News

This is the first electronic edition of Article 40. In this edition articles published relate to developments in neurological science and criminal capacity, the 2nd year implementation of the Child Justice Act and a case law analysis based on the automatic review provisions of the Child Justice Act.

The man, a 27-year-old Mozambican taxi driver identified as Mido Macia, in detention of head injuries and internal bleeding, according to an initial post mortem report. The incident was captured on video by bystanders. The video shows the man scuffling with police, who subdue him. He is then bound to the back of the pick-up by his arms before the vehicle drives off in front of scores of witnesses in the east Johannesburg area of Daveyton. Nine policemen have been arrested and charged with murder.

The African Press Organization (APO) reports that state security agents in Mali detained an editor on 7 March 2013 in connection with his newspaper’s publication of an open letter criticizing a financial package awarded to a former coup leader.

The aim of the second set of workshops was to receive feedback from designated expert reviewers, who reviewed completed DIPs. The DIPS has been completed by A5I staff. Participants met on 5-6 February 2013 in Cape Town, South Africa and 20-21 February 2013 in Bujumbura, Burundi.

A new report by Amnesty claims the Cameroon authorities have engaged in unlawful killings and torture as the authorities seek to use the criminal justice system to clamp down on political opponents, human rights defenders, journalists and sexual minorities.

The recent deaths of prisoners at Groenpunt and St Alban’s prisons raise serious concerns about the ability of the Department of Correctional Services to guarantee the safety of prisoners. The Groenpunt death is particularly worrying as officials are implicated in the death of the prisoner.

This third issue of 2012 focusses on the impact of corruption on socio-economic rights within Africa.

Mr Lee was detained at Pollsmoor Maximum Security Prison in pre-trial detention from 1999 to 2004, appearing in court no fewer than 70 times. Mr Lee contracted TB while in prison. The court found there is a legal duty on the responsible authorities to provide adequate health care services as part of the constitutional right of all prisoners to conditions of detention that are consistent with human dignity. The court further found there is a probable chain of causation between the negligent omissions by the responsible authorities and Mr Lee’s infection with TB. The case was remitted to the High Court to determine the amount of damages.