Mr Lee, was detained at Pollsmoor Maximum Security Prison in pre-trial detention from 1999 to 2004, appearing in court no fewer than 70 times. Mr Lee contracted TB while in prison. The court found there is a legal duty on the responsible authorities to provide adequate health care services as part of the constitutional right of all prisoners to conditions of detention that are consistent with human dignity. The court further found there is a probable chain of causation between the negligent omissions by the responsible authorities and Mr Lee’s infection with TB. The case was remitted to the High Court to determine the amount of damages.
The Community Law Centre has secured a two-year grant from the EU Delegation to South Africa.
National Commission on Human Rights submits worrying report on prisons to Rwandan Parliament.
The report, a collaboration between Amnesty International and the Mozambique Human Rights League, describes how people from poor social groups are particularly at risk of being locked up for months, sometimes years, in overcrowded cells without having committed a crime.
The SARChI Chair in Multi-level Government, Law and Development has been established at the Community Law Centre of the University of the Western Cape, working closely with the Multi-Level Government Initiative. The Chair’s focus is on (a) the functioning and reform of provincial and local government in South Africa; (b) multi-level government as a vehicle for peace-making, state-building and development in Africa; and (c) the place of multi-level government in the economic development policies emerging from the BRICS axis - Brazil, Russia, India, China and South Africa.
On 12 October 2012, CSPRI made a submission to the Commission of Inquiry into allegations of police inefficiency in Khayelitsha and a breakdown in relations between the community and the police in Khayelitsha. This Commission was set up by the Western Cape Premier in August 2012, following allegations from civil society that there was systemic failure by the SAPS in Khayelitsha to prevent, combat and investigate crime, take statements, open cases and apprehend criminals, resulting in a breakdown in relations between the community and the police.
A study by the Cameroon branch of Avocats Sans Frontières (ASF) revealed 60 per cent of prisoners are awaiting trial. reports Africa Review. ASF Cameroon wants authorities to end suspects’ continued serving of “illegal” and “unending” jail terms, which contravene Cameroon and international law.
South African Human Rights Groups, including the Socio-Economic Rights Project, welcome Cabinet’s approval of South Africa’s ratification of the United Nations International Covenant on Economic, Social and Cultural Rights.
Civil society hopes to introduce Guidelines on the Use and Conditions of Police Custody and Pre-Trial Detention in Africa to the 52nd session of the African Commission on Human and Peoples' Rights being held in Yamoussoukro, Cote d'Ivoire from 9 - 22 October 2012. It is hoped the Commission will eventually adopt the guidelines as a resolution of the Commission.
On 8 October 2012 Amnesty International released a report entitled "Shrouded in Secrecy: Illegal Detention and torture by Military Intelligence". The report alleges that dozens of people suspected of "threatening national security" have been held in a network of secret detention facilities run by the military.
CSPRI has prepared submissions to the Portfolio Committee on Correctional Services on the annual reports of the Department of Correctional Services and the Judicial Inspectorate for Correctional Services. The Portfolio Committee on Correctional Services will hear stakeholders on the annual reports of DCS and JICS on Wednesday 10 October at 14h.
This issue features the Social and Economic Rights Fulfilment Index, an interview with the UN Special Rapporteur on Extreme Poverty and Human Rights and updates on two ILO instruments.
