Harbour policing : a criminological investigation
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Date
1995
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Abstract
This research project which is the first of its kind in South Africa, entails a criminological study of harbour policing in South Africa. Firstly, it is primarily concerned with the historical development of harbour policing prior to its inception in 1916 in terms of the proclamation of The Railways and Harbours Regulation, Control and Management Act, Act 22 of 1916, as well as the period following 1916 which paved the way for
the dawn of the reorganization of Harbour Policing as an official police force on 1 July 1934 and thereafter. Secondly, this investigation aims at describing maritime jurisdiction by means of emphasizing the existence of different conventions, such as the Hague Convention of 1930, the Geneva Convention of 1958 and the Law of the Sea Convention of 1982, as no Parliament exists to pass laws pertaining to the sea. It appears from this investigation that maritime fraud, theft of cargoes on the open sea, piracy and the illegal sinking of ships, oil pollution, etc. are matters of great concern for harbour policing. Functional harbour policing seems to be dependent upon various role players,
such as :
* The- Sea Fishery Act (Act 12 of 1988), for the protection of our sea resources;
The Merchant Shipping Act (Act 57 of 1951);
The Department of Transport (Maritime section) to ensure a clean and safe sea;
The Defence Force (Navy} whose main task is to defend; The Natal Parks Board for conservation of fauna and flora; Customs and Excise Control to protect state funds;
The National Sea Rescue Institute to assist people in distress at sea: and
The South African Police service tor execution of the law and law enforcement.
Proactive functional harbour policing is based on short-term crime prevention techniques such as visible role-fulfilment by means of patrolling l
while reactive harbour policing entails the investigation of crimes committed on the sea, in the harbour and areas adjacent to the seal such as crimes mala in se and crimes mala prohibita.
This investigation rests on documentary studies I personal interviews and an empirical analysis and description of all types of crimes and functional activities handled by the Water Wing of the South African Police Service.
Recommendations include, inter alia, the following :
* Follow-up research on harbour policing to keep abreast with overseas development;
The role of the South African Narcotics Bureau (SANAB) with regard to the smuggling of dangerous producing and habit forming substances such as drugs as well as the illegal smuggling of weapons and other material; Closer co-operation between different units of the Water Wing and other "stakeholders" with regard to creating a sound knowledge of legislation pertaining to the sea: Education of criminal justice practitioners on the one hand and the general public on the other hand with regard to legislation applicable to the sea and adjacent areas; and The upgrading of security measures in South African harbour
Description
Submitted to the Faculty of Arts in fulfillment of the requirements for the Degree Mater of Arts in the Department of Criminal Justice at the University of Zululand, South Africa, 1995.
Keywords
Harbour policing, Harbour policing -- South Africa, Sea Rescue