Fostering constitutional conversations across the African continent.
© UN Women, Joe Saade
Constitutional Conversations with Former Justice Albie Sachs
In the third instalment of our interview with Former Justice Albie Sachs, he shares his reflections on what can be learned from constitutional democracies in Africa.
Explore the 2023 African Law Matters anthology to uncover our standout selections!
From LGBTQ+ rights to electoral matters, read about the pivotal issues shaping the legal discourse on our continent.
2023 YEAR END ANTHOLOGY
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.
MAPUTO PROTOCOL AT 20
In this last post as part of the ‘Maputo at 20’ series, we speak with Hon. Commissioner Ramatoulie Janet Sallah-Njie, the Special Rapporteur on the Rights of Women in Africa, about the future of the Maputo Protocol, it’s potential for advancing women's rights in Africa, and the challenges that need to be addressed for its full realisation.
In spite of the Maputo Protocol's clear prohibition of Violence Against Women (VAW), the ongoing prevalence of violence in Africa has spurred calls for a regional treaty aimed at eradicating such violence. Against this backdrop, Adetokunbo Johnson reflects on the innovation of the Maputo Protocol's explicit VAW prohibition and questions the need for an additional instrument.
Reflecting on the progress made since the inception of the Maputo Protocol, Kerigo Odada interrogates how health financing and resource allocation have affected the realisation of reproductive rights in Africa. The author calls on state parties to bridge the gap between political commitment and legal implementation by directing resources towards bolstering reproductive health initiatives as mandated by the Protocol.
La mise en œuvre du Protocole de Maputo est supervisée par deux institutions des droits de l'homme de l'Union africaine. Dans cet article de blog, Ashwanee Budoo-Scholtz nous guide à travers les étapes entreprises par la Commission africaine et la Cour africaine pour superviser la réalisation du Protocole de Maputo.
The implementation of the Maputo Protocol is overseen by two African Union human rights institutions. In this blog post, Ashwanee Budoo-Scholtz takes us through the steps that have been taken by the African Commission and the African Court as they oversee the realization of the Maputo Protocol.
In this week’s blog post, Matilda Lasseko-Phooko explores the implementation of the Maputo Protocol and sheds light on the role played by women leaders in making this possible.