Africa Criminal Justice Reform - ACJR

14/02/2024

𝐅𝐚𝐜𝐭 𝐬𝐡𝐞𝐞𝐭 𝟐𝟖: 𝐒𝐮𝐛-𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐠𝐨𝐯𝐞𝐫𝐧𝐚𝐧𝐜𝐞 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐩𝐥𝐢𝐠𝐡𝐭 𝐨𝐟 𝐩𝐞𝐨𝐩𝐥𝐞 𝐰𝐨𝐫𝐤𝐢𝐧𝐠 𝐢𝐧 𝐩𝐮𝐛𝐥𝐢𝐜 𝐬𝐩𝐚𝐜𝐞𝐬 | 𝐛𝐲 𝐉𝐚𝐧𝐞𝐥𝐥𝐞 𝐌𝐚𝐧𝐠𝐰𝐚𝐧𝐝𝐚 𝐚𝐧𝐝 𝐊𝐫𝐢𝐬𝐭𝐞𝐧 𝐏𝐞𝐭𝐞𝐫𝐬𝐞𝐧

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.

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 descr...

13/02/2024

𝐎𝐩-𝐞𝐝: 𝐃𝐞𝐬𝐩𝐢𝐭𝐞 𝐣𝐮𝐬𝐭𝐢𝐜𝐞 𝐝𝐞𝐩𝐚𝐫𝐭𝐦𝐞𝐧𝐭’𝐬 𝐬𝐭𝐚𝐭𝐞𝐦𝐞𝐧𝐭, 𝐂𝐫𝐢𝐦𝐞 𝐏𝐫𝐞𝐯𝐞𝐧𝐭𝐢𝐨𝐧 𝐖𝐚𝐫𝐝𝐞𝐧𝐬 𝐬𝐭𝐢𝐥𝐥 𝐡𝐚𝐯𝐞 𝐧𝐨 𝐩𝐨𝐥𝐢𝐜𝐢𝐧𝐠 𝐩𝐨𝐰𝐞𝐫𝐬 | 𝐁𝐲 𝐉𝐞𝐚𝐧 𝐑𝐞𝐝𝐩𝐚𝐭𝐡

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.

Opinion-editorial by 𝐉𝐞𝐚𝐧 𝐑𝐞𝐝𝐩𝐚𝐭𝐡 in 𝐃𝐚𝐢𝐥𝐲 𝐌𝐚𝐯𝐞𝐫𝐢𝐜𝐤, 13 December 2023

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.

13/02/2024

𝐅𝐚𝐜𝐭 𝐬𝐡𝐞𝐞𝐭 𝟐𝟕: 𝐒𝐮𝐛-𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐥𝐚𝐰 𝐞𝐧𝐟𝐨𝐫𝐜𝐞𝐦𝐞𝐧𝐭 𝐚𝐧𝐝 𝐨𝐯𝐞𝐫𝐬𝐢𝐠𝐡𝐭 𝐢𝐧 𝐟𝐨𝐮𝐫 𝐀𝐟𝐫𝐢𝐜𝐚𝐧 𝐜𝐨𝐮𝐧𝐭𝐫𝐢𝐞𝐬: 𝐊𝐞𝐧𝐲𝐚, 𝐆𝐡𝐚𝐧𝐚, 𝐍𝐢𝐠𝐞𝐫𝐢𝐚, 𝐚𝐧𝐝 𝐙𝐚𝐦𝐛𝐢𝐚 | 𝐛𝐲 𝐉𝐚𝐧𝐞𝐥𝐥𝐞 𝐌𝐚𝐧𝐠𝐰𝐚𝐧𝐝𝐚

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.

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 ot...

12/02/2024

𝐎𝐩-𝐞𝐝: 𝐓𝐡𝐞 𝐚𝐧𝐨𝐦𝐚𝐥𝐲 𝐢𝐧 𝐜𝐫𝐢𝐦𝐞 𝐬𝐭𝐚𝐭𝐬 𝐭𝐡𝐚𝐭 𝐫𝐞𝐬𝐮𝐥𝐭𝐬 𝐢𝐧 𝐡𝐢𝐠𝐡 𝐦𝐮𝐫𝐝𝐞𝐫 𝐚𝐫𝐞𝐚𝐬 𝐠𝐞𝐭𝐭𝐢𝐧𝐠 𝐟𝐞𝐰𝐞𝐫 𝐩𝐨𝐥𝐢𝐜𝐞 𝐨𝐟𝐟𝐢𝐜𝐞𝐫𝐬 | 𝐁𝐲 𝐉𝐞𝐚𝐧 𝐑𝐞𝐝𝐩𝐚𝐭𝐡

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.

Opinion-editorial by 𝐉𝐞𝐚𝐧 𝐑𝐞𝐝𝐩𝐚𝐭𝐡 in 𝐃𝐚𝐢𝐥𝐲 𝐌𝐚𝐯𝐞𝐫𝐢𝐜𝐤, 22 November 2023

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.

