Key Points


Published in Monograph No 45, Justice versus Retribution: Attitudes to Punishment in the Eastern Cape, February 2000

  • 34% of the respondents had been victims of crime over a two-year period. A higher proportion of white respondents were victims of crime (47%), than black (34%) or coloured respondents (23%).

  • While 80% of white crime victims reported their victimisation to the police, only 66% of black and 52% of coloured respondents who had been victims of crime did so.

  • Of those crime victims who had reported crime to the police, 31% were satisfied with the police’s response. Rural respondents were the most satisfied with the police’s response.

  • 90% of the respondents thought that, compared to 1994, there was more crime in the country. Compared
    to white and urban respondents, black and rural respondents were less likely to think that crime had increased.

  • 47% of the respondents thought that the general functioning of the criminal justice system had not improved since 1994. While 41% of black and 34% of coloured respondents said that the criminal justice system had improved, only 5% of whites said so.

  • A quarter of the respondents thought that on the whole the criminal justice system is performing well, with 50% stating that it is not. Black and male respondents, and those living in small towns, were the most positive about the criminal justice system’s performance.

  • A quarter of the respondents agreed, and 58% disagreed, with the statement that ‘the government has done a good job on fighting crime and lawlessness’. Only 8% of white respondents were positive about the government’s performance, compared to 25% of coloured and 32% of black respondents.

  • When asked in which area the government should spend money to prevent crime, 66% of the respondents identified job creation, followed by the criminal justice system (17%), and education (8%).

  • 57% of the respondents agreed, and 24% disagreed, with the statement that ‘the courts are independent of and impartial to outside influences such as the press, politicians and public opinion’.

  • 23% of the respondents agreed, and 63% disagreed, with the statement that ‘politicians should influence courts’ decisions on what sentence to impose and in finding accused persons guilty or not’.

  • 34% of black respondents thought that politicians should influence courts’ decisions in finding accused persons guilty or not. Only 14% of coloured and 12% of white respondents thought so.

  • 44% of the respondents agreed with the statement that they ‘trust the police and would willingly report crime to them’. The majority, however, was either unsure (23%), or disagreed with the statement (33%). Rural and black respondents were least trusting of the police.

  • In evaluating the participants in the criminal justice process, 44% of respondents thought that judges were doing a good job, followed by magistrates (35%), police detectives (31%), prosecutors and politicians (both 27%), uniformed police officers (23%), and prison personnel (18%).

  • 59% of the respondents thought that magistrates or judges should be responsible for punishing criminals, 28% thought it should be the police, and 10% thought the community should be responsible for punishing criminals.

  • Just under half of all respondents, and 75% of rural respondents supported alternative or traditional forms of punishment.

  • 13% of the respondents said there had been an incident of vigilantism in their area, while 25% were unsure.

  • Vigilante activity in the areas where respondents lived usually resulted in violence. In the majority of cases, the victims of vigilante activity were beaten (55%), killed or shot (18%). In only 10% of the cases were the victims of vigilantism banished from the area, or taken to the police (7%).

  • Respondents who had been victims of crime were more likely to say that they either had or would participate in vigilante activity (31%), than respondents who had not been crime victims (20%).

  • When asked what kind of sentence a person deserved who murders his daughter’s rapist, 5% of respondents suggested no punishment and 38% chose a non-custodial sentence.

  • Most respondents thought that the sentences handed down by the courts were either ‘much too lenient’ (58%) or ‘slightly too lenient’ (27%). Only 4% thought that sentences were much or slightly too tough.

  • 90% of the respondents who felt that sentences were too lenient thought that lenient sentences had played a ‘major role’ in the increase in crime since 1994.

  • 74% of the respondents thought that it was important that the criminal justice system respects the constitutional right of accused persons.

  • Just over half (51%) of the respondents thought that corporal punishment for juveniles should be reintroduced as a punishment in law.

  • About half (48%) of the respondents thought that being put in prison punishes offenders. 23% thought that prison was not a punishment for offenders, while 30% were unsure.

  • 61% of the respondents thought that prisons should reform prisoners, rather than punish them.