ACJR Publications

This section contains ACJR publications and those of CSPRI (Civil Society Prison Reform Initiative), its predecessor.
Statement by the DJF on the delay in giving effect to the Sonke decision on the independence of the Judicial Inspectorate
Author: Crystal
Published: Sep 23, 2022

In December 2020, the Constitutional Court confirmed the order of constitutional invalidity made by the Western Cape High Court in Sonke Gender Justice NPC v President of the Republic of South Africa and Others regarding certain provisions of the Correctional Services Act dealing with the independence of the Judicial Inspectorate for Correctional Services. The Court gave Parliament two years to rectify these issues; an approach that has been used previously by the Court. The two-year period will lapse on 3 December 2022, which is less than three months into the future. The Detention Justice Forum calls on all relevant state actors to make public the plan for meaningful public participation on the draft Bill and all steps necessary to ensure that the Sonke decision is substantively given effect to.

Report - Overview and key findings COVID-19 restrictions and the impact on criminal justice and human rights (Kenya, Malawi, Mozambique, South Africa & Zambia)
Author: Lukas
Published: Jul 29, 2022

This report makes a number of overview observations dealing with broader issues of governance, human rights, the socio-economic impact of the COVID-19 pandemic and the criminal justice system. A central lesson to be taken from these findings is the need for continued vigilance in seeking a balancing of rights and the importance of evidence-based policy-making, especially where there is the potential that those already socio-economically vulnerable may be pushed deeper into poverty. Report by L Muntingh, J Mangwanda & K Petersen

Statement under Agenda Item 3: Human Rights Situation in Africa | 71st Ordinary Session of the African Commission on Human and Peoples’ Rights
Author: Crystal
Published: Apr 26, 2022

ACJR statement to the African Commission under the item Human Rights Situation in Africa addresses the concerns around African States' handling of the COVID-19 pandemic and the fact that law enforcement officials implicated in rights violations against citizens in the context of COVID-19 have not been held accountable for their actions.

Presentation: Accountability and Transparency of the NPA | by Jean Redpath
Author: Crystal
Published: Mar 18, 2022

Transparency, Accountability, Independence Independence is an essential feature of the proper exercise of prosecutorial discretion. Independence requires that justice be dispensed without ‘fear, favour or prejudice.’ Independence cannot exist alone: it must co-exist with accountability. Transparency is required to ensure accountability: if no-one is seen to be held accountable for the exercise of prosecutorial discretion, how can the public ever have any assurance that decisions are not tainted or improper?

ISSUE PAPERS: Key issues in the NPA - Are we understanding the problem correctly?
Author: Crystal
Published: Mar 18, 2022

In a series of five Issue Papers, Lukas Muntingh and Jean Redpath take a few steps back and ask whether we are indeed problematising the correct issues and, if so, are we problematising the issue in a manner that will restore trust and thus legitimacy in the NPA. From this position we can also examine our current and future expectations of the NPA.