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CRIMEINMTUNZINIbyGABRIEL LINDUMUSA NDABANDABASUBMITTED IN FULFILMENT OF THEREQUIREMENTS FOR THE DEGREE OFMASTER OF ARTS IN THE DEPART-MENT OF CRIMINOLOGY AT THEUNIVERSITY OF ZULULAND.DATESUBMITTED:DECEMBER 1974.•

TAB LEO FCON TEN T SCHAPTER 1. PageTHEINVESTIGATION1.1 \ THE CHOI CE OF THE SUBJECT .•.••.••••••...••.•••••.1.2, THE PURPOSE OF THE INVESTIGATION •••••.•••••••••..1.3 . DELIMITATION OF THE INQUIRy ••.••••..•••.••••••..••1.3.1 Chief Magemegeme Dube .•.•...•..••.•.•.•.••••••1.3.2 Chief Muntongemikudla Mkhwanazi •.•.•• " ..•••..•1.3.3 Chief Nzuza -•. - - ..1.3 .• 4 Chief Zulu.•••••••••••••··•·•••••••••.••••·•••.•·••1.3.5 Chief Lindelihle Mzimela..••.•.•••.•.••••••...1.4 APPROACH TO THE STUDy .••••••••••••••••••••••••.•.1.5 RESEARCH PROCEDURES •.•.••.•••.••••.••••••••.•.•.•1.5.1 The Socio-historical Method..•..••.•.••.••.••.1.5.2 The Comparative Method..•.•••.••••.••..••••••.1.5.3 The Statistical Method ••••.•••••••••••...••.•.1.6 THE PRESENTATION OF THE MATERIAL ..•••••••••••••••1.7 REVIEW OF MATERIAL ..•••..••.•.•••.•.....••.••••..1.7-.1 Textbooks ..1.7.2 Official Documents...•..•..•.•..•.•.•.••.•...•1.7.3 Scientific Journals ..1.7.4 Unpublished MateriaL .1.7.5 Unofficial Documents.••..•..•..••.••.••..••.••1.7.6 Personal Communication.•.•..•••...••.•••.•••..1.8 DEFINITION.OF CONCEPTS •.•.••••.•.•••.•••..•.••••.1.8.1 Zulu ; ..1.8.2 African ~ ..1.8-.3 Crime ..1.8.-4 Punishment ..1.8.5 Culture-Conflict..•..••.•.•.••••..•...•..•.••.1.8.6 Subc:ulture -: .1.9 FACTORS WHICH HAMPERED THE INVESTIGATION ..•••....CHAPTER 2.CRIME AND PUNISHMENT IN TRADITIONAL ZULU SOCIETY2.1 I NTRODUCTI ON ..•••.••.••.••.••..••.•.••.•••..•.•.•2.2 SOURCES AND CHARACTERISTICS OF ZULU LAW ..•..••.•.2.3"· AMENDMENT OF LAWS .•••••••...•...•.•..••..•••••...2.4 THE PRINCIPAL CRIMES AND THEIR PUNISHMENT •••...••2.4.1 Crimes Against Tribal Authority ..•.•..••.•••..(a)(b)(c)Disobedience of any order given by theKing or Chief or other tribal authorityacting in his Official capacity.•.••.•...Treason·•••••••••••.•.•••••••••••••••• * ••••Entering or attempting to enter "ISIGODLO"or private apartment for the King'swomen .(d) Other crimes against the Chief or King.•.2.4.2 Crimes. Against the Person .1• 23334455556788111112121212121313131313141.16181920212122 (23231

Page2.4.3(a) So-called blood cases (AMACALA EGAZI) .••(b) Murder and/or Homicide.•.•••..••••••••••(c) Justifiable killing or homicide•••.•••••(d) Killing for medicine •.•••••.••••.•••.••.(e) The "UKUSUKULA" Custom.•.•••••••.•••.•••(r) Killing of 'J;'wins .•.••••••.••.••....••••(g) Wi thcraft ..(h) The Modus Operandi of Witches .••••••••••Sexual Crfmes ..(a) Rape ••••••••••••••••••••••••••••••••••••(b) Incest ..(c) Seduction ..(d) Adultery .••••••.••••••.•.••••••••••.•.•.Abduction .."UKUHLOBONGA" (EXTERNAL SEXUAL INTER-t~~COURSE) •••••••••••••••••••••.••••••••••••(g) Abortion ..2.4.4 Crimes Against Property ......••.••.••.•..••••(a) Theft '•••" ..(b) Stocktheft (Cattle Stealing) ..•••.•••••.(c) Encroachment Upon the Fields of Others.•2.5 JUDICATURE .••.•••..•.•.••.••.•..•..••...••.•.••.2.5.1 The Police 'S.ys.te.m ..2.5.2 The .Courts•••••••••••••••••••••••••••••••••••2.5.3 The Court Procedure•••.•.•..•.....•..••••....2.6 PRESENT-DAY ARRANGEMENT .••..•..•...•••.•.•••.•..2.7 SUMMARY .CHAPTER 3.2424252627272B3133333434353637~3B39394041424345454749THE CULTURE INflUENCES ON CRIME IN GENERAL AND INTRADITIONAL ZULU SOCIETY3.1 INTRODUCTION............ .•••... •.•• •.•• .•. •••. ... 503.2 THE MEANING OF CULTURE AND ITS SIG~IF.ICA~CE INTHE STUDY OF CRIME........................ •.••.. 503.3 CULTURE CONFLICT AND CRIME...................... 533.4 THE TRIBAL LIFE OF THE ZULUS.... •••..•.•.•.•.•.. 553.4.1 T.he Fam.ily •.•..:............ ..• •••••• ••••••••••••• 563·.4.2·

3.6(b)(c)(d)Further Offences Mentioned in the·Natal Code of Bantu Law .•••••••.•.••...The Carrying and use of sticks,assegais, etc..•.•.••.•..•.•••••••••••••.The Carrying and Use of Knives asweapons ..SUMMARY ' '00" ..CHAPTER 4.Page71727476CRIMINAL SUBCULTURES IN THE AFRICAN SOCIETY4.1 INTRODUCTION •••••••• , •.•.• , ••••••. " • •• .•. •• • • • 784.2 THE CONCEPT SUBCULTURE......................... 794.3 THE IMPORTANCE OF THE SUBCULTURE THEORY INEXPLAINING CRIME............................... 804.4 HISTORICAL DEVELOPMENT OF THE THEORY OF CRIMI-NAL SUBCULTURES................................ 814.4.1 Bernard Lander's Statistical Study of 8 464cases of Juvenile Delinquents in Baltimore..4.4.2 Studies of Criminal Subcultures by A.K.81Cohen ••••••.•••••••••.•••••'............. •.••••• 824.5 CRIMINAL SUBCULTURES IN THE AFRICAN SOCIETy.... 834.5.1 The Subculture of Violence................... 844.5.2 The Subculture of "Tsotsism"................ 914.5.3 The Subculture of "Shebeens"................ 1004.5.4 The Subculture of Witchcraft................ 1024.6 SUMMARy ..•••.••••.•..•••.•.•..•.•..•...•.•..•. , 104.,CHAPTER 5.THE PRESENT EXTENT OF CRIME5.1 INTRODUCTION~•.•••••••.•.• ,. ••.•.•.. •..•.• ••.•. 1065.2 THE CRIME STA TI STI CS. . •• • • .• . .•. • •• •• . • . •. •• • • • 1065.2.1 The Dark Figure in Crime.................... 1065.2.2 Police Statistics........................... 1075.2.3 Judicial Statistics............. •.••...••••. 1075.2.4 Prison Statistics.•..•.•••..••c...... 1085.3 THE EXTENT OF CRIME............................ 1085.3.1 South Africa........................ .•..•.•• 1085.3.2 Mtunzini.................................... \\05.4 CRIME PATTERNS AMONG THE AFRICANS.......... •••. 1145.4.1 South Africa................................ 114-5.4.2 Classification of Offences in South Africa.. 1165.4.3 Mtunzini •••.•.••.•..•..•.••.••. " • . . ... • .• . . 11'5:4.4 Analysis of the Most Important Crimes inMtunzini-. .... .. .... .. .... .. .. ...... .. .... .. .... .. .... ........ .......... .... .. .. 121(a) Drunkenness, Illegal Possession ofconcoctions and other contraventionsof Liquor Laws......................... 121(b) Contraventions of the Dagga (Cannabis)Laws.· '... 123•

Page5.5(c)(d)~~~(g)(h)SUMMARYTraffic Offences.•.••....••••••..••.•..Pass Laws, Failure To Pay Tax, CurfewRegulations and Prohibited Immigrants..Crimes of Violence..••.••..••.•..•..•.•Property Crimes (Class D) ••••••••••••••stocktheft.••••••••••••••••••••••••••••Sexual Crimes (Class B) •..•••..•.••••..•CHAPTER 6._. - - ---125125126129130130131THE AGE FACTOR IN CRIME·6.1 INTRODUCTION •.•.••.••.•••.••..••.•....•••••.•-..6.2 THE SIGNIFICANCE OF AGE .••.•.•.....•.•••.•.••.•6.3 AGE AND CRIMINAL LIABILITy ..•.....••.•..••.•••.6.4 THE SOCIO- AND PSYCHO-CRIMINOLOGICAL SIGNIFI-CANCE OF AGE ..6.5 AGE PATTERNS IN CRIME .•.••••..•••••.••.•.••.•..6.6 DISTRIBUTION OF CRIME ACCORDING TO AGE INSOUTH AFRI CA ••••.•••.••.••.••.••.••.•.•..••.•.•6.7 CRIME ACCORDIN~ TO AGE-GROUPS IN MTUNZINI ••.••.6.8 SPECIFIC CRIMES ACCORDING TO AGE ..•.•.••••••..•6.8,.1 South Africa .(a) The age-group 7-17 years..••.•..•.•••••(b) The age-group 18 to 20 years..•.••.•••.(c) The age-group 21 years and over ••..•.••6.8.2 Mtunzini 10 ..(a) The age-group 7-20 years.••.••.••.•••..(b) The age-group 21-29 years..••.•••••••.•(c) ·The age-group 30 years and over .••••••.6.9 .SUMMARY ..13313313413413613814014S14-514!i14514'­I q.~14~14'149150CHAPTER 7.SEX DIFFERENCES AND CRIME7.17.27.37.47.57.6INTRODUCTION - - ..OFFENDERS BY SEX ..•.•.••.•••...•..••.••.•.•••••POSSIBLE EXPLANATIONS OF THE DIFFERENTIAL SEXRATE IN CRI ME '" ~:..•< ..THE ,SEX DIFFERENCES IN CRIME ACCORDING TOAGE AMONG THE AFRICANS IN SOUTH AFRICA ....•..•.THE SEX DISTRIBUTION OF CRIME ACCORDING TO AGEIN MTUNZINI .••.•.••..•..•..•.••.•..•..•..••.....THE CONNECTION BETWEEN THE SEX FACTOR AND THETYPE OF CRIME COMMITTED IN MTUNZINI •••.•.••.•.•(a) Contraventions of the Liquor Laws ...••••••(b) Assault ..Traffic Offences ..Pass Laws - " "" " .. .; " "" .. " ..Failure To Pay Tax .•.•.••.•.••••..•..•..•.Theft " ..Tresspassin g "" "" .. "" ..Curfew R~gulations " " "" """ "" .. " ..Burglary .. "" " " " ..•- ~ ~~~~~(g)(h)(1)151151152154157159159160160161161161161162162

7.7(j) Dagga Laws•••••••••••.••••••••••.•••.•••••(k) Infanticide.••.••••••.•..••••..••.••••••••SUMMARY ' '.CHAPTER 8.Page163163164THE COST OF CRIME.8.1 INTRODUCTIOIli-................................... 1658.2 THE VALUE AND NATURE OF PROPETY STOLEN......... 1668.2.1 The Republic of South Africa................ 1668.2.2 Mtunzini.................................... 1698.3 THE NATURE AND VALUE OF PROPERTY LOST OR DE-·STROYED THROUGH OTHER CRIMES,VIZ., ARSON,MALICIOUS DAMAGE TO PROPERTY, FRAUD, BURGLARYAND ROBBERY IN MTUNZINI........................ 1738.3.1 Arson and Malicious Damage to Property...... 1738.3.2 Burglaries...... .••••.•••• •••••• ••••• •••••••• 1738.3'.3 Robbery........ •.•.•• .•• •.••.. ...•..•.•• ..... 1748.4 SUMMARy ••••••••.••••••••:...................... 175CHAPTER 9.THE MOST IMPORTANT FINDINGS AND RECOMMENDATIONSREGARDING THE PREVENTION OF CRIME AMONG THE AFRICANS9.1 INTRODUCTION............ •••••.••• •••• ••• ••• •••• 1769.2 THE MOST IMPORTANT FINDINGS. ••••••• •••• ••••••.• 1769.3 RECOMMENDA TT ONS WITH REGARD TO THE PREVENTT ON. OF CRIME....................................... 1''19.3.1 Acts of Parliament.......................... If/fI9.3.2 Decriminalisation........................... 1809.3.3 The Police..... ••••••••••.••.••••.•••••••••• ",9.3.4 The Reserve Police Force.................... Ig;l.9.3.5 Crime-Preventing ••••••••••• '" •••••••• ••. ••• 1!3·9.3.6 The Prisons Deparment.... •••••• •••• ••.•• •••• 183(a) Education and guidance................. 183(b) The Psychological services............. 1839.3.7 Educating the Public about the dangers ofthe Abuse of Liquor......................... 1849.3.8 Compulsory Education.......... ••••.• •••••••• 1849.3.9 Other Recommendations....................... 185q.cr SUMMAR Y. • • . • • • • . • • • • • • • • • • . • • . • • . • • • • • •• .••.•• 185SUMMARY.... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. 187OPSOMMING •••• , ••••.•••• '" •••• , ••• , •••••••• , • • • 189BIBLIOGRAPHy....... •••••• ••.••••••••. •••••••••• 191-APPENDIX A ....._... ,; .. .......... ........ .. .... ........ .. .. ...... .. .... ........ .. .. 19.8APPENDIX B..... •••••••.•••••• ••.••. ••.••.••••.• 200

LIS T 0 F T A 8 L E S.TABLE1. Crimes of Violence and the Race of the Victimin South Africa for the year ended 30 June 1972. 882. Crime in South Africa, 1969-1970 1093. Crimes Recorded by the Police in Mtunzini,S.A.P. I, 1~67-1971III4. Frequency of the Different Classes of CrimeAmont the Africans, 1963-1968. 1135. Distribution of Types of Crimes Committed inMtunzini, 1967-1971. 1196. Incidence of Dagga Offences in South Africa. 1237. Types of Weapons Used and the Method ofAssualt Used in Mtunzini, 1967-1971. 1278. Age Groups Admitted According to Race in SouthAfrican Prisons, 1 July 1972 to 30 June 1973. 1399. Age Distribution of Crimes in Mtunzini, 1967-197114110. Convictions According to Sex Among the 8a ntu inSouth Africa, 1967-1968. 14411. Age Distribution of Offenders in MtunziniAccording"To Type of Offence Committed, 1967-1971. 14612. Convictions According To Sex Among The Bantuin South Africa, 1967-1968 15513. Sex Differences in Crime in Mtunzini, 1967-1971. 15614. Value of Property Lost Through Thefts andStocktheft in Mtunzini, 1967-1971. 17015. Types of Articles and Stock Stolen in Mtunzini,1967-1971. , 172LIS T 0 F M A P S1. MAP OF NATAL2. MAP OF THE MTUNZINI DISTRICT.

CHAPTER 1.THEINVESTIGATION.1.1 THE CHOICE OF THE SUBJECT.The present investigation is a result of the followingconsiderations which are of interest to the researcher:In the first. place, not much research has been conductedon the problem of crime among the Africans in SouthAfrica. There is thus very little published materialon this subject.Furthermore, the problem of crime among the Africanshas up till now mostly been investigated by white·researchers, and in urban areas. While their effortsare highly commendable, one problem facing whiteresearchers conducting research of this nature is thatthey ha~e in·~ost. cas~stinter~r~t~d.tbeiCiimifia~itfofthe Africans in terms of their own standards. 1Proximity to the area of research (Mtunzini) is another.. ,this project.factor that has prompt~d'tbe~tnuetttg*tcrrtbouuridett~~e1.2 THE PURPOSE OF THE INVESTIGATION.The present investigation presents a scientific expositionof the crimes of the Africans in Mtunzini, escpeciallythe most important socio-economic crimes, which in anycase, constitute the largest percentage of the crimescommitted in any country. 2).Yha analysis of· the crime problem necessitates the following:Firstly an appreciation of the maqnitLide·.arid"characberof the problem.Secondly, the identification of the factors which contributeto its existence, and1) NDABANDABA, G.L: "Crime and the African", in Crime,Punishment and Correction, Volume 3, no.2, June, 1974, p.272) VENTER,~ H.J.: .Kriminologie, Croft Press Bpk., Pretoria,1966, p. 102.- ,

- 2 -Thirdly, the organization of measures for the preventionand reduction of its incidence so that the social organismmay function with a maximum efficiency. 3)The purpose of this investigation is therefore, interalia,Toanswer questions such as the following: What is the" .incidence of crime in Mtunzini?What is the actualincrease in crime ( if any)? Which "crimes ar3 increasingmost rapidly and why? Which age-groups seem to beresponsible for the increase ?These and other related questions are constantly beingasked by criminologists. Moreover, such questionsemphasize the .all-important fact that the startingpoint of any investigation, including the present one,is the scientist's problem. 4)The researcher, without being authoritative and dogmatic,also aims at indicating possible ideas regarding theprevention of crime. This is necessary in view ofthe fact that the investigation of a social phenomenonlike crime necessitates, over and above a study of itsincidence, causes, trends and consequences, the organizationof measures for the prevention of its occurence'and the reduction 0 fits incidence. 5)It is hoped that the inquiry will be a valuable aidto a better understanding of the crime situation ofthe Africans in general, and the ZUlus in Mtunzini inin particular.1.3 DELIMITATION OF THE INQUIRY.The investigation is limited to the area served by theMtunzini Police Station, which is part of the Mtunzini" ~ Magisterial District. 6)3) FREED, L.F:~~Crime in South-Africa, Juta and CompanyLtd.,• Cape Town, 1963, p.3I bid. , p.3I bid. , p.3See the map of Mtunzini, appendix A. 3/.....

The "Mtunzini Police Station wa~started to.ar~s the endof the 19th century by the Natal Police, better known. "" " 7)as the Natal"Mounted Police. After the war waged bythe British regime against the Zulus in 1879, a BantuPolice Force was created to serve Zululand, known asthe "NONGQAYI~ 8)The South "Af,rican Police took over the Mtunzini PoliceStation in 1913 when it was formed. The new policestatio~ cia used presently serves an area the size ofwhich is 546 488 hectare (211 square miles), 9) andis in riharge of the following "IZIGODI" (areas):1.3;1 CHIEF MAGEMEGEME DUBEGOBANDLOVUMANDLANKANAMPEMBENIMKOBOZA1.3.2 CHIEF MNTONGENAKUDLA MKHWANAZINIUZEZIHUZUMATOLdllJJENIMANGEZIKHANDISA"DLANGEZWA"NYEMBEPORT DUNFORDSIKHAWINI1.3.3 CHIEF NZUZAGABEKANHLABABO. 7) Information obtained from the Station-Commander,Mtunzin Police Station.8) Thi~ information was also obtained from the StationCommande~, Mtunzini Police Station.9) Information obtained from the Station-Commander,Mtunzini Police Station.4/.....

- 4 -1.3.4 CHIEF ZULUOBANJENI1.3.5 CHIEF LINDELIHLEITONDDMZINGWENYAMANJANENIMZIMELASIKHOSHE•NDLOVINIKHUMBUKUMBUOYEMENIMAKEHLEMAKOLOKOLOOBIZANAQWAYINDUKU 10)The total population 11) of the area served by the MtunziniPolice station is 54 4:;J6arid';lscoisttibuI:Eid.,as:'fml!ows:BANTUWHITES = 1 000=52,934'(97;15%)INDIANS = 486 (2,85%)COLOUREDS= 67The area under investigation is essentially a farmingarea, sugar cane being the main crop. The inhabitantsare predominantly Zulus who are employed either in theloca~ sugar cane farms, or in the local villages andtowns such as Mtunzini, Gingindlovu and Empangeni.Quite a number are employed by the University of Zululand.A few are farmers who are self-employed.The investigation covers a five~year1967 to 1971.petidd,rnarnely,'fnom10) Each of these Chiefs has his own tribal court "functioningin terms of section 12 of the BANTU ADMINISTRATIOAct,Act No.38'of 1927, as amended.. 11) The population figures in respect of the MtunziniPolice District were kindly disclosed by the Station­Commander of the Mtunzini Police Station ••5/.....

- 5-1.4 APPROACH TO THE STUDYPermission was duly obtained from the Commissioner ofthe South-African Police to peruse the police registersat the Mtunzini Police Station in order to collectrelevant material for the investigation.The data for the required period was collected by asimple process of copying the relevant particulars fromthe police ;ecords which were then duly synthesizedinto tabl~s,analysed and interpreted.1.5 RESEARCH PROCEDURESThe following research procedures were used in thisinvestigation:1.5.1 THE SOCIO-HISTORICAL METHODThe use of the historical data on the crimes of thepast among the Africans r~sts on the acceptanceof the ,fact that there is a causalconnect{onbetween the criminality of the past and the moderncriminality of the Africans. The past holds thekey to the present. 12)It is the present investigators submission that thepresent criminality of the African must be seen inthe light of its historical setting. 13)The historical method was used mostly in chapters2,3 and 4. On the basis of the information obtained,it is possible 'to determine what conditions shouldbe improved in future.1.5.2 THE COMPARATIVE METHODIn criminology, the comparative method involves relatingdata to one another. The comparative12) YOUNG, P.V. : Scientific Social Surveys and ResearchPrentice-Hall Inc., Englewood Cliffs,1961, p.140'13) NDA8ANDABA, G.L.: op.cit., p.276/. , ...

- 6 -method is also employed for reviewing the findingsof different investigators. Only through the comparisonof the results and views of the differentinvestigators in the same field, as is done in thepresent investigation, is it possible to arriveat a fuller meaning and insight into the problemof crime.Another application of the comparative method isto compare one phenomenon with the same phenomenonat a different time or place. The criminologist may,subject to certain reservations, compare crime inone country with that in another, or the criminalityof one racial group with that of another. Thus inthis investigation the ~riminality of the Africansin Mtunzini is compared with that of the entireAfrican population in the Republic of South-Africa.The incidence, nature, ca~ses and trends of crimeamong the present-day Africans are compared withthose of the olden times•. In all these comparisons,the investigator traces correspondences and differences,and offers explanations for the most significanttendenc.~es.1.5.3 THE STATISTICAL METHODThe collection of statistical material on crime isone of the most common features of criminologicalresearch. 14)The criminologi~t who uses statistical techniques'often limits himself to the most elementary of suchtechniques.Much of his work in this field consistsof drawing fairly obvious~though often useful,conclusions from the official figures.This is doneby calculating percentages from the figures presentedto make it easier for the reader to grasp the significanceof the conclusions and to follow the crime.. ... ...14) MANNHEIM, H.: Comparative Criminology, Volume 1,Routledge and Kegan Paul, London, 1965,p. 124 7/•••••

- 7 -movements over a period of time. 15)From the official statistics the researcher cando valuable work bygiven in the official volume,further elaborating the picturefor example by workingout the age and sex ratios of crime over aperiod ofyears for specific offences and thereby laying thestatistical foundations for further research. 16) The•simple correlations worked out in this way should,however,not be regarded as showing cause and effect,because statistical correlations merely serve assignposts to further research leadingto causalexplanations. 17) It is of great importance thatcriminologists should see their crime statistics inthe light of other related social phenomena. 18).The statistical method was used mostly in Chapters5,6,7 and 8.1.6 THE PRESENTATION OF THE MATERIALThe material is presented in the following manner:Chapter 2'indicates crime and punishment in the tribalZulu society which is contrasted with the present-dayconception of crime in the African communities.In Chapter 3 the theory of culture and culture-conflictand its significance in crime-causation ~illbe discussed.An,exposition of the criminal subcultures E given inChapter 4.The present extent of crime among the Africans in Mtunziniis discussed in Chapter 5 and compared with the presentextent of crime among the Africans in the Republic of.15)16)17)18)Ibid., p.Ibid.,p.Ibid., p ••1.lli., p.1241241241248/.....

- B -South Africa as awhole.To understand the problem of crime fully, it is imperativethat information be obtained concerning the ageand sex factors of criminals. The age distribu~ion ofcrime in Mtunzini is accordingly discussed in Chapter 6.In Chapter 7 sex differences in crime are handled ••Chapter B deals with the cost of crime.Finally, Chapter 9 gives a resume of the most importantfindings and recommendations with regard to the preventionof crime.1.7 REVIEW OF MATERIALThe main sources of data for this research included thefollowing:1.7.1 TEXTBOOKSA variety of books by criminologists, anthropologistsand other authorities, was consulted in order to,.collect material for this research.important books were the following:Some of the most(a) Comparative Criminology, A Textbook. Volumes 1 and 2,by H•. MANNHEIM.This book, written by a University Teacher ofmany years of experience in Criminology, is inthe words of the author, a "straightforwardcriminological Bible". 19) Volume 1 dealswith such topics as crime:.~ts meaning inrelation to law, custom and morals, methodologyof research in criminology and factors and causesrelated to crime. Volume 2 discusses factorssuch as our criminagenic society, criminal subcultures,culture-conflict and the age and sexfactors in crime.(b) CRIMES OF VIOLENCE ~y L. RADZNIOWICZRadzinowicz gives the results of a large-scale• research undertaken in England into crimes of19) Ibid., p. ix (preface)9/.....

-9 -violence. The book depicts a whole gamutof behaviour which reflects the many shadesof violence in human relationships defined asoffences by the law. No less important is a reviewof how far these crimes are reported to thepolice and how they are recorded. The relevanceof undiscovered and unreported crimes of thiskind has also been considered. The author roundsoff "by giving a survey of the sentencing practicesof the courts and the subsequent conduct of thoseconvicted of crimes. of violence.Cc) THE SUBCULTURE OF VIOLENCE by MARVIN E. WOLF GANGand FRANCO FERRACUTI.The authors begin with a classic request forscientific collaboration andintegGatibn~. Theyprovide a relatively rigid definition of criminologyand review.recent research and theoryin this field. A chapter is devoted to theproblems of defining and measuring the elusiveconcepts of subculture and values. Using theformer central concept as a basis for merging1~meof the major tenets of sociology andpsychology, they focus on the criminal displayof violence. Next, they summarize an array ofstudies and theories related to aggression andassaultive crimes, particularly homicide andnote how these references contribute to theirthesis of a subculture of violence.Cd) CULTURE CONFLICT AND CRIME by THORSTEN SELLINIn four sections, Sellin discuEses criminologyand the way of science; a sociological approachto the study of crime causation; researchprocedures and the conflict of conduct norms.The author emphasizes that the objective ofcriminology is the development of abody ofgeneral and verified principles regarding theprocess of law,crime and treatment.Sellin.further declares that one of the most importantaspects of criminology is the search for the .... '~. :lO/•• ~ ••

- 10 -causes of crime. The book closes with discussionsreferring to a number of studies thathave been made regarding the connection betweenculture conflict and crime.(e) BANTOE-JEUGMISDAAD by H.J. VENTER and G.M. RETIEF.The authors rgi'\1E ~traT:e 'the rrasll1.t rof a 1l:a:SS8l'Chprcject carried out in the Boksburg location .•The personal and social background of 200 delinquentAfrican juveniles, whoappeared in thejuvenile court during the period 1st August, 1951to 31st December,those of 2001954, were compared withAfrican school children living in thesame location. The data was gathered by .means of personal interviews with the delinquen~sand their relatives, consulting of the courtand police records as well as the case filesof the local probat~onof Social Welfare.officers of the Department(f) CULTURE AND POVERTY by C.A. VALENTINE.The most important issues discussed in this bookinclude the uses and abuses of the idea ofculture; acultural image and its nationalpolicy reflections and the international" cultureof poverty" with implications for social scienceand social policy~(g) THE SOCIAL SYSTEM OF THE ZULUS by E.J. KRIGE.The author gives an exposition of Zulu history,customs, political organiz'ation, law and justiceand illustrates how the old and the new culturesconflict.(h) THE BANTU-SPEAKING TRIBES OF SOUTH-AFRICA byI. SCHAPERA.The different articles written by anumber ofauthors include the sodal organization of theAfrican, domestic and communal life, political.institutions, law,justice, magic and medicine.11/.....

- 11 -,- .. -Other important books consulted are reflectedin the footnotes and the. bibliography.1.7.2 OFFICIAL DOCUMENTSThe following documents were consulted:. Ca) ANNUAL STATISTICAL REPORTS OF THE COMMISSIONEROF THE SOUTH-AFRICAN POLICE provided valuable. data in connection with the incidence, natureand trends of crime among the Africans.i,(b) ANNUAL STATISTICAL REPORTS OF THE COMMISSIONEROF PRISONS provided information regarding·.the cost of crime.(c) THE BANTU ADMINISTRATION ACT, ACT NO. 38 of 1927gave useful information pertaining to theadministration of justice and the preventionof.crime among the Africans.(d) THE REGISTER OF CHARGES ACCEPTED (S.A.P.I )at the. Mtunzini police Station was used mainlyto compile statistics for Chapters 5,6,7 and 8.Ca) REPORT NO. 08-01-04. STA TI STI CS OF OFFENCESAND OF PENAL INSTITUTIONS, 1967-1968.Thi.s report enabled· the researcher to 6ntai,ndata concerning the prosecutions and convictionsam·ong the Africans .in the ,Republic of South­Africa.1.7.3 SCIENTIFIC JOURNALSReports and articles in the scientific journals ofCriminology provided valuable information.Someof the most important journals consulted were thefollowing:Ca)Crime, Punishment and Correction, NICROCriminological Journal.(b)Abstracts on Criminology and Penology.

- 12 -1.7.4 UNPUBLISHED MATERIALSome very useful material was obtained from p'apersread at the symposia the investigator attendedsuch as the National Criminological Symposiumon the Prevention of Crime held at UNISA from the2Bth to the 31st August 1973.•The M.A. dissertations by E.E. POODHUN on "ParoleServices f~r Indian Offenders ", and J.L.W. DE CLERQon "Die Politieke en JudisieleOrganisasie van dieAbakwanzuza van Mtunzini," were consulted and usedprofitably.1.7.5 UNOFFICIAL DOCUMENTSIn order to keep abreast with the latest developmentsand changes affecting African opinion about crimeand criminals, the investigator had to consult popularnewspapers like the "ILANGA"and "THE WORLD".1.7.6 PERSONAL COMMUNICATIONThe investigator had to consult a number of oldand responsible and knowledgeable informants in theAfrlcan.,c;:ommunity in order to verify the data collectedfrom anthropology books.During the course of the investigation at the MtunziniPolice Station, the researcher collected a lot ofinformation concerning crime in Mtunzini •. Thi s wasdone by means of informal interviews with the police.1.8 DEFINITION OF CONCEPTSThe following concepts are used in this investigationin the context indicated hereunder:l.B .1ZULUDoke and Vilakazi 20 ) define a Zulu as a member ofthe Zulu nation.20) DOKE, C.M. and B.W. VILAKAZI: Zulu-English Dictionary.The Witwatersrand University Press; Johannesburg, 1958,•pp. 899-90013/.....

- 14 -value system which is apart from and a part of alarger or central value system. These are sharedvalues that are learned, adopted and even exhibitedby participants in the subculture and that differin quantity and quality from those of the dominantculture. The subculture is important in Criminologybecause it is used more and more both as a prioriassumption and a posteriori interpretation. 22)Because of the many criminal subcultures in the Africansociety the subculture concept is important. Fromthe point of view of the dominant culture, the valuesof the subculture set the central value system apartand prevent total integration, occasionally causingopen or covert conflicts. The'dominant culture maydirectly or indirectly promote this apartness, ofcourse, and. the degree of reciprocal integrationmay vary, but whatever the reason for the difference,normative isolation and solidarity of the subcultureresult.1.9 Factors Which Hampered The Investigation.The investigatbr,. was hampered by the following factoisin this research:There is a conspicuous lack of literature on the subjectof crime among the Africans. It was extremely difficultfor the investigator to obtain information pertainingto the history of crime among the Africans, but withperseverance this problem was overcome.Another problem was the lack of statistical material.Onaccount of the practical problems involved, theinvestigator could not use all three types of criminalstatistics in respect of Mtunzini, i.e. the policestatistics, the judicial statistics and the prison·statistics.This would have been an ideal situation.This short-coming in the present investigation is not22) Wolfgang, M.E. and F.Ferracuti: The Subculture of violence,Towards an Integrated Theory in Criminology, TavistockPublicati~ns, London, 1966, pp. 99-100..15/•••••

- 15 -a particularly serious one, because the police statisticsgive the most comprehensive view of the extent, form andprogess of crime in a specific community. The police areusually the first people to come into contact with thecrime and the criminal.Case studies had to be abandoned because of the difficultiesinvolvedin tracing the criminals whose crimesare included in the period under discussion.These problems have, however, been successfully overcome,and as such, do not detract from the significance andvalidity of the investigation.16/..•..

CHAPTER 2.CRIME AND PUNISHMENT IN TRADITIONALZULUSOCIETY2.1 INTRODUCTION.Giving an account of crime and punishment in traditionalZululand is difficult because the sources of referenceare limited. The investigator therefore had to relyon information obtained from informants whose value cannever be underestimated. Moreover, in tribal Zululandlaw was a way of life and not a subject for philossphizing,analysisAndclasaifiC8tiQn~Furthermore, historical'studies exclusively devoted tothe history of crime are far and between - let alonethose devoted.solely to the study of Zulu crime.In this chapter reference will continually be made toZulu law as Mtunzini, being in Zululand, is inhabitedmostly by the Zulus who are, inter alia, subjects ofZulu law. The understanding of the present extent ofcrime in Mtunzini entails insight into crime andpunishment,in tribal Zululand in general. This willbe done by examining the sources and characteristicsof Zulu law, the most common crimes and forms ofpunishments in traditional Zululand. Finally,.thesituation as it obtained in the olden days will becompared with the situation today.2.2 SOURCES AND CHARACTERISTICS OF ZULU LAW.The phenomenon called law is as oldZulu law is as old as Zulu society.as humanity andZulu law in its..17/••..

- 17 -traditional manifestations was not codified, but wasto a considerable extent inherent in their socialsystem. 1)The laws existed as rights and duties developed throughthe course of time out of the Zulus' efforts to adapttheir behaviour in relation to their fellowmen andto the physicpl environment they shared and exploitedwith them.For this reason the Zulus often speak of their lawsas having always existed or as having been createdby the Creator or ancestors. The foregoing shouldnot be misconstrued as meaning that no laws at allwere made by man. It serves only to emphasize theall-important fact that the greater part of Zulu lawwas derived from the authority of tradition andprecedent in social behaviour_ The Zulu courts did notpractise in creating the law, but merely recognizedit as valid.The court decisions, however, afforded a precedentfor similar declarations in future. 2) In the caseof disputes regarding the validity of the law,discussions were held among the old men, and in cert~~ncases reference was made to neighbouring chiefs. 3)1)2)3)Zulu law was codified for the first time in the ~atalCode of Bantu Law, which first appeared in IB7B andwas amended in 1932 and 196B so that the present codecam-e into force on the 1st January, - 1968. SeeProclamation No. R. 195, 1967 entitled NATAL CODEOF BANTU LAW, p. 1SCHAPERA, I.: The Bantu-Speaking Tribes of South Africa,Maskew Miller Ltd, Cape Town, 1966, p. 198Ibid., p. 19818 / .•••

- 18 -In this way Zulu law was able to grow and expandinto what may be called oral case law.There were no lawyers in the modern sense sinceevery man had to defend himself, his friends and relatives. 4 )As an adult every man could attend and participate intbe hearing of lawsuits and in this way learned inpractice the legal usages of his tribe.2.3 AMENDMENT OF LAWS.According to Schapera, 5) a direct way of amendingthe existing laws was legislation.power,The chief had theif he acted according to recognized procedure,to make new decrees. He had, however, to discusssuch projected changes with the council.whenIt was onlythe council had approved of such measures thatthe chief issued an order which,had the force of law.contain manySpecial menpast precedents.while it lasted,The traditions of the Zulusinstances of such changes in the law.in the tribe made it their duty to remember\ ,Zulu law, like all systems of law, had as its sourceor or~g~nevery fact from which positive law. originates, i.e. legislat~on and custom which hadgradually obtained the force of law.Such customarylaw consisted of certain rules of conduct which werenot written down,but developed from the views of thecommunity and were carried down from generation to generation.Zulu law was transmitteq:to the childrenwho were carefully taught bytheir parents to distinguishbetween right and wrong conduct.4)5)KIDD,D.: THE ESSENTIAL KAFFIR, A & C. 81ack, Ltd.,London W.I., 1925, p. 197SCHAPERA, I.: op.cit., p. 19819 I .....

-19 -This was done in order to make them conscious o'f '·.the.-l.aw.Although Zulu law is sometimes referred to as custom,a distinction is sometimes made between Zulu law, onthe one hand, and Zulu custom on the other hand.:6 )Bryant 7) describes the situation as follows:"The. law, not written, but wholly traditional or customary,was based upon a strong foundation of experience, equityand logic --~-~-- all its details were well-known andwell-understood by everyone."It is clear from the foregoing that Zulu law was anestablished system of immemorial rules which developedfrom the way of life and natural needs of the peoplethemselves. This was a matter of common knowledge,coupled with precedent applying to special cases.Such knowledge and precedents were retained in thememories of the chief and his counsellors, until suchtime that they were forgotten", or formed part of 'theimmemorial rules. A very important fact that made theZulu law-abiding was that of collective responsibility.B)The whole k~~al was responsible for the misdeeds anddebts of anyone of its inmates. The head of the kraalwas responsible'for the acts of his agents; womenand children were not as a rule regarded as responsible.9)'2.4 THE PRINCIPAL CRIMES AND THEIR PUNISHMENT.The Zulus of olden days, 10)forms of misconductwith other moral issuesputs the matter as follows:greatly detested crime and otherand were greatly concernedof the time> Krige 11)"It must not be imagined6) KRIGE, E.J.: The Social System of the Zulu, Shuter &Shooter, Pietermaritzburg, 1965, P7) BRYANT, A.T.:The Zulu People, As They were before thewhite Man Came, Shuter and Shooter, Pietermaritzburg,1967, p. 4598) KRIGE, E.J.: op. cit., p. 2239) I bid. • p. 22310) BRYiiNT, A.T.:op. ciL,p. 46211) KRIGE, E.J.: op. cit., p. 22)20 / ••••'.

