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, 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.

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.

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.

In this post, the ALM team interviewed book editors, Marko Svičevič and Martha M. Bradley to provide an overview of their recent publication which examines one of today's most overlooked conflicts. Through a multidisciplinary lens, the book explores the conflict in Mozambique's Cabo Delgado province, which has claimed thousands of lives and displaced a million people since 2017. It examines the conflict's origins, the responses from regional and international actors, and its broader implications.

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.

In this third installment of our series on democracy, exclusion, and participation, Sophie Smit discusses the judiciary's role in protecting non-citizens' right to administrative action in South Africa, focusing on the termination of the Zimbabwean Exemption Permit (ZEP) by the Department of Home Affairs. She notes that since non-citizens, including ZEP holders, lack the right to vote and thus political representation, they rely on the judiciary to protect their rights. Consequently, the Pretoria High Court found the termination unconstitutional due to a lack of fair process. She emphasizes the importance of the judiciary's duty to uphold constitutional rights for non-citizens while respecting executive decision-making.

In the second installment of our series on democracy, exclusion, and participation, Professor Marthinus discusses the uncertain position of migrant workers in South Africa, who contribute to the economy but are excluded from voting due to their non-citizen status. It explores alternative forms of engagement, like collective action, to protect their rights. Drawing on theoretical and legal frameworks, the article emphasizes the importance of balancing labor law enforcement with immigration enforcement to reduce fears of deportation in undocumented workers when trying to assert their rights. Also, the author observes that ensuring migrant workers can participate in collective actions, such as trade unionism, is crucial for safeguarding their rights and promoting a more inclusive democratic society.

The Southern African Development Community (SADC) is committed to fostering economic development, peace, security, and growth, while also addressing poverty and improving the quality of life for the people of Southern Africa through Regional Integration. To realize these objectives, facilitating the free movement of people throughout the region is essential. Brian Chihera suggests that adopting a regional citizenship model akin to that of the EU could facilitate this. Under such a framework, citizens would enjoy increased access to resources, job opportunities, and social services.

With the upcoming 2024 South African elections on the horizon, this week's post delves into the critical role of elections in holding the executive accountable. Shadi Maganoe examines the stance of South African courts regarding the challenges that emerged within the electoral system during the COVID-19 pandemic.