ArticlesMediaAmnesty, Prosecutions and Pardons, Transitional JusticeAlbutt v. Centre for the Study of Violence and Reconciliation and OthersThis case concerns the power of the President to grant pardon under section 84(2)(j) of the Constitution to people who claim that they were convicted of offences which they committed with a political motive. Section 84(2)(j) provides that the President is responsible for "pardoning or reprieving offenders . . .". The question we are asked to decide is whether the… Read More CSVRFebruary 24, 2010
ArticlesMediaPolicingTo Shoot or Not to ShootTake the following scenario. One night a police vehicle patrol arrives at the scene of a hijacking in progress. The owner is still in the vehicle. On seeing the police the driver of the hijacker’s back-up car drives off, leaving one of the hijackers at the scene. The hijacker, gun in hand, flees into thickly wooded veld that is not… Read More CSVRDecember 4, 2009
ArticlesMediaTorture and State ViolencePress Release: South Africa Recognises Only Assault and Grievous Bodily HarmTorture is a criminal offence, prohibited under various international treaties - but not under South African law, which only allows victims to lay charges of assault and grievous body harm. The South African No Torture Consortium (SANToC) is lobbying for change, saying that the current law does not fully cover torture-related trauma or power relations between victims and perpetrators. Although… Read More CSVRNovember 27, 2009
ArticlesMediaCriminal Justice, InequalitiesLetter to the Editor: Middle-Class Myth Lacks EmpathyThe opening paragraph of your report on the latest crime statistics refers to business robberies, house robberies and car hijackings stating that these are the crimes that ‘South Africans fear the most’, a statement also reflected in the articles headline. (‘Most feared crimes show steep rise’, 23 September 2009) If we accept for the sake of argument the reliability of… Read More CSVRSeptember 28, 2009
ArticlesMediaMigrants and Xenophobia, Transitional JusticeExclude Migrants from Transitional Justice Processes at Your Own RiskIn recent years, a number of African states – especially those emerging from conflict and periods of serious human rights violations – have adopted or proposed various mechanisms to deal with the past. Rwanda, Burundi, Togo, Sierra Leone, Liberia, Sudan, Uganda, Kenya, and Zimbabwe are some of the countries in Africa that have increasingly come under the spotlight in this… Read More CSVRJune 30, 2009
ArticlesMediaAmnesty, Prosecutions and Pardons, Transitional JusticeCourt Clears Way for Prosecution of Cases from Apartheid Era in South AfricaA court decision today confirming the obligation of prosecutors in South Africa to investigate cases from the apartheid era, especially those involving persons who have been denied amnesty, will help guarantee justice for victims, the International Center for Transitional Justice said. “The ruling upholds a key democratic principle that when there is sufficient evidence to prosecute, prosecutors should act,” said… Read More CSVRMay 5, 2009
