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ACJR Publications

This section contains ACJR publications and those of CSPRI (Civil Society Prison Reform Initiative), its predecessor.
Research Reports
  • [Report] An assessment of the National Preventive Mechanism (NPM) in South Africa
    After signing the Optional Protocol to UNCAT (OPCAT) in 2006 and ratifying it in ... After signing the Optional Protocol to UNCAT (OPCAT) in 2006 and ratifying it in March 2019, South Africa designated a National Preventive Mechanism (NPM), with the SA Human Rights Commission (SAHRC) being the coordinating structure. Since ratification in March 2019, it appears that to date, the NPM has not been fully functional and institutional arrangements for visiting places of detention under the banner of the NPM remain unclear. There is also uncertainty as to how the constituent parts of the NPM will fulfil the responsibilities under OPCAT. In view of the above, the members of the Detention Justice Forum (DJF) agreed to assess the operational functionality of the NPM in the respective sectors of the DJF member organisations. This also provided an opportunity to identify issues for clarification on the NPM’s mandate and its relations with other components as well as government departments responsible for places where people are or may be deprived of their liberty. This report provides the findings of the assessment performed amongst members of the Detention Justice Forum (DJF) based off a questionnaire that was developed. This report was prepared by K Petersen & J Mangwanda, December 2022
    Apr 11, 2023
  • Magistrates’ Perceptions of Prosecutors | Survey Analysis
    This report provides an analysis of a survey of Magistrates' perceptions of pros ... This report provides an analysis of a survey of Magistrates' perceptions of prosecutors conducted in 2022. Prepared by Michael O’Donovan with Jean Redpath
    Feb 22, 2023
  • Summary report on consultations with civil society stakeholders: “The NPA that we want”
    Much of the media attention given to the National Prosecuting Authority (NPA) is ... Much of the media attention given to the National Prosecuting Authority (NPA) is centered on high-level corruption investigations, especially linked to the Zondo Commission’s findings and recommendations. While this is important, it should also be asked what happens at ground-level in our courts where ordinary cases are heard on a daily basis. The question can indeed be asked: What are our expectations of the NPA when having to engage with the criminal justice system as a victim, witness or even an accused? Do we know what we want from the NPA in real and practical terms? In June and July 2022 ACJR commissioned a series of consultation workshops with stakeholders to discuss these questions and develop descriptions of “the NPA that we want”. The consultations yielded valuable observations and insights, demonstrating on the one hand that people generally have a deep understanding of the challenges facing the NPA and, on the other hand, clear understandings of what they expect of the NPA, especially as these relate to the four core values of professionalism, independence, accountability, and credibility.
    Oct 17, 2022
Peer-reviewed Publications
  • Journal Article: Prison protests in South Africa: A conceptual exploration
    This article explores the nature and causes of prisoner protests, looking at it ... This article explores the nature and causes of prisoner protests, looking at it first from a sociological perspective and second, a rights perspective. The fact that people end up in prison following due process does not mean that their imprisonment is not a contested arena in the sense that prisoners are generally aware of their rights, even when curtailed. Importantly, this curtailment has boundaries - prisoners do not lose all their rights and it seems that this particular issue is frequently the locus of tension, and sometimes conflict, between prisoners and prison administration. There is nothing in South African law prohibiting prisoners from protesting as recognised by s 17 of the Bill of Rights. However, prisoners, with reference to the right to free speech and the right to peaceful demonstration, find themselves in a situation where they can claim these rights, but the enabling legislation is not only lacking, but there are strong indications that the operational procedures prevent them from exercising these rights. Muntingh, L (2022) Prison protests in South Africa: A conceptual exploration, SA Crime Quarterly, No. 71 (2022)
    Oct 03, 2022
  • Book chapter: The Impact of Covid-19 on Prison Conditions and Penal Policy
    The Impact of COVID-19 on Prison Conditions and Penal Policy presents the result ... The Impact of COVID-19 on Prison Conditions and Penal Policy presents the results of a worldwide exchange of information on the impact of COVID-19 in prisons. It also focuses on the human rights questions that have been raised during the pandemic, relating to the treatment of prisoners in institutions for both juveniles and adults worldwide. Muntingh, L (2022) ‘South Africa’ IN Dünkel, F., Harrendorf, S. and Van Zyl Smit, D. (eds) The Impact of Covid-19 on Prison Conditions and Penal Policy, Routledge.
