Law, Democracy
& Development
Law, Democracy
& Development
JOURNAL OF THE FACULTY OF LAW | UNIVERSITY OF THE WESTERN CAPE | ISSN: 2077-4907JOURNAL OF THE FACULTY OF LAW, UWC | ISSN: 2077-4907
Author/s: The Editors
Author/s: Muntingh, Lukas
In a survey of quantitative data, Lukas Muntingh illustrates that Southern Africa has relatively high imprisonment rates. Further, the South African figures are skewed, showing that almost half of the prison population range from 18 to and 25 years of age. Proportionately more 'coloured' young men are imprisoned than any other segment of the population. The figures also indicate an alarming increase in natural deaths in prison, probably due to HIV/AIDS. Sentence lengths have risen markedly since 1995, with more than a tenfold increase in prisoners serving life sentences. All of the above pose major challenges in the context of prison overcrowding, as warders are less able to pay attention to rehabilitation.
Author/s: Jagwanth, Saras
Saras Jagwanth reviews the functioning of the Office of the Inspecting Judge of Prisons as an instrument of oversight over corrections that is intended to improve the implementation of human rights in prisons. Of particular note is her discussion of the legislative mandate to investigate corruption in prisons accorded to the Judicial Inspectorate but which this office feels should be situated elsewhere. She concludes that the Office has had a significant impact in addressing the lot of prisoners in South Africa.
Author/s: Gallinetti, Jacqui
Jacqui Gallinetti explores the efficacy of the system of Independent Prison Visitors (lPVs) set up by the Office of the Inspecting judge. Drawn from surrounding communities, the IPVs are required to facilitate the resolution of prisoners' complaints. The author notes that, whilst certain areas of concern emerged such as the perception that the IPVs were not sufficiently independent of departmental staff and that prisoners reported dissatisfaction with the outcomes of their complaints, overall the scheme has succeeded in providing civilian oversight in prisons.
Author/s: De Vos, Pierre
Pierre de Vos examines oversight of prisons by the courts. Noting that the Constitution contains generous and explicit provisions elaborating prisoners' rights, he expresses surprise that so few cases have been launched. The study reveals that many cases are settled and that the terms of such settlements are not publicised, so that no precedent is established and no standards are laid down to which the Department can be held. The author also reflects on the myriad practical obstacles in litigating against the Department and lack of respect within the Department for legal processes. Despite this, he concludes that strategic litigation in the sphere of prisoners' rights can be an effective way of ensuring that the most fundamental problems relating to prisoners' constitutional rights are addressed.
Author/s: Fernandez, Lovell
Lovell Fernandez examines the implications for South Africa of ratifying the Optional Protocol to the Convention against Torture, adopted by the United Nations in 2002. Having ratified the Convention in 1998, South Africa is obliged to prohibit torture through legislation. However, the Optional Protocol provides a further important mechanism for combating torture, namely the establishment of National Visiting Mechanisms (NVMs). The NVM must have access to all information on persons deprived of their liberty and must regularly visit places where such people are detained. Existing oversight bodies in South Africa such as the Independent Complaints Directorate and the Human Rights Commission, the author concludes, would not fulfil the requirements arising from ratification as presently constituted. At the time of going to press South Africa had not yet signed the Optional Protocol.
Author/s: Sloth-Nielsen, Julia
Julia Sloth-Nielsen points to challenges in the correctional system that South Africa's new constitutional democracy was faced with, including the deep-rooted militaristic tradition that needed to be replaced and the transformation in staff representativeness. She discusses various aspects of prison building design, including the still controversial privatisation of two newly built prisons and the prospect that the so-called 'New Generation' prisons may cost far more than originally envisaged. Considerable attention is paid to the development of the 2005 White Paper, which aims to change comprehensively the focus of the sector. The article notes the enormity of the challenges in implementing the philosophy of rehabilitation and reintegration as core objectives of corrections.
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Law, Democracy & Development (LDD) is an accredited journal - that is, approved by the Department of Education for the publication of subsidised research output. This means that the articles we publish are subject to stringent quality control. All articles, unless otherwise indicated, are peer-reviewed - that is, anonymously assessed by independent experts. In addition, we also publish reviews, commentaries or other contributions which the editors consider topical or important but which have not been subjected to the formal assessment process - for example, contributions by emerging researchers (such as those in our ALAD section), keynote speeches by leading commentators and the like. These non-refereed items are identified as Forum contributions.
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