African Law Matters

28/02/2024

In this week’s post, Christy Chitengu examines citizenship complexities in South Africa, focusing on individuals born to foreign parents. She 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. Additionally, she proposes a re-evaluation of this legal framework to foster greater inclusivity and equity. You can read more here : www.africanlawmatters.com/blog/nurturing-inclusivity-reforming-citizenship-laws-for-children-born-to-foreign-parents-in-south-africa

19/02/2024

Watch our interview featuring former South African Constitutional Court Justice Albie Sachs, as he shares his insights and reflections on lessons that South Africa can draw from other constitutional democracies in Africa.

In this interview, Former Justice Albie Sachs reflects on the lessons that can be drawn from the development of constitutional democracies across Africa.

01/12/2023

🌍✍️ Just in! Ann Haret Chepkemoi discusses the transformative implications of the Kenyan Sign Language Bill, 2023, in our latest blog post. This groundbreaking legislation aims to weave sign language into vital arenas—judicial, educational, and public spaces—ushering in a new era of inclusivity.

Read the insightful review here: https://www.africanlawmatters.com/blog/review-of-the-proposed-kenyan-sign-language-bill-2023

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17/11/2023

In September 2023, Kenya's Supreme Court delivered a ground-breaking decision shifting the focus to the 'best interests of the child' over mere public curiosity. In his insightful blog post, Joshua Malidzo Nyawa delves into the significance of this landmark judgment, redefining cases involving children accused of criminal offenses.

Read more about this transformative judgment here: https://www.africanlawmatters.com/blog/enlivening-the-paramountcy-of-the-best-interest-of-the-child-kenyas-supreme-court-judgment

01/11/2023

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.

examines the stance of South African courts regarding the challenges that emerged within the electoral system during the COVID-19 pandemic.

More here: https://www.africanlawmatters.com/blog/elections-as-an-accountability-mechanism-during-times-of-emergency

04/10/2023

In May 2023, Ghana's Supreme Court declared the Imposition of Restrictions Act (IRA) 2020 unconstitutional, just three years after its enactment.

In this week's post, Maame Efua Addadzi- Koom, Ph.D. explores the IRA's past controversies and sheds light on key aspects of the Court's decision that underscored earlier concerns regarding the legality of the Act, ultimately leading to its repeal.

Read more about this significant development in Ghanaian law: https://www.dailymaverick.co.za/article/2022-03-23-undocumented-migrants-the-myths-realities-and-what-we-know-and-dont-know/

28/09/2023

In recent years, Africa has grappled with a concerning rise in coup d'états. In this week's post, Ben Nyabira delves into the potential factors fueling this persistent challenge.

Nyabira argues that one key element that emerges from recent coup events is widespread dissatisfaction with electoral democracy. It appears that in certain countries, elections have failed to effectively advance the cause of democracy. This issue warrants a closer look as we seek to understand and address the dynamics contributing to these developments.

Read the full analysis here: https://www.africanlawmatters.com/blog/undemocratic-democratisation-through-coups-in-africa7

22/09/2023

Sharma Robin said, "Words can inspire, and words can destroy. Choose yours well'. The power of words within our communities and legal spaces can never be understated. In this article, Felicity Ronna Mthombeni 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 .
Read more here: https://www.africanlawmatters.com/blog/reflections-on-the-possible-implications-of-using-the-term-illegal-foreigner-or-illegal-immigrant-in-south-africas-immigration-policies

12/09/2023

In this week’s post, Dr. Christine 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. You can read more here https://www.africanlawmatters.com/blog/the-zimbabwean-exemption-permit-and-the-boundaries-of-citizenship

This post is part of a paper to be presented at The Right to Citizenship in South Africa’s Constitutional Democracy Conference hosted by The South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC). See more details on our events page.

07/09/2023

In a capitalist construct, the environment is viewed as a commodity with zero opportunity cost, and over the 6 has given rise to severe environmental degradation. In this week’s post, Professor Soyapi focuses on capitalism and the environment. He discusses carbon majors' contribution to environmental degradation in Africa. The environment is everybody's responsibility to protect, hence the observation that communities have the key to challenging future state-sanctioned carbon major projects that threaten African eco-frontiers. 
You can read more here:
https://www.africanlawmatters.com/blog/protecting-eco-frontiers-carbon-majors-in-africas-untapped-lands

01/09/2023

🌍👩‍⚖️ Honored to share insights from our recent interview with Hon. Commissioner Ramatoulie Janet Sallah-Njie, Special Rapporteur on the Rights of Women in Africa, as part of the 'Maputo at 20' series.

We delve into the future of the Maputo Protocol, its potential to advance women's rights in Africa, and the critical challenges that must be addressed for its full realization. 🎙️

Special thanks to for conducting this enlightening interview.

Read the full interview here: https://www.africanlawmatters.com/blog/the-future-of-the-maputo-protocol

25/08/2023

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.

Read more here: https://www.africanlawmatters.com/blog/right-to-vote-electoral-democracy-and-protection-of-electoral-integrity-in-africa

23/08/2023

in our series: 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.

More here: https://www.africanlawmatters.com/blog/fthe-maputo-protocol-and-violence-against-women-in-africa

16/08/2023

🌍 Reflecting on the strides achieved since the inception of the Maputo Protocol, Kerigo Odada evaluates how health financing and resource allocation impact the realisation of reproductive rights in Africa, and urges state parties to bridge the gap between political commitment and legal implementation by directing resources towards strengthening reproductive health initiatives, as mandated by the Protocol.

