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 week’s article, Ropafadzo Maphosa and Thato Gaffane examine the effects of mine closures in the SADC region. The article underscores the negligence of mining companies towards communities and the environment. Based on their 2024 report commissioned by Lawyers for Human Rights and Rosa Luxemburg Stiftung, the authors call for better regional policies, improved legislation, effective environmental management, and greater community involvement to mitigate adverse impacts and ensure sustainable development.

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, Ozioma Nwadike Esq. reflects on the state of the Nigerian electoral system in light of the anti-reform judicial stance exhibited by the Supreme Court. With reference to some of the Court's recent judgments, Nwadike argues that the progressive steps taken by the legislature to reform the system have been undermined by the Court through its reliance on arcane legal formalism. The implication is that little progress has been made in electoral system reforms since 2007.

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.

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.