Our Blog
Defining the Content of the Right to Citizenship in South Africa through Ubuntu
This week’s post explores the concept of citizenship within the South African context, drawing upon the principle of Ubuntu. Through an analysis of the legal framework and current significant cases, the author highlights the disconnect between Constitutional ideals and their real-world application, especially concerning the acquisition of citizenship by non-citizens. In light of this, the author proposes a revaluation of citizenship through the lens of Ubuntu, advocating for more flexible and inclusive pathways to citizenship.
Democratic Backsliding in Senegal: A Legal Analysis of the Postponement of Presidential Elections
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.
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
The Analytical Reasoning Defects in Thubakgale v Ekhuruleni Metropolitan Municipality
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.
Review of the Proposed Kenyan Sign Language Bill 2023
The Kenyan Sign Language Bill 2023 was designed to integrate sign language into judicial, educational, and public settings. In this week’s blog post, Ann Haret Chepkemoi reviews essential proposals made in the Bill and discusses how it will break down barriers and empower the deaf community.
Enlivening the Paramountcy of the ‘Best Interests of the Child’ Principle: Kenya’s Supreme Court Judgment
In a groundbreaking decision on September 8, 2023, Kenya's Supreme Court overturned rulings from lower courts that prioritised public interest over the "best interests of the child" principle. In this blog post, Joshua Nyawa discusses the significance of this judgement which redefined cases involving children accused of criminal offenses, emphasising the best interest of the child over mere public curiosity.
Children’s Disability Rights: Access to Education for Children with Disabilities in Kenya
Education is a fundamental human right and many States have made a commitment to “ensure inclusive and equitable quality education and to promote lifelong learning opportunities for all” (see the Agenda 2030 on Education). Nevertheless, achieving this goal of granting everyone, equal access to a high-quality education regardless of their gender, race, and abilities remains a challenge. In this article, Tiffany examines some of the challenges faced by Kenyan disabled children in accessing education, and how the State has attempted to move its legal machinery to ensure the right is realised.
Reflections on the possible implications of using the term ‘illegal foreigner’ or ‘illegal immigrant’ in South Africa’s immigration policies.
It was Sharma Robin who said words can inspire, and words can destroy, choose your words carefully. The power of words within our communities and legal spaces can never be understated. In this article, Felicity critically analyzes the use of the word ‘illegal foreigner’ within the South African legislative framework. She argues that the term holds a criminal undertone that can fuel stigmatisation, discrimination, and ultimately results in the violation of people’s human rights. Felicity advocates for the amendment of the Immigration Act .
The Zimbabwean Exemption Permit and the Boundaries of Citizenship
In this week’s post, Dr. Hobden tackles an ongoing situation on Zimbabwean Exemption Permits (ZEP). The ZEP is a special permit allocated to undocumented Zimbabwean migrants to legalize their stay in South Africa. In a way, she is persuaded that the ZEP is revelatory of the boundaries of citizenship in South Africa. She argues that the ZEP issue demonstrates SA’s overtly rigid stance towards access to citizenship within the Republic.
The Future of the Maputo Protocol: Prospects and Challenges
In this last post as part of the ‘Maputo at 20’ series, we speak with Hon. Commissioner Ramatoulie Janet Sallah-Njie, the Special Rapporteur on the Rights of Women in Africa, about the future of the Maputo Protocol, it’s potential for advancing women's rights in Africa, and the challenges that need to be addressed for its full realisation.
Right to Vote: Electoral Democracy and Protection of Electoral Integrity in Africa
At the core of a democratic society, states are to adopt such legislative and other measures as may be necessary to ensure that citizens have an effective opportunity to enjoy the right to vote. In this post, Thuleleni engages in a brief comparative analysis of the right to vote in Africa. In addition, she gives us a 101 on electoral democracy, democracy values, and the electoral institutions that ensure these values.
The Maputo Protocol and Violence against Women in Africa
In spite of the Maputo Protocol's clear prohibition of Violence Against Women (VAW), the ongoing prevalence of violence in Africa has spurred calls for a regional treaty aimed at eradicating such violence. Against this backdrop, Adetokunbo Johnson reflects on the innovation of the Maputo Protocol's explicit VAW prohibition and questions the need for an additional instrument.
Financing Sexual and Reproductive Health and Rights: Why States Must Renew their Health Financing Commitments in the Maputo Protocol
Reflecting on the progress made since the inception of the Maputo Protocol, Kerigo Odada interrogates how health financing and resource allocation have affected the realisation of reproductive rights in Africa. The author calls on state parties to bridge the gap between political commitment and legal implementation by directing resources towards bolstering reproductive health initiatives as mandated by the Protocol.
Another Military Coup in Niger: What Next for the AU and ECOWAS?
In the wake of a recent military coup in Niger, both the AU and ECOWAS have strongly denounced this unconstitutional power shift. ECOWAS, taking a firmer stance, has also enforced sanctions on Niger. In this blog post, Linda Mushoriwa discusses the effectiveness of measures such as sanctions and military action in response to unconstitutional changes of governments (UCG).
Le Protocole de Maputo et les institutions des droits de l'homme de l'Union africaine
La mise en œuvre du Protocole de Maputo est supervisée par deux institutions des droits de l'homme de l'Union africaine. Dans cet article de blog, Ashwanee Budoo-Scholtz nous guide à travers les étapes entreprises par la Commission africaine et la Cour africaine pour superviser la réalisation du Protocole de Maputo.
- African Commission
- BBI judgment
- Children's rights
- Climate Change
- Constitutional Law
- Constitutional reform
- Covid-19
- Democracy
- Election series
- Environmental Justice
- Human Rights
- International Law
- Judicial independence
- Kenya
- LGBTQ+ Rights
- Migrants
- Migration
- Nigeria
- Public participation
- Refugee and migration series
- Refugees
- South Africa
- South African Constitution
- state capture
- transformative constitutionalism
- Unfair discrimination
- Women in Africa
- Women's Month
- Women's rights
- World Congress
Submissions
We welcome unsolicited submissions covering current legal developments in constitutional law, fundamental rights law, public law, international law and related fields.