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 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 , 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.

This week’s article addresses the exclusion of individuals with intellectual disabilities from voting in Kenya due to cultural biases, legal conflicts, and insufficiency. William Aseka advocates for legal amendments to reconcile conflicting constitutional articles and the introduction of supported decision-making. This would in turn enable intellectually disabled individuals to exercise their right to vote, aligning Kenya with international standards. He concluded by observing that ensuring voting rights for all, including those with intellectual disabilities, is essential for true democratic representation and inclusivity.

The African Union (AU) has taken a monumental step towards protecting the right to nationality in Africa. At the 37th Ordinary Session of the AU Assembly, the new Protocol to the African Charter on Human and Peoples’ Rights was adopted, addressing the critical issue of statelessness. This historic move fills a crucial gap in the African Charter, ensuring the eradication of statelessness. Byrony Fox explores the significance of this Protocol and its impact on Human Rights in the region.

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

In this week’s post, the author examines the Constitutional Court’s decision in Thubakgale v Ekhurhuleni Metropolitan Municipality and highlights five analytical reasoning defects in the judgment.

The Kenyan Sign Language Bill 2023 was designed to integrate sign language into judicial, educational, and public settings. In this week’s blog post, Ann Haret Chepkemoi reviews essential proposals made in the Bill and discusses how it will break down barriers and empower the deaf community.

In a groundbreaking decision on September 8, 2023, Kenya's Supreme Court overturned rulings from lower courts that prioritised public interest over the "best interests of the child" principle. In this blog post, Joshua Nyawa discusses the significance of this judgement which redefined cases involving children accused of criminal offenses, emphasising the best interest of the child over mere public curiosity.

Education is a fundamental human right and many States have made a commitment to “ensure inclusive and equitable quality education and to promote lifelong learning opportunities for all” (see the Agenda 2030 on Education). Nevertheless, achieving this goal of granting everyone, equal access to a high-quality education regardless of their gender, race, and abilities remains a challenge. In this article, Tiffany examines some of the challenges faced by Kenyan disabled children in accessing education, and how the State has attempted to move its legal machinery to ensure the right is realised.

Africa has witnessed a series of coup d'états in recent years. Ben Nyabira explores potential factors that might be fueling this persistent challenge. Drawing from recent coup events, Nyabira suggests that a major factor is widespread dissatisfaction with electoral democracy, as elections have failed to effectively advance the cause of democracy in certain countries where coups have occurred.

It was Sharma Robin who said words can inspire, and words can destroy, choose your words carefully. The power of words within our communities and legal spaces can never be understated. In this article, Felicity critically analyzes the use of the word ‘illegal foreigner’ within the South African legislative framework. She argues that the term holds a criminal undertone that can fuel stigmatisation, discrimination, and ultimately results in the violation of people’s human rights. Felicity advocates for the amendment of the Immigration Act .

In this week’s post, Dr. Hobden tackles an ongoing situation on Zimbabwean Exemption Permits (ZEP). The ZEP is a special permit allocated to undocumented Zimbabwean migrants to legalize their stay in South Africa. In a way, she is persuaded that the ZEP is revelatory of the boundaries of citizenship in South Africa. She argues that the ZEP issue demonstrates SA’s overtly rigid stance towards access to citizenship within the Republic.