS HAVE BEEN ABOLISHED, AND THE IMPOSITION OF FEWER STATUTORY MINIMUM PRISON SENTENCES IS PERMITTED. ALSO, GREATER RESTRICTIONS ARE IMPOSED ON THE USE OF CORPORAL PUNISHMENT. WHILE MAJOR CHANGE IN SOUTH AFRICAN PENAL PRACTICE IS NOT IMMINENT, THE POTENTIAL FOR GRADUAL AND REGULAR CHANGE EXISTS, WITH THE APPOINTMENT IN 1977 OF A PERMANENT PENAL REFORM COMMITTEE. REFERENCES ARE PROVIDED. (RCB)