Criminal Justice

SALC’s Criminal Justice work is integrated within its other programmatic areas and focuses on the following objectives:

  • To challenging the constitutionality of minor petty offences through law reform, advocacy and litigation.
  • To improve access to health care services and recognition of the health needs of all prisoners.
  • To improve prison conditions and reduce overcrowding in prisons.
  • To support challenges to the death penalty.
  • To develop jurisprudence on the rights of military detainees.
  • To challenge police arrest practices, including sweeping exercises.

Current cases:

Malawi: Case challenging the constitutionality of the begging and begging with deformities offences.
Malawi: Case challenging the constitutionality of offence criminalising poverty, and police mass arrest practices.
Malawi: Case challenging the constitutionality of the offence of soliciting for an immoral purpose. 
Zambia: Challenging the Mental Disorders Act, including provisions relating to detention.
Nigeria: Challenging police arrest practices.
Nigeria: Challenging police arrest practices.

Completed cases:

Malawi: Case challenging the imprisonment of children.
Zambia: Case challenging prison conditions and provision of adequate food for prisoners with HIV.
Malawi: Case challenging the constitutionality of the offence of being a rogue and vagabond.
Malawi: Challenging refusal to grant bail for terminally ill remandees.
Lesotho: Application for access to healthcare for military detainee.
Malawi: Case challenging unmet palliative care in detention.
Botswana: Challenging the refusal to provide antiretrovirals to foreign prisoners.
Malawi: Challenging sentencing practices which result in the incarceration of children with their caregivers.
Malawi: Discriminatory sentencing of persons with albinism.
Swaziland: Appealing the refusal to grant bail for persons charged under sedition and terrorism laws.
Lesotho: Seeking open arrest for military detainees subjected to torture.
Malawi: Challenging police arrest practices which unlawfully target sex workers.
Lesotho: Challenging police torture.
Malawi: Asserting the right to legal representation.
Malawi: Challenging the use of common nuisance offence.

Publications:

Southern Africa: The impact of the COVID-19 pandemic on sex workers in southern Africa

Advocacy:

 

Submissions: 

Zambia: Submission on the review of the Penal Code and Criminal Procedure Code

10 Mar 2021 Staff Writer
Petty Offences Newsletter: November 2020 to February 2021 Activities...

The quarterly digest of petty offences campaign activities for November 2020 to February 2021 is in three languages, English, Portuguese…

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23 Feb 2021 Anneke Meerkotter
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.

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27 Jan 2021 Anneke Meerkotter
African Court challenges States to rethink the basis of their criminal laws...

Published on Africa.com on 22 January 2021 On 4 December 2020, the African Court on Human and Peoples’ Rights issued…

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27 Jan 2021 Anneke Meerkotter
La Cour africaine met les États au défi de repenser les bases de leur droit p...

Le 4 décembre 2020, la Cour africaine des droits de l’homme et des peuples a émis un avis consultatif remettant…

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25 Jan 2021 Amanda Shivamba
Joint Stakeholder Submission to the UNHRC for the LOIPR to be considered in rela...

The Malawi Centre for Human Rights Education, Advice and Assistance (CHREAA), the Southern Africa Litigation Centre (SALC), Reprieve and Irish…

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21 Jan 2021 Staff Writer
NEWS RELEASE: SALC STATEMENT ON THE ATTACK ON FREEDOM OF EXPRESSION IN ZIMBABWE...

21 January 2021 – SALC is deeply concerned by the arrest and detention of investigative journalist Hopewell Chin’ono and lawyers…

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09 Oct 2020 Staff Writer
Petty Offences Newsletter: Digest of Campaign Activities in September 2020...

In September 2020, the Regional Campaign to Decriminalise Petty Offences hosted a virtual conference entitled Policing Pandemics, Balancing Rights. The…

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27 Aug 2020 Staff Writer
Petty Offences Newsletter: Increased Criminalisation in Response to the COVID-19...

Regional Campaign partners remain deeply concerned about the criminalisation of poverty across our continent. It is critical that the Principles…

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