Constitutionalism in a Time of Corona

COMMENT Prof. Dr. Thoko Kaime 26 February 2021 Constitutionalism, the idea that officials must necessarily be circumscribed by institutions that restrict the exercise of state power; continues to face tremendous pressure across African jurisdictions as the COVID-19 pandemic continues to ravage the Continent. As the imperative to protect lives underlines many a government’s response, it…

The Right to Vote for Everyone?

ANALYSIS Melanie Schwarzfischer 19 February 2021 In Zambia every citizen over the age of eighteen years has the right to vote, unless he or she is explicitly disqualified by Parliament (Article 75 (1) of the Constitution). However, not every citizen has equal opportunities to conduct their votes. Especially people with disabilities are disadvantaged because of…

Land Rights in South Africa – Constitutional Law, Apartheid and Gender Inequality

ANALYSIS Sophie Stange 12 February 2021 In 2018, the High Court of South Africa delivered Rahube v Rahube and Others a landmark decision protecting women’s rights to equality and land ownership. On October 30, 2018 in the case of Rahube v Rahube and Others ZACC 42 the Constitutional Court upheld the Pretoria High Court’s finding…

Abortion Law – A Comparative Take on the Constitutional Framework of South Africa and Germany

COMMENT Freda Louwes 05 February 2021 In recent weeks and months, the topic of abortion has become a highly debated one in the media throughout the world. Last summer, despite the prevalence of the dangerous COVID-19 virus, thousands of people have gathered on the streets of Warsaw to protest the decision of the Polish Constitutional…

Tourism-related land rights conflicts in Namibia – the Etosha Case: Tsumib v. Government of the Republic of Namibia

COMMENT Lisa Strube 6 November 2020 Nowadays, it is undisputed that tourism does not only bring positive aspects. Specifically in countries of the Global South, the tourism sector often hides a high potential for conflicts. Imbalanced power relations between the individual actors are the dark side of the travel industry and often lead to human…

Hapa Kazi Tu! Democratic, Political and Legal Contestations in Tanzania’s 2020 Elections

OPINION Dr Olivia Kokushubila Lwabukuna 29 October 2020 The 2020 Elections actually started in 2015 when the current longest ruling party in sub-Saharan Africa, Chama cha Mapinduzi (CCM) presidential candidate, John Pombe Magufuli got elected in one of the most contested elections in Tanzania. At the time and to a large extent now, Magufuli presented…

Rwanda`s Gacaca Courts: Looking back on an innovative mechanism of transitional justice

ANALYSIS Elena Barth 22 October 2020 When emerging from a period of violence, oppression and systematic human rights abuses, transitional societies are necessarily concerned with the question of whether and how to enter into a process of judicial work-up of the past events and the rebuilding of their social fabric. Transitional justice designates an academic…