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Africa, Human Rights Dianah Msipa Africa, Human Rights Dianah Msipa

Gen-Z Demonstrations and Kenya’s Constitutionalism 

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.

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Kenya, Constitutional Law Duncan M Okubasu Kenya, Constitutional Law Duncan M Okubasu

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.

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Public Law, Constitutional Law, South Africa Lee-Anne Germanos Manuel Public Law, Constitutional Law, South Africa Lee-Anne Germanos Manuel

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.

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Southern Africa, Public Law Rebecca Gore Southern Africa, Public Law Rebecca Gore

Carceral Period Poverty in South African Prisons

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.

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Southern Africa, Public Law Marthinus van Staden Southern Africa, Public Law Marthinus van Staden

Land Dispossession and Labour Control

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.

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East Africa, Public Law Mayen Mangok Ruop East Africa, Public Law Mayen Mangok Ruop

Redefining Criminal Defamation Laws in South Sudan: Lessons from Konaté v. Burkina Faso

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.

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Southern Africa, Constitutional Law Praise Adejimi Southern Africa, Constitutional Law Praise Adejimi

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.

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Uganda, Constitutional Law, Political Rights Michael Aboneka Uganda, Constitutional Law, Political Rights Michael Aboneka

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.

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Southern Africa, Constitutional Law Ohene Yaw Ampofo-Anti Southern Africa, Constitutional Law Ohene Yaw Ampofo-Anti

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.

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South Africa, Citizenship laws Vhonani Neluvhalani-Caquece South Africa, Citizenship laws Vhonani Neluvhalani-Caquece

Defining the Content of the Right to Citizenship in South Africa through Ubuntu

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.

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Constitutional Law, Human Rights Christy Chitengu Constitutional Law, Human Rights Christy Chitengu

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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Kenya, Human Rights Joshua Malidzo Nyawa Kenya, Human Rights Joshua Malidzo Nyawa

Enlivening the Paramountcy of the ‘Best Interests of the Child’ Principle: Kenya’s Supreme Court Judgment

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.

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