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Insights into commercial contracting from South Africa’s informal sector

What happens when African societal norms meet modern commercial practice? From boardrooms in Sandton to the cultural mash-up and the  “popular economy”  of a South African township, African business people of different ethnicities and world views are contracting on a daily basis. Is there anything peculiarly “African” about this process, or are all business people the conventional profit-maximising individuals of  free market economic theory ? The answer here informs the related policy question as to whether South Africa needs to develop a dedicated indigenous law of contract.

Kenya's new cybercrime law opens the door to privacy violations, censorship

A new act is trying to lock down cyber crime in Kenya.

Victory for asylum seekers in Constitutional Court

The Constitutional Court has ruled that asylum seekers’ temporary permits must automatically be extended while their case is being reviewed.

Summary of the key decisions and declarations of the 31st African Union Summit

Following the conclusion of the 31st AU Summit held in Nouakchott, Mauritania from the 25th of June to 2nd July 2018, the key activities, decisions and declarations of the Summit are provided below.

Lesotho: Authorities must ensure the Independence of the Judiciary and Reopen the Court of Appeal
How the free movement of people could benefit Africa

Africa’s Free Movement Protocol will open up the continent for easy travel and big business. (Photo: Shutterstock)

REFORMING ZAMBIA’S MENTAL HEALTH LAW: THE CASE OF MWEWA AND OTHERS V THE ATTORNEY GENERAL AND ANOTHER
REFORMING ZAMBIA’S MENTAL HEALTH LAW: THE CASE OF MWEWA AND OTHERS V THE ATTORNEY GENERAL AND ANOTHER

Many African countries are currently being governed using laws which were passed during the pre-independence period. Essentially, this means that countries are running using colonial rules and laws. Specifically, many countries have got mental health laws that are archaic. Zambia is not an exception. It has the Mental Disorders Act of 1951.

African Court on Human and Peoples’ Rights Organises Sensitisation Seminars to Sierra Leone and Liberia Next Month
Three New Judges Elected to the African Court on Human and Peoples' Rights; VP Justice Ben Kioko Re-elected for Second Term

PRESS RELEASE

Why the dominance of big players is bad for South Africa’s economy

Talk of radical economic transformation in South Africa requires a second look if it is to deliver the goods. While the concept has assumed varying definitions in recent times, it’s generally accepted as representing a push for  structural change  of the post-apartheid economy in a way that creates space for the black majority to participate fully.

Lesotho High Court Recognises the Sexual and Reproductive Rights of Female Soldiers

On 14 February 2018, the Lesotho High Court handed down judgment in a landmark case on women’s rights. The judgment of Sakoane J (as part of a 3 panel bench) in the case of  Private Lekhetso Mokhele and Others v The Commander, Lesotho Defence Forces and Others  sets an important precedent on the rights of pregnant employees in the military.

Ghana's justice system needs a major overhaul: here's what should be done

Ghana’s justice system is not just slow. It’s also expensive and sometimes even harsh.

Clean air vs industrial development: Durban court case explained
Clean air vs industrial development: Durban court case explained

South Durban environmental alliance brings case to court.  What is the right balance between economic development and environmental protection? This is the issue raised in a court battle over a new industrial development in south Durban.

South Africa's courts and lawmakers have failed the ideal of cultural diversity
South Africa's courts and lawmakers have failed the ideal of cultural diversity

The approach to law reform and judicial lawmaking that I propose is one in which African values are the starting point. This means accepting that African values exist. This might sound obvious. But a great many people deny that they do, or that they have any relevance in a modern society. These values display a different emphasis from the western world view, and South Africans need to accept that they have a positive contribution to make in creating a new society.

Mandatory death penalty a "colonial relic" and must go - Kenya's top court
Case Report: A.M.N & 2 others v Attorney General & 5 others (2015) eKLR: A Review of the Kenyan Position on Surrogacy

​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?

Development: Economic Freedom Fighters v Speaker of the National Assembly
Development: Economic Freedom Fighters v Speaker of the National Assembly

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.

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