In this post, Art Wynberg and Daniel Robert Erasmus unpack the Democratic Alliance v Hlophe case, where the Court interdicted Dr. Hlophe, an MP for the uMkhonto we Sizwe (MK) Party, from participating in the Judicial Services Commission (JSC) processes. They critique the Court's classification of the National Assembly's designation of Dr. Hlophe to the JSC as Administrative Action (AA) under the Promotion of Administrative Justice Act (PAJA). The post examines the broader implications of this ruling, suggesting it could set a precedent for increased judicial review of parliamentary decisions.

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.

This post, authored by the African Law Matters team, pays tribute to the late Prof. Stu Woolman. In the wake of his recent passing, we have been reflecting on the profound impact he had as a scholar, mentor, colleague, and friend.Through this post, we honor his memory and the enduring influence he had on our lives and the broader legal community.

In this article, Lauren Loxton offers a critical analysis of the Judicial Service Commission of South Africa's approach to interviewing and selecting candidates for Constitutional Court appointments, highlighting the risks posed by the absence of adequate judicial expertise needed to handle appeals in intricate and specialized areas of law.

This week's blog post highlights a book feature. We had a conversation with Associate Professors Roxan Laubscher and Martinus van Staden about their recent publication, which explores landmark legal cases in South Africa's constitutional history. The book delves into these cases' effects on the nation's legal and social landscape, offering an in-depth analysis of key court decisions and their broader implications for justice and governance in South Africa.

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.

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.