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
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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…
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…
Completed Cases
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…
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…
Published on Africa.com on 22 January 2021 On 4 December 2020, the African Court on Human and Peoples’ Rights issued an Advisory Opinion which challenges the very notions which underpin…
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…
Resources
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.…
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),…