Recap questions from the previous lesson

Discuss the importance of the Constitution and the Criminal Procedure Act as
the constitutional foundation for criminal investigation.

Explain the importance of the Criminal Law (forensic Procedures) Amendment

Act 6 of 2010 and the Criminal Law (Forensic Procedures) Amendment Act 37 of
2013.
THEME TWO: OBJECTIVES & PRINCIPLES OF INVESTIGATION
Dr. Nkosingiphile Mbhele
Criminology and Forensic Studies:201
Lesson 1
 Examining serial murderers and rapists in
South Africa
Before discussing the objectives, principles, and methods of forensic
investigation, we need to first understand crime in South Africa.
For this module, we will look at examples of serial murderers and rapists.
We will look at serial murder and rape present themselves through offenders,
victims, and modus operandi (MO). We will also show how the SAPS adapted to
identify and investigate these crimes.
Serial murder and rape occur throughout the world.
In South Africa, most cases came to the attention of the SAPS in attention mid-
1990s.
By 2007, the SAPS had identified 131 murder series, a majority were sexual in
nature.
 Examining serial murderers and rapists in
South Africa
In 2005, the FBI had a symposium in Texas where issues central to serial
murder were discussed among delegates, among them, the definition
of serial murder.
Most definitions included the number of victims, number of murders,
timeframe of murders, and motivation.
Serial murder is defined as the ‘unlawful killing of two or more victims
by the same offender.’ (FBI serial murder symposium, 2005).
The definition is consistent with the one used by the SAPS reflected in
the Policy on the Investigation and Management of serial rape and
murder.
 Examining serial murderers and rapists in
South Africa
This definition allows for one or more offenders, two or more victims,
and at least two separate occasions by some offenders.
However, one of the shortcomings of this definition is that offenders
progress from two-victim group to eight or more victim group.
One researcher argued that the definition should be based on
intentionality. E.G. Jose da Silva case and Chane van Heerden and
Maartens van de Merwe.
By requiring two murders, the definition is limited.
 South African perspective on serial murder
Most research and publications on the topic of serial murder are from
outside the borders of Africa.
The largest South African serial murder study to date is a collaborative
study between the SAPS Investigative Psychology unit and the
Department of Psychology of the City University of New York.
The sample consisted of 33 of the 54 solved murder series in SA
between 1953 and 2007, and used case files as a source of data.
The sample had 33 offenders, 302 victims, and 254 crime scenes.
 SA perspective on serial murder
In terms of crime scene location, more than 75% of the crime occurred
outside in open veld. South African serial murder offenders tend to
come from low-income groups and are often not in possession of
vehicles. This affects their MO and lures the victims with a con story.
With high unemployment, many females are desperate for employment.
Many victims use public transport and walk long distances making them
vulnerable. E.G. Elifasi Msomi in KZN in 1953.
63% of crime scenes had a sexual component, in terms of murder series,
29 of the 33 murder series (88%) included some sexual murders,
expressed by naked/raped victims.
 SA perspective on serial murder
In the study, all offenders were men. No solo female serial murders
have been identified in SA.
Prior to 1994, 50% of offenders who were arrested and convicted were
white. After 1994, white serial murder offenders dropped significantly.
 The SAPS response to serial murder
Due to the increase in serial murder cases coming to the attention of
the South African Police Service in the late 1980s to mid-1990s, they
realised that there was a need to create a capacity to deal with such
cases. Initially, Micki Pistorius, a psychologist in the SAPS, was called in
to assist due to research she had previously conducted into serial
murder during her academic studies.
A forensic or investigative
psychologist. First woman in
the profession, and first South
African profiler.
 The SAPS response to serial murder
The SAPS also made contact with retired FBI Profiler, Robert Ressler,
who came out the South Africa in 1994 to assist with the Moses Sithole
investigation.

Played a significant role in

psychological profiling.
inspired the series, mind
hunter on Netflix together
with John E. Douglas.
 The SAPS response to serial murder
As a formal structure in the SAPS, the Investigative Psychology Unit was
created as a unit in 1997 with a mandate to assist in the investigation of
psychologically motivated crimes and later expanded to a Section (a
larger organisational structure) in 2011.
In its early days, the Unit was staffed only by members with a psychology
background, after a few years a detective joined the Unit. Since then,
detectives have been a permanent part of the Unit.
In 2009 the Unit was relocated to the Forensic Services Division where it
remains until today. The placement of the IPS in the National Head
Office structure was advantageous in that it provided the Unit with the
authority to intervene anywhere in the country.
 Key reading

Labuschagne, G. (2001). An overview of serial murder and its

investigation in South Africa. In: Chan, H.C. & Adjorlolo, S. Eds.
Crime, mental health and the criminal justice system in South
Africa. A Psycho-Criminological Perspective. Switzerland:
Springer Nature Switzerland AG.