The Gendered Impact of COVID-19 Directives on Access to Criminal Justice in South Africa

by | Mar 25, 2023 | AJCJ, AJCJ 2022

The Gendered Impact of COVID-19 Directives on Access to Criminal Justice in South Africa

Author: Emma Charlene Lubaale

ISSN: 2958-8162
Affiliations: Faculty of Law, Rhodes University
Source: Africa Journal of Crime and Justice 2022, p. 1 – 27
https://doi.org/10.47348/AJCJ/2022/a1

Abstract

Gender-based violence (GBV) knows no boundaries, and no region has been immune to this scourge. In the South African context, GBV had reached pandemic levels long before the COVID-19 virus. With the outbreak of the COVID-19 pandemic and the resultant lockdown measures adopted in response to it, cases of GBV rose steeply. The pandemic also saw major criminal justice players in South Africa, including the South African Police Service, the National Prosecuting Authority, the judiciary, and Correctional Services, adopt directives to regulate criminal justice during the lockdown periods. The directives took the form of general directives, arguably having no implications for women’s right to access to criminal justice. In this article, I examine selected directives by criminal justice players with a focus on those issued by the judiciary. I assess whether these directives could have been gendered, thus negatively impacting women’s access to criminal justice during the COVID-19 pandemic. I conduct this analysis using the concept of intersectionality, which underscores that the social categorisation of an individual, such as gender, race, nationality, and class can sometimes overlap or compound, thus causing disadvantage or discrimination. Based on this analysis, I conclude that some of these directives were gendered and could have exacerbated the challenge of access to justice by survivors of GBV. This conclusion seeks to confirm the view that seemingly gender-neutral directives and regulations may in fact contain gendered elements.

Alternative Dispute Resolution: The Opportunities and Challenges of COVID-19 for the Plea-Bargaining Model in Uganda

by | Mar 25, 2023 | AJCJ, AJCJ 2022

Alternative Dispute Resolution: The Opportunities and Challenges of COVID-19 for the Plea-Bargaining Model in Uganda

Author: Esther Nalungi

ISSN: 2958-8162
Affiliations: Judiciary, Uganda
Source: Africa Journal of Crime and Justice 2022, p. 28 – 54
https://doi.org/10.47348/AJCJ/2022/a2

Abstract

In Uganda, the plea bargaining model has primarily been used as a form of alternative dispute resolution (ADR). Even before the COVID-19 pandemic, prisons across the country grappled with congestion and long pre-trial detentions. The outbreak of COVID-19 augmented these challenges. However, several opportunities, such as the automation of courts through the establishment of an electronic case management information system, online trials, and the reduction of cases without enormous costs, were gained. At the same time, COVID-19 exacerbated the risk of innocent accused entering guilty pleas, especially for offences triable in magistrates’ courts because trials take long. Moreover, Uganda’s criminal justice system is retributive and more concerned with inflicting punishment and suffering on the accused than rehabilitating them. The state is the primary victim of the criminal offence. In contrast, the people harmed by the offence are mere witnesses. Nevertheless, plea bargaining was often conducted in the absence of or without the involvement of the victims of crime. The victims’ rights remained significantly neglected, increasing the lack of trust in the courts. This article examines these issues by discussing plea bargaining as an instance of ADR. The article also explores the opportunities and challenges arising from plea bargaining conducted during the COVID-19 locksdowns by discussing the lived experiences of the accused, victims, and magistrates.

Alternative to Prosecution in Criminal Law: A Case for Plea Agreements in Corporate Crime

by | Mar 25, 2023 | AJCJ, AJCJ 2022

Alternative to Prosecution in Criminal Law: A Case for Plea Agreements in Corporate Crime

Authors: Lillian Akinyi Okumu and Henry K Murigi

ISSN: 2958-8162
Affiliations: Office of Director Public Prosecutions, Kenya; Office of Director Public Prosecutions, Kenya
Source: Africa Journal of Crime and Justice 2022, p. 55 – 77
https://doi.org/10.47348/AJCJ/2022/a3

Abstract

The legal order in Kenya abhors ethereal companies from engaging in serious corporate transactions with government since therein lies the possibility for economic and corporate crime to thrive. Those who commit economic crime and embezzle public funds often attempt to hide behind the legitimate legal fiction of company law. This is part of the reason why corruption is rampant. This article seeks to accentuate the reality of corporate criminal responsibility and to propose a way to ensure that corporates embrace alternative dispute resolution (ADR) to settle criminal cases. The article highlights the schools of thought on the use of ADR in fighting crime and responds to the objections to the use of ADR in resolving corporate crime. This article further suggests that these principles engraved in the criminal-law tradition must be reconsidered with appropriate responses to corporate crime.

