Now showing items 7-26 of 85

    • 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 

      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 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 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 

      Lukas, Muntingh (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 ...
    • 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 ...
    • Expungement of a criminal record Crimes committed by a child 

      Africa Criminal Justice Reform (Dullah Omar Institute, 2018)
      Expungement removes the criminal record of your conviction from the Criminal Record Centre of the South African Police Service (SAPS). This allows a person to carry on with life without a criminal record being an obstruction ...
    • Expungement of a criminal record May 2018 Crimes committed by an adult 

      Africa Criminal Justice Reform (2018)
      Expungement removes the criminal record of your conviction from the Criminal Record Centre of the South African Police Service (SAPS).This allows a person to carry on with life without a criminal record being an obstruction ...
    • Failing to discipline in SAPS - Fostering a culture of impunity 

      Africa Criminal Justice Reform (Dullah Omar Institute, 2019)
      It is with unfortunate regularity that we read reports in the media about corrupt South African Police Service (SAPS) officials and officials implicated in other crimes, including human rights violations. Indicative of ...
    • Failing to prosecute? Assessing the State of the National Prosecuting Authority of South Africa 

      Redpath, J (Institute for Security Studies, 2012)
      The National Prosecuting Authority (NPA) is pivotal not only in the criminal justice system, but also in the proper functioning of South Africa’s democracy. This monograph focuses on the independence, accountability and ...
    • A guide to the rights of inmates as described in the Correctional Services Act and regulations 

      Muntingh, Lukas (Community Law Centre, University of the Western Cape, 2010)
      The Correctional Services Act (111 of 1998) was promulgated in 2004 creating a rights-based framework for South Africa’s prison system. In 2008 the Correctional Services Act was amended by the Correctional Services Amendment ...