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The Right to Health Care in the Specific Context of Access to HIV/ AIDS Medicines: What can South Africa and Uganda Learn from each other?

Many African countries, either exclude socio-economic rights from their constitutions or include them in the Preamble or the section on Directive Principles of State Policy. The South African Constitution is well known for its inclusion of this cat…

Benign Accommodation? Ukuthwala, ‘forced marriage’ and the South African Children’s Act

This article evaluates the implications of the Children’s Act 38 of 2005 for ukuthwala. As a preliminary procedure to a customary marriage, the ukuthwala is a practice whereby, a young man forcibly takes a girl to his home. The practice, in recent …

Rights away from Home: Climate Induced Displacement of Indigenous Peoples and the Extraterritorial Application of the Kampala Convention

In this article it is demonstrated how climate change is linked to the displacement of indigenous peoples and how their rights are threatened in Africa. The article examines the basis of the Kampala Convention, underscoring the extraterritorial natu…

The Climate Change Regulatory Framework and Indigenous Peoples’ Lands in Africa: Human Rights Implications

This book examined the regulatory frameworks which relates to climate change at international, regional and national levels, as they affect indigenous peoples’ lands in Africa. It demonstrates how, at national level especially, a climate change reg…

Evidence Obtained Through Violating the Right to Freedom from Torture and other Cruel, Inhuman or Degrading Treatment in South Africa

"Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through cruel, inhuman and de…

A Rights-Based Approach to Environmental Protection: The Zimbabwean Experience

"Stemming from the common law, international law and statute, Zimbabwean law has always recognised the prominent role that environmental rights should play in the environmental regulatory framework. In theory, this was based on recognition of the fa…

Public Participation in Decentralised Governments in Africa: Making Ambitious Constitutional Guarantees More Responsive

Following the example of South Africa, recently Kenya, Tunisia and Zimbabwe have adopted constitutions that contain bills of rights, embrace the ideals of decentralization and profess a commitment to participatory democracy. Different forms of lo…

Striking a Balance between Community Norms and Human Rights: The Continuing Struggle of the East African Court of Justice

The East African Court of Justice (EACJ) finds itself in a difficult position, which this article exposes to a certain extent. The Court is barred as such from deciding on matters being faced with, that contains human rights allegations. The EACJ …

Strengthening Constitutional Order and Upholding the Rule of Law in Central Africa: Reversing the Descent towards Symbolic Constitutionalism

Some of the challenges were examined in this article that have arisen as part of attempts during the past two decades to entrench a culture of constitutionalism and respect for law in Central Africa. It shows how, from a background of constitutions…

Africa Mediators’ Retreat 2013

"This meeting report provides a summary of the discussions and highlights the issues which emerged during the retreat. The fourth Africa Mediators’ Retreat, which brings together experienced peacemaking actors to discuss conflict-related issues rele…

Implications of the African Union’s Stance on Immunity for Leaders on Conflict Resolution in Africa: The Case of South Sudan and lessons from the Habré Case

The article examined the AU’s stance on immunity and its impact on conflict resolution in Africa. The article observes that the AU’s immunity stance for sitting leaders undermines the deterrence and conflict resolution capacities of the African Cou…

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