On 4 December 2020, the African Court on Human and Peoples’ Rights unanimously held that vagrancy laws and related by-laws are incompatible with the African Charter on Human and Peoples’ Rights, the African Charter on the Rights and Welfare of the Child and the Maputo Protocol on the Rights of Women.
On 10 April 2020, Mr Collins Khosa was brutalised, tortured and murdered in his own home by security forces deployed to enforce South Africa's Disaster Management Act ("lockdown") regulations. The family of Mr Khosa brought an application to court to attempt to ensure such brutality does not happen again. The court ordered the Minister and various agencies of state to take a range of preventative measures. The state was ordered to pay costs.
Over 163,000 people are in correctional facilities in South Africa. Outbreaks of Covid-19 in these prisons can have catastrophic consequences for both prisoners and the public healthcare system.
PRESS RELEASE: Launch of the Decriminalisation of Petty By-Laws Campaign in South Africa
Today, World Homeless Day, marks the official launch of a civil society campaign to decriminalise poverty-related by-laws in South Africa. We reject the effective criminalisation of poverty through municipal by-laws currently targeting the poor and the most marginalised in South Africa.
Today, World Homeless Day, marks the official launch of a civil society campaign to decriminalise poverty-related by-laws in South Africa.
The New Times reports that The Minister of Justice, Johnston Busingye, told the newspaper in a telephone interview that this step finally means that Rwandans can now be fully governed by the laws that they have made themselves. The said laws were enacted between 1885 and 1962, when Rwanda obtained independence from Belgium.
The New Times reports that The Minister of Justice, Johnston Busingye, told the newspaper in a telephone interview that this step finally means that Rwandans can now be fully governed by the laws that they have made themselves. The said laws were enacted between 1885 and 1962, when Rwanda obtained independence from Belgium.
The Director of Public Prosecutions(DPP) in Kenya on 12 March 2019 issued practice directions on how to handle the offence of touting. This offence was among the many offences identified as petty and was the subject of extensive stakeholder engagement to have it decriminalised. The Office of the DPP conducted a further research ,and paid visits to select remand facilities in Kenya in partnership with ICJ Kenya and other stakeholders. The findings of the research informed the decision by the DPP to issue practice directions on how to deal with the offence of touting.
On 20 February 2019 a group of non-governmental organisations submitted a request to the National Human Rights Commission (NHRC) and to the Ombudsman to take a position on the right of prisoners to vote.
The Equality Court sitting in Cape Town has made a declaration of unfair discrimination, in the allocation of police resources in the Western Cape. The evidence of ACJR researcher Jean Redpath assisted the court in reaching this conclusion.
Across Africa, many people, especially the poor and other disadvantaged groups, are arrested and even detained for the transgression of minor offences, such as loitering, being a ‘rogue and vagabond’, use of abusive language, disorderly behaviour, begging, public insult and being idle. Many of these offences date back to the colonial-era. The Campaign on the Decriminalisation and Declassification of Petty Offences in Africa has as its aim reform in law, policy and practice that would address the arbitrary and discriminatory nature of these laws and by-laws and their enforcement.
It remains the case that too many people, especially the poor and other disadvantaged groups, are arrested and even detained for the transgression of minor offences, such as loitering, being a ‘rogue and vagabond’, use of abusive language, disorderly behaviour, public insult and being idle. Many of these offences date back to the colonial-era. The 12 partner organisations of the campaign on the Decriminalisation and Declassification of Petty Offences in Africa have as their collective aim reform in law, policy and practice that would address the arbitrary and discriminatory nature of these laws and by-laws and their enforcement.
In Mozambique the courts close for 60 days from December until February for the ‘judicial vacation’ (férias judiciais). For emergency matters, shifts are arranged by the Supreme Court only at the court of first instance as regulated by articles 27 and 28 of Law 24/2007. At the moment there is a proposal before the First Commission of Parliament to revise this system and reduce the duration of the holidays to 30 days.
Em Moçambique, os tribunais fecham por 60 dias, entre Dezembro e Fevereiro para as férias judiciais. Por casos de emergência, turnos são organizados pelo Tribunal Supremo apenas nos tribunais de primeira instância, como regulados pelos Artigos 27 e 28 da Lei n. 24/2007. Actualmente uma proposta está na I Comissão da Assembleia da República para reduzir a duração das férias judiciais para 30 dias.
