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 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.

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.

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.

In a recent judgment, the High Court of Kenya ruled that the President had exceeded his authority by not following the required procedures when he appointed 50 Chief Administrative Secretaries (CAS). Joshua Nyawa delves into the implications of this ruling and argues for a shift from symbolic constitutionalism to real constitutionalism in Kenya.

In “Constitutionalism and the Economy in Africa”, the relationship between constitutionalism and economic growth in Africa is examined with reference to how constitutional reforms in the 1990s and beyond have reflected the shift towards a market economy. Through these inquiries, the book aims to deepen our understanding of how constitutional frameworks interact with economic growth in Africa. ALM caught up with editors, Prof Charles Fombad and Prof Nico Steytler to ask them more about this book.

For a number of years it has been observed that South Africa needs more people to study at vocational schools, including Technical and Vocational Education and Training (TVET) colleges. There has also been a steady increase in the number of learners qualifying for university admission, yet universities are unable to house them all. Thandeka Nokwanda Khoza argues that there is a need to close the gap in the market by destigmatising vocational training so that more learners apply to and attend TVET colleges.

In the second of a two-part series focused on the contested presidential election in Nigeria, Ugochukwu Ezeh argues that the timeous judicial determination of electoral disputes is crucial to ensuring that leaders possess credible and legitimate democratic mandates.

In the first of a two-part series of blog posts focused on the contested presidential election in Nigeria, Ugochukwu Ezeh considers the existing electoral dispute resolution system and argues that it leaves much to be desired.

In this article Adv. Quentin du Plessis analyzes how the South African Constitutional Court handled the Competition Commission of South Africa v Mediclinic case. The matter was an application for leave to appeal against the judgment and order of the Competition Appeal Court (CAC). In that regard, the Constitutional Court had to answer whether the CAC was in law, correct in interfering as it did with the findings of and remedy given by the Competition Tribunal to prohibit a merger in the private healthcare services sector.

Following his retirement from the Constitutional Court, Justice Sachs penned an award-winning book detailing his experiences on the Bench. In Episode 2 of our interview, he explains the inspiration behind this thought-provoking read and what he hopes readers will take from it.

In 2024, South Sudan will hold elections for the very first time since attaining independence in 2011. Dr. Joseph Geng Akech and Cedonia Victor Legge discuss the challenges of inclusivity in the upcoming elections, amidst various crises such as economic collapse, political instability, and a catastrophic humanitarian situation. The article emphasises the importance of ensuring ethnic and gender inclusivity for legitimate outcomes of the elections.