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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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Southern Africa, Public Law Sophie Smit Southern Africa, Public Law Sophie Smit

The Role of the Judiciary in Protecting the Right to Administrative Action for Non‑Citizens

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.

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

Guaranteeing Freedoms through Collective Action: The Role of Collective Action in Protecting Non-Voting Migrant Workers

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.

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East Africa, Human Rights William Aseka East Africa, Human Rights William Aseka

Intellectual Disability Should Not Bar Kenyan Citizens from Casting the Ballot

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.

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