ACJR Publications

This section contains ACJR publications and those of CSPRI (Civil Society Prison Reform Initiative), its predecessor.
New Research Report: Comparative study and findings on the impact of criminal, security and other exceptional laws and policies in select Francophone and Lusophone countries (Burundi, Cote d'Ivoire and Mozambique)

This report highlights the impact of criminal, security and other exceptional laws and policies that are deemed discriminatory, exclusionary, and incompatible with international human rights standards in select Francophone and Lusophone African countries, notably, Burundi, Côte d’Ivoire, and Mozambique. The countries were chosen due to their distinct legal traditions, each shaped by different colonial legacies, which adds depth to the comparative analysis. In each country, archaic laws remain embedded within their Penal Codes, many of which have little relevance in today’s context. In addition, newer laws have been introduced and are actively enforced by local and national governments, often with a discriminatory impact particularly on marginalised groups. In addition to examining criminal, security, and exceptional laws, the country reports also explore the historical and political context, constitutional and legislative reforms over the past 25 years, the broader legal framework, relevant regional and international human rights instruments, and the roles of oversight and monitoring bodies.

Sumário Executivo: Estudo Comparativo e Resultados Sobre u Impacto de Legislação Criminal, de Segurança Pública e Outras Leis Excepçionais E Políticas em Países Francofófonos e Lusófonos Seleccionados (Burundi, Costa do Marfim e Moçambique) Sumário Executivo: Estudo Comparativo e Resultados Sobre u Impacto de Legislação Criminal, de Segurança Pública e Outras Leis Excepçionais E Políticas em Países Francofófonos e Lusófonos Seleccionados (Burundi, Costa do Marfim e Moçambique)

Este Resumo Executivo fornece uma visão geral concisa do estudo comparativo e das descobertas sobre o impacto de leis e políticas criminais, de segurança e outras leis e políticas excepcionais em países francófonos e lusófonos selecionados.

Report: Options for Reform: Appointing the National Director of Public Prosecutions in South Africa | Dr J Redpath Report: Options for Reform: Appointing the National Director of Public Prosecutions in South Africa | Dr J Redpath

The National Director of Public Prosecutions (NDPP), as leader of the National Prosecuting Authority (NPA), must ensure that the NPA holds to account those involved in corruption and criminality, both inside and outside of government. Accountability is fundamental to the rule of law, a founding value in the Constitution. This Policy Paper looks at the requirements and process for the appointment of the NDPP, and proposes key reforms to the NPA legislation.

Submission by the Dullah Omar Institute to the National Assembly Portfolio Committee on Planning, Monitoring and Evaluation on the National State Enterprises Bill [B1 – 2024] Submission by the Dullah Omar Institute to the National Assembly Portfolio Committee on Planning, Monitoring and Evaluation on the National State Enterprises Bill [B1 – 2024]

This submission by the Dullah Omar Institute critiques the proposed National State Enterprises Bill, arguing that its centralised governance model may deepen existing challenges in South Africa's state-owned enterprises (SOEs). While the Bill rightly aims to strengthen operational efficiency and board accountability, it does so by centralising power in the Presidency through a holding company (SAMSOC), without sufficient checks, transparency, or stakeholder participation. The submission highlights the Bill’s lack of clear criteria for due diligence, accountability mechanisms, or transparent board appointment processes. Drawing comparisons with Singapore’s Temasek model, the Institute argues that transplanting such models without regard to South Africa’s constitutional and political context is misguided. The submission stresses that SOE reform must be rooted in the values of section 195 of the Constitution—particularly transparency, accountability, and public participation. It recommends dispersing decision-making powers, introducing objective and transparent criteria for board appointments, and ensuring meaningful stakeholder inclusion. The current draft, it warns, risks reinforcing oligarchic tendencies and undermining democratic oversight, rather than restoring public trust in SOEs.

Brief on the National Prosecuting Authority’s Office for Ethics and Accountability | by Lukas Muntingh (2025) Brief on the National Prosecuting Authority’s Office for Ethics and Accountability | by Lukas Muntingh (2025)

The National Prosecuting Authority’s (NPA) Office for Ethics and Accountability (OEA), established in 2023, is a newly created internal mechanism aimed at promoting ethical conduct and accountability among prosecutors in South Africa. Its creation was mandated by the National Prosecuting Authority Act of 1998, but a formal complaints mechanism was only gazetted through regulations in late 2023. The OEA fills a critical gap in the NPA’s accountability framework, especially amid widespread criticism and declining public trust following state capture revelations and systemic inefficiencies in the justice system.

Fact sheet 29: Sub-national governance and the plight of women working in public spaces in South Africa | by Janelle Mangwanda Fact sheet 29: Sub-national governance and the plight of women working in public spaces in South Africa | by Janelle Mangwanda

The right to work in public spaces has recently become a highly contested issue; and the reality in most African countries is that those working in public depend on it for survival. Women make up the majority of workers in the informal economy in Africa and include market and street traders selling small items, food and fresh produce, hawkers, reclaimers and those operating small businesses, such as barbershops and hair salons. This fact sheet highlights the challenges of women working in public spaces in South Africa. The focus is five-fold, namely; (1) general observations on their working conditions, (2) knowledge of the law and policy-making process, (3) engagements between public space workers and sub-national authorities, (4) law enforcement and sanctions, (5) recommendations for reform