Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Author "Lukas, Muntingh"
Now showing items 1-20 of 29
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Alternative sentencing in South Africa: an update
(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 betrayal of Steve Biko – South Africa’s initial report to the UN Committee against torture and responses from civil society
(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 ... -
Child justice
(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 ... -
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, ... -
Corruption in the prison context
(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
(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 effect of sentencing on the size of the South African prison population
(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
(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 ... -
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 ... -
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 ... -
NICRO diversion options
(National Institute for Crime Prevention and the Rehabilitation of Offenders, 2000)Since 1994 South Africa has faced many challenges but none so widely experienced as crime. The day-to-day perceptions of living in South Africa are characterised by crime, violence and uncertainty. The criminal justice ... -
Offender rehabilitation and reintegration: taking the White Paper on Corrections forward
(Civil Society Prison Reform Initiative, 2005)Rehabilitation and reintegration, as contemplated on the scale articulated in the White Paper, will indeed require a very careful approach and consideration would have to be given to the major challenges, such as resource ... -
The prevalence of HIV in South Africa's prison system: some, but not all the facts, at last
(Civil Society Prison Reform Initiative, 2008-05-26)The lack of reliable research data and more specifically, data on intervention impact evaluations, present a particular challenge in respect of evidence-based law and policy reform. In resource-constrained environments it ... -
Preventing and combating torture in South Africa: a framework for action under CAT and OPCAT
(Centre for the Study of Violence and Reconciliation & Civil Society Prison Reform Initiative, 2008)This booklet aims to provide more information to decision-makers and stakeholders on the challenges relating to preventing and combating torture; and also outlines South Africa’s obligations under CAT and OPCAT. These two ... -
Prisoner re-entry in Cape Town - an exploratory study
(Civil Society Prison Reform Initiative, 2008)This study is concerned with the immediate post-release period and asked a very simple question: “What happens to people immediately after they have been released from prison?” The question is aimed at gaining a deeper and ... -
Prisoners' access to anti-retroviral treatment
(Civil Society Prison Reform Initiative, 2006)Prisoners are susceptible to a number of illness and diseases. This may relate to the conditions of prisons themselves (e.g. poor ventilation is associated with TB), life style (e.g. poor nutrition and substance abuse), ... -
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 ... -
Prisons in South Africa's constitutional democracy
(Centre for the Study of Violence and Reconciliation, 2007-10)In this article it will be argued that to make prisons compatible with a constitutional democracy, as understood in South Africa, four requirements need to be met. First, the prison system must have an underlying philosophical ... -
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 ...
