Constitutionalism and Human Rights

This channel aggregates information on constitutionalism, constitution-making, constitutional reform, human rights and democracy issues in Africa. We curate and feature legal developments, caselaw and legislation, scholarly commentary, blogs, and columns.

Current contributors

Carmel Rickard

Legal Columnist.
Editor in Chief of the Newsletter of the Judicial Institute for Africa at UCT

Since she began working as a journalist in 1981, Carmel Rickard has specialised in writing about legal affairs. She has won widespread recognition (local and international) as well as a number of awards for her work, and in 1992/3 was awarded a Nieman Fellowship to Harvard.

Resources

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Why Zambia's highest court found President Edgar Lungu eligible to serve another term

Read judgment on ZambiaLII here

 

IN a recent case testing whether Zambia’s President Edgar Lungu may lawfully stand for a third term in 2021, that country’s highest court had something to say about the problem of threats to the judiciary “related to matters before court” - though the judges did not say whom they had in mind.

Lesotho: New judgment reinstates Mosito

 

THE decision, delivered on Friday morning by the highest court in Lesotho, was entirely predictable given the tone of questioning and discussion in court during the hearing earlier in the week.

Lesotho’s Court of Appeal has not been operating for some time as the judicial crisis surrounding the head of that court has played out, but five acting judges, headed by former Zambian judge, Philip Musonda, were appointed to hear this matter.

Kenya: Time for courts to develop judicial review as “constitutional supervision of power” - judge

WHEN a court begins its decision with a hymn to the values of the constitution and the rule of law, I would expect to find the judge is about to do something unusual or significant.

Did this happen in the recently-decided case of the Speaker of the senate against two limited liability companies? You be the judge.

Before he even began to explain the facts of the case, though, Judge Mativo, who presided in the matter, spent three paragraphs on the significance of the law, justice and the rule of law in a modern, changing society.  

Somali "forced marriage" case poses headache for UK courts

INCREASING awareness of the rights of children not to be forced into marriage led to this unusual trans-continental case, heard in the UK courts but involving an African family.

It concerns four young Somalis, formerly of the UK but now living in Somalia with their mother. The siblings’ sister, still in the UK, asked for help when she heard that their mother intended to force at least one of the younger siblings into marriage in Somalia.

"We Are Not Animals to be Hunted or Sold"

EXECUTIVE SUMMARY

Since November 2014, Malawi has seen a sharp increase in human rights abuses against people with albinism, including abductions, killings and grave robberies by individuals and criminal gangs. At least 18[1] people have been killed and at least five have been abducted and remain missing. According to the Malawi Police Service, at least 69 cases involving crimes related to people with albinism have been reported since November 2014.[2]

Lone judicial voice in runup to Zimbabwe's elections

OF all the many pre-election cases heard by Zimbabwe’s courts, only one resulted in a judicial decision that broadened and protected democracy. And even in this case, the outcome was overturned on appeal.

The stand-out case was heard by Judge Joseph Martin Mafusire. In Amalgamated Rural Teachers Union of Zimbabwe v Zanu-PF he was asked for an interim order to prevent school pupils, teachers, school buses and buildings from being used as though they were resources belonging to the ruling party.

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