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.

In this post, Nicholas Maple examines the complexities of refugee reception in Southern Africa. Using Zambia as a case study, he highlights how the historical 1970 Refugee (Control) Act continues to influence contemporary policies, despite the adoption of the more progressive 2017 Refugee Act. Maple emphasises the importance of localised approaches and the need to move away from restrictive encampment policies to integrate refugees into urban spaces and uphold their freedom of movement.

In this article, Nico Steytler discusses the implications of South Africa's 2024 elections, which saw the ANC lose its parliamentary majority for the first time in 30 years and the formation of a Government of National Unity (GNU). Steytler examines whether this shift will strengthen democracy and federalism or deepen existing divisions, as the nation grapples with entrenched inequality and the challenges of collaborative governance.

In this article, Joshua Kyeremateng and Theophilus Edwin Coleman offer five reasons why the circuit court in Ghana should have arrived at a different conclusion on the employment status of gig workers in Justice Noah Adade v. Bolt Ghana Limited and Another.

In this post, Nicholas Herd examines the Supreme Court of Appeal (SCA)'s judgment in SAHRC v Agro Data, where the court unanimously rejected the South African Human Rights Commission's (SAHRC) claim that it possesses the authority to issue binding directives. He also explores the Commission's prospects of success in its appeal to the Constitutional Court, challenging the SCA's decision.

In this post, Bobuin examines the launch of the Africa Facility to Support Inclusive Transitions (AFSIT) by the United Nations Development Programme, aimed at preventing unconstitutional changes of government (UCGs) in Africa and promoting democracy. He highlights the importance of integrating the African Union Transitional Justice Policy (AUTJP) with AFSIT to address the root causes of instability, such as insecurity and governance deficits. He also emphasizes the need for a people-centered approach to foster sustainable development and democratic consolidation across the continent.

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.