Now showing items 1-20 of 86

  • The African Commission’s Guidelines on Pre-trial Detention: Implications for Angola and Mozambique 

    Lorizzo, Tina (Community Law Centre, University of the Western Cape, 2014)
    On 8 May 2014, in Luanda (Angola), the African Commission on Human and Peoples’ Rights (ACHPR) adopted the Guidelines on the Use and Conditions of Arrest, Police Custody and Pre-trial Detention in Africa (hereafter the ...
  • Alternative sentencing in South Africa: an update 

    Lukas, Muntingh (Institute for Security Studies, 2005)
    With South Africa’s ever growing prison population, the hope is often expressed that non-custodial sentencing options or ‘alternative sentencing’ will relieve the overcrowding and its associated ills. The current situation ...
  • The appointment and dismissal of the NDPP: Instability since 1998 

    Africa Criminal Justice Reform (Dullah Omar Institute, 2018)
    The position of National Director of Public Prosecutions (NDPP) has emerged since 1998 as one of the most unstable positions in government. This can to a large degree t be ascribed to how appointments and dismissals are ...
  • Are the rights of children paramount in prison legislation? 

    Muntingh, Lukas; Ballard, Clare (Juta Law, 2013)
    The principle, the rights of the child shall be of paramount importance in all decisions affecting the child, is established firmly in international law and, accordingly, reflected in the Constitution. Constitutional ...
  • Arrested in Africa: An Exploration of the Issues 

    Muntingh, Lukas (Dullah Omar Institute, 2015)
    Recent research and advocacy efforts have drawn attention to the excessive use of and prolonged pre-trial detention in Africa. At any given moment there are roughly 1 million people in Africa’s prisons. Far more move ...
  • An Assessment of the National Prosecuting Authority: A Controversial Past and Recommendations for the Future 

    Muntingh, Lukas; Redpath, Jean; Petersen, Kristen (Dullah Omar Institute, 2017)
    The Constitution of South Africa provides for a single, independent national prosecution authority. The office of the National Prosecuting Authority (NPA) was formally established through the National Prosecuting Authority ...
  • The betrayal of Steve Biko – South Africa’s initial report to the UN Committee against torture and responses from civil society 

    Lukas, Muntingh (Law, Democracy & Development, 2008)
    This article will focus on State Party obligations in respect of reporting to the UN Committee against Torture (the Committee) under article 19(1)17 of CAT and more particularly on civil society’s interaction with the ...
  • Challenges to effective prison governance in South Africa 

    Chris, Tapscott (Law, Democracy & Development, 2006)
    In an attempt to broaden the debate on prison reform in South Africa, this article reports on the findings of the investigation into the status of governance in selected prisons around the country. The study. which set out ...
  • The changing face of life imprisonment in South Africa 

    Jamil Ddamulira, Mujuzi (Civil Society Prison Reform Initiative, 2008)
    This article investigates the meaning and use of life imprisonment in South Africa in four major legal historical eras: life imprisonment at the time when the death penalty was still lawful in South Africa (including life ...
  • Child justice 

    Lukas, Muntingh (South African Journal of Criminal Justice, 2018)
    Although the period under review is not an extensive one, it must be noted that cases in which higher courts have pronounced on aspects of the Child Justice Act remain, in the view of the author, rather few. In some high ...
  • The Child Justice Act: a detailed consideration of section 68 as a point of departure with respect to the sentencing of young offenders 

    Stephan, Terblanche (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 ...
  • Children deprived of their liberty: protection from torture and ill treatment 

    Lukas, Muntingh (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, ...
  • Community safety, offender re-entry and local government 

    Muntingh, Lukas; Naude, Johan (Community Law Centre, University of the Western Cape, 2012)
    This paper examines the issue of “Community safety, offender re-entry and local government” in South Africa. The impact of the release of large numbers of prisoners back into society on a monthly basis poses particular ...
  • Constructing pre-trial detention indicators for African contexts: Problems and proposals 

    Redpath, Jean (Dullah Omar Institute, 2015)
    This discussion paper arose from the conundrum faced by a paralegal organisation working in an African country in demonstrating both that pre-trial detention is a problem in that country, and that their work has an impact ...
  • Corruption in the prison context 

    Lukas, Muntingh (Civil Society Prison Reform Initiative, 2006)
    The point of departure of this paper is that, in general, corruption is a human rights issue, which is accentuated in the prison context given the nature of imprisonment. Three factors create an intrinsic risk for corruption ...
  • The Criminalization of Torture in South Africa 

    Fernandez, Lovell; Muntingh, Lukas (2016)
    This article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The ...
  • The criminalization of torture in South Africa 

    Lukas, Muntingh; Lovell, Fernandez (Journal of African Law, 2016)
    This article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The ...
  • The death penalty in the Cape Provincial Division: 1986-1988 

    Julia, Sloth-Nielsen; Christina, Murray (South African Journal on Human Rights, 1989)
    This article presents the data that we collected in four tables. These are explained in the first section below. The second part of the article examines three issues that emerge from the data. First, we note the disparity ...
  • The effect of sentencing on the size of the South African prison population 

    Chris, Giffard; Lukas, Muntingh (Open Society Foundation for South Africa, 2006-10)
    That South African prisons are experiencing serious and growing overcrowding problem is well-known to anyone with an interest in the criminal justice sector. Particularly since 2000 the widening gap between available prison ...
  • Ex-prisoners' views on imprisonment and re-entry 

    Muntingh, Lukas (Community Law Centre, University of the Western Cape, 2009)
    In the past 15 years much research has been conducted on the prison system in South Africa focusing on governance, law reform and human rights. It is, however, of particular concern that the voices of prisoners and ...