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 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.
With South Africa facing a growing burden of non-communicable diseases, public food procurement offers a powerful lever to tackle all forms of malnutrition. This policy brief draws on research into the legal and policy frameworks that shape public food procurement in the country. The key question is no longer whether public food procurement should support broader socio-economic goals, but how to align it effectively with human rights and national development priorities. Strengthening public food procurement for the prevention of non-communicable diseases is not only a constitutional obligation—it is also a strategic opportunity.
The Kenya Legal and Ethical Issues Network (KELIN), the Dullah Omar Institute for Constitutional Law, Governance and Human Rights at the University of the Western Cape (DOI); the African Population and Health Research Center (APHRC), and the Centre for Human Rights (CHR) have developed this analysis in response to the decision of the African Commission on Human and Peoples’ Rights in Community Law Centre and Others (on behalf of the Five Victims) v. Federal Republic of Nigeria (Communication 564 of 2015) [2024].
This submission by the Dullah Omar Institute critiques the proposed National State Enterprises Bill, arguing that its centralised governance model may deepen existing challenges in South Africa's state-owned enterprises (SOEs). While the Bill rightly aims to strengthen operational efficiency and board accountability, it does so by centralising power in the Presidency through a holding company (SAMSOC), without sufficient checks, transparency, or stakeholder participation. The submission highlights the Bill’s lack of clear criteria for due diligence, accountability mechanisms, or transparent board appointment processes. Drawing comparisons with Singapore’s Temasek model, the Institute argues that transplanting such models without regard to South Africa’s constitutional and political context is misguided. The submission stresses that SOE reform must be rooted in the values of section 195 of the Constitution—particularly transparency, accountability, and public participation. It recommends dispersing decision-making powers, introducing objective and transparent criteria for board appointments, and ensuring meaningful stakeholder inclusion. The current draft, it warns, risks reinforcing oligarchic tendencies and undermining democratic oversight, rather than restoring public trust in SOEs.
This presentation was made at a webinar on Prosecutorial independence & prosecuting corruption on 2 December 2024
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
The right to work in public spaces has recently become a highly contested issue; and the reality in most African countries is that those working in public depend on it for survival. Women make up the majority of workers in the informal economy in Africa and include market and street traders selling small items, food and fresh produce, hawkers, reclaimers and those operating small businesses, such as barbershops and hair salons. This fact sheet highlights the challenges of women working in public spaces in South Africa. The focus is five-fold, namely; (1) general observations on their working conditions, (2) knowledge of the law and policy-making process, (3) engagements between public space workers and sub-national authorities, (4) law enforcement and sanctions, (5) recommendations for reform
This Policy Brief describes and analyses the Government of National Unity (GNU), formed in the aftermath of South Africa's elections of 29 May 2024. It sets out the main features of the GNU nationally, and in the three provinces where there was no outright majority. It also assesses the GNU's impact on intergovernmental relations, and reflects on GNUs concluded elsewhere on the continent.
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
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
This submission was made to the Department of Co-operative Governance on the Standard Draft By-laws for Township Economies issued in terms of the Local Government: Municipal Systems Act, 2002 (Act 32 of 2002) on 30 June 2024 | by Prof Lukas Muntingh, Prof Tinashe Chigwata and Janelle Mangwanda
This report presents the findings of a study undertaken by the Multilevel Government Project at the Dullah Omar Institute. The study examined whether municipalities are publishing councillors’ declarations of interest on their respective municipal websites.
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.
A documentation of the seminar titled "A citizen’s perspective on the rule of law: Democracy and elections in South Africa," conducted on 21 February 2024, and organized by the Dullah Omar Institute, in partnership with the Hanns Seidel Foundation South Africa (HSF).
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
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.
This research report is the outcome of a joint research project between the Dullah Omar Institute and the African Centre of Excellence for Access to Justice in Africa (ACE-AJ). This project documented the role, functions, challenges and regulation of paralegals in Burundi, Cote D’Ivoire and Senegal.
This research report is the outcome of a joint research project between the Dullah Omar Institute and the African Centre of Excellence for Access to Justice in Africa (ACE-AJ). This project documented the role, functions, challenges and regulation of paralegals in Burundi, Cote D’Ivoire and Senegal.
This presentation was made at a webinar on Sub-national governance and the plight of people working in public spaces on 14 November 2023
This presentation was made at a webinar on Sub-national governance and the plight of people working in public spaces on 14 November 2023
This presentation was made at a webinar on Sub-national governance and the plight of people working in public spaces on 14 November 2023
In this Policy Brief, we explore two issues, namely (1) what are the options for thresholds at municipal level? and (2) how to ensure that municipal service delivery continues when there is instability?
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
[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")
![Submission by the Dullah Omar Institute to the National Assembly Portfolio Committee on Planning, Monitoring and Evaluation on the National State Enterprises Bill [B1 – 2024]](https://dullahomarinstitute.org.za/acjr/doi-submission-v-6-6-1-2024-a.pdf/@@images/e96335f1-32ac-4b39-a6d0-66b36bf758e3.jpeg "Submission by the Dullah Omar Institute to the National Assembly Portfolio Committee on Planning, Monitoring and Evaluation on the National State Enterprises Bill [B1 – 2024]")
![Projet de rapport de recherche sur le statut juridique des parajuristes communautaires dans certains pays francophones: leçons, défis et bonnes pratiques practices [French version]](https://dullahomarinstitute.org.za/socio-economic-rights/research-and-publications/publications/projet-de-rapport-de-des-parajuristes-2023-digital.pdf/@@images/09c788f2-24e8-4b1d-b645-444137bd91ca.jpeg "Projet de rapport de recherche sur le statut juridique des parajuristes communautaires dans certains pays francophones: leçons, défis et bonnes pratiques practices [French version]")
