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.

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, 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 , 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.

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, 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.

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.

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.

This week’s post explores the concept of citizenship within the South African context, drawing upon the principle of Ubuntu. Through an analysis of the legal framework and current significant cases, the author highlights the disconnect between Constitutional ideals and their real-world application, especially concerning the acquisition of citizenship by non-citizens. In light of this, the author proposes a revaluation of citizenship through the lens of Ubuntu, advocating for more flexible and inclusive pathways to citizenship.

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.