In this post , Dianah explores the adoption and significance of the African Disability Protocol, which addresses the unique challenges faced by persons with disabilities in Africa. She highlights how the Protocol complements the Convention on the Rights of Persons with Disabilities by incorporating African cultural values, addressing harmful practices, and expanding rights specific to the region. She also underscores the need for universal ratification and effective domestic implementation to ensure the rights and freedoms of persons with disabilities are fully realized across the continent.

In this post, Duncan Okubasa observes the Gen-Z protests in Kenya as a reaction to increased taxes on essential goods and broader discontent with the government. He highlights how the protests exposed significant issues within Kenya’s constitutional framework, including executive dominance over the legislature, disregard for political rights, and co-optation of opposition figures. Finally, he observes that despite these challenges, the protests may inspire progress toward the democratic ideals in Kenya’s 2010 Constitution through increased civic engagement and institutional accountability.

In this post, Arthur van Coller highlights the critical need to focus on preventing genocide rather than merely responding to its aftermath. He explores key indicators that signal the potential onset of genocidal violence, including acts of incitement and hate speech that may escalate tensions. van Coller also highlights the valuable role of the International Criminal Tribunal for Rwanda in establishing legal precedents for recognising and addressing these warning signs.

In this week’s post, Nurina Ally and others offer an overview of the Constitutional Court’s operations, shedding light on aspects of the Court's work that rarely receive attention. Their analysis captures the bigger picture and highlights some of the unique challenges the Court encounters.

In this week’s post Celiwe examines the Sustaining the Wild Coast cases, where South Africa’s courts evaluated the lawfulness of Shell and Impact's seismic exploration rights along the Wild Coast. While the High Court suspended the exploration due to insufficient consultation with affected communities and environmental concerns, the Supreme Court of Appeal overturned the decision, emphasizing foreign investment. The article highlights the legal tension between corporate interests, environmental protection, and marginalized communities’ rights

Lee-Anne Germanos Manuel discusses the significance of The Embrace Project v Minister of Justice and Correctional Service, in which the applicants successfully challenged the constitutionality of certain provisions relating to consent-based sexual offences in the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007 in the High Court of South Africa. The constitutional challenge focused on the element of criminal intent and its effect on consent and now awaits confirmation by the Constitutional Court.

In this post, Art Wynberg and Daniel Robert Erasmus unpack the Democratic Alliance v Hlophe case, where the Court interdicted Dr. Hlophe, an MP for the uMkhonto we Sizwe (MK) Party, from participating in the Judicial Services Commission (JSC) processes. They critique the Court's classification of the National Assembly's designation of Dr. Hlophe to the JSC as Administrative Action (AA) under the Promotion of Administrative Justice Act (PAJA). The post examines the broader implications of this ruling, suggesting it could set a precedent for increased judicial review of parliamentary decisions.

In this post, Rebecca Gore highlights the systemic barriers faced by female inmates in accessing menstrual health management. Drawing on South Africa's prison system, the author discusses how female inmates experience a shortage of sanitary pads, lack of access to tampons, water, private spaces, and limited education on menstruation. Her examination of existing legal and policy frameworks reveals the gap between international standards and the lived realities of incarcerated women in South Africa.

In this post, Marthinus van Staden discusses the intersection of land dispossession and labor control in South Africa’s colonial and apartheid history, as highlighted by the recent case of Izaacs v Government of the Republic of South Africa and Others. This landmark ruling, delivered by the Land Claims Court in October 2023, sheds light on the enduring legacy of racially motivated land theft and its profound impact on indigenous South Africans.

In this post, Mayen Mangok Ruop advocates for the urgent reform of South Sudan’s criminal defamation laws, which are frequently used to suppress journalists and hinder press freedom. Drawing on the African Court on Human and Peoples' Rights’ landmark decision in Konaté v. Burkina Faso, Ruop argues that defamation should be decriminalized and replaced with civil remedies that strike a balance between protecting individual reputations and upholding a free and independent press.

In this post, Praise Adejimi advocates for an amendment to South Africa's right to vote, arguing that it should extend to permanent residents who, despite having a legal status nearly identical to that of citizens, have been unjustly excluded from participating in the electoral process. Adejimi contends that this exclusion undermines the democratic principles enshrined in the Constitution, particularly its commitment to equality and non-discrimination.

This post, authored by the African Law Matters team, pays tribute to the late Prof. Stu Woolman. In the wake of his recent passing, we have been reflecting on the profound impact he had as a scholar, mentor, colleague, and friend.Through this post, we honor his memory and the enduring influence he had on our lives and the broader legal community.

In this article, Lauren Loxton offers a critical analysis of the Judicial Service Commission of South Africa's approach to interviewing and selecting candidates for Constitutional Court appointments, highlighting the risks posed by the absence of adequate judicial expertise needed to handle appeals in intricate and specialized areas of law.

This week's blog post highlights a book feature. We had a conversation with Associate Professors Roxan Laubscher and Martinus van Staden about their recent publication, which explores landmark legal cases in South Africa's constitutional history. The book delves into these cases' effects on the nation's legal and social landscape, offering an in-depth analysis of key court decisions and their broader implications for justice and governance in South Africa.

In this weeks blog post Michael Aboneka discusses the right of Ugandans to recall their Members of Parliament for non-performance or incompetence. The author observes that despite constitutional provisions, this right has never been practically implemented, especially following a 2005 amendment that restricts it. Hence, his argument for constitutional changes to enable the right to recall MPs, promoting greater political participation and accountability.