Country Analysis
South Africa is a nation found in the Southern region of Africa. The country, which is racially diverse, encompasses majorly black individuals with a small percentage being white and Asian. As part of the developing world, South Africa boasts of the most industrialized economy in Africa despite the region experiencing long periods of slow economic growth. Even when it stands as the economic leader in Africa, the country is marred by deeply rooted socio-economic issues many of which touch on racism and xenophobia. The nation comprises numerous bantu tribes including the Tswana, Xhosa, Tsonga, Pedi, Zulu, Venda, Sotho and the Swazi. It is also home to the White Afrikaners who are the descendants of the white colonists. It also includes other smaller ethnic groups such as Indians who came into the country as servants to the white colonists during the colonial period. South Africa cannot be classified by a single culture as the region is extremely diverse in ethnicity. Apart from the languages spoken by the aforementioned communities, it includes other African, Asian and European languages and cultures.
South Africa holds a crucial inter-governmental role in the African Union (AU) and this has immense impact on the economic advancement of the region. As part of the AU, the country can develop and advance trade unions, take part in investments and advance meaningful political engagements in Africa. These eventually lead to continued growth for its economy. Agriculture is a major contributor to economic growth and stability at the local level ( Puaschunder, 2019) . It is one of the largest employers for South Africans with a large amount of the fertile lands owned by white farmers who mainly source for labor from the black community. Despite this impressive economic stand, South Africa is challenged by social and economic inequalities. A high number of the blacks are poor and unemployed and many live in informal settlements ( Puaschunder, 2019) . These immense inequalities have resulted in an increase in crime and other social vices such as xenophobia.
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Law enforcement responsibilities are primarily assigned to the South African Police Service (SAPS) ( Mason et al., 2019 ) . Law enforcement practices are challenged by increased cases of impunity in the SAPS and in the Department of Correctional Services (DCS). It is characterized by numerous instances of violence against suspects or prisoners and in many instances, the involved enforcement officers rarely face the consequences for their acts of violence or torture against suspects. Other instances of impunity, including case of corruption, characterize law enforcement in the region. The lack of prosecution for such cases in law enforcement result to questions regarding the credibility of the entire criminal justice system in the region ( Hoeyi & Makgari, 2021) ) . The lack of valid prosecution measures for these law enforcement officers is deeply rooted in the country’s apartheid history where violators of human rights went unpunished and this set precedence for acts of violence and impunity in law enforcement ( BBC News , 2016) . As one of the foundational figures in the criminal justice system, a law enforcement force tat is marred by impunity eventually result in a less efficient criminal justice system.
South Africa enjoys a cordial relationship with the U.S which is evident through the massive U.S. diplomatic presence in the country. The two parties share common diplomatic values immense areas of agreement on the development goals of the African region as a whole ( Alden & Schoeman, 2015) . South Africa has hosted high diplomatic U. S. visits before with two of these being by the former President Barrack Obama. Nonetheless, U.S congressional activity in the region has greatly reduced in recent times. The country however boasts of strategic partnerships with the U.S including immense investment in its healthcare with the special focus on HIV/AIDS ( Alden & Schoeman, 2015) . Given its economic influence and political position in Africa, South Africa stands as the greatest beneficiary of U.S assistance.
The region is a constitutional democracy with the national, provincial and local governments survive different purposes at their given governmental levels. The three levels of government are interdependent but the judiciary is independent which means it operates without the interference of the rest of the government. The South African national government is primarily involved in law enforcement through legislation. It engages in the development of legislative provisions that oversee activities that are part of law enforcement. It is an indication that the national government controls most if not all of the activities performed by law enforcement bodies. The country employs an uncodified legal system meaning that its laws originate from more than one source. The numerous bases for law in the nation include legislation, indigenous law, case law, custom and common law ( Keuthen, 2014) . Laws sourced from these bases are all merged into the South African constitution. The constitution currently stands as the primary determining body in the nation’s legal system. South Africa’s criminal justice system encompasses six main players. SAPS is responsible for the investigation and prevention of crime. The body is further tasked with arresting suspected criminals ( Alexander et al., 2015) . The National Prosecuting Authority holds the power to decide whether a suspected criminal, arrested by SAPS should be prosecuted or not. The judge or magistrate stands as a presiding officer who decided whether the prosecuted individual is guilty or not. The officer also decides on the punishment deserved by the individual in the instances that he or she is found guilty. The Department of Justice ensure the access to justice for everyone. As part of the Department of Correctional Services (DCS), the prison system is also another party involved in the country’s criminal justice system. It carries out sentences from the courts and ensures that criminals are rehabilitated ( Goitom, 2014) . Probation officers or social workers engage with victims of crimes, families and the community at large.
