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ACJR Publications

ACJR Publications This section contains ACJR publications and those of CSPRI (Civil Society Prison Reform Initiative), its predecessor. https://admin.acjr.org.za/acjr-publications/pub-home https://admin.acjr.org.za/logo.png

ACJR Publications

This section contains ACJR publications and those of CSPRI (Civil Society Prison Reform Initiative), its predecessor.

Research Reports

Powers of arrest curtailed by Constitutional Council of Mozambique – the impact of the 2013 decision
This report assesses the consequences of the 2013-decision of the Constitutional ... This report assesses the consequences of the 2013-decision of the Constitutional Council of Mozambique, which limits to judges the authority to order pre-trial detention for cases falling outside of flagrante delito (where the accused is caught in the act of committing the offence). Although the decision represents a progressive change in the jurisprudence of Mozambique’s highest court, judges, prosecutors and police encounter operational challenges in implementing the decision, in a country with a population of more than 28 million people. In 2017, there were 344 judges, 18 of which were Judges of Criminal Instruction, responsible for issuing warrants of arrest for cases outside of flagrante delito. Concerns were raised in relation to lack of financial and logistical resources for prosecutors, which are mandated to monitor the legality of police detention. As the criminal justice system is under-resourced, police officials have to wait for a judge to issue a warrant of arrest for cases falling outside of flagrante delito. Despite the decision, unlawful arrests continue to happen although there is anecdotal evidence that these have decreased. The 2013-decision has clarified who has the power to authorise arrest in these cases, but the situation is far from being resolved.

Sep 02, 2019
Liberty not the only loss - The Socio-Economic Impact of Remand Detention in the Western Cape
The evidence in this study suggests that the criminal procedural system metes ou ... 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.

May 28, 2019
Discussion Document: NPA Accountability, trust and public interest
This discussion document deals with three key concepts associated with the Natio ... 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.

Feb 19, 2019

Research Reports - More…

Peer-reviewed Publications

Journal article: Modest beginnings, high hopes: The Western Cape Police Ombudsman
In 2013 the Western Cape legislature passed the Western Cape Community Safety Ac ... In 2013 the Western Cape legislature passed the Western Cape Community Safety Act (WCCSA) to improve monitoring of and oversight over the police. One creation of the WCCSA is the Western Cape Police Ombudsman, which became operational in 2015. This article reviews its history and context, as well as results from its first year. The Police Ombudsman, the only one in the country, must be seen as one of the results of efforts by the opposition-held province to carve out more powers in the narrowly defined constitutional space, and in so doing to exercise more effective oversight and monitoring of police performance, and improve police–community relations. The Ombudsman must also be seen against the backdrop of poor police–community relations in Cape Town and the subsequent establishment of a provincial commission of inquiry into the problem, a move that was opposed by the national government, contesting its constitutionality. Results from the Ombudsman’s first 18 months in operation are modest, but there are promising signs. Nonetheless, the office is small and it did not do itself any favours by not complying with its legally mandated reporting requirements.

Jun 01, 2018
Journal article: The SocioEconomic Impact of Pretrial Detention in Kenya, Mozambique and Zambia
The presumed link between the rule of law and development suggests that an opera ... The presumed link between the rule of law and development suggests that an operational justice system is key to development. The research sought to understand and quantify how the decision to detain an accused person affects his or her socio-economic situation. Data was collected in Kenya, Mozambique and Zambia. The findings suggest that the use of the coercive power of the state exercised through the deprivation of an individual’s liberty has serious socio-economic consequences. While detention pending trial is justifiable sometimes, we argue that it is over-used, frequently resulting in excessively long detention. The deprivation of liberty interferes with the ability of individuals to be agents of their own development, infringing on socio-economic rights of individuals and their dependents. States can justify such infringements only if their coercive power is used within the ambit of democratic and rights-respecting laws complying with human rights standards.

Oct 04, 2017
Journal Article: Unconscionable and irrational: SAPS human resource allocation
The Khayelitsha Commission revealed that areas that are predominantly populated ... The Khayelitsha Commission revealed that areas that are predominantly populated by people who are poor and black are systematically allocated only a small fraction of the average per capita allocation of police personnel in the Western Cape. These areas also suffer among the highest rates of murder and serious violent crime in the province. The allocation of human resources to policing impinges on various constitutional rights. Given the inequity and irrationality apparent in the allocation of police personnel, the Khayelitsha Commission recommended that this method be urgently revised. This article reviews the evidence heard on the allocations and the method currently used to allocate police personnel, suggests an alternative method, and calls on the government to heed the recommendation of the Khayelitsha Commission that the state urgently revise its method of allocation of policing resources.

Sep 01, 2015

Peer-reviewed Publications - More…

Opinion-editorials

Op-ed: Number of awaiting-trial prisoners increases under lockdown
At the start of SA’s lockdown, prisoners were released in a bid to reduce tran ... At the start of SA’s lockdown, prisoners were released in a bid to reduce transmission of Covid-19 in prisons. The emphasis was on sentenced persons via special parole. Yet our most crowded facilities are remand centres, holding those awaiting trial. In the Western Cape, since April, there has been a worrying increase in remand imprisonment. What is causing this rise?

