Latest resources
Guidelines: Administrative Continuity During Coalition Instability
Developed by the Dullah Omar Institute, in partnership with the Hanns Seidel Foundation and the Western Cape Government, the Guidelines respond to the growing importance of coalition government in South African municipalities. They provide practical guidance to help municipalities maintain sound governance, administrative stability and continuity in service delivery during periods of political change and coalition instability.
Electing Councillors – A Guide to Municipal Elections
Municipal elections combine ward elections with proportional representation. They are governed by the Constitution, the Electoral Act, the Municipal Structures Act, the Municipal Electoral Act, and the Municipal Systems Act. Additional rules are contained in regulations made under these Acts. The result is an electoral system that is sophisticated but also complex. This manual, written by Jaap de Visser and Nico Steytler, explains the system in an accessible manner. It is intended to assist everyone who participates in municipal elections or contributes to their administration. This includes voting officials, government officials, councillors, candidates, political parties, journalists and members of civil society. It also explains the rules governing the filling of vacancies between elections. This manual is an updated version of the 2021 edition.
Statement in response to the activity report of the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa
The Dullah Omar Institute for Constitutional Law, Governance and Human Rights (Dullah Omar Institute) welcomes the opportunity to make a statement in response to the activity report of the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa and commends the African Commission’s ongoing efforts to promote the decriminalisation of poverty and status.
[Policy Brief] The record thus far: The ‘Specialised’ Commercial Crime Courts
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.
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.
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.
Presentation: Reflections on the proposed revised National Policing Standards for Municipal Police Services on Crowd Management during Gatherings and Demonstrations | Abdirahman Gossar
This presentation was made at a webinar on “Not my Riot - SAPS, local government and crowd management", hosted by Africa Criminal Justice Reform and African Policing Civilian Oversight Forum on 1 August 2024
Presentation: Not my Riot - SAPS, local government and crowd management | Jean Redpath
This presentation was made at a webinar on “Not my Riot - SAPS, local government and crowd management", hosted by Africa Criminal Justice Reform and African Policing Civilian Oversight Forum on 1 August 2024
Statement in response to the activity report of the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa: 79th Ordinary Public Session of the African Commission on Human and Peoples’ Rights 14 May to 3 June 2024
Dullah Omar Institute statement on behalf of the Campaign to Decriminalise Poverty and Status in response to the activity report of the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa. This submission focuses on the challenges related to the criminalisation of minor or petty offences at sub-national level. The submission notes that in several African countries, local law enforcement agencies often enforce subnational laws in an arbitrary, discriminatory and violent way which infringes on fundamental human rights. It was further noted that there is a lack of strong and effective internal and external oversight and monitoring mechanisms to regulate the enforcement practices of subnational law enforcement agencies to protect people against human rights abuses. The submission also highlights the existence in several African states of quasi-state and private security agencies or vigilante groups with delegated powers to prevent crime, maintain public order, police the use of public spaces, and in some cases, effect an arrest. The challenge, however, is that the majority of these security agencies are populated by informally trained personnel and enforcement is conducted in a brutal manner and is often characterized by a lack of due process. In general, the submission recommends that the African Commission and the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa should urgently prioritise the role of subnational governments in their work to promote the decriminalisation of petty offences.
Submission by Africa Criminal Justice Reform (ACJR) to the NCOP Select Committee on Security and Justice on the Independent Police Investigative Directorate Bill (B21B – 23)
This submission was made by Africa Criminal Justice Reform (ACJR) to the NCOP Select Committee on Security and Justice on the Independent Police Investigative Directorate Bill (B21B – 23) on 1 February 2024
Submission to the Portfolio Committee on Justice and Correctional Services on the National Prosecuting Authority (NPA) Amendment Bill
This oral submission was made at the Portfolio Committee on Justice and Correctional Services held public hearings on the National Prosecuting Authority (NPA) Amendment Bill on 25 October 2023
Submission by Africa Criminal Justice Reform (ACJR) to the Portfolio Committee on Police on the Independent Police Investigative Directorate Amendment Bill B21 of 2023
This oral submission was made at the Portfolio Committee on Justice and Correctional Services held public hearings on the Independent Police Investigative Directorate (IPID) Amendment Bill [B21-2023] on 25 October 2023
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.
Presentation: Sub-national 'Policing' in South Africa: Command lines, discipline and oversight | by Jean Redpath
This presentation was made at a webinar on "Sub-national Governance, Law Enforcement and Oversight in Five African countries: Ghana, Kenya, Nigeria, South Africa and Zambia" on 30 August 2023
Presentation: Sub-national Law Enforcement in Nigeria and Contemporary Challenges | by Rommy Mom (Lawyers Alert)
This presentation was made at a webinar on "Sub-national Governance, Law Enforcement and Oversight in Five African countries: Ghana, Kenya, Nigeria, South Africa and Zambia" on 30 August 2023
Presentation: Sub-national Governance, Law Enforcement and Oversight in Five African countries: Ghana, Kenya, Nigeria, South Africa and Zambia | by Janelle Mangwanda
This presentation was made at a webinar on "Sub-national Governance, Law Enforcement and Oversight in Five African countries: Ghana, Kenya, Nigeria, South Africa and Zambia" on 30 August 2023
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.
Submission by the Detention Justice Forum to the Portfolio Committee on Justice and Correctional Services on the Correctional Services Amendment Bill B14-2023
The Detention Justice Forum, to which ACJR is a Coordinating member, made a written submission to the Portfolio Committee on Justice and Correctional Services on the Correctional Services Amendment Bill B14-2023 on 14 July 2023.
[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