-20 -.that, because the Zulus tolerated such tyrants as Shakaand Dingane, their sense of law and justice was .PIJ"OI'J,ydeveloped. "The crimes recognized in tribal Zululand were so universallyabhorred that the whole tribe rose up to stampthem out. The fact that the crimes were not codifiedmakes it difficult to provide an exhaustive list of.crimes. The chief crimes seem to have been witchcraft,incest and treason. 12)Seymour 13) mentions rape, while Bryant 14) mentionsincest, witchcraft, infanticide and murder by pois6n~ng.Schapera 15) referring to the Africans in general, .mentions abduction, assault, adultery, damage to property,homicide, infanticide, murder and sorcery. Referringspecifically to the Zulus, Schapera 16) then dividescrimes in tribal Zululand into three main groups: crimesagainst tribal authority, wit~~trhft .dffeMtes 'a~~.·other unnatural offences.For the sake of convenience and analysis, the crimes. foundin traditional Zululand will be discussed in this Chapter. under the following categories: crimes against tribal. authority, crimes against the person and crimes againstproperty.2.4.1 CRIMES AGAINST TRLBAL AUTHORITY.The crimes against tribal authority are those whichwere committed against the King, or Chief in hiscapacity as "Father" of the tribe.These ciimes werenot properly delimited so that they Qverlapped eachother to a great extent. Witchcraft, for instance,.which was looked upon as the most terrible crime by12) Ibid., pp. 223-22513) SEYMOUR, S.M.: Bantu Law in South Africa, Juta Cape Town,- 1970, P 1214) BRYANT, A.T.: op. cit.,pp. 5B2, 639-644, 698-73315) SCHAPERA, I.: op. cit., pp. 205-21016) l2!£., pp. 208-211•21, / ••••-.

- 21 -the Zulus, was not properly defined and delimited,so that a man who committed incest and married withinthe degrees of relationship prohibited by custom,was also called an "UMTHAKATHI " (witch or wizard)and was given capital punishment. 17)The most important crimes against tribal authoritywere:(a) DISOBEDIENCE OF ANY ORDER GIVEN BY THE KING ORCHIEF OR OTHER TRIBAL AUTHORITY ACTING IN HISOFFICIAL CAPACITY.Any citizen who disobeyed such an order wasguilty of a punishable offence. The punishmentwas usually a fine in the form of what was called»eating up»lB) i.e. the sudden seizure of someor all of his stock.This applied also to actionsconstituting what may be termed "contempt ofcourt", such as misbehaviour in court, impudenceand refusal to give evidence.In cases wherethere was actual rebellion against tribalauthority, or any conspiracy: against the King.or Chief, one of the most heinous crimes hadbeen committed in Zulu society.Such a personwas given capital punishment secretly and hisproperty was confiscated. 19) >(b)TREASON.In traditional Zulu society a person was nevertried for treason to deter~inewhether he wasguilty'or not guilty. The mere suggestion ofsuch behaviour on the part of the citizen waslooked upon as treason and was sufficient tocause the King to send an army to stamp outthe"whole::lhaiU of ",the sUfSpebtEid person. > 20)Being such aserious offence treason was atn)." 18)19)20 )KRIGE, E.J.: op. ciL, pp'. 224-225SCHAPERA, I.: op. cit., p. 211Ibid., ..p. 211KRIGE, E.J.: op. cit., p. 22422/.....

- 22 -all times visited with the maximum penaltyof the law-death. Kidd 21) regards treason assynonymous with witchcraft.These two crimeswere however different in many respects as itwill become clear in the course of this chapter.An example of how treason was punished is givenby Gardjner, 22) who describes how one of Dingane'sbrothers, together with two of his servants, ,was put to death because a year previously hehad been implicated in an intrigue againstthe King. Dingane had spared his life, buthis chief councillor had insisted on his death,declaring that the army could never go to warwhile this "UMTHAKATHI" ( criminal) was alive:The tw~ servants were clubbed to death, but theirmaster was, at his own request, strangled becausehe was of royal blood., Men were then sent t·ostamp out the ten villages that had been in thisman's charge. The inmates were butchered andthe' houses burnt and only a fewindividualsmanaged to escape by flight. The cattle ofall 'these kraals were "eaten up" and taken tothe King.Death and confistication were likewise 'punishmentsgiven to deserters and those who conveyed informationto the enemy. 23)(c) ENTERING OR ATTEMPTING TO ENTER "ISIGODlO" ORPRIVATE APARTMENT FOR THE KING'S WOMEN.This was an equally serious crime and was givencapital punishment. 24) The "isigodlo" or royalreserve consisted of a big segment cut off by a21) KI DD, D.: op. cit ., p. 35522) GARDINER, A.F.: A JOURNEY TO THE ZOOlO COUNTRY. Struik,Cape Town, 1966, pp. 44-4623)"FYNN'S EVIDENCE, 1852 Commis~ion Report, Part V, p.68 "guoted by Krige, E.J.: op. cit., p. 224.24) KRIGE, E.J.: op. cit., p. 229..23/•.•••

- 23 -high palisaded fence at the upper end'tif',thegreat kraal, to serve as the strictly privatequarters (ISIGODLO) of royalty. Anybody whoentered the "isogodlo" had to obtain the specialpermission of the King. Girls kept at the royalkraal were so feared that men, unexpectedlymeeting them outside on the highway, took goodcare to"give them a wide berth. And yet despiteall risks, these royal women did have paramours.25)On one occasion some of Shaka's young warriorswere caught making love to girls in the "isigodlo~No less than One-hundred and seventy five menand women involved in these love-aff~irs wer~.butchered in cold blood in the cattle kraal. 26)(d) OTHER CRIMES AGAINST THE CHIEF OR KING.Anytype of deviant behavior against the Chiefor the King was a capital crime. Thus, for instance,anyone partaking of the first- frui tKing was given capital punishment.before theCoughingspitting or sneezing while the King was eating

- 24 -their property., 28) Crimes committed against anyperson were the~efore regarded as having been committedagainst the King. "All blood belongs to the King,and so in the case of murder or of any bodily injury,it is the Chief who prosecutes and the Chief whogets the fine. " 29)(a) SO-CAL~ED BLOOD CASES (AMACALAEGAZI)Under this general sub-group is includedmurder, homicide, serious bodily assault andinfanticide.(b) MURDER AND/OR HOMICIDE.Murder is the unlawful, intentional causing ofthe death of a human being. 30) Culpable homi~ideis th~ neyligent, unlawful killing of a humanbeing. 31traditional Zulu law~This' distinction was not made inBecause all blood ,belongedto the King, a person who killed another, whetherwith intent or through negligence, or inadver-,.' 32)tence, stood in real danger of death. Intraditional Zululand it did not matter whetherthe ~erpetratorof murder had dolus'airectu~~..dolus indirectus. The degree of criminalresponsibility remained the same in both cases.All cases of death were reported to the Kingwho confiscated all the criminal's property and33)gave him capital punishment.or28)29 )30)31)32)33)BRYANT; A.T.: Op. cit., p. 472KRI'GE, E.J.: Op. elL, p. 228lANDSDOWN, C.W.H. & W.G. HOAL & A.V. LANDSDOWN, S.A.CRIMINAL LAW & PROCEDURE, VOL. 11, Juta and Company,Cape Town, 1957, p. 1537Ibid, p. 1557me various forms of mens rea were therefore notexactly the same as those found in the present-daylaw of the land. Today the state of mind of theperpetrator of an unlawful" act is legally blameworthy,when he wills the act in question and is aware of thefact that it is unlawful.SCHAPERA, I.: Op. eit., p. 20825/.• , •.

- 25 -A man whohad killed another had to purifY himselfas soon as possible. to take out I'iqunga~killing of others). For purifying a murderer,charms.(compulsiveconsisting of bitter roots, together withpieces of flesh from a lion, a baboon, a jackal, ahyena, an elephant, were used. These ingredientswere burnt into ashes and mixed. Some of this powder, .. '.was then swallowed while the rest was mixed withwater and used for bathing the murderer's body. 34)Any person who took the law into his own hands andkilled a homicide, except under certain recognisedcircumstances, was himself punished for the sameoffence. 35) A common modus operandus in committingmurder was poisoning. To poison their victims thetraditional Zulus took the tiger's whiskers and putit into the victim's food. The victim would thendie slowly after eating such food. 36) Still anothermethod of poisoning was to put a small piece of acrocodile's liver into the victim's food. 37)Kidd 3B~.states that it was common for murder andhomicide to be punished by means of a fine. For themurder of a man, the fine was seven herd of cattle,and in the case of a woman the fine was ten herd ofcattle, because a female's value to the tribe wasgreater. A woman gave birth to soldiers or warriors.Molema 39) is of the opinion that the punishment formurder varied according to the time which had elapsedbetween the commission of the orime and the date ofthe trial.(c) JUSTIFIABLE KILLING OR HOMICIDE.In certain exceptional cases the killing of ahuman34)35)36)37)3B)39)KRIGE, E.J:: op.cit., p. 22BSCHAPERA, I.: op.cit., p. 209KR I GE, Eo J.: 0 p •cit ., p. 323According to an old informant (about 75 years of age) thiswas a very common method of poisoning.KIDD, D..: op.cit., p. 355MOLEMA, S.M.: The Bantu, Past and Present, Struik, CapeTown, 1963, p. 34126/•••••

- 26 -being mas justified. 40) This is not surprisingsince most legal norms consist of rules to mhichthere are exceptions. Athough the killing of ahuman being is forbidden by law, there are in allsocieties instances where it i~ in fact permissibleto do so. A person may infact kill another in selfdefence,41) and in cases where a person who hascommitted ~uch crimes as treason, sedition, murder,culpable homicide, rape, robbery,fraud, forgery,etc" resists arrest and attempts to escape. 42)Such cases of justifiable homicide mere also foundin traditional Zululand. A homicide or murdererwho mas caught red-handed was himself killed.Al~oan adulterer caught in flagrante delicto ; a nocturualwizard found in one's home; a thief taken with stolencattle or found in the stock enclosure - all thesewere killed on the spot. 43)When a king died his private body guards were caught,their limbs broken up by force and their dead ordying bodies strewn into the grave in order to keepPt .the royal one company. These people were to be regardedas a "mat" on which the king was to lie. To performthis gruesome ceremony men of strong criminal reputation(ABATHAKATHI ABAKHULU) were requisitioned. Thesehardened criminals were thereafter banished todistant places and never re-admitted into society.44)40)41)42)43)44)(d) . KILLING FOR MEDICINE.Because the King had to be strong medically andmagically, he had to be fortified against his enemiesbythe strongest of medicines, i.e., parts of ahuman body. For doctoring the King in this way,BRYANT, A.T.: op.cit., p. 301Ex Parte Die Minister van Justisie: in S.V. VAN WYK,1967 (l) S.A. 488 (A)Criminal Procedure Act, No. 56 of 1955, Section 37(1)and (2)SCHAPERA, I::rip.cit., p. 210BRYANT,'A.T.: Olden Times in Zululand and Natal, LongmansGreen, Cape Town, 1929 p. 6827/••.••

- 27 -human parts such as the lips, ears, nose, eyes andthe human skull were used. The head in particular wasconsidered to:be the strength-giving part of the body.To obtain such parts, innocent people were killedand their skulls used. The top part of the skullwas neatly cut and made into a basin in which theking would wash himself before going to bed. Thisbasin he used until he died and his successor requireda new one. Other innocent victims had thereforeto be kille~ in order to procure the new basin. 45)(e) THE "UKUSUKULA" CUSTOM serves to illustrate anotherinstance of justifiable homicide.This was aClIstomof doctoring crops in order to increase the harvest.The Zulus were in this respect in line with theprimitive belief that humanflesh was the most powerfulfertilizer.this purpose, ason.For making the best medicine, forperson had to kill his first-bornParts of his flesh would be eaten with medicineswhile others were mixed with the seeds.however,Other people whowould be prepared to take suchwere not wizards, werebuy these medicines from them secretly.aOnly wizards,step.content to46)I,The "ukusukula" medicine was thought to have thepower of removing all the fertile soil from thelands of other persons and bring it to the charmedfields and was therefore a met~od of obtaining plentyat the expense of. others. In this sense'it was aform of witchcraft. 47) Bryant 48) maintains thatthe local "medical practioners" made a handsomeincome every year by supplying their clients with the"UKUSUKULA" mixture.(r)KILLING OFTWINS.Anyone or both-twins born feet first or suffering45) KRIGE, E.J.: op.eit., pp. 241·24246)lEi!!., pp. 192-19347) Ibid., p.'l9348) BRYANT, A.L: op.cit., p. 3012B/•••••

- 28 -from some defect, or was in any way a monster,could be killed justifiably. Also an albino childwas not allowed to live. Such a child was referredto as an "INKAWU", meaning monkey, and therefore metamonkey's fate, i.e. he was killed. 49)(g)WITCHCRAFTWitchcraf;t~the malicious use of magic to kill otherpeople or to inflict harm upon them or their property,was one of the crimes most dreaded by the Zulus. 50)Wizards were therefore regarded as men or womenstrong criminal reputation. Every Zulu who hasgrown up in the traditional environment knowsabout the mystical power of witchcraft which seemsto defy scientific explanations.was regarded as aofBecause witchcraftserious crime, its punishmentwas also severe. For this reason, no number of witnessescould establish the guilt or innocence of awizard, because the crime of witchcraft was believed. 51)to ~e due to the workings of unseen forces.Accusations of witchcraft were, therefore, not triedin the ordinary way, but various forms of divinationwere employed by the witchdoctor to detect the criminal.Alternatively some of the undermentioned ordealswere undergone by the persons accused or suspectedof witchcraft: 52)(a) The suspected person was made to lick a red hot iron,and if he was guilty, his tongue would burn ..,(b)~nothe~ ordeal was to cause the suspected person topick out a small pebble which had been thrown withsome charms and herbs into a pot of boiling water.49) PLANJ,R.: Zulu in Three Tenses; beinq a forecast of theZulu's future in the light of his past and his present,Davis, Pietermaritzburg, 1905, p. 1250) XRIGE, E.J.: op.cit., pp. 226-22751)_Ibi,d,:. p·~225:,: ....,.52) Ibid.• , pp. 22~-22729/•....

- 29 -The guilty person only would be scalded. 53)Having been detected; the criminal was givencapital punishment, preceded by torture. Usuallythe gUilty man was first knocked on the head, andthen killed by having sticks driven in successionup the arms till they reached the neck. His attirewas destroyed and thrown away so that it could notbe used aft~rwards. Moreover, responsibility wascollective so that it was not only the witch whowas killed but his entire family. This was donein order to ~revent the multiplication of "bad" human54) .material.Witchcraft appears to have been a very wide andcomplex crime in traditional Zululand. It was notonly the g.eneric name given to a large number ofcrimes, but was also the name of a specific crime,which would correspond in. modern times to culpablehomicide or even murder. Some of the crimes coveredby the term witchcraft included, for instance, actionssuch as: 55)(a)Anyt~. 'breach of custom, such as eating in secret themeat left over night to be enjoyed bythe ancestors.To eat such meat in secret and be discovered, wassufficient to constitute witchcraft.Cb)Women who contravened the "HLONIPHA" custom would. be likely of being"smelled" out . as being guilty ofwitchcraft. The "hlonipha" custom consisted in awomannot doing or saying certain things in thepresence of her parents-in-law.custom Vilakazi 56). '':;Referring to thisholds that the custom has areligio-medical idea of the Zulu culture, whichmeant that if awoman did not behave as requiredtowards her in-laws, she offended the gods,action was,and hertherefore, likely to bring ill-luck to53) Ibid., p. 22554) Ibid., p. 22755) Ib~d., p~ 22456) Vilakazi, A.: Zulu Transformations;hamics of social change, Universityburg, p. 26a study of the difiofNatal, Pieterma;itz­30/.....

- 30 -the family as well as to herself.The custom consisted,inter alia, of speech taboos which were practised,especially where the King or other important personswere concerned."Hlonipha" was based on the oldconception .thatto know a person"s name meant tobe able to influence him.In consenquence then itwas not only avoided to pronounce the name of atabooed per~on,but every phonetical resemblance wasalso avoided, be it to the name in toto or to a57)part thereof.A married woman would, for instance, not pronouncethe word "NDLELA" (path or way) if the father-in-law" sname was "NDLELA". She would then "Hlonipha" (respect)the word "NDLELA" and instead use the word "INYATRUKO"for "NDLELA". The "Hlonipha" rules were clearly thenformulate~ precepts of good conduct for women similarto those which Emily Post says are good for society. 58)women in European society.What cannot be doubted, however, is that witchcraftwas a crime. The important fact is that it wasessentiaLly a hidden crime, in v.ieUJ o'f 'it:s's8cTatnature. Describin~ the "A8ATHAKATHI" as hardehed.criminals Krige 59 says" th~ unthakathi is theenemy of society. He is the man or woman'who usesthe powers of the universe, which he has learnt toemploy by means of magic, for antisocial ends. The"umthakathi"uses his power for evil and against thewelfare of society; he injures' people"s health; de-. stroys life; prevents rain; occasions lightning;makes the cows become dry and is the cause of allmanner of misfortune. Once he has been discovered, heis shown no mercy, but is got rid of as speedilyas possible".58)59)D8MMAN, E.:"Bantu Thinking as reflected inlanguages" p. 10, Address delivered at theZululand on 23/3/1970VILAKAZI, A;: op.cit., p. 27KR I GE, E. J.: 0 p • cit. , p. 321'...theirUniversity of31/•• '.' •

- 31 -(h) THE MODUS OPERANDI Of WITCHES.An interesting feature of the crime of witchcraftwas the witche~s modus operandi, whichwere many and varied. Witches usually movedabout at night; called the dead out of theirgraves; opened bolted doors bymerely breathingon them; induced anaesthetic sleep by a mereglance pnsuch people as were not previouslyprotected by the witchdoctor's charms.Theygenerally amused themselves by cutting people'sbodies and taking their blood; hair and otherbelongings ~norder to bewitch them, and causesi~kness or death. 60)They caused death or evil by,using incantations,mystical power, medicines, by sending secondaryagents like flies.and other animals; bytheir euil eye; byetc.usingchanging themselves into animals,One of the worst crimes they committedwas the prevention of rain which they withheldby putting pegs dipped in medicine in the groundand tying knots.in the grass on the mountainsand then sprinkling them with medicine.In theolden days if there was no rain, the King wouldsend around messengers to look for such pegsor knots, and if they were found,the ownerof the nearest kraal would be fined or killed. 61)The witches caused lightning to strike a kraal 62)bysecuring some of the grass above the doorof one of its huts (which got soiled from thebod~es of person~ going in and out) and someashes from the common ash-heap. Lightningwas also caused byman,using the footprints of atogether with rubbish from the road leadingto his home.60) Ibid., p. 32361) "'ibid., p. 32362) Ibid., p. 324These they burnt in the veld with32/•• .- ••

- 32 -the fat and feathers of the "bird of heaven~The smoke then went up to the sky, the skybecame overcast, it began to thunder andlightning ran along the road on which thevictim had walked,h l.m.. 63)reached his home and struckMoreove~,it would appear that witchcraft wasmostly a crime of women, who were believed tobe more likely to enter into sexual relationswith the devil. Thus in Zulu society the womenwho were witches were said to be paramours ofthe "TOKOLOSHE". This impish short little manwith a long beard gives the women witches greatersexual gratification than a man. 64) TheTOKOLGSHE visits the women witches at night whenthe husband is asleep. A woman witch who hashad sexual intercours~ with the TOKOLOSHE runsthe ri sk of its wrath should she forsake it.Female witches sometimes also employed an"IMPAKA" ( a wild cat ) to bewitch womenwith whom she was not on good terms. 65)!' tEqually interesting was the creation of the socalled"UMKHOVU". "Umkho~U" 66) is a corpsethat has been dug up and brought back to lifeby a witch. First of all, the witch killed aperson by witchcraft and then he woke him upfrom the dead, a process which was effected invarious ways.One was that, the witch dug thecorpse up himself together with his friends.Another method of getting hold of the corpse was63) Ibid., p. 32464) According to informants, the TOKoLOSHE has a very longpenis. That is why TOKOLOSHE has a greater sexual appealto the woman witch than the ordinary man (or her husband).65) KRIGE,E.J.: op.cit., p. 32566) Ibid_., pp. 326-32733/•••-••-

- 33 -for the witch simply to strike upon the gravewith astick that has been doctored, and use thewords "So-and-so, g_t up"corpse rose.Thereafter, theHaving got possession of the corpse,the next step was to bring it back to life inthe form of an "UMKHOVU". The "UMKHOVU" wouldthen be sent everywhere on its master's missionsand woulp even help the wizard to exhume otherpeople. 67)There was, of course, a whole class of witchescalled "I ZI NSWELABOYA" whose work was to seizelonely travellers and kill them in order to usetheir bodies for purposes of witchcraft or toconvert them into "IMIKHOVU". 6B)Witchcraft was, of course, not a feature of theprimitive Zulus only.. The Israelites, for instance,also believed in witchcraft. Moreover, manypeople continued to be accused of witchcraftin England and Scotland up to and after thepublication of the ~uthorized version of the Bible(in tHe reign of James I, 1603-1625). In factthe belief in witchcraft was so strong thatanybody who doubted its reality would be guiltyof an offence tantanmount to heres y. 69)2.4.3 SEXUAL CRIMES: The sexual crimes mentioned by investigatorsare rape, incest, sedu~tion,adultery,abortion, abduction and other forms of sexual. . 70) SI' . . t 1 . dperves~ons. exua cr~mes were no on y v~ewein a very serious light, but were also regarded asill-omened actions.(a) RAPE: Athough rape does not appear to have constitutedaserious problem it was regarded as67) Ibid., PI' .3266B) Ibid.,p. 32169) MANNHEIM, H~i Comparative Criminology,.&'Kegan p"aul, London 1965, p. 695.70) KRIGE, E.J.: op.cit., p. 22BVol. 11,Rontledge·34/••• ~.

- 34 -a serious crime once it had been committed.It was looked upon as a crime against the King.The normal penalty for rape was a fine, partof which went to the family of the victim. Thefine was usually one to four herd of cattle. 71)There.were also instances when rape was punishable72)by death.(b)INCEST:.A man.committed incest if he marriedwithin certain degrees of relationship pronioitedby custom. Such a man was referred to as"UMTHAKATHI" 73) Zulus felt an antipathy againstmarrying their own clan.Incest was looked upon with horror by the. ZUlu~,and whenever it occured, it was attributed tothe se~uction by a witch. 74)The reactions of society to the crime of incestvaried according to the closeness of the relationshipof the parties concerned. If a manwere to commit incest with his sister, or withhis father's young wife, his own people wouldput the 'dog' to death for having disgraced them.75)If, however,the relationship was less close,the people, would be less angry and the criminalwould be banished instead of being killed.was believed that the ancestors would punish

,... 35 -The Zulus allowed action to be taken eachtime agirl was seduced.Any girl who became seduced had to answer for'her conduct not only to the mothers of thevillage. who would swear at her by the mostinsulting terms. but also to her peers, whohadalso been disgraced by her action. for this•reason she underwent an ordeal such as the .following:She would be taken to the river to beexamined whether the charge was true or not.If the charge was founded,she would bepunished by her peers. On leaving the river.the girls would go to the boy's home, where theydemanded a goat as a fine. If the goat ~as notgiven ~o them. the girls would seize it.slaughter it and smear the "UMSWANE"on theirbodies, in order to pu~ify or cleanse themselves. 7B)It was only after this ordeal that the parentswould bring their charge against the boy. Theamount of damages recouerable for seduction wasoften'standardized, e.g. among the Zulus it wasone herd of cattle. the so-called "INGQUTU" beastwhich was payable to the mother in respect ofthe hyman of the girl. In other cases an "IMVIMBA"or ~IMVALA" beast was paid to the father. 79)If however thedamages he hadthe "labola".seducer married the girl. the•paid were considered as part of(d) ADULTERY: Adultery was considered a very seriouscrime. Adultery' is, however, no lon)er a crimeaccording tp the law of the land. BD In Bantulaw.(including Zulu Law) adultery is still a crimein terms-of the Natal Code of Bantu Law. Bl)7B) Ibia.• pp. l57-l5B79) .lliid_, P.15BBD) Green v. Fitzgeraldand Others. 1914 A.D. BB81) The Natal Code of Bantu Law. Vol.25. section 162 (1)(d). The Government Printer. Pretoria, 1967.36/•••••

A man who- 36 -suspected his wife of committing adultery,partook of a certain medicine called "UMSIZO",obtained from a mysterious power of conveyingdisease to the adulterer upon subsequent intercourse.The disease was also called "UMSIZO".If adultery was followed by pregnancy, the adulterinechild belonged to the husband of the wife whocommitted adultery and not to the child's naturalfather. 82)Adultery: !;Jya.;,illl.ariied';warnan c.:di:d, ,not "auto.mati:c.al}yentitle the husband to divorce his wife, unlessshe was an habitual offender. 83) The husbandcould, however, recover damages from the wife"slover. The amount of damages was filie,:herd ofcattle ,if the womanbecame pregnant, and threeherd of cattle if she did not. Divorce, however,as we know it, today, Qy judicial decree was unknownto the Zulu. A man could simply drive thewife away if there was sufficient cause, e.g.witchcraft, or insurbordination. 84)(e)ABDUCt'r'ON.Landsdown 85)defines abduction as the removalof an unmarried person from the custody of his/herparents, or other persons having control over himor her without their consent, with the objectof marrying or having sexual intercourse withhim or her. There were actions , in traditionalZululand conforming to th'e above definition.The custom of "UKU8ALEKA" is one example.this case the girl ran away to her sweetheart,an action which forced her parents to enter intomarriage negotiations. There was another variation 86)of the "UKUBALEKA" known as UKUTHWALAIn(to barry).82)83)84).85)86)KRIGE, E.J.:.op.cit., p. 157SCHAPERA, I.: op.cit., p. 205BRYANT, A.I.: op.cH., p. 601LANDSOOWN, C.W.H. & W.G. HOALpp. 1635-1636KRIGE, E,J.: op.cit., p. 126& A,V. LANDSDOWN: op.cit.,37/. '••••

- Yf -This custom involved the taking of an unmarriedgirl by force and by surprise to the suitor'shome where she would be made to put on theclothes and insignia of aThe flUKUTHWALA"newly married wife.custom was usually connivedat by the girl's parents, and for this reasonit was actually aform of marriage by capture.It was not uncommon at certain times for a"THWALA""bride to run away to a man of her choice. 87)0,r-i,Although the "UKUTHWALA" custom looked criminalon the surface, it does not seem to have beenan actionable wrong. There was in fact noliability forrthe abduction, apart from the marriagepayments. If however, there was no marriagetaking.place, special damages could be c~aimedespecially if the girl had been seduced. 88)Abduction, then)as a preliminary for marriagewas known as the "UKUTHWALA"custom and itoften took place with the connivance of the girl'sfather."UKUTHWALA" was also resorted to if agirl £ejected her lover who was determined tomaiy her. The boy with a number of his sibmatesarranged to carry off the girl secretly to theboy's kraal. 89)Theabd~ction of a married woman was ahorse ofa different colour. As a rule such a crime was

- 38 -under puberty to indulge in sexual intercourse.After puberty, however, the girls were strictlycontrolled by those older than they were. 91)In addition Zulu mothers used regu larly toexamine their daughters pudenda by way ofsupervision against defloration.Havingpremarital sexual relations was therefore acrimeunless it conformed with the following procedure .•92)After a period of about three months, any young,man who had been accepted by a girl, couldgo to the "AMAQHIKIZA" or older girls and askfor permission tci have external sexual intercourseor "HLOBONGA" with his lover. Such permissionwas seldom refused, for the custom, thoughtechinacally unlawful, was nevertheless connivedat by the older girls and the parents. Regarded,then, in such a way, "Ukuhlobonga" was universallypractised among the Zulus without any qualms. 93)o f conSC1-ence.The"ukuhlobonga" custom was during the reignof Ce~Uhwayo degraded by "SIGCWELEGCWELE",head of the ema NGADINIclan, when he countenanced"ukuhlobonga" within'his ownbetween full brothers and sisters.clan, evenSince thattime promiscuous intercourse became commoncert a1-n " f am1- " I" 1-es. 94)in(g)ABORTION.Miscarriages (UKUPUPUMA ISISU) were rather frequentamong the Zulus. The artificial p~ocurance ofabortion was, however, rare. Yet it did occur95)especially with the royal girls in the "isigodlo".In the case of miscarriages the Zulus used many91) KRIGE, EoJ.: op.cit., pp. l05·-1n692) Ibid., P. 10693) BRYANT., A.T.: op.cit., p. 56B94) Ibid., p. 56995) Ibid., p. 62939/•.• -••

- 39 -preventatives generally called "UMSEKELo" or"UMATHUNGA" (Cyrtanthus obliquus) or "UMKHUHLU"(Strychnos) and several other plants, many ofthem apparently possessing tonic properties.For procuring abortions, "UHLUNGUHLUNGU"(VERNONIA CoRYMBoSA) was their usual stand-by.96)2.4.4 CRIMES AGAINST PROPERTY.Because of ,the fluid and uncertain nature of theZulu conception of property in traditional times,it is impracticable to deal fully with the importantgroup of crimes against property. The Zulu landsystemwas communal. There were no privately ownedestates. The whole country belonged to the clan. 97)In trueZul~thought all land belonged to the King:or Chief as the representative of the nation as awhole. 9B) All that his s~bject had was the rightto use the land allotted to them by the King.Property crimes 99) were,inter alia, the following:(a)THEFT~Theft appears to have been both a crime (publicwrong) and a delict (civil wrong). Theft wasrarely committed. Thieves were classified intomanifest and non-manifest thieves. The formerwere criminals who were caught in the act ofstealing and were usually punished by death.The latter were those who were not caught redhanded.They w~re, as a rulE, expected torestore the stolen property or ~ts value. 100)An interesting feature was the method in whicha person suspected of stealing garden producewas detected. When theft of crops was suspected,part of the corn or maize was taken from the96) Ibid., p. 62997) Ibid., p. 46798) KRIGE., ~.J.: op.elt., p. 17699) 5CHAPERA, I.: op.cit., p_ 207100) Ibid., p. 20740/ •••••

- 40 -field and put into a "THEKWANE'S" nest (thenest of a Hamerkop), which was then burnt.This would cause the house or receptacle inwhich the suspect was at that momentto burnalso. This served as a clue as to the identityof the criminal. 101)"Stealing by force in retaliation," was notregarded as a crime. 102) It is not clear,however, what Kidd means when he says " -----­but property so taken must be restored orcompensation given". If any man, by stealing,could promote the interest of his King, and histribe, or if his stealing crippled his KiMg'senemies, his crime was condoned. Such an act,in fadt, won him public approval and universalapplause. In this sense, then, theft waslooked upon as an advantage to the King.•Theft was, however, viewed in a very serious lightif it prejudiced the King or the tribe.is the reason whyGCUGCW~,the notorious Zulu thief,Thishad to die by means of torture afterstealing King Shaka's cattle. 103)(b) STOCKTHEFT (CATTLE-STEALING)Stocktheft was one of the most important of theproperty crimes and was severly punished.Shaka, for instance, punished stocktheft with104) .death. In stocktheft th~ spoor laws, bywhich any kraal, to or near which the spoor ofthe stolen cattle were traced, was held to be101) According to old informants this method of crimedetectionwas always successful.102) KIDD, D.: op.cit., p. 357103) GCUGCWA was killed by torture as follows: The cattlehehad.stolen were herded into the kraal, and at thegate, Gcugcwa was tied to the gate posts so that helay across the gate. There was no other obstructionat the gate save him. The herdboys went into the kraaland drove the cattle towards the gate. Although thecattle ~esitated at first, they eventually rushed throughthe gate over his prostrate body and cut him to pieces asthey did so. See Nyewbezi, C.L.: Zulu Proverbs, Wits.·University Press, Johannesburg, 1963, p. 80104) KRIGE. E.J.: oo.eit.. n_ ??9 4l/~ •• _~.

- 41 -responsible for the theft unless it couldtrace the spoor further. 105)Many law suits also arose out of the "UKUSISA"custom. "Sisa" means a custom whereby cattleor other live stock are deposited bytheir ownerwith some other person on the understandingthat su~hperson shall enjoy the use of them,but that the ownership shall remain with andincrease accrue to the depositor. 106) Theperson to whom the cattle had been "sisa"ed"had to give afull account of the increase anddecrease of the cattle. Where he failed to do_s~, his action would amount to theft. 107)"Sisa" was usually practised by rich men,whowould place one or more of their cattle in thekeeping of another.The herdsmen of such "sisa"cattle were entitled to use their milk-and couldalso use the meat whenThey were not, however,the animal died (INGCUBA~empowered to sell orslaughter the "sisa" cattle. If the cattle,.' crops, entitledthe owner to compensation. The usual procedurel05) Ibid., p. 229106) Section 1 (1) of the Natal Code of107) KRIGE, E.3.: op. cit., p. 229lOB) SCHAPERA,I.: op. cit., pp. 154-155109) I~id., pp. 206-207..Bantu law42/••••

- 42 -was for the parties to inspect the damagetogether and settle the matter between themselves.If they did not agree, the matter was taken tocourt. Messengers would then be sent to assessthe damage and compensation given. 110)Damage to other forms of property entitled theowner ts restitution. In the case of arsonor other forms of damage to property,compensation often greatly exceeded the valueof the damaged property. Ill)At present the Natal Code 112) provides thatthe destruction of crops by cattle or otherstock will found an action for damages againstthe o~neror person having the custody and controlof such stock, unless such damage has been causedby the contributory negligence of the owner ofthe crops.2.5 JUDICATURE.Onthe whole the tribal Zulus led extremely well-orderedlives. All ~~lations between the people were regulatedby strict rules, which, whengenerally accepted,became law. Ordinary disputes were settled by the headof the kraal. If, however, the parties were not satisfied,the matter was taken to the district head,"INDUNA" and finally to the King.however,called theThere was nothing,to prevent the complaints from going directlyto ~he King in the first instance. It was not the duty,of the district heads to report cases to the King,113)but to try cases._ The King had legislative and judicial power.The peoplewere, however, ruled by custom and usage and very littlelegislation took place. Questions as to what the law)!lO) Ibid. , p. 207Ill) Ibid., p. 207112)-!N~a~t~a~1~~C~o~d~e~o~f~B~a~n~t~u~L~a~w~,section 134, p. 26113) SCHAPER~, I.: op.cit., p. 8443/•••••

- 43 -was were usually settled by discussion among the oldmen, and, if serious, by the King himself assisted byhis counsellors. The King could, therefore, make nonewlaws without the consent of his counsellors whorepresented the people.The laws were usually proclaimedevery year after the Feast of the First Fruits. 114)Another limitat,ion to the King '5 pOllier llias that no personcould be killed except for some offence.It was aneasy matter, however,for the Zulu Kings to fabricat~an of~ence if they wished to get rid of a subject. Onbeing found guilty such a subject would be killed togetherwith his family and his cattle confiscated by the King. 115). It is clear from the foregoing that over and above allpersons reigned law and authority. The law, not written,but wholly traditional, was based upon a strongfoundation of experience, equity and logic. Its mainprinciples allowed a large margin of elasticity ~nddiscretion in its administration to meet the reasonabledemands of every occasion. The law adequately satisfiedall the simple needs of the community and was so simplethat all its.·details were well understood by everyone. 116 )2.5.1 THE POLICE SYSTEM.Before discussing the courts and criminal procedure,the question whether there was any police system intraditional Zululand needs attention. There was noorganized police force in the form of disciplinedprofessional corps of guardians of the law and societyl17)~s it exists today. As a result~verybody in thetribe was a 'policeman', and was bou~d to report tohis superiors any crime he saw being committed. Ifhe failed to dohimself. 118)so, he incurred the responsibility- It was furthermore, customary to find in aristocratic114) KRI~E, E.J.: op.cit., pp. 218-219115) Ibid., p. 219116) BRYANThA.T.: op.cit., p. 459117) Ibid., pp. 474-475118) KRIGE, E.J.: op.cit., p. 223 44/ •• ~ .

- 44 -kraals the so-called "IZIMVALI",look after the entrances.their huts next to the gates.found in royal kraals an"UMVAKASHI" or night watchmanwhose duty was toThese gate-keepers hadIn addition werewhose duty was to guard the kraal againstintruders generally bent on criminal purposes. 119)The most feared type of criminal, the witch, who.usually made surreptitious nocturual visits wasprevented from entering kraals, inter alia, by usingthe bulbous root of a certain plant. This root,usually stuck at the entrance, had the power ofmaking the witches forget their criminal ends.This precaution was used in addition to the above. 120)The King was well looked after.crosswise before the doorway,Inside his hut,lay at night hisvalet, called in Zulu his "INSILA" (DIRT). Hisduty was, within the hut,the royal nasal and throat discharges.to receive upon his bodyDuring theday, he dressed the King's hair, bathed his body andadorned it with its finery. The so-called "ISISINDABISO"( ANUS W~PER ) accompanied the King to stool. Hisduty was further to keep.a good look-out againstprying witches and to hide away from them the royalexcret a, a muc h-va1ued acqulsl ..t· 10n f or eVl . 1 maglc. . 121)At times the regiments acted as the state's police,i.e. they slew convicted and suspected persons,and confiscated their property in the King's name. 122)123'Of the police, Bryant ) says that the King hadcompanies of warriors at his disposal to deal withrefractory individuals or to execute criminals andconfiscate their property; and all the localheadmen had official messengers for bringing119) Ibid., pp, 42-43.120) IDid., p. 43 .121) BRYANT,A.T.: op.cit., pp. 230-231122) SCHAPERA, I.: op.cit., pp. 85, 194-195123) BRYANT"A.T. op.cit., pp. 462-46345/••••.