The Crime Committed
While going through the South African customs, the bag search revealed that I was in possession of 10 grams of cocaine worth more than $1100. My backs were handed to me and I was asked to follow a customs officer to one of the offices at the airport. The officer asked if I was the one who packed the bags and I agreed. He asked me to take all my belongings out of the bag as he searched it. He set aside a small bottle he found in the bag with white powder in it. The further ran the empty bag through the Xray machine to check whether anything was hidden inside. Once the Xray was completed, the officer left the room with the small bottle in hand. He came back and explained that a drug test was carried out on the contents of the bottle and it turned out positive for cocaine.
South Africa’s Drugs and Drug Trafficking Act 140 of 1992 attaches heavy penalties to any crimes connected to illegal drugs. Trafficking at the airport earns one extensive imprisonment periods which are determined by the amount and street value of the drugs. Possession of a dependence-producing and dangerous drug such as cocaine sets one up for imprisonment of up to 15 years ( Keuthen, 2014) . The extent of punishment in this case is determined by numerous factors including whether the possession charges are the individual’s first offense.
While going through customs, I was somewhat nervous because I was aware the bottle was in my luggage. The substance was not intended for sale but was primarily for personal use. After my bags were handed to me and I was asked to follow the customs officer, my anxiety increased because I suspected it was because of the cocaine in my bag. The officer took me to a secluded customs office and sked me if I was the one who had packed the bag and I agreed. He then asked me to open it and take everything out one by one as he checked. The bottle was at the bottom of the back and he took it out immediately he saw it. After conducting an Xray on the bag, he left with the bottle and came back after a short while. He expressed that I was being arrested for possible possession and trafficking of a dependency-producing and dangerous drug. The then read my rights to me and explained that I would be handed over to the South African Police Service for further questioning. The SAPS officers handcuffed me and took me to the station at the airport where I was questioned for an extended period. Throughout this experience, all officers involved ensured to explain to me what was happening and why. The customs officers ensured that I was aware why I was targeted for the process that I went through. The police officers ensured to explain to me the gravity of my offense and question me in a manner that allowed me to answer accurately. They explained that I had the right to engage the services of lawyer and because I was a foreigner, they explained how I could access the services of a professional lawyer. Throughout the process, I did not experience any form of violence from the involved law enforcement officers.
For foreign nationals detained for purposes other than deportation, the detention process involves the individual being taken to a police station or a different place that is specified on the warrant of arrest ( Hiropoulos, 2017) ) . While being detained, the individual is entitled to various rights including being informed of their right to set in motion bail proceedings and the right to be informed that they will be presented before a lower court in due time. The individual needs to be presented in court no later than 48 hours after being arrested as long as he or she has been charged and has been denied bail ( Hiropoulos, 2017) . It is an indication that any individual facing any charges that are beyond deportation would be placed in a police station and informed of their rights. The individual is then granted bail if their offense and the criminal justices system allows it. When bail is not granted, the law requires that the individual is presented in court within forty-eight hours after their arrest.
The judicial process set in place for the aforementioned crime is divided into three stages. These are the pre-trial, trial and post-trial stages. During pre-trial, the court determines whether there is enough evidence for the case to move to trial. The accused is asked he or she understands the charges during the initial hearing. The accused would be offered a sentencing agreement for a guilty plea as approved by the judge ( Goitom, 2014) . The accused is allowed reject the prosecution’s offer but maintain their guilty plea. He or she is also allowed to maintain their plea of not being guilty and the case goes to trial. During trial, prosecution presents evidence and witnesses to prove the accused in guilty of their crime. Unlike US courts that would have a jury hearing, South Africa only allows hearings presided over by the judge ( Keuthen, 2014) . The defendant also gets the chance to prove their innocence and the judge makes the decision of either guilty or not guilty. When found guilty the defendant is sentenced. Considering the current crime, the probable sentence would be up to 15 years ( Goitom, 2014) . The gravity of my offense would mean that I would be placed in a maximum-security prison. Therefore, after sentencing, I would be taken to one of the two maximum security incarceration facilities in the country the C-Max or Ebongweni prisons where I would serve my sentence.
