Globally a criminal record check is the most common pre-employment check on job candidates. Ban the Box is an American campaign by advocates for previous criminal offenders aimed at removing the check box that asks if applicants have a criminal record when applying for a job. Its purpose is to enable former offenders to display their qualifications in the hiring process before being asked about their criminal records. The premise of the campaign is that anything that makes it harder for former offenders to find a job increases the likelihood that they will reoffend. This campaign aims to better society and decrease the number of criminal offenders who reoffend.
Recently Gayton McKenzie who has had a criminal record in the past was appointed as the Sports and Arts Minister and he has openly discussed his criminal past and the challenges he faced as a reformed offender.
McKenzie has spoken out about the impact of having a criminal record on individuals trying to reintegrate into society. He has highlighted the barriers that offenders face, such as difficulty finding employment, stigma and discrimination, and challenges in rebuilding their lives.
McKenzie has advocated for greater support and opportunities for former offenders to successfully reintegrate into society and contribute positively to their communities. He has emphasised the importance of second chances and the need to address the root causes of crime to prevent recidivism.
Overall, Gayton McKenzie’s perspective on criminal records aligns with the broader conversation about the challenges faced by individuals with criminal histories and the importance of rehabilitation, support, and opportunities for reformed offenders.
Despite this, recidivism in South Africa is a significant issue.
Recidivism refers to the tendency of a convicted criminal to reoffend, particularly after serving a sentence or undergoing rehabilitation. High recidivism rates can strain the criminal justice system, perpetuate cycles of crime, and hinder efforts to rehabilitate offenders and reintegrate them into society. Recidivism also contributes to the reaffirming of the stigma surrounding hiring offenders.
There are several factors that contribute to recidivism in South Africa, including:
1. Socioeconomic factors:
Poverty, unemployment, lack of education, and inequality can all contribute to individuals turning to crime as a means of survival or due to limited opportunities.
2. Overcrowded prisons:
South African prisons often face issues related to overcrowding, inadequate resources, and poor conditions, which can impact the effectiveness of rehabilitation programs and increase the likelihood of reoffending.
Recently one of the largest prisons in South Africa was raided and many offenders were found with contraband and according to Correctional Services Department National Commissioner, Makgothi Thobakgale this will compromise their chances of being eligible for parole
3. Lack of rehabilitation and support services:
Access to quality rehabilitation programs, mental health services, substance abuse treatment, and reintegration support is essential for individuals to successfully reintegrate into society and reduce the risk of recidivism.
4. Social stigmas and barriers:
Individuals with criminal records may face discrimination, limited job opportunities, and challenges in rebuilding their lives, which can increase the likelihood of returning to criminal activities.
These factors increase the likelihood of reoffence, and it becomes difficult to truly judge a person when you consider these factors.
However, the question of hiring someone with a criminal record should be considered with a case-by-case basis.
From the perspective of the law, the labour law must be adhered to and if the job applicant applies for a position where the criminal record is not relevant, the person cannot be excluded for consideration for the position merely because of their criminal record.
There is also the nature of the conviction in question. Violent crimes are understandably more challenging to get past, but in some cases the reasons for the crimes committed may be justified. Like in the case of Ellen Pakkies, who is technically a convicted murderer, but the specifics of the case make it so any employer would be foolish to reject an application from her on the basis of her criminal record alone.
iFacts, is an employee screening company who can help with criminal record screening and assist in guiding employers to make difficult decisions like whether to hire someone with a criminal record.
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