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Deel 2 van "SOCIAL  DISORGANIZATION, CRIME AND THE URBAN BANTU PEOPLE OF SOUTH AFRICA" deur GM Retief

                                             "CRIME AND THE LAW

Any individual's attitude and conception of right and wrong is determined by the standards observed in his own culture. The concepts of the organized community are imparted to the individual growing up in that cultural unit so that these concepts become internalized. The notion of cultural relativism implies that moral values and norms are not universal, but it does not deny the validity of these values and norms to the people who belong to the culture. The concept of cultural relativism warns the research worker not to make generalizations about 'normal' or 'abnormal' behaviour when dealing with cultural and ethnic groups other than his own.

As has been stated before, the individual's resistance to crime and anti-social conduct is determined by community factors but also by the extent to which he has assimilated into his personality the norms of the group and the values of his culture. If these are well-integrated into his life-pattern, he will be able to resist the consequences of social disorganization.

As a result of the move to the cities, the Bantu peoples have suddenly found themselves no longer subject to tribal law but to the laws of the White people. The Bantu people have had no part in the making of the laws of White urban society. The communal needs of the group also form no background to the social norms on which these laws are based. The ruling legal system has no emotional or ethical value or meaning in his personal make-up. It is therefore clear why the African sometimes comes into conflict with the White man's laws and why the sanctions and laws applicable to White people are only partially accepted by the Bantu peoples in the urban sector. Because of the individual's and the community's attitude towards the legal system, a clear difference between the influence of legal norms in the urban and rural areas exists.  Within the tribe, the legal code is comparatively well developed since it originates within the tribe itself and the behaviour of the individual is socially regulated and directed in a spontaneous  and natural way.

Another relevant factor is the possibility of discrimination in the application of the criminal law. Several American investigators have indicated to what extent and in which way the application of criminal law in the United States discriminates against Blacks, with a consequent adverse effect on the Negro crime rate. These investigators, for example, cite the observation that Negroes are more readily arrested than Whites and sometimes merely on suspicion.  They are more readily prosecuted and find it difficult to obtain bail. In most cases they have to manage without legal representation and in court they are, almost without exception, found guilty. They are also more likely to be imprisoned than fined and are given fewer suspended sentences; are seldom liberated on parole; are imprisoned for longer periods and receive the death sentence more often than White Americans. Prejudice and subjectivity on the part of the  police, public prosecutors,  juries and judges apparently play an important role.

Some South African investigators hold the view that the South African courts discriminate against Blacks in a similar fashion. But it is important that, in making this assertion, certain facts should not be overlooked. The lesser degree of development among the recntly urbanized Africans results in the commission of crimes in a clumsy and unsophisticated manner that arrest and eventually conviction follow inevitably. The African's reaction towards imprisonment is also of relevance for as he attaches less shame or stigma to imprisonment than Whites, he sometimes prefers imprisonment to paying a fine. The lower social, economic and political development of the Bantu people also bring them into conflict with the law far more readily and sooner than the Whiets and the readiness with which Africans change their place of residence or employment in the urban setting makes pre-trial detention rather than release on bail necessary.

The factor of differential treatment in society must also be taken into  consideration both in  South African and American society where it has relevance for the incidence of crime among Blacks. The particular population composition and level of development relegate the Black South African, as compared with the White, to a different position in professional life, education, place of residence and use of public places. Of vital importance is the African's  own belief that he is subjected to discrimination  and injustice. This may result in hatred and aggression.

In South Africa resistance to the White man and the law in the form of organised group crime, occurs fairly often. In addition, Black South Africans frequently rationalize their criminal activities, especially theft and other property crimes, by explaining  that the White man owes him a living.

The explanation of criminality among an ethnic group such as the Bantu peoples of South Africa, must carefully consider the cultural backgroud and historical development of the group. In the United States various resarch workers have examined the deviance of  American Blacks within the framework of their cultural background and have emphasised the role and significance of their long history of slavery, their location in a caste situation and their involvement incultural conflict.

