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Children in Prison in South Africa (Civil Society Prison Reform Initiative, 2012)
This report is an update to the situational analysis of children in prison in South Africa prepared by the Community Law Centre in 1997. The Child Justice Act 75 of 2008 (Child Justice Act), promulgated on 1 April 2010, introduced a markedly different child justice regime than that which was previously regulated by the Criminal Procedure Act 51 of 1977 and the common law. This development, along with various others which have emerged since 1997 (e.g. child justice jurisprudence and government’s renewed focus on children in conflict with the law), has changed the way in which South Africa’s courts and correctional system deal with children in conflict with the law. Accordingly, an updated analysis on children in prison became necessary.
Research report on remand detention in South Africa: an overview of the current law and proposals for reform (Civil Society Prison Reform Initiative, 2011)
This research report provides an overview of the necessary research to develop possible solutions for limiting the amount of time remand detainees spend in custody. The report discusses, firstly, the bail provisions in the Criminal Procedure Act with regard to the right to liberty and in the broader constitutional notion of proportionality. Second, case law from regional and international bodies dealing with pre-trial release is explored, and third, detention time limits and automatic bail review proceedings are discussed. Fourth, the conceptual distinction between fair trial rights and liberty interests and the South African courts’ treatment of “undue delay” cases is described. The report concludes with the recommendation that a constitutional challenge, based on the Criminal Procedure Act’s failure to adequately protect the accused’s right to liberty, be brought on behalf of South Africa’s remand detainees. Such a challenge would be based on the right to liberty and argue that without custody time limits and a regular, automatic review of bail decisions, the law in relation to bail, as it currently stands, is unconstitutional.
Correctional Services Act 1998
Civil Society Prison Reform Initiative
The CSPRI, established in 2003, is a research and advocacy project focussing on prisons and places of confinement in the African region, with the aim of furthering constitutional and human rights imperatives within these settings.
Judicial Inspectorate for Correctional Services
The object of the Judicial Inspectorate is to facilitate the inspection of correctional centres in order that the Inspecting Judge may report on the treatment of inmates in correctional centres and on conditions in correctional centres.
Nicro
NICRO was first established in 1910 as the Prisoner’s Aid Association and has a rich history in human rights, prison and criminal justice reform. More than 100 years later, NICRO has changed its name and image, pioneered diversion and non-custodial sentencing in South Africa, helped launch probation services and community services and otherwise made a significant contribution to the welfare of all South Africans.
Promoting Pre-trial Justice in Africa
Promoting Pre-trial Justice in Africa (PPJA) aims to collect and organise information on pre-trial justice in Africa and make this available and accessible to a broad audience of stakeholders in a manner that can inform decision-making and improve practice, thereby promoting pre-trial justice in Africa.
South Africa Human Rights Commission
The South African Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.