Analysis
The criminal justice system in South Africa was extremely effective and carried out all aspects of the judicial process in an effective manner. It could be that the effectiveness was encouraged by the gravity of the crime. Possession of a dangerous drug such as cocaine would push any judicial system to take prompt action to ensure its citizens are protected. Therefore, the judicial system in this case was effective. From the actions taken at customs to when an individual is sentenced, the serious crime is handled with the intensity it deserves. All criminal justice officers ensure that all constitutional procedures are followed to reduce the chances of counter-suits or appeals from the accused. The 2018 world report on human rights indicates that by 2018, the country’s respect for human rights remained poor (United States Department of State, 2018). Reports of violence and in some extreme instances death have been reported on individuals accused of given crimes and under the custody of the nation’s criminal justice system. These acts of violence are also present in incarceration facilities as prisoners have also fallen victim of violent acts instigated by criminal justice officers (United States Department of State, 2018). Nonetheless, my experience in the criminal justice process was free of these human rights violations. All lawful due process were followed effectively and I was sentenced as deserved of the crime I committed. I would conclude that the process was this clean because I was a foreigner. I do suspect that if I was a local accused of a similar crime, I would have probably encountered varied human rights violations during the process.
Romans 13 demonstrates how God has accorded power to those in authority to maintain the law. He further commands that all people should obey what is dictated by the law and when they do not, God instructs law enforcers to punish wrongdoers as they deserve. The South African criminal justice system seems effective in fulfilling what God requires of it. Despite the incidences of corruption and violence against the accused, the system ensures that wrongdoers are punished as called for by their offenses. Nonetheless, Isaiah 9:7 demonstrates how justice should be conducted in righteousness. It means that even as justice is grounded in the constitution and the government, enforcers of these justice need to do so in a righteous manner. The methods they use need to be free of vices like corruption or violence. They should tret the accused or the victims with the highest level of fairness ensuring that punishments are carried out as deserved and justice for victims is timely. Criminal justice officers in South Africa, especially law enforcement officers need to act in a righteous manner when dealing with matters of justices. They also need to be considerate of offenders who may not afford lawyers to defend them and offer free public defense services for such individuals. This would ensure that such individuals have a fair chance of proving their innocence. They need to eliminate their violent and corrupt ways to ensure that justice is fair for the accused and victim.
References
Alden, C., & Schoeman, M. (2014). South Africa’s symbolic hegemony in Africa. International Politics , 52 (2), 239-254. https://doi.org/10.1057/ip.2014.47
BBC News. (2016). Police brutality caught on camera . BBC News. Retrieved from https://www.bbc.com/news/av/magazine-26538168.
Goitom, H. (2014). Sentencing Guidelines: South Africa | Law Library of Congress . Loc.gov. Retrieved 13 April 2021, from https://www.loc.gov/law/help/sentencing-guidelines/Southafrica.php.
Hiropoulos, A. (2017). Migration and detention in South Africa A review of the applicability and impact of the legislative framework on foreign nationals . Apcof.org. Retrieved from http://apcof.org/wp-content/uploads/018-migration-and-detention-in-South-africa-alexandra-hiropoulos.pdf.
Hoeyi, P., & Makgari, K. (2021). The impact and challenges of a public policy implemented in the South African Police Service, Northern Cape. Africa’S Public Service Delivery And Performance Review , 9 (1). https://doi.org/10.4102/apsdpr.v9i1.374
Keuthen, J. C. (2014). The South African prosecution service: Linchpin of the South African criminal justice system (Master's thesis, University of Cape Town).
Mason, R., Ngobese, N., & Maharaj, M. (2019). P erceptions of service provided by S outh African police service community service centres. Police Practice and Research , 22 (3), 1259-1276. https://doi.org/10.1080/15614263.2019.1644176
Puaschunder, J. (2019). Lessons from divesting S outh Africa during apartheid for a green economy. SSRN Electronic Journal . https://doi.org/10.2139/ssrn.3319737
United States Department of State. (2018). South Africa 2018 human rights report . State.gov. Retrieved 13 April 2021, from https://www.state.gov/wp-content/uploads/2019/03/South-Africa-2018.pdf.