As a result of contact with the White people of South Africa through the years, the Bantu peoples have developed special attitudes that have affected their conduct to a substantial degree. An important factor controlling the behaviour of the individual is his degree of self-esteem and the expectation of others. This is also true of a group of people. Because of a lesser level of development, the Bantu people frequently feel inferior to the Whites and the attitudes and actions of some groups of Whites further accentuate this feeling of inferiority. The causes for this cannot be examined here but the fact remains that present standards of development among the Bantu peoples result in a  spiritual immaturity or insufficiency that directly limits their future growth and development. Because of the high incidence of crime among the urban Bantu people, they are seen as inherently criminal. This attitude naturally encourages further involvement in crime.  The African has littel prestige and no reputation to maintain and has little to lose by embarking on a criminal career. Transgression of the law becomes normal or expected and not unusual conduct. In such circumstances the moral and value standards of the whole community may in time  degenerate until no high ideals or ambition or striving for betterment exist. Acquiescence and resignation may result. Deviance and crime become commonplace and public opinion becomes indifferent  and apathetic. The weakening or even disappearance of social sanctions may produce an increase in crime.

Culture conflict also has an important role to play. Various investigators in the United States have examined the relevance of culture conflict on the incidence of crime and the study of acculturation has examined the role of the individual in the process of cultural contact and cultural adoption. Contact between different cultures cause great tensions for both cultural groups, especially when one cultural group feels superior to the other. This may cause friction between groups and confused behavioural standards may result. It is then that criminal behaviour begins to be regarded by those involved as a class struggle in which compensation for suffering and experience of injustice is sought. Punishment becomes not a stigma but a type of class martyrdom. It is interesting that in situations where Black Americans have been able to develop their own social institutions  independently, the criminal record is low. The diminished cultural conflict must explain this finding.

THOUGHTS ON FUTURE POLICY

In interpreting and explaining the phenomenon of urban African crime, the social disorganization model which stresses the weakening of group controls must be explicitly used. It is premised that urban Bantu crime is essentially due to the machinery of social control. There are two important elements in the deterioration and decline of group control. There is, on the one hand, the disintegration of the social organization of the group itself and on the other, the decay of group values. When it is remembered that the maintenance of group control depends on a combination of social structural ties and group values, the implications are obvious.

In the case of the urban Bantu people, the circumstances which make it difficult for the group to control its members and transmit its traditions  are present to a lesser or greater extent. The adverse circumstances are essentially the loss of normal group functions as a result of which group activities and norms have little meaning for the individual. There is conflict between value systems, between values and between values and goals. There is also a conflict between goals and their attainment. The loss of normal group functioning and the weakening of group ties heighten value conflict since the group is less able to transmit its moral and value standards effectively. On the other hand, heightened value conflict weakens group ties which are based partially on the acceptance of group values. The result is a vicious circle which may culminate in the collapse of social control.

It is, however, necessary to guard against the one-sided emphasis of the theoretical perspective of social disorganization  in the explanation of urban African crime. Crime committed by Bantu people cannot only be explained in terms of social disorganization theory. Although this theory describes most accurately the social processes pertinent to the manifestation and origin of crime in the city, it is necessary to investigate the causes and consequences of these processes. It must also be remembered that what sometimes appears to be a disintegration oftraditional groups and structures may not in reality be so. An apparent loss of function may often be  a strenghtening of such functions in a different guise. But in spite of these and other possible limitations, the social disorganization  approach provides the most comprehensive view of urban crime among the Bantu people.

If it is recognized that urban African crime in South Africa is due largely to social disorganization and the collapse of social and group controls, it is obvious that in combatting the problem, the internal strenthening of the urban Bantu community must be encouraged. This implies the establishment and consolditation of stronger binding and stabilizing elements  in the community. A regular social life which can only be based on closely bound groups and assured social values, is desirable.

As the westernization of the Bantu peoples follow logically from contact and since contact cannot be avoided, the continuation of the process must necessarily  be accepted. But, at the same time, it must be remembered that an over-hasty and forced assimilation of Western cultural values and traits can only be to the detriment of the Bantu people of the city. A natural and gradual process of selective adjustment is necessary. Only those elements that can be integrated without ill-effect should be adopted while those which are functional and of value to the tribal culture must be maintained alongside the new and must serve as a framework into which new elements may be incorporated. Only then can the old and  new combine in a positive rather than disintegrating process. A stable social organization in which the individual can give proper expression to his individuality can then be re-established."