Opinion-editorials
Op-ed: New legislation needed to invigorate the National Prosecuting Authority
Opinion-editorial by Jean Redpath in Daily Maverick, 12 November 2024
The legal conundrum at the heart of any probe into Justice Minister Thembi Simelane
Opinion-editorial by Lukas Muntingh and Jean Redpath in Daily Maverick, 11 September 2024
Lesufi’s appointment of 6,000 ‘crime wardens’ is deeply concerning for the rule of law
Opinion-editorial by Jean Redpath in Daily Maverick, 22 July 2024
Revival of correctional services ministry: A new chapter for SA's prison system
Opinion-editorial by Lukas Muntingh in News24, 8 July 2024
ANALYSIS | Jean Redpath: Some votes more equal than others: Voting for National Assembly in 2024
Opinion-editorial by Jean Redpath in News24, 27 May 2024
Despite justice department’s statement, Crime Prevention Wardens still have no policing powers | By Jean Redpath
Gauteng Premier Panyaza Lesufi’s Crime Prevention Wardens still have no policing powers, and if such powers were to be conferred by the minister of justice and commissioner, this would probably be unconstitutional.
The anomaly in crime stats that results in high murder areas getting fewer police officers | By Jean Redpath
A process has finally commenced within SAPS, which, it is hoped, will see places like Nyanga get at least an average share of policing — rather than a lower share.
ANALYSIS | Lukas Muntingh: The end of police oversight as we know it
Opinion-editorial by Lukas Muntingh in News24, 23 October 2023 Available HERE
ANALYSIS: Do we still need a police minister? | By Lukas Muntingh
Having a cabinet member with an exclusive focus on the police has had at least four immediate adverse consequences, argues Lukas Muntingh. He asks if it is time for an evaluation of this role.
ANALYSIS: Murder, discipline and the police | By Lukas Muntingh
A decline in disciplinary actions does not mean that the police are more disciplined than before
What the Zondo Commission did not say about the NPA and its need of wide-ranging reform | By Lukas Muntingh
That the Zondo Commission did not make recommendations for systemic reform of the National Prosecuting Authority is unfortunate and is a lost opportunity. The NPA is in need of reform and this centres on two issues: institutional independence and accountability.
ANALYSIS | Jean Redpath: State capture cases - Convictions with heavy sentences needed, not amnesty
There is ample domestic and international evidence suggesting that the longer a case is delayed, the less likely is a conviction, as memories fade, evidence is lost, people die, and the urgency of the matter fades, writes Jean Redpath.
ANALYSIS : Two Zondo Commission reports are out. What now for the NPA? By Jean Redpath
Given the NPA's track record so far, a drastic departure from the current approach appears to be necessary when dealing with prosecuting those implicated in the Zondo report.
The National Prosecuting Authority is in crisis and is failing in its core business — the prosecution of suspects
The NPA is perhaps one of the most unaccountable institutions of state. While the decision to prosecute is reviewed by a court, the decision not to prosecute is taken in secrecy and it is this decision, not to prosecute, that is perhaps even more important than the decision to prosecute.
The NPA needs more structural independence and accountability before it can say ‘trust us’ | By Dr J Redpath
It should not be necessary for civil society or political parties to take the National Prosecuting Authority’s decisions on review in court — an expensive, cumbersome and slow method of holding the institution to account and ensuring that corrective action is taken.
Time to make a decisive move on the institutional and financial independence of the National Prosecuting Authority | By L Muntingh
The NPA’s reputation has suffered much damage in the past 10 years. There is ample evidence that there exists more than the possibility of interference in its independence and operation, and that this has had adverse consequences for its perceived independence.
Op-ed: Inadequate and violent policing in KwaZulu-Natal: What's behind it?
KwaZulu-Natal has long suffered from inadequate, corrupt and violent policing. Recent events have simply made it more obvious. The problem of policing in the province dates from before the transition to democracy. Policing is a national function - in South Africa is in crisis and in KwaZulu-Natal the crisis is magnified, writes Jean Redpath.
Op-ed: Law enforcement and DUI — how to curb South Africa’s road crash epidemic
The severity of the punishment, if caught, is not a deterrent to committing crime. If consumers of alcohol can be fairly certain that if they get behind the steering wheel of a vehicle that they will be stopped and tested, they will be less likely to do so and make alternative arrangements or postpone their travel.
Op-ed: The 81% matric pass rate of prisoners is nothing to crow about as the number of convicts writing the exam is frightful
The number of prisoners writing matric is so frightfully small that we are left pondering how this is even possible 27 years into democracy. The fewer than 200 prisoners writing matric annually pales in comparison with the 111,000 sentenced prisoners in South Africa – less than half a percent.
Op-ed: When the rich buy indemnity, justice is denied
How much discretion does a prosecutor have to decline to prosecute? Is mediation always a good thing? Is there sometimes an obligation to prosecute? Does compensation for the victim trump societal criminal justice interests? These are vexing questions, especially when attempting to answer them in the abstract. A recent case may help in crystallising some thoughts.
The 81% matric pass rate of prisoners is nothing to crow about as the number of convicts writing the exam is frightful
The number of prisoners writing matric is so frightfully small that we are left pondering how this is even possible 27 years into democracy. The fewer than 200 prisoners writing matric annually pales in comparison with the 111,000 sentenced prisoners in South Africa – less than half a percent.
Op-ed: Number of awaiting-trial prisoners increases under lockdown
At the start of SA’s lockdown, prisoners were released in a bid to reduce transmission of Covid-19 in prisons. The emphasis was on sentenced persons via special parole. Yet our most crowded facilities are remand centres, holding those awaiting trial. In the Western Cape, since April, there has been a worrying increase in remand imprisonment. What is causing this rise?
Number of awaiting-trial prisoners increases under lockdown
At the start of SA’s lockdown, prisoners were released in a bid to reduce transmission of Covid-19 in prisons. The emphasis was on sentenced persons via special parole. Yet our most crowded facilities are remand centres, holding those awaiting trial. In the Western Cape, since April, there has been a worrying increase in remand imprisonment. What is causing this rise?
Op-ed: Prisons, overcrowding and preventing Covid-19 transmission
Over 163,000 people are in correctional facilities in South Africa. Outbreaks of Covid-19 in these prisons can have catastrophic consequences for both prisoners and the public healthcare system.
Op-Ed: Ngcobo is but one example of policing gone wrong
The events of Ngcobo are portrayed as unusual, maybe because few realise that rural former Transkei has a very high murder rate. Yet the South African Police Service allocates relatively few police officials to such areas. Now that SAPS members are among the dead, perhaps SAPS will reconsider.
Decline in convictions could be down to preference for informal mediation | by Jean Redpath
National Prosecuting Authority says there are more resolutions via the alternative dispute resolution mechanism
