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Human Rights, International Law Bryony Fox Human Rights, International Law Bryony Fox

African Union’s new Protocol on statelessness: a beacon of hope for children’s rights

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.

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Constitutional Law Lindo Hadebe Constitutional Law Lindo Hadebe

The impeachment of Judge Hlophe and Judge Motata: A win for democracy and accountability

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

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South Africa, Citizenship laws Vhonani Neluvhalani-Caquece South Africa, Citizenship laws Vhonani Neluvhalani-Caquece

Defining the Content of the Right to Citizenship in South Africa through Ubuntu

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.

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Constitutional Law, Human Rights Christy Chitengu Constitutional Law, Human Rights Christy Chitengu

Nurturing inclusivity: reforming citizenship laws for children born to foreign parents in South Africa

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

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Kenya, Human Rights Joshua Malidzo Nyawa Kenya, Human Rights Joshua Malidzo Nyawa

Enlivening the Paramountcy of the ‘Best Interests of the Child’ Principle: Kenya’s Supreme Court Judgment

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.

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Kenya, Human Rights Tiffany Nzimbi Kenya, Human Rights Tiffany Nzimbi

Children’s Disability Rights: Access to Education for Children with Disabilities in Kenya

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.

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Southern Africa, Constitutional Law Shadi Maganoe Southern Africa, Constitutional Law Shadi Maganoe

Elections as an Accountability Mechanism during Times of Emergency

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.

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West Africa, Constitutional Law Maame Efua Addadzi-Koom West Africa, Constitutional Law Maame Efua Addadzi-Koom

Righting Wrongs: Ghana’s Supreme Court Declares a COVID19-Induced Law Unconstitutional

Earlier this year, Ghana's Supreme Court declared the Imposition of Restrictions Act (IRA) 2020 unconstitutional, merely three years after its enactment. This post takes a closer look at the IRA's prior controversies and highlights the key aspects of the Court's decision that substantiated earlier concerns, ultimately leading to the Act’s repeal.

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Africa, Human Rights Ben Nyabira Africa, Human Rights Ben Nyabira

Undemocratic Democratisation through Coups in Africa?

Africa has witnessed a series of coup d'états in recent years. Ben Nyabira explores potential factors that might be fueling this persistent challenge. Drawing from recent coup events, Nyabira suggests that a major factor is widespread dissatisfaction with electoral democracy, as elections have failed to effectively advance the cause of democracy in certain countries where coups have occurred.

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South Africa, Human Rights, Immigration Laws Felicity Ronna Mthombeni South Africa, Human Rights, Immigration Laws Felicity Ronna Mthombeni

Reflections on the possible implications of using the term ‘illegal foreigner’ or ‘illegal immigrant’ in South Africa’s immigration policies.

It was Sharma Robin who said words can inspire, and words can destroy, choose your words carefully. The power of words within our communities and legal spaces can never be understated. In this article, Felicity critically analyzes the use of the word ‘illegal foreigner’ within the South African legislative framework. She argues that the term holds a criminal undertone that can fuel stigmatisation, discrimination, and ultimately results in the violation of people’s human rights. Felicity advocates for the amendment of the Immigration Act .

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South Africa, Human Rights, Immigration Laws Christine Hobden South Africa, Human Rights, Immigration Laws Christine Hobden

The Zimbabwean Exemption Permit and the Boundaries of Citizenship

In this week’s post, Dr. Hobden tackles an ongoing situation on Zimbabwean Exemption Permits (ZEP). The ZEP is a special permit allocated to undocumented Zimbabwean migrants to legalize their stay in South Africa. In a way, she is persuaded that the ZEP is revelatory of the boundaries of citizenship in South Africa. She argues that the ZEP issue demonstrates SA’s overtly rigid stance towards access to citizenship within the Republic.

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