This video is the fourth in a series of interviews that we conducted with members of the South African judiciary to commemorate 30 years of democracy in South Africa. In this episode, Judge Margie Victor reflects on the successes and challenges of the Constitution in protecting human rights and the impact of landmark cases on the country’s democratic development.

In this episode, Justice Majiedt reflects on the how the judiciary has worked to safeguard democratic values and uphold the rule of law in a changing social and political landscape. Drawing on landmark cases such as Grootboom and August v Electoral Commission, Justice Majiedt explores how the Constitutional Court’s jurisprudence has adapted to meet emerging socio-economic and political challenges. The conversation also highlights some of the most influential decisions that have shaped the trajectory of democracy and the protection of human rights in post-apartheid South Africa.

This video is the second in a series of interviews that we conducted with members of the South African Judiciary to commemorate 30 years of democracy in South Africa. This interview explored the evolving role of South Africa’s Constitution in protecting democracy and human rights over the past three decades. It also covered the successes and shortcomings of the constitutional framework, the impact of landmark court decisions, and the delicate balance the Court must maintain between respecting the separation of powers and ensuring government accountability.

This video is part of a series of interviews that we conducted with members of the South African Judiciary to commemorate 30 years of democracy in South Africa. In this episode, Justice Cameron reflects on the development of South Africa’s constitutional democracy since the Constitutional Court’s first judgment in 1995.

Introducing ALM’s new exclusive interview series reflecting on 30 years of the Constitutional Court. Each week, we sit down with justices to discuss the Court’s evolving role and the future of constitutional democracy. Stay tuned for insights from Justice Cameron, Justice Majiedt, Justice Theron, and former Acting Justice Margie Victor.

Drawing on her publication in CCR XIV, Prof. Fatima Osman examines the South African Constitutional Court's decision to depart from the precedent set in Volks v Robinson, where the court held that unmarried partners who chose not to marry could not claim maintenance under the Maintenance of Surviving Spouses Act (MSSA). In Bwanya, the court declared provisions of the Intestate Succession Act (ISA) and MSSA unconstitutional insofar as they excluded life partners who had undertaken reciprocal duties of support.

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 post, Nicholas Herd examines the Supreme Court of Appeal (SCA)'s judgment in SAHRC v Agro Data, where the court unanimously rejected the South African Human Rights Commission's (SAHRC) claim that it possesses the authority to issue binding directives. He also explores the Commission's prospects of success in its appeal to the Constitutional Court, challenging the SCA's decision.

In this post, Duncan Okubasa observes the Gen-Z protests in Kenya as a reaction to increased taxes on essential goods and broader discontent with the government. He highlights how the protests exposed significant issues within Kenya’s constitutional framework, including executive dominance over the legislature, disregard for political rights, and co-optation of opposition figures. Finally, he observes that despite these challenges, the protests may inspire progress toward the democratic ideals in Kenya’s 2010 Constitution through increased civic engagement and institutional accountability.

Lee-Anne Germanos Manuel discusses the significance of The Embrace Project v Minister of Justice and Correctional Service, in which the applicants successfully challenged the constitutionality of certain provisions relating to consent-based sexual offences in the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007 in the High Court of South Africa. The constitutional challenge focused on the element of criminal intent and its effect on consent and now awaits confirmation by the Constitutional Court.

In this post, Praise Adejimi advocates for an amendment to South Africa's right to vote, arguing that it should extend to permanent residents who, despite having a legal status nearly identical to that of citizens, have been unjustly excluded from participating in the electoral process. Adejimi contends that this exclusion undermines the democratic principles enshrined in the Constitution, particularly its commitment to equality and non-discrimination.

This post, authored by the African Law Matters team, pays tribute to the late Prof. Stu Woolman. In the wake of his recent passing, we have been reflecting on the profound impact he had as a scholar, mentor, colleague, and friend.Through this post, we honor his memory and the enduring influence he had on our lives and the broader legal community.

In this article, Lauren Loxton offers a critical analysis of the Judicial Service Commission of South Africa's approach to interviewing and selecting candidates for Constitutional Court appointments, highlighting the risks posed by the absence of adequate judicial expertise needed to handle appeals in intricate and specialized areas of law.

This week's blog post highlights a book feature. We had a conversation with Associate Professors Roxan Laubscher and Martinus van Staden about their recent publication, which explores landmark legal cases in South Africa's constitutional history. The book delves into these cases' effects on the nation's legal and social landscape, offering an in-depth analysis of key court decisions and their broader implications for justice and governance in South Africa.

In this weeks blog post Michael Aboneka discusses the right of Ugandans to recall their Members of Parliament for non-performance or incompetence. The author observes that despite constitutional provisions, this right has never been practically implemented, especially following a 2005 amendment that restricts it. Hence, his argument for constitutional changes to enable the right to recall MPs, promoting greater political participation and accountability.