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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 ...
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 ...
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 ...
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 ...
Race, gender and socio-economic status in law enforcement in South Africa – are there worrying signs?
(Community Law Centre, University of the Western Cape, 2013)
In the South African context the right to equality has particular significance given the country’s history of statutory unfair racial discrimination. This paper investigates, based on quantitative data, how different ...
Ten years after the Jali Commission: assessing the state of South Africa's prisons
(South African Crime Quaterly, 2016-12)
Ten years have lapsed since the Jali Commission’s final report became publicly available, and it is therefore an opportune time to assess the state of South Africa’s prison system. The Jali Commission was appointed when ...
Failing to discipline in SAPS - Fostering a culture of impunity
(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 ...
The right of prisoners to vote in Africa: An update
(Africa Criminal Justice Reform, 2019)
Broadly speaking, universal suffrage refers to the rights conferred on adult citizens of a country to vote, however, there are always restrictions to a greater or lesser degree on who can vote in every democratic political ...
The appointment and dismissal of the NDPP: Instability since 1998
(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 ...
National Prosecuting Authority Performance
(Dullah Omar Institute, 2018)
The National Prosecuting Authority of South Africa (NPA) was created by legislation which came into effect in August 1998, and became a stand-alone entity in 2002/3, whereas previously it was more closely embedded in the ...