Reports & Articles

New Research Report: Comparative study and findings on the impact of criminal, security and other exceptional laws and policies in select Francophone and Lusophone countries (Burundi, Cote d'Ivoire and Mozambique)

This report highlights the impact of criminal, security and other exceptional laws and policies that are deemed discriminatory, exclusionary, and incompatible with international human rights standards in select Francophone and Lusophone African countries, notably, Burundi, Côte d’Ivoire, and Mozambique. The countries were chosen due to their distinct legal traditions, each shaped by different colonial legacies, which adds depth to the comparative analysis. In each country, archaic laws remain embedded within their Penal Codes, many of which have little relevance in today’s context. In addition, newer laws have been introduced and are actively enforced by local and national governments, often with a discriminatory impact particularly on marginalised groups. In addition to examining criminal, security, and exceptional laws, the country reports also explore the historical and political context, constitutional and legislative reforms over the past 25 years, the broader legal framework, relevant regional and international human rights instruments, and the roles of oversight and monitoring bodies.

Report: Options for Reform: Appointing the National Director of Public Prosecutions in South Africa | Dr J Redpath Report: Options for Reform: Appointing the National Director of Public Prosecutions in South Africa | Dr J Redpath

The National Director of Public Prosecutions (NDPP), as leader of the National Prosecuting Authority (NPA), must ensure that the NPA holds to account those involved in corruption and criminality, both inside and outside of government. Accountability is fundamental to the rule of law, a founding value in the Constitution. This Policy Paper looks at the requirements and process for the appointment of the NDPP, and proposes key reforms to the NPA legislation.

Brief on the National Prosecuting Authority’s Office for Ethics and Accountability | by Lukas Muntingh (2025) Brief on the National Prosecuting Authority’s Office for Ethics and Accountability | by Lukas Muntingh (2025)

The National Prosecuting Authority’s (NPA) Office for Ethics and Accountability (OEA), established in 2023, is a newly created internal mechanism aimed at promoting ethical conduct and accountability among prosecutors in South Africa. Its creation was mandated by the National Prosecuting Authority Act of 1998, but a formal complaints mechanism was only gazetted through regulations in late 2023. The OEA fills a critical gap in the NPA’s accountability framework, especially amid widespread criticism and declining public trust following state capture revelations and systemic inefficiencies in the justice system.

NPA Issue Paper 1: In search of strategy | by Lukas Muntingh NPA Issue Paper 1: In search of strategy | by Lukas Muntingh

This paper problematises the strategy environment of the NPA and raises questions about how strategy is developed, the priorities set and how performance is measured. The overall impression is of a situation where strategy priorities and objectives emanate from different sources, but that the most measurable is what drives performance at operational level and not necessarily the most needed or most important to make the country safer and build trust in the state. The NPA finds itself in a complex strategy environment: various strategy documents not only have different time frames but also emanate from different sources and fundamentally different purposes. Finding harmony and synchronicity in this strategy environment must be difficult for the NPA leadership.

NPA Issue Paper 3: Effectiveness and Efficiency | by Jean Redpath NPA Issue Paper 3: Effectiveness and Efficiency | by Jean Redpath

The question of the effectiveness and efficiency of the NPA is key to the proper functioning of South Africa’s democracy. This is because the NPA is the sole custodian of criminal accountability. Properly measuring effectiveness and efficiency is key to ensuring that the NPA does in fact functioning correctly. The evidence suggests that the way in which effectiveness has been measured has not only failed to do this, but has created perverse incentives which have undermined effectiveness. Effectiveness and efficiency are separate enquires and should be interrogated separately.

NPA Issue Paper 5: Accountability of the NPA | by Jean Redpath NPA Issue Paper 5: Accountability of the NPA | by Jean Redpath

Public accountability is crucial to demonstrating and achieving independence. Accountability through public transparency can achieve the level of prosecutorial independence and accountability required to ensure that the public has confidence in the decisions being made, thus ensuring the trust of public. Various kinds of accountability apply to the NPA: internal accountability, accountability to Parliament, and public accountability. This Issue Paper argues that heightened public accountability, through clarity and transparency of policies and processes, are required to ensure an objective, independent, Constitutional prosecution service, which enjoys public trust.

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