Civil Society Prison Reform
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The Civil Society Prison Reform Initiative , is a research and advocacy project focussing on prisons and places of confinement in the African region, with the aim of furthering constitutional and human rights imperatives within these settings.
Recent Submissions
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Reducing prison violence: implications from the literature for South Africa
(Civil Society Prison Reform Initiative, 2009)In the past 15 years the Department of Correctional Services (DCS) has faced numerous challenges whilst trying to re‐invent itself. This has not been an easy road and in many regards the route to penetrative transformation ... -
The Child Justice Act: a detailed consideration of section 68 as a point of departure with respect to the sentencing of young offenders
(Potchefstroom Electronic Law Journal, 2012)The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children ... -
Towards an understanding of repeat violent off ending
(Institute for Security Studies, 2010-07)Th is paper explores South African and international literature relevant to repeat off ending. It reviews the international literature on violent and aggressive behaviour and relevant, but limited, South African literature ... -
Ex-prisoners' views on imprisonment and re-entry
(Civil Society Prison Reform Initiative, 2009)This research project gathered information from ex-prisoners about their experiences during and after imprisonment. Knowing what prison system users think and say about the system is important because they are ultimately ... -
Sexual violence in prisons – Part 1: The duty to provide safe custody and the nature of prison sex
(South African Journal of Criminal Justice, 2011)While the exact extent of sexual victimisation in prisons amongst men is uncertain, it is accepted that this is a universal phenomenon. This article, in two parts, examines sexual violence in South African prisons and ... -
South Africa's Heart of Darkness: Sex crimes and child offenders: some trends
(South African Crime Quarterly, 2003)It is a source of great concern that the number of sexual offences committed by children is apparently on the increase. Given that the Child Justice Bill provides for a separate criminal justice process for children, and ... -
Prosecutorial attitudes towards diversion
(NICRO National Office, 1998)This report investigates a number of issues relating to diversion in an effort to make certain recommendations with regard to the running and management of diversion with a particular emphasis on the discretionary powers ... -
The Special Rapporteur on prisons and conditions of detention in Africa and the committee for the prevention of torture in Africa: the potential for synergy or inertia?
(SUR - International Journal on Human Rights, 2010)Th is article examines the implications arising out of the recent decision of the African Commission on Human and People’s Rights (African Commission) to appoint the Chair of the Committee for the Prevention of Torture in ... -
Prisoners’ right of access to antiretroviral treatment
(ESR Review, 2006)Prisoners are susceptible to a number of illness and diseases due, in part, to poor living conditions in prisons (e.g. overcrowding and poor nutrition), substance abuse and sexual violence (e.g. male rape). The rate of HIV ... -
Reaching A Verdict: The impact of minimum sentencing
(South African Crime Quarterly, 2007)The so-called ‘temporary’ minimum sentencing legislation introduced into South African law in 1998 is still in place. The legislation was passed largely in response to high crime rates at the time and the perceived leniency ... -
Guide to the UN Convention against torture in South Africa
(Civil Society Prison Reform Initiative, 2008)This publication is a guide to the UN Convention against Torture and Cruel, Inhuman and Degrading Treatment or Punishment (CAT) for the South African context. The guide is furthermore aimed at civil society organisations ... -
The socio-economic impact of pre-trial detention in Kenya, Mozambique and Zambia
(Open Society Initiative for Southern Africa (OSISA), 2016)This project seeks to confirm and quantify the socio-economic impact of pre-trial detention on detainees, their families and associated households in the main urban centres of Kenya, Mozambique and Zambia. The aim is to ... -
Prisons, the law and overcrowding
(Wits University Press, 2014)This chapter is about a long-standing problem in the South African criminal justice sector that, despite an overhaul of the prison legislation after the enactment of the final Constitution, continues, twenty years on, to ... -
Children deprived of their liberty: protection from torture and ill treatment
(Tygerberg: Medical Research Council, 2012)Children deprived of their liberty by the state are, as a result of state officials’ action or inaction, at the risk of death, torture, and ill treatment. Three types of places of detention are discussed, namely prisons, ... -
Stop prison rape in South Africa
(Agenda, 2007)South Africa has some of the highest rates of rape in the world. Activists have drawn attention to the devastating effect this has on women and children. However, insufficient attention has been paid to rape - predominantly ... -
Research report on remand detention in South Africa: an overview of the current law and proposals for reform
(Civil Society Prison Reform Initiative, 2011)The report discusses, firstly, the bail provisions in the Criminal Procedure Act with regard to the right to liberty and in the broader constitutional notion of proportionality. Second, case law from regional and international ... -
Sexual violence in prisons – Part 2: The Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007) – its implications for male rape in prisons and the Department of Correctional Services
(South African Journal of Criminal Justice, 2011)The Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007), referred to here as the Sexual Offences Act (SOA), established in law a gender-neutral definition of rape and this has important implications ... -
Making sense of the numbers: Civil claims against the SAPS
(South African Crime Quarterly, 2015)In recent years reports have increasingly pointed to the mounting quantum of claims for civil damages faced by the South African Police Service (SAPS). A close analysis of the publicly available data shows that increasingly ... -
Juvenile justice review 1998
(South African Journal of Criminal Justice, 1999)The 1998 Juvenile Justice Review charts developments in juvenile justice law and practice in South Africa from October 1997 until October 1998. However, the release of the South African Law Commission discussion paper on ... -
Juvenile justice review 1999-2000
(South African Journal of Criminal Justice, 2001)The two years covered in this review have seen major developments in the juvenile justice sphere. Not only have several important judicial decisions been handed down, but the process of law reform has advanced significantly ...