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Africa, Constitutional Law Johannes Socher and Charles M Fombad Africa, Constitutional Law Johannes Socher and Charles M Fombad

Constitutionalisation of Political Parties and the State of Democracy in Sub-Saharan Africa

In this post, Johannes Socher and Prof. Charles M. Fombad, co-editors of the book Constitutionalisation of Political Parties and the State of Democracy in Sub-Saharan Africa, share the key findings and recommendations from the publication, offering insights on how to strengthen constitutional and legal frameworks governing political parties in the region.

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Africa, Climate Change Tracey Kanhanga Africa, Climate Change Tracey Kanhanga

Future African Generations and Intergenerational Climate Justice: Reflections on the ICJ Advisory Opinion

In this week’s post, Dr. Tracey Kanhanga examines how future generations of African descent are likely to be disproportionately affected by climate change, drawing on the International Court of Justice’s Advisory Opinion on climate obligations. She emphasises that the UN General Assembly’s second question to the ICJ—concerning future generations—is particularly relevant to Africa, where most of the world’s population will reside, yet where communities risk remaining trapped in a vicious cycle of vulnerability.

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Africa, Climate Change, ICJ Advisory Opinion Enam K. Antonio Africa, Climate Change, ICJ Advisory Opinion Enam K. Antonio

Navigating Ambition and Equity: What the ICJ’s Climate Advisory Opinion Means for Africa’s NDCs

In this week’s blog, Dr. Enam K. Antonio examines how the International Court of Justice’s Advisory Opinion on climate obligations reshapes Africa’s approach to its 2025 Nationally Determined Contributions (NDCs). She explains that the Court interprets “highest possible ambition” as a binding legal standard, not just a political goal, requiring states to align ambition with their real capacities.

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Africa, Human Rights Lydia Chibwe Africa, Human Rights Lydia Chibwe

The Protocol is Now in Force: What Next for the Rights of Older Persons in Africa

In commemoration of the International Day of Older Persons, Dr. Lydia Chibwe reflects on the landmark entry into force of the Older Persons Protocol, the first legally binding regional instrument protecting the rights of older Africans. While its adoption marks historic progress, she underscores that the real challenge lies in implementation—through domestication, funding, monitoring, and tackling ageism. She further stresses that governments, civil society, and regional bodies must work together to ensure the Protocol moves beyond ratification and meaningfully transforms the lives of millions.

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Southern Africa, Constitutional Law Dunia P. Zongwe Southern Africa, Constitutional Law Dunia P. Zongwe

Thirty-Five Years Later: Why Namibia Must Now Choose Ubuntu’s Soul

In this post, Dunia P. Zongwe reflects on 35 years of Namibia’s Constitution. He looks back at its achievements and challenges, and then turns to the future—imagining a shift from the current liberal Bill of Rights towards a decolonial Bill of Rights and vision of constitutionalism grounded in Ubuntu.

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Africa, Human Rights Amanda Quest Africa, Human Rights Amanda Quest

Spotlighting Female Genital Mutilation: An Insidious Human Rights Crisis

In this post, Amanda Quest examines the failure to eradicate female genital mutilation (FGM) in Africa. In doing so, she highlights the gap between legal and policy frameworks and lived experiences due to patriarchal values in several African countries, which persist despite FGM being outlawed. She argues that community-level interventions coupled with economic empowerment for women and girls are essential to overcome FGM in Africa.

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Africa, ICJ Advisory Opinion, Climate Change Daniel Bradlow Africa, ICJ Advisory Opinion, Climate Change Daniel Bradlow

African debt and climate change: how the ICJ’s Vanuatu ruling could be used for broader justice

In this post, Professor Bradlow examines how the International Court of Justice’s 2025 climate change advisory opinion may influence African sovereign debt negotiations. While debt talks have traditionally centered on economics and contracts, they often neglect environmental and social impacts. The ICJ affirmed states’ duties under customary international law to cooperate and prevent environmental harm. Professor Bradlow highlights how this opens new avenues for African debtors, creditors, and activists to push for climate-conscious debt restructuring, link debt to human rights obligations, and hold financial institutions accountable for environmental and social consequences.

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West Africa, Human Rights Jonah Godswill Ekwere West Africa, Human Rights Jonah Godswill Ekwere

Not Her Justice: When Custom Overrides Women’s Rights in Nigeria

In this post, Jonah Godswill Ekwere highlights the persistent tension between Nigerian customary laws and constitutional rights. He situates this discussion within the broader global struggle of reconciling entrenched cultural practices with modern legal frameworks. Ekwere emphasises the urgent need for stronger enforcement of existing statutes aimed at protecting women, particularly in relation to property rights, where discriminatory customs continue to undermine constitutional protections.

