Criminal Justice

Challenging the use of the criminal justice system in a manner that targets poor and marginalised persons, wide-scale impunity for abusive policing practices, over-criminalisation and overcrowding in prisosns

Ongoing Cases

Criminal Justice Ongoing Cases

Malawi: Case concerning malnutrition in prisons

Background The Constitution of the Republic of Malawi states in Section 42(1)(b) that “every person who is detained, including every sentenced prisoner, shall have the right to be detained under…
Criminal Justice Ongoing Cases

Malawi: Challenging constitutionality of offence which criminalises poverty

Factual Background One of the enduring legacies of colonialism in Africa is the police practice of arbitrary mass arrests. These so-called ‘sweeping’ or ‘swooping’ exercises are typically conducted by police…
Criminal Justice Ongoing Cases

Malawi: Seeking an effective and humane response to MDR-TB in prisons

Case Citation: Banda & Others v the Attorney General & Others (Constitutional Case No 120 of 2018), Zomba District Registry; Makwiza & Another v the Attorney General & Others (Civil…
Criminal Justice Ongoing Cases

Malawi: Enforcing Prisoners’ Right to Adequate Nutrition

SALC is working with the Centre for Human Rights Education Advice and Assistance (CHREAA) in Malawi to support a case brought by a prisoner, Mr James Gremu, and CHREAA on…

Completed Cases

Malawi flag is depicted on a sports cloth fabric with many folds. Sport team waving banner

Malawi: Ending impunity of police officers for rape

| Criminal Justice Completed Cases, Criminal Justice Police Abuse, Equality Rights Completed Cases, Equality Rights Health, Malawi | No Comments
Background Section 153 of the Constitution of the Republic of Malawi and Section 4 of the Malawi Police Services Act provide that the Malawi Police Services’ mandate is to provide…
malawi-flag-wave-large

Malawi: Bringing accountability for sexual violence by the police

| Criminal Justice Completed Cases, Criminal Justice Police Abuse, Equality Rights Completed Cases, Equality Rights Health, Malawi | No Comments
Background Petty offences are minor offences for which the punishment is prescribed by law to carry a warning, community service, a low-value fine or short term of imprisonment, often for…

Nigeria: Challenge to arbitrary arrest of women during sweeping exercises

| Criminal Justice Completed Cases, Criminal Justice Police Abuse | No Comments
Factual Background At 11pm on 22 February 2017, the Joint Task Force broke down the doors of the homes of the applicants, assaulted them, indecently searched them, took the money…

Zambia: Health Rights of HIV-Positive Prisoners

| Criminal Justice Completed Cases, Criminal Justice Prison Reform, Equality Rights Completed Cases, Equality Rights Health, Zambia | No Comments
SALC is working with the Legal Resources Foundation in Zambia to secure the rights of HIV-positive prisoners to treatment, adequate food and improvements to prison conditions. The applicant inmates alleged…

Resources

Civic Rights Association & Assembly

Toolkit for a community-based emergency fund Experiences from LGBTQI+ communities in Southern Africa

The Out & Proud Partners developed the Toolkit for a community-based emergency fund Experiences from LGBTQI+ communities in Southern Africa under the Out & Proud: LGBTIQ+ Equality and Rights in Southern Africa.…
Civic Rights Association & Assembly

From the Inside Out: Social exclusion linked to sexual orientation, gender identity and expression, and sex characteristics in Eswatini, Malawi and Zimbabwe

The Southern Africa Litigation Centre (SALC), Cooperazione per lo Sviluppo dei Paesi Emergenti (COSPE), Centre for Civil and Political Rights (CCPR), Nyasa Rainbow Alliance (NRA), the Rock of Hope (ROH),…
Botswana

Policy brief: An opportunity for law reform on child marriage in Eswatini

The Southern Africa Litigation Centre through the support of the Hivos SRHR fund published a policy brief focusing on the harmful practice of child marriage and the opportunity for law…
Equality Rights LGBTIQ+

Launch of report on LGBTIQ+ lived experiences in Zambia

On 5 April 2022, TransBantu Zambia (TBZ) in partnership with Southern Africa Litigation Centre (SALC) launched a research report on lived experiences of LGBTIQ+ persons in Zambia entitled “Key issues…