Liberia Publications

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Civil Society Working Group on State Capture: Statement – Response to the Zondo Commission’s Report [24 January 2022]

On the 4th of January 2022, the State Capture Inquiry (the Zondo Commission) submitted to the Presidency and publicly released the first of its three-part report. The report sheds light on the far-reaching facts that lay bare the extent of the rot, corruption and capture that have hollowed out the state’s institutions and coffers. The cost of state capture has been felt most severely by the people of South Africa who bear the brunt of the looting. Contemporary state capture has led to deepening levels of inequality, poverty and unemployment, amongst host of other challenges. It is unconscionable that constitutionally enshrined human rights such as health care, social security, housing and basic education have been compromised because of the actions of corrupt individuals and corporations.

Journal Article: Africa, Prisons and COVID-19 Journal for Human Rights Practice; Volume 12, No 2

Africa’s prisons are a long-standing concern for rights defenders given the prevalence of rights abuses, overcrowding, poor conditions of detention and the extent to which the criminal justice system is used to target the poor. The paper surveys 24 southern and east African countries within the context of COVID-19. Between 5 March and 15 April 2020 COVID-19 had spread to 23 southern and east African countries, except Lesotho. The overwhelming majority of these countries imposed general restrictions on their populations from March 2020 and nearly all restricted visits to prisons to prevent the spread of the coronavirus. The pandemic and government responses demonstrated the importance of reliable and up to date data on the prison population, and any confined population, as it became evident that such information is sorely lacking. The World Health Organization recommended the release of prisoners to ease congestion, a step supported by the UN Subcommittee on Prevention of Torture. However, the lack of data and the particular African context pose some questions about the desirability of such a move. The curtailment of prison visits by external persons also did away with independent oversight even in states parties to the Optional Protocol to the Convention against Torture (OPCAT). In the case of South Africa, prison monitors were not listed in the ensuing legislation as part of essential services and thus were excluded from access to prisons. In the case of Mozambique, it was funding being placed on hold by the donor community that prevented the Human Rights Commission from visiting prisons. The COVID-19 pandemic has highlighted long-standing systemic problems in Africa’s prisons. Yet African states have remained remarkably reluctant to engage in prison reform, despite the fact that poorly managed prisons pose a significant threat to general public health care.

Journal article: Democratic policing: A conceptual framework Journal article: Democratic policing: A conceptual framework

Democratic policing, as opposed to regime policing, must meet at least three requirements: there is democratic accountability of and for the police; the police adhere to the rule of law; and the police behave in a manner that is procedurally fair in service of the public. The article presents a conceptual framework of nine dimensions applicable to different contexts with a view to facilitate policies and practices towards democratic policing. It is argued that the ultimate result being sought is a legitimate police service. If legitimacy is the result, then trust is the outcome preceding it. Legitimacy is dependent on the public’s trust that State power will be used in the public interest. Public trust therefore fulfils an important legitimising function. Levels of trust in the police are driven by the police’s ability and performance record with reference to three outputs: objectivity, empathy and responsivity. The latter three outputs flow from five input variables, namely: knowledge of what works in creating a safer society from a policing perspective; rights-based policing; accountability of the policing (inclusive of transparency); efficiency and effectiveness of resource utilisation; and the police as citizens also entitled to rights and protections. The utility of the conceptual framework lies in providing a coherent and linked-up view to analyse police organisations and support the development of reform proposals.

RESEARCH REPORT: The Prosecution Service and the Provinces RESEARCH REPORT: The Prosecution Service and the Provinces

This paper explores the relationship between the provinces and the NPA by looking at the legal framework as well as a few case studies and examples of cooperation that have emerged. Recommendations are made for a way forward. Report by Lukas Muntingh

Conference Report on Covid-19 and the Decriminalisation of Petty Offences in Africa, 14-15 September 2020

From 14–16 September 2020, the Regional Campaign to Decriminalise Petty Offences in Africa co-hosted with the African Commission on Human and Peoples’ Rights (ACHPR), an online conference to discuss the impact of measures to combat the spread of COVID-19 on poor and marginalised people. The conference brought together over 200 participants, and panelists shared both continent-wide perspectives, as well as country-specific examples from the Central African Republic, Guinea, Kenya, Malawi, Morocco, Nigeria, Sierra Leone, South Africa, Tunisia and Uganda. The conference report is attached here for ease of reference. For more information on the campaign, please go to https://pettyoffences.org/

Folha Informativa 15 (Port.): Policiamento Democrático: Um Quadro Conceptual

Esta folha informativa discute o policiamento democrático como significando: (1) a obediência da Polícia ao Estado de Direito, (2) a responsabilização da Polícia, e (3) a justiça processual por parte da Polícia ao serviço do público. Nove dimensões necessárias ao policiamento democrático são identificadas, sendo que o resultado final pretendido é a confiança pública na Polícia, algo que resulta da sua legitimidade. O quadro conceptual apresentado não se destina apenas a descrever o policiamento democrático, mas também a orientar o planeamento estratégico nas organizações policiais, incluindo a Polícia da República de Moçambique (PRM).

Research Report: Recommendations for reform of the National Prosecuting Authority Research Report: Recommendations for reform of the National Prosecuting Authority

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