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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 prisons.

Ongoing Cases

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Criminal Justice

Malawi: Protecting the rights of refugees

On 29 May 2023, a judicial review application was filed on behalf of refugees and asylum seekers in Malawi, challenging the detention of refugees and asylum seekers including children. The…
Criminal Justice

Malawi: Lilongwe informal traders challenge eviction and confiscation of goods

On 5 June 2023, the High Court of Malawi granted leave for judicial review to challenge the Lilongwe by-laws evicting informal traders from plying their trade on the streets and…
Prison
Criminal Justice

Mozambique: Challenging privileged conditions in prison for the rich

On 24 May 2023, 2000 Mozambican citizens, under the leadership of lawyer and human rights activist, Maria Alice Mabota, filed a petition before the Constitutional Council against section 8(2) of…
Criminal Justice

Kenya: Challenge to offence of attempted suicide

The Southern Africa Litigation Centre is supporting a constitutional petition in Kenya, for   Coalition Action for Preventive Mental Health in Kenya (CAMPHK) as an interested party challenging section 226 of…

Completed Cases

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Malawi: Challenging eviction of Blantyre informal traders

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

Malawi: Man arrested and convicted for attempting to commit suicide

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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: High Court of Malawi reviews harsh sentences imposed on possession of Indian hemp

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Background On 15 June 2022, a 17-year-old boy was allegedly found in possession of 78 plastic bags (weighing about 134 kilograms) of Indian hemp at his home. He was subsequently…
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Malawi: Ending impunity of police officers for rape

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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…

Articles

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Articles

Mental health: Decriminalising attempted suicide offence

The Nation 10 October 2024 By Violet Kanyimbiri and Vivian Kasunda Today as we commemorate World Mental Health Day, we reflect on the offence of attempted suicide and its impact…
Criminal Justice News

MALAWI GOVERNMENT COMPLIES WITH THE HIGH COURT ORDERS ON DETENTION OF MIGRANTS

On 2 September 2024, the Regional Immigration Officer in Mzuzu reported back to the High Court on the progress made regarding the ruling of the High Court of 29 July…
Criminal Justice Criminal Law Reform

Parliament adopts report to review vagrancy offences in Penal Code

On 4 September 2024, the Parliament of Malawi adopted the report by the legal affairs committee to review vagrancy offences in the Penal Code. This follows a 2017 judgement by…
Articles

Activists welcome court ruling on undocumented immigrants

The Nation 2 August 2024 By Zororai Nkomo Human rights activists have welcomed the High Court ruling that 30 days should be reasonable time envisaged under the Immigration Act within…

Resources

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Angola

Compêndio de jurisprudência sobre direitos humanos

Entre 2014 e 2024, os juízes e a comunidade jurídica que participaram no Fórum Regional Africano de Juízes (ARJF) discutiram vários casos que fizeram avançar os direitos humanos e a…
Botswana

Recueil de jurisprudence sur les droits de l’homme

Entre 2014 et 2024, les juges et la communauté juridique participant au Forum régional annuel des juges africains (FRAJ) ont discuté de diverses affaires qui ont fait progresser les droits…
Botswana

African Regional Judges Forum human rights case law compendium

Between 2014 and 2024, the judges and legal community attending the annual African Regional Judges’ Forum (ARJF) have discussed various cases that have advanced human rights and equity across the…
Criminal Justice News

The Rivonia statement

Friday, 28 October 2022; A large, multi-sectoral group of stakeholders from across Africa met in Johannesburg near Liliesleaf Farm, Rivonia, to consider urgent action to address cruel, inhuman, and degrading conditions…