African Court of Human and Peoples' Rights

Courts’ differing views on whether independent candidates may contest elections

The role of independent candidates in elections is contested in many African countries. The Constitutional Court in South Africa issued a landmark decision on the question during June 2020. It held that the law had to be changed so that independent candidates may contest seats in elections. When a similar complaint was brought to the courts in Nigeria, however, the result was the opposite: there the courts upheld laws permitting candidates to contest political elections only via established political parties.

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This case involved seven Nigerians who want to stand for elective office as independents. They were contesting Nigerian law in terms of which an individual must be a member of a political party in order to participate in elections, and thus become part of government.

Law reporting at the African Court on Human and People’s Rights: Aspirations and Challenges (Part II)

In this second of a two-part blog, legal scholar Yuzuki Nagakoshi reflects on recent training at the African Court on Human and Peoples' Rights.

Without formal law reports, the public and legal professionals would have limited access to the law. In common law jurisdictions, where decisions are binding, it is essential that they are made widely available. This would ensure consistency in case law and fairness of the judicial process, and it would also make sure that the public is not ambushed by secret or inconsistent laws.

Law reporting at the African Court on Human and People’s Rights: Aspirations and Challenges (Part I)

In this first of a two-part blog, legal scholar Yuzuki Nagakoshi reflects on recent training at the African Court on Human and Peoples' Rights. Offered jointly by the African Legal Information Institute, the Judicial Institute for Africa, based at the University of Cape Town, and by Kenya Law, the course was intended to provide a comprehensive theoretical and practical training in traditional and digital law reporting.

When we think about courts, our imagination often ends when the decision is delivered.

A less public but nevertheless important aspect of courts’ work is the subsequent reporting of decisions after they have been delivered. The resulting law reports are collections of decisions from a specific court or jurisdiction, edited and organised to facilitate the understanding and dissemination of its jurisprudence and to be the official record.

AfricanLII and Kenya Law

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