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Private Muscle Outsourcing the Provision of Criminal Justice Services

"This monograph explores the potential of outsourcing the provision of functions and services, traditionally provided by the South African criminal justice system, to both the for-profit and the not-for-profit sector. What follows is an analysis of…

Making Courts Work, A Review of the IJS Court Centre in Port Elizabeth

"This monograph is about one IJS project, the Port Elizabeth Court Centre Project, in which the private sector and the state have worked together in a symbiotic relationship. The Port Elizabeth Court Centre has become a beacon of hope for South Afri…

Justice and Peace in a New Zimbabwe Transitional Justice Options

"Against the backdrop of an international legal and normative framework which may shape justice options, the first part of this paper addresses the question ‘why a truth commission?’We suggest that Zimbabwe’s particular experiences necessitate a nat…

Sentencing in South Africa Public Perception and Judicial Process

"To understand public perception better, and to assess the extent to which sentencing laws satisfy public demands for the tough punishments of criminals, the Institute for Security Studies (ISS) and the Institute for Human Rights and Criminal Justi…

Changing Paradigms in Policing - The Significance of Community Policing for the Governance of Security

"There is much talk within South Africa, as indeed across the world,about the importance of community policing as the appropriate way of policing in the new millenium. What are not always clearly spelt out, are the arguments surrounding the relation…

Bounded Autonomy: What Limits Zimbabweans' Trust in their Courts and Electoral Commission?

This policy paper analyzes public trust in the country's courts and electoral commission. Though intended to act as independent custodians of the Constitution and the electoral process, both the judiciary and the electoral commission are frequently …

South Sudan vs James Dak: A Case of Travesty of Justice

James Dak is a national of South Sudan who sought refugee status in Kenya in 2015 due to the civil war in South Sudan. In 2016, however, the Kenyan government cancelled his visa and returned him to South Sudan where he was charged with treason, am…

Africa's Evolving Continental Court Structures: At the Crossroads?

"Heads of state and government (HOSG) in Africa, through the African Union (AU), have for some time expressed particular concern about two developments in current international criminal justice – the exercise of universal jurisdiction and the work…

The Courts: Lights that Guide our Foreign Affairs

This paper specifically seeks to examine the role that South Africa’s courts might play, and how civil society might use the courts, in ensuring that the country’s foreign policy complies with human rights standards. It does so by reflecting on sev…

The Panel System at the Supreme Court: Merits and Demerits

"The panel system at the Supreme Court means that all the Justices of the Supreme Court do not sit on all cases argued before and decided by the Supreme Court. On each occasion the Chief Justice selects Justices of the Court who should decide the ca…

Ambitious SDG Goal Confronts Challenging Realities: Access to Justice is still Elusive for Many Africans

Access to justice for all citizens has long been recognized as a cornerstone of democracy, good governance, and effective and equitable development. Its centrality has recently been highlighted in the United Nations’ Sustainable Development Goal. Ci…

Supporting the Mandate of the African Court

There is much work to be done on all fronts. The African Court, African Commission, AU, States, civil society, academia, and other stakeholders all have a role to play in ensuring that the African Court has a future in protecting and enforcing human…

L’evolution Juridique de la Cour des Comptes et de Discipline Budgetaire de la Republique du Congo / The Legal Developments of the Court of Auditors and Budgetary Discipline of the Republic of Congo

In the Congo, the government has opted for the coexistence of the Court of Auditors and the Court of Budgetary Discipline, thus combining what remains separate in France. The Court of Auditors is one of the bodies responsible for auditing public fi…

Most Kenyans Seek - and Find - Justice Outside Formal Court system

Kenya’s Constitution calls for a justice system that is accessible, affordable, and comprehensible to ordinary people and that dispenses justice fairly, speedily, and without discrimination, fear, or favour. The Constitution lays down principles to …

Gabonese say President should be Accountable to Courts and Parliament but often Ignores both

Accountability forms a central pillar of democratic governance. While free and fair elections help promote government of, by, and for the people, what happens between election days can be equally important. Respect for the rule of law and other gove…

Most Malawians see Legal Challenge to Election Results as Justified, Courts as Impartial and Trustworthy

As Malawians have endlessly debated, challenged, defended, and protested the results of last May’s presidential election, all eyes and ears have been on the country’s courts. Citizens followed six months of court hearings broadcast live on radio and…

Ghanaians Cite High Cost, Bias, and Long Delays as Barriers to Using Formal Justice System

Ghana’s justice sector was adjudged Africa’s sixth-best in the 2019 Rule of Law Index, dropping from first position in 2018. The country is a signatory to the African Charter on Human and Peoples’ Rights and the Maputo Protocol, both of which oblige…

Empowering Africa's judiciaries: Q&A with South Africa's Chief Justice Mogoeng Mogoeng

For the African Union to succeed in its fight against corruption and bad governance, it needs to support the continent’s judiciaries. Chief Justice of South Africa Mogoeng Mogoeng, who is president of the Conference of Constitutional Jurisdictions o…

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