The Malawi High Court ruled that the arrest of 24 people, primarily women, during a police sweeping exercise, was unlawful. The applicants challenged their arrest and conviction for being idle and disorderly persons.
The Malawi High Court has quashed the convictions of 24 people, primarily women, for the vagrancy offence of ‘being idle and disorderly persons.’
A regional conference held in Malawi, the birthplace of paralegalism, called upon states to recognise and support the key role played by paralegals in the criminal justice system. The conference proceedings were facilitated by ACJR researcher Jean Redpath.
Zambia's average prison population was 21,000 against a holding capacity of only 8,500 in 2016. A symposium in which ACJR participated resulted in the establishment of technical working groups to address key aspects of the problem.
UN Human Rights Council adopts resolution
Proper file and data management is among the calls made to states in this resolution. Proper data collection is a key ACJR interest.
‘Human Rights in the administration of justice, including juvenile justice’ Resolution
ACJR's Gwen Dereymaeker presentation made at the seminar organised by the South African Judicial Inspectorate for Correctional Services on super-maximum prisons on 7 September 2017 at the Durban Correctional Centre.
Conference addresses Discriminatory Petty Offences in Africa
ACJR participated in the 8th Annual Conference of the Pan African Lawyers Union Seminar focusing on Initiatives for the Decriminalisation and Declassification of Petty Offences in Africa held in Durban, South Africa from 5 – 8 July 2017.
Lusaka launch of socio-economic impact study attended by Deputy Commissioner of Correctional Services
The Deputy Commissioner gave the keynote address on behalf of the Commissioner, Mr Percy Chato. Mr Godfrek Malembeka welcomed the attendees on behalf of the Board of the Legal Resources Foundation.
ACJR collaborates with Mozambican NGOs
Lukas Muntingh and Jean Redpath shared experiences of measuring performance and proposal writing with a range of Mozambican NGO's.
Mozambique's Judicial Training Institute hears perspectives on constitutionality and bail
ACJR researchers Gwen Dereymaeker and Kristen Petersen shared the results of their comparative investigations into the constitutionality of criminal procedures, and bail regimes, in selected African countries, to judges at the Centro de Formação Jurídica e Judiciaria (Judicial Training Institute) of Mozambique. ACJR associate Tina Lorizzo, of REFORMAR, presented the results relevant to Mozambique in particular.
Maputo launch of socio-economic impact study attended by Minister of Justice
The Minister of Justice and Constitutional and Religious Affairs, Isaque Chande, as well as the Vice President of the Supreme Court, Dr. João Beirão, attended the Maputo launch of the report on 6 June 2017.
ACJR takes JICS delegation on an oversight study tour to London, UK
From 8 to 12 May 2017, ACJR staff Lukas Muntingh and Gwen Dereymaeker took a delegation of the South African Judicial Inspectorate for Correctional Services (JICS) to London, United Kingdom, on a study tour. The objective of the study tour was to engage with UK oversoght institutions to identify successes and challenges in the South African prison oversight structure.
Gwen Dereymaeker presents paper the 6th YCC Annual Conference at Koç University (Turkey)
ACJR researcher Gwen Dereymaeker presented a paper on the constitutional compliance with international human rights law and the criminal justice process at the 6th Annual Conference of the Younger Comparativists Committee of the American Society for Comparative Law, which took place at Koç University in Istanbul, Turkey.
The Civil Society Prison Reform Initiative (CSPRI) was established in 2003 to address the research and advocacy gaps around imprisonment and human rights in South Africa. Since the late 2000s the project expanded its scope geographically as well as thematically. ‘Civil Society Prison Reform Initiative’ no longer reflects its work and the name is to be changed to ‘Africa Criminal Justice Reform’ and will be referred to as Organisation pour la Réforme de la Justice Pénale en Afrique (in French) and Organização para a Reforma da Justiça Criminal em África (in Portuguese).
To what extent do countries make constitutional rights real in law? CSPRI has published reports on 5 African countries as well as a comparative report on the question of the extent to which countries ensure their laws are in accordance with their recently adopted constitutions.
