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.
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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.
Proper file and data management is among the calls made to states in this resolution. Proper data collection is a key ACJR interest.
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.
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.
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.
Lukas Muntingh and Jean Redpath shared experiences of measuring performance and proposal writing with a range of Mozambican NGO's.
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.
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.
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.
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.
Lieutenant-General Khombinkosi Jula, the Western Cape Commissioner of Police, has announced that an additional 1140 police officials will be deployed in the Western Cape, with 790 being deployed in seven priority areas, including Khayelitsha, Bishop Lavis, Delft, Harare, Manenberg, Nyanga and Mfuleni. The relatively low allocation of resources to these and other township areas is the subject of a case currently before the Equality Court, for which CSPRI researcher Jean Redpath is an expert witness.
A comprehensive audit of the criminal justice system in Kenya points toward avenues for reform.
Figuring out where reforms should be targeted requires a thorough understanding of human rights and how those are reflected in national constitutions. Measuring the progress of reform efforts requires an understanding of indicators and measurement. A CSRPI-PPJA workshop held in June 2016 aimed to raise the bar on both.
At a seminar held in Nairobi, representatives from the National Council heard the findings, provided input and validated the finalisation of a comprehensive audit of the criminal justice system in Kenya. The report was prepared by Legal Resources Foundation Kenya, Resources Oriented Development Initiative Kenya, and CSPRI.
The UN Human Rights Committee published its concluding observations following South Africa's review in March 2016. Key points raised in the Alternate Report coordinated by CSPRI were among the concluding observations.
National Prosecuting Authority says there are more resolutions via the alternative dispute resolution mechanism
The UN Human Rights Committee is the body mandated to oversee the implementation of the International Covenant on Civil and Political Rights in states party to the Covenant.
Around 1000 prisoners were pardoned by the President during his State of the Nation address in December 2015. While these pardons offer temporary relief for the overburdened penitentiary system, implementation of more comprehensive measures, which form part of ongoing legal reform, will be necessary to effect real change.
PPJA has released a paper exploring the issues around arrest in Africa. The paper considers the historical roots of policing in Africa and how these have been translated in the post-colonial context. The paper suggests not all people are at an equal risk of arrest, but rather that it is the poor, powerless and out-groups that are at a higher risk of arrest. The report concludes with a number of recommendations, calling for further research, decriminalisation of certain offences, and restructuring of the police in African countries.
The CSPRI presentation "Toward the rational allocation of policing resources" builds on work done for the Khayelitsha Commission and presents new data analysing the situation in KwaZulu-Natal.
CSPRI researcher Gwénaëlle Dereymaeker presented CSPRI's research findings on South Africa's anti-torture legislative framework at the Pan-African seminar hosted by REDRESS in Nairobi, Kenya, on 28-29 September.
CSPRI researcher Jean Redpath provided insights around the problem of pre-trial detention in the African context, with particular emphasis on problems in measuring the impact of interventions and of policy change.
A delegation from CSPRI contributed to the Committee's strategic planning session held on 15 September 2015.
Heads of state and government will gather at the United Nations in New York from 25-27 September 2015 for a three-day summit to endorse the 2030 Agenda for Sustainable Development - the Sustainable Development Goals (SDGs)