Following from previous work, this report looks at seven areas of reform for the National Prosecuting Authority (NPA). By its own admission the NPA is facing a long list of challenges, internally and externally. This report proposes seven areas of reform that can over the short to medium term, if followed, make a substantial and constructive contribution to rebuilding trust in the NPA. The seven areas are: • the appointment of the NDPP and other senior officials • the dismissal of the NDPP • the prosecution policy directives • referrals from other agencies • informal mediation • structuring the clusters of the NPA • general oversight. An unavoidable conclusion is that law reform is needed since the current legal framework enabled the hollowing-out and misuse of the NPA. Report by Lukas Muntingh and Jean Redpath
ACJR Submission to the Western Cape Provincial Police Ombudsman: Quality of victim support services and democratic policing | April 2020
ACJR Submission to the City of Cape Town: Proposed by-law amendments | May 2020
ACJR Submission to the National Council of Provinces Select Committee on Security and Justice on the Judicial Matters Amendment Bill B13B OF 2019 | July 2020
ACJR Submission to the Portfolio Committee on Justice and Correctional Services on the Judicial Matters Amendment Bill B13 of 2019 | November 2019.
ACJR Submission on Criminal Matters Amendment Bill 2020 | April 2020
Updated Infosheet 1 on the criminal justice system following recent regulations issued.
This Infosheet deals with the deployment of the South African National Defence Force (SANDF) to assist in the implementation of the COVID-19 lockdown.
This fact sheet deals with arrest without a warrant in Malawi. Currently in Malawi there remain laws on the statutes that have not been tested against constitutional requirements resulting in all likelihood in arrests that are not compliant with the Constitution.
This fact sheet focuses on arrest without a warrant in Kenya. Currently in Kenya the situation has been complicated by the legislative powers granted to the counties and some have used this opportunity to expand policing powers.
Over 163,000 people are in correctional facilities in South Africa. Outbreaks of Covid-19 in these prisons can have catastrophic consequences for both prisoners and the public healthcare system.
This information sheet sets out the provisions per regulation concerning the functioning of the criminal justice system under the COVID-19 lock-down. Some items still require clarification and will be updated as needed.
The regulations for the 21-day lock-down starting on midnight 26 March 2020 are set out here in a simplified manner.
This Info Sheet simplifies the COVID-19 lockdown regulations dated 15 April 2020.
In December 2020 a revised Penal Code and new Criminal Procedure Code and Code on the Implementation of Penalties will enter into force in Mozambique. While substantial changes related to alternatives to imprisonment and specifically to community service will be introduced, this report assesses the implementation of community service orders (CSO) in Mozambique between 2015 and 2019. It examines its use by the courts and implementation by the Department for Corrections. The findings point to several implementation problems, such as its infrequent if not rare use by the courts as well as challenges in monitoring offenders by the Service for Alternatives to Imprisonment. A number of systemic problems were found, such as the lack of management, procedural guidelines, and training; understaffing, and a serious lack of material and financial resources necessary for the effective implementation of CSO. Regardless of a new legal framework, it is submitted that valuable lessons need to be taken from the period under review. Based on the findings, the report concludes with recommendations to address the shortcomings.
Research Report: Recommendations for reform of the National Prosecuting Authority
