Dullah Omar Institute for Constitutional Law, Governance and Human Rights: Recent submissions
Now showing items 21-40 of 364
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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 ... -
Understanding impunity in the South African law enforcement agencies
(Dullah Omar Institute, 2013)This paper analyses the underlying structural and functional reasons for de facto impunity in South African law enforcement with specific reference to the South African Police Service (SAPS) and the Department of Correctional ... -
Juvenile justice review 1997
(South African Journal of Criminal Justice, 1998)The 1997 juvenile justice review charts developments in juvenile justice law in South Africa from November 1996 until October 1997. The most significant development during 1997 was the release of the issue paper on Juvenile ... -
Juvenile justice review 1996
(South African Journal of Criminal Justice, 1996)This review follows the 1995 review, the first in this journal, and similarly reviews the period until 30 September 1996. In the year presently under review the principle focus of juvenile justice concern was yet again the ... -
Juvenile justice review 1994-1995
(South African Journal of Criminal Justice, 1995)This review of the state of juvenile justice in South Africa introduces a new section to this journal in which annual developments relating to law and policy in the field of juvenile justice will be examined. Juvenile ... -
'A short history of time' charting the contribution of social development service delivery to enhance child justice 1996-2006
(Journal of Social Work, 2007)The starting point of this article has been selected as 1996 for several reasons. That year was characterised by three signal events in the history of child justice in South Africa. First, 1996 heralded the adoption of 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 ... -
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 ... -
Punishment and deterrence: don’t expect prisons to reduce crime
(SA Crime Quarterly, 2008)The belief is thoroughly entrenched that prisons fulfil the triple function of punishing offenders, making society safer by removing dangerous individuals, and deterring potential offenders from committing crime. The fact ... -
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 ... -
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 ...
