In this post, Meghan Campbell and Ben Warwick explain how gender inequality isn’t just about differences in status or resources—it’s also about time. The duo, observe that women often experience 'time poverty' due to unpaid domestic work, while legal systems tend to overlook how inequality develops gradually. Through case law, the authors show how rigid timelines can prevent women from accessing justice. They argue that more flexible, time-sensitive legal approaches are needed to address these structural inequalities and promote lasting gender equality.

In this post, Martha Bradley and Marko Svičevič explore how President Cyril Ramaphosa’s statement that South Africa’s military presence in the DRC is “not a declaration of war” raises critical questions under international humanitarian law. They further examine the legal implications of classifying an armed conflict as either an international or non-international armed conflict and the legal implications this holds for the parties involved.

Drawing on her publication in CCR XIV, Prof. Fatima Osman examines the South African Constitutional Court's decision to depart from the precedent set in Volks v Robinson, where the court held that unmarried partners who chose not to marry could not claim maintenance under the Maintenance of Surviving Spouses Act (MSSA). In Bwanya, the court declared provisions of the Intestate Succession Act (ISA) and MSSA unconstitutional insofar as they excluded life partners who had undertaken reciprocal duties of support.

Ahead of her upcoming publication in CCR XIV, Dr Rishika Sahgal analyses and critiques two cases decided by the apex courts in India and South Africa in 2022, Janhit Abhiyan and Social Justice Coalition. These cases reveal that even when poverty is recognised as a ground within equality law, several tensions or barriers to achieving substantive equality for the impoverished may arise.

In this blog post, Wandile Brian Zondo argues that the Traditional and Khoi-San Leadership Bill 2024 is constitutionally problematic and continues to threaten informal land rights and rural democracy in South Africa.

Ahead of the 10th session of negotiations of the Intergovernmental Working Group on a legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises, David Bilchitz argues that a scope clause is unnecessary and likely to exacerbate divisions.

In this post, Nicholas Herd examines the Zambian Constitutional Court’s Sangwa judgment, placing it within broader discussions on judicial independence and its importance in upholding the rule of law. Drawing lessons for constitutional democracies, he links the judgment to South Africa, where the judiciary struggles with institutional independence due to reliance on the executive for funding, staffing, and logistical support. This dependency grants the executive significant influence, raising concerns about impartiality and undermining the judiciary's independence.