This oral submission was made at the Portfolio Committee on Justice and Correctional Services held public hearings on the National Prosecuting Authority (NPA) Amendment Bill on 25 October 2023
ACJR Publications
Opinion-editorial by Lukas Muntingh in News24, 23 October 2023 Available HERE
Sub-national law enforcement (when properly organised) supplements the work of national police at a local level by strengthening community-police relations and allowing for the swift response to emergency situations. However, this is only possible if each local law enforcement agency has, amongst others, formal standardised training, independent budgets, and existing effective mechanisms for public complaints, oversight and monitoring. This Fact Sheet provides a situational analysis of sub-national law enforcement in two west African countries, one east African and one southern African country; namely, Ghana, Kenya, Nigeria, and Zambia and highlights some of the challenges present in each context, particularly with regards to enforcement targeted at those working within public spaces.
Public space forms the setting for a number of activities, including the setting for community life and livelihoods of the urban poor, such as street vendors or waste-pickers. There is growing evidence pointing to the problematic way in which public space is governed. In many developing countries, laws and policies, particularly at a local government level, tend to restrict the ability of people to earn a livelihood or perform life-sustaining activities in public spaces. Contravention of local ordinances or by-laws is frequently treated as a criminal offence, compromising informal dwellers and workers’ livelihoods, denying due process protections and often violating their human rights. In this factsheet, we contextualise how laws and policies result in the criminalisation of the poor and consider principles that are fundamental to good policy-making.
After signing the Optional Protocol to UNCAT (OPCAT) in 2006 and ratifying it in March 2019, South Africa designated a National Preventive Mechanism (NPM), with the SA Human Rights Commission (SAHRC) being the coordinating structure. Since ratification in March 2019, it appears that to date, the NPM has not been fully functional and institutional arrangements for visiting places of detention under the banner of the NPM remain unclear. There is also uncertainty as to how the constituent parts of the NPM will fulfil the responsibilities under OPCAT. In view of the above, the members of the Detention Justice Forum (DJF) agreed to assess the operational functionality of the NPM in the respective sectors of the DJF member organisations. This also provided an opportunity to identify issues for clarification on the NPM’s mandate and its relations with other components as well as government departments responsible for places where people are or may be deprived of their liberty. This report provides the findings of the assessment performed amongst members of the Detention Justice Forum (DJF) based off a questionnaire that was developed. This report was prepared by K Petersen & J Mangwanda, December 2022
This presentation was made at a webinar on Sub-national Government and the Criminalisation of Poverty & Status: Defining the problem, 4 April 2023
This presentation was made at a webinar on Sub-national Government and the Criminalisation of Poverty & Status: Defining the problem, 4 April 2023
This presentation was made at a webinar on Sub-national Government and the Criminalisation of Poverty & Status: Defining the problem, 4 April 2023
This report provides an analysis of a survey of Magistrates' perceptions of prosecutors conducted in 2022. Prepared by Michael O’Donovan with Jean Redpath
This presentation was made at a webinar on Magistrates’ Perceptions of Prosecutors: Survey Analysis, 22 February 2023
Having a cabinet member with an exclusive focus on the police has had at least four immediate adverse consequences, argues Lukas Muntingh. He asks if it is time for an evaluation of this role.
A decline in disciplinary actions does not mean that the police are more disciplined than before
This presentation was made at a webinar on The NPA that we want, 17 October 2022.
Much of the media attention given to the National Prosecuting Authority (NPA) is centered on high-level corruption investigations, especially linked to the Zondo Commission’s findings and recommendations. While this is important, it should also be asked what happens at ground-level in our courts where ordinary cases are heard on a daily basis. The question can indeed be asked: What are our expectations of the NPA when having to engage with the criminal justice system as a victim, witness or even an accused? Do we know what we want from the NPA in real and practical terms? In June and July 2022 ACJR commissioned a series of consultation workshops with stakeholders to discuss these questions and develop descriptions of “the NPA that we want”. The consultations yielded valuable observations and insights, demonstrating on the one hand that people generally have a deep understanding of the challenges facing the NPA and, on the other hand, clear understandings of what they expect of the NPA, especially as these relate to the four core values of professionalism, independence, accountability, and credibility.