Jul 27, 2020
Op-ed: Prisons, overcrowding and preventing Covid-19 transmission
Over 163,000 people are in correctional facilities in South Africa. Outbreaks of ... 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.

Apr 30, 2020
Op-Ed: Ngcobo is but one example of policing gone wrong
The events of Ngcobo are portrayed as unusual, maybe because few realise that ru ... The events of Ngcobo are portrayed as unusual, maybe because few realise that rural former Transkei has a very high murder rate. Yet the South African Police Service allocates relatively few police officials to such areas. Now that SAPS members are among the dead, perhaps SAPS will reconsider.

Mar 01, 2018

Opinion-editorials - More…

ACJR Submission on Criminal Matters Amendment Bill 2020
ACJR Submission on Criminal Matters Amendment Bill 2020 | April 2020 ... ACJR Submission on Criminal Matters Amendment Bill 2020 | April 2020

Jul 23, 2020
ACJR Submission to the National Council of Provinces Select Committee on Security and Justice on the Judicial Matters Amendment Bill B13B OF 2019
ACJR Submission to the National Council of Provinces Select Committee on Securit ... ACJR Submission to the National Council of Provinces Select Committee on Security and Justice on the Judicial Matters Amendment Bill B13B OF 2019 | July 2020

Jul 23, 2020
ACJR Submission to the Portfolio Committee on Justice and Correctional Services on the Judicial Matters Amendment Bill B13 of 2019
ACJR Submission to the Portfolio Committee on Justice and Correctional Services ... ACJR Submission to the Portfolio Committee on Justice and Correctional Services on the Judicial Matters Amendment Bill B13 of 2019 | November 2019.

Jul 23, 2020

Submissions - More…

Fact and information sheets

Fact Sheet 17: The right of prisoners to vote in Africa (Updated)
This fact-sheet provides a brief update on the right of prisoners to vote in Afr ... This fact-sheet provides a brief update on the right of prisoners to vote in Africa. There have been substantive advances and breakthroughs in the promotion of this right as courts in Ghana, Kenya, Nigeria, South Africa, Zambia and most recently in Uganda have granted prisoners the right to vote. In Mozambique, the Ombudsman has made a recommendation that measures be put in place to allow prisoners to vote in future elections. The enfranchisement of prisoners is a positive step in the promotion of their basic human rights, it is therefore important that countries on the continent that are still lagging behind consider the above examples and follow suit.

Jul 13, 2020
Fact Sheet 25: Arrest without a warrant in Malawi
This fact sheet deals with arrest without a warrant in Malawi. Currently in Mala ... This fact sheet deals with arrest without a warrant in Malawi. Currently in Malawi there remain laws on the statutes that have not been tested against constitutional requirements resulting in all likelihood in arrests that are not compliant with the Constitution.

May 12, 2020
Fact Sheet 24: Arrest without a warrant in Kenya
This fact sheet focuses on arrest without a warrant in Kenya. Currently in Kenya ... This fact sheet focuses on arrest without a warrant in Kenya. Currently in Kenya the situation has been complicated by the legislative powers granted to the counties and some have used this opportunity to expand policing powers.

May 12, 2020

Fact and information sheets - More…

The socio-economic impact of pretrial detention in Lusaka, Zambia
Presentation by Jean Redpath ... Presentation by Jean Redpath

Jun 20, 2017
The socio-economic impact of pre-trial detention in Kenya, Mozambique and Zambia
Presentation by Lukas Muntingh ... Presentation by Lukas Muntingh

Jun 20, 2017
Conformidade constitucional do direito internacional e do sistema de justiça criminal em África
Apresentação de Gwen Dereymaeker ... Apresentação de Gwen Dereymaeker

Jun 07, 2017

Presentations - More…

South Africa's NPA: accountability, trust and public interest
Three key concepts are associated with the National Prosecuting Authority (NPA) ... Three key concepts are 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.

Jul 22, 2020
The performance of South Africa's National Prosecuting Authority
This infographic considers the performance of the National Prosecuting Authority ... This infographic considers the performance of the National Prosecuting Authority since inception.

Jul 21, 2020
The appointment and dismissal of South Africa's NDPP
This infographic sets out the current procedure for the appointment and dismissa ... This infographic sets out the current procedure for the appointment and dismissal of the National Director of Public Prosecutions (NDPP) and identifies problems and concerns.

Jul 16, 2020

Multimedia - More…

Archived Newsletters

Newsletter 10: Toward better case management in Malawi; toward decriminalisation of petty offences in Africa; toward indicators for pre-trial justice in Africa
Nov 20, 2015
Newsletter 9: Toward indicators for measuring pre-trial detention in Africa; Pre-trial reforms take a step forward in Beira; Evidence for the socio-economic impact of pre-trial detention and implications for rights and states
Apr 24, 2015
Newsletter 8: The right to legal representation in Mozambique and Angola; Kenya by-law arrests; African Commission Pre-trial Guidelines in Angola and Mozambique; South Africa Commission of Inquiry pre-trial findings and recommendations
Aug 28, 2014

Archived Newsletters - More…