Africa Criminal Justice Reform (ACJR) has produced research on the South African criminal justice system relating to the National Prosecuting Authority (NPA). This resource list contains summaries and links of work that we have produced in recent years on the topic of the NPA.
Africa Criminal Justice Reform (ACJR) has produced research on the South African criminal justice system relating to the police. This resource list contains summaries and links of work that we have produced in recent years on the topic of police.
This fact sheet deals with the process of arrest without a warrant and aims to provide guidance on how police officers should test and use their discretion when contemplating an arrest without a warrant. The fact sheet is not country specific and describes the overall and generally accepted requirements for arrest without a warrant.
This fact sheet discusses democratic policing as meaning (1) the police’s abidance to the rule of law, (2) accountability of the police, and (3) procedural fairness by the police in service of the public. Nine dimensions required for democratic policing are identified with the intended final outcome being public trust in the police which results in the police having legitimacy. The conceptual framework presented is not merely meant to describe democratic policing but rather to guide strategic planning in police organizations including the South African Police Service (SAPS). This relates in particular to the strategic objectives formulated in Medium Term Strategic Framework and annual performance plans with particular reference to the input variables and the outputs they need to deliver.
This fact sheet deals with arrest without a warrant in Zambia. It highlights the legal framework governing arrest without a warrant, the shortcomings in the legislation as well as some challenges with implementation as is evident from case law. The fact sheet recommends that the Zambian Criminal Procedure Code Act and the Police Act are reviewed and that the provisions on arrest without a warrant are amended to comply with international best practice on arrest in accordance to the obligations of the African Charter which seek to protect the right of life, dignity, equality and security of all people.
This factsheet deals with the power to arrest without a warrant in Mozambique. A 2013-decision by the Constitutional Council of Mozambique resulted in significant changes in law on who can arrest without a warrant, thus reducing the risk of arbitrary arrest. These changes and other developments bode well for reform in the criminal justice system. However, resource constraints place a substantive limitation on the Mozambican criminal justice system in general and specifically on complying with the 2013-decision of the Constitutional Council.
This fact sheet addresses alternative ways in which offenders of minor crimes can be dealt with at a court level using a more restorative justice approach. It proposes various forms of non-custodial sanctions that the court can impose; for example, community service, good behaviour orders as well as the completion of life skills programs.
This fact sheet addresses the role that prosecutors can play in dealing with offenders of minor crimes. It emphasizes the use of restorative justice approaches such as mediation, life skills programs and community service as a more appropriate way of dealing with minor offending rather than resorting to a criminal justice response.
This fact sheet addresses the role that law enforcement officials can play in dealing with offenders of minor crimes. It emphasizes the use of restorative justice approaches such as warnings and fines in combination with other programs as a more appropriate way of dealing with minor offending rather than resorting to a criminal justice response.
Government departments use annual reports to report on their performance against set objectives stated in their Annual Performance Plans (APP) and the Medium-Term Expenditure Frameworks (MTEF). Annual reports also serve the function of promoting accountability and transparency which should improve trust and confidence in government’s ability to deliver on services. It is especially for civil society organisations that annual reports can be invaluable when holding government accountable. There are, however, certain challenges that readers of annual reports encounter, most notably the fact that annual reports are generally long and complex. Furthermore, the issue of erroneous and intermittent reporting is cause of concern when it comes to analysing an annual report. This fact sheet serves as a guide on how to read government department annual reports and highlights key issues to consider.
This factsheet maps the history and structure of the prosecution authority before and after 1994 showing that the independence of the prosecution authority oscillated between extreme points with reference to the relationship with the executive. The historical developments of the prosecution authority must be seen against the devolution and centralisation of prosecutorial power and its independence, or not, from political control and interference.
This discussion document deals with three key concepts associated with the National Prosecuting Authority (NPA) and its relation to the public, namely accountability, public interest and trust. It is suggested that for the NPA to be regarded as a legitimate institution it needs to enjoy trust and in order to enjoy such trust, it needs to be seen and perceived to act in the public interest in an accountable manner.