    Aug 29, 2022
  • Journal Article: Africa, Prisons and COVID-19 Journal for Human Rights Practice; Volume 12, No 2
    Africa’s prisons are a long-standing concern for rights defenders given the pr ... Africa’s prisons are a long-standing concern for rights defenders given the prevalence of rights abuses, overcrowding, poor conditions of detention and the extent to which the criminal justice system is used to target the poor. The paper surveys 24 southern and east African countries within the context of COVID-19. Between 5 March and 15 April 2020 COVID-19 had spread to 23 southern and east African countries, except Lesotho. The overwhelming majority of these countries imposed general restrictions on their populations from March 2020 and nearly all restricted visits to prisons to prevent the spread of the coronavirus. The pandemic and government responses demonstrated the importance of reliable and up to date data on the prison population, and any confined population, as it became evident that such information is sorely lacking. The World Health Organization recommended the release of prisoners to ease congestion, a step supported by the UN Subcommittee on Prevention of Torture. However, the lack of data and the particular African context pose some questions about the desirability of such a move. The curtailment of prison visits by external persons also did away with independent oversight even in states parties to the Optional Protocol to the Convention against Torture (OPCAT). In the case of South Africa, prison monitors were not listed in the ensuing legislation as part of essential services and thus were excluded from access to prisons. In the case of Mozambique, it was funding being placed on hold by the donor community that prevented the Human Rights Commission from visiting prisons. The COVID-19 pandemic has highlighted long-standing systemic problems in Africa’s prisons. Yet African states have remained remarkably reluctant to engage in prison reform, despite the fact that poorly managed prisons pose a significant threat to general public health care.
    Jul 06, 2021
Opinion-editorials
Submissions
  • Submission by Africa Criminal Justice Reform (ACJR) to the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
    ACJR’s submission is in response to the call from the UN Special Rapporteur on ... ACJR’s submission is in response to the call from the UN Special Rapporteur on extrajudicial, summary, or arbitrary executions (UNSR) to collect information on practices for the investigation, documentation, and prevention of deaths in custody in the criminal justice context. The UNSR’s report aims to raise awareness about deaths in custody globally and to contribute to the protection of the right to life of those deprived of liberty, including practical recommendations and best practices on the effective investigation, documentation, and prevention of custodial deaths. This submission focuses on South Africa and pays particular attention to custody situations under the control of the police and the Department of Correctional Services (DCS). The submission would inform the UNSR report to be presented to the Human Rights Council in June 2023.
    Apr 11, 2023
  • Submission to the Subcommitee for the Prevention of Torture and Other and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT)
    This submission was made to the Subcommitee for the Prevention of Torture and Ot ... This submission was made to the Subcommitee for the Prevention of Torture and Other and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) on 13 February 2023
    Apr 05, 2023
  • STATEMENT ON LAW /POLICY CHANGES TO CHILD MENDICITY (BEGGING) IN GUINEA-BISSAU
    It was reported from Guinea Bissau on 20 March 2023 that a new law will prohibit ... It was reported from Guinea Bissau on 20 March 2023 that a new law will prohibit Islamic leaders using children for begging. The President of Guinea-Bissau, Umaro Sissoco Embaló ordered that from Monday, 27 March 2023, child mendicity will be prohibited and that fathers or Koranic teachers of any child caught begging in the streets of the country would be arrested. The President considers shameful to send children in the streets of Bissau and neighbouring countries to raise support for their Koranic teachers. The regular practice perpetrated by some Islamic leaders have created an alarming phenomenon nationally and in the region. As members of the global Campaign to Decriminalise Poverty and Status advocating for the repeal of laws that target people based on poverty, status or for their activism, we are, however, concerned for those children who beg on the streets not sent by their religious teachers, but forced by their economic and social situation. For those children, mendicity may be the only means of subsistence because the state may not have adequate social, economic and other relief measures in place to combat their poverty. The full joint statement can be found here.
