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30 Days/Dae/Izinsuku November 2008

This issue has South African media reports on the topics: Governance and Corruption; Unsentenced prisoners; Security & Escapes; Parole & Sentencing; Conditions of Detention; and Media reports from other African countries.

The Changing Face of Life Imprisonment in South Africa.pdf

This article investigates the meaning and use of life imprisonment in South Africa in four major legal historical eras: life imprisonment at the time when the death penalty was still lawful in South Africa (including life imprisonment as early as 1906); life imprisonment in the immediate aftermath of the abolition of the death penalty (1994-1998); life imprisonment following the introduction of the minimum sentences legislation (1998-2007); and life imprisonment after December 2007, when the sentencing jurisdiction of the regional courts was extended to include life imprisonment.

Prisoner Re-Entry in Cape Town – An Exploratory Study

Every month in South Africa approximately 6000 sentenced prisoners are released, some on parole and some on expiry of sentence. After serving their prison sentences it is society’s expectation that they will refrain from committing crime and be productive citizens. They are expected to find employment, rebuild relationships with their families and communities, and cease from engaging in certain activities and avoiding the risks that caused their imprisonment in the first instance. Unfortunately, it is the case that many released prisoners commit further offences and find their way back to prison, some in a remarkably short period of time while others return after several years. This study is concerned with the immediate post-release period and asked a very simple question: “What happens to people immediately after they have been released from prison?” The question is aimed at gaining a deeper and empirical understanding of what prisoner re-entry and reintegration into society mean and what the obstacles are to successful reintegration. When people’s lives have effectively been put on hold for several months or years, how do they pick up the strings where they had left them, if there are indeed strings to pick up?

Preventing and Combating Torture in South Africa : A framework for action under CAT and OPCAT

In 1998 South Africa ratified the UN Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and in 2006 signed the Optional Protocol to CAT (OPCAT). By signing a convention a state expresses, in principle, its intention to become a party to the Convention or Protocol.

An Assessment of the Impact of HIV/AIDS on Correctional System governance with Special Emphasis on Correctional Services Staff

The incidence of HIV/AIDS infection in South African prisons has been extensively documented in recent years. This research has focused variously on the geographic and demographic spread of the disease and on the rights of inmates to prophylactics and to appropriate treatment and care. In contrast, little research has been directed towards the incidence and impact of the pandemic amongst correctional officials. From this research it is evident that whilst the Department of Correctional Services (DCS) has developed a fairly coherent (albeit unevenly implemented) programme for the prevention and treatment of HIV/AIDS amongst inmates, and notwithstanding the recent launch of a “Framework for the Implementation of a Comprehensive HIV and AIDS Programme” it has yet to develop and implement systematic measures to manage the disease amongst its own staff.

ESR Review Volume 9 No 4 - November 2008

This issue focuses on the non-implementation of judicial enforcement of socio-economic rights; increasing the minimum essential amount of water; improving the administration of social assistance services and other issues related to socio-economic rights.

Mali's Criminal Justice System

Report by Dr Annie Barbara Chikwanha for the African Human Security Initiative

The role of sustainable human settlements in the response to the HIV and AIDS epidemic

Municipalities are key institutions in bringing about sustainable human settlements that respond adequately to the challenges and implications of the HIV and AIDS epidemic.

The power to preside over disciplinary appeals

The Constitution provides that “everyone has a right to administrative action that is lawful, reasonable and procedurally fair”. This entitlement extends to municipal employees and must therefore be reflected in municipal labour and administrative practices.

The makings of a metro: Msunduzi, Mangaung and Buffalo City Municipalities join the ranks

The Municipal Demarcation Board (MDB) recently confirmed that Msunduzi, Mangaung and Buffalo City municipalities are to become category A (metropolitan) municipalities, bringing the total number of metropolitan municipalities to nine.