The One-Two Punch: Utilising Community Prosecution and Victim-Centred Strategies to Successfully Prosecute Trafficking in Persons in Uganda

by | Mar 25, 2023 | AJCJ, AJCJ 2022

The One-Two Punch: Utilising Community Prosecution and Victim-Centred Strategies to Successfully Prosecute Trafficking in Persons in Uganda

Authors: Christy Salzman and Tyler Dunman

ISSN: 2958-8162
Affiliations: Boston University School of Law; Human Trafficking Institute
Source: Africa Journal of Crime and Justice 2022, p. 78 – 98
https://doi.org/10.47348/AJCJ/2022/a4

Abstract

Since the passage of the Palermo Protocol in 2000, most states have increased their efforts to investigate and prosecute trafficking in persons. According to the annual Department of State Trafficking in Persons Report, Uganda currently ranks as a Tier 2 country, partly due to ongoing difficulties in investigating and prosecuting of trafficking in persons. This article suggests community prosecution in Uganda could improve trafficking in persons prosecutions. Community prosecution is a non-traditional method of prosecution that focuses on preventing crime before it happens. By combining community prosecution methods with other prosecutorial best practices, such as prosecutor-led investigations, multi-disciplinary teams, and a continuum of care, prosecutors in Uganda could better prevent trafficking in persons and serve victims through a trauma-informed approach. This article outlines relevant community prosecution practices, including the advantages and challenges, and then proposes several recommendations for how Ugandan prosecutors could implement community prosecution methods specifically to address trafficking in persons cases.

Victimisation and the Fear of Cybercrime during the COVID-19 Pandemic: Experience of Undergraduate Students in Kenya

by | Mar 25, 2023 | AJCJ, AJCJ 2022

Victimisation and the Fear of Cybercrime during the COVID-19 Pandemic: Experience of Undergraduate Students in Kenya

Authors: Anthony Kahuthia Weru and Peterson Mwai Kariuki

ISSN: 2958-8162
Affiliations: Institute of Criminology, Forensics and Security Studies, Dedan Kimathi University of Technology; Institute of Criminology, Forensics and Security Studies, Dedan Kimathi University of Technology
Source: Africa Journal of Crime and Justice 2022, p. 99 – 125
https://doi.org/10.47348/AJCJ/2022/a5

Abstract

The victimisation model in the context of cyberspace suggests that previous cybercrime victimisation results in fear of cybercrime. Previous researchers have found mixed results in their findings. The current study uses five prevalent cybercrimes in Kenya, namely, impersonation, cyberbullying, online fraud, phishing, and computer virus, to establish the nature of the relationship between victimisation and the fear of cybercrime. A convenient sample of 55 university students pursuing a Bachelor’s degree in criminology at Dedan Kimathi University of Technology was used. Findings indicated that those who have experienced cyberbullying and impersonation and those who spend much time on social media are more fearful of cyberbullying. Moreover, those who have experienced online fraud and those who are less frequent shoppers are more fearful of online fraud, while those who have experienced phishing and those who receive a high number of spam emails are more fearful of hacking when opening links embedded in emails. Finally, those who have experienced computer viruses, as well as those who complete zero downloads per day, are more fearful of computer viruses. High internet usage, experiences of online fraud and phishing attacks and attempts which are positively related to fear of cyberbullying, can be attributed to COVID-19 times when most Kenyans were vulnerable and not working.

The Efficacy of National and International Accountability Mechanisms in Combating the Al-Shabaab in Somalia

by | Mar 25, 2023 | AJCJ, AJCJ 2022

The Efficacy of National and International Accountability Mechanisms in Combating the Al-Shabaab in Somalia

Authors: Kenneth Wyne Mutuma and Benson Waweru Thuo

ISSN: 2958-8162
Affiliations: University of Nairobi, School of Law; Advocate of the High Court of Kenya
Source: Africa Journal of Crime and Justice 2022, p. 126 – 166
https://doi.org/10.47348/AJCJ/2022/a6

Abstract

Decades of power struggles among political rivals have resulted in Somalia being regarded as a ‘failed state’. The absence of a central government has allowed Al-Shabaab to take control of parts of Somalia and commit war crimes as well as crimes against humanity. Despite compelling prima facie evidence of these
crimes, Al-Shabaab has not been held sufficiently accountable, leaving many victims without redress. This is due to the shortcomings of existing national and international accountability mechanisms. Somalia’s judicial branch faces significant capacity challenges that prevent it from adequately investigating and prosecuting war crimes. Countermeasures by religious fundamentalists and excessive reliance on informal dispute-resolution methods further frustrate the justice system’s efforts. Peacekeeping missions by international bodies such as the United Nations Security Council (UNSC) have also been ineffective. In addition, there are growing fears that the group’s reach will grow due to an increase in the revenue that it is able to generate. This article examines the shortcomings of the aforementioned accountability framework and offers solutions to address the gaps to ensure justice for the victims of Al-Shabaab.