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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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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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Kenya, Constitutional Law Joshua Malidzo Nyawa Kenya, Constitutional Law Joshua Malidzo Nyawa

From Symbolic Constitutionalism to Real Constitutionalism: Taming Imperial Presidency in Kenya’s CAS Judgment

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.

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Constitutional Law African Law Matters Constitutional Law African Law Matters

Book Feature: Constitutionalism and the Economy in Africa, (Charles M Fombad and Nico Steytler eds.) (OUP, 2022)

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.

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Human Rights, South Africa, Constitutional Law Thandeka Nokwanda Khoza Human Rights, South Africa, Constitutional Law Thandeka Nokwanda Khoza

“It’s cool to be a 21st-century artisan”

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.

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International Law, Human Rights Satang Nabaneh, Shelley Inglis & Lee Waldorf International Law, Human Rights Satang Nabaneh, Shelley Inglis & Lee Waldorf

Decolonizing the Narrative around Constitutions, Personal Laws, and Women’s Rights

Many constitutions in Africa contain what are known as “clawback clauses,” which exempt personal law from their guarantees of nondiscrimination. In this week’s post, the authors posit that a decolonization approach which surfaces the history of colonial involvement in constitution-making can also be helpful in legal cases involving the clawback provisions, and in broader policy advocacy and public awareness-raising about the need to reconsider and revise personal status law regimes.

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East Africa, Constitutional Law Joseph Geng Akech and Cedonia Victor Legge East Africa, Constitutional Law Joseph Geng Akech and Cedonia Victor Legge

Questions of Inclusivity in South Sudan’s 2024 Elections: Gender and Ethnic Dilemmas

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.

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Constitutional Law, International Law, Public Law Courtney Jones Constitutional Law, International Law, Public Law Courtney Jones

A SLAPP in the Face to the Abuse of Court Processes

A “SLAPP” suit is strategic litigation against public participation and has its origin in the United States of America and Canada. Courtney Jones discusses the application of the SLAPP defence in South African law following the Constitutional Court’s judgment in Mineral Sands Resources (Pty) Ltd v Reddell.

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Constitutional Law Geoffrey Allsop and Ohene Yaw Ampofo-Anti Constitutional Law Geoffrey Allsop and Ohene Yaw Ampofo-Anti

Rafoneke v Minister of Justice: What about Intersectionality?

In Rafoneke v Minister of Justice and Correctional Services (Rafoneke), the SA Constitutional Court had to consider whether section 24 (2)(b) read with section 115 of the Legal Practice Act 28 of 2014 (LPA) unfairly discriminated against foreign nationals on the basis of citizenship and social origin. Geoffrey Allsop and Ohene Yaw Ampofo-Anti argue that the court did not apply the principle of intersectionality correctly in its finding that these provisions are constitutional.

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