This publication, based on publicly available summary data, precedes a comprehensive review of the operation of Commercial Crime Courts and the prosecution of commercial crime, currently being carried out by the Judges Matter Project of the Democratic Governance and Rights Unit (DGRU) at the University of Cape Town, with technical assistance from the Dullah Omar Institute.
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.
This Executive Summary provides a concise overview of the Comparative study and findings on the impact of criminal, security and other exceptional laws and policies in select francophone and lusophone countries.
Ce résumé exécutif fournit un aperçu concis de l’étude comparative et des conclusions sur l’impact des lois et politiques pénales, sécuritaires et autres lois et politiques exceptionnelles dans certains pays francophones et lusophones.
Este Resumo Executivo fornece uma visão geral concisa do estudo comparativo e das descobertas sobre o impacto de leis e políticas criminais, de segurança e outras leis e políticas excepcionais em países francófonos e lusófonos selecionados.
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.
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.
In January 2024 the National Prosecuting Authority (NPA) announced that the German software company SAP would pay restitution of R2.2 billion to South Africa and that the funds would be disbursed to a number of state-owned entities.
This paper argues that the legislation providing for the National Prosecuting Authority (NPA) in South Africa neither encourages independence of the prosecution nor ensures prosecution of corruption. Prepared by Jean Redpath
[Policy Brief] The record thus far: The ‘Specialised’ Commercial Crime Courts
![[Policy Brief] The record thus far: The ‘Specialised’ Commercial Crime Courts](https://dullahomarinstitute.org.za/acjr/acjr-publications/sccu-policy-brief.pdf/@@images/8c52e4f8-9613-4f08-8391-36dc9606eda0.jpeg "[Policy Brief] The record thus far: The ‘Specialised’ Commercial Crime Courts")
