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Gen-Z Demonstrations and Kenya’sConstitutionalism
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.
Sexual Offences Will Never Be The Same Again
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.
30 Years into Democracy: Let’s Make Some Changes
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.
“Last Words” – A Tribute to Stu Woolman
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.
A Shortage of Justice(s) and Expertise at the Constitutional Court
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.
Book Feature: Landmark Constitutional Cases that Changed South Africa (Roxan Laubscher and Marthinus van Staden)
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.
Uganda's Right to Recall: A Setback for Political Participation.
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.
The White Paper on Immigration : A Disgraceful Regression from the Constitutional Values of Human Dignity, Ubuntu and Equality
In this post, Ohene Yaw Ampofo-Anti offers a detailed critique of the White Paper on Citizenship, Immigration, and Refugee Protection. He draws on various legal precedents and jurisprudence to argue that this controversial policy stands in stark opposition to South Africa's core constitutional values, including human dignity, the philosophy of ubuntu, and racial equality.
Namibian High Court Decriminalises the ‘Crime of Sodomy’ and ‘Unnatural Sexual Offences’: A Beacon of Hope for LGBTQIA+ Rights in Africa?
In this post, Wandile Brian Zondo and Nomfundo Ramalekana discuss a recent judgment by the High Court of Namibia declaring the common law crimes of sodomy and unnatural sexual offences unconstitutional, and sequentially invalid. The authors examine how the High Court interpreted the Constitution of Namibia to reach this conclusion and posit that this decision marks a momentous step towards the full realization of LGBTQI+ rights in Namibia and serves as a beacon of hope for the region.
The Supreme Court and Electoral Integrity: Challenges and Reflections from Nigeria
In this post, Ozioma Nwadike Esq. reflects on the state of the Nigerian electoral system in light of the anti-reform judicial stance exhibited by the Supreme Court. With reference to some of the Court's recent judgments, Nwadike argues that the progressive steps taken by the legislature to reform the system have been undermined by the Court through its reliance on arcane legal formalism. The implication is that little progress has been made in electoral system reforms since 2007.
EC v MK: Another triumph of the rule of law or a Pyrrhic victory for the Judiciary?
In this post, Lauren Loxton provides an analysis of the Constitutional Court's recent judgment in Electoral Commission of South Africa v Umkhonto Wesizwe Political Party (EC v MK). She highlights that while this case reveals the importance of judicial decisiveness in electoral matters, it also sheds light on the strain that persistent legal battles from serial litigants such as Jacob Zuma can place on the judicial system.
The impeachment of Judge Hlophe and Judge Motata: A win for democracy and accountability
In this week’s post, Lindo Hadebe discusses the impeachment cases of two prominent South African judges. He observes that the impeachment signifies a pivotal moment in South Africa’s democracy. Thus, by addressing misconduct within the judiciary, South Africa took a significant step toward reinforcing the principles of democracy, transparency, and the rule of law. Despite the challenges inherent in the impeachment process, marked by prolonged legal battles, the impeachment reaffirmed the state’s commitment to upholding democratic values and preserving public trust in the judiciary’s integrity
The Legal Quandary of Parallel Party Primaries in Nigeria
Ozioma V. Nwadike discusses the dilemma of parallel party primaries in Nigeria and argues that conflicting winners undermine the electoral process’ legitimacy, leading to a lack of trust in the system and elected representatives.
Democratic Backsliding in Senegal: A Legal Analysis of the Postponement of Presidential Elections
This blog post sheds light on President Sall's controversial decision to indefinitely postpone Senegal's presidential elections. Initially slated for February 25, 2024, the elections have been enveloped in uncertainty and concern following this unexpected move.
Nurturing inclusivity: reforming citizenship laws for children born to foreign parents in South Africa
This article examines citizenship complexities in South Africa, centering on individuals born to foreign parents. It offers a critical analysis of s 4(3) of the Citizenship Act, asserting that the current provision, requiring individuals to wait until 18 for citizenship, is deserving of scrutiny. The author proposes a re-evaluation of this legal framework to foster greater inclusivity and equity. It
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We welcome unsolicited submissions covering current legal developments in constitutional law, fundamental rights law, public law, international law and related fields.