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Protecting the right to personal liberty in Namibia: Constitutional, delictual and comparative perspectives

This article was published in AHRLJ Volume 14 No 2 2014. Although the recent Supreme Court of Namibia cases of Alexander v Minister of Home Affairs & Others and Gawanas v Government of the Republic of Namibia were not merely decided under the Criminal Procedure Act 1977 (Namibia), but in terms of special statutes, namely, the Extradition Act 11 of 1996 and the Mental Health Act 18 of 1973 respectively, they nonetheless involved the determination by the Court of the individual right to personal liberty in terms of article 7 of the Constitution of Namibia of 1990, thus bringing the Court face to face with balancing the right to personal liberty against the public interest in the enforcement of the law. Alexander could properly be described as consisting of two parts: the trial judge’s treatment of the limitation clause in the Namibian Constitution, which survived on appeal, and the Supreme Court judgment which turned on the problem of granting bail in the circumstances of extradition proceedings. While Gawanas is a classic illustration of bureaucratic negligence, both cases involve the protection of personal liberty of the individual as against legislative interference and infringement by the agents of state. The lesson emerging therefrom is that the protection of personal liberty under the Namibian Constitution extends to persons, to citizens, foreigners within Namibia and to someone with some form of disability. The other lesson emanating from this study is that a person whose right to personal liberty or dignity has been infringed can ventilate that breach by way of judicial review, contesting the legality of the law or under the principles of administrative justice in the Constitution or the law of delict, alleging wrongfulness, fault and damage.

Constitution of the Tunisian Republic (2014)

This document constitutes a non-official translation of the text of the Constitution submitted for adoption, in plenary session of the National Constituent Assembly, on January 26, 2014. This translation is provided by the UNDP Project Supporting the Constitutional Process, the National Assembly and the National Dialogue With the financial contribution of Japan, Belgium, the European Union, Sweden, Norway, Denmark,Switzerland and UNDP.

Newsletter 7: Women in pre-trial detention in DRC; Conditions at Mpimba Prison; Legal assistance for detainees in Angola; Uniforms for remand detainees in South Africa

In this edition of the PPJA Newsletter we look at: * Women in pre-trial detention: Held for their partners' crimes in Democratic Republic of Congo * Conditions at Mpimba Prison in Bujumbura: Failure to separate men and women and overcrowding * Legal Assistance for detainees in Angola: NGO gains access to impoverished detainees * Uniforms for remand detainees in South Africa: Pilot uniforms launched

Kettie Kamwangala v Republic, Malawi Supreme Court of Appeal, Criminal Appeal No.6 of 2013

"In our view there was only one issue before the court. This is namely whether or not to release the appellant on bail. And in keeping with the law the High Court should have asked itself one and only one question namely: whether or not it was in the interests of justice that the appellant continues to be in detention."

Survey of detention visiting mechanisms in Africa

This CSPRI report by Marilize Ackerman covers a range of visiting mechanisms for places of detention in Africa.

30 Days/Dae/Izinsuku November 2013

This edition of 30 Days/Dae/Izinsuku covers news items from June 2012 on governance and corruption, parole and sentencing, unsentenced prisoners, prison conditions, South Africans imprisoned abroad, rehabilitation, as well as prison related news from other African countries.

Survey of Detention Visiting Mechanisms in Africa

People held in places of detention are at risk of suffering violations of human rights because they are usually detained out of sight and their well-being is not prioritised by states. Domestic and international laws prescribe the procedures through which and conditions under which people may be held in detention. The function of detention oversight institutions is to ensure that state institutions comply with these human rights laws and are held accountable for any non-compliance.

ESR Review Vol. 14 No. 3

This issue of the ESR Review coincides with the celebration of Human Rights Day in Africa on 21 October, which commemorates the coming into force of the African Charter on Human and Peoples’ Rights (the African Charter).

30 Days/Dae/Izinsuku September 2013

This edition of 30 Days/Dae/Izinsuku covers news items from June 2012 on governance and corruption, parole and sentencing, unsentenced prisoners, prison conditions, South Africans imprisoned abroad, rehabilitation, as well as prison related news from other African countries.

30 Days/Dae/Izinsuku October 2013

This edition of 30 Days/Dae/Izinsuku covers news items from June 2012 on governance and corruption, parole and sentencing, unsentenced prisoners, prison conditions, South Africans imprisoned abroad, rehabilitation, as well as prison related news from other African countries.

Newsletter 6: Estimating the average duration of pre-trial detention; Criminal procedural provisions unconstitutional in Mozambique; PPJA report on detention oversight

In this edition of the PPJA newsletter: • A back-of-the-envelope method of estimating the average duration of pre-trial detention • An explanation of the implications of sections of criminal procedural law affecting pre-trial detention being found unconstitutional in Mozambique • A preview of a soon-to-be released PPJA report on detention oversight through visiting mechanisms in Africa.

30 Days/Dae/Izinsuku August 2013

This edition of 30 Days covers news items from May 2013, covering prison conditions, sentencing and parole, corruption and governance, rehabilitation, and other African countries.

Understanding impunity in the South African law enforcement agencies

The probability that law enforcement officials will be held accountable for gross rights violations is very low. The reasons for this are discussed in this report. The report argues that there is no single reason for the current situation but rather that a myriad of factors, structural and functional, contribute to a greater or a lesser degree to the current situation. The authors contend that it would be inaccurate and superficial depiction to lay the blame at the door of only one institution, as this would ignore the effect of other factors. Moreover, the problem of rights violations and concomitant impunity is widespread and pervasive, and for this reason it is increasingly unconvincing for government to explain such cases as being the work of "a few rotten apples".

Race, gender and socio-economic status in law enforcement in South Africa - Are there worrying signs?

This paper highlights the need for research into how the law is enforced, who is targeted and the socio-economic consequences of arrest and detention. Information systems in the criminal justice process need to collect data which is meaningful in respect of the transformative ideals of the Constitution.

30 Days/Dae/Izinsuku July 2013

This edition of 30 Days covers news items from July 2013, covering prison conditions, sentencing and parole, rehabilitation, South Africans imprisoned abroad, and other African countries.

ESR Review Volume 14, No. 1, 2013

This first issue of the ESR Review for 2013 focuses on the Millennium Development Goals. As they draw near, recent debate has focused on the post-­2015 agenda.

No Justice for the Poor

This is a Preliminary Study of the Law and Practice Relating to Arrests for Nuisance-Related Offences in Blantyre, Malawi, by the Southern African Litigation Centre and the Centre for Human Rights Education, Advice and Assistance (CHREAA), funded by the Open Society Foundation for Southern Africa and the United Nations Democracy Fund.

Jumping the Queue, Waiting Lists and other Myths: Perceptions and Practice around Housing Demand and Allocation in South Africa Executive Summary

The report analyses perceptions and practice around housing demand and allocation in South Africa, looking at the policies and processes operating at national, provincial and local level. It attempts to unpack some of the complexity and provide recommendations to government departments at all levels.

Jumping the Queue, Waiting Lists and other Myths: Perceptions and Practice around Housing Demand and Allocation in South Africa Report

The report analyses perceptions and practice around housing demand and allocation in South Africa, looking at the policies and processes operating at national, provincial and local level. It attempts to unpack some of the complexity and provide recommendations to government departments at all levels.

30 Days/Dae/Izinsuku June 2013

This edition of 30 Days covers news items from June 2013, covering prison conditions, sentencing and parole, corruption and governance, rehabilitation, and other African countries.