Latest Articles
Self-determination in the Case Law of the African Commission: Lessons for Europe
- 30 January 2018
- Mariya Badeva-Bright
In this paper Stefan Salomon inquires, first, what legally might remain of self-determination in a postcolonial context by focusing on the case law of the African Commission on Human and Peoples Rights (ACHPR). Second, it asks what might be the lessons for Europe by gazing at the development of the legal concept of self-determination in Africa.
[Book] African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives
- 6 January 2018
- Mariya Badeva-Bright
African Customary Law in South Africa Professor IP Maithufi, Dr Sindiso Mnisi Weeks, Mr Lesala Mofokeng, Dr Dial Ndima, Edited by Professor Chuma Himonga, and Professor Thandabantu Nhlapo
[Book] The implementation of modern African Constitutions: Challenges and prospects
- 6 January 2018
- Mariya Badeva-Bright
In “The implementation of modern African Constitutions: challenges and prospects”, the authors try to identify obstacles to constitutional implementation in Africa and, on the basis of good practice, assess how this could be overcome. A single volume like this cannot unravel the complexity of the causes and effects of, and solutions to, the problem of non-implementation of constitutions in Africa: the subject is far too intricate. Nevertheless, this study, represents a first attempt to draw attention to the issue, and hopes to open a serious debate about it and pave the way for making this issue an integral consideration in constitution-building in the future. The variety of perspectives provided in analysing the challenges to constitution-implementation in this volume should make it to appeal to academics, practitioners, policy makers and postgraduate research students interested in the intricacies of comparative African constitutional law.
Analysis: Mifumi (U) Ltd & Others v Attorney General Kenneth Kakuru
- 5 January 2018
- African Law Service
Mifumi was decided by the Supreme Court of Uganda. It was an appeal from the Constitutional Court where the constitutionality of “bride price” was challenged at first instance. The custom of refunding bride price on the dissolution of a customary marriage was ruled unconstitutional.
Development: Economic Freedom Fighters v Speaker of the National Assembly
- 5 January 2018
- AfricanLII
The Constitutional Court of South Africa has ruled that the National Assembly is obligated to make rules holding the President to account, and that it should fulfil its obligations in that regard without delay. In his dissenting judgment, the Chief Justice characterises the majority judgment as a textbook case of judicial overreach - a constitutionally impermissible intrusion by the Judiciary into the exclusive domain of Parliament.
Case Report: A.M.N & 2 others v Attorney General & 5 others (2015) eKLR: A Review of the Kenyan Position on Surrogacy
- 5 January 2018
- AfricanLII
Who is the lawful mother of children born in the context of a surrogacy agreement? Would the genetic parents have to adopt their own children? What is in the best interest of the child?