Reviewing the Children's Act: Implications for local government

The Children’s Amendment Act (Act 41 of 2007) was signed into law on 18 March this year. The Act, together with draft regulations recently published for public comment, represents the final step in the arduous, ten-year journey of reviewing the Child Care Act.

Politics of change: Keeping the genie in the bottle

Over the past weeks, the impact of the leadership change in the African National Congress on government has become patently visible. The most important change was obviously manifested in the resignation of the President, three provincial premiers and a number of national Cabinet members, including the Minister for Provincial and Local Government.

Navigating the grey areas: Reflections on the Western Cape powers and functions review process

The powers and functions shared between provincial and local government have traditionally been a source of great confusion and concern for municipalities. Ill-defined powers and functions have often led to duplication, inefficiencies and arguably even deterioration in the delivery of services to communities.

Can a municipality levy taxes retrospectively

Generally, a municipality may only levy taxes (other than property rates) in terms of empowering legislation. The Municipal Fiscal Powers and Functions Act (Act 12 of 2007) outlines a procedure whereby a municipality may apply to the National Treasury for approval to impose new taxes.

Heeding the call for sustainable energy use putting solar energy to work

Energy experts agree that the installation of domestic solar water heaters (SWHs) could significantly reduce the demand for electricity. The figures suggest that a roll-out of SWHs could eliminate the need for one large coal power station (and thus significantly reduce CO2 emissions).

Councillors' individual liability

On 11 June 2008, the Cape High Court handed down a judgment that set an important precedent about councillors’ individual liability for taking or supporting illegal decisions.

Are ward committees working? Insights from six case studies

Ward committees were introduced after the December 2000 municipal elections to supplement the role of elected councillors. As such, they were intended to create a bridge between communities and the political and administrative structures of municipalities. Many observers argue, however, that ward committees are not functioning as intended and that instead of enhancing the environment of participatory governance, these structures have actually undermined it by displacing many other channels for public participation.

30 Days/Dae/Izinsuku October 2008

The October's media reports included: Clive Derby-Lewis' parole application; Increase in TB infection of nurses at Pollsmoor; National Commissioner of Correctional Services shifted to Sports; Correctional Services Minister welcomes new DG; UN Human Rights Commissioner says prison should be reserved for serious criminals; And many more newspaper articles.

UNODC and UNAIDS: Women and HIV in Prison Settings

Women prisoners present specific challenges for correctional authorities despite, or perhaps because of the fact that they constitute a very small proportion of the prison population. This document discusses matters affecting women in prison settings and why women are at risk of HIV in prisons.

30 Days/Dae/Izinsuku September 2008

Media articles focussed on: Whistleblowers at C-Max; Prisons overcrowding affects community - CSPRI; Medical parole discussed; Cell-phones confiscated from awaiting trial prisoners in a maximum security prison; Prisoners' rights activist imprisoned for eight years; Book on human rights in African prisons launched; Download the full 30 Days/ Dae/ Izinsuku below for more newspaper articles from other African countries.

Parliamentary Submission on the Criminal Procedure Amendment Bill (2008)

This submission discusses the South African Criminal Procedure Amendment Bill 42 of 2008, which aimed at allowing audio-visual link-up with the courts and at addressing the expungement of criminal records. The Criminal Procedure Amendment Act was adopted in 2008 (Act 65 of 2008).

Submission by CSPRI to the Portfolio Committee on Correctional Services regarding deaths in prisons and medical parole

The submission analyses statistics on deaths in custody and medical parole releases. An overview of legislative provisions is provided and recommendations are made in order to achieve greater consistency in decision-making.

30 Days/Dae/Izinsuku August 2008

Media reports are on the following topics: Sentencing; Governance And Corruption; Unsentenced Prisoners; Prison Conditions; Parole And Medical Parole; Prison Labour; and prison-related reports in Other African Countries.

CSPRI Newsletter No. 27 - August 2008

This issue focuses on the latest amendments to the Correctional Services Act, which is written by Amanda Dissel (Centre for the Study of Violence and Reconciliation)