Reports & Articles

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.

English Executive Summary: Comparative study and findings on the impact of criminal, security and other exceptional laws and policies in select Francophone and Lusophone countries (Burundi, Côte d’Ivoire & Mozambique)

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.

Résumé Exécutif: Étude Comparative et Conclusions sur L’impact des Lois Penales, Securitaire et Autres Lois et Politiques D’exception Appliquees dans Certains Pays Francophones et Lusophones (Burundi, Côte d’Ivoire & Mozambique)

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.

Sumário Executivo: Estudo Comparativo e Resultados Sobre u Impacto de Legislação Criminal, de Segurança Pública e Outras Leis Excepçionais E Políticas em Países Francofófonos e Lusófonos Seleccionados (Burundi, Costa do Marfim e Moçambique)

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.

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)

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.

POLICY BRIEF: The National Prosecuting Authority Directives for Corporate Alternative Dispute Resolution (CADRe) by Lukas Muntingh and Jean Redpath

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.

Policy Brief: Prosecutorial Independence and the Prosecution of Corruption

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

[Report] An assessment of the National Preventive Mechanism (NPM) in South Africa

After signing the Optional Protocol to UNCAT (OPCAT) in 2006 and ratifying it in March 2019, South Africa designated a National Preventive Mechanism (NPM), with the SA Human Rights Commission (SAHRC) being the coordinating structure. Since ratification in March 2019, it appears that to date, the NPM has not been fully functional and institutional arrangements for visiting places of detention under the banner of the NPM remain unclear. There is also uncertainty as to how the constituent parts of the NPM will fulfil the responsibilities under OPCAT. In view of the above, the members of the Detention Justice Forum (DJF) agreed to assess the operational functionality of the NPM in the respective sectors of the DJF member organisations. This also provided an opportunity to identify issues for clarification on the NPM’s mandate and its relations with other components as well as government departments responsible for places where people are or may be deprived of their liberty. This report provides the findings of the assessment performed amongst members of the Detention Justice Forum (DJF) based off a questionnaire that was developed. This report was prepared by K Petersen & J Mangwanda, December 2022