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.

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 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.

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.

In this week’s post, Lindo Hadebe discusses the impeachment cases of two prominent South African judges. He observes that the impeachment signifies a pivotal moment in South Africa’s democracy. Thus, by addressing misconduct within the judiciary, South Africa took a significant step toward reinforcing the principles of democracy, transparency, and the rule of law. Despite the challenges inherent in the impeachment process, marked by prolonged legal battles, the impeachment reaffirmed the state’s commitment to upholding democratic values and preserving public trust in the judiciary’s integrity

Ozioma V. Nwadike discusses the dilemma of parallel party primaries in Nigeria and argues that conflicting winners undermine the electoral process’ legitimacy, leading to a lack of trust in the system and elected representatives.

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.

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.

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.