South Africa has specific sentencing provisions which read together the Correctional Services Act, determine how soon someone may be released on correctional supervision.
News
This submission deals with South Africa’s performance in relation to, and compliance with, international standards with reference to offender management, offender rehabilitation and independent monitoring. The submission was requested by the Portfolio Committee on Justice and Correctional Services (the Portfolio Committee).
At a seminar held in Cape Town in May 2015, participants from PPJA partner organisations discussed indicators for measuring pre-trial justice in Africa. A "long-list" of draft proposed indicators was agreed upon by the end of the seminar. Further consultations are planned to expand the extent of consultation and to refine the proposed indicators.
Mobile training unit members were trained in the last week of July 2015 on the new registers, case folders and court diary, designed to ensure pre-trial detainees do not get "lost" and that time limits in the criminal justice system are met.
On 27-30 July 2015 CSPRI assisted in the training of a mobile training unit which is to roll out new case folders, registers and court diaries across Malawi.
On 27-30 July 2015 CSPRI assisted in the training of a mobile training unit which is to roll out new case folders, registers and court diaries across Malawi.
This fact sheet was prompted by media reports in July 2015 of prisoners being held in effective solitary confinement at Kgosi Mampuru II Correctional Centre in Pretoria, South Africa, in an unlit underground cell.
The Khayelitsha Commission of Inquiry recommended that the South African Police Service (SAPS) review the allocation of police resources across South Africa, after finding that the comparative allocation to Khayelitsha compared to other policing areas was irrational and unjust. To date neither the relevant Minister nor the SAPS has responded to the Commission Report.
The Khayelitsha Commission of Inquiry recommended that the South African Police Service (SAPS) review the allocation of police resources across South Africa, after finding that the comparative allocation to Khayelitsha compared to other policing areas was irrational and unjust. To date neither the relevant Minister nor the SAPS has responded to the Commission Report.
A groundbreaking report providing an in-depth understanding of the challenges faced by people with psychosocial or intellectual disabilities in Zambia's criminal justice system was published on 15 July 2015.
In June and July 2015 CSPRI worked with the Legal Resources Foundation (LRF) - Kenya, and Resource Oriented Development Initiative (RODI) toward commencing their work for Kenya's National Council on the Administration of Justice.
At the 56th ACHPR Ordinary Session, which was held in Banjul, The Gambia, from 21 April to 7 May 2015, the ACHPR Committee for the Prevention of Torture in Africa (CPTA) decided that its first General Comment on Article 5 and the prevention and prohibition of torture would examine the right to redress for victims of torture and other ill-treatment.
Mozambique's new Penal Code came into effect today 29 June 2015, despite wide expectation that government would delay implementation of the law
No Sábado dia 20 de Junho, os Serviços de Investigação Criminal (SIC) e a Polícia Nacional prenderam e encarceraram treze jovens activistas políticos e defensores de direitos humanos, numa residência onde discutiam questões políticas relacionadas com o estado da democracia em Angola. Depois de serem presos cada um deles foi levado para a sua residência algemados e a polícia fez buscas e confiscou equipamento informático e documentos, nomeadamente; computadores, máquinas fotográficas, agendas pessoais, revistas, documentos vários e cartões de recarga telefónica que encontraram. Muitos destes equipamentos e documentos são pertença de membros da família. A operação policial aconteceu sem qualquer “mandado de prisão ou de busca” e muitas vezes a polícia armada usou violência para entrar nas residências.
On 10 and 11 June 2015 CSPRI trained students and staff at the Universidade Edouardo Mondlane (UEM) in Maputo.
On 10 and 11 June 2015 CSPRI trained students and staff at the Universidade Edouardo Mondlane (UEM) in Maputo.
Described by experts as progressive, the ACJ Act covers the criminal process from arrest through bail, trial, conviction and sentencing, costs, compensation, damages and restitution as well as appeals.
On 20-22 May 2015 CSPRI hosted a workshop with partners from across Africa to discuss indicators for pre-trial justice in Africa.
On 18 and 19 May 2015, CSPRI hosted a seminar in Cape Town with experts in constitutional law and criminal procedure law from Burundi, Côte d’Ivoire, Kenya, Mozambique and Zambia.
For most development issues, indicators are adopted both to measure progress and to galvanise action. For example, the eight Millennium Development Goals (MDGs) – which ranged from halving extreme poverty rates to providing universal primary education by the target date of 2015 – formed a blueprint which was agreed to by all the world’s countries and all the world’s leading development institutions, and succeeded in galvanising unprecedented efforts toward meeting the needs of the world’s poorest.
The Government of South Africa is hosting the fourth expert group meeting for the revision of these rules from 2-5 March 2015. Lukas Muntingh of CSPRI is attending as an independent observer.
Lukas Muntingh has testified on the position of St. Alban's prison within the South African Department of Correctional Services in the civil lawsuit brought by 231 inmates from St Albans prison, which resumed in the Port Elizabeth High Court on 2 February 2015.
Constitutional amendments of 1990 and 2004 meant that the Criminal Code of 1886 no longer was in line with the political, social, cultural and economic reality of Mozambique. This revision of the of Criminal Code is intended to ensure the enjoyment of rights and freedoms of citizens.
Lukas Muntingh's discussion of South Africa's failures in the in the internation human rights system was published on Thought Leader, a leading online opinion forum, in October 2014.
Results of an audit of pre-trial detention in Mozambique, carried out by Liga Moçambicana dos Direitos Humanos (the Mozambique Human Rights League) and CSPRI at the Community Law Centre of the University of the Western Cape, were presented at a seminar on 11 and 12 September 2014 in Maputo.
Results of an audit of pre-trial detention in Mozambique, carried out by Liga Moçambicana dos Direitos Humanos (the Mozambique Human Rights League) and CSPRI at the Community Law Centre of the University of the Western Cape, were presented at a seminar on 11 and 12 September 2014 in Maputo.
The aim of the fourth workshop in South Africa was to consult on the draft Plan of Action developed during the third consultations, and obtain buy-in from key represented stakeholders, while in Burundi the fourth workshop was focussed on preparing for reporting in the upcoming review of Burundi by the UN Committee against Torture. The seminars took place 8-9 on July 2014 in Cape Town, South Africa and 18-20 August 2014 in Bujumbura, Burundi.
Gwenaelle Dereymaeker presented a paper entitled "When civil damages replace prosecutions for violence committed by law enforcement officials: effective accountability or de facto impunity?" at the Fifth International Conference: National and International Perspectives on Crime Reduction and Criminal Justice, held in Sandton, Johannesburg, on 14 and 15 August 2014.
Jean Redpath presented a paper on remand detention trends in South Africa at the Fifth International Conference: National and International Perspectives on Crime Reduction and Criminal Justice, held in Sandton, Johannesburg, on 14 and 15 August 2014.
This took place at the office of the Human Rights League, on 1 August 2014, at the the Hotel Afrin on 6 and 7 August 2014.