ACJR Publications

This section contains ACJR publications and those of CSPRI (Civil Society Prison Reform Initiative), its predecessor.
Fact Sheet 7: The appointment and dismissal of the NDPP

The recent announcement by President Ramaphosa to call together a committee of experts to assist him to appoint a new National Director of Public Prosecutions (NDPP) is unprecedented, and an extremely important move in the right direction towards greater transparency and accountability at South Africa's National Prosecuting Authority. An earlier report by ACJR dealt in detail with the problems at the NPA and, amongst others, recommended that the appointment procedure of the NDPP be reformed. In this fact sheet the current procedure for the appointment and dismissal of the NDPP is set out and problems identified. This should inform debate and stimulate ideas on the reforms we would like to see.

Solitary Confinement - A review of the legal framework and practice in five African countries Solitary Confinement - A review of the legal framework and practice in five African countries

This report investigates the legal frameworks of five African countries (Kenya Malawi, Mozambique, South Africa and Zambia) as they relate to the use of solitary confinement. The effect of long periods of solitary confinement have been shown to have severe impacts on a prisoner’s mental and physical well-being. The UN Human Rights Committee (UNHRC) has noted that the use of prolonged solitary confinement may amount to torture or to cruel, inhuman or degrading treatment or punishment, in breach of Article 7 of the International Covenant on Civil and Political Rights (ICCPR). In December 2015, the UN General Assembly adopted the revised United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules (‘2015 UNSMR’). The 2015 UNSMR addresses a key shortcoming in the protection and treatment of people in places of detention, as it, for the first time, sets down norms and limitations on the use of solitary confinement. The report concludes that there are major areas of non-compliance in each of the countries and this requires urgent attention

ACJR Submission on the Independent Police Investigative Directorate Amendment Bill (2018)

It is our submission that the issue to be addressed, namely the independence of IPID also relates to the relationship between IPID and the National Prosecuting Authority (NPA) and this submission focuses on that relationship as described in section 7(4-5) of the IPID Act. It will be submitted below that the effectiveness and impact of IPID is essentially at the mercy of the NPA.

Journal article: Modest beginnings, high hopes: The Western Cape Police Ombudsman

In 2013 the Western Cape legislature passed the Western Cape Community Safety Act (WCCSA) to improve monitoring of and oversight over the police. One creation of the WCCSA is the Western Cape Police Ombudsman, which became operational in 2015. This article reviews its history and context, as well as results from its first year. The Police Ombudsman, the only one in the country, must be seen as one of the results of efforts by the opposition-held province to carve out more powers in the narrowly defined constitutional space, and in so doing to exercise more effective oversight and monitoring of police performance, and improve police–community relations. The Ombudsman must also be seen against the backdrop of poor police–community relations in Cape Town and the subsequent establishment of a provincial commission of inquiry into the problem, a move that was opposed by the national government, contesting its constitutionality. Results from the Ombudsman’s first 18 months in operation are modest, but there are promising signs. Nonetheless, the office is small and it did not do itself any favours by not complying with its legally mandated reporting requirements. By Lukas Muntingh

ACJR Submission on Parole in South Africa

In late May 2018 the Department of Correctional Services in South Africa hosted a roundtable to discuss its “Position paper: a revised parole system for South Africa”. Submissions were invited prior to the round table and ACJR made a submission critical of the position paper. Key problems identified, amongst others, are: the lack of quantitative data in the position paper making it difficult to formulate policy in the absence of fact; the large number of prisoners serving life imprisonment received scant attention; and that proposed separate legislation to govern parole may not solve problems in the current system.

Expungement of a criminal record: crimes committed by a child

The Child Justice Act since 2008 makes provision for the expungement of criminal records for offences committed by a child. Eligibility for expungement depends on the offence that was committed and certain offences cannot be expunged. This fact sheet describes the requirements and the process.

Developments in Addressing Torture in Mozambique Developments in Addressing Torture in Mozambique

This article assesses developments in the prevention and eradication of torture in Mozambique. Despite several positive efforts and advances made, acts of torture and other cruel, inhuman and degrading treatment and punishment are still perpetrated by members of the security forces, especially police officials, often with impunity. The culture of impunity for such serious offences is a direct threat to human rights and the rule of law in the country and seriously compromises the country’s public integrity. Two issues are of deep concern and require more efforts by the state, namely: a) addressing impunity and ensuring prompt and impartial investigations of all allegations of torture and other ill-treatment, and b) protecting victims and providing the necessary restitution, rehabilitation and compensation. In conclusion we provide recommendations on how to improve the situation. These are: engaging in outreach and advocacy; improving and strengthening the national legislative framework; strengthening institutions; developing mechanisms for the reporting of torture: monitoring and evaluating existing reporting mechanisms; improving conditions of detention; establishing effective oversight over places of detention, and by maintaining records to improve transparency and availability of information. Report by Tina Lorizzo and Vanja Petrovic