    Mar 27, 2023
Fact and information sheets
  • Fact Sheet 9: Failing to discipline in SAPS
    Recent media reports showed again how police officials grossly misused their pow ... Recent media reports showed again how police officials grossly misused their power and, against departmental prescripts, used a 'sjambok' to assault a man for apparently not wearing a mask. Such reports are not isolated and have a very direct impact on trust in the police and thus the legitimacy of the police. The core of the problem seems to be twofold (1) that SAPS managers are not enforcing the internal disciplinary code, and (2) the National Prosecuting Authority (NPA) very rarely prosecutes police officials, especially for human rights violations. We have updated ACJR Fact sheet 9 (originally published in February 2019) with statistics for the past two financial years and it appears that the situation has worsened. This does not bode well for general trust in the state and specifically in the police. There is little sense in tough talk about law enforcement when the police themselves are not being held accountable and increasingly regarded as hostile to the general public.
    Jan 28, 2021
  • Folha Informativa 15 (Port.): Policiamento Democrático: Um Quadro Conceptual
    Esta folha informativa discute o policiamento democrático como significando: (1 ... Esta folha informativa discute o policiamento democrático como significando: (1) a obediência da Polícia ao Estado de Direito, (2) a responsabilização da Polícia, e (3) a justiça processual por parte da Polícia ao serviço do público. Nove dimensões necessárias ao policiamento democrático são identificadas, sendo que o resultado final pretendido é a confiança pública na Polícia, algo que resulta da sua legitimidade. O quadro conceptual apresentado não se destina apenas a descrever o policiamento democrático, mas também a orientar o planeamento estratégico nas organizações policiais, incluindo a Polícia da República de Moçambique (PRM).
    Jan 24, 2021
  • Fact Sheet 17: The right of prisoners to vote in Africa (Updated)
    This fact-sheet provides a brief update on the right of prisoners to vote in Afr ... This fact-sheet provides a brief update on the right of prisoners to vote in Africa. There have been substantive advances and breakthroughs in the promotion of this right as courts in Ghana, Kenya, Nigeria, South Africa, Zambia and most recently in Uganda have granted prisoners the right to vote. In Mozambique, the Ombudsman has made a recommendation that measures be put in place to allow prisoners to vote in future elections. The enfranchisement of prisoners is a positive step in the promotion of their basic human rights, it is therefore important that countries on the continent that are still lagging behind consider the above examples and follow suit.
    Jul 13, 2020
Presentations
Multimedia
  • [Infographic] South Africa's prosecuting authority: How does Accountability work in the NPA?
    Accountability means “being responsible for your decisions or actions, and exp ... Accountability means “being responsible for your decisions or actions, and explaining them when you are asked”. The NPA is the only entity in South Africa with the power to institute criminal prosecutions – in other words, to hold people and companies criminally accountable. The Constitution also requires the NPA itself to be accountable. Prosecutors have wide discretionary powers, but this does not mean they can do as they please. They must account for how they meet their responsibilities and for corrective actions taken, where appropriate. This infographic looks at key concepts around accountability and unpacks the accountability relationships of the NPA.
    Mar 17, 2023
  • [Infographic] South Africa's prosecuting authority: How do Investigating Directorates work?
    Legislation empowers the President to establish Investigating Directorates withi ... Legislation empowers the President to establish Investigating Directorates within the National Prosecuting Authority (NPA). The offences it may investigate must be submitted to Parliament and published in the Government Gazette. During the Mandela Presidency there were two Investigating Directorates. These Directorates later became the DSO or Scorpions. When Zuma became president, the DSO was replaced with the Hawks in the police. In 2019, President Ramaphosa established a new Investigating Directorate within the NPA. This infographic provides an overview of the mandate, powers and future of Investigating Directorates.
    Mar 17, 2023
  • [Infográfico] Policiamento democrático: Um quadro conceptual para que se torne realidade (Portuguese)
    O que é o policiamento democrático? É o mesmo que policiamento numa democraci ... O que é o policiamento democrático? É o mesmo que policiamento numa democracia? Será que sabemos o que podemos esperar da polícia? O que gera confiança na polícia, e o que a corrói? Para investigar estas e outras questões relacionadas, a Africa Criminal Justice Reform (ACJR) fez uma extensa pesquisa sobre o policiamento democrático e desenvolveu um quadro conceptual que define quais são as variáveis de entrada, de saída e o produto para alcançar o resultado final, nomeadamente um serviço policial que goza de legitimidade. Nove variáveis inter-relacionadas e que se reforçam mutuamente distinguem-se para produzir o resultado do policiamento democrático, o que é pelo menos três coisas: a polícia defende e protege o estado de direito; a polícia é responsável, e a polícia trabalha ao serviço do público de uma forma processualmente justa.
    Jun 01, 2022
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