CMY2602-ASSIGNMENT 1

CMY2602-ASSIGNMENT 1

SOLUTION (SEMESTER 1 2023)-

WITH HARVARD REFERENCING

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Topic Page Number Question 1 1.1 Introduction – Cable theft in South Africa 1 1.2 Effects of cable theft on the Economy 1 1.3 Effects of cable theft on society 1 1.4 Governments solutions towards cable theft 2 1.5 Conclusion 2 Question 2 2.1 Introduction – Differences between due process, the presumption of innocence, and kangaroo courts 2 2.2 Due Process 2 2.3 The Presumption of Innocence in South Africa 3 2.4 Kangaroo Courts 3 2.5 Conclusion 3 References 4

Question 1 1.1 Introduction – Cable theft in South Africa

Cable theft is a major problem in South Africa that has negative impacts on the economy, society, and the environment. The theft of copper cables has been a growing problem in the country for the past few decades, leading to a significant increase in power outages, traffic disruptions, and the loss of communication infrastructure. The aim of this essay is to discuss the impact of cable theft in South Africa and evaluate the effectiveness of the current preventative strategies being implemented.

1.2 Effects of cable theft on the economy According to the South African Chamber of Commerce and Industry (SACCI), the cost of cable theft to the economy is estimated at around R5 billion per year (Frost, 2019). This is a significant amount of money that could have been used to create jobs, build schools, and improve healthcare facilities. Furthermore, the loss of power due to cable theft has resulted in reduced productivity, with many businesses forced

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to shut down during power outages. This has had a detrimental effect on the country's economic growth.

1.3 Effects of cable theft on society Cable theft also has a negative impact on society. The loss of communication infrastructure can have serious consequences for emergency services, making it difficult for them to respond to accidents and other emergencies. In addition, the disruption of traffic lights due to cable theft has led to an increase in road accidents and fatalities. The lack of street lighting in some areas also makes them more vulnerable to crime, which is a major concern in a country with high crime rates.The environment is also affected by cable theft. The theft of copper cables results in the destruction of trees and other vegetation as well as the pollution of water sources. The burning of cables to extract copper has also led to air pollution, which is harmful to human health.

1.4 Governments solutions towards cable theft The South African government has implemented several strategies to prevent cable theft. One of these strategies is the use of smart technology such as alarm systems and CCTV cameras to monitor areas where cable theft is common. The government has also introduced legislation that criminalizes the possession of stolen copper cables and other metals. In addition, the government has increased the penalties for cable theft, with some offenders facing up to 30 years in prison.Despite these efforts, cable theft continues to be a major problem in South Africa.Criminals have become more sophisticated in their methods, using heavy machinery to dig up cables and cutting them into smaller pieces to avoid detection. The high demand for copper in the global market also contributes to the problem, making it difficult to prevent the sale of stolen cables.

1.5 Conclusion In conclusion, cable theft has a significant impact on the economy, society, and the environment in South Africa. The loss of communication infrastructure, traffic disruptions, and power outages have negative effects on productivity, emergency services, and public safety. The use of smart technology, legislation, and increased penalties for cable theft have been implemented to prevent this crime. However, the effectiveness of these strategies is questionable, as cable theft continues to be a major problem in the country. Further research and innovation are needed to address this issue and prevent the negative impact of cable theft in South Africa.

Question 2 2.1 Introduction – Differences between due process, the presumption of innocence, and kangaroo courts Due process, the presumption of innocence, and kangaroo courts are all concepts that are crucial in the administration of justice in South Africa. Due process refers to the legal procedures that must be followed in investigating and prosecuting crimes to ensure fairness and justice. The presumption of innocence is a legal principle that presumes a person accused of a crime is innocent until proven guilty. In contrast, kangaroo courts are illegal tribunals that do not follow due process and do not provide the accused with the presumption of innocence. This essay will critically outline the differences between these concepts in South Africa and their impact on the administration of justice.

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2.2 Due Process Due process is a fundamental concept in the South African legal system. It is enshrined in the Constitution, which requires that everyone accused of a crime be treated fairly and that their rights are protected throughout the criminal justice process. The Constitution of South Africa provides for the rights of the accused, such as the right to a fair trial, the right to legal representation, the right to remain silent, the right to confront witnesses, and the right to an impartial judge or jury (Constitution of the Republic of South Africa, 1996). The Criminal Procedure Act of 1977 further provides for the procedures to be followed in the investigation and prosecution of crimes (Criminal Procedure Act, 1977).Due process ensures that everyone is treated fairly and equally before the law. It ensures that those accused of crimes are not subjected to arbitrary detention or punishment, and that evidence is obtained lawfully. Due process also requires that the accused be informed of the charges against them and that they have the opportunity to defend themselves. This helps to prevent wrongful convictions and ensures that justice is served.

2.3 The Presumption of Innocence in South Africa The presumption of innocence is a legal principle that presumes a person accused of a crime is innocent until proven guilty. It is enshrined in the Constitution of South Africa and the Criminal Procedure Act of 1977. This principle is crucial in ensuring that the accused is not subjected to arbitrary detention or punishment and that the burden of proof rests with the prosecution.The presumption of innocence ensures that the accused is not required to prove their innocence, but rather, it is the responsibility of the prosecution to prove their guilt beyond a reasonable doubt. This principle protects the accused from the unfair treatment that can arise from wrongful convictions.

2.4 Kangaroo Courts Kangaroo courts are illegal tribunals that do not follow due process and do not provide the accused with the presumption of innocence. They are often set up by community members or vigilante groups in response to a perceived failure of the official justice system. These tribunals operate outside the legal system, and the accused is often assumed guilty from the outset. Kangaroo courts are characterized by a lack of legal procedures, no legal representation provided to the accused, and a lack of recognition of the presumption of innocence.Kangaroo courts are motivated by a desire for swift justice, particularly in cases where the official justice system is seen as slow or ineffective. However, the decisions of kangaroo courts are not legally binding, and those who participate in them can face criminal charges. Anyone found guilty of participating in extra-judicial killings can face the death penalty.The Impact of Kangaroo Courts on the Administration of Justice in South Africa Kangaroo courts have a detrimental effect on the administration of justice in South Africa. They undermine the rule of law, which is the cornerstone of the South African legal system. The lack of due process and the absence of legal representation for the accused make it impossible for them to receive a fair trial. This leads to wrongful convictions and violations of human rights.

Conclusion In conclusion, due process, the presumption of innocence, and kangaroo courts are crucial concepts in the administration of justice in South Africa. Due process ensures