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: Challenging eviction of informal traders

The Blantyre informal traders are challenging forced eviction from the marketplace by the city council.
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…

Completed Cases

Malawi: Man arrested and convicted for attempting to commit suicide

| Criminal Justice Completed Cases, Equality Rights Completed Cases, Equality Rights Health, Malawi | No Comments
Background Suicide continues to be a global health concern, affecting all continents. During the lockdown period to mitigate the impact of the COVID-19 pandemic between April and September 2020, Malawi…
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…
malawi-flag-wave-large

Malawi: Challenging detention of children in police custody

| Criminal Justice Completed Cases, Criminal Justice Prison Reform, Equality Rights Completed Cases, Malawi | No Comments
Background Detention of children is prohibited under the Malawi Child Care Protection and Justice of 2010. Detention is only allowed in exceptional circumstances. Where a detention order is made against…

Resources

Civic Rights Association & Assembly

SALC submission on Zimbabwe’s 3rd universal periodic review

Zimbabwe is in the midst of an economic crisis, which has only been exacerbated by the effects of the COVID-19 pandemic. Lockdown restrictions have led to a decrease in manufacturing,…
Civic Rights Resources

2019-2021 Biennial report

SALC's biennial report captures activities for March 2019 to February 2021. Read the report here.
Criminal Justice Criminal Law Reform

Joint Stakeholder Submission: Universal Periodic Review of Tanzania

In March 2021, an anonymous human rights defender from Tanzania, SALC and SRI made a joint stakeholders submission for the Tanzania UPR 39th session. Read the submission here.
Criminal Justice

Zambia: Submission on the review of the penal code and criminal procedure code

SALC made submission on the review of the Zambian penal code and criminal procedure code. Read the submission here.