-45 -offenders to their courts. This was the Zulu policeand it adequately served its purpose. There werethus no regularly perambulating policemen, for thereason that the laws to be broken were so few.2.5.2 THE COURTS.Apart from the King's or Chief's criminal courts,there were other bodies which settled or helpedto settle disputes, viz., the family councills andthe Chief's local courts, also known as district"indunas" courts or country courts. These courtshad authority to adjudicate upon all matters of apurely local nature. Within their own jurisdiction,they could inflict even the extreme penalty ofcapital punishment. 124)2.5.3 THE COURT PROCEDURE.The court procedure in criminal trials allowed anyadult to take part in the proceedings. 125) Th~Zulu courtcprocedure showed clearly itsarbitrational nature. Law suits were begun invarious ways according to the nature of the case,but the more general procedure was for the injuredparty to inform all his relatives and neighbours,whothen went armed with sticks to the accused'skraal. A law party conformed to a certain

- qb -which is not strong enough to be nice. There wasno penalty for false evidence. Witnesses were neverput under oath. Obviously, then, the judgementgiven at the end of the case was based upon the opinionof those present. 127)Zulu law in the main, took cognizance only of offencesactually perpetrated. The amount of damage actuallyinflicted was also taken into account in determiningthe punishment. A thief stealing two herd of cattlewas, for instance, not as severely punished as onestealing four herd of cattle. The character ofthe accused played a part in the attitude the courtadopted towards him. If the offender readily admittedhis crime, he was usually dealt with more lenientlyand sometimes even excused. Similarly an habitualoffender wis always more severely punishsd than afirst-offender. 128)The relative status of the offender was anotherfactor that was taken into consideration. So alsoforeigners whocommitted crimes were on the whole,more harshly judged than members of the tribe. 129)r· ~.,The sentence, where it involved corporal or capitalpunishment, was carried out immediately afterbeing pronounced. Fines were also paid out in th~same way. Should any man delay unreasonably inpaying the fine, messengers would be sent to seizethe cattle at his kraal. 130)Special mention should finally be made of theprinciple of collective responsibility which played~o larged a part in Zulu law. This did notusually apply to cases where corporal or capitalpunishment was imposed. Collective responsibility127)128)129)130)Ibid _, p. 230SCRAPERA, I.: op.cit., pp. 215-216KRIGE, E.J·.: op.cit., p. 231SCHAPERA, I.: op.cit., p. 27147/.. .-.

- 47 -however applied in cases of witchcraft where notonly the accused was punished, but his whole family. 131)The hut of the Chief councillor was a sanctuary and·any criminal was safe when he fled to it. Hecould be fined, but was not given capital punishmentonce he had reached that haven. 132)The main motives of punishment were retaliation anddeterrence, although rehabilitation of the offender,was not entirely cut out. After the reason forthe crime had been discovered, the judge then sawto it that, over and above punishment, proper friendlyrelations (UKUTHELELANA AMANZI) were restored. 133)2.6 PRESENt-DAY ARRANGEMENT.The present-day position differs considerably from thatwhich obtained in traditional Zululand. Courts of BantuCommissioners have been constituted in defined areas. to hear all cases between Bantu. Bantu Commissioners'Courts ·have concurrent jurisdiction with magistrates 'Courts inres5ect of certain offences committed by theAfricans.13 1131)132)133)134)135)Secti6n 18 (1) of the Bantu Administration Act, No.3Bof 1927, makes provision for an appeal court known asth e8antLi Appeal Court, While sectio·n 19 of the sameAct, makes provision for Bantu assessors both incourts and in the courts of 8antu Commissioners.appealTheBantuAdministration Act also preserves the powers ofthe Chiefs, Headmenand Chiefs'deput~es to try certainoffences. 135). The procedure at any trial conductedby a Chief or headman in terms of section 20 of Ar.t 38Ibid., p. 219BRYANT.,A.T.: op.ciL, p. 442KRIGE, E.J.: op.cit., p. 59~ection 9 of the 8antu Administration Act, No. 38~f 1927, makes provision for this arrangement.Section 20 of this Act confers upon Chiefs jurisdictionto try arid punish any offence under common or 8antulaw other , than those referred to in the 3rd Schedule.. 48/••' ••

- 48 -of 1927, shall be in accordance with Bantu law andcustom, subject to any other provision. Section 20of the said act also provides that in the exercise ofhis jurisdiction, the Chief or headman, may not inflictany punishment involving death, mutilation, imprisonmentor a fine In excess of forty rands or two herd ofcattle (large stock) or ten herd of small stock orcorporalpunish~ent, save in the case of unmarriedmales below~heapparent ages of thirty years.IF thi~ court fails to recover from a person any fineimposed upon him, such a person may be arrested bythe court messengers, and must within forty-eighthours after his arrest be brought before the BantuAffairs Commissioner in whose area of jurisdiction thetrial took place. 136)Regarding the present-day arrangement, Junod 137) holdsthat the chief's power is very rapidly detereorating,being weakened by the fact that an offender feelsinstinctively that the character of the Chief is nomore what it used to be, because the last word remains'with the WhIte "judge", i.e. the Bantu Aff.irs Commissioner.Vilakazi 138) says that Chiefs are nowadays "servantsof the Native Affairs Department and express gbvernmentsentiment rather than the wishes of the people".Moreover, they know that they hold power by virtue ofthe grace of the department of Bantu Administrationand Development.The basis of Zulu society which was loyalty to the Kingor Chief is; therefore, threatened. For the unsophisticatedZulus, the authority of the Chief is still the- very foundation of his idea of justice. But then the136)137)138)other important aspects of the administration of justiceare given in Chapter 16 of the Natal Code of Bantu Law,p. 30 et ~ seq. 'iJunod, H.P.:Bantu Heritage" Hortors, Johannesburg, 193B,p. 98Vilakaz~, A.: op.ciL, p. 10649/••.•

- 4~ -number of unsophisticated Zulus is decreasing and thesituation arising in the urban townships is underminingthe respect of the Zulus for authority. The manychanges in Zulu society have led to a tremendous increasein lawlessness 139) among thQ Zulus, a people who usedto be most loyal to the Chief and generally law-abiding.Contact with the White man's law and its institutions,has made the ZJlu society emerge from a relativelystable and inte grated society, where norms functionedmore or less uniformly, into a complex society facedwith many conflicts.2.7 SUMMARY.The foregoing analysis of the Zulu concept of crime andpunishment in traditional times makes it clear thatthe list of specific crimes was not a particularly longone. This could be on account of the fact that themost serious crime, witchcraft, was a 'blanket'term which included many other crimes, such as arson,culpable homicide, etc.Punishmenffi w~re not equal to the crimes as seen fromsome of the severe penalties administered for pettycrimes, if committed against the King or Chief.The chief's decision was final which is not alwaysthe case nowadays. Responsibility was collective.Because there were no prisons, punishment usually tookthe form of restitution, banishment or death.Court fees were unknown,but today they are paid to'the "INDUNA" and also to the Chief. There are manyother differences between the Zulu court of today andthat of the olden days, for even though the old Zuluprocedure has been preserved to ahave, of necessity, been manyare all dealt with bylarge extent, therechanges, and serious crimesWhite magistrates according toSouth African criminal law and procedure. Indeed, theZulus look upon the present courts of Zulu Chiefs as"White Men's institutions" ••139) SCHAPERA, I.: op.cit., pp. 359-3B7 50/•.••

CHAPTER 3THECULTURE INFLUENCES ON CRIME IN GENERALAND IN TRADITIONAL ZULU SOCIETY ..3.1 INTRODUCTION: Studies of the cultural background ofa people are very important in the understanding oftheir. criminalty. This is because a society canbe understood only against the background of itspeculiar cultu~e.The present chapter, therefore,focusses attention on the cultural factors in thecausation of crime in general and among the Africansin particular. The cultural explanation of crime is,however, not the only valid or even necessarily themost important approach. Explanations of crime interms of culture, although important, cannot, therefore,tell the whole story, since every individual makeshis own selection from what his culture offers him,accepting certain aspects and rejecting others. 1)The fact remains, however, that cultural factors doexert a very real influence, probably greater than isrealized, in the causation of crime. The verydefinition of criminality is culturally determined,varying from'one period of history to another, bothin the nature of legal codes and in ~e manner inwhich such codes are interpreted. 2)Cognizant of these factors, the investigator will alsopoint out the significance of subcultures in thetribal system of the Zulus and ho~ these have influencedthe criminality of the present, times.3.2 THE MEANING OF CULTURE AND ITS SIGNIFICANCE IN THE'STUDY OF CRIME.An anlysis of the concept culture is indispensableif we are to appreciate the role of cultural 'factorsin the causation of crime.1)2)GIBBENS, T.C.N. and AHRENFELDT, R.H.: CULTURAL FACTORSIN DELINQUENCY, TAVISTOCK PUBLICATIONS, J.B. LIPPINCoTTCO., Montreal, 1966, p. 166Ibid., P.. 16651/.•••

- 51 -The concept of culture as used in the human sciencesarose from a great human confrontation. 3) It wasone of the principal intellectual outgrowths of theworld-wide meeting between the expansionist West andthe non-western peoples. From this experience the westderived "a growing need to find order in its increasingknowledge of immensely varied human lifeways. 4)Three aspects. 5 ) of the culture concept combineto make it a great idea in the analysis of socialproblems, including crime:(a) All men have cultures, and this helps define theircommon humanity.(b) All cultures show coherence and structure.(c) Each culture is a collective product of human effort,feeling and thought.Culture, therefore, means the entire way of lifefollowed by a people. 6)Culture consists of the rules which generate andguide behaviour-rules that one must learn to behave;...~in ways that are recognizable, predictable andunderstandable to others.material and the non-material aspects.Culture is divided into theIt wouldappear that the Africans have adopted mostly the materialaspects of the White man's culture. 7)Philosophers,cultural anthropologists and sociologistshave defined culture mostly in gene~al terms. Inrecent years, special attention has been paid to thedeleterious effects of an inferior type of masscultureand the so-called criminal subcultures. 8)3) VALENTINE, C.A.: Culture and Poverty,of Chicago Press, Chicago, 1968, p. 14) Ib.id., p.2.5)····Ib:id., p. 26) Ib'id., p.27) VENTER, H.J.:8)The UniversityKRIMINOLOGIE, Croft Pers Bpk., Pretoria,i966, p. 107NELS ANDERSON: THE HOBO, The University of "Chicago Press,CHICAGO, l.923, pp. 3-3952/••••

- 52 -The interdependence between the culture of a societyand its crime has been the principal tenet of thesociological school of criminology eor:manycy~ars~.. Ali,adyin 1835 Adolph Quetelet had coined the famous phrasethat·" ---- soci ety contains in itself the germs ofall future crimes". 9)Fifty years later, Lacassagne, on the occasion of thefirst International Anthropological Congress in Romein 1885 expressed himself as follows: " ------ Thesocial m' ., ... is the culture-medi n of criminality,the microbe is the criminal element which has noimportance until the day wh8n it finds the culturewhich sets it mUltiplying ~_---~---- Societies havethe criminals they deserve. " 10)Taft's contention that the cultural roots of crimehaVe been somewhat neglected cannot be accepted,without further ado. 11)The historians of culture have indeed taken thecriminological aspects of their subject more or lessin their stride. Right through it has been apparentthat crime is rightly regarded as one of the manifoldways in which the culture'of an" age and a nationexpresses itself. It is thus the task of historicalcriminology to compare, inter alia, 'the criminologicalphysiognomy of different cultural periods and to showhow the atmosphere and the conditions of the timeinfluence its criminality, thereby. making it clear thatthe criminality of any age is also 'dependent on itshistorical setting. 12)In using the cultursconcept to interpret crime, itis possible to show that through culture mencollecti-9)10)11)12)BONGER, W.A.: INTRODUCTIONBOHN, HAARLEM, 1951, p. 78IBid., p. 78TAFT, D.: CRIMINOLOGY, TheMANNHEIM: H.:& Kegan Paul,TO CRIMINOLOGY, DE ERVEN,McMillan Co., New York, 1947,p. 18.COMPARATIVE CRIMINOLOGY, Vol. 2, RontledgeLondon, 1965, pp. 421-42353/••••

- 53 -vely adapt themselves to environmental conditions'and historical circumstances. 13)Contemporary African culture includes manifoldadaptions both to the African tribal origins andto the White influence. All these aspects ofexternal reality have been conceptualized by Africanminds, dealt.with through changing and developingindigenous lifeways and thus have importantly conditionedthe growth of African culture, which is experiencinga lot of changes that make it not well integrated. 14)Change creates problems of adjustment which sometimesexpress themselves in violations of the law. 15)3.3 CULTURE-CONFLICT AND CRIME.The term culture-conflict and its criminologicalimplications cover a much wider field than theproblems arising, for instance, from such factors asthe physical migration of the tribal African into theWhite man's city. Unfortunately, however, the studyof culture-conflict has not yet been, clearly formulatedin criminology, so that the phenomena whichthe concept denotes are viewed differently by variousinvestigators. It is sometimes regarded as a cultUralgrowth process,i.B., the growth of civilization; theresult of migration of conduct norms from one culturalarea to another and sometimes even as the clash ofcultural codes. 16)Some eminent criminologists who have studied theconnection between culture-conflicts and crime areSutherland, Taft, Reckless, Sellin'and Young.Sutherland, 17) contemplating the tra,sformation13)14)15)16)17)VELENTINE, C.A.: op.cit., p. 5SCHAPERA, I.: The Bantu-Speaking Tribes of SouthAfrica, An Ethnographical Survey, MaskewMiller Ltd' r1966, pp. 357-3B7TAFT,D.: op.cit., p. 23Sutherland, E.H.: Principles of Criminology, J.B. LippincottCompany, Chicago, 1947, pp. 51-52IbLd., pp. 51-52.. 54/•.••

54,Iof the American culture fromcafamilistic and cooperativeone to an individualistic and competitiveone, sees in this process the explanation of crime.The failure of a person to follow a prescribed patternof behaviour is due to the inconsistency and lack ofharmony in the influences which direct the individual.The conflict of cultures is the fundamental principlein the explanation of crime, and the more the culturalpatterns conflict, the more unpredictable is the behaviourof the individual.Reckless 18) maintains that crime can qe explainedonly as'different orders of behaviour: He suggestswhat he calls social vulnerabilities of the individualcategoric risks for official.action. The former arethe weaknesses of the individual when confronted witha situation which may precipitate criminal behaviour.Categoric risks are persons who are most likely toengage in crime, become arrested or admitted into prison.In 1938 Sellin 19) summarized the main studies of therelation between culture-conflicts and crime. Inaddition t~ the theoretical considerations, he pointedout projects for research in this field which if pursuedwould undoubtedly arid gDeat;ty'.adtiL:tlo::ttn'l1l.:dgmllldgii"(jf theinfluences exerted by culture-conflicts on human conduct.Statistical studies of such conflicts have, however,not yielded significant returns, but the more intensivestudies of racial and nationality groups have revealedthe importance of culture-conflicts. 20) It is herethat the conflicts of conduct norms are extensive and18)19)20 )Reckless, W.C.: The Crime Problem, McGraw Hill BookCompany, New York, 1940 pp. 25-54SELLIN, T.: Culture Conflict and Crime, Social ScienceResearch Council, New York, 1938, pp. 57-116Ibid., pp. 55-6755/•••..

- 55 -individual attitudes and patterns of behaviour.Hence cultural conflicts have both social and personal21)aspects.22)Finally Roucek , referring to the U.S.A., contendsthat immigration contributes directly or indirectlyto crime by creating disorganization and conflict.The cultural marginality, i.e. the position in betweentwo cultural worlds in which the immigrants findthemselves,~unless counteracted bysuch factorsas a good home, a go6d neighbourhood, etc, is boundto produce conflicts.Confusion as to the values andstandards is then almost inevitable, and one of thesymptoms of such a state of affai~s is crime.From the foregoing it becomes clear that some researchhas been conducted into the relation between cultureconflictand crime. An examination of some of theseresearches affords the present investigator theopportunity to make an assessment of the effect ofculture-conflicts on the criminality of the Zulus also.To do this successfully, it is necessary first to" l'analyze Zulu tribal life, and then to trace thechanges, conflicts, etc., that have resulted fromcontact with other cultures, especially the,white man'sculture.3.~ THE TRIBAL LIFE OF THE ZULUS.Certain aspects of the tribal lif~ of the Zulus havebeen 'discussed in Chapter 2, crime and punishment intraditional Zulu society.Any consideration of the criminality of the Zulus, likethat of any other society, can be understood only againstthe background of its own peculiar culture. To getinsight into the factors which lay bare the criminogenic21) I6id., pp. 96-11622) ROUCEK, J.S.: Sociology of Crime, Greenwood Press,New York, 1969, pp. 138-15956/•...

- 56 -significance of the present-day Zulu culture, it isfitting to analyzethe social life of the traditionalZulus, compare it with that of modern times and to tracethose factors or situations which create conflicts.This is necessary because a study of the presentcriminality of the Zulus is essentially a study insocial change.The ideas of kinship 23) played an important role intribal Zulu society, and they ramified throughalmost every aspect of their culture.These bondsof, kinship were very extensive and served to bringtogether and knit into agroup, people who inEuropean society would not be regarded as related atall. 24)3.4.1 THE FAMILY: The family was the centre of all relations.The next ring of the family after the basicunit of father, mother and the children, includedaunts and uncles, first cousins and grandparents.Then came the great grandparents, etc. The Zulufamily in tribal times could then be conceived ofas a pyramid built of relatives. 25)The Zulu child grew up surrounded by a host of relativesextending beyond the narrow limits of hisimmediate family circle.To his maternal relativesthe child was freer than towards his paternal'relatives.Towards the mother the child's attitudewas less constrained than towards the father towhom~hethe child showed obedience2mixed with awe.husband-wife relationship was based on officialand not on consanguineal ties.People recognizedthis and the possible disruptive factors in it. 26)23) KRIGE, E.J.: Social System of the Zulus, Shu ter andShooter~ Pietermaritzburg, 1950, p.2324)- Ibid ~, , p.2325) HHLa-., p. 2426) Itlifd!., pp. 24... 28·. 57/•••

- 57 -The main emphasis in the parent-child relationshipwas therefore on strict obedience.The friendlyrelationship of easy cameraderie and confidencebetween parent and child- an ideal of behaviouraccording to modern teachings - was -not a featureof the tribal Zulus. 27)Generally, ~herefore,family life was characterizedby completeness, homogeneity, security and culturalconformity. The whole family setting is differentnowadays. Despite changes, however, the tribal systemstill survives relatively in tact in some rural areas. 28 )3.4.2 THE SIB: In addition to the family there was in .traditional times the so-called sib. The Zulu sib(ISIBONGO)was patrilineal, claiming descent froma common ancestor. Every sib was known by itspraise-name and a sib-seRg (IHUBO). The sibsong,given more or less the same respect as anational anthem in modern times, was sung only onsolemn occasions such as the death of a..member of the sib. 29)respected3.4.3 THE SIGNIFICANCE OF AGE IN TRADITIONAL TIMES.Right through, age was an important factor indetermining conduct in traditional times.The fact'that a person was a baby or a child or an adult,determined what his sociological habitat was.was in fact aAgebasis of social organization, sinceregiments, though military in nature and function,were based on age and were thus nothing other than30)age-sets.Because of its significance in the social systemof the Zulus and its influence on the criminalbehaviour of the modern Zulus the "UKUBUTHWA"27) Ulict.,28) Ibid.,29) llIiid.,30) Ibid.,p.24pp.23-38pp. 34-35pp.262-264,58/..•.

- 58 -custom is worth analyzing.3.4.4THE ftUKUBUTHWA" CUSTOM.Like most Zulu customs this custom is gradually'giving way before the disintegrating force brought,about by contact with the White man's law.Thecustom was carried out in the following manner:after puberty, i.e., after the initiatto.n ..'cecemolJY,•a young man was incorporated as a full member ofthe tribeand grouped up with others of the sameage-group into a regiment. Such military regimentswere formed in the royal kraal.The formalitiesinvolved, inter alia, the strengthening of the menso as to instil into them the courage and strengthreqUired of every member of the King's army. Thetrainees were trained in the use of shields and31)assegais.,Violence was rife. During their stay at the King'skraal, the~ were ill-treated and whipped at thepleasure of their superiors. All instructions had.to be obeyed promptly and to the letter. Anyviolation of the regulations was followed bypunishment on the whole regiment. The young menwere also made to fight one another "(UKUQHATHWA)~There was very great rivalry, so that those incharge had to use sticks to keep them from scuffling. 32 )Once they had gone through the ceremony,men would be free to court girls, although athe young. great deal of their time was sp~nt in fighting forthe King. Obviously nowadays a per~it is neededbefore aregimentation.Chief cansummon·:tQg~ther yaung .. men.·forstating that there have been aKrige 33) illustrates this bynumber of cases inNatal where Chiefs have been prosecuted for31) 1Bia.,pp. 37, 106 and 10732) 15ia., p. 10833) SEIT1N. L: op.cit., p. 6559/•• ,.

- 59 -"strengthening" the army by observing some of thecustoms such as those discussed above. She goeson to say that shortly after the Great War, i.e.,after the formation of the "INQABAYEMBUBE" ( aregiment), Mkhasibe Biyela, the Chief of the Biyelasub~tribe, gathered his men for a sacrifice andordered a bull to be strangled by the troops.tor this fole'was charged before the Bantu AffairsCommissioner at Melmoth and found guilty of anoffence. He was in Sellin's 34) words, " a publicenemy of the White man's law, although he had actedin accordance with the accepted custom in his culture".3.4.5THE COURTING OF GIRLS IN THE TRADITIONAL TIMES.,Falling in love was an extremely formalistic affairwhich did not only involve the two parties concerned,but the entire neighbourhood. Before any girl couldfall in love, she had to be officially declared oldenough to fall in love. The age-group to which shebelonged was then allocated to a particular regiment.This was known as the "JUTSHWA" custom. 35)"1Because of the seriousness attached to love-making,every young manaimed at achieving the distinctionof being an "ISOKA" (-CASANOVA or DON JUAN ). 36)Before a girl accepted a young man for a lover, shehad to obtain permission from the older girls(AMAQHIKIZAn), and a special c~remony was observed.Socjally,' the girl who accepted a young man for a"lover boosted his ego and gave him status.Beinga CASANOVA gave the young men social and psycho-1oglca. 1pOlse.' 37)It is clear, therefore, that the love-making ceremonywas an effective form of social control.From the34)35)36)37)SELLIN, T.: op.cit., p. 65Ibid'; ~ :- •.',3B ",.'.. ... . "-- P" ......Vilakazi,.;A.: Zulu,.Transformations, Theof Natal,Press, Durban, 1962, pp. 49-50~., p. 50University60/.•:.

- 60 -point of view of ~he woman, the falling in loveceremony was ~mportant in that it established aneffective method of controlling the activities ofthe girl concerned.The process of falling in love nowadays is totallydifferent from that described above. It has becomea purely \ndividual affair, involving only theboy and the girl concerned. Owing· to the strictlyindividualistic approach and the opprobious natureof the whole affair in modern times, falling inlove is kept secret so that the parents, theteachers and other people in loco parentis maynot know about it. This state of affairs has giventhe whole ceremony an undignified place in the community.In fact the whole affair has become so simple thatit is quite common for a young man or even a middleagedman, to propose love to a girl by simply offeringher some intoxicant. It is equally common for agirl to challenge a man into making love to herby requ~sting him to buy some drinks for her.Schapera 40 ) confirms this when he says "courtshipunder urban conditions consists largely in goingtogether to cinemas, dances, beer drinks, and inpaying visits".Moreover, the introduction into the Zulu pressof the so-called love columms has further simplifiedtheprocess.41)3.4.6THE USE OF LIQOUR IN TRADITIONAL ZULU SOCIETY.Equally interesting is the use to which liquor wasput in the traditional Zulu society. Beer, a3B) Jbid., pp. 49-5039) Ibid., pp. 49-5040) Schapera, 1.; op.cit., p. 421.41) See "ILANGA", a famous Zulu newspaper, columms entitled"INHLIZIYO YAMI IBUHLUNGU",(MY HEART IS PAINFUL). Inthese cotumms are found letters from lonely people-menand woman from all parts of South Africa.61/•••

- 61 -highly nourishing food had an important place inthe diet of the Zulus of old. Owing to governmentregulations and the influence of missionaries, itis no longer drunk to the same extent as formerlyand tends to be looked upon less as food andmore as an intoxicant..Beer was made with mielies or ~illetcalled "UPHOCO"or "UJIBA". The beer had to be drunk within a dayor two lest it became sour. For this reason qUitea large quantity had to be taken before it becameintoxicating. 42)Apart from its economic value as a food, beer wasof great social importance. No ceremony was completeunless there was beer.social value of beer was its use as aeffecting reconciliation.family or village had had afrienship was re-established byA good illustration of themeans ofWhen two members of aserious quarrel,the ceremony knownas "UKUTHELELANA AMANZI" (To pour water for eachother). 43)•• tBeer was brewed,and on the appointed day the menof the village and others living nearby, gatheredat aspot outside the kraal, usually the-"IBANDLA~­The disputants wore an"ILALA" palm round their necks.A special mixture of medicine called "UMGAMU",andashes from ash-heaps behind the huts of the villagehad been prepared and in this the disputants weremade to wash their hands. 44) ,Thereafter, each party gave a furl account of thethings that had made him angry. After that thedisputants simultaneously threw their palm-leavesbehind them, signifying that their dispute wasa thing of the past. Special care was taken not42) Krige, E.J.: op.cit., p. 5843) Ibid., pp. 58-5944) Ibid., ~. 5962/..•..

63/...- 62 -to look in the direction in which the leaves hadbeen thrown. The men of the "IBANDLA" then thankedthem for mending their quarrel. The beer that hadbeen prepared was then served and the two people'who have been reconciled sat together on one matand drank beer from the same pot, thus showing thatthey had been reconciled. On an occasion like this,others who had entertained ill-feelings towards eachother "took the opportunity to set matters right. 45)The uses of liquor in modern times are entirely'different from the situation discussed above aswill become clear in the discussion of the shebeensubculture.•The foregoing is only a ,orief.:account ,of,; ,the socialsystem of the Zulus in the traditional times.Onlythose aspects of the social system which have someconnection with culture-conflict and crime have beentouched upon.It is necessarY,therefore, to discussat this stage the criminological implicationsof the conflicts brought about bythe white man's culture.the contact with3.5 THE CRIMINOLOGICAL IMPLICATIONS OF THE CULTURE-CONFLICTSAMONG THE AFRICANS.The implications of the culture-conflict for the Africanshave been stressed by earlier fact-finding commissions. 46)Thus the committe appointed in 1942 to investigate theposition of crime among the Africans in the Witwatersrandand Pretoria areas 47 ) noted,that the causes of crime,in the locations are rooted in adverse social andeconomic conditions, and expressed an inadequate homelife, inadequate educational opportunities and inadequaterecreational facilities.45)46)47)Ibid., pp. 59-60Freed, L.F.: Crime in SouthCape Town, 1963, p. 129Ibid., p. 129Africa, Juta and Company Ltd,

- 63 -The report goes on to say that the urbanization ofthe African, folloming in the make of industrialization,has brought in its train a disregard on hispart of tribal standards, lams and customs. Economicpressures projected by the flood-tide of industrializationhave brought about that thousands of Africanslive under conditions mhich are lacking in any moralstandards..Co-habitation, mithoutanyform of marriage,is the manner or life adopted by many African. Thishas produced ~n envir6nment in mhich the propagationof· a criminal environment mas inevitable. 48)The report of the "Native Affairs Commission of1939-1940" commented ~nsimilar vein regarding crimeapropos the rising incidence of crime in the Africanlocations: "An undisciplined, immoral, lawlesscommunity is fast being created, which will becomeincreasingly difficult to control with the years." 49)Prof.G.M. Retief 50)referring to urban African crime,holds that crime seen as social phenomenon,shouldalways be viemed in relation to culture-conflicts;conflicts betmeen European and African culture, and" conflicts betmeen traditional and urban culture- seenas the process of detribilization and urbanization.Thi sin:turn -rsdLed- 'upc'wibh ttbe~;iuhQle :qu8stion of .lLalueconflicts and the disruption of the machinery for internalsocial control.This means that the old sanctionswhich guided the African's life in the tribal communityare gone.Referring to the urban African, Schaperathe situation by51)summarizessaying that broken homes and illegitimacyhave become the order of the day. Marriages areunstable. When marriage is dissolved, the childrenusually remain mith the mother or remove to anem homemith her. Sooner or later, a n8m father sets in. Regardfor chastity,48)49)50)51 )Ibid., pp. 131-132Ibid., p:" .132Venter, H.J. and G.M. Retief: Bantoe-Jeugmisdaad,Handeldrukkery Bpk, Elsiesrivier, 1960, p. 217Schapera, I.: op.cit., pp. 429-434Nasionale64/•..••

- 64 _.condemnation of extra-marital relations, and above all,of pre-marital child-bearing still form part of themoral code of the African, but it has become lip service.This looseness in marital ties and the prevalence ofillegitimacy serves to demonstrate the gap existingbetween the morality to which the society aspires andthe actual practice. The reciprocities entailed bykinship bonds have been shirked because they areincompatible with the emphasis on individualism, whichis a secularized version of the Christian teaching ofindividual moral responsibility. 52)Such a state of affairs has resulted in the isolationof the African family in the broad communal sense, whichLUNDEN 53) describes by saying that " ----thedetribilization of the people of Africa has brokenlong-standing controls, leaving little to maintain socialsolidarity." GIBBENS 54) puts the matter as follows:"In parts of Africa the break-up of the traditionalpatriarchal family due to rapid cultural change maymean loss of respect for authority. Such rapid rangeusualli.~eans some degree of conflict, whether itoccurs as the result of actual contact throughmigration, or as a revolution in folkways due totechnological development". All these situationsapply also to the present-day Zulus.3.5.1 The Zulus and the White man's Law.The main theme of this chapter is that culturalconflicts may arise, inter alia, when the laws ofone cultural group are introduced into anotherterritory or are extended to cover the territory ofanother. 55) When the Zulus got into contact withthe white man'sculture, .. they';.did·;riot only:

- 65 -(but not his drinking pattern), but the5i!-'~J!sobecame subject to the White man's law. Thisbrought about conflicts as has always been the casewhen -legal norms are impo-sea - on a group previouslyignorant of them. 56)5ellin 57) discussing this conflict quotes MAUNIERas having said the following about the diffusionof Fre"nch law into Algeria: " ---- In introducingthe Code P~nal in our colonies, as we do, we transforminto offences the ancient usages of theinhabitants which their customs permitted or imposed.Thus, among the KHABYLE5 of Algeria, the killingof adulterous wives is ritual murder committed bythe father or brother of the wife and not qy' herhusband, as elsewhere. The woman having been soldby her family to her husband's family, the honourof her relatives is soiled by her infidelity. Herfather or ,brother has the right and duty to killher in order to cleanse by her blood the honour ofher relatives. Murder in revenge is also a duty,from family to family, in case of murder of or even."in case of insults to arelative: the vendetta,called REKBAin Khabyhan, is imposed by the law ofhonour. But these are crimes in French law.!"WhenSoviet law was extended to Siberia, similareffects were observed. 58)The above illustrate clearly the tragic aspect ofthe conflict of cultures as.,reflected in theconflict of lega~ norms. The conflict of legalnorms turns that which was a duty into a crime. 59)Manysuch situations abound in the history ofthe crimes of the modern Africans in general and56) Ibid., p. 6457) IbId., pp. 64-6558) Ibid., p. 6659) IbId., ~. 64-6566/ "

- 66 -the modern Zulus in particUlar as the ensuingparagraphs will further indicate.It is clear, therefore, that culture-conflicts areinevitable when the norms of one cultural or subculturalarea migrate to or come into contact withthose of another. It is also interesting to notethat most of the specific researchRs .. on~6~ltureconf~i~tand crime in America have been concernedwith this aspect of conflict. 60)Culture-conflicts can, however, be a factor in thecausation of crime only if the individual feels theconflicts or acts as if they were there. 61)The most important fact to remernber is that thereexists no modern culture which has developed withouta large:amount of borrowing from other cultures. 62)Cultural conflicts are the natural outyrowth ofprocesses of social differentiation 63whichproduce an infinity of social groupings, eachwith its own definitions of life situations, its,~ ,own ignorance or understanding of the social values64)of other groups.The transformation of a culture from a homogenousand integrated one to a heterogeneous and disintegratedone is accompanied by an increase of conflictsituations. The present-day Africans, includingthe Zulus, are faced with ·m~ny such conflicts.Referring to the urban Africans as a whole, Baincontends that as a social group, they have De en65)60) Ibid., p. 6361) Ibid., p. 6362) Ibid •. ,. p. 6263) Ibid.,· pp. 58-6264) Ibid., p. 5865) Bain, G.C.B.: Crime- the American Neqro and the UrbanNative in South Africa, The Carnegie Corporation VisitorsGrants, 'Pretoria, 1938, p. 49.67/••

- 67 -dissatisfied with the white man's law and that thisfact'has rendered them dissatisfied with their presentsituation and anxious over their future. Bain furthermentions that if the premise that the urban Africansare immigrants in the white man's city is accepted,then like all immigrants, they suffer fromdifferential treatment in the process of law administration.Whatever the reason, the African i~ therefore,more likely to be suspected, arrested and convicted.Membership in an immigrant group to paraphrase 5ellin,66means artificially raised crime rates, especiallywhen the social distance between that group and theruling grbup is great.Discussing the conflict of laws among the Zulus inmoderntimes, Plant 67) holds that the Zulu hasfrom time immemorial been distinctly amenable to law,always law-abiding.But the law to which he was usedwas simply the expression of the will of the King.The King used his authority for the general good,but if in that general good, a man's personal interests.,were overlooked, there was nothing he could do, exceptto say "5ENGIFILE" ( I am dead).Plant 68) further states that it is evident nowadaysthat the Zulus have to obey a law which they neitherunderstand nor appreciate. The 'civilized'law, ashe calls it, has only served to reduce the statusof the kraal-headto the same 1evel as that of hiswives and children. He may no longer thrash hiswives and children at will, because of the fear ofbeing charged for assault by the white man's law.A further conflict presented by this 'civilized'law is that it is enforced by a code of punishment66)67)68)Sellin, T.: op.eiL, pp.Plant, R.: Zulu in Three1905, p. 62.Ibid., p,.. 6570-78Tenses. Davis, Pietermaritzburg,68/....

- 68 -that to the Zulu appears confusing because it is atvariance with the old Zulu idea of punishment.Plant 69)summarizes the whole conflict situationas follows: --------- '~herelaw calculated to call forth his respect.is nothing about civilizedBut stillfurther bewildering to the Zulu mind, side by side,and mixed up with this European law, there is aof Nati~e law, many things of which are grosslycodeinconsistent with the spirit of the law he is calledupon to obey. If Native laul' he could understand andappreciate, though it be sometimes very irksome.~ivilized'law he neither understood nor appreciatel,but accepted as the ipse dixitof the AMAKHOSIhisrulers. But a combination of the two isathousand times worse than either of the othersseparately could be, making a tan91ed skein that heregards as impossible to unravel.him to have as ~anyA law that permitswives as he likes, and yet forbidshim managing these wives in the only waylong experiencehas taught him to be possible; that enrols him asthe subject of some officially recognized chief,and metaphorically at least, to snap fingers in his1· ,face; that calls upon him to be loyal to the Kingand country, and yet when that country is invaded byan enemy,insists on his sitting still and doingnothing in its defence, such a law is to him, ifnot vanity, certainly avexation of spirit; the resultbeing the abandonment of.any honest effort to complywith all the intricate details of such acontradictorytangle, and.a callous indifference to any results.,that may accrue to himself for such noncompliance. 11'Civilized'law is confusing in its administration.That a man whose gUilt is distinctly proved by theevidence produced should escape scot-free throughsome technical quibble is regarded by some traditionalistsas both unjust and unreasonable. This makes69) Ibid., p. 66-- ,69/ ••

-69--him feel convinced that under this la~ a man's casein court is decided very much more by the lengthof his pocket than by the justice of his cause. 70)The general effect produced bythis 'civilized'lawis far from healthy, its tendency being to induceaspirit of duplicity, to lead the Zulu not to carevery much for the character of an action, but to•be-law~abiding just so far as it is expedient,and srithat as far as the character is concerned,the formative influence of 'civilized' law cannotbe regarded as anything but distracting and harmful.71)Phillips 72)describes the conflict situation bystating that the African society was composed ofinvisible as well as visible members,i.e., theliving arid.the ancestors, who, although dead, stillcared for the tribe's welfare.This gave solidarityto Bantu law. From this background, the Africanenters industrial areas and modern ~ivingseverelyhandicapped. Not only are there new laws, new crimes,a strange hurried court procedure and ubiquitouslaw-enforcement officers - the police, but alsothe motive power behind the machinery of justiceIis different. He enters a new penal element - theinflicting of punishment. To the African all thisis puzzling, strange and inexplicaple.Schapera 73)analyzBs the conflict by saying thatthe government officials represent a new system ofadministration, taxation in money, new laws andpenalties for their breach, and new courts and methodsof procedure.The government officials, furthermore,refusedto tolerate ritual homicides,thepunishment of sorcerers and similar practices held70) Ibid., p. 6771) Ibid., p. 6872) Phillips, H.: The Bantu in the City, A Study of CultureAdjustments in the Wits, the Lcrveda1e Press, Cape, 1936,p. 17473) Schaper~, I.: op.cit., p. 35870/ • : .

