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Criminal Law Reform

Ongoing Cases

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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…
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Criminal Justice

Zimbabwe: Challenge to criminalisation of personal possession of Marijuana

The Southern Africa Litigation Centre is supporting a constitutional challenge to sections 156 and 155 of the Criminal Law Act and sections 3 and 6 of the Dangerous Drugs Act.…
Criminal Justice

Malawi: Challenging the offence of begging

Factual Background Thirteen individuals were arrested and charged under section 180(b) of the Penal Code at different places in Blantyre. They appeared together before the magistrate on 12 April 2017…

Completed Cases

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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…
Criminal Justice

Malawi: Man arrested and convicted for attempting to commit suicide

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…
Criminal Justice

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

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…
Criminal Justice

Lesotho: Challenging mandatory HIV testing of accused persons and the mandatory death sentence of Persons Living With HIV (PLWH)

SALC is supporting the constitutional challenge of Section 30 and 32(a)(vii) of the Sexual offences Act, which provides for mandatory HIV testing of an accused person upon being charged with…

Articles

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Articles

Reform the African criminal justice system, starting with prisons oversight

Mail & Guardian 14 April 2025 By Melusi Simelane & Chikondi Chikozi In a world increasingly defined by impunity and political repression, the erosion of the rights once championed by…
Articles

What’s new in the Prison Bill 2025

Weekend Nation 5 April 2025 Chikondi Chijozi The Prisons Act in Malawi was enacted into law in 1956. When Malawi adopted the 1994 Constitution, which entrenched the Bill of Rights…
Articles

Addressing prison overcrowding

African LII 20 March 2025 By Anneke Meerkotter According to data from the World Prison Brief, there are approximately 398,206 individuals incarcerated in the SADC region. Of the 16 SADC…
Articles

Petty policing practices

African Disability Rights Yearbook Volume 12 Petty policing practices: Enforcement of minor offences against persons with psychosocial disabilities in three East African countries By Anneke Meerkotter Anneke Meerkotter contributed an…

Resources

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Criminal Justice

The ties that bind us

This collection of photos is curated in honour of Desmond Tutu, who continues to inspire our work. Click here to view the English, Portuguese, and French exhibition booklet.
Articles

What’s new in the Prison Bill 2025

Weekend Nation 5 April 2025 Chikondi Chijozi The Prisons Act in Malawi was enacted into law in 1956. When Malawi adopted the 1994 Constitution, which entrenched the Bill of Rights…
Articles

Petty policing practices

African Disability Rights Yearbook Volume 12 Petty policing practices: Enforcement of minor offences against persons with psychosocial disabilities in three East African countries By Anneke Meerkotter Anneke Meerkotter contributed an…
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…