ACJR Publications

This section contains ACJR publications and those of CSPRI (Civil Society Prison Reform Initiative), its predecessor.
Submission by the Dullah Omar Institute to the Department of Co-operative Governance on the Standard Draft By-laws for Township Economies issued in terms of the Local Government: Municipal Systems Act, 2002 (Act 32 of 2002) Submission by the Dullah Omar Institute to the Department of Co-operative Governance on the Standard Draft By-laws for Township Economies issued in terms of the Local Government: Municipal Systems Act, 2002 (Act 32 of 2002)

This submission was made to the Department of Co-operative Governance on the Standard Draft By-laws for Township Economies issued in terms of the Local Government: Municipal Systems Act, 2002 (Act 32 of 2002) on 30 June 2024 | by Prof Lukas Muntingh, Prof Tinashe Chigwata and Janelle Mangwanda

Statement in response to the activity report of the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa: 79th Ordinary Public Session of the African Commission on Human and Peoples’ Rights 14 May to 3 June 2024 Statement in response to the activity report of the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa: 79th Ordinary Public Session of the African Commission on Human and Peoples’ Rights 14 May to 3 June 2024

Dullah Omar Institute statement on behalf of the Campaign to Decriminalise Poverty and Status in response to the activity report of the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa. This submission focuses on the challenges related to the criminalisation of minor or petty offences at sub-national level. The submission notes that in several African countries, local law enforcement agencies often enforce subnational laws in an arbitrary, discriminatory and violent way which infringes on fundamental human rights. It was further noted that there is a lack of strong and effective internal and external oversight and monitoring mechanisms to regulate the enforcement practices of subnational law enforcement agencies to protect people against human rights abuses. The submission also highlights the existence in several African states of quasi-state and private security agencies or vigilante groups with delegated powers to prevent crime, maintain public order, police the use of public spaces, and in some cases, effect an arrest. The challenge, however, is that the majority of these security agencies are populated by informally trained personnel and enforcement is conducted in a brutal manner and is often characterized by a lack of due process. In general, the submission recommends that the African Commission and the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa should urgently prioritise the role of subnational governments in their work to promote the decriminalisation of petty offences.

Journal Article: The End of Public/Private Partnership Prisons in the Department of Correctional Services of South Africa Journal Article: The End of Public/Private Partnership Prisons in the Department of Correctional Services of South Africa

South Africa has two fully privatised prisons, each housing some 3,000 prisoners. Their history has been mired in controversy from the start, and this has not improved over a period of nearly 25 years. Recent events affecting the security and integrity of the two facilities provide a useful opportunity to reflect on these private prisons as well as wider issues regarding private sector involvement in the prison system. The intersection of politics, organised labour, private sector interests, and corruption have in all likelihood rung the death knell for private prisons in South Africa. Muntingh L, The End of Public/Private Partnership Prisons in the Department of Correctional Services of South Africa, The Prison Journal, 1–17 (2024)

Fact sheet 28: Sub-national governance and the plight of people working in public spaces | by Janelle Mangwanda and Kristen Petersen Fact sheet 28: Sub-national governance and the plight of people working in public spaces | by Janelle Mangwanda and Kristen Petersen

The socio-economic and political landscape in many African countries is characterised with inequality, poverty and high unemployment rates, forcing populations to turn to the informal economy for survival. The informal economy has since become the main economic driver in many countries, and is described as all economic activities conducted in public spaces by workers and economic units that are (in law or in practice) not covered or insufficiently covered by formal arrangements. The reality in several African countries is that those working in public spaces are generally vulnerable people, including women traders, migrants, reclaimers, as well as poor and homeless persons. Some of the challenges faced by these groups include onerous bureaucratic requirements for operation, restrictive municipal by-laws and regulations, harsh treatment by law enforcement officials, minimal sanitary services offered by local authorities and climate and environmental changes. The plight of these vulnerable groups is often overlooked by decision makers in policy-making processes. Yet, their activities significantly contribute to socio-economic development by alleviating poverty, creating informal employment, providing food security and offering recycling and sanitation services for municipalities and cities.