- 70 -to be repugnant to principles of natural justice andmorality.Bantu law itself has been gradually transformed.Throughout South Africa the greater part of Bantucriminal law has been replaced by South Africancriminal law. Throughout Sbuth Africa the Africanshave been subjected to new laws of many kinds. Sometheysha~e with the whites, e.g. the provisions ofthe criminal law, while others provide especiallyfor the administration of the African. These include,inter alia, the regulations such as that everyAfrican male over the age of eighteen failing to paythe annual poll tax or to produce a tax receipt isguilty .of a crimina'l offence. 74).3.5.2 ATTAINING MAJORITY.One obvious conflict is brought about by the Europeanconception of 'coming of age' or attaining majority. 75)The idea of a child(s becoming emancipated fromparental control at a certain time, is somethinginconceivable in the tribal situation. No matterhow o~~the son, the father was the determining voicein arranging for his affairs. Even after marriagethe son was expected to consult his father or hisheir in all matters of any importance. Unmarriedpeople were all regarded as minors, even if they hadpassed through the initiation ceremonies. They wereunder the particular control of their own parents,especially of the father. If they were still" minorson the death of their father, one of the paternaluncles or some other close relative took his placeas their guardian. The parents, therefore, generallysee their power over their children weakened by thelaw of the white men. 76)74) Ibid., pp. 374-37577) Under the Natal Code, aattaining the age of 21Zulu male becomes aor on his marriage.76) Schapera, 1..: op.cit., pp. 189 and 191major onSee section 27(1)71/•••

- 71 -3.5.3WflMEN IN BANTU LAW were under perpetual tutelage.A woman when she married passed from· the legal controlof her parents into that of her husband. Althoughin traditional Zulu society in Natal and Kwa-Zuluwomen are still deemed to be perpertual minors inlaw, the tendency nowadays is to find many womenleading an independent life. Moreover, the lawallows,any unmarried African female, widow or divorcedwoman who is the owner of immovable property or isof good character, etc., to be emanci)ated'bY orderof the Bantu Affairs Commissioner. 77 .3.5.4OFTENCE5,~CREATED BY CONTACT WITH THE WHITE MAN'S LAW.(a) HUNTING: This was a very popular passtime inthe traditional times. Hunting was organizedon a national level. It required the co-operationof a number of villages, and when a royalhunt was proclaimed, almost the whole nationwould take part. In local hunting, however,it was usually the most important men in theneighbourhood who proclaimed the hunt. Whenhunt was over, the party would gather roundthe master of the ceremonies, where they danced,and related their adventures to the Chief.Thereafter, they would return to their homes,~hechanting a song. Contact with the white man'slaw did not only bring an end to this age-oldand highly esteemed practice, but also madeit a punishable offence. 78)(b) FURTHER OFFENCES MENTIONED IN THE NATAL toDEOF BANTU LAW. 79}The offences mentioned in the code are worthanalyzing in order to illustrate the conflict.It must be emphasized from the onset that77) The Natal Code of Bantu Law, Vol. 25, section 28 (l) and (2)78) Krige; E.J.: op.cit.; pp. 203-20879) See the Natal Code of Bantu Law, Chapter 16, entitled"Offenc~s and General Penalty", i.e. pp. 155-17272/....

- 72 -although some offences mentioned in the codeconflict with traditional Bantu law and custom,·the code was first and foremost, written inorder to preserve Bantu law and custom. Chapter13, for instance,recog8Dzas medicine men andherbalists in Zulu society. Medicine men andherbalists were important people in traditionalZulu society. They were not only a link betweenth~ ancestors and their descendants, but werealso protectors of the weak. 80)The herbalists are even more important nowadays.The difference, however, is that the law requiresthem to be li~ensed before they can practiseas herbalists. If they practise without a licence,they are liable to prosecution. 81)Needless to say, no licence was required in thetraditional times before one could practiseas a herbalist". The conflict in the minds ofthose who areccharged for practising withouta..licence as herbalists is obvious. Herbalistsare in most cases either illiterate or semi-literate, and are inclined, therefore, not tounderstand the ratio of this law and in theirconfusion, may overlook that this law is aimedat protecting society against those "criminals"who go about deceiving people that they areherbalists. Many people have been victims ofherbalists who are hot properly qualified. 82)(c) THE CARRYING AND USE OF STICKS, ASSEGAIS, etc.Section 161 (1) of the Natal Code of 8antu Law80) Krige, E.J.: op.cit., pp. 297-335.81) Sections 119 and 120 of the Natal Code of 8antu Lawstipulates that herbalists and medicine men must applyfor a licence to the Bantu Affairs Commissioner.82) According to informants around Gingindlovu in theMtunzini District, there are many such people who loiteraround the Station Platform. The present investigatorhas also had occasion to meet such people ••./73/•••

- 73 -provides, inter alia, that "any person notbeing a member of the police, or otherwiseauthorized thereto, who carries assegais, axes,knobkerries, or other dangerous weapons to anyfeast, dance or other gathering, shall beguilty of an offence,and in addition to any otherpunishment to which he may be liable, the weaponscarried by him shall be confiscated. "83)And then section 169 (1) reads: " Any Bantu whocarriers an assegai, swordstick (INTSHUMENTSHU)battle axe, stickshod with iron, staff or walkingstick (UBHDKD)or any other dangerous weapon,shall unless, he is engaged upon some pUblicduty or is aauthorized in writing by aBantu Affairs Commissionerso to do,member of the police or has beenor is engaged in hunting orin bona fide night travelling outside an urbanarea, or in the case of a(UBHOKO),staff or walking stickis an aged or infirm' person whobona fide uses such staff or stick to supporthim when walking, shall be quilty of an offenceand upon conviction, in addition to any otherI ~penalty to which he may be liable, the weaponor weapons may be confisticated by the court." B4)There is obviously a conflict among the traditionalistsregarding the modern concept ofdangerous weapons.If the above provisions ofthe code are compared with the provisions ofZulu law and custom, it is found that the stickwas the Zulu's natural weapon of defence, carriedby every boy and man. A man was always proudto have his own"ISAGILA" or rough knobkerrie,with head consisting of the root of atree orjoint of a branch: This "ISAGILA" he used for83) The Natal Code of Bantu Law, section 161 (1), p. 3D84) Ibid., p. 31•74/•.

- 74 -hurling birds and small game.A man would nevergo about without a stick of some kind. The"UMZACA" was used for self-defence, while the85)"ISISHUNGO" or "ICOPO" was used at display dances.In the large industrial areas, however,some of these traditionalists gowherefor employment;they are debarred from carrying sticks,; and yetthe "tsotsis" whotheir"pockets.molest them carry knives inThis situation is so seriousthat in Soweto the inhabitants as representedbyS.M. MANTHATHA have recently written a letterto the Deputy Minister of 8antu Administrationand Development, Mr. Punt Janson; in which theyapply for permission to be allowed to carry sticksin order to defend themselves against the inroadsof "tsotsis". The following is part of theletter: 86) " ons doel is om ons tebeskerm teenkwaaddoenerige jeugdiges en ompolisie te help.Ons kan dit nie doen as onsnie die nodige wapens het nie. "dieThe petitionwent on to say that knives must only be soldto people who are licensed to do so •..(d) THE CARRYING AND USE OF KNIVES AS WEAPONS.The result of the prohibition to carry a~dsticks, has made the knife ausevery popular secretweapon used by the Africans in modern times. 87)The use of the knife as a weapon, both for attackand defence, has become such aeven females,serious problem thatjuveniles and even some educatedAfricans arm themselves wi~h knives. 88)8S) Krige, E.J.: op.cit., pp. 400-40386) Mokoena, 5.:"Witman se straf te pap", crime, Punishmentand Correction, Volume 3 No. 2, June, 1974, p. 4487)-Ibid., p. 4488) The investigator has come across a handful of ed4catedAfricans iOthe locations who resort to a knife whenfighting.~irls and women usually hide their knives in their breastsor under their sleeves of their jersiesor dresses, whileboys and men usually keep them in their pockets.75/ •• -..•

- 75 -The idea of aconcealed weapon such as;the knife,is probably the result of the influence of thewhite man's culture, i.e., arevolver put in aholster or handbag, and, of course, the imprac~ticability of going about armed with astick.The idea of stabbing is, however, a culturaltrait of the Zulus.stabb~ng(UBHOKO)In the traditional timesby means of an assegai or sworpstickwas an accepted method of fighting.It is likely then that whenit became impracticableto use the swordstick or assegai forstabbing, the idea of stabbing was transferredto the knife. 89)Gibbens 90) discusses a similar conflict in thecase of the Mexicans when he says "Special problemsarise when two different cultures, each withits own standards of acceptability in behaviour,come into contact. Sometimes the results withregard to criminal acts are clear and even predictable,as when Mexicans are arrested forcarrying weapons in New York" •.'It has not been possible in this chapter tomention all the actions which were not regardedas crimes in the traditional days. A few ofthese include e.g., collecting firewood froma forest or plantation, referred to as "UKUTHEZA".This was the special province of the women , andgirls. Collecting firewood did not requireany permit. Moreover, womeh could collect firewoodfrom any plantation or forest. The positionis different nowadays. Before one can go and89) (a) See footnote 57 in chapter 4, for an explanationof the use of the knife. This refers to the use of"NTSHUMETSHU" under the "tsotsi" sub~culture.(b) It is common knowledge that Zulu warriors used assega1swhen fighting against their enemies, while two youngmen engaged in a bout of stick-fighting would usea swordstick for stabbing.90) Gibbens, T.e.N.: bp.cit., p. 169•76/•••••

- 76 -collect firewood, one needs the special permissionof the chief or ~ome other official. Gibbens 91)once more illustrates this clearly when he saysculture-contact results in crime as for instancewhen Hungarian immigrants steal coal from therailroad in oetr,oit :hecalTse ·:they: had :"been -:allowedto take wood from the nearby forest in theirhomeland. Among the Africans today it is quitecommon'to find prosecutions for collecting firewoodwithout a licence. This contravention issometimes also referred to as tresspassing aswill become clear in chapter 5: The presentextent of crime.3.6 SUMMARY.Obviously then the conflict of cultures is the fundamentalprinciple in the explanation oL.crime. The morethe cultural patterns confl~ct, the more unpredictableis the behaviour of the individuals belonging to thatgroup.In this chapter an exposition of the meaning of cultureconflict;a~d the analysis of the role of culture-conflictin the causation of' crime have been given. The importanceof culture-conflict as it explains the criminality ofthe Africans in general and the Zulus in particular hasbeen analyzed. This involved the discussion of the socialsystem of the Zulus before their contact with the whiteman's culture, and particularly the white man's law.Right through this chapter the existence of a normconflict within the personalities of the Zulus; withintheir CUltural groups and between the norms of the whiteand the norms of the Zulus has been emphasized as acontributory factor in the causation of crime. It hasbecome evident that the conflict occurs between legalnorms which are different in the groups, i.e. the Whitesand the Zulus, as well as the traditional system of livingand the modern way of life. The importance of historical\II~,I ,I'!:1 ,I,91) Ibid., ~. 16977/.....

- 77 -studies has tfierefoce:been:amphasiiedin theunaerstandingof the present criminality of the Zulus.historical studies it has been shownwhich occur whenThrough suchthat the conflictsthe legal norms of one group are extendedover areas formerly ignorant of them,violations of the norms byarea.they inducepersons living in the subjectedThe problems connected with the study of cultureconflictsin the causation of crime have also been mentionedThese are, inter alia, that studies of the influenceof culture-conflicts in crime-causation have ordinarilyto be made long after the moment whenthe extensionof jurisdiction took place. Nevertheless, the presentchapter has emphasized beyond all reasonable doubt thatalot of clarity can be brought about in the study ofthe impact of the white man"s law onthe Zulus if'moreresearch could be conducted on the factor of cultureconflictand crime.In conclusion, the presentinvestigator wishes to stress that since so fewstudies have been made in this direction among theAfricans in general and the Zulus in particular, moreattention should be given byfuture researchers toculture-conflict as an explanatory concept of the crimesof the South ,. African Bantu, in view of the fact thatall the indixes of disorganization both social andindividual abound in modern African society.-,78/•.•

CHAPTER 4CRIMINAL SUBCULTURES IN THE AFRICAN SOCIETY.4.1 Introduction: The general discussion of subcult~res"at the "TOPEKA Conference" presupposed a familiaritywith the main lines of development in social theoryin relation to delinquency and crime. 1) Thesecannot be described here in detail, but it mayhelpful to give a.brief outline of the main developments •Many of these theories have originated in the U.S.A.They have been excellently reviewed by WOlfyang , Savitzand Johnston, Clinard, Merton and Nisbet. 2beSome of the most clearly defined criminal subcuQt~res;are to be found in history, continuing sometimes in amodified form up to the present day. There have existedthroughout history, in very different countries andcultures, rigidly and elaborated organized groups forwhom serious forms of crime, including violence andmurder, have constituted a way 'of life or a substantialelement of their social cultural patterns. 3) Suchare, for instance, various criminal tribes, delinquentgangs and organized crime as mentioned in the followingparagraph: l'The Ismailian set which originated in the eleventhcentury and spread to various parts of the Middle-East; the criminal gangs and brigands of India whopassed on their skills to their children; the Th~gswho were a secret organization of robber gangs, theblpod-feuds or vendettas which have existed universiallyand throughout history 4) as well as' cannibalism, whichalthough practically extinct in moderntimes, was veryI} Gibbens, T.C.N.:Cultural Factors in Delinguency;TAVISTOCKPUBLICATIONS, J.B. LIPPINCOTT COMPANY, LONDON, 1966, p.522) . Ibid., p. 523) Ibid., pp. 60-614) Ibid., pp. 60-64..79 / •• •••

- 79 --common among the South African tribes. 5)A close criminological study of the African societyreveals that the following criminal subcultbressarefound, viz.,that of witbhcraft; violence; "TSOTSISM"and that of "SHEBEENS". The subcultures of witchcraftand violence have always been present in the historyof African arime, while the subcultures of "tsotsism"'and "shebeens" are a result of cb.ntaottllli::thdiJia t:,vI .wh~te man's culture. This will become clear in theicourse of the discussion.1In this chapter, therefore, the concepts subcultureand criminal subculture will first be analyzed beforecriminal subcultures as they affect the Africans ingeneral and the Zulus in particular are discussed.4.2 The Concept Subculture.~ subculture implies that there,are value judgementsor a social valLte system which is apart from and apart of a larger or central value system. 6) From thepoint of view of this larger dominant culture, the valuesof the subcOlture set the latter apart and prevent totalintegration, occasionally causing covert feelings. 7)The dominant culture may ·directly or indirectly promotethis apartness, and the degree of recipl'ocal integrationm'!'ly vary, but whatever., the reason for the difference,normativeisolatioh and solidarity of the subculturer6sult. There are shared values that are learned,,adopted and even exhibited by participants in the sub-. ,cUlture and that differ in quantity" and quality fromthose ·of the dominant culture. 8)5) Some of the South African tribes notorious for cannibalismwere the AMAZIZI, AMAKUZE, AMAHLUBI and AMADLAMINI.See Molema, S.M.: The Bantu Past and Present, W.Green & Son,6)L'd,Edinburgh, 1920 p. 77V~lentine, C.A.: Culture and Poverty, The University OfCHicago Press, Chicago, 1968, pp. 106-1077)B)Ibid., p. 107Ibid., pp. 108-11480 / •••.•

- BD -4.3 The Importance of the Subculture Theory in Explainingcrime. -The subculture concept is important in criminology,because it is ~sed more and more as a priori assumptionand a posteriori interpretation. 9) It is 'unfortunate, however,their attention to the problems of athat criminologists have turnedcriminal subcuilitfu~eeonly compa~atively late, and probably first in relationto its exictence within the narrow confines of penalinstitutions. 10)Mannheim 11) refers to the theories of subcultures andanomie as class-oriented theories of crime in contradistinctionto the non-class oriented theories such asculture-conflict and ecological theories. 12) Mannheimgoes on to say that by far the most important, comprehensiveand ~nfluential of the class-6rientea theoriesof crime are'those based upon the concepts of the criminalsubcul:tu,re', and anomie. While the concept of culturein general has ,under the influence of the culturalanthropologists been interpreted more objectively,the concept criminal subculture has often been used withundertones of strong moral condemnation. 13)I n sharp conta:Gst",toco'su'chcuddet:tooesrreceDtddeceldashave seen the development of a comprehensive and consistentconcept of the criminal subculture aapaapabme ofinterpreting in detached scientific language certainlynot the whole but at least considerable sections ofcriminality. The pioneering work in, the field of criminalsubcultures has been started in'the U.S.A. and Britainas the following brief historical 'account will show. 14)9)10)ll)12)].:3 ),14)Mannheim, H.: Comparative Criminology, Volume 2, Routledge& Kegan Paul, London, pp. 510-530I bid., p. 510Ibid., p. 4991bId., p. 532Ibid., p. 500Gibbens, T.C.H.: op.cit., p. 52•Bl / ••••.

- 81 -4.4 The Historical Development of the Theory of CriminalSubcultures:The historical studies of criminal subcultures revealthat in a criminal subculture are found groups such asgangs, as well as classes. The most characteristicfeature of a criminal subculture is, however, the factthat in it are found problems arising from class conflict.15Mannheim 16)'contends that when searching for thehistorical roots of the connection between class conflictand crime, it must be remembered that while for MARX,economic conditions were responsible for crime, he madeno important contribution to the sociological analysisof crime and the crimina] subculture. Credit must, therefore,be given to a Non-Marxist researcher, Emile ,.Durkheim, for the beginnings of an analysis of the sourcesof the criminal subcultures, namely the theory of anomie,which is not only related to the theory of criminalsubculture,but has also had a profound impact on criminologicalthought especially in the U.S.A. The Durkheim­Merton 17) theory of anomie was then enlarged and enrichedby the foundations of those researchers who afterwardsbecame in~e.restedin its implications for the criminalbehaviour of American lower-class male juveniles andadolescents.The following contributions are worth discussing insome detail:4.4.1 8ernard Lander's Statistical Study ofof Juvenile delinquents in 8altimore.8 464 Cases18)One of the hypothesis in his investigation is thatanomie is the most important factor in analyzingdelinquency. The delinquency rate is a measure ofthe degree of anomie; another measure is the percentage6f house_owernbn~p artd~so'is:the.·percentageOf15) . Ibid., p.-50016) Ibid., p. 50017) Ibid., p. 50618) See Land~, 8.: Towards an Understandinq of JuvenileDelinquency, U.?~Columful~; N§~'Ybrk,-1954, chapter 5.82 / •••••

- 82 -Negroes in an area. The second factor in Lander'sanalysis is a socio-economic one, measured by rentand education. Lander's interpretation of the resultsof his factor analysis is that juvenile delinquencyin Baltimore is fundamentally related to the stabilityor ~nomie of an area. 19)Mannhe.im criticises Lander's research, inter alia,by stating that although it is valuable on accountof the sophistication 6f its statistical techniques,it does not show clearly how the factors mentionedco-operate in order to produce delinquency. 20)4.4.2studies of Criminal Subcultures by A.K. Cohen.Cohen's studies of crrminal subcultures have beenmore influential than the studies of Lander inBaltimore. 21) Cohen's studies offer a more plausibleexp~anatron of crime by giving the real characteristicsof criminal subcultures. Cohen further shows howa criminal subculture ii transmitted from one individualto another. He further explains the specificcontent of a criminal subculture and the reasonsfor 'its existence. 22)The years after Cohen's book have seen b.the;c'c pi:Jb1itil.tioron the subject of criminal subcultures. The mostimportant of them is Cloward and Ohlin's highlyperceptive and influencial book. 23) While theirtheory is strongly class-oriented, they are inclinedto attath~:greater'Js!gnfficance.than,Cbhen :does'tothe inequalities arising frci'm' economic factors. 24)More recently H.A.Bloth 25) has repeated his viewthat the intergenerational tensions between youngi'9 )20)21:)22)23)24)25)Ibid., p. 59Mannheim, H.: op.cit., p. 507Ibid., p. 507"Cohen, A.K.: Delin!=lu~mt.:: Boys. The Culture of the Gang,Glencoei Illinois, 1955, p.Cloward, R.A. & Llyod, E. Ohlin, Delinquency & Opportunity,Glencoe, Illinois, 1961.Mannheim, H.; op.cit., p. 512I bi d., Rp. 513-514 83 / •••••

':.. 83 -and old are far more important as an explanationof gang delinquency than conflicts between the social'classes: Criminal subcultures are found not onlyin certain sections of the society, but also incertain geographical areas irrespective of class.4.5 Criminal Subculturesu in the African Society.The criminal subculture theory is also a useful device.in the explanation of crime as a product of culture-conflictamong the modern Africans in South Africa. Mayer 26)referring to the urban Xhosa in East Londondescribesvery aptly the problems facing the urban Africans.says that they are menwould say of three worlds,Heof two worlds ----- perhaps onefor if the country home isone world East London itself comprises two others -White town where the Xhosa works and the non-white townwhere he lives meanwhile.theIn the cities the Non-whitetown consits of the township set apart byfrom the white residential and business areas.law and customIn the townships thousands of people live together, somein decent houses,while others live in shacks and fromthere the tribal inhabitants go forth every morning todo their w~ge-earning in the white areas.of the non-white population live in aThe restcompletely differentworld, namely, they are scattered about the white areas,in domestic servants' quarters on white employers'premises. In South Africa today, therefore, many socalledwhite ways and values are learnt bymainly from Black people.Black peopleBut as Fortes has remarked,many adaptive patterns, proper to certain situationsin town, can drop off like an old coat if or when theperson returns to the country.The above contehtioni j; s ~:t7?oe, ,nbt,-on).y:,6fU;be::Xhosabut also of the Africans as a whole. This anomicsituation in the African society has resulted, inter_alia, in the formation of anumber of criminal subcultures.26) MayBr, P.: Townsmen or Tribemen, O.U.P, Cape Town, 1963,pp. 1&2•84 / •••••

- 84 -The most important of these criminal subcultures willnowbe analyzed:4.5.1 The Subculture of Violence.Wolfgang and Ferracuti 27) have the following tosay regarding the subculture of violence among theNegro in the U.S.A.: They found" ---- that in theUnited Sta~es (homicide) rates are highest among males,non-whites and the young adult ages. Rates formost serious crimes, particularly against the person,are highest in these same groups". They further pointout .. the significance of a jostle, a slightlyderogatory remark, or the appearance of a weaponin the hands of an adversary are stimuli differentiallyperceived and interpreted by Negroes andwhites, males and females. Social expectations ofresponse in particular types of social interactionresult in differential definitions of the situation.A male is usually expected to defend the name andhonour of his mother, the virtue of womanhoodand to accept no derogation about his race ( evenfrom a member of his own race ), his age or hismasculitvity. Quick resort to physical combat asa measure of daring, courage or defence of statusappears to be a cultural expression, especially forlower socio.-econorriic cla'SS males. When such aculture norm responsei s elic i ted:' f,romo ,:an'.iniJiiJidualengaged in social interplay with others who harbourthe same response mechanism, physical assaults ----­.are likely to be common."Labuschagne 28) then goes on to say that these areaspects that we see in the conduct of the Africansand Coloureds, and it is thus justifiable to concludethat the high ratio of violent crimes amongst these27)2B)cWolfgang, M.E. and R. Ferracuti: The Subculture of Violence,Towards An Integrated Theor in Criminolo ,Tavistock publicaloons, ew ork, 1 66, p. ,153Labuschagne, J.J.: "Crime in South Africa," Crime Punishmentand Correction, Volume 1 No. 2, November 1972, p. 985/...•.

- 85 -groups is due to such asubculture of violence.The present investigator concurs with this statement.One of the problems found then with members of such asubculture of violence is that the use of violenceis not necessarily viewed as illicit conduct, andthe users thereof do not have to deal with feelingsof gUilt about their aggression. Violence becomesa part of'the life style and it occurs mostly withinthe subculture, for violence is used mostly betweenpersons or groups who themselves rely upon the samevalues and norms. 29)Many explanations have, of course, been given toaccount for the subculture of violence. Thepsychoanalytical schoolconceived of violence as30) has. for instance,the actualization of theso-called "death-instinct". a general aggressiveinstinctual drive. Then several medical investigationshave been conducted in criminology on homicidalgroups. One particular approach to violence, isthat which utilizes psychological tests. for the stLidyof ~ko~psorpvidleht~subjects.·Manyof .$uchpsychomet~ic;researthers·are. oh·himidid~s~l)·From these studies emerge the general picture ofa personality characterized by egocent~ibism:aridlack of emotional control. And then the frustrationaggressionhypothesis has been readily acceptedby many investigators. It is a classical approachto the problem of violence and,its heuristic valuehas probably not been matched by any other theory.In terms of this theory, frustration produces anemotional state, anger, which heightens theprobability of occurence of drive-specific behaviours,namely aggression. The probability that aggressionwill actually take place,depends on the presence29 ) I bid., p. 930) Wolfgang, M.E. and F. FerracutT.: op.cit., p. 14131) Ibid., p': 14386/•..••

- 86 -or absence of restrainers against aggressive,hostile actions.This hypothesis has been employedin two studies on homicides, one by Henry andShort and the other by Palmer. 32)33)Laubscher, gl V lng a psychiatti·c oe:l'f!Lanationof the crimes of the Af·t.i.:c.anc-ilngener.aL-says:Native is Rot bynature blood-thirsty, but his"Theaggressive instincts or pugnacions propensities areexcitable, easily roused and explosive".Among the Zulus in particular the subculture ofviolence has its roots in the history of the Zulusthemselves. Many actions which are regarded asassaults today in terms of the white man's lawwere not regarded as such in the traditional situation.In fact afight between two able-bodied young menwas approved of conduct in traditional Zulu society.When two young men met each other on the way, onewould, for instance, say "NGICELA INSELELE, WETHU",which means "I challenge you to about of stickfighting,my peer'" Naturally one or even bothwould be injured during the combat,be no case (or crime committed).but there wouldWhat actuallyhappened was that the injured party would be satisfiedwith the nursing or "first-aid"given to him by his34)opponent.Similarly love-making also involved a great dealof violence. A young man would, for instance,never make love to a girl by approaching her politelybefore speaking to her. He would simply grab herand literally force her into submitting to his wishes.32)33)34)Ibid., p. 95Laubscher, B.J.F : Sex Custom and Psychopathology, Routledgeand Kegan Paul, London, 1951, p. 306:According to elderly informants this type of behaviourdid not entitle one party to charge the other for anycrime.87 / •••••

- 87 -Reference has been made to the "THWALA" custom, whichinvolved the taking or abduction of an:'unmarriedgirl by force and by surprise to the suitor's homewhere she would be made to put on the clothes andinsignia of a newly married wife. 35)Krige 36) says, for example, that when a young mantalked. to a girl, he caught the girl and twistedher arms to force her to speak.All the above-mentioned forms of violence were acceptedforms of conduct in tribal Zulu society and were,therefore, not illegal. Contact with the white man'slaw has, however, transformed these forms of· conductinto crimes variously known as assault, rape andabduction. 37)35):36{ .37)In the traditional Zulu culture, physical aggressionwas regarded and seen a~ a demonstration of masculinityand toughness. White 'civilised' law haschanged some violent acts into crimes without changingthe attitudes of those who are products of the subcultUre.This has, therefore, resulted in the highincidence of urmiIJeiScaft:vibleilce: ;against;~ ta:eQp~rsbo among .modern Africans. It is likely then that as a resultof this cultural trait of violence which has beencarried into modern times, the many assaults amongthe Africans are ~ommitted not so much out of themotive of revenge, but out of a spirit of bravadoor of testing e~ch other§ st~ength or skills infighting. Although the white'man's law stipulatesthat assault and abduction are:crimes and punishable,this idea has not yet been interna1ized in the mindsand feelings of :;ft6ricai:Js+;-;m~O:;l!-i;in rnas;!:.' ctlses;"",see nothing wrong with. fighting.See abduction, Chapter 2, p. 51Krige, E.Jd: The =pocial System of the Zulus, Shuter &Shooter, Pietermaritzburg, 1965, p. 104The above-named forms of conduct conform with the definitionsof assault, rape and abduction, respectively,as defined by S.A. Crimina'l:~Law... 88/•••••

- 88 -Some assaults take place in the streets. Others(and these are in the majority) take place indrinking parties. Usually such assaults occur moreoften where concoctions are sold. It is suggestedtherefore, that the tradition of violence among theAfricans may be one of the factors contributing totheir crime rate which is much higher than thatof other r~cial groups as the following data ,willreveal.During the year ending 30 June,were killed in South Africa as aof violence including murder,1972, 11 686 personsresult of b~±mes~~:nnculpable homicide,infanticide, faction fights, assaults public violenceand other punishable offences. 38)•The following table illustrates the nature of theviolence as well as the race ofTABLE l.the victim:Crimes of Violence and the Race of the Victim inSouth Africa for the year ended 30 June 1972 39)..,ACTS OF VIOLENCE RACE OF VICTIM38) Annual report of the Commissioner of the Sou h AfricanPol~ce for the year ended 30 June 1972, GovernmentPrinter, Pretoria (R.P. 23/1973), p. 539) I bid., p. 5[I WHITE COLOURED ; ItSIAN BANTU TOTAL,ICulpable Homicide , 869 438 75 3 388 4 770IMurderI118 543 55 5 004 5 720Infanticide 5 8 1 80 94F'Cction Fights I - - - 235 235Assaults 6 24 1 203 234Public Violence - - 2 14 16Other Crimes 61 14 3 540 617TOTAL 1059 1026 137 9464 11686'-89 / •••••

- 89 -The above figures reveal that Africans constitutedaltogether 5 004 victims of murder out of a grandtotalof 5 720 in respect of all races. The total numberof faction fights victims was 235 and involved onlyAfricans. Infanticide victims totalled 80 outof 94 i.e. the Africans accounted for 85 per centof all victims of infanticide in South Africa duringthe statistical period ended 30 June 1972.The subculture of violence can be best illustratedwith reference to faction fights, which are verycommon, especially in rural areas. In certain areasin Kwa-Zulu e.g., the Msinga District (TUGELAFERRY)there are clans which are always at loggerheads.Factors leading 40) to faction fights are usuallydisputes over grazing grounds, girls and, of course,plain: testing of one another's skills. The lastfactor is probably a remnant of the old Zulu customof UKUCELA INSELE (to challenge another to a boutof stickfighting in order to test who is stronger).The clans start fighting when they meet in the weddingparties or "IMISINDO", as they call them.,..Every year much blood is shed through these factionfights. On the 31st January, 1965, e.g. membersof the Community at TIERVlEI in the Cape fought witha group of Coloureds. During this faction fightfour Africans were seriously injured while nine policevehicles were damaged. In the same year eleven faction.fights took place in Natal in which six Africans werekilled while twelve were seriously injured. Duringthat year two faction fights took place in thepolice division of Port Natal at which five Africanswere killed while two were seriously injured. Alsoduring that year there was a faction fight in theTranskei, in which five Africans were killed and anum ber l.nJure... d 41)ț\, ,40)41)Ndabandaba, G.L.: "Crime and the African", Crime, Punishmentand Corrections, Volume 3, June, 1974, p. 35Ibid., p.3590 / ...•.

- 90 -On the 19th February, 1965, Chief NKOSANA MTIRIRAof QULUNGU, ENGCOBO, Transkei, was attacked byapproximately twenty African males with axes andassegais.The chief, his mother and an African priestwere killed while the chief's wife was seriously42)injured.;On the Bth November, 1967, members of the Sitholetribe were attacked by the Zwane tribe in theELENGE area of the MSINGA district. At this timefifty-one men were killed (forty members of the Sitholetribe-and eleven members of theZwane tribe).Sitholes and nine Zwanes were injured.SevenIn the TugelaFerry area, also in MSINGA, seven Africans were killed43)and four were injured in faction fighting.•On the 12th May, 196B, there was a faction fightbetween the Xhosas,Pedis and Sothos in the EasternTransvaal. Seventeen Xhosas, three Pedis and oneSotho were injured while one Xhosa was killed.Recently, i.e. in October 1974, in the Ingwavumaarea, s~ventribesmen have been murdered and hundredsof people made homeless in a fierce faction fight.In the wave of unrest at least sixty-four huts wereburned to the ground, leaving scores of familieshomeless. Make shift tents erected by tribesmenwere slashed and cut down with pangas. 44)\ț • •When these clans fight, they divide themselves intogroups such as those resembling the military groupsor "AMABUTHO" of the olden days. A diversity ofweapons is used such as assegais, sticks and evenfirearms. The tribes in TiJgela Ferqi~anp ,.Bergville (EMANGWANENI) are notorious for using home-45)made guns.42) Ibid., p. 3543) IbId., p. 3544)' The Daily News, Durban, Fridav.p.l _.45) Ndabel9daba,' G.::...h_~p~'p.i.,t~. 35'.'October 4, 1974 L_Headlines,91 / •••••

- 91 -In the urban areas it is the "tsotsi§"who are responsiblefor the many forms of violence andhooliganism as will become clear in the discussionon the subcult~Dee of "tsotsism". Suffice it sosay here that many investigators have establishedthat gang warfare not infrequently breaks out inthe large cities. Rival gangs are observed inbattle in the streets and outside cinemas. 45)4.5.2In amemorandum which he submitted:.in 1950 to thecommission of Inquiry into acts of violence committedby Africans, Mr. Venables 46) stated that a l~rgenumber of Africans above thirty years were con~ciouslyand actively instigating the youngjuveniles of theAfrican townships from twelve years upwards to crimesof violence. 47)The Subculture of "TSOTSISM"Another subculture that is fast developing in theAfrican societies, be they urban or rural, is thesp-called"tsotsi" subculture.meaning aThe term "tsotsi",criminalCtoughguy, came into use inJohannesburg in 1946 following the exhibition ofa film entitled "STORMY WEATHER" in which the all-;Negro cast wore stove-pipe trousers, wide-brimmedhats and massive watch chains.African youths whoadopted this kind of dress as something which wassymbolic of derring-do, came to be known as "tsotsis",the name being derived from the Sotho word meaning"t . t 48)s ove-pLpe rousers.i,'.,•Other investigators maintain that the term "tsotsi"i~ derived from "HO TSOTSA", a South Sotho wordmeaning to sharpen, while others hold that the wordcoriginated from "lOOT SUIT", a fashion whith originatedfrom an American gang. 49)46 Fte.~d. t.,;.:LY'op'.CIto, pp. 128-12947 Ibid., pp. 128-12948) Ibid.,_ p. 7349) Penal Reform News, The Penal Reform League of South Africa,Pretoria, October, 1960, p. 16• 92/•••••

- 92 -"Tsotsi" gangs are a well-known feature in the Africancommunity. They are formed mostly by males betweenthe ages of 12 and 40 years. 50) The "tsotsi"subculture has found fertile soil in the rural areaswhere it is brought by those youths who have tastedcity life. This subst~htial segment of presentdayAfrican society known as "tsotsis" have a wayof life, values and characteristic patterns ofbehaviour which are the product of a distinctivecultural system. The "tsotsi" s'ubculture has someof the following values: toughness, physical 'prowess,evidenced by.demonstrated position of strengthand endurance and athletic skill, masculinity symbolizedby a distinctive complex of acts and braveryin the face of physical threat. 51)•The "tsotsi" gangs are becoming better and betterorganized, more powerful and 'more dangerous everywhere.It is not uncommon for them to be ar~ed.One of the reasons why "tsotsi" gangs have becomemore organized is that membership is not open toany minor criminal who wishes to join. Before ayouth,~s admitted to the gang, he has to provethat he is of value to the gang. The most commonmethod is for the recruit to plead gUilty in courtto a crime committed by one of the leaders. 52)Referring to this subculture, Dr. J.W. Bodenstein 53)says that there is " ---------- a small segm~nt ofBantu society so culturally alienated and confusedthat a prison sentence, even for an offence disgracefulby any standards, may actually give addedprestige."'.i' ,,•,•50) Freed, L.F.: op.cit., p. 7351) Ibid., p. 13052) Ibid., pp. 77-7853) Bodenstein, J.W.: "The Bantu Ex Prisoner - some Cultural~ Patterns in his Reaction to Imprisonment and their RelevanceRegarding Rehabilitation", A Paper read at the 2ndAnnual General Meeting of the 8antu Prisoners Aid Committee,DUrban, 27.9.l969.93j • .•••

- 93 -The"tsotsis" are capable of committing any crime.freed 54)observed in his investigation that inthe African bus terminals thousands of milling,restless, angry Africans were molested byeveryday."tsotsis"While they are quick with a knife, theyalso draw and use revolvers and have become Quitesophisticated in their operation.In the townships there are, for instance, certain,areas out of which residents dare not venture aloneat night for fear of "tsotsis".The "tsotsts" arenever slow to take advantage of the humant:chacrs ':ane;! theyare notorious for pickpocketing people.byThey livespivery, and their line is to try and studytransactions involving watches,pens. tex~iles,cameras, fountainrubber contraceptives; fancy goods,car batteries, tyres and, radios. 55)A practice very similar to the "TWALA" custom oftribal times is commonin.the "Tsotsi" sub~ulture.It is Quite common for a "bad" woman, whe~ she findsthat she is falling in love with the members ofanother "tsotsi" gang,to invite them to take herfrom the gang by whom she is presently he~d. Thewoman usually does this by engaging in aform ofdance known as "fAMO", in which she dances with aseductive voluptuonsness revealing the more intimate. 56)parts of her body.The problems created by the "tsotsis" are summarizedby freed when he says: " ---"---•Indescribable happening'Were taking place in the twonships.The tales ofcrime, violence and terror that come to us from thetownships would shock any civilized communityanywherein the world. No decent man or woman was safein his or her own home.54) freed, L.F.: op.cit., p~ 7355) Ibid., p. 7356) Ibid., p. 115Wives and young girls were94/..•;

- 94 -raped.in the streets and on their may from work.Some mere even raped in their own homes in fear ofvictimisation. These gangsters ruled the townshipsat the point of knife or pistol. They robbed thepeople in the trains to and from their work, in thebus C1!leues and in their homes. They assaulted inno:cBrl:tvictims in the street and terrorised one area afteranother. They considered themselves invincible andshowed no fear even for the police. "57)S. Mokoena 58~ Chairman of the Reformed IndependentChurches Association puts the matter as follows withregard to the dtsotsis" in Someto: .. -------- Sowetis h plek van skrik, veral oor naweke en snags.,Mense kan dit nie na sewe saans in Soweto se stratewaag nie. Ons noem dit die "death walk". 8endessaai snags verwoesting in die fftownships".In Pietermaritzburg a group of "tsotsis" assaulted ,a professional boxer over one weekend. The boxerhad to undergo an operation as a result of the fourstitbh wounds he received. The "tsotsis" pounc~d!upon ,bim with bottles and other sharp weapons a~dleft him seriously injured in the street. 59)At Kwa-Mashuwhile on hisa soocer starway home fromwas stabbed to death60)a football match.In the Johannesburg municipal area 61) there were891 cases of murder during the period 1 March, 1966to 28 February, 1967. As a result of this the Rand\Daily Mail ran a series of articles on crime inSometo,describing the gangs of vicious men, many ofthem teenagers, who train in groups, terrorising'the inhabitants and running protection rackets.57}58)-60 59~ .61Ibid., p. 127Mokoena, S.: "Wi tman Se Straf Te Pap". Cri me. Punishmentand Correction. Vol. 3. No. 2, June. 1974, p. 45Week-End World, Johannesburg, 30.10. 1971, p.o2Ibid., p. 2A Survey of Race Relations in South Africa, 1967, Compiledby M. Horrel, published by the South~~ftican~Instituteof Race ..Relations, Johannesburg.95 / •••• ,

- 95 -It was pointed out, too, that it is not only ~hesegangsters who resort to violence. Frequent use ofknives is made by ordinary citizens also when inrage or under the influence of drink or dagga. Adreaded weapon is the needle-sharp steel spokecalled a "NTSHUMENTSHU", which is plunged intothe spinal cord, leaving the victim paralyzed andgiving.South Africa the highest paraplegic figurein the world. It is estimated that 1 000 or morepeople are murdered in Soweto every year and as manyas twenty some weekends. The toll of the injuredand maimed is unknown, but it must be a terrifyingfigure. All this is a result of the "tsotsi" :subculture.The "tsotsis" are of different classes. MonicaWilson 62) holds that in Langa, Cape Town, the "tsotsi" ~lementis divided into the "IKHABA" orclever bright boys. They range from 15-25 yea~sand are composed of boys and girls who have finishedthe primary school, but are not continuing. Theyare usually violent, boisterous and given to smokingdagga and fighting with knives. The "IKHABA"or"jongspan: as they are also called, look for factoryjobs, or are delivery boys. They never work in thebuilding industry and rarely in docks. One attractionin factory work is the opportunity it offers forpilfering. Moreover, the hours are not long andthe work is not heavy. They prize a free week-end.A little older than the "jongspan", ranging from25-J5 years, is the so-called'!OoMac"from theScottish Mac. They are expected ~y "tsotsi"subculture to be more reasonable and responsiblethan the "IKHABA". They n6 longer run around whistlingin the township$,- or jumping on and off running62 Wilson, Monica: Langa. A Study of Social Groups in anAfrican Township, Oxford University Press, 1963, London,pp. 22-23.. ~6 / •• "

- 96 -busses, nor do they smoke dagga in public. Pilferingis felt to be a means 'by which they supplementtheir incomli!. 63) .This classification of "tsotsis" is closely relatedto the stages through which the "tsotsis" travelbefore they graduate into true "tsotsism". 64),The first category is that of learners (laities)."Laities" are boys below the age of twelve who roamabout the township streets playing children's gamesand frequenting the bioscope, but they alreadydisplay criminal tendencies, confined mainly topetty' thefts in cafes and greengrocers'shops.They play dice for cents and pencils, sniffbenzine and build up a crust of resistance to parentsand society. Some of them are still at school,though they play truant quite often; others have, .abandoned school and have part-time jobs as caddieson the golf course or carriers in the market whileothers sell sweets, monkey nuts, shoe laces, ladies'Iearrings and cosmetics in trains, busses, sportsgroundEand other public places. They are learners; the,'older "tsotsis" often sentl them to buydagga; tos~y and do many other things which are part of "tsotsi"training. This stage is exciting to the youngyouhave your money from selling things, you canconsequently put on long trousers, smoke cigarettesand have people turning a blind eye upon yourindependence, because you enjoy the protection ofthe big boys, 65)Uilakazi 66) makes the following remarks regardingthe Zulu "tsotsis": he distinguisnes between "tsotsis"who have gone to school and those criminals known63)64)65 )66)Ibid., p. 53penal Reform News, The Penal Reform League of South Africa,Pretoria, October 1960, p. 16Ibid., p. '16Uilakazi, A.: op;cit;, p. 7697 / ••.