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South Africa, Public Law Marthinus van Staden South Africa, Public Law Marthinus van Staden

When False Accusations of Racism Become Workplace Weapons

In this week’s post, Professor Marius explores a recent Labour Court judgment that exposes troubling gaps in how South African law handles false accusations of racism in the workplace. Drawing on the Solidarity obo K v Western Cape Education Department case, he argues that the court failed to recognise such false accusations as a form of racial discrimination under the Employment Equity Act. He critiques this approach, highlights the real-world consequences of the legal reasoning, and offers five key recommendations to ensure that both genuine racism and its misuse are addressed with equal rigour in the pursuit of workplace equality.

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Africa, Human Rights Lydia Chibwe and Sheryl Kunaka Africa, Human Rights Lydia Chibwe and Sheryl Kunaka

Protecting Women in Conflict: Accelerating Action on the Maputo Protocol’s Commitments to Peace and Security

In this week’s post, Lydia and Sheryl highlight the urgent need to protect women and girls in conflict zones across Africa by accelerating the implementation of the Maputo Protocol’s peace and security commitments. The duo observes that despite strong legal frameworks, gender-based violence remains widespread, accountability is rare, and survivors are left unsupported. Drawing on recent conflicts in Cameroon, Somalia, DRC, Sudan, and more, Lydia and Sheryl reveal the troubling gap between promise and practice—and call on African governments and institutions to take concrete, gender-responsive action to ensure peace processes and post-conflict recovery truly serve the needs of women and girls.

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Southern Africa, Public Law Lawrence Dlamini Southern Africa, Public Law Lawrence Dlamini

Administrative Justice in the Constitutional Court at 30

In this post, Lawrence Dlamini reflects on 30 years of Constitutional Court jurisprudence, with a particular focus on administrative justice. He argues that the Court has worked to ground the right to administrative justice in a more coherent and principled legal framework, as required by the Constitution since the enactment of the Promotion of Administrative Justice Act (PAJA).

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Central Africa, Human Rights Anoussa Salim Central Africa, Human Rights Anoussa Salim

The Impact of Child Labor Legislation in the DRC

In this post, Anoussa Salim examines whether the DRC’s legal and regulatory frameworks on child labour align with humanitarian law standards. She argues that while the DRC has a strong legal framework, poor enforcement, driven by poverty, corruption, and weak oversight, undermines its effectiveness. The post calls for a holistic strategy that includes law enforcement, socioeconomic reform, and greater corporate accountability.

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Africa, Public Law Jake Okechukwu Effoduh & Damilola Awotula Africa, Public Law Jake Okechukwu Effoduh & Damilola Awotula

Integrating AI into Legal Education in Anglophone Sub-Saharan Africa: Sketching a Path Forward for Law Faculties

In this week’s post, Professor Effoduh and Awotula highlight how law faculties across English-speaking sub-Saharan African states have been slow to reform their curricula in response to the rise of artificial intelligence (AI) and emerging technologies. The duo observes that while AI reshapes everything from finance to justice, most legal education remains outdated, failing to equip students for this shifting terrain. They call for urgent, context-aware reforms grounded in African philosophies, including the introduction of compulsory Law and Technology courses.

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South Africa, Public Law Art Wynberg South Africa, Public Law Art Wynberg

Exhausting Internal Remedies in Refugee Law

In this week’s post, Art Wynberg analyses two judgments handed down by the High Court of South Africa in similar cases concerning asylum seekers who sought judicial review after being denied refugee status. The author highlights the contrasting approaches taken by the court in response to the applicants’ decision to bypass the internal appeal process required under section 7(2)(a) of the Promotion of Administrative Justice Act (“PAJA”).

 

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South Africa, Environmental Law Ezile Madlala South Africa, Environmental Law Ezile Madlala

African Communities Call for a Binding Treaty That Ends Corporate Impunity

In this week’s post, Ezile Madlala reports on the 7th Annual Regional Binding Treaty Indaba held in Johannesburg last month. During the event, mining-affected communities, civil society and African state representatives pushed for a binding international treaty on business and human rights, highlighted barriers to participation in treaty negotiations, and stressed the need for African-led solutions.

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