Resources

Liberty not the only loss - The Socio-Economic Impact of Remand Detention in the Western Cape
Author: Jean
Published: May 28, 2019

The evidence in this study suggests that the criminal procedural system metes out a disproportionate ‘punishment’ in the form of infringement of the socio-economic rights of the families of detainees, regardless of guilt or innocence.The study recommends a number of interventions to seek to ensure that remand detention is used only for short durations or when absolutely necessary, thereby minimising socio-economic harms.

Fact Sheet 17: The right of prisoners to vote in Africa
Author: Jean
Published: May 13, 2019

This fact-sheet provides a brief update on the right of prisoners to vote in Africa. It is evident that there have been substantive advances and breakthroughs in the promotion of this right in Africa, with prisoners in Ghana, Kenya, Nigeria and South Africa being able to vote.

Rights Behind Bars: A Study of Prison Conditions in Zimbabwe
Author: Jean
Published: May 09, 2019

The primary objectives of this study were to assess the compliance of selected prisons with international and domestic standards on conditions of detention; to consolidate the findings from the prison monitoring project conducted by the Zimbabwe Human Rights NGO Forum (the Forum) and its membership; to make recommendations for reforms and propose key priority areas. This was from 2018 was publicized in May 2019.

Fact Sheet 12: The independence and structure of the prosecuting authority
Author: Jean
Published: Feb 19, 2019

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.

Fact Sheet 14: Visible policing: Clarifying concepts and expectations
Author: Jean
Published: Feb 19, 2019

This fact sheet unpacks the idea of visible policing in South Africa. In so doing, it highlights that the concept should be engaged with critically. It suggests that the SAPS sector policing philosophy, which is problem-oriented and data-led, should be the focus of the Visible Policing programme.

Fact Sheet 9: Failing to discipline in SAPS
Author: Jean
Published: Feb 19, 2019

This fact sheet looks at accountability in SAPS by firstly outlining the accountability framework with reference to the Constitution. Quantitative data is presented on disciplinary code enforcement in SAPS and comparisons are drawn with the Department of Correctional Services (DCS). The relationship between the Independent Police Investigative Directorate (IPID) and the National Prosecuting Authority (NPA) as two important players in the accountability architecture is considered.

Discussion Document: NPA Accountability, trust and public interest
Author: Jean
Published: Feb 19, 2019

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.

Fact Sheet 7: The appointment and dismissal of the NDPP
Author: Jean
Published: Oct 24, 2018

The recent announcement by President Ramaphosa to call together a committee of experts to assist him to appoint a new National Director of Public Prosecutions (NDPP) is unprecedented, and an extremely important move in the right direction towards greater transparency and accountability at South Africa's National Prosecuting Authority. An earlier report by ACJR dealt in detail with the problems at the NPA and, amongst others, recommended that the appointment procedure of the NDPP be reformed. In this fact sheet the current procedure for the appointment and dismissal of the NDPP is set out and problems identified. This should inform debate and stimulate ideas on the reforms we would like to see.

Solitary Confinement - A review of the legal framework and practice in five African countries
Author: Jean
Published: Oct 23, 2018

This report investigates the legal frameworks of five African countries (Kenya Malawi, Mozambique, South Africa and Zambia) as they relate to the use of solitary confinement. The effect of long periods of solitary confinement have been shown to have severe impacts on a prisoner’s mental and physical well-being. The UN Human Rights Committee (UNHRC) has noted that the use of prolonged solitary confinement may amount to torture or to cruel, inhuman or degrading treatment or punishment, in breach of Article 7 of the International Covenant on Civil and Political Rights (ICCPR). In December 2015, the UN General Assembly adopted the revised United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules (‘2015 UNSMR’). The 2015 UNSMR addresses a key shortcoming in the protection and treatment of people in places of detention, as it, for the first time, sets down norms and limitations on the use of solitary confinement. The report concludes that there are major areas of non-compliance in each of the countries and this requires urgent attention.

© 2016 Dullah Omar Institute
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