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, 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, 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.

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.

In this post, Ester Stefanelli provides a detailed account of Mozambique's recent elections as well as the events that led to subsequent protests and disputes over the results. She argues that the Mozambican crisis underscores the limitations of formal elections, which can reflect incomplete constitutional transitions and may even hinder the process of democratic consolidation.

The African Law Matters blog is pleased to announce that our 2024 Year End Anthology is now available online. This showcases the blog’s work and the editors’ selected publications from 2024 and can be accessed directly from this blog post.

Ahead of her upcoming publication in CCR XIV, Dr Rishika Sahgal analyses and critiques two cases decided by the apex courts in India and South Africa in 2022, Janhit Abhiyan and Social Justice Coalition. These cases reveal that even when poverty is recognised as a ground within equality law, several tensions or barriers to achieving substantive equality for the impoverished may arise.

In this blog post, Wandile Brian Zondo argues that the Traditional and Khoi-San Leadership Bill 2024 is constitutionally problematic and continues to threaten informal land rights and rural democracy in South Africa.

Ahead of the 10th session of negotiations of the Intergovernmental Working Group on a legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises, David Bilchitz argues that a scope clause is unnecessary and likely to exacerbate divisions.

In this article, Joshua Kyeremateng and Theophilus Edwin Coleman offer five reasons why the circuit court in Ghana should have arrived at a different conclusion on the employment status of gig workers in Justice Noah Adade v. Bolt Ghana Limited and Another.

In this post , Dianah explores the adoption and significance of the African Disability Protocol, which addresses the unique challenges faced by persons with disabilities in Africa. She highlights how the Protocol complements the Convention on the Rights of Persons with Disabilities by incorporating African cultural values, addressing harmful practices, and expanding rights specific to the region. She also underscores the need for universal ratification and effective domestic implementation to ensure the rights and freedoms of persons with disabilities are fully realized across the continent.

This week’s article addresses the exclusion of individuals with intellectual disabilities from voting in Kenya due to cultural biases, legal conflicts, and insufficiency. William Aseka advocates for legal amendments to reconcile conflicting constitutional articles and the introduction of supported decision-making. This would in turn enable intellectually disabled individuals to exercise their right to vote, aligning Kenya with international standards. He concluded by observing that ensuring voting rights for all, including those with intellectual disabilities, is essential for true democratic representation and inclusivity.

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.

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.