Browsing Civil Society Prison Reform by Issue Date
Now showing items 41-60 of 85
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The Special Rapporteur on prisons and conditions of detention in Africa and the committee for the prevention of torture in Africa: the potential for synergy or inertia?
(SUR - International Journal on Human Rights, 2010)Th is article examines the implications arising out of the recent decision of the African Commission on Human and People’s Rights (African Commission) to appoint the Chair of the Committee for the Prevention of Torture in ... -
A guide to the rights of inmates as described in the Correctional Services Act and regulations
(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 ... -
Towards an understanding of repeat violent off ending
(Institute for Security Studies, 2010-07)Th is paper explores South African and international literature relevant to repeat off ending. It reviews the international literature on violent and aggressive behaviour and relevant, but limited, South African literature ... -
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 ... -
Sexual violence in prisons – Part 1: The duty to provide safe custody and the nature of prison sex
(South African Journal of Criminal Justice, 2011)While the exact extent of sexual victimisation in prisons amongst men is uncertain, it is accepted that this is a universal phenomenon. This article, in two parts, examines sexual violence in South African prisons and ... -
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, ... -
Failing to prosecute? Assessing the State of the National Prosecuting Authority of South Africa
(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 ... -
Community safety, offender re-entry and local government
(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 ... -
The Child Justice Act: a detailed consideration of section 68 as a point of departure with respect to the sentencing of young offenders
(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 ... -
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 ... -
Survey of detention visiting mechanisms in Africa
(Community Law Centre, University of the Western Cape, 2013)Mechanisms of detention oversight may refer to any number of activities or approaches which would result in the institution of detention being held accountable to the overseeing body. Such actions may include public ... -
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 ... -
Are the rights of children paramount in prison legislation?
(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 ... -
Guidelines and principles on imprisonment and the prevention of torture under the African Charter on Human and Peoples' Rights - how relevant are they for South Africa?
(Faculty of Law, UWC, 2013)It must be regarded as a peculiarity that the African Charter on Human and Peoples’ Rights makes no specific mention of prisoners’ rights and that these rights have to be inferred from overall reading of the Charter, and ... -
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 ... -
The African Commission’s Guidelines on Pre-trial Detention: Implications for Angola and Mozambique
(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 ... -
Punished for being Poor: Evidence and Arguments for the Decriminalisation and Declassification of Petty Offences
(Dullah Omar Institute, 2015)The Ouagadougou Declaration and Plan of Action on Accelerating Prison and Penal Reform in Africa of 20031 endorsed recommendations calling for reducing the size of prison populations in Africa. The Plan of Action recommended ... -
Understanding Oscar’s sentence: Sentencing under Section 276(1)(i) of the Criminal Procedure Act
(Dullah Omar Institute, 2015)The recent announcement of the imminent, and subsequently suspended, release on correctional supervision of Oscar Pistorius has attracted significant media attention. For many his possible release is confusing as he was ... -
Unconscionable and irrational: SAPS human resource allocation
(South African Crime Quarterly, 2015)The Khayelitsha Commission revealed that areas that are predominantly populated by people who are poor and black are systematically allocated only a small fraction of the average per capita allocation of police personnel ...