12/02/2024

𝐅𝐚𝐜𝐭 𝐬𝐡𝐞𝐞𝐭 𝟐𝟔: 𝐏𝐮𝐛𝐥𝐢𝐜 𝐒𝐩𝐚𝐜𝐞𝐬 & 𝐈𝐧𝐟𝐨𝐫𝐦𝐚𝐥 𝐖𝐨𝐫𝐤: 𝐏𝐫𝐢𝐧𝐜𝐢𝐩𝐥𝐞𝐬 𝐚𝐧𝐝 𝐀𝐩𝐩𝐫𝐨𝐚𝐜𝐡𝐞𝐬 𝐭𝐨 𝐋𝐚𝐰 & 𝐏𝐨𝐥𝐢𝐜𝐲-𝐌𝐚𝐤𝐢𝐧𝐠 | 𝐛𝐲 𝐊𝐫𝐢𝐬𝐭𝐞𝐧 𝐏𝐞𝐭𝐞𝐫𝐬𝐞𝐧

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.

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, l...

14/11/2023

[Happening Today] Webinar on Sub-national governance and the plight of people working in public spaces
In April 2023 Africa Criminal Justice Reform - ACJR launched a webinar series on sub-national governance and the criminalisation of poverty and status. ACJR, in collaboration with Women in Informal Employment: Globalizing and Organizing - WIEGO and Lawyers For Human Rights hereby cordially invites you to the final component of this series, focusing on the plight of particular marginalised groups (street traders, women, migrants and waste-pickers) working in public spaces. The aim of this webinar is to discuss the challenges they experience; and provide recommendations for improvement to local authorities.
📅 Tuesday, 14 November 2023
⏲ 14:30 pm - 16:00 pm (SAST)
📍 Online (Zoom)
Read more / Register:

The aim of this webinar is to discuss the challenges they experience; and provide recommendations for improvement to local authorities.

09/11/2023

The aim of this webinar is to discuss the challenges they experience; and provide recommendations for improvement to local authorities.

09/11/2023

FILIPE NYUSI QUER CELERIDADE E ACTUAÇÃO INTEGRADA DAS INSTITUIÇÕES DA JUSTIÇA

O Presidente da República desafia as instituições da justiça a actuarem de forma integrada para uma justiça mais célere e acessível aos cidadãos. Filipe Nyusi falava durante uma saudação por ocasião do Dia da Legalidade que se assinalou no último domingo (05 de Novembro).
Na mesma ocasião Nyusi, falou da responsabilidade que as instituições do sistema de justiça têm de assegurar o acesso universal à justiça, através do controlo da legalidade.

Para Mais detalhes confira a notícia no jornal Opaís desta Terça-feira, 07 de Novembro de 2023

05/10/2023

Release of Africa Criminal Justice Reform Fact Sheets on Sub-National Governance and the criminalisation of poverty & status |
October 2023

Dear Colleagues,

Sub-national government refers to the sphere of government below the national. There are typically provinces, states, municipalities, and/or counties, depending on how each State has devolved powers. Sub-national governments manage local affairs on behalf of national governments and are usually delegated general local responsibilities and autonomy and may have their own policy priorities independent of that of the national government. Moreover, sub-national governments may draft and pass their own legislation (e.g., by-laws, municipal laws, and local ordinances) which apply to a particular geographical area. A frequent criticism is that local authorities, in the policy-making process, fail to adequately consult the people who are most likely to be impacted by these laws and policies. The harsh enforcement of local government laws through formal and informal penalisation can also have dire consequences for individuals, particularly poor and marginalised people, and those working within public spaces to earn a livelihood.

In April 2023, Africa Criminal Justice Reform (ACJR) launched a series of webinars on sub-national governance and the criminalisation of poverty and status. The first webinar defined the problem and highlighted continental perspectives and challenges experienced in terms of law, policy and practice, and how they impact on poor and marginalised people, and more specifically, the tendency to criminalise poverty and status. In June 2023, ACJR hosted a second webinar discussion on ‘The Right to Public Spaces and Informal Work: Key Considerations for Law & Policy-Making’ which unpacked the impact of laws and policies on people working within the informal economy and also highlighted key considerations for law and policy-making. In August 2023, a third webinar discussion was hosted on ‘Sub-national Governance, Law Enforcement and Oversight in five African Countries: Ghana, Kenya, Nigeria, South Africa and Zambia’ in which issues relating to sub-national law enforcement were unpacked in each context with a focus on the general absence of a rights based and democratic policing style of training of local law enforcement, as well as concerns regarding the lack of oversight mechanisms for monitoring and accountability.

The Fact Sheets emanating from the June and August 2023 webinars are now available and can be found here:

Fact Sheet 26: The Right to Public Spaces Informal Work: Key Considerations for Law & Policy-Making by Kristen Petersen
https://dullahomarinstitute.org.za/acjr/acjr-publications/acjr-factsheet-01-2023.pdf/view
Fact Sheet 27: Sub-national law enforcement and oversight in four African countries: Kenya, Ghana, Nigeria, and Zambia by Janelle Mangwanda https://dullahomarinstitute.org.za/acjr/acjr-publications/acjr-factsheet-27-sub-national-law-enforcement-jm-final.pdf/view

ACJR wishes to acknowledge the Open Society Foundations and the Sigrid Rausing Trust for making this research possible.

Best regards

21/08/2023

In April 2023 Africa Criminal Justice Reform (ACJR) launched a webinar series on sub-national governance and the criminalisation of poverty and status. ACJR, hereby cordially invites you to the third installment of the above series focusing on ‘Sub-national Governance, Law Enforcement and Oversigh...

14/08/2023

The Detention Justice Forum invites you to the premiere of the documentary "I did not ask for this" and a symposium on rethinking justice. See RSVP details below.
Just Detention International - South Africa The Agenda Network Ford Foundation