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 spaces including vulnerable groups such as women depend on it for survival. Women make up the majority of workers in the informal economy in Africa. Work in the informal economy includes traders who sell food, fresh produce (fruits and vegetables) and other small products and items, hawkers, head porters in markets (kayeyei), the collectors of waste products (reclaimers), and the operation of small businesses, such as barbershops and hair salons. This factsheet focuses on 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 This factsheet is the first in a three-part series of factsheets on the plight of women working in public spaces. The other two factsheets focus on the plight of women working in public spaces in Ghana and Kenya.
Opinion-editorial by Jean Redpath in Daily Maverick, 12 November 2024
This presentation was made at a webinar on “Not my Riot - SAPS, local government and crowd management", hosted by Africa Criminal Justice Reform and African Policing Civilian Oversight Forum on 1 August 2024
This presentation was made at a webinar on “Not my Riot - SAPS, local government and crowd management", hosted by Africa Criminal Justice Reform and African Policing Civilian Oversight Forum on 1 August 2024
Opinion-editorial by Lukas Muntingh in News24, 8 July 2024
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
Opinion-editorial by Jean Redpath in News24, 27 May 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.
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)
This submission was made by Africa Criminal Justice Reform (ACJR) to the NCOP Select Committee on Security and Justice on the Independent Police Investigative Directorate Bill (B21B – 23) on 1 February 2024
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.
This book will be of value to scholars working in the areas of legal pluralism and postcolonialism and others with interest in criminal justice.
Gauteng Premier Panyaza Lesufi’s Crime Prevention Wardens still have no policing powers, and if such powers were to be conferred by the minister of justice and commissioner, this would probably be unconstitutional.
A process has finally commenced within SAPS, which, it is hoped, will see places like Nyanga get at least an average share of policing — rather than a lower share.
This presentation was made at a webinar on Sub-national governance and the plight of people working in public spaces on 14 November 2023
Fact sheet 29: Sub-national governance and the plight of women working in public spaces in South Africa