Read here: https://www.africanlawmatters.com/blog/financing-sexual-and-reproductive-health-and-rights

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10/08/2023

Celebrating Women's Month! 🌍

This week, Ashwanee Budoo-Scholtz from joins our series with an article highlighting the steps taken by the African Commission and the African Court in making the Maputo Protocol a reality.

Read here: https://www.africanlawmatters.com/blog/the-maputo-protocol-and-the-african-union-human-rights-institutions

This article is also available in French: https://www.africanlawmatters.com/blog/le-protocole-de-maputo-et-les-institutions-des-droits-de-lhomme-de-lunion-africaine

07/08/2023

Last month, the Kenyan Court of Appeal made waves when it declared the unconstitutionality of life imprisonment. Delving into the intricacies of this groundbreaking verdict, Joshua Malidzo Nyawa provides a thought-provoking analysis of the court's rationale and the profound implications it holds for Kenyan jurisprudence. ⚖️

Read the full post here: https://www.africanlawmatters.com/blog/unlocking-the-irreversibly-closed-gaol-gates

01/08/2023

📢 Don't miss our "Maputo Protocol at 20" series! 🌟 In the second post, Matilda Lasseko-Phooko delves into the Maputo Protocol's implementation and the impactful role of women leaders. Check it out now:

https://www.africanlawmatters.com/blog/implementation-of-the-maputo-protocol

26/07/2023

🎉 We're thrilled to announce the start of our "Maputo Protocol at 20" series! 📚💫

Dive into Esther Waweru's enlightening blog post as she sheds light on why this treaty is hailed as a game-changer for women's rights in Africa.

The post also explores how the Protocol addressed gender equality gaps in the African Charter! 🌍 (Link in bio)

18/07/2023

🌍 Exciting news!

Introducing our new blog series on the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), celebrating its 20th anniversary. 🎉

Join us as we explore the Protocol's progress and challenges, with the series coordinator leading the way in our introductory post which is available through the link in bio.

Over the coming weeks, we will be bringing you more articles from women's rights experts in the region. Don't miss out on this engaging discussion!

14/07/2023

📢 New ALM Cross-Post Alert! 📢

We are thrilled to share an article originally posted by the Verfassungsblog, examining a recent judgment by the High Court of Kenya on the appointment of 50 Chief Administrative Secretaries (CAS) by the President. In this thought-provoking piece, Joshua Malidzo Nyawa delves into the implications of this ruling and argues for a shift from symbolic constitutionalism to real constitutionalism in Kenya.

We invite you to read the full article to gain deeper insights into this pivotal judgment and its implications for the future of constitutional governance in Kenya.

Full article here:

https://www.africanlawmatters.com/blog/from-symbolic-constitutionalism-to-real-constitutionalism

13/07/2023

According to the World Health Organization, an estimated 1.3 billion people experience significant disability. This represents 16% of the world’s population, or 1 in 6 of us. Persons with disabilities face discrimination and barriers that restrict them from participating in society on an equal basis with others every day. They are commonly denied amongst others, rights their right to be included in the workplace. In this article, Ann Haret Chepkemoi appraises laws that relate to persons with disability in Kenya.
Link in the Bio
 

 

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06/07/2023

We are excited to share our exclusive interview with Prof Charles Fombad and Prof Nico Steytler, the editors of the book, “Constitutionalism and the Economy in Africa”! 🌍📚

Gain deeper insights into the interaction between constitutional frameworks and economic growth on the continent here: https://www.africanlawmatters.com/blog/constitutionalism-and-the-economy-in-africa

14/06/2023

26/05/2023

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, Satang Nabaneh, Shelley Inglis and Lee Waldorf 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.

Link in Bio.

14/04/2023

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.

Link in Bio

06/04/2023

Recently, the Parliament of Uganda passed the Anti-Homosexuality Bill (AHB) with the objective of establishing, amongst other things, “comprehensive and enhanced legislation to protect the traditional family by strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family.”

In this week's blog post, Dr. Sylvie Namwase argues that if the continued cycle of human rights violations in Uganda is left unchecked, it will provide a portal for the expansion of state authoritarianism into other spheres of Ugandans’ lives in a continuum of violence that will surely expand outside Uganda.

Link to article in Bio.

31/03/2023

New Blog Post: Two days ago, Vanuatu’s Draft Resolution requesting an advisory opinion on climate change from the ICJ was successfully adopted with 132 co-sponsorships. Dr Tracey Kanhanga explains why it was important for African states, in particular, to support this resolution.

Link in Bio

16/03/2023

A “SLAPP” suit is strategic litigation against public participation and has its origin in the United States of America and Canada. In this week's post, 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.

Read the full article here:

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) L...

10/03/2023

Last year the United Kingdom engaged in talks with Rwanda over the two nations’ migration and economic development partnership ( Rwanda asylum plan). In this week’s blog post, Dr. D’orsi gives an overview of the UK’s plan to deport some asylum seekers to Rwanda. In addition, he assesses Rwanda’s asylum system to determine how safe it is for asylum seekers.

More here:

https://www.africanlawmatters.com/blog/will-asylum-seekers-and-refugees-in-rwanda-be-mistreated-what-we-can-learn-from-rwandan-law-policy-and-practice-today