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.

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 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, 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.

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.

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.