Legal and ethical implications of electronic monitoring in the supervision of low-risk probationers

Insights from South African legal practitioners

Bibliographic Data

ID21497768
AuthorsNonhle Tracey Sibisi (0000-0002-8675-3390, University of Pretoria, corresponding author), Karen Booyens (0000-0002-6497-3835, University of Pretoria)
Year2026
Publication date2026-03-16
Open AccessYes
TypeARTICLE
VenueProbation Journal (JOURNAL)
Journal identifiersISSN: 0264-5505 • E-ISSN: 1741-3079
PublisherSAGE Publications (PUBLISHER • US)
DOI10.1177/02645505261428437
OpenAlexW7136491148
LanguageEN
References cited30

The study explored the perceptions of South African legal practitioners (i.e., magistrates and attorneys) on the legal and ethical implications regarding the use of electronic monitoring in the supervision of low-risk probationers. Drawing from telephonic interviews with the participants (n = 18), it was determined that they consider a sentence of probation with electronic monitoring as a less intrusive alternative to incarceration. Privacy and data protection were seen as less severe than the limitations imposed by imprisonment. Moreover, electronic monitoring was considered broadly consistent with Section 36 of the South African Constitution. However, the participants raised the potential stigmatising nature of electronic monitoring and the expansion of penal surveillance on those who would have otherwise completed their sentence and involvement in the criminal justice system without electronic monitoring. The implications of the study highlight the need for legislative reforms, including alignment with the Protection of Personal Information (POPI) Act 4 of 2013, to uphold the constitutional rights of offenders

Criminal justice · Economic Justice · Electronic records · Electronic surveillance · Legislature · Perception · Sentence · Criminal Justice and Corrections Analysis · Cybercrime and Law Enforcement Studies · Legal Issues in South Africa

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