In this post, Ohene Yaw Ampofo-Anti offers a detailed critique of the White Paper on Citizenship, Immigration, and Refugee Protection. He draws on various legal precedents and jurisprudence to argue that this controversial policy stands in stark opposition to South Africa's core constitutional values, including human dignity, the philosophy of ubuntu, and racial equality.

In this post, Wandile Brian Zondo and Nomfundo Ramalekana discuss a recent judgment by the High Court of Namibia declaring the common law crimes of sodomy and unnatural sexual offences unconstitutional, and sequentially invalid. The authors examine how the High Court interpreted the Constitution of Namibia to reach this conclusion and posit that this decision marks a momentous step towards the full realization of LGBTQI+ rights in Namibia and serves as a beacon of hope for the region.

In this post, Ozioma Nwadike Esq. reflects on the state of the Nigerian electoral system in light of the anti-reform judicial stance exhibited by the Supreme Court. With reference to some of the Court's recent judgments, Nwadike argues that the progressive steps taken by the legislature to reform the system have been undermined by the Court through its reliance on arcane legal formalism. The implication is that little progress has been made in electoral system reforms since 2007.

In this post, Lauren Loxton provides an analysis of the Constitutional Court's recent judgment in Electoral Commission of South Africa v Umkhonto Wesizwe Political Party (EC v MK). She highlights that while this case reveals the importance of judicial decisiveness in electoral matters, it also sheds light on the strain that persistent legal battles from serial litigants such as Jacob Zuma can place on the judicial system.

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.