In this week’s post, African Law Matters features an interview with Professor David Vital on his book, Trust Courts and Social Rights: A Trust-Based Framework for Social Rights Enforcement. The book proposes a compelling framework for the judicial enforcement of socio-economic rights grounded in the concept of political trust. Given its potential value for the enforcement of socio-economic rights on the African continent and its rich engagement with South Africa’s socio-economic rights jurisprudence, this conversation is particularly timely and valuable.

In this week’s post, Caiphas Brewsters Soyapi argues that in its upcoming advisory opinion on climate change, the African Court of Justice should deploy the African principle of ‘Ubuntu’ to create a distinctly African approach to climate justice rooted in notions of equity and solidarity.

Watch ALM's Ropafadzo Maphosa in conversation with the authors of Behind Prison Walls: Unlocking a Safer South Africa, Judge Edwin Cameron, Rebecca Gore, and Sohela Surajpal. Drawing on their firsthand encounters within the carceral system, the authors reflect on how these experiences informed their motivations for writing the book and the critical insights it offers into incarceration, justice, and the urgent need for prison reform.

In this post, Dr. Omotunde Enigbokan explains the importance of creating a detailed legal commentary on the Kampala Convention to help African states and institutions better understand, interpret, and implement its provisions for protecting and assisting internally displaced persons, as well as improving accountability, monitoring, and practical application across the continent.

in this post, Victor Obinna Chukwuma examines the recent designation of Nigeria as a “Country of Particular Concern” by President Trump, particularly how this label may shape the experiences of Nigerian asylum seekers and refugees. While much of the public debate has centered on diplomatic and political implications, the article shifts the focus to the vulnerable individuals whose safety and legal standing may hinge on how this designation is interpreted and applied across international protection systems.

In this post, Dhumbura uses Ian Hoggins’ sexual offense case as a starting point to argue that, in South Africa, despite strong laws such as the Sexual Offenses Act, failures in the National Register for Sex Offenders continue to leave children vulnerable, exposing serious institutional weaknesses that demand urgent reform.

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.

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.

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.

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.

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.

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.

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.

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.

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.