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The author begins his article with a description of the man De Gaulle. He then turns to the revolution in Algeria and how the French experienced this so called revolution. It also speaks of Algeria as a colonial country of France, its constitutional…
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"The transition to local democratic institutions in the former bantustans of South Africa will not in itself fulfil the constitutional imperative for the promotion of gender equality, specifically in relation to women's access to land. In order for…
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"The question of what role the monarchy must play in Swazi politics remains fundamentally untouched. More specifically, this relates to the ways in which a genuinely inclusive political system, one able to incorporate the demands of a “modern” stat…
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The purpose of this report is to record and analyze (evaluate) the accomplishments of the South Africa– Canada Program on Governance (PoG) and the lessons learned in the course of its operation from its origin in 1992 through to the end of 1997. Thi…
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Following a desktop research and in-depth interviews of key informants, this paper provides an overview of Zimbabwe’s political and electoral landscape as the country prepares for the harmonized elections. Focus is placed on discussing and assessin…
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The issue of land reform is more complex and challenging than the debate about Section 25 of the constitution. Land reform in any country is a difficult task involving large numbers of people and their aspirations, multiple challenges and consider…
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At the end of 2013, the Federal Government of Somalia (FGS) committed to “Vision 2016”, an audacious plan to execute all the points of reference in the Provisional Constitution of Somalia and the New Deal's Somali Compact. These two crucial document…
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On 27 February 2018, the National Assembly made a landmark decision to review Section 25 of the Constitution of the Republic of South Africa in order to cater for the principle of land expropriation without compensation. This follows the decision …
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This paper specifically seeks to examine the role that South Africa’s courts might play, and how civil society might use the courts, in ensuring that the country’s foreign policy complies with human rights standards. It does so by reflecting on sev…
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"The greatest challenges to good governance in Africa lie at the intersection of two problems: (i) low horizontal and vertical accountability, and (ii) weak constitutionalism. While courts are a critical player at these intersecting fault lines, th…
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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…
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"The announcement by the Electoral Commission that thirty (30) additional parliamentary constituencies are to be created has provoked a confrontation between the Commission and the minority parties and generated heated public debate in the media. …
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"Under the Fourth Republican Constitution, the Governance Structure that was created envisaged the separation of powers through the three principal arms of Government The Executive, the Legislature & the Judiciary - each playing very specific roles.…
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"Since independence, Zambia has had five major constitutional amendments (an average of one every 10 years), a fact that has raised concerns about the country’s constitutional foundations. The constitution has been made a campaign issue in eve…
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"The quest for competitive elections