- 97 -as "AMAGXAGXA". He also points out that the word"tsotsi" is confusing. Originally it referredmerely to narrow-bottomed pants. However, the peoplewho wore such pants were considered pickpockets,won't works and criminals and the word "tsotsi"has come to mean this kind of juvenile delinquent.This criminal element is drawn from the youths whohave had very little or no education, or who havehad unfortunate family backgrounds because of theconditions in South African cities. Many youthswho go from the rural areas to the cities are recruite!to this criminal gang, for as records of convicted"tsotsis" show, they are either completely illiterateor have very low literacy.Then there are many Africans today who have beenwell educated and who were brought up by Christianparents in Christian homes who have become "tsotsis",i.e. criminals. This is, however, another storyand has its counterparts in New York, Los Angeles,Paris or in any Western city. These people arecallee "tsotsis", but it is here used to describecriminals and not the kind of pants worn. 67)There is another group of·you~gti~tetlectuals~ho"tsotsis" because they do not believe any more inChristianity.This group is not "criminal"however, although many of them have been to prison.They are. disillusioned with Christianity. They arealso dissatisfied with democratic mouthings of. Westerners. This does not make:them "tsotsis".Theyare so··called because they havE no reverenCEfor the old or for the new Christian middle-classvalues. 68).areThe "amagxagxa", on the other hand,with dirty67) Ibid., p. 7668) IbId., p. 7698 / ••••.

- 98 -handkerchiefs tied, mUffler-style, round their necksproudsymbol of their little spphistication -have remained largely a country criminal element. 69)The "tsotsis" have thrived and become attractiveto some young people because they have been culturallyexciting. They have a language of their own, whichis very earthy, racy and something of a secretlanguage and, therefore, fascinating to the young.They are tough and they have demonstrated to everybodythat crime does pay and are always the bestdressed. They are defiant of traditional valuesand spurn middle-class Christian morality and thewhole culture of what they refer to in Durban as"051 TSHUZANA" i.e., the Excuse-me-people or thosewho try to live according to refined social standards.70Finally, there is the class known as "I8ARI". "Ibari"is probably derived from the Afrikaans word -baarrough,but is associated with barbarism. A film,THE BARBARIANS, shown some years ago in Johannesburg,depicted the barbarians invading Rome and it madea great impression. After that film the "tsotsis",-are said to have taken over the word and appliedit to the new generation of country men who werein the process of being absorbed in town. 71)From the foregoing it becomes clear that the "tsotsi"subculture has become an established feature oftownlife that has comethrough most clearly to theconsciousness of the townpeopl~ and has been absorbedinto their own folklore. The "tsotsi" subculturehas become even in the countryside awith akind of mythpower rivalling that of the witch myth andwith definite parallels; for both- "tsotsi" and witchembody the same basic concept - the reversal of69) Ibid., p. 7670) - Ibid., p. 7671) Wilson, M.: op.cit.,p. 2199/•••••

- ·99 -ordinary decent human values. Like the witch, the"tsotsi"is both terribly dangerous and terriblyunpredictable, so that nobody knows who the nextinnocent victim may be. 72)One of the main features of "tsotsi" mythology'is the boundless nature of their criminality.He know~ no inhibitions, no scruples, no remorse.He will do anything to anyone. He chooses the lastday of the week and month to lie in wait at therailway station, knowing that on this day there willbe many people setting out for home with all theirwages. In classical witchcraft situations, the witchand the victim stand in a definite relationship inwhich are engenderd hatred, envy or resentment.Appropriately enough to the impersonal urban surroundings,on the other hand, this new incarnation ofevil remains a complete stranger to his victim. 73)The fear of the tsotsi element is a real one. Thisfear together with that of witchcraft has actuallycontributed to a great deal of instability of theAfrican people, which has led to social disorganisationin general. While some Africans take theirfamilies to the rural areas through the fear of"tsot~ism" in the urban areas, others remove theirfamilies to the towns and cities for fear of witchcraftin the rural areas. 74) Some families, however,become disillusioned and frustrated when they findout that both "tsotsism" and witchcraft are foundin urban as well as rural areas. In the rural areas"there is the further problem that crime, especially"tsotsism'f and witchcraft, is not a8 easy to controlas in the cities, because the criminals move aboutfreely without being required to produce permitsand without being charged in terms of curfew72) Mayer, P.: op.cit., p. 727)) Ibid., p. 7274) IbId., p. 72•100 / •••••

egulations. 75)-100 -•\Finally, a thorough study of the violent gangs engagedin faction fights or "tsotsi" violenceindicates that there is an element of regimentationinvolved. Although,therefore,the model for the toughguy, hard, fearless, skilled in physical combat,is represented by the movie gangsters, there is someevidence that the"tsotsis"also show some resemblancewith the "AMABUTHO" or military regiments of theolden days, as well as the influence of the slumenvironments. The"tsotsi"subculture is, therefore,a combination of the impact of crime films of theWest, the historical influence of the "UKUBUTHWA"custom and the influence 076,lum areas. Thismust never be overlooked.4.5.3The Subcult~ralTheof "SHEBEENS"social significance of beer in tribal Zulu societyhas been analyzed in the previous chapter.In the Zulu tradition, "No~khubuhwane",the heavenly. maiden, was believed to have come down from heavento teach the people how to make beer. 17) Beer,-was never sold in the olden days and when a manwished to entertain his friends, he invited themto a b~er party. Here the men sat in a circle andit was etiquette for the host f.irst to taste thebeer and then pass it round to the others.Obviously.then there were no bars or beerhalls in traditionalZulu society, because beer was never sold. "Shebeens"were also non-existent.'~hebeensi' which are places engaging in a kind of Ibootlegging, originated as a result of the legalprohibition on the part of the African to purchase75)77)Ndabandaba, G.L.: "The Consequences of Crime", A PaperRead at the National Criminological Symposium on CrimePrevention, held at UNISA, 28-31 August, 1973.This contention is strongly adhered to by the presentinvestigator in the ar·.tic·le Jfaferr:ed-td. irl footnote 40of this @hapter.Krige, E.J.: op.cit., p. 197101 I .....

- 101 -white liquor, i.e. spirits, wine and beer.appear that" shebeens" date back as early asand that they have become aIt would1896 78)kind of institutionalizedway of earning a living or of supplementing one'scapi,tal. 79)Also known as "AMAJoINT" (JOINTS), "shebee~s"areof different categories. Some are high-cla~s orAI; while others are just ordinary. "Shebeens"arethe worst breeding grounds of crime. They produceboth the criminals and the victims. Many"shebeens"are the haunts and meeting places of murderers androbbe~s who are frequently in league with the "queens"who run them. The drunkards that the"shebe~ns"producebecome an easy prey for thugs. The stabbings andother crimes of violence during weekends and publicholidays are: largely a result of the drinking evilin the"shebeensQ "Shebeens"are, of course, not runonly by the African but also by Asiatics and Coloureds. 8o )Itis interesting to note that even after 1961 whenthe Africans had been given access to the white man'sliquor,"shebeens"kept on flourishing and are stillflourishing because the African has apparently acquiredataste, for something stronger than ordinary ,Africanbeer.Moreover,"shebeens"operate even during weekendsand public holidays and virtually for twenty-,four hours and are found not only in the urban townships,but also in the country locations. 81).Freed,holds that in Johannesburg vacant pieces of groundin the central area were frequently used by Africans78)80)81)Phillips, R.E.: The Bantu in the City-A Study of; CultureAdjustment on the Witwatersrand, The Lovedale Press,Cape, 1936 ,p. 178Freed, L~F.: op.cit., p.lll also confirms in his researchthat when making inquiries about the cause of cr!me inthe townships, it was found that the increasing cost ofliving was forcing more and more Africans to deal inthe illicit liquor trade.Freed, L.F.: op.ciL, p. 119Freed further holds that as a ~esult of this popularity,shebeens have now established themselves in strong competitionwith the municipal beerhalls. See Freed, L.F:op.cit.,p. 130 102/ .....

- 102 -for the running of"shebeen~~ The"shebeen-runners"had often to change their venues, however, for thepurpose of avoiding arrest. Wherever the place of82)operation is. the"shel:leen"queens do brisk business.They sell a diversity of concoctions such as"skokiaan~"barbarton'''pineapple drink, "isishimeyane", "gavini",'iizingodo" and even African beer and whiteliquor."IZIPAKUP.AKU" i.e. African beer bought from bottlestores in cartons is a very fashionable commodityin modern times. sold every where illicitly. includingbeaches~ railway stations; bus terminals, in trains,83)etc."Shebeen"queens resort to devious means to evade.police detection such as burying the concoctionsin common yards and along the river banks. 84)Dagga is sometimes also sold in the"shebeensV4.5.4The Subculture of Witchcraft.This subculture is discussed as the last one, notbecause it is not important. but simply because..witchcraft offences in traditional Zulu societieshave been dealt with in great detail. 85)It will, therefore. suffice here to mention thatwitchcraft is still a crime practised secretly.Up to the present day. the Africans still considermost sicknesses and death as resulting from witchcraft.There can be nd doubt. therefore. that thefear of the crime of witchcraft presses hard on82)83)84)85)Ibid., p. 76~s a very common affair in this area to see childrenand women selling "IZIPAKUPAKU" to passers-by.The banks of the Mhlatuze River are notorious fordrinking dens in this area.Se. witchcraft as an offence in the traditional-Zulu society in chapter 2 of this dissertation.103 / ••••••

- 103 -'.cThe"e,pQCated modern Afrioans. 'however;;i!isi;tthe'div.iriers secretly, ,beoallse,although visiting thedivine~s, they, hypoctittoallyregard going to them,gS uncivilized and contrary to the teachings of theohurches. Moreover, the stress is no longer on; discoverio-ng· the exactidemhty of the witch (criminal),lbut on0treating,the l patient by providing medicinesagaih~t6~eijealoUS,ofthe~lliitch.B7~;; e 1! ~1~ ;)Molema!f;~~) oonsidets the s'tibculture of liIitchcraftas oneL[of J:be..greatest CLlrsBSItis(s6 ,uni~etsalday many,of the Black, man.and'~o\d~ep-rooted,t~attothisand even those "who pretend' to .be enlightenedand professed Christians, do ·not 'cast a shadow ofdoubt'on~the'realityof witchcraft. For this reason,the modern African dislikes the witch and so fearshim that hs'employs diviners and magical 'medicinesagairisb~him, so that he may be'protected.againstthe Ill-effects of;witchcraftto~hiohhes.ironicallyrefersi,a~ "gypsona" 89) "", , IEven, in', places of . employment, , witchcraftL'ls·.cverycommol!)'ly'" :pi'actised. 'Schapera 90 ) says" Accusations;;, . 1of witchcraft or soroery against a 'boss-boy'arecommon, 'and'sometimes the post, is refused beoausea man' is afraid either that wi tohoraft,orsorosrywill be:worked, against him, or that he will beaccu~eddf using them' to kill other people.",Moreo"er~:theone who gains special favour with anemploye~,is thought to do so by: means of medicine.B6) Ndabandaba,G.L.: op.dt.,87) Sc~apera,T: The'8a ntu-Speakinq Tribes'of South Africa,MaskewMill~r,Ltd., Cape Town,l966, pp. 426-427BB) Molema,S:,.,;:op.cit.,p. 170B9J,"lI/dabandaba, ;G;L. : "Crime arid the African". Crime,....-2..Punishmentand Correction. Volume 3 No.90}SchaperaiL~op.cit.,p.395. . [ ! -2,June 1974, p.4l104/•••••

- 104 -There is also the belief that one whohas verystrong medicines is dangerous to his fellowmen.Schapera 91) states fUrther that accusations ofwitchcraft and sorcery are an expression of.quarrels, and further forment them; those believing;themselves to be injured are bitter against thosethey believe to be gUilty •. Schapera 92)regarding thequotes Hellman as sayingsubculture of witchcrafttimes: " --------- Magic provides athe followingin modernfar more satisfactoryoutlet for the perplexed and strickenindividual, and it is to magic that the averageNative turns for aid.The demand for the servicesof the "inyanga" has not decreased among the urbanpopulations."Further on she says "Magicpotentialities of adaptability.93) •has revealed greatIn addition tothe treatments used in curing illness, protectingagainst witchcraft and other ills, and ensuringsuccess and popularity, new forms have been evolved1,'to meet new conditions. There are medicines' to enablean unemployed Native to find work; medicinesto attract beer customers to a woman desiring tobuild up abeer trade; herbs to blind the policeso that they will not find awomen's beer "hole"or see a Native out after curfew without a speciallicence; medicines to cause aamagistrate to imposelenient sentence on an offendeF; and medicinesto obviate the necessity of paying bills!for eOery situation, newIn shortmedicines are available".(4.6 -SUMMARY: In this chapter reference has been made tothe subculture theory as an explanatory concept of crime.91) Ibid., p. 39792) I bid., p. 42693) I bid., p . 426•ID5/••.••

- 105 -It has also been pointed out that throughout history,every society has had its so-called criminal subcultures.The African society is, therefore, no exception in thisregard. The most important criminal subcultures inthe African society are the subculture of witchcraft;the subculture of violence; ·the subculture of tsotsismand the subculture of shebeens. These criminal subcultureshave become part and parcel of the Black man'sculture in Sout~ Africa. The present investigator,therefore, adopts the view that any explanatfon ofthe criminality of the Black,man. mu~t·t~ke .cog~izaneof these criminal subcultures. This chapter has alsomade it clear that most of the theoretical spadeworkin the study of criminal subcultures has been done inthe U.S.A. and Britain.106/•••••..

CHAPTER 5THE PRESENT EXTENT OF CRIME.5.1 Introduction.The purpose of this chapter is to analyze theextent of crime for the Africans in Mtunzini.presentIn doingso reference will be made to the incidence of crimeamong the Africans in South Africa as a whole.5.2 The Crime Statistics.Since this chapter is based on the Police statistics. in Mtunzini, a brief discussion in this connection isa necessary background.5.2.1 The Dark Figure in Crime.Although the criminal statistics indicate a lot ofcrime ~oday,it must not be forgotten that th.ydo not indicate the full amount. For a varietyof reasons, victims often do not report crimes tothe police, for example, because the victim did not·think that the police could do anything, or the victimthought it was a private matter and did not wantto harm the offender, or because the victims fearedreprisals by,. -the offender.Detailed surveys in the United States of- Americahave shown that-the actual amount of crime is severaltimes that reported in the statistics. They foundthat twice as many violent crimes are committed,three-and-a-halftimes as many rapes, three t{mesas many burglaries and twice as many thefts are-committed. 1) Such unreported crimes are referredto as the 'dark figure~ of the criminal statistics. 2 )Any investigator, therefore, trying to calculate theextent of crime in any country soon realises thathe~s attempting the impossible. Clearly, then,the1) Labuschagne, J.J.: "Crime in South Africa", Crime,Punishment and Correction,Volume 1, No.2 November,1972, p. 17Mannheim~ H.: Comparative Criminology, A Textbook,Volume 1. Routledge and Kegan Paul, London! 1965, p. 109107/•••••

- 107 -extent of crime in South Africa in general and inMtunzini in particUlar as given in this chapter isnot complete, because aknownnumber of crimes are notto the police, belonging as they do,to thedark figure of criminal statistics.There is, however,agrowing research literature in modern times.on aspects of this problem based upon self-reported. 3)cr1.me.Crime statistics consist of5.2.2 Police Statistics: The police may become acquintedwith crime mainly in two ways: through a complaintlodged by .the public and then investigated by thepolice, and by discovering a crime themselves.By the nature of things, the police canno.t discoverall crimes. Yet, despite this fact they have knowledgeof a very large number of offences (mainlyserious crimes which are really the important ones),because they are the protectors of life and propertyof the public and the safety of the state, and dailycome into close contact with crime and the criminal.Statistics kept by the police include all crimesknown to them; the number of arrests; the numqerof warnings issued; the number of persons summonedbefore court and also full particulars about theperson concerned. 4)5.2.3 Judicial Statistics.When the police in South Africa have completed theirinvestigation of a case, the matter is handed tothe courts. The legal proceedings then enter astep which is also o~very great importance to thecriminologist. The court statistics reflect, interalia, the number of prosecutions, convictions, dataregarding sentences, etc. 5)3)4)See, for example, N. Christie, A Study of Self-ReportedCrime, and K. Elmhorn, 'Study in Self-reported delinguencyamong school children; both in Scandinavian Studies in Criminology,Volume I, 1965.. .van derWalt, P.J.: n.Sosiologiese Klassifikasie van Misdade,h Studie in die Misdaadstatistiek, Nasou Beperk, Elsiesrivier,1964, p.135lli..!!., p. 136108 / •••••

- 108 -5.2.4 Prison Statistics.Although prison statistics are mainly of an administrativenature, they contain data which are importantto the criminologist. As a source of information,these statistics are dependent onthe police andthe court statistics since the prison is the finaljudicial organization with which the criminal comesinto contact.Prison statistics, therefore, reflectonly information of that portion of the offenderpopulation who have been sentenced to a term oflmpr..lsonment•6)It is clear that of the three types of criminalstatistics, the police statistics, namely "crimesknown to the police", contain the most completecriminal data available. Nevertheless, an analysisof crimes known to the police is fraught with manydifficulties. The criminologist should approachthem with a critical attitude.5;3 The Extent of Crime.5.3.1 South Africa.,.The extent of crime in Mtunzini can be appreciatedmeaningfully only if it is compared with the extentof crime in South Africa.Table 2 7) illustratesthe extent of crime in South Africa for the period1969-1970.The following significant facts emerge from Table 2:(a) While the Africans in South Africa constitute55,09 per cent of the total population (excludingthe homelands), they constitute 59,66per cent of the total conviction figures.(b) The Coloureds have a greater disparity, namely,they constitute only 13,09 per cent of the6) Ibid., pp. 136-1377) From Population Census, 1970 'Report No. 02-05-01 andStatisti~s of Offences and of Penal Institutions, 1969­1970, Report No. 08-01-06, The Govt. Printdr, Pretoria.109 / •••••

- _109 -TA8LE 2.CRIME IN SOUTH AFRICA! 1969-1970 8)WHITES.CapeNATALTRANSVAALo.F.S.TOTAL% of TotalPopulation1 102 367442 4991 890 182295 9033 730 95125,88%Convictions14 0605 56423 0144 71947 33910,45%ASIA TT CS.CapeNATALTRANSVAALo.F.S.TOTAL% of Total21 617514 81080 5635616 9954,28%3178 647893229 8792, .8%i •COLOUREDS.Cape 1 751 546 114 216NATAL 66 863 2 864TRANSVAAL 150 853 5 729o.F.S. 36 090 2 709TOTAL 2 005 352 125 518,; of Total 13,9% 27,7%8ANTUS.-CapeNATALTRANSVAALo.F.S.TOTAL% of Total1 360 1721 116 0214 267 2721 317 3088 060 77355,9%70 17051 744113 81834 537270 26959,66%GRANOTOTAL 14 414071 443 0058) Reproduced with the kind permission of NICRO headoffice, Cape Town.110/••.••

- 110 - •population, yet are responsible for 27,07 percent of the conviction figures.(c)(d)With the Asiatics, the reverse is true: theyconstitute 4,28 per cent of the total population,but only constitute 2,18 per cent of the totalconvictions •.The same also applies to the whites; they makeup 25,88 per cent of the total population, butonly 10,45 per cent of the total convictions.(e)It is clear, therefore, that of the major populationgroups, the Coloureds have the highestrate of convictions (in relation to the sizeof their population).(f) The Africans are second, but their percentageof the total conviction figure is virtuallythe same as their percentage of the totalpopulation.(g) It must be borne in mind, however, that a large!'number of Africans are convicted of petty offencesand the so-called technical offences.It isprecisely this kind of contravention which makesthe problem of crime in South Africa so comprehensive,overload the courts and fill theprisons to overflowing with short-term prisoners9) .and creating endless problems.5.3.2 Mtunzini.The following table indicates the incidence of crimesknown to the police in Mtunzini during the period1967-1971.9) van der. Walt, P.J.: "The Crime Problem in South Africa,"~A paper read at the National Crimnological Symposiumon Crime Prevention, UNISA, Pretoria, 28-31 August,1973.111 I . ... ;

-111-•TABLECrimes Recorded by the Police in Mtunzini,3 •S.A.P.I, 1967-1971 10)YEAR NO. OF CRIMES MALES % FEMALES. .%1967 1 646 1 416 86,03 230 13,971968 1 257 947 75,34 310 24,661969 1 119 899 80,33 220 19,671970 1 218 1 099 88,59 139 11,411971 1 341 1 055 78,67 286 21,33TOTAL 6 581 5 396 1185The figures in Table 3respect of crime in Mtunzini:reveal the following inCa) .Over a period of five years, namely, 1967­1971, the Africans in Mtunzini were responsiblefor a total of 6 581 crimes as recorded bythe police at the Mtunzini Police Station.Cb)5 396 or 82 per cent of these crimes werecommitted by males, while 1 185 or 18 per centwere committed by females.The Africans are, of course, predominantin this district, forming 97,15 per cent ofthe total population of the area served by theMtunzini Police Station. The Whites, Indians,•This table was compiled by the investi~atordata obtained from theR.C.A. CS.A.P.I) forperiod 1967-1971 ••from thethe112/.... :

- 112 -and Coloureds, on the other hand, constituteonly 2,85 per cent of the total population ofMtunzini. 11)Obviously then the factor of population is oneof the factors accounting for the high' incidenceof crime among the Africans in this area.Cc)It "emerges further from Table 3 that in the areaunder investigation, ther~ has been no steadyincrease in crime from 1967 to 1971. In factthe reverse might be true. Thus it will benoticed that from 1967 to 1968, the crime rateactually decreased by 389 or 6 per cent. From1968 to 1969 there was a decrease in the crimerate by a total of 138 or 13 per cent. ' Therewas, however, a slight increase of 99 or 2 percent from 1969 to 1970.(d) Finally, from 1970 to 1971, the crime rate increased';!;Jy:atl:6ni:lluof1.I23:Jor':2·,per"cant. "Thedecrease in the crime rate in Mtunzini has beenattributed to stricter police control in thet ~area. Ever since a new police station wasopened in 1958,the number of the police hasbeen increasing steadily. Moreover, theirmethods of crime-detection have improvedtremendously resulting in the detection, clearingup and solving of many crimes. Since 1958,the radio patrol has been used more oftenin this area.Good results in crime-preventionare, therefore, at present being obtained bythe police. 12)11) Information obtained from the Staion-Commander of theMtunzini Police Station.12) Police at the Mtunzini Police Station confirm this.Accoridng to a number of informants also faction fightsand other forms of violence were very common before theestablishment of the University in this area. In factthe present chief in the area around the University wasonce deposed, for allegedly takin~ part in a factionfight (~e was reinstated in 1969).113 / •••••

- 112 -and Coloureds, on the other hand, constituteonly 2,85 per cent of the total population ofMtunzini. 11)Obviously then the factor of population is oneof the factors accounting for the high incidenceof crime among the Africans in this area.(c) It"emerges further from Table J that in the areaunder investigation, there has been no steadyincrease in crime from 1967 to 1971. In factthe reverse might be true. Thus it will benoticed that from 1967 to 1968, the crime rateactually decreased by 389 or 6 per cent. From1968 to 1969 there was a decrease in the crimerate by a total of 138 or 13 per cent. Therewas, however, a slight increase of 99 or 2 percent from 1969 to 1970.(d) Finally, from 1970 to 1971, the crime rate increased'pylaL

TA8LE 4.FREQUENCY OF THE DIFFERENT CLASSES OF CRIME AMONG THE AFRICANS. 1963-1968 13)OFFENCES AND YEARS'L 1963 - 64 1965 - 66 1966 - 67 1967 - 1968 INCREASECLASSES PROSECUTIONS CONVICTIONS 1963 - 1968A: SAFETY OF THE STATE 7,86 7,83 7.73 7,24 .2,48AND GOOD ORDER 18 544 18 811 20'212 . 25 145 19 004 460'..'B: COMMUNITY LIFE 22,94 2,2,07 22,29 25,04 21,38 I54 103 5'3 029 58 291 76 199 65 672 11 569Cl PERSONAL RELATIONS 29,58 29,17 27,26 26,74 ,5869 753 70 104 71 283 106 181 70 156 403.!D: PROPERTY 28,84 29,13 29,91 26,26 1,2868 021. 70 005 78 223 112 356 68 891 870. .E: ECONOMIC RELATIONS ,22 0,19 0,17 0,12 40,15518 449 435 405 310 208F: SOCIAL RELATIONS 10,56 11,62 12,65 14,59 53,72 ,24 904 27 931 33 070 44 727 38 283 13 379TOTAL 100,00 100,00 100,00 99,99 11,22235 843 240 329 261 514 365 013 262 316 26 473, 7 T ~, ,."_~'__ J.':: __ _ .................... ".j...:: ___ 10,..., 10£:0\ ....... .-1 ............. .:: .... .j...; ........... {,a£~ 10.t::'.D"'-~~..socio-economic c.imes among the Africans in South Africa was obtained from NICRO,__ .I. .: __ ........ +."",.,.j..Cape Town.114/.....

- 114 -5.4 Crime Patterns Among the Africans.5.4.1 South Africa: The distribution of the differentcYasses of crimes among the Africans is clear fromTable "4 for the period 1963/1964 to1967/1968:It emeDges from Table 4 that(a) The crimes showing the highest increase amongthe Africans are those in the Class F category.These are crimes involving social relations,namely road traffic offences and all offencesunder Act No. 13 of 1928. During the statisticalperiod 1963/64 to 1967/68, these crimes increasedby 53,72 per cent, 14) (Petty offences such as8antu Tax offences, would show an even higherincrease).(b) From the number of prosecutions reflected inTable 4, it becomes clear that the prosecutionsfor Class D crimes, i.e. crimes against propertyare the highest among the Africans. They totalled'i12 356 which represents 30,78 per cent of allprosecutions against the Africans during thestatistical period 1967-1968.Cc) An analysis of the conviction figures alsoreveals that crimes against property have thehighest incidence among the Africans. Thehighest rate of convicti~Jns was, for instance,in 1966/1967 (78 223) and it involved propertycrimes.(d) Class C crimes are also significant. In 1967/'1968, for instance, convictions for violationsof personal relations totalled 70 156 and14), It is interesting to note that the Class F crimes werenon7existent in the traditional Zulu society becausethere were no cars and therefore no traffic offences.115/...••

- 115 -constituted 27,13 per cent of all convictionsamong the Africans during the statistical period1967/1968.Clearly, then, the crimes for which the Africansare mostly prosecuted and convicted are thosein the Classes D and C, which relate to personalrelationships and property.(e)Violations of community life as represented byClass B also show a fairly high incidence.During the statistical period 1967/1968, therewere 76 199 prosecutions and 65 672 convictionsin respect of these crimes among the Africans.They constituted 20,88 per cent and 25,04 percent respectively.(f)Violations of social relationships, i.e. ClassF crimes, totalled 44 727 prosecutions and38 283 convictions (12,25% and 14,55%) respectively,during the statistical period 1967/1968.(g) .~lass A offences, i.e. those pertaining to thesafety of the state and good order gave a totalof 25 145 prosecutions (6,89%) and 19 004 convictions(7,24%) during the statistical year1967/1968.(h)Economic crimes are the least important crimesamong the Africans. During the statistical year1967/1968, they totalled only 405 prosecutions(0,11%) and 310 convictions (0,12%) which isstatistically insignificant.. 15)Although the conviction figuresavailable for Mtunzini,were notthere is every likelihoodthat the classes of crimes with regard to15) For the research in Mtunzini, the present investigatorrelied only on the police statistics taken out of theR.e.A. rbcords (S.A.P.l.).116 / ••••.

- 116 -prosecutions and convictions would follow thesame pattern as reflected in Table 4 in respectof South Africa.5.4.2 Classification of Offences in South Africa.Crime is divided by the Department of Statistics 16)into the following categories:.Class A: Crimes Against the safety of the stateand good order, embracing the followingsub-classes:Al. Public safety, order and peace.A2. Administration of justice and good order.A3. Public finance and revenue.Class B: Community life.Bl. Family life and care of children.B2. Indecent, sexual and related matters.B3. Liquor and drugs.B4. Other matters against community life.Class C:Personal relations.Cl. Life or body of a person.C2. Reputation and honour of a person.C3. Liberty.Class D:Property.Dl.Burglaries and related matters.D2. Theft from the person by force.D3. Stocktheft.D4. Other thefts.D5. Falsitas and related matters.D6. Other matters relating to property.D7. Animals.16) Code Li&t of Offences, S.28C., 1963 Bureau of Statistics,Pretoria, pp. 1-35117 I .....

- 117 -Class E:Economic Affairs.El.E2.E3.E4.E5.E6.Economy general.Agriculture, animal husbandry, etc.Mining and related matters.Manufacturing and construction.Commerce and business services•.Other economic.Class F:Social Relations.Fl. Road traffic.F2. Education.F3. Sports and recreation.F4. Preservation of Plants.F5. Welfare.F6. Health services. HGenerally speaking offences in South Africa areclassified into two broad groups, namely:The more important economic-sociological offences,andOther,.offences or contraventions of the law, whichfrom a sociological point of view, are of lesserimportance, such as essentially petty offences andmisdemeanours. 17) The data given in Table 4 coveronly offences of more socio-economic importance.It is clear that less serious offences such as influxcontrol offences, licence offences, Bantu tax offences,curfew regulations, Bantu (urban areas) ConsolidationAct, registration and production of documents byAfricans, known as infringements and classified abovecode number 500 are ignored by the Department.of17) Report No. 08-01-04, Statistics of Offences and ofPenal Institutions, 1967-1968, The Government Printer,Pretoria, 1971, preface.•118 I .....

- 118 -Statistics. 18)5.4.3 Mtunzini.Inspection of data in Table 5 reveals that:Ca) The crimes with the highest incidence among theAfricans in Mtunzini are contraventions of theliguor laws, such as illegal possession ofAfrican liquor concoctions. During the periodunder investigation, there was a total of 1 801crimes pertaining to the selling, brewing anddrinking of concoctions such as "isiqatha","isishimeyana", "gavini" and "umaconsana".Thesecrimss constituted 27,37 per cent~f allcrimes committed by the Africans in Mtunziniduring the period 1967 to 1971.If the total of 1 801 is broken down further,it emerges that 1 738 or 26,41 per cent ofthe grandtotal of 6 581 crimes were connectedwith the brewing of concoctions while 63 or3,55 per cent of the grandtotal were for thecrime of drunkenness.Cb) Violent crimes,. viz. murder, assault, factionfights, robbery,homicide,totalled 1rape, abduction, culpableresisting arrest and infanticide204 during the period under discussion.This constitutes 18,3 per cent of all crimescommitted by the Africans in Mtunzini from 1967to 1971.Cc) Traffic offences gave a total of 726 or 11,30_per cent of the total number of crimes committed18) Infringements classified above code number 500 and ignoredby the Department of Statistics increase the Africancrime figure. In 1971/1972 there was e.g. a total of132 264 cases of curfew regulations; 59 013 cases ofBantu tax; 277 393 cases involving the registrationand production of documents by Africans. See AnnualReport of the Commissioner of the South African Policefor the ·year ending 30 June, 1972, R.P. 23. 1973, p. 4.-ll9/.....

- 119 -TABLE 5.DISTRIBUTION OF TYPES OF CRIMES COMMITTED IN MTUNZINI, 1967_1971 19 )YEARSTYPE OF" CRIME 1967 1968 1969 1970 1971 TOTALNumber • 0 o a urn er 0 o a urn er 0 o a Num er 0 To a urn er ~ of lotalAbduction 2 0,2 - - - - - - - - 2Arson 11 0,66 2 0,15 3 0,26 3 0,24 4 0,29 23Assault 157 9,5.3 131 10,42 127 11,31 174 14,28 225 16,77 B14Bur~lar( 20 1,21 36 2,86 29 2,59 36 2,95 27 2,01 14BCon amp of Court 9 0,54 3 0,23 3 0,26 - - - - 15Crimes Pert. to Bantu Law 19 1,15 6 0,47 2 0,17 - - 6 0,44 33Culpable Homicide 6 0,36 - - 2 0,17 1 0,08 - - 9Curfew Regulations 280 17,04 15 1,19 5 0,44 25 2,05 55 4,10 3BODa9ga Laws 24 1,45 40 3,16 6 0,53 20 1,64 j" 19 1,41 109tscaping for Custody 9 0,54 6 0,47 9 0,08 4 0,32 9 0,67 37Faction Fights - - - - - -0- 13 0,96 13Failure To Pay Tax 112 6,80 157 12,40 204 18,2~ 120 10,06 68 5,07 541forgery 3 0,18 2 0,15 - - - - 4 0,29 9Fraud - - - - 2 0,17 - - 2 0,14 4Gambling - - - - 4 0,35 4 0,32 B 0,59 16Immorality Act - - - - - - 1 0,08 1 0,07 2Infanticide 2 0,12 - - - - - - - - 2Liquor Laws 362 21,93 n2 26,60 274 24,48 456 37,43 387 28,85 1 801MaL Dam To Property 6 0,36 17 1,34 3 0,26 6 0,49 14 1,04 46Murder 3 0,18 9 0,79 20 1,78 15 1,23 16 1,19. 63Non-Support of Children 1 0,06 2 Q~15 6 ' . 0,53 2 0,16 8 0,59 19Pass Laws 252 15,31 134 10,51 135 12,06 142 11,65 50 3,72 713Poss. of Dang. Weapons 19 1,15 16 1,27 6 0,53 7 0,58 6 0,44 54Prohibited Immigrants 28 1,07 7 0,55. 4 0,35 3 0,24 5 0,37 47nadio LicenceOfPences 12 0,72 15 1,20 1 0,08 - - - - 2BRape 11 0,66 9 0,71 12 1,07 13 1,06 15 I,ll 60Resisting Arrest 6 0,36 6 0,47 3 0,26 7 0,58 3 0,22 25Robbery • 16 0,97 13 1,0~ 15 1,34 6 0,49 18 1,34 68Stocktheft 17 1,03 18 1,43 22 1,96 12 0,98 17 1,26 86Then 64 3,89 52 4,13 57.: 5,09 58 4,76 6B 5,07 299Traffic Offences 76 5,22 153 12,09 109 9,74 137 11,24 251 IB,71 726Trespassing 88 5,34 44 3,5 18 1,42 52 4,43 97 7 t 23 299Other Crimes 31 1,88 42. 3,34 40 3,57 3~ 2,52 45 3,'5 190ITOTAL 1 646 . 1 257 1 119 1 218 341 6 581•19-) 'n-ita extrac~fe-Ofroml;h8 R.e.A. Records at the Mtunz~n~ Police Statlon. 1';16-(- 71. .

- 120 -in Mtunzini during the period under discussion.(d)Contraventions of the pass laws totalled 713 or10,83 per cent of the grandtotal during the periodunder discussion. During the statistical period1971/1972 20) the contraventions of pass lawsby Africans in the whole Republic of South Africagave a total of 277 393 prosecutions. The prosecutionsin Mturtzini during the same period were 50. Thisforms 0,02 per cent of all the prosecutions of passlaws by the Africans in South Africa during the period1971/1972.(e)Violations of curfew regulations in Mtunzini, totalled380 or 5,71 per cent; tresspassing, 299 or 4,54 percent and theft also 299 (4,54%) during the periodunder discussion.(f)(g)Those crimes referred to in Table 5 as relating toBantu law include all those created bythe BantuAdministration Act, No. 38 of 1927 and the NatalCode of Bantu Lawiwhich is applicable only to theZulus inhabiting Natal and Kwa-Zulu. 21) Such crimest ~ .include, inter alia, practising as an. "inyanga" withoutalicence, failing to comply with the Bantu Commissioner'sor chief's orders. These crimes totalledonly 33 (0,50%),which is insignificant.The category "other" in Table 5 includes crimes suchas fishing without alicence, cruelty to animals,failure to pay dog's tax, obstructing arailway line(Act No. 70 of 1957). These crimes totalled 190or 0,29 per cent of all the crimes committed bythe Africans in Mtunzini during the period underinvestigation.11t\20) These offences are not covered by the Report No. 08-_ 01-04. For this reason the investigator had to relyon the most recent statistics obtained from theAnnual Reports of the Commissioner of the South AfricanPolice.21) Natal Co~e of Bantu Law, No. R. 195, Vol. 25, 1967,. p. 1121/......

- 121 -5.4.4 Analysis of the Most Important Crimes in Mtunzini.(a) Drunkenness, Illegal Possession of Concoctionsand other Contraventions of Liquor Laws.,The fact that the contraventions of the liquorlaws had the highest incidence in Mtunziniduring the period under discussion makes itdifficult to resist the conclusion that oneof the most serious problems facing the presentdayAfricans in Mtunzini is the drinking problem.This is further evidenced bythe fact that theMtunzini criminal courts are everyday faced withexcessive loads of cases pertaining to thebrewing, possession, sale and drinking of22)"isishimeyana" or "isiqatha".Because of the seriousness of the problemscreated by the drinking, the sale and possessionof concoctions in Mtunzini, the investigatordeems it fitting to explain howis brewed."isishimeyana""IsiShimeyana"2i~ made from a~ixture of malt, wheat, brown sugar and water.This mixture is boiled and then allowed to brewfor one day. Thereafter it is ready for consumption.Naturally this is a much stronger drinkthan ordinary Zulu beer which takes much longerto brew.III"ISIQATHA" is made from "ISISHIMEYANA" by addingto it potato peels and aLlowing the mixture toboil for a long time. The peels are taken fromcooked and raw potatoes.The strongest concoction "IZINGODO" or "UMACON-22) According to .the Mtunzini Police and other informants~ in this area, these are the most common concoctionsbrewed and sold in this area.23) According to a number of informants this is a standardformula in this area ••122/•••

- 122 -SANA" 24) looks very much like dry gin orcane spirit or vodga to the naked eye. It ismade from "ISIQATHA" by means of a process ofdistillation as.follows: After the "ISIQATHA"has been made from "ISISHIMEYANA" as explainedabove, it is poured into a big pot or containerand kept there for·a day. A basin. is then placedorr the "ISIQATHA" mixture in the big pot orc,ontainer, which is Jhen closed by means of ap,otlid • .fire is made and the "isiqatha" isallowed to boil gradually for two to three days.The vapourflpllling from t,he potlid into, thebasin floati~gon the "isiqatha" is knpwn as"IZINGODO" or "UMACONSANA".I' ". .There is no doubt, .then, that the illicitli,quor, trade is rife in, .the area und,er investigatiqn.The consumption of liquor is highand the methods of drinking, are sometimes, 25) .clumsy.,,;_Y::~~i· " :-"i:"~The shebeen subculture is important in the case,ȯromur;Zj.pi l'l,!sp as t\1e folowing data: pertaining" IttPI the shebeens indicate., The police-estimatedthat, in,their,l'lrea there are abput forty-one"shebe~ns~distributedas fpllows: 26) ,, ".'-"jr·- IFifteen. are located at Gobandlovu, Khandisa 27)anP,,!'1an?f'lmnyama.Ten, are found"at• ,. d._ . '.'. ,4ikoshi, Qwayinduku,TONDO!IIIt!n'0Fand, ,Emoyeni. 0 "•. , .. '. '-..t , .. ,', --Five are located;: ;at Ekupulu~teni,and Khumbukhumbu,24)26)27)The word "UMACONSANA" is a noun derived from the verb"CONSA"i'meaning to ~rop slowly. Of the three words("IZINGODO", "GAVINI"), "MACONSANA" describes the concoctionbest.I~is quite common toseea person carrying 8 bottle ofbeer and/or carton of "i juba" (I SI PAKUPAKU) and drinkingat regular intervals as he walks along the road.This information was collected with the kind co-operation'of the Mtunzini Police.Khandisa is the "isigodi" in~which the University ofZululand is situated.123/.••..;'" o,>ḟ ,{.

- 123 -andOne shebeen is found at the Ncekwane area.The areas infested mostly with shebeens are,therefore, Gobandlovu, Port Dunford and Khandisa.(b)Contraventions of the Dagga (Cannabis) Laws.Closely connected with the contraventions ofthe liquor laws are contraventions of the daggalaws. Dagga is in most cases usually sold inthe shebeens. During the period under discussion,contraventions of the dagga laws totalled 109(1,66%). Of this total 90(82,5%) were committedby males whereas 19 (17,5%) were committed bythe females.,!To see dagga problem in Mtunzini in its properperspective, it is necessary to compare itwith the dagga problem in South Africa asa whole as reflected in Table 6.\ ijI1~,! iI:TABLE 6.\INCIDENCE OF DAGGA OFFENCESIN SOUTH AFRICA, 1972. 2B ),RACE TOTAL % of TOT1\L %of TOTALPODulation,Whites 2 809 7,4 26Coloureds 7 943 20,6 14 ,Asiatics 1 347 3,5 4Bantu 26 365...68,5 56TOTAL - 38 46ti 100% 100%.. .- ...... .. ..,i~'28)Annual Reports of the Commissioner of the South AfricanPolice for the year ended 30 June, 1972, R.P. 23 1973,p. 7;,.,;;124/. • • •• ,;:I

- 124 -The above figures give the impression thatthe contraventions of dagga laws are relativelyhighest among the Africans. In fact, the daggaproblem is so acute in Zululand in particularthat according to a Station Commander of abig police district in Zululand, the police haveinformation that dagga is smuggled to Cape Townevery"night. 29) This is probably due to thefact that Natal is one of the most prolificdagga-cultivating areas in South Africa. 30)Mtunzini forms part of the dagga-producingareas in Natal. The most notorious daggaproducingareas in Natal are along the bankSof the Tugela River and between the Black andthe White Umfolozi rivers.~_The greater parts. ... 31)tin these rivers cut through Zululand.In Mtunzini in. particular the most notoriousdagga-producing areas are the Mhlatuze valley,Ongoye and Mangezi. 32) Ongoye in particularis ahot-bed for dagga-producing mainly because,. .some parts thereof are .inaccessible by road.Itis extremelY,difficult for apolice van toreach the place. Ongoye has a fairly highrainfall and a1v~ryrich and luxuriant vegetation,factors which make it ideal far daggagrowing.Dagga at Ngoye is planted in betweentrees that grow wild and also in between bananatrees. In the police distr~ct of Mtunzini,the dagga-producing areas are also noted for31)32)Ndabandaba, G.L.:"Crime and the African",Crime,Punishment and Correction, Volume 3, No.2, June 1974, p.33Venter, H.J.: Kriminologie, ~raft Pers Bpk, Pretoria, 1966,pp. 136-137 refers to the "Inter-Departmental Committee onthe abuse of Dagga", which states, inter alia, that daggaflourishes in areas of high rainfall.ISee maps of Natal and Mtunzini, appendix AAccoroing to the Police and other informants, these areasare notorious for dagga growing in this area •.., 125 / .••••

- 125 -violence. The police have estimated thatduring the last three years, i.e. 1971/1972and 1973 about three tons of dagga were destroyedby the police.(c)Traffic Offences.The traffic offences committed by the Africansin Mtunzini during the period under discussiontotalled 726 or 11,30 per cent. The most commoncharges as revealed by the criminal statisticsinclude reckless or negligent driving, drivingwithout a licen6e, operating an unlicensedvehicle, overloading and conveying passengersfor a reward in a private car.In 1968 the total number of prosecutions fortraffic offences in Mtunzini was 153. Thecorresponding figures for the Africans inSouth Africa for the same year was 44 727prosecutions. This means that the Africans inMtunzini accounted for 0,34 per cent of allprosecutions for traffic offences in 1968.t ~(d) Pass Laws, Failure to Pay Tax, Curfew Regulationsand Prohibited Immigrants.All the above-named crimes have one feature incommon, viz, they all regulate to a greateror lesser extent the movements of the Africansin general.Pass laws which include, inter alia,failure to produce a reference book, defacinga reference book·etc., numbered 713 or 10,83per cent during the period under investigation.Failure to pay tax alone totalled 541 or 8,22per cent; contraventions of curfew regulationsnumbered 380 or 5,71 per cent, while the:transgressions of the laws regulating the influxof foreign Africans, who from time to time arearrested bythe police and deported for beingprohibited immigrants, totalled 47 or ,71 per~entduring the period under discussion.Altogether these crimes accounted ~or a total126/....

- 126of: 1.681 or 26per cent•.If the above situation in respect of Mtunzini ~is compared with the prosecutions for the AfriCan\in South Africa as.a whole,the following picture~emerges; The figures for. the statistical period1971/1972 reveal that there was a total of485 389 Crimes pertaining to pass laws, 8antuTax and curfew regulations 33) . committed bythe Africans~The corresponding total for theabove crimes in Mtunzini during 19.71 was 173,which is 0,04 per cent of all the crimes relatingto pass laws, curfew regulations and 8antuTax.~(e)Crimes of Violence.Thereti. no doubt that the most serious crimesare those which involve somedegreeiof physicalaggre~sion~ These crimes totalled 1 204 (18,3%)during the. period under investigation.The injuries: inflicted by such crimes are! •usually grievous and often irreparable.-.-"There is no wayto undo the damage done to achild whoee father is murdered or to a personwho has been seriously assaulted.And thoughmedicine may heal the wounds of a victim of arobbery, an the police mayrecover his stolenprpperty, they cannot rest:ore to him the feelingof personal security that has been violentlywrested from him.effects of aThe most damaging of theviolent crime is fear and thatfear must not be belittled" 34)Comparing the crimes of violence in Mtunzini33)34)Annual Re orts of the Commissioner of the South AfricanPolice for the ear ended 30 June 1972 R.P. 23 1973 ,Labuschagne,J.J.; "Crime in South Africa," in Crime,Punishment and Correction, Volume I, No. 2, November,1972, p. 8127 / •.••

I'ịliTYPES OFOF ASSAULTWEAPONS , .USED IN- 127TABLE 7.USED ANDMTUNZINI,THE METHOD196~_1971'35)WEAPON OR METHOD YEARSTOTALOF ASSAULT USED 1967 196B 1969 1970 1971HAMMER 2 1 - - - 3FIST 15 11 13 11 7 57CANE KNIFE 20 11 16 25 19 91KNIFE . 44 36 41 31 41 193BUSH KNIFE 9 - - - 2 11STICK 55 52 33 44 41 225BOTTLE 1 5 1 1 2 10KNOBKERRIE 16 3 5 5 6 35'STONE 3 2 2 2 1 10iHANDS 11 5 4 3 1 24'TEETH 3 - 1 1 - 5:IRON 5 2 4 4 1 16IHOE _ 1 1 - 1 1 4,PLANK 1 - 2 - 1 4.SHARP INSTRUMENT 2 2 5 4 6 19'SCREW DRIVER 1 1 - - - 2-BOILING WATER 1 1 - - - 2SHAMBOCK 1 - 2 1 1 5BOOTED FOOT 1 - 3 1-5'WIRE 1 - - - - 1MUG - I. - - - 1AXE - 2 2 - - 4SAW - 2 - - - 2ASSEGAI - 2 5 1 1 9POT 1 2 3GLASS - 1 - - - 1,.FIRE 1 - - 1SHOES 1 - 1 1 3REVOLVER 5 1 6BLUNT INSTRUMENT 1 1RING FORCE 1 - 1PANGA - 1 1PLIERS 2 - 2CROWBAR 1 1 2PIPE 1 1 2F:INGER NAILS - - - - 1 1UNKNOWN INSTRUMENT - - 2 - - 2{•35) Data extracted from the R.C.A. Records at the MtunziniPolice Station, 1967-1971.'II~.~II1I~I128/. • • •• ;\

~'~ ..- 128 -with the crimes of violence among the Africansas a whole, it becomes clear that the Africansin general contribute an exceptionally highpercentage of the total prosecutions andconvictions for violence as the followingstatistics for 1967/1968 will illustrate.During this period alone, there was a total of98~97 prosecutions and 66 769 convictions forassaults only among the'Africans. In Mtunziniduring the same period, the total number ofprosecutions for assaults among the Africanswas lJl. This constitutes 0,13 per cent ofall prosecutions for assaults in respect ofthe Africans in South Africa during thestatistical year 1967/1968.From the records at the Mtunzini Police Station,it transpired that in the commission of thecrimes of violence, the knife was the mostWidely used weapon. In view of the fact thatthe knife was not the only weapon used, itis fitting at this juncture to examine theI •weapons most commonly used by the Africansin Mtunzini in the perpetration of violentcrimes. The kinds of weapons used are reflectedin Table 7.iIThe following sipnificant facts emerge from! Table; 7: )i' Onthe b£SiS of the' types of weaponsused, the crimes of violence may be groupedinto cases in which the assailant eitherpunched, kicked, tripped or pushed the Victim;cases in which a sharp instrument was used,and finally cases in which awas used •blunt instrument•

The- 129 -variety of weapons and methods used inthe commission of violent crimes against theperson are legion, ranging from the use ofparts of the body such as teeth and fingernails,to utensils such as mugs and evenfirearms.Even this wide range of weaponsreflected in Table 7 does not complete thesinister list, because it only refers toweapon~ used during ~specific period, ~.e.1967-1971. Nevertheless, this variety ofweapons used forms a remarkable contrastto those used in traditional times.The knife has gained more popularity than thestick, which, as has been explained, was usedmostly in traditional times. Whereas the knife(including the cane knife) was used 295 times,the stick (including the knobkerrie) was used260.times during the period under discussion.The use of the f~stChas also become a fairlypopular method of assault as reflected inTable 7.t .. -~The sharp instrument in Table 7, where it isnot a knife,probably refers to the so-called"NTSUMENTSHU", the use of which has been describedin Chapter 3.pp. 73 and 75 and Chapter 4, p.95.(f) Property Crimes (Class D)The most important property crimes in Mtunziniinclude theft, housebreaking, arson, maliciousdamage to property, fraud and forgery (falsitas).These crimes totalled 529 or 8,04 per cent duringthe period under.discussion.Taking once more the period 1967/1968 forcompai'itive purposes,it emerges that the prose­. cLJtions for property crimes among the Africans130/••.•".

- 130 -totalled 98 184 while the convictions numbered58 339. The corresponding number of .prosecutionsin Mtunzini for the same period was109. This constitutes 0,11 per cent of allprosecutions for property crimes among theAfricans for 1967/1968.(g)stocktheft ••the total number of prosecutions for stocktheftin Mtunzini was 86 or 1,15 per cent.If theabove prosecutions are compared with the totalnumber of prosecutions for stocktheft amongthe Africans in South Africa forthe year1967/1968, it emerges that there were 13 238,prosecutions and 8 796. convictions.corresponding total for the Africans inMtunzini for the sameTheperiod was 18, which is8,14 per cent of all prosecutions for stocktheftbythe Africans in South Africa duringthe period 1967/1968.(h) Sexual Crimes (Class 8).The sexual crimes reflected in Table 7 ascommitted by the Africans in Mtunzini totalled66 or 1 per cent. These include abduction, rapeand contraventions of the Immorality Act, ActNc. 23 of 1957.Adultery which is no longer a crime accordingto the law of the land 36) is neverthelessstill a crime in terms of 8antu law. 37)Although the incidence of adultery was nothigh, the police do cha~ge the Africans foradultery from time to time. The total numberof prosecutions for adultery was 14 or 0,21 percent during the period under discussion.36)37)Green v. Fitzgerald, 1914, A.D., p. 88. In this caseit was decided that adultery as aby disuse. .crime had been obrogatedSee Sect~on 162 (1) of the Natal Code of Bantu Law,No. R. 195, Volume 25, 1967, pp. 30-31131/.••..

- 131 -During 1967/1968 the Africans in South'Africaas a woole were responsible for a total of6 923 prosecutions for sexual crimes and3 485 convictions. The corresponding total forthe Africans in Mtunzini for the same periodwas 9 prosecutions for sexual crimes which is0,13 per cent of all prosec~tions for sexualcrim~s by the Africans in South Africa duringthe periDd 1967/1968.5.5 Summary.Ananalysis Df the present extent Df crime hasrevealed that the crimes cDmmitted by' the Africansin modern times, even in rural areas, are radically.different frDm thDse found in the Dlden days, not onlyin extent, but also in their nature as well as theircauses.The crimes with the highest incidence areviolations of personal relations (Class C crimes)and crimes against property (Class D crimes).Theseare fDllowed by violations pertaining to commun~ty,(Class B crimes); violatiDns Df social relations(Class F crimes). ECDnDmic crimes shDW the lowestincidence. ,. Crimes relating to social relations havethe highest rate of increase amonggeneral.the Africans inPetty offences such as influx cDntroloffences, Bantu tax offences, violations of curfewregulations and other infringements classified abovethe Code Number 500 and ignored byStatistics, would have shownthe Department oflifethe highest incidence aswell as the highest rate of increase if they had" beenincluded in the report issued by' th~Statistics. 38)Department ofObviously the crimes discussed in this chapter werenot all found in the traditional Zulu society.offences (Class F crimes) are a good example. The38) The report referred to here is RepDrt No. 08-01-04,Statistics of Offences and of Penal Institutions,1967-1968, The Government Printer, PretDria.Traffic132/•••• "

- l32 -crimes mentioned and analyzed in this chapter as beingcommon among the Africans in modern times illustratebeyond all doubt that the nature and course of crimesare no longer what they were in the old traditionaltimes.133/••••.

CHAPTER 6.THE AGE FACTOR IN CRIME.6.1 Introduction.:A realistic assessment of the problem of crime inany community is far from complete unless some~onsideration~s given to the basic characteristics,~hapter~f~he offenders such as the age factor. In thisthe significance of the age distribution ofurime will be examined with reference to the Africans~n South Africa in general, and in Mtunzini in particular.6.2 ~Si9nificanceof Age.Age is an important factor in determining the typeof- crime committed, though it is a neutral concept~hich acquire~ criminological significance only ini~teraction with environmental factors. The biologicaland psychological changes that man undergoes in the course~f years effect changes in his interests, his sense of·values and his orientation, all of which considerablyhelp to direct and colour his conduct. Factors thatcause crime~o not influence man equally at all ages. 1)As far· back.as .1831, ;Quetelet,.2) the Belgian statisticianand criminologist, contended that age was the mostimportant causal factor in crime, that at certain periodsof the life criminal tendencies were stronger than atothers and that certain periods of life followeda specific sequence. Thus said Quetelet, man's earliest~rimes were crimes against property, then as man comestb full strength and maturity, he commits crimes ofviolence. Immorality offences reach thei~ peak during.puberty and occur again towards the end of life. 3)1) Vpn Hentig, H.: Crime, Causes and Conditions, Mc-Graw­Hi~l Book Company, New York, 1947, pp. 140-1452) Van Bemmelen, J.M.: Criminologie, Leerboek derMisdaadkunde, N.V. Uitgewers-Maatschappy, Zwolle,1952, pp. 222-2243) Ibid., pp. 222-224,134/•.•••..

- 134 -6.3 Age and Criminal Liability.In South African Criminal law an infans is held tobe incapable of committing a crime or doli incapax. 4)~fter completion of the seventh year and until completionof the fourteenth year, the child is presumedto be doli incapax,bbt this presumption is rebuttable. 5)Thus the same person may, for instance, steal a car atseven and again at twenty-three years .of age. Both.acts may be identical, but legally and socially,they are not, for the former is a delinquency whilethe latter is a crime, because technically a persondoes not commit a crime until he reaches the agewhich has been set by the state. Both these factorsayein terms of the life cycle of the individual andthe arbitrary legal designation- are important inexplaining the subject of age and criminality. 6)6.4The Socio-and Psycho-criminologicalI~ analyzing the ages of offenders,ought to be borne in mind:Significance of Age.the following factors 7)I'First,· age refers to the different stages of organicevolution and involution through which the individualpasses from birth to death.Secondly, age is important, not as a matter of chronology,. but as a characteristic of an individual's relationshipsto. the whole of society. Age as chronology is but theinvention of man in counting the grow~h of a personin time and is arbitrary. The essence of age is thatit is an index for indicating the iridividual's socialposition. Basically then Bge is merely an attribute~f an individual, the same as his weight, and not acause of his actions.Thirdly, age is a convenient statistical device used;4) Hoffmann~L~H.:The South African Law of Evidence,Butterworths, Durban, 1970, P' 3'6HIbid" p. 368Von Hentig, H.: op.cito, pp. 129-131Ibid., p~••29-131 135/•••• , •

- 135 -to classify and to enumerate individuals quantitatively.Under a designated age, a person is considered ajuvenile delinquent, supposedly incapable of committingacrime.iIt is important also to bear in mind that for thepurpose of cri~estatistics and in order to drawconclusions based on mass phenomena,criminals areclassified according to age only, without taking intoconsideration whether the individuals concerned havereached the ordinary stage of development commonthat particular phase of life. 8)toAs the individual passes through his life cycle, he,in effect, moves through a sequence of subcultures,each with it~ own patterns of approved conduct. Someof these subcultures are more difficult to live inthan in others. An individual's age is thus animportant sociological characteristic, which carriesin its train particular values, attitude~ goals andproblems.Age is also important in determining the type of crimecommitted.This is because the attitudes, interestsand other personality attributes vary at differentstages of development. Consequently, the opportunityto transgress the law as well as the incidence ofcertain forms of crime are not the same for all agegroups.For this reason, certain crimes, from theirvery nature, cannot be committed byfactual or legal reasons.~juvenile forA juvenile cannot, for example,be arrested for bigamy or non-suppdrt of children.Having notraffic offences.licence, he is theoretically denied manySince he is lacking in:technicalskill, it is arduous for him to commit forgery orcounterfeiting. With no "amount of money entrustedto him, he cannot easily commit embezz1ement. 9 )8 ) Ibid•• p. 1459 ) . I bid., pp. 142-145136 / •••••

- 136 -Puberty and post-puberty, being periods of greateremotional tension and friction, are more like~y tocause deviant behaviour in its various manife~tations,including crime. During his youth, the individual hasmore opportunities for falling into crime than in hislate~life. As man ages and his life becomes moresettled, social and cultural factors and institutionsin the commu~ity have a more-stabilizing effect onhim. His character and his life become steadier andhis behaviour is directed towards greater stability." ---- The older we get and the more the socia~ institutionsgrip us, the more we reach a point of character,stabilization and the less we can tear loose from10) Imoorings of institutions and'character stability".A number ofdriminologists have shown that the youngerage level s,a

-137 -before the last war as at about 20-24 years for bothsexes, with a sharp decline from then up to 40 yearsand a less marked one from 40 to 60 years.TheItalian figures for the period 1950-1956 show,for both sexes together, per 1 000 of population, aneven sharper rise from 0,71 for the 14-18 group to thepeak of 4,61 for the 18-21 group and adecline to3,43 for the 21-25, ~ising again to 4,07 for the 25-30 group, and thereafter a slow, but persistent declineto 2,B7 for 40'-50, 1,96 for 50-60, 1,09 for 0-70, and'. 14)0.. 45 afterwards.Venter 15) in an analysis of the ages at which 550recidivists, .arid ,140first-offeriders'went .to.trialrevealed-that:(a)The highest crimegroup 17-18 years.per cent had stoodthe very beginningFor first-offenders17,9 percent.percentage fell into the age­Of the 550 recidivists 45,1trial as juvenile offenders atof their criminal career.the corresponding figure was!(b) The number of convicted juveniles among the recidivistsrises rapidly from their tenth year andreaches its peak about the sixth year.(c) One third of the 550 recidivists and 140 firstoffenderswere sentenced for the first-time atthe ages 19-20 years, with the peak at 19 y.earsfor the recidivists and at 21 years for the firstoffenders.- (d) The percentage of first convictions remains fairlyhigh in the age-group 25-29 years, but from theage of 30 years, there is a considerable decreasefor first-offenders.14)15)Mannheim, H.:Venter, 1-I.J.:pp. 140-141op.cit., pp. 6BO-681Residivisme, H.A.U.M.,Cape Town,,1966,13B/•••••

\•\II-138 -Freed 16) states that although the figures relatingto the age distribution of the criminal subjectshe investigated, were inadequate from thepoint of view of statistical analysis, it appearsthat the centre of gravity for juvenile delinquentsfalls between 18 and 19 years. Most male offenderscommit crimes between the ages of 20 and 29 yearsand offending females commit crimes at the considerablyhigher age of 30-39 years.6.6 Distribution of Crime According to Age in South Africa.The distribution of crime according to age-groups inSouth Africa is reflected in Table 8referring to agegroupsadmitted into prisons during the year ended30 June 1973.16) Freed, L.F.: Crime in South Africa, Juta, Cape Town,1963, p. 17135 I .....\\I\\I'

""-,-..-...;...;....,-".,",_\ t

140 -An analysis of the data in Table B reveals thatthere was a total of 364 200 people of all age-groupsadmitted into prisons during the year ended 30 June 1973.(a)The total for the Africans, both male and female,was 302 447 which constitutes B3,04 per cent ofall admissions.(b)The centre of gravity for crime among all racesin South Africa fell between the age-groups21-29 years.(c)Crime decreases as age increases.6.7 Crime According to Age-Groups in Mtunzini.In analyzing the police statistics of crime for theMtunzini area, the investigator noticed a few isolatedcases where offenders did not know their ages. Thiswas due to illiteracy and is of little statisticalsignificance.The incidence of crime according to age-groups forthe area of inv,estigation is accordingly given inTable 9.,It em~rges from Table 9 that:(a)Criminality in Mtunzini begins in early childhood,increases during adolescence and young adulthood;decreases during adulthood and virtually disappearsin old age. 19)(b)The age-group B-IO years was responsible for onlya small total of 6 or ,1 per cent during the periodunder discussion. Thereafter, there was a gradualincrease in crime from the age of 11 years to theI,:i19} For purpose of Table 9 childhood = B-12 years; adolscenceand young adulthood = 13-24 years; maturity or adulthood= 25-60 years and old age = 61 years and over.141 / " ••'.

- 141 -TABLE 9.Age Distribution of Crimes in Mtunzini, 1967-1971 18)AGES...-1967 1968 1969 1970- - .1971 TOTAL8-10 - 1 - 1 4 6.11-15 22 8 22 15 14 8116-20 172 158 134 180 218 86221-25 314 243 222 208 280 1 26726-30 292 259 244 259 276 1 33031~35 211 145 134 82 184 75636-40 267 213 135 180 184 97941-45 165 83 95 135 84 56246-50 126 91 79 81 67 44451-55 43 24 22 32 13 13456-60 24 22 19 28 12 10561-65 10 6 7 6 4 3366-70 - 3 2 9 1 1571-75.- - -.. -2 2 476 & over - 1 2 - - 3TOTAL 646 1 257 1 119 1 218 1 341 6 581.,I I18) Data systematized in this Table illas extracted from theR.e.A. (S.A.P.I.) records at the Mtunzini Police Stationfor the years 1967-1971.142/•.••."

.;. 142 -15th year. This wa followed by a sharp rise fromthe 16th year, namely from a total of 81 .(1,23%)in the age-group 11-15 years, to a total of 862(13,1%) in the age-bracket 16-20 years. The juvenilesas a whole, i.e. those below the age of 21 years,accounted for a total of 949 crimes or 14,42per cent during the period under discussion.Cc)(d)(e)This could mean either that although juveniledelinquency is prevalent in this area, it doesnot constitute a serious problem, or that theparents are not always eager to report theirchildren to the police.The latter explanationis more likely to be the correct one.In the trueZulu (African) tr~dition, for instance,it wouldbe quite anomolous for parents to report ato the police, unless~was an extremely serious one. 20)childof course, his transgressionA parent whogoes to the extent of handing his child over tothe police is regarded as failing to disciplinehis child in the culturally accepted way. 21),: ...There was another sharp rise from the 21st yearso that in the age-group 21-25 years, the totalwas 1discussion.267 or 19,3 per cent during the period under,The age-group 26-30 years accounted for the highesttotal of all the age-groups in fiu~years, namely1 330 or 20,2 per cent. While the centre of,gravity for crime in South Africa as a whole isin the age-group 21-29 years, the centre of gravityfor crime in Mtunzini is in the age-group 26-30years.20)21)(f) There was a sharp decline in crimes from theThis matter is regulated, inter alia, by section 41of the Natal Code of Bantu Law, Volume 25, No. R 195,1967, The Govt. Printer Pretoria.Accordlng to a number of informants it is unbecomingto take a child to the police. The parents must tryand discipline the child themselves.143/•••.•I

- 143 -31st·year, namely from a total of 1 330 crimesin the age-group 26-30 years, there was a sharpdecrease to a total of 756 crimes or 11,5 per centin the age-group 31 to 35 years. Thereafter, thetotals fluctuate until a final decline in crimeis reached in the age-group 51 to 55 years. Thisdecline contiunes into old age, until in the agegroup76 years and over, a small total of 3 crimes(0,5%) is reached.(g) Clearly. then, the life span 16 to 50 years is ofcriminological significance in Mtunzini. Individualsfalling in this age-group accounted for a totalof 6 200 crimes or 94 per cent during the periodunder discussion.Ch)A more detailed analysis shows that the age-group36· to 40 years committed more crimes than the agegroup31 to 35 years. ~hile the former was responsiblefor a total of 979 or 14,9 per cent,the latter accounted for a total of 756 crimesor 11,5 per cent. The.age-group 51-76 years and,'over, accounted for a total of only 294 crimes or4,5 per cent of the crimes committed during theperiod under investigation.The decrease in· crime in the older age-groupsis due to the fact that the older person usuallyretires from the active struggle in life, includingcrime. Especially among the Zulus (they form themajority of~he African population in Mtunzini),the aged is actually given a iot of respect,because he is regarded as a mediacor and a mouthpieceof the living young to their ancestors (ABAPHANSI). 22)Undoubtedly, the~ the laws of organic growthand decline have something to do with the relationbe t ween age an d • th e l.ncl. . . denceof crl.·me. 23)Krige, E.J.: The Social System of the Zulus,Shooter, Pietermaritzburg, 1965, pp. 283-285Von Hen~g, H.: op.cit., pp. 140-145Shuter and144/....•

- 14'~TABLE 10CONVICTIONS ACCORDING TO AGE AMONG THE BANTU IN SOUTH AFRICA, 1967 _ 1968 24 )AGE IN YEARSCLASS AND OFFENCETCT:\L7-17 Y£ri;IS 18-20 YE ARS 21 YEARS AND OVERAl. Public safety, order and peace 754 1 228 4 274 6 256A2. Administration of justice &good order 466 1 480 I9 637 11 583A3. Public finance arid revenue 9 44 1 112 1 16581. Family life & care of children 3) 136 2 168 2 33782. 1ndecent I sexual & related matters 501 803 " 2 181 3 48583. Liqucr and drugs 1 7% 6 949 46 149 54 88884. Other matters against comminuty life 278 593 4 091 4 962Cl. Life or body of a person C, JC4 11 451 51 956 69 711C2. Reputation & honour of a person 20 43 110 173C3. Liberty 25 62 185 27201. Burglaries 4 related matters 3 314 2 482 5 527 11 32302. Theft from the person by, force 798 1 429 2 623 4 85,0D3. Stocktheft 1 223 925 6 648 8 79604. other Thefts 7 37C 7 384 23 678 38 432D5. Falsitas & related matters 72 148 881 1 101-t:-06. Other matters relating tp property :;;IU603 2 336 3 68907. Animals 149 80 471 7CCEl. Economy general - 9 9E2. Agriculture,animal husbandry, eto - 1 3 4t3. Mining related matters 4 15 267 286£4. Manufacturing & construction 5 ,5E8. Other economic - - 6 6FI. Road Traffic • 790 2 544 34 891 38 225F6. Health Services - 1 57 58.•. .TOTAL 24 650 38 401 199 265.262 31624) Report Nc. 08-01-04. Statistics of Offences And Of Penal Institutions l1967-1968, The Government PrInter, Pretoda, Tables 9. 7and 9.8, pp. 127-137.145/•••••••

- 145 -6.8 Specific Crimes According to Age.The above discussion has shown the comparative frequencyfo crime in the different age-groups. In the followinganalysis the investigator will examine the specificcrimes according to age as well as the changes in thetypes of crime with advancing age"with particularreference to the Africans in South Africa and Mtunzini.6.~:iSouth Africa.The general trend of 'specific crimes according toage among the Africans in South A"frica is reflectedin Table 10 which reveals that:, .(a).~" -,In the age-group 7-17 years, the Africans areconvictedmostly of crimes against property.During the staffsffcBl period 1967-1968, therewas a.total-of 13 676'con~ictions (19,85%.of all convictions during the statisticalperiod 1967-1968).Other classes of crime are relatively unimportantin t~~s age-group as illustrated by the following:violations of social relations gave a total of790 convictions and accounted for 0,3 per centof all convictions for Class F crimes duringthe statistical period 1967-196B (this is statisticallyinsignificant).(b) - In the age-group IB-20years, the most importantcrimes in order of importance are crimesagainst property, totalling 13 051 convictions(lB,94% of all convictions for Class D);Class C crimes, i.e. violations of personalrelations; with a total of 11 556 convictions(16,472% of all convictions for Class C crimes)and finally violations of community life (Class B),totalling 8 481 convictions and accounting for­12,914 per cent of all convictions in respectof Class 8 crimes among the Africans during thestatistical 'period 1967-1968••1467.. · ...

TABU': 11,AGE DISTRI8UTIDN Df OffENDERS IN MTUNZINI ACCORDING TD TYPE Of OffENCE COMMITTED 1 1967_1971. 26 )type of - ! AGES Of OffENDETHEft 22 3 17 1 17 9 14 S lS 5 10 2 17 3 24 2 8 7 2 - 25 2 12 2 3 2 16 8STOCKTHEfT 2 - 2 1 - - 3 -.1 3 5 - - 3 4 - 4 - 4 1 10 - 12 - 17 1 S -'·I.r. TO PROPERTY 2 - 2 - - - 1 1 3 - 3 - - 3 2 - 2 - 5 _ 6 _ 8 4 1 - 1 1ARSON 1 - - - 1 - 1 - - - 2 - - - 2 - 2 - - - 9 - 2 - - - - 3HOUSE8REAKlNO 29 - 28 - 25 - - - - - 4 - 25 1 14 _ - - - _ 9 _ 5 1 1 1 - 3TRESSPAsSING B 4 10 - 1 6 6 19 10 21 11 20 14 2 1 4 11 lS 27 20 17 29 13 4 2 2 3GAt18UNG - -, - - - - - - 3 - - - - - 2 - 1 - 4 - - - - - 2- 3fORGERYROB8ERY,-6---4-1-3-•-2--12--•-. S---213-7--_4__29__LIQUOR LAWSDAGGA LAWS712 23- 1S-S 10 131 _ 37-954 SB- lS30 34 50 45- B 1 10 7B1 54B25563_PASS LAWS 47 7 12 1 17 • 14 - 13 - 69 13 53 1 56 - 62 - 17 -CURfEW REGULATIONS BD 3 4 - - - 3 3 14 9 50 15 3 3 2 1 7 5 8 11tlURDER 1 - 1 - S • 1 - 2 - - - 2 _ _ - 9 - 7 _ASSAULT 31 6 9 7 19 3 30 13 16 10 26 lB j3 4 39 lB 60 11 12 1RAPE 1 - 1 - 3 - 1 - 7 - 2 - 2 - 7 - 6 • 3 _A8DUCTION • - - • - - - - • - 2 - - - - • - • - -CULP.HOMICIDE - - - - • • - - 2 - - - - - - - NON.SUPPORT e, CHILOREN - - - -- - - • - - - - - - _ - 2 _ 1 _CR. PER. TO BANTU LAW - - - - - - - - - - 1 - - 1 1 - - _ 2 2RADIO LICENCE - 1 - - - - - - - - 4 2 1 3 1 - - • - -TRAFfIC OffEN2E. 11 4 2B - 2 - 13 '. 40 - 12 6 7 - 31 1 SO - 72 -POSS. Of DANG. WEAPON 8 - 3 - 1 - - - 3 - B - 4 - 4 - 1 • 2 ­ESCAPING fROM CUSTODY 2 - 3 - 1 1 3 - 2 - 2 - 2 - 6 - - • 4 6IMMORALITY ACT - - - - - _ - - - 1 - - - - - - 1 - - -fRAUDPROHI BI1ED IMMIGRANT-2 - - - --- - - - --1-3-2-_1- -1- --1--,RESISTING ARREST - - 1 _ _ _ - - - - - - 3 - 3 - 2 - 3 -EONTEMPT Of COURT - _ - - - - - - - - 3 - 1 - 3 fAILURE TO PAY TAX 13' _ 13 - 17 - - - - - 17 - 2 - 89 28 INfANllCIDE _ _ - - - - - - - - - 1 -1- - - - - - -fACTION FIGHTS - - - - - - - • 3 - • - - - - - - - 9 -OTHER CRIMES 9 - 4 13 8 • 6 2 4 2 6 4 9 3 12 - 10 4 12 -TOTAL3 ­5 •57 986 2OB 806 162 -sa 16B •4 ­1 ­16 24 13S 83 ­5 -1386 10424 663 42 ,)67S6,2S8789l20 2 56 - 2682 -281110 I 2lh33175102'2621154421617511149B1972 1761131 c 7 J-1663-4560- 61-1746114119'1IM. 1 F.25 118 -12 -lS 41 -1 -7 ! ­13612/J263 •- S -- , -i-a. 110I12 17 1-72 i 45] ­- !-- 1-7 1­2 :-4 -- :-o1:,.. i-I39i­1 -3 '-- .1 ­: _ ~4 1 3TOTAL2998646231482991696BlB01109713'BD 638146029193J2B726543724472515S412131906 5Bl26) Data extracted from the R.e.A. Recorda, Mtunzini Police Station, 1967-1971.147/ t t. t.

- 14·7 ~ •(c)The age-group 21 years and over has the highestnumber of convictions in respect of all classesof crime. The crimes with the highest incidencein this age-group are violations of communitylife (Class 8) which gave a total of 54 589convictions and accounted for 83,12 per centof all convictions for Class 8 crimes amongthe Africans during the statistical period·1967-1968.Violations of personal relations (Class C)totalled 52 251 or 74,48 per cent of· allconvictions for Class C crimes among the Africansduring the above-named period.Crimes against property (Class D) totalled42 164 convictions and were responsible for61,204 per cent of all convictions for Class Dcrimes among the Africans during the statisticalperiod 1967-1968.Also~~portant in the age-group 21 years andover are violations of social relations (Class F)and crimes pertaining to the safety of thestate and good order (Class A). They totalled34 948 (91,39%) and 15 023 (79,052%) respectivelyofal~ convictions for Classes F andA Crimes during the statistical period 1967­1968.Finally, economic crimes, as represented bycontraventions of the insolvency laws, offencesrelating to the Companies Act, Act No. 61 ofl21l and illicit traffic in gold and diamonds,have the lowest incidence among the Africansin all age-groups. I n all age-groups ther'e wereonly 310 convictions (0,118%· which is statisticallyinsignificant) for Class E crimes ••148/•••••

- 148 -6.8.2 Mtunzini.An analysis of the data in Table 11 reflecting theage distribution of offenders in Mtunzini accordingto type of. offence, reveals the following importantfacts:(a) The age-group 7-20 years 25)The distribution of the different classes ofcrime among the Africans in this age-group inMtunzini shows that:Crimes against property (Class D) constitutethe majority of crimes. They totalled 232 or3,53 per cent of all crimes committed by theAfricans in Mtunzini during the period under'discussion.,Violations of personal relations are the nextimportant group of ciffences in this age-groupin Mtunzini. These crimes numbered 164 andaccounted for 2,49 per cent of all crimes committedby the Africans in MtJnzini during theperiod under investigation., J ~Finally, violations of community life gave atotal of 139 or 2,11 per cent of all the crimescommitted by the Africans in Mtunzini duringthe period under discussion.Crimes pertaining to the safety of the stateand good order show the lowesp incidence amongthe Africans in this age-group in Mtunzini.They totalled only 15 and accounted for 0,23per cent, which is statistically insignificant.(b)The Age-Group 21-29 years.In this age-group violations of community life(Class B), constitute the majority of crimesamong the Africans. They totalled 582 and25) In the ~ase of Mtunzini, the. age-groups 7-20 years; 2~-29over, respectively.investigator used theyears and 30 years and149 I .....

- 149 -accounted for 8,84 per cent of all crimescommitted by the Africans in Mtunzini during theperiod under discussion.Violations of personal relations gave a totalof 350 and were responsible for 5,32 per centof all crimes committed by the Africans in Mtunziniduring the period under investigation.Finally, violations of social relations numbered219 and accounted for 3,33 per cent of all crimescommitted by the Africans in Mtunzini duringthe period under discussion.(c)The Age-group 30 years and over.The following crimes are important among theAfricBRsin this age-group in Mtunzini:Violations of communi~y life are the most commoncrimes in this age-group. They gave a total of1 271 and constituted 19,31 per cent of allcrimes committed by the Africans in Mtunzini'.during the period under discussion.Violations of social relations totalled 409and represented 6,21 per cent of'all crimescommitted by the Africans in Mtunzini during theperiod under discussion.Violations of personal relations gave a totalof 363 and represented 5,52 per cent of allcrimes committed by The Africans in the areaof investigation during the period 1967 to 1971.The total for crimes against property was 227i.e., 3,45 per cent of all crimes committed bythe Africans in Mtunzini during the periodunder discussion.Crimes pertaining to the Safety of the state•150 I ... .. ;0..

- 150, - "and good order, gave a negligible total of48 (0,73%) which .is statistically insignificant.It is clear from the above exposition that theage distribution of crime among the Africans inMtunzini follows more or less the same patternas that for South Africa. This is illustratedby the (act that the youth both in South Africa(7-17 years) and in Mtunzini (7-20 years) commitmostly crimes against property.6.9 Summary.Right through this chapter, it has become evident thatage is an important factor in determining the type of 'crime committed.Among the Africans in South Africain the age-group 7-17 years, the most common crimes intheir order of importance 'are crimes aga.inst property (Class 'D.)j"' :and violations of social relations. Economiccrimes are not important in this age-group.The agegroup18-20 years follows the same pattern of theAfidistribution of crimes with the exception that violationsof personal relations arid violations of community life,I •arealso important in this age-group. In the age-group21 years and over, the Africans commit mostly violationsof community life, crimes pertaining to personal relations,crimes against property and violations of socialrelations.The distribution of the different classes of crime amongttie Africans in the va.rious age-groups in Mtunzini followsmore or less the same pattern as described above. In theage-group 7-20 years, the order of importance is as follows:crimes against property, violations of personal relationsftnd violations of community life. ,In the age-group 21-29 years, the order of importance is the following: violationfof community life, violations of personal relations andviolations of social relations. Finally, in the age-group30 years and over, violations-of community life; violations..of social relations, violations of personal relationsandcrimes against property are the most importantcrimes.151 / •••••

CHAPTER 7.Sex Differences and Crime•7.1 Introduction: the question of the differentialliability to cri;e.of males and females may be studiedaccording tq age-group over a period of years. Thesex incidence of crime is accordingly examined in thischapter.7.2 Offenders by Sex.Crime whether considered in terms of persons arrested,convicted or imprisoned, is essentially a maleprerogative.l) Referring to this tendency, Lunden 2)says that with only a few exceptions, about 90 per centof all persons arrested are men and only 10 per centare women. He later points out that most crim~s arecommitted by men between 20 and 30 years of age. 3)The exact distribution' of men and women in crimedepends,however,onthe character of the offence.Describing what she calls the criminal scene in Englandand Wales, Josephine Bell 4) holds that the majorityof crimes are committed mostly by males under the age,. 5)of twenty~five. Freed als? emphasizes the factthat the question of the differential liability tothe crimes of males and females illustrates that malesare more liable to crime than females.Comparing thevarious racial groups, he found that, on the average,African and Colouredfemales are 34,4 times and Asianfemales 6,6 times more liable to criminality than areWhite females, and that, on the other hand,and Coloured· females are 5,1 time~criminality than Asian females.Africanmore liable toThis tendency heexplains by saying that it is likely t~atAfrican andColoured females are more intensely subjected than WhiteLunden, W.A. Crimes and Criminals, The Iowa StateUniversity Press, Ames, 1967, p. 10Ibid., p. 10Ibid., p. 125BeII, J.: Crime in Own Time, Nicholas, London, 1962,p. 43.Freed,L.F.: Crime in South.Africa, Juta and Company,Cape Town, 1963, p. 174•152/•••••

- 152 -and Asian females to the diverse social forces whichare contributory to personal disorganization.Venter and Retief 6) point out that among theAfricans the difference between the criminality of themales and that of the females is not as: pronounced asin the case of the White. The sexual distributionof crimes, however, shows that the differences aremore obvious in ~he nature of the crimes than in theincidence.Crime is thus,in many respects a typical male reaction."I t is necessary to find some explanation for", this "tclfldency.7.3 Possible Explanations of the Differential Sex Rate inCrime.Lack of physical strength has often been quoted asexplaining the lower female rate of offences againstthe person, "7) but Pollak 8)' argues against this,maintaining that in the present age,technologicalinventions enable the weaker sex to be physicallyaggressive without possessing manual strength, andif women, ,~are strong enough to do comparatively heavywork in factories, shops and households, why shouldthey not be capable of physical aggression too?It is, he concludes, the cultural stereotype, theassignment of certain social roles rather than theirphysique that reduces their use of violent methods.To some extent this is true, but one has to bear inmind that as Pollak 9) shows himself, the averagephysical inferiority of women which can ~ardly be denied,has~nevit~blep~ychologi~alconsequences favouring nonviolenttechniques. This in conjunction with their actual7)8)9)Venter, H.J. and G.M~Retief:8antoe-Jeugmisdaad,Nasionale Handelsdrukkery, Bpk, Elsiesrivier, 1960pp. '11-30Manriheim, H.:Comparitive Criminology, Vo1.2., Routledge& Kegan Paul London, 1965, p. 700Ibid., p. 700 "Ibid., p. 700153/•••••

- 153 -lack of physical strength explains why women preferpoisoning to other techniques of killing.Lombroso 10) spoke of the greater 'ferocity' ofwomen criminals, but stressed the comparative rarityof the born Criminal type among female offenders,only 14 per cent as against 31 per cent among males.Prostitutes, on the other hand, he believed to belongfar more frequently (about 38 per cent) to this type.Female offenders were mostly occasional law-breakers.Lombroso wrote of the greater biologically conditionedconservatism of women, which makes it easier for themto accept the 'existing social order even where it isto their disadvantage.Nevertheless, women can become rebels against establishedauthority just as well as men and commit crimes forthe sake of the values in which they believe. ThusMary S. Calcott 11) holds that in the earlier days ofthe Soviet regime, the male peasants, seeing that oppositionwas useless, did not resist collectivizationas fiercely as was done by their womenfolk who usedto poison thei,:.; cows or pigs before they were takenfrom them. This more individualistic approach to lifealso colours the female selection of property offences:for example; women prefer shoplifting to looting,where individual choice of the articles is difficult,or to stealing money.William Healy12), whoalso found among his cases morefemale than male liars, is inclined~~oblame'la~g~JYthe social environment for it.. 10)11)12)Lombroso, C. and G. Ferrero:"La donna delinquente,la prostituta e la donna normale~ Torino 1893, quotedby Mannheim, H.: op.cit., p. 701Calcott, M.S.: Russian Justice, New York, 1953, quotedby Mannheim, H.: op.cit., p. 703HealY, W.: 'Pathological Lying, Accusation andSwindling; Criminal Science Monograph No. 1, London,1915, quoted by Mannheim, H.: op.cit., p. 704•154/•••••

- 154 -Mannheim 13) contends that the male-dominated characterof the criminal law has made women, except for thenatural rebels, accustomed to get around rather thanact against the law. He goes On to say that one mighteven venture the paradox that in a female-dominatedlegal system their crime rate would increase.Closely connect~dwith this, the greaterwomen to adapt themselves to reality andelasticity and resourcefulness have beencapacity·oftheir greater14)stressed.Albert K. Cohen 15) has tried to explain the lower femalecrime rate by suggesting that women may have their ownbrand of subculture which approves or disapproves conductin ways fundamentally different from their malecounterparts, with ideals and solutions entirelydifferent.7.4 The Sex Differences in Crime According To Age Amongthe Africans in South Africa.The sex distribution of crime according to age amongthe Africans in South Africa is ~ necessary backgroundin the expla~ation of this phenomenon in Mtunzini.Table 12 reflects the sex distribution of crime accordingto age among the Africans in South Africa.From an analysis of the figures in Table 12 the followingsignificant facts emerge:(a)262 316 Africans wereconvicted]ln South Africaduring the period 1967-1968. 234 709 of thesewere males while 27 607 were females. Thesefigures constitute 64,30 per cent and 35,70 percent, respectively.13) Ibid., pp. 704-70514) Ibid.,p. 70415) Cohen,A.K.: Delinquent Boys,The Culture of the Gang,Routledge and Kegan Paul, London, 1956, pp. 44 and 137155/•••• ;

- I;; -TABLE 12CONVICTIONS ACCORDING TO SEX AMoNG THE BANTU IN SOUTH AFRICA, 1967 _ 1968 16)9~-pP;-T27CTY7•AGE IN YEARSCLASS AND OFFENCE 7-17 YEARS 18-20 YEARS 21 YEARS AND OVER TOTALi'iALE FnlALE ~IA E FEMALE MA E I F'tMALEAl. Public safety, order &: peace 574 180 973 255 3 536 738 6 256A2. Administration of justice&: good order 406 60 1 265 215 8 668 969 11 583A'. Public finance &: revenue 7 2 11 JJ 326 786 1 165Bl. Family I1f6& cass of children 13 20 94 42 2 013 155 2 3J782. Indecent, sexual &: related matters 477 24 744 59 2 059 122 3 48583. Liquor and drugs 1 707 83 6 504 445 41 922 4 227 54 88884. Other matters against comrnlJnity life 263 15 571 22 3 832 259 4 962Cl. Lifa or body ,of a. person S 259 1 045 9 R56 1 595 45 820 6 136 69 711C2. Reputation &: honour of a person 19 1 39 4 94 16 173CJ. Uberty 23 2 62 - 173 12 27201. 8urgalaries & related matters, 3 076 238 2 289 193 5 223 304 11 323D2. Theftfrorn the person by force 761 37 1 385 44 2531 92 4 850D'. stocktheft 1 159 64 859 66 6 141 507 8 79604. Other thefts 5 846 1 524 5 719 1 66; 19 279 4 399 38 4320,. Falaitas & related matters 62 10 127 21 806 75 1 10106. Other matters relating to property 699 51 523 80 1 916 420 3 68907. Animals 143 6 71 9 425 46 700El. Economy general - - - - 8 1 9£2. Agriculture, animal husbandry - - 1 - 2 1 4EJ. Mining related matters 3 1 12 3 248 19 286E4. Manufacturing & construction - - - - 5-5E8. Other economic - - - - 6- . 6FI. Road fraffic ~ 774 16 2 522 22 34 727 164 38 225F6.Health Ser~icas,- - 1 - 50 7 58TOTAL ..21 271 3 379 JJ 628 4 773 179 810 19 455 , 262 J16,16) Report No. 08-01-04. StatIstics of bff6nc~s and Of Penal Instl€utLons. 1967-196B, The Government PrInter, pretorl~, fabies 9. 7 and

- +.:10 -TA8LE 13.Sex Differences in Crime in Mtunzini, 1967-1971 17)AGE 1967 1968 1969 1970 1971--TOTALGROUPS Male Female Male Female Male' Female Male Female Male Female7 - 10 - - 1 - - - 1 - 4 - 611- 15 22 - 6 5 11 3 17 2 12 59 13716- 20 198 24 107 43 97 32 143 29 151 65 88921- 25 277 57 185 54 175 43 186 20 208 43 1 24826- 30 222 47 196 58 182 42 241 11 230 ,311 1 26331- 35 266 24 ' 102 38 126 43 91 14 140 41 85536- 40 190 39 . 159 48 102 29 161 21 141 37 92741- 45 155 12 66 33 82 11 127 14 74 2 57646- 50 42 11 75 21 68 12 57 14 68 2 37051- 55 26 ,9 23 - 15 2 28 4 13 2 12256- 60 10 4 18 9 15 2 13 7 10 - 8861- 65 '1 2 " 6 - 15 1 4 2 4 - 4166- 70 - -~2 1 5 •8 1 - 1 1871- 75 - - 1 - 4 1 - - 676 & Over 1 1 - - "" 2 - " 1 - - - 5. "TOTAL 1 416 230 947 310 899 220 079 139 1 055 286 6 581,17} StatistTcs systematiied-in-thista61s U1sretak-sncu-eof-the H-;r;.-tI:""-CS.A.P.l.)records for the period 1967 to 1971 at the Mtunzini Police Station.157/.•...

(b)While the majority of males were convicted forviolations of personal -relations (Class C),namely 61 345 (23,39%), the majority of femalesw_ere convicted for crimes::aga±nst: propei:ty,namely9 851 (3,76%).(c) Among the males convictions for violations ofcommunity.life (Class S) follow those for ClassC. The total number of males convicted for ClassS crimes is 60 199 or 22,95 per cent.(d)In the case of females the next important groupof crimes are violations of personal relations(Class C) which gave a total of 8 811 convictions(33,6%).(e) Convictions for crimes against property (Class D)form the third largest-total among the males,namely 59 040 (22,51%); while in the case of thefemales, the third largest group of convictionsis. for violations of community life (ClassS),namely 5 473 (2,09%).t •(f)Violations pertaining to the social relations(Class F), constitute the fourth largest numberof conVictions among males, namely 38 074 (14,51%);while Class A crimes (Safety of the state and goodorder) form the fourth largest number of convictionsin the case of females, namely 3 238 (1,23%).(g)The fifth largest number of convictions among malesis for Class A crimes, namely 15 766 (6,01%),while that for females is in respect of violationsof social relations, namely 209 or 0,08 percentwhich is statistically insignificant.7.5 Th~ Sex Distribution of Crime According to Age in Mtunzini.Data in Table 13 reveals that:(a) The males in all age-groups were responsible for158 / •••••

- 158 -a total of 5 396 crimes or 82 per cent of allcrimes committed by the Africans in Mtunziniduring the period under discussion. The females,on the other hand, were responsible for a totalof 1 185 crimes (18%). There is thus a differenceof 4 211 or 64 per cent between the males and thefemales.(b) The majority of male offenders are in~the agegroups21 to 25 years and 26 to 30 years. Inthe age-group 21-25 years alone 1 031 males(15,82%) were prosecuted while the females in thesame age-group totalled only 217 (3,30%). Theage-group 26 to 30 years, which had the highesttotal in respect of all age-groups (male and female)had a total of 1 071 (16,27%) for the males and192 for the females (2,92%). This is in agreementwith Freed's findings. ,18) He e~tablished thatwith reference to the adult section of his group,it would appear that the majority of adult maleoffenders were in the age-group 20 to 29 years,while the majority of adult female offenders werein the alder age-group, namely 30-39 years.(c)The males under 21 years of age were responsiblefor a total of 750 crimes (11,4%), while the femalesunder 21 years accounted for a total of 262 crimesi.e. 4 per cent which is statistically insignificant.'(d)It is among the males where eriminality beginsearly. Thus all the male early starters aredistributed as follows: in the age-group 7-10years in 1968 there was only 1 male; in 1970, therewas also 1 male and in 1971, there was four malesprosecuted.(e)The only year in which the females in Mtunzinicommitted a•18) '. Freed, L.F.: op.eiL, p. 177significantly great number of crimes159/•••••

-159 - ..Was 1968~ During that year, the females in allage-groups were responsible for a total of 310crimes (4,71%).(f)The age-group 61 years and over were responsiblefor a total of 64 crimes (0,97%; which is statisticallyinsignificanct). Of these crimes, 51 or80 per cent were committed by the males, while only13 or 20 pEr cent were committed by the females.Closely related to the question of the sex'cistributionof offenders according to age, is thequestion of how the sex factor influences anddetermines the type of crime committed.7.6 The Connection 8etween the Sex Factor and theType of Crime Committed.in Mtunzini.The sex distribution of specific crimes in Mtun~iniis clear from Table 11. This table calls for a discussionof some individual crimes for its elucidation./(a)Contraventions of the Liquor Laws.Out of a total of 1 801 crimes committed in Mtunzini: ..during the period under discussion, 984 or 56,64per cent were committed byfemales were responsible for athe males, while thetotal of 817 or45,36 per cent. If the figures in respect of thecontraventions of the liqour laws are broken downfurther, it emerges that the highest incidence , isin the age-group 30 years and over. This agegroup,both male and female, had a total of 1 185contraventions of the liquor laws (65,8%).this total the males accounted for 657 (36,5%)and the females gave aOftotal of 528 or 29,32 percent. Those under the age of 21, both male andfemale, were responsible for a total of 165 (9,2%),... . jthe males accounting for 57 or 3,2 per cent andth~ femil~s for 58 or 3,22 per cent of the totalnumber of prosecutions for the liquor laws duringth~period under investigation.160/......

- 160 -(b)Assault.Of the 814 .crimes ..committed·by the Africans inMtunzini during the period under discussion, 674or 83 per cent were committed by the males, while138 or 17 per cent were committed by the femalesin all age-groups. The majority of assaults,namely 301 (36,98%) were committed by the malesin the ag~-group 30 years and over, while thefemales in that age-group were responsible foronly a small total of 27 (3,32%).. In the agegroup21 to 30 years, the males were responsiblefor 270 assaults (33,2%), and the females in thatage-group committed 62 assaults (7,62%). The malesbelow 21 years committed 105 assaults .(12,9%)and the females in that age-group 49 assaults (6,02%),(c)Traffic Offences.Out of the 726 traffic offences committed by theAfricans in Mtunzini during the period under discussion,707 or 98 per cent were committed by themales while only 19 or 2 per cent were committedby the females in all age-groups. Clearly, then,traffic nffences are the prerogative of malesamong the Africans in Mtunzini. The reason forthis is that the driving of a vehicle is stilla rare phenomenon among the African women. Itis only lately that a handful of ..females havestarted driving cars. Data in Table 11 in respectof traffic offences show further that the majorityof offenders.are males in the.age-group 30 yearsand over. They totalled 401 or'55,23 per cent.In the age-group 21 to 30 years, there was a totalof 212 males (29,2%) and the males below the ageof 21 years gave a total of 94 or 12,95 per cent.The female totals in the above age-groups ware8 (1,1%); 7 (,96%) and 4 (,55%), respectively.161/.••••

- 161 -(d)Pass Laws.There was a total of 713 violations of pass lawsamong the Africans in Mtunzini during the periodunder investigation. 679 or 95,23 per cent ofthese were committed by the males, while only 34(4,77%) were committed by the females. The malesin the age-group 30 years and over were responsiblefor 't~e highest total, namely 319 or 44,74per cent. In the age-group 21 to 10 years, therewas a total of 257 males (36,04%), while the agegroupbelow the age of 21 years accounted fora total of 10) or 14,45 per cent. The femaletotals in the above age-groups were 12 (1,68%);14 (1,96%) and 8 (1,12%), respectively.(e)Failure to Pay Tax.The taxes referred to here are those reflected onpages 22 to 25 of the "Bantu Identity Card"entitIed "Belasting -Tax". 19) Failure to paytax is normally discovered by the police duringtheir daily "beats". In the Pblice Division of...Mtunzini, out of atotal of 541 contraventions oftax laws during the period of investigation, 540or 99,B2 per cent were committed by the maleswhile only 1 female (,18%) was prosecuted for thiscrime.(f)Theft.The majority of thefts were commi'tted by offenders(male and female) in the age-group 21 years andbelow. Out of a total of 299 thefts committedby the Africnas in Mtunzini during the period underdiscussion, this age-group was responsible for atotal of lOB thefts (36,12%). Of this total B5or 2B,43 per cent were committed by males, whileonly 23 or 7,69 were committed bi the females.(g)Tresspassing.Out ofa total of 299 offences pertaining to tress-19) See Bantu Identity Card, Bantu Reference Bureau, Pretoria,pp. 22-25162/.•...

- 162 -passing in Mtunzini during the period under discussion,148 (44,59%) were committed by the maleswhile 151 (55,41%) were committed by the femalesin all age-groups. Breaking down the figures fortresspassing further, it appears that the malesunder 21 years were responsible for a total of35 (11,70%), the males in the age-group 21 to29 years Qad a total of 63 (21,70%) and the malesabove 30 years were responsible for a total of50 (16,72%). The totals for the females in theabove age-groups were 50 (16,72%), 62 (20,74%) and39 (13,04%) respectively.(h)Curfew Regulations.The late hour at Mtunzini is at 10 p.m.20)Every AfriCan moving in the village without apermit after that time is liable to be prosecuted.Out of a total of 380 contraventions of curfewregulations, 295 (77,63%) were committed by themales while 85 (22,37%) were committed by the femalesin all age-groups. The males under 21 yearsaccounted for a total of 101 (26,58%); those between21 and 29 years, gave a total of 70 (18,42%) andthose in the age-group 30 years and over were responsiblefora total of 124 prosecutions (32,63%).The female totals for the above age-groups were25 (6,58%); 25 (9,21%) and 25 (6,58%) respectively.Contraventions of curfew regulations in Mtunziniare essentially a male crime, common mostly inthe age-group 30 years and over.(i)Burglary.Out of 148 burglaries committed in Mtunzini duringthe period under discussion, 142 (95,34%) werecommitted by the males, while only 6 (4,66%) werecommitted by the females in all age-groups. The20} According to the police in Mtunzini, the siren ringsat 9 p.m. to warn those who are in the streets. Thereis, therefore, an hour's grace for getting ready forthe lat~ hour.163/•••• :

- 163 -majority of the males prosecuted for housebreakingwere in the age-group 21 years and below.,_, , , ,(j)Dagga Laws.Finally, reference must be made to the contraventionsof the dagga laws. Out of a total of 109contraventions of dagga laws committed by theAfricans.in Mtunzini ·during· the period urider."discussion,the males were responsible fora totalof 90 (82,5%) and the females accounted for a totalof 19 (17,5%) in all age-groups. In the agegroupbelow 21 years there was a total of 9 males(8,26%); in the age-group 21 to 29 years; therewere 35 males (32,11%) and in the age-group 3Dyears and over, there were 44 males (40,37%). Thetotals for the females in respect of the aboveage-groups were the following: No female wasprosecuted in the age-group below 21 years, while4.females (3,67%) were prosecuted in the agegroup21 to 29 years and 15 females (13,76%) wereprosecuted in the age-group 30 years and over.The rest of the crimes as Table 11 shows, are morecommon among the males than females. The onlyexceptions are the following: contraventions ofthe Immorality Act, Act No. 23 of 1957, 21) andinfanticide. There were only 2 contraventions ofthe Immorality Act during the. period under discussion.One took place in 1970, while the otheroccured in 1971. The former offence was committedbY a Zulu woman in the age-group 21 to 30 years,while the latter offence was committed by aZulu woman in the age-group below 21 years of age .. (k) Infanticide had a total of 2 during the periodunder discussion. Both offences were committedin 1967, and in both cases the perpetrators werewomen in the age-groups 21 to 30 years and 30 years21)The relevant section of the Act referred to here issection i6 (1) and (2) which regulates sexual offencesbetween white and non-white persons who are describedas Coloured persons in the language of the statute 164/ •••••

- 164 -and over, respectively.7.7 Summary.The main thesis of this chapter has been that thecriminality of the males exceeds that of the femalesamong the Africans in South Africa in general and inMtuhzini in particular. 22) The chapter has made itclear that also. among the Africans, crime is essentiallya proolem of the male species. In Mtunzini, for instance,the males were responcible for 82 per cent of all crimescommitted by the Africans during the period under discussion,while the females were responsible for only18 per cent.With regard to the higher incidence of crime among theAfrican males, some of the following factors have beenemphasized as influencing the distribution of crimeamong the males and females: biological and physiologicaldifferences between the sexes, the degree of theirparticipation in the social and economic life, theopportunity to commit crime and the role played bypublic opinion.It is also apparent that there are differences in thenature of crimes committed byrespectively.men and women,In this investigation, certain offences,viz.,possession of dangerous weapons,fraud, contemptof court, non-support of children, abduction, murder,gambling, rape and faction fighting, were committedonly by males, while contraventions 0; the ImmoralityAct, Act No. 23 of 1957 and infanticide were committedonly byfemales.22) This findings confirms earlier findings such as those"by Venter, H.J. and G.M. Retief: op.cit., p. 252165/.•••••

CHAPTER 8.THE COST OF CRIME.8.1 Introduction.The cost of crime can never be accurately calculatedfor any particular country. 1)The data in respect ofthe economic cost of crime are ordinarily not available.Accordingly, in order to arrive at some knowledge ofthe position, the investigator will rely only onpolice statistics in Mtunzini. To illustrate the costof crime, reference will be made to damage done to 1property through crimes like arson, malicous injury to ~property, robbery and other forms of destruction carriedout bythieves and other criminals before and afterentering premises.theAll such actions represent a .con-.siderable financial loss to the victim.Since theeconomic cost of crime is not the only facet of theproblem, mention will also be made of the intangiblecosts of crime measured in terms of humansuffering.Barnes and Teeters 2). express themselves as followswith regard to the cost of crime: " the wholesaletragedy that resulted daily from such crimes of violenceas assault ann battering, mayhem, kidnapping, rape,manslaughter, criminal negligence and murder, was almostinconceivable. Thousands are thus affected and theirphysical and mental sufferi ng is very real. In additionthe innocent members of the families of delinquentsand criminals suffer untold embarrasment due to socialstigma. The cost of crime on family life is, therefore,obvious. Every year, many families must attempt tomake new adjustments as a result of hriminal acts.These adjustments cannot always be successfully madeand various demoralizations result that exact a heavytoll from the individuals concerned. Society and-eventually the nation in th~ long run pay an intangibleprice through broken homes, community disorganization ­all aspects of the cost of crime which undermine the1)2)Freed, L.F.: Crime in South Africa, Juta andCape Town, 1963, p. 149Barnes, ~.E. & N.K. Teeters: New Horizons innology, Prentice Hall, Inc., New York, 1961,Co.,Ltd.,Crimip.80166/•.•.•

- 166 -morale of the community usuallyfear the victim and prospectiveexpressed in the great- "victim has of the criminal.The cost of crime in Mtunzini will be illustrated by~eferr~ngto.thevalueof property stolen, and tdproperty lost through arson, housebreaking, robberyand malicious damage to property. The nature and· typeof property stolen will also be analyzed. The chapterwill conclude by referring to the cost and consequencesof crime among the Africans in general.8.2 The Value and Nature of Property Stolen.8.2.1 The Republic of South Africa.little attention has been given by South Africancriminologists to the value of property stolen aswell as its nature. 3)Freed 4) holds that thefts from the South AfricanRailways constitute a grave economic loss to theauthorities. African "tsotsi" gangs operating inJohannesburg alone were responsible for theft totalling..from R6 000 ,to R8 000 a day from railway and deliveryvehicles.According to a statement made in 1954 before Mr.Justice Caney at the criminal Sessions held inPietermaritzburg by Detective Sergeant A.J. Oosthuizenof the South African Railways and Harbours Policeat Glencoe, Natal,claims against the R~flwayq· inrespect of stolen and missing goods totalled an)thingb-etween RI_ 200 000 and RI 6000 000 per annum. 5The total losses resulting from crime in other.South African towns, cities and other areas is by nomeans insignificant.Telephone receivers frequently3) The cost of crime in Mtunzini invites a comparisonwith what obtains in the Republic of South Africa as awhole.Freedj l~F.: op.cit., pp•.149-164Ibid.,p. 152167/••••••

- 167 -disappear from public call boxes, and by way ofpreventing this type of crime, the Post Officeauthorities have been forced to display expensivenotices in all boxes, offering a reward of RIO,OOto any person able to furnish onformation leadingto the conviction of such a criminal. 6)Oescribin~ crime as an erosive and injuriousphenomenon, van der WaIt 7) holds that crimeis like a murdering vortex which pulls down and intoits temptuous swirling, always deeper and deeper.Crime also injures the life of society and thenation in various respects. During the statisticalperiod 1 July, 1972 to 30 June, 1973, 440 922convicted. and unconvicted prisoners (total 717 980)were committed to prisons in South Africa anddetained for shorter or longer periods and withdrawnfrom the labour market. 8)The Annual Report of the Commissioner of the SouthAfrican Police 9) referring to South-West Africadescribes the cost of crime as follows: after theSWAPO Committee labour disputes had been settled,thousands of Ovambo arrived at recruting offices inOndangwa, but numerous instances of violence werereported: a considerable portion of the wire fencealong the international border between Angola andOvambo was damaged, stock inspection kraals weredestroyed, stock inspectors were intimidated andtribal headmen were threatened lliith violence andseriously assaulted while their kraals were set6)7)8)9)Ibid., p. 152"iia"il"""der WaIt. P.J.: "The Crime Problem in South Africa",A Paper Read at the National Crimnological Symposuim onCrime Prevention, held at Unisa 28-31-8-73.·The estimates of the Administrative expenditure inrespect of the prisons department during that period wasR38 185 000. See Commissioner of Prisons, StatisticalReport of the Commissioner of Prisons of the Republicof South Africa for the period 1 July 1972 to 30 June1973, R.,..P.91!1973, p. 1.. "iifi'iiaul Report· of the Commissioner of the South AfricanPolice for the period year ended 30 June, 1972, R.P.23/1973, pp. 8-9 168/•••••

- 168 -alight. With the aid of pangas schoolchildrenwere driven out of school and were warned to stayaway form school for good. Lawlessness and unrestprevailed and Police reinforcements had to be sentto Ovambo. In the process of maintaining law andorder and protecting lives and property, some membersof the Force received injuries at the hands of armedrioters and were obliged, on various occasions toopen fire.The same report describes the following cases ofarmed robbery 10) with the concomitant financiallosses:. ,On 7 September 1971, while on his way to the bank,Mr.Salkow of "Dial Furnisher", President Street,Johannesburg, was held upwas fobbed of R3by six African males and381,81 in cash and cheques to thevalue of R7 089,47. Six African males weresubsequently arrested, Rl 900,00 was recoveredand a22 pistol was seized.On 1 November 1971 a masked white man, armed witha pistol, held up the manager and woman cashier ofthe Netherlands Bank, Paarden Eiland, and robbed thebank between R4 000,00 and R5 000,00. No.arrest hadbeen made at the time of the publication of the'report.On 8 May 1972, a white man, the driver of a railway busbetween Mount Frere and Mount Ayliff, was held upby three African males with a revolver and robbed. of a post-bag containing R20 000 in cash. Six Africanmales and one African female were later arrestedand only R3 065 was recovered (and a revolver).During December 1971, a jeweller's shop in Hillbrow,Johannesburg, was burgled and jewels valued at R20 000were stolen. A white man was arr.ested and jewelsto the value of R16 000 mere recovered.10) Ibid., pp. 7-8169 / ••••.

- 169 -Finally, during the statisticalyear ended 3D June 1972, 26 574were dealt with in South Africaperiod for thecases of.stocktheftand only 4 594(17,38%) proved to be unfounded. This means that inthe total of 21 980 (82,62%) the victims lost theirstock through stocktheft. 11)In the United State of America, estimates of thecost of crime have varied from $3 000 000 000 to$16 000 000 000 per annum. 12)Spaulding has estimated an the basis of a studyin Massachusetts that one-tenth of all the moneyraised far taxation purpose in that state wasexpended on the combating of crime. 13)8.2.2 Mtunzini.The police statistics in Mtunzini did give theinvestigator limited information regarding thedescription and the value of property stolen orotherwise destroyed in consequence of some offence.Even if the police statistics had contained detailedinformation regarding the value of property stolen,the picture would still be incomplete, because manythefts are not known to the police and even thosethefts which are known to the police are not alwayssolved. The following table illustrates the estimatedvalue of property stolen in Mtunzini during the periodunder investigation:ll) Ibid., p. 612) Freed, L.F.: op.cit., pp. 156-15713) Ibid., pp. 156-157170/•••

- 170 -TABLE 14.Value of Property Lost Through Thefts andStockthefts in Mtunzini, 1967-1971.ESTIMATEDYEAR Total Number. of Thefts and stockthefts VALUE.Theftstocktheft1967 64 17 R2 660,301968 52 18 R3 871,391969 57 22 RI 807,851970 58 12 R2 145,68, >1971 68 17 R3 165,37299 86 R13 650.59It emerges from Table 14 that:(a) The highest value of property lost through thefts andstockthefts was in 1968. During that year there wasa total of 52 thefts and 18 stockthefts and the valueof propertY'~ost through these crimes was estimatedat R3871,39, the highest value during the period underinvestigation.(b) In 1967 there was a total of 64 thefts and 17 stocktheftsand the value of property lost through thesecrimes was estimated at R2 660,30.(c)In 1970 the totals for thefts and stockthefts were58 and 12 respectively, and the value of propertylost was estimated at R2 145,68.1969 had the lowest estimated value of property lost, namelyRI 807,85.(d)The figures in respect of the estimated value of theftsand stockthefts are alarming, but they do not represent-~.14)· This tablethe R.C.A~1971.was compiled from the data obtained fromrecords in the Mtunzini Police Station, 1967­171/••••.

-171 -acomplete picture of the economic cost of crime inMtunzini.· While the investigator was going throughthe police statistics regarding the value of propertystolen or otherwise destroyed, there were manywhere the police had written opposite the stolenarticle or property "value unknown".casesAlso not includedin the figures in Table 14 are theft· and stocktheft .cases heard and.tried in the tribal courts of Chiefsand headmen in Mtunzini.In addition to the value of articles stolen, it isequally interesting to examine the types of articlesstolen most in the area of investigation.The natureof articles stolen as well as the type of stock stolen ,are legion, ranging from clothing to fowls and evengoats, as reflected in Table 15.Analysis of data in Table 15 ~ndicates that:(a) Although the articles and stock stolen differ fromyear to year, certain articles such as cash, groceriesand clothing are favourite commodities for the thieves.(b) It is clear from Table 15 that the article stolenmost in Mtunzini is clothing. During the periodunder discussion, there. were 113 thefts involvingclothing.(c) The total for the thefts of cash was 77 duringthe five-year period under investigation, while thetotal for thefts involving groceries numbered 51.(d) Articles such as liquor, sugar cane, cycles andstock such as goats and cattle, although consistentlystolen, do not have high totals.(e) Auto-theft is rare, so that. during the period underinvestigation, there were only three cases involvingtheft of vehicles: in 1969 one motor car and onemotor cycle were stolen, while in 1970 only onemotor car was stolen.172/•.•..

- 172 -TABLE 15.Types of Articles and stock Stolen in Mtunzini, 1967-1971 15)Article Stolen.Number of Times Stolen1967 1968 1969 1970 1971Beer 4 - Blankets . 1 -Bucket - - - 1Building Material 2 4 10Car.Battery.- - - - 1Cash 17 16 16 13 15Cattle 4 3 2 3Chain 1 4Cigarettes - - - 1 -Clothing 16 10 33 27 27Crocl

- 173-ef)It is also interesting to note that firearms arestolen from time to time.There were seven casesof thefts involving firearms during the periodunder discussion.The revolvers are usually stolenby domestic servants from their white employers.In 1971, for instance, the one revolver stolenwas taken from the employer's cupboard. 16),Other crimes which are important in the calculatingof the economic cost of crime are, inter alia,arson, malicious damage to property, fraud,and robbery.burglary8.3 The Nature and Value of Property Lost or DestoyedThrough Other Crimes, viz. arson, malicious damagectoproperty, fraud,burglary and robbery in Mtl,nzip!8.3.1 Arson and Malicious Damage to Property: During theperiod under discussion there were twenty-three casesof arson. The nature and value of property destroyedthrough arson was not recorded in all cases. Thefew cases recorded by the police were, however,e\laluatedat R978,OO. R900,00 of this estimatedvalue involved malicious burning of sugar caneplantations, while R78,00 was in connection withthe setting on fire of dwelling huts for revengepurpose. 17) With regard to the estimated valueof property lost through malicious damage to property,the investigator was able to calculate a sum ofR586, 80 from the police records in r1tunzini duringthe. period under discussion. .,8.3.2 Burglaries.The majority of burglaries were committed with theintention of committing thefts. In"a few casesI of housebreaking, the police could not establishthe motive. During the period Under discussion, the.17)Information regarding the details of this crime wasobtained from the R.C.A •• record·s in the Mtunzini PoliceStation, 1967-1971.Revenge was inmost cases the motive mentioned by thepolice as to the setting of dwelling huts on fire.174•/ .....

- 174 -houses broken into included dwelling houses, tearoomsand shops, and the estimated value of propertylost or destroyed was R6 213,71. A classic exampleof housebreaking and'theft occured in 1970 whencriminals broke into a tearoom owned by a White,stealing jewellery, cHeques and other items tothe value of RI SOS. IB) If the total financialloss of R6 213.,71 is broken down according todifferent years, it emerges that:(a)In 1967 there was aN estimated loss of Rl 484,OS.(b) The 1968 estimated loss was RI 181,46.(c) In 1969 the loss was estimated at R893,10.(d) The highest loss occured in 1970, namely R2 068,7S.(e)Finally, the 1971 loss was estimated at RS86,3S.8.3.3 Robbery: The financial losses suffered by the victimsof robbery during the period under discussion totalledRI 484,04 distributed as follows"accDtding~to'tbedifferent years:(a) In 1967 there was a total of Rl14,77.(b) In 1965-the losses were estimated at RI 107,17.(c)(d)(e)The estimates for 1969 amounted to R137,4S.During 1970 the financial loss was R27,SO.In 1971 the estimated losses amounted to RIOO,lS.There is no doubt that the financial losses sustainedby the victims in consequence of robbery are alsosubstantial. The most common type of robbery iswhat the Zulus describe as "UKUBAMBA:INKUNZI" (TOHOLD THE BULL). 19) The modus operandus thereofconsists in robbing a victim either by oointing afirearm at him or by stabbing him or" shooting himand thereafter pickpocketing him.The reason whythe victim is killed, is in most cases,to destroy18)19)Details of this crime were obtained from the R.C.A.Records in the Mtunzini Police Station, 1970.Ndabandaba, C.L.: "Crime and the African", Crime,Punishment and Correction, Volume 3, No.2, June 1974,pp. 33-34175/•••••

- 175 -d amagLng.eVL. dence.20)8.4 Summary.The economic cast of crime in Mtunzini cannot beaccurately estimated owing to the unavailability ofdata in that direction. The victim or the policeOfficer evaluating property stolen or otherwisedestroyed,gives flnly a rough estimate. Informationregarding the cost of crime in this chapter is, therefore,incomplete.It has, inter alia, become clear in this chapter thatthe cost of crime both in terms of property lost anddestroyed through thefts and other crimes,is muchhigher than the figures estimated here. The resultof all this is that the absolute and relative cost ofcombating crime in Mtunzini is an expensive undertakingboth in terms of money and property lost and humanSUffering. More purposefUl research into the natureand value of property lost through crimes such asm~ntioned in this chapter can contribute greatly tothe prevention and combating of crime.176/•..•.•

CHAPTER 9The Most Important FindinQs and. Recommendations Regarding the Preventionof Crime Amongi···.Slit·Introdw::ti on~the Africans.. .I(·systematic,exposition of crime among the Africans brings'e to light 'many problems:the high incidente of crime;··Culture-conflict.s;criminal subcultutes and the factthat not all crimes are reported to the police.. these problems ~ake ~t clear that measures must beAlltaken to prevent crime among the Africans. The mostimportant findings as well as recommendations regardingthe prevention of crime among the Africans will accordinglybe discussed in this.chapter.9.2 The Most Important Findings.The aims of this research as set out in chapter 1 havebeen to give a scientific.e~position df·thecrimes :committedby the Africans in Mtunzini and to compare thesewith the general crime pattern among the Africans asa whole in the Republic of South Africa.It has been the purpose of this study also to comparethe present extent of crime amongextent of crime amongtimes.the Africans with thethe traditional Africans of oldenIt was found that the present-day position differsconsiderably from that which obtained in traditionaltimes.In the olden days the list of crimes was nota particularly long one, because ~he African societywas,.not as complex as it is today.Punishments merenot equal to the crimes committed as seen from some ofthe severe penalties administered for petty offences,especially if committed against the King or Chief.The King's decision was final, which is not alwaysthe case nomadays,because crimes are nowadays tried notonly by the chiefs but also bySou~hBantu law .magistrates according t6African criminal law and procedure, over and above•. The main crimes in the olden days were witchcraft offences,177/.••.•

- l77 -rape, incest and treason. Generally speaking, crimesin tribal times were divided into two main classes:crimes against the individual and crimes against theKing, or crimes against tribal authorityIt has become evident. that cultural conflicts arosewhen the laws of the Whites were introduced into theAfrican communJties. When the African got intocontact with the White man's culture,he did not onlyadopt his religion, his business methods and hisliquor, but he also became sUbject to a law he did notunderstand.This research has also shown that there has developedin the African society a number of criminal subculturesas a result of the cultural conflicts. These criminalsubcultures which include the subcultures of violence," s hebeens", "tsotsism" and witchcraft have becomefirmly established in the modern African society, beit urban or rural. Any explanation of the criminalityof the African must take cognizance of these criminalsubcultures.The analysis of the present extent of crime both inMtunzini and in the Republic of South Africa has shownthat the crimes committed by the Africans in moderntimes, even in rural areas, are radically differentfrom those found in the olden days, not only in extent,but also in their nature as well as their causes. Thecrimes showing a high incidence in modern times areviolations of personal relations (Class C crimes);crimes against property (Class D crimes); violationspertaining to community life (Class B crimes) andviolations of social relations. (Class F crime.s)."Economic crimes show the lowest incidence. Pettyoffences such as influx control offences, Bantu taxoffences, violations of curfew regulations and otherinfringements classified above the code number 500and ignored by the Department of Statistics have the178 I .....

- 178 -highest incidence.With regard to the age distribution of crime among theAfricans, the investigation has revealed that age isan important factor in determining the type of crime>·committed. The age-group 7-17 years is characterizedby crimes against property and violations of socialrelations.~ommonIn the age-group 18 to.:20'vearstbhe ..mostcrimes are crimes against property, violationsof social relations, violations of personal relations; .• nd violations pf community life. In the age-group21 years and over, the Africans commit mostly violationsof community life, crimes pertaining to personalrelations, crimes against property and violations ofsocial relations.The distribution of the different classes of crime,among the Africans in the various age-groups in Mtunzini,follows more or less the same pattern as described inthe preceding paragraph in the case of South Africa.In the age-group 7-20 years, the most important crimesare crimes against property; violations of personalrelations anq yiolations of community life.The agegroup21-29 years is characterized by violations of,community life, violations of personal relations and, .violations of social relations. Finally, in the ageg~oup30 years and over, violations of community life,violations of social relations, violations of personalrelations and crimes against property are the mostimportant crimes.that of the females.The criminality of the males exceedsIn Mtunzini for example, the maleswere responsible for 82 per cent of all the crimescommitted during the period under discussion, while thefemales were responsible for only 18 per cent.Finally, the present investigation has estimated the\economic cost of crime in respect of the area underdiscussion. This was found to be tremendous. It wasemphasized, however,that the cost of crime can never

- 179 -be accurately calculated for any particular area,including Mtunzini in particular and the Republic ofSouth Africa in general.9.3 Recommendations with Regard to the Prevention of Crime.Crime-prevention emphasizes the fact that criminologyshould study, inter alia, the effectiveness of lawenforcement.IR this section of the dissertation, theinvestigator intends to make some recommendations regardingthe prevention of crime among the Africans. Particularreference will be made-to the role of the state and otheragencies, such as acts of parliament, the police, the prison'crime-preventing organizations and compulsory education.9.3.1 Acts of Parliament.A South African statute which deals specifically withthe topic of crime-prevention among the Africans isthe Bantu Administration Act, Act No. 3B of 1927 1)The prevention of crime among the Africans is discussedin four sections of the above Act: sections 27,28,29 and 30.Section 27 'in particular contains the following rules,among others; the State President may make regulationsagainst the advertising to Bantu of any substancealleged to be capable of procuring for any personwealth 2) of success in any undertaking or occupationor of procuring in any person any disposition orattribute or immunity from resistance against or susceptibilityto hostile agencies, _su~ernatural powers,witchcraft or unnatural diseases. >Section 30 provides, inter alia, for the preventionof congestion of the population and overcrowding,1) See Chapter VII of the Bantu Administration Act, Act no.3@of1927, entitled "Prevention of Misconduct and Disorders,Regulation of .~antu Living and Control of Certain Villagesand Townships.2) Accordingto.a number of informants, people in the Africansociety sometimes pay big sums of money to "NYANGAS" whoclaim tha~ they can make them rich over-night the socalled"UKUTHWALA".3) ~ See chapters 2 and 4. IBo. / •••••

- 180 -the prevention of the brewing, possession, supply orconsumption of African beer within certain areas.Generally, then, the prov~s~ons of these sections areaimed at preventing inter alia, indecency, violenceand the practising of witchcraft among the Africans.The present ~nvestigator recommends that there shouldbe stronger enforcement of the above sections relatingto the prevention of violence and witchcraft offences.Private persons who are not familiar with the provisionsof the Criminal Procedure Act, Act No. 56 of 1955,regarding the powers of arrest without a warrant by·private persons, should be given some knowledge in thisdirection. More adult educatidn..is necessary to makethe average adult acquinted with the basic knowledgeof the laws aimed at crime-prevention, such as who mayarrest without a warrant and under what circumstances 4)9.3.2 Decriminilisation.The Hon. J.T. Kruger 5) contends that the most obvious; ..way in which the state could contribute towards theprevention of crime is probably bydecrimilization ofoffensive behaviour which is currently categorizedas criminal.Among the Africans in particular maybe mentioned section 25 of the Bantu Labour Act, 1964,which makes it possible to refer Africans whohavecontravened or failed to comply with certain laws,to Bantu Aid Centresinstead of referring them andprosecuting them before a criminal court. It ise~pectedthat the decrimilization ~ffected in thisrespect, would eventually have aprofound effect onour prison population, because according to available4)5)Reference is~being made here to the provisions of section24 of the Criminal Procedure Act,Act No. 56 of 1955.Kruger, J.T.: "The Approach of the state With ReqardTo The Prevention of Crime", A paper read at the NationalCrimnological Symposium on the Prevention of Crime,held atUNISA from 28-31 August, 1973.•181/•.•••

- 181 -statistics over 600 000 Africans will be affectedthereby annually. 6)Decriminilization should, however, be undertakenonly after a careful consideration of all theimplications involved, otherwise the state might findthat it has created a "Frankenstein" which it may notbe able to ~ontrol in the long run. 7)9.3.3 The Police.There should be improved communication between theAfrican public and the South African Police. Veryfew Africans view the police as friends and protectors.Reciprocal contact between the public and the policecan be brought about through regular discussions andconsultations to ensure that police institutions donot fall into a state of isolation and become removedfrom the community they serve.Presently, the members of the Force conduct lecturesat schools and other places where mainly young peopleare concentrated, the object being to make them awareof the g~.vity and extent of the drug problem. 8)Such discussions with young people should be continuedPcno the programme should- be expanded to include otherdangers· of the consequences of crime.In 1969, the Metropolitan Police, London, organizeda"Help The Police" competition as an exercise in.improved communicatibn to establisba better relationshipwith young people.A hundred thousand children,of whom 10 000 entered visited police stations tocollect entry forms. By courtesy the B.O.A.C. andthe Royal Canadian Mounted Police, the four winnerstravelled to Canada fOr a fortnight. Altogether itled to appearance on radio and television and 33 000centimetres of press coverage - a very. satisfying..6)7)atI bid.,Ibid.,AnnUal Re orts of the Commissioner of the S.A.P. for theear ended 30 June 1972 R.P. 23 1973, p. B I ...

- 182 -publicity exercise. 9)Competitions such as the one described above, evenif they are not as expensive as the one illustratedabove, would help change the attitude of the pul:il:ictowards the police.Finally, the investigator recommends that there shouldbe a closer co-operation between the police, the BantuEducation Department, the Department of Bantu AdministItion and Development and the parents in the struggleagainst crime.9.3.4 The Reserve Police Force.During the year ended 30 June 1972,twenty-tpreeReservist -Warrant Officers were promoted to the rankof lieutenant.completed aPolice College.nowtrainingSeventeen of these Warrant OfficersThestands at forty.course at the South Africannumber of Reservist Lieutenants10)At present the White Reservists number 15 806,7: 120of whom:are active, while the Non-White Reserve PoliceForce comprises 3 524,2 547 of whom are active.Members of the public continue to enlist in theReserve Police Force in considerable numbers andappointments made average 126 per month. 11)- This grand gesture of goodwill and keen support is_proof of the mutual understanding between the generalpublic and the South African Police. Especiallyin the African townships the cultivation and establishmentof the Reserve Police Force is essential. TheReverse Police should then work in close co-operationwith the African community and the crime-preventing9)10)ll)Waldron,J.:"Current Problems Facing The Police In TheBritish Isles",A paper read at the National CriminologicalSymposium on the Prevention of Crime, held at UNISA, from28 to 31 August, 1973 .Annual Re ort of the Commissioner of the South African Policfor the ear ended 30 JUne 1972 R.P. 23 1973, p. 3Ibid., p. 3183/•••••

- 183. -organizations sU~h as "QONDA" and "MASINGAFI".9.3.5 Crime-Preventing Organizations.The African communities in the townships have establishedcrime-preventing organizations like "QONDA" (DE STf1AICHT)and "MASINGAFI" (LET US NDT DIE). The activities ofthese organisations should be expanded and reinforced.9.3.6 The Prisons Department.As certain activities of the South African Police andthe Departments of Justice and Prisons overlap to aconsiderable extent, these three departments shouldco-operate more intimately in the prevention of crimeamong the Africans.The rehabilitation programme of the Prisons Departmentincludes,inter alia, religious care, education andguidance as well as psychological services.(a)Education and guidance.During the year ended 30 June 1973, 293 prisonerssat fo~ school, technical and academic examinations.In all, 32 prisoners obtained certificates.the 394 prisoners whoOftook trade tests, 245 weresuccessful. The literacy project has now beenestablished in 24 prisons.During the year ended30 June 1973, 351 illiterate prisoners completedthe course. 12)(b)The Psychological services.This section is still grOWing and at present has12 members at its disposal. Seven members are atPretoria Central Prison ;one is stationed atVictor Verster Prison, while four members areat present engaged in full-time study at Univer~ity~3)The above services should be consolidated and shouldform an intergral part of the rehabilitation programmein the African prisons.12) Statistical Report of the Commissioner of Prisons of theRepublic of South Africa for the period 1 July 1972 to 30June 1973, R.P. 91/1973, pp. 12-13.

- 184 -The employment of more qualified African warders,criminologists, psychologists, social workers andeducationists to aid the Prisons Department intheir commendable efforts to rehabilitate Africanoffenders is of vital importance. In this regardthere could be greater co-operation between thePrisons Department and the Black Universitiesin the training of students. To keep pace withthe ever increasing need for greater efficiencythe Prisons Department should, where possible,offer scholarships and bursaries to enable Africanstudents to pursue degrees and diplomas at theUniversities with a view of following a career inthe Prisons Department.9.3.7 Educating the Public about the Dangers of the Abuseof Liquor.The high incidence of crimes pertaining to the liquorlams among the Africans, is a clear indication thatthe public needs to be educated in the use of liquor.The manycases of drunkenness which result from careles~. "-methods of drinking of concoctions and the whiteman's liquor, could, therefore, be reduced considerablyby educating the drinking public about the dangersand consequences of the abuse of liquor.In the African commui"litiles'in.!mddern:tiJmes, .... thec;unhealthypractise of sending children to go and buyliquor from bars, beerhalls and"shebeens\' should bediscouraged, both by the parents....and owners of barsand beerhalls in order to prevent the contagion ofbad example.9.3.8 Compulsory Education.Uptill now there has been no compulsory education amongthe Africans. This has led to many problems connectedwith illiteracy, late age in attending school, delinquenc)and crime. In the area u~der investigation, the presentresearcher was struck by the advanced ages of children

- 185 -in the substandards,asw~llas by the great number ofchildren of school-going age who either just stay athome or are employed as domestic servants or asherdboys, looking after cattle and goats.Literacy is a basic tool for successful living. A statusof illiteracy is inimical to the requirements for successfulliving.9.3.9 Other Recommendations.(a) The investigator recommends that there should bean increase in the number of public telephonecall boxes in the African townships. When aviolent crime has been committed, in some cases,phoning the police delays until the vic_im diesor the offenders escape.Cb)Also in places which are difficult to reach bycar, efforts should be made by the authoritiesto improve the network of roads leading to thoseareas. The same is true of road and street lights.In conclusion, the investigator recommends thatthere must, above all, be an on-going researchprogramme directed towards the question 'of cri meamong the Africans. Such a research programmeshould be carried out over a long period, andshould lay particular emphasisonctbe, problem,of cultureconflicts and the criminal subculturesin the modern African society.9.4 Summary.It has become abundantly clear in this chapter that crimeis a community phenomenon which calls for the c8-operationof the state and the communit~ in general for its prevention.Among the Africans in partiCUlar, the prevention of crimeisa much more complicated task than it is in the caseof the Whites, for instance. This is because of theculture-conflicts and the criminal subcultures foundin the modern African communities. Some of the most impor-185/•••••

- :ll.86 -tant agencies which can be of help in the prevention ofcrime among the Africans are acts of parliament,decriminilisation, the police, crime-preventing organisations,the prisons department, compulsory education andadult education or upgrading adult literacy. The prisonsare of particular importance here, because when offendersland in prison, it implies that prevention of crime hasfailed in the community. For this reason,preventing aperson from landing in prison is a much more realisticapproach than to wait until he transgresses the law andthen send him to prison and expect him to be rahabilitated.187/.....•

187Summary.The present investigation gives a systematic ex~osition ofcrime among the Africans in Mtunzini and compares it withcrime among Af.ricans in South Africa.Thecriminality of the modern African must be seen in the lightof its historical setting·. For this reason the present extentof crime among Africans has also been compared with the extentof crime among the traditional Africans in previous times.This comparison brought to light that the crimes committed byAfricans in modern times differ considerably in volume= andnature from those committed in the traditional times. Themain crimes in the past were witchcraft, rape, incest and treason;and their classification was very simple. They were dividedinto crimes against the individual and crimes against tribalauthority.Cultural conflicts arose when the Africans came into contactwith the White man's culture. The Africans did not onlyadopt the White man's religion, business methods and liquor,but also became subject to a law he did not understand.Cultural conflicts ate inevitable when the norms of one culturalarea come into contact with those of another. In introducingtheir legal system to the tribal Africans, the Whites, therefore,declared as offences many ancient practices of the inhabitantswhich their customs permitted or imposed. Thus, among theAfricans many forms of violence which today are tantamount toassault in terms of the law of the land, were not regarded ascrimes.in traditional 8antu law, and were not punishable.The transformation of the culture of the Africans from ahomogeneous, well-integrated type to a heterogeneous anddisintegrated one has resulted in the creation of criminalsubcultures of violence, "tsotsism", "shebeens" and witchcraft.Any explanation of the criminality of the Africans must takecognizane-of these criminal subcultures.The crimes showing a high incidence in modern times areviolations of personal and'. s:ocial relations, . community life and188 7.....

- 188 ~crimes against property.My research has revealed that Africans below 30 years commitmostly property crimes, while those above 30 years commitmostly crimes pertaining to social relations, personalrelations and crimes against property. During the periodunder review, males were responsible for 82 per cent of allcrimes committed in Mt~nzini, while females were responsiblefor only 18 per cent.The cost of crime in terms of property lost and human suffering istremendous" For this reason, more purposeful researchshould be conducted into the problem of crime among Africans.189/~ •.•.

189Opsomming."Die resultate van hierdie ondersoek bied hsistematiese uit­~eensetting van misdaad onder Bantoe* in Mtunzini en die;gegewens word vergelyk met die oor misdaad onder Bantoein Suid-Afrika.,Die" misdadigheid van die moderne Bantoe moet gesien word in.die lig van sy historiese milieu. Derhalwe is die omvang vanmisdaad onder Bantoeook vergely met die omvang van misdaad,ander die tradisionele Bantoe in vorige tye. Die vergelykinghet getoon dat die misdade wat deur Bantoe in die moderne tye,gepleeg word, aansienlik in omvang en aard verskil van diewat gedurende die tradisionele tydvak gepleeg is.Die vernaamstemisdade in die verlede wastowery, verkragting, bloedskandeen verraad; en omeenvoudig.hulle te klassifiseer was baieHulle is naamlik verdeel in misdade teen dieindividu en misdade teen die stamowerbeid.Kulturele konflikte het ontstaan toe die Bantoe met die Blankese kultuur in aanraking gekom het.Die Bantoe het nie alleendie witman se geloof, sakemetodes en sterk drank aangeneem nie,maar het ook onderworpe geraak aan hwet wat hy nie begryphet nie. Kulturele botsings is onvermydelik as die norme van,een kultuurgebied in aanraking kom met die van h ander. Metdie instelling van hul regstelsel vir die stam-Bantoe het dieBlankes derhalwe baie ou gebruike van die Bantoe wat deurhul sedes~ho~gelaat of afgedwing is, tot oortreding verklaar.·G~vo:glik is baie vorme van geweld wat vandag gelykstaan aan,aSirandiog ingevolge die landwet, nie as.misdade volgensdie tradisionele Bantoereg beskou nie en waSstrafbaar nie.hulle oQk nieDie transformasie van die kultuur van die Bantoe na hhomogene,goed-geintegreerde tipe tot h,heterogene en gedisintegreerdekuituur het tot gevolg gehad die skepping van kriminele subnkulture van geweldpleging,,.- ' •• ~ I ·';'_L~~~:_·11"tsotsisme , "sjebeens ,.en toordery.*Di~term word vir die enkelvoud en meervoud gebruik,190 / •••••

- 190 -Enige verduide1iking van die krimina1iteit van die Bantoemoet hierdie kriminele subkulture in aanmerking neem.Die misdade wat h hoe voorkoms-syfer in die moderne tyd toon,is skending van persoonlike en maatskaplike verhoudinge, vandie gemeenskap1ewe en misdade teen eiendom.My navorsing het getoon ~at Bantoe onder 30 jaar meesaleiendomsmisdade pleeg, terwyl diegene bo 30 jaar meesalmisdade pleeg in verband met maatskaplike verhoudinge, persoonlikeverhoudinge, en misdade teen eiendom. Gedurend~ dietydperk van ondersoek was mans vir 82 persent van die misdadein Mtunzini verantwoordelik, terwyl vroue vir slegs 18 persentverantwoordelik was.IDie koste van misdaad in die vorm van verlore eiendom en~, ,menslike lyding is ontsettend. Om die rede behoort meerdoelgerigte ~avorsingBantoebevo1king onderneem te word.na die probleem van misdaad onder die191 / •••••

191BIBLIOGRAPHY.BOOKS.1. Bain, G.C.B.2. Barnes, H.E.Teeters, N.K.Crime - The American Negro and theUrban Native in South Africa, TheCarnegie Visitors Grants, Pretoria,1938.New Horizons in Criminology, PrenticeHall, Inc., New York, 1961.3. Bell, J.Crime In Our Time,1962.Nicholas, London,4. Bonger, W.A.5. Bryant, A.T.: Introduction to Criminology, De Erven,F.Bohn, Haarlem, 1951.: The Zulu People, As They Were BeforeThe White Man Came, Shuter andShooter, Pietermaritzburg, 1967.6. " " " : Olden Times in Zululand & Natal,Shuter and Shooter, Pietermaritzburg,1949.7. Cavan, R.S.. B. Cohen, A.K.9. Devon, J.10. Freed, L.F.11. Gardiner, A.F.12. Gibbens, T.C.N.Ahrensfeltd, A.H.13. GilU" J.L.14. Hellmain, E.15. Hoffmann, L.F.: Criminology, Thomas Y. CrowellCompany, New York, 1947 .: Delinguent Boys; the Culture ofthe Gang, Rautledge and Kegan Paul,London, 1956.: The Criminal and the Community,John Lane Company, New York, 1912.: Crime in South Africa, Juta and Co,Ltd., Johannesburg, 1963: A Journey To The Zoolo Country, Struik,Cape Town, 1966.:[u1tural Tattors:"in Delinguency,Tavistock Publications, J.P. LippincottCo.,Montreal, 1966.: Criminology and Penology, AppletonCentury Crofts Inc., New York, 1946.: Problems of Urban Bantu Youth, SouthAfric61 Institute of Race Relations,Johannesburg, 1940.: The South African Law of Evidence,Butterworths, Durban, 1970.192 / •••••

- 19216. Horton, P.S.17. Hubbard, L.R.18. Hurwitz, S.19. Junod, H.P.20. Kidd, D.2l. Krige, E.J.22. Lander, B.23. Landsdown, C.W.H.Hoal, W.G.24. Laubscher, B.J.F.25. Lunden, W.A.26. Mannheim, H.27. Mayer, P.28. Mbiti, J.S.2~. Mc Clintock, F.H.30. Molema; S.M.31. Nels, A.32. Nyembezi,S.: Sociology, Mc Graw-Hill Company,New York, 1964.: Scientology - Twentieth Century Religion,London, 1972.: Criminology, G.E.C. Gad Publishers,Copenhagen, 1952.: Bantu Heritage, Hortors Limited,Johannesburg, 1938.: The Essential Kaffir, Black, London,1925.: The Social System of the Zulus,Shuterand Shooter, Pietermaritzburg, 1965.: Towards an Understanding of JuvenileDelinguency.A Study of 8 464 Casesof juvenile Delinguency in Baltimore.U.P. Columbia, New York. 1955.: South African Criminal Law'andProcedure. Volume 11, Juta and Co,Cape Town. 1957.: Sex. Custom and Psychopathology,Houtledqe and Keqan Paul, Ltd,Lond-on-,--19~------ --: Crimes andCriminalsi The IowaState University Press, Ames. 1967.: Comparative Criminology, A Textbook.Volume I and 11, Routledgeand Kegan Paul. London, 1965.Townsmen or Tribesmen. O.U.P.,Cape Town, 1963.: African Religions and Philosophy,Heineman, London. 1969.: Crime in England and Wales. Heineman,London, 1968.The Bantu. Past and Present, Struik,Cape Town. 1968.: The Hobo, The University of ChicagoPress. Chicago, 1923. •: Mtanami! Mtanami!, Afrikaanse PersBoekhandel, Johannesburg, 1950.33. " " : Zulu Proverbs, Wits University Press,Johannesburg, 1954.193/•• ~.

- 193 -34. Patrick, C.H.35. Phillips, R.E.36. Plant, R.: Alcohol, Culture and Societ1,Duke University Press, Durham,North Carolina, 1952.: The Bantu in the City -A Studyof Culture Adjustment on the Wits,The Lovedale Press, Cape 1936.The Zulu in Three Tenses, Davis,Pietermaritzburg, 1905.37. Reader, O.H.Xhosa in Town,1961.O.U.P., Cape Town,38~ Reckless, W.C.39. Ritter, E.A.: The Crime Problem, McGraw Hill BookCompany, New York, 1940.: Shaka Zulu, Longmans Green Ltd.,London, 1955.40. Roucek, J.C.Sociology of Crime,New York, 1969.Greenwood Press,41. Schapera, I.42. Sellin,T.43. Seymour,S.M.44. Sutherland, E.H.The Bantu - Speaking Tribes ofSouth Africa, Maskew Miller Ltd.,Cape Town, 1950.Culture Conflict and Crime,SocialScience Research Council, New York,1938.: Bantu Law in South Africa, Juta andCo., Cape Town, 1970.: Printiplesof Criminology, J.B.Lippincott Company, Chicago, 1947.45. Taft, D.R.Criminology, The MCNew York, 1947.Millin Company,46. Valentine, C.A.47. van Bemmelen, J.M.48. van der WaIt, P.J.49. Venter, H.J.Retief, G.M.50. Venter, H.J.: Culture and Poverty, The Universityof Chicago, Chicago, 1968.: Criminologie, Leerboek der Misdaadkunde,N.V. Uitgewers - Maarskappy,Zwalle,l952." .: h Sosiologiese Klassifikasie vanMisdade, Nasou, Kaapstad, 1965 •. ' Bantae-Jeugmisdaad, NasianaleHandels - drukkery Bpk., Elsiesrivier,1960.: Kriminologie, Croft Press Bpk.,Pretoria, 1966.51. "If tI: Residivisrne, H.A.U.M. Kaapstad,1966.194/..• ..

- 194 -52. Vilakazi, A.53. von Her'rtig, H.54. Willemse, W.• A.55. Wilson, M.56. Whitfield, G~M.B.57. Wolfgang, M.E.58. Young, P.V.: Zulu Transformations, A study ofthe Dynamics of Social Change, theUniversity of Natal Press, Durban,1962.: Crime, Causes and Condi tions. Mc Graw ­Hlll Book Company, New York, 1947.Kriminologie, Afrikaanse Pers Bpk.,Kaapstad, 1963.Langa, A Study of Social Groups in anAfrican Township, Oxford UniversityPress, London, 1963.: South African Native Law, Juta andCompany Ltd., Cape Town, 1948: The Subculture of Violence, TowardsAn Integrated Theory in Criminology,Tavistock, London, 1967 •.: Scientific Social Surveys and Research,Prentice Hall Inc., Englewood Cliffs,N.J., 1961.JOURNALS.1.' Abstracts on Criminology and Penology, Volume 11, KluwerB.V., Deventer, The Hague, 1971.2. Journal of Criminal Law, Criminology and Police Science,Volume 50,No.6: March/April, 1960 The Williams and WilkinsCompany, Baltimore, 1960.3. Nicro Criminological Journal, Crime Punishment and Correction,November 1972, Volume I, No.2 and June 1974, Volume 3, No.2issues.UNPUBLISHEDDI SSERTA TI ONS.1. De Clerg, J.L.W. : "Die Politieke en Judisiele Organisasievan die AbakwaNzuza vanMtunzini~' unpublished ~l.A. dissertation,University of Pretoria, 1969 •.2. Poodhun, E.E. "Parole Services for Indian Offenders",unpublished M.A. dissertation, Universityof Durban - Westville, 1972.ACTS OF PARLIAMENT.1. Bantu ~dministration Act, No.3B of 1927, as amended, The.Government Printer, Pretorial, 1959.2. Criminal Procedure Act, No. 55 of 1956, as amended, Unity,Secretarial Services, Johannesburg, 1971.• 195 / •••.•

- 195 -•REPORTS.1. Annual Report ef the Commissioner of the South AfricanPolice for the year ended 30 June 1972, R.P. 23/1973.The· Government Printer, Pretoria, 1973.2. Code list of Offen~es, S 28C. 1963, Bureau of Statistics,Pretoria, 1963. c~3. Report No. 08-01-04, Statistics of Offences and of PenalInstitutions, 1967-1968. The Government Printer, Pretoria.4. Statistical Report of the Commissioner of Prisons of theRepublic of South Africa for the period 1 July 1972 to30 June 1973, RP 91/1973, . The Gove:cnment Printer Preto'ria,1974.1. 8odensteiA, J.W.2. cronje, G.3. Damman, E.4. Hiemstra, V.G.5. Kruger, J.T.6. Matseke, M.: "The·.Bahtu Ex-Prisonar"~·:..A. P.ap.ll.r..... ,~Bad.atthB 2nd Annual.General Meeting01' fhe BantLi Prisoners Aid Committee"ofSoCial SSl'vices ;AssoCiationof..Soullh­Africa, Durban, 27.9.1969.: "Society's Approach to the Preventionof Crime". A paper read at the NationalCriminological Symposium on thePrevention of Crime, held at UNISAfrom 28 to 31 August 1973."Bantu Thinking as reflected in theirlanguage",an address delivered atthe University of Zululand on 23.3.1970.: "Compensation for th e Victim of Crime",A paper read at the National Criminolo.~gical Symposium on the preventionof Crime held at UNISA from 28 to31 August 1973."The Approach of the State With Regardto the Prevent10n of Cr1me", A paperread at the National Cr1m1nologicalSymposium on the Prevention of Crimeheld at Unisa, from 28 to 31 August,1973.: "The African's Attitude Towards Crimeand His Loyalty to his Employer", a•196/ ., .

- 196 -; paper read at the N.D.M.F. Conferenceheld by the East Rand region inAugust 1971.7. Meer, Fatina. : "The Challenge of Crime", A paperread at the NICRO Conference heldin Durban on the 8th. September, 1973.8. Ndabandaba, G.L. : "The Consequences of Crime h , Apaper read at the National CriminologicalSymposium on the Preventionof Crime held at Unisa from28 to 31 August, 19739. Sephton, A.C. : "The Experience of Punishment",A paper read at the NationalCriminological Symposium o~ thePrevention of Crime held at Unisafrom 28 to 31 August, 1973.10. van Heerden, T.J. "Policing in Modern Society",A paper~read at the Nation~lCriminological Symposium on thePrevention of Crime held at Unisafrom 28 to 31 August, 1973.11. Waldron, J. : "Current Problems Facing the Policein the British Isles",A paper readat the National CriminologicalSymposium on the Prevention ofCrime held at Unisa from 28 to 31August, 1973.ARTI CLES.1. Labuschagne, J.J." : "Crime in South Africa", quotedin the NICRO CriminologicalJournal, Crime, Punishment andCorrection, Volume 1, No.2 November1972, Cape Town.2. MokoBna, S. : "Witman Se Straf Te Pap", quotedin the NICRO Criminological' Journal,Crime, Punishment and Correction,Volume 3, No.2, June 1974, Cape Town.3~ Ndabandaba, G.L. "Crime and the African" quotedin the NICRO Criminological.,Journal,Crime, Punishment and Correction,Volume 3, No.2, June 1974, Cape Town.DICTIONARIES.1.Bryant, A. T.•: A Zulu-English Dictionary, TheMarianhill Mission 'Press, Pinetown,1905..197/••••

-197 -2. Colenso, J.W.: Zulu-English Dictionary, GreggPress Ltd., Hants, 1967.3. Doke, C.M. Zulu-EnglishUniversity ofJohannesburg,Dictionary,Wits Press,1958.TheNEWSPAPERS.1. "ILANGA", Saturday, December 11, 1971, and SaturdayJuly, 1973,Durban.2. THE DAILY NEWS, Friday, October 4, 1974, Durban.3. Week-end World, Saturday 30 October, 1971, Johannesburg., '

- 198 ­APPENDIXA. ~;-\_ -c• '-~ .-\! !iIIORIENT AS!EKAAR7: {;•..'"i •IIIt•i( .........-- ,IIIf I~-IIIIi:I.--NATALi! -t'lnZ ll"liiistri KI/.•j."fI Iso 0sa~..;;t~~-.~ -- . -. __.-r'.~-'":-" _ ._.---~----------too ""I"-•,:'f! "I•

- .J.";J";J ­APPENDIX ·AMTUNZ'NIOISTR'KEMPAIlGEIIIO/STRIK/l!t:rUIIZINI:[...Cl)~'"Q'"lJ.J .!r_...0 ABAKWAHZUZA - GEBIED ~~~'"AhDER 8AIlTOEllEB/EOE ~'0{~CIJ0I. A8/1KWANZINElA2. ABAKWANKWANAZI].ADAKWAOUBE4. A8AKWAZUlIJSo ABAKWACAMDINIBi.....NKEGE8'COEKlEURlIN17GEB,EDE0[]•STAATS"RONDE ~•CEFARTENENTBOSSOUDEPART FI4ENT GESONOHEIDr:JIlillt__,;;O_,;,I=,;.l_];.-.~" HYl•

. G.P.-S.I1J74-1973-74-200ll·:i.08 (M-s)MMND MONUl- . 19_.L,~,"~~.J(I) Mi\3Pdctiksc"ol~.lOmr:h"(~) V.B...r.o.(1) I\hmdl1y ~rialNo.(1) O.iL rw. liD'" and "m"--__~200 ­APPENDIX(1) Haam: (2) P.ns: (3) GestJ.r.: (4) Ouderdom: (5) J3er0cp. (a'rcnooo:~.tb, WcrklrinG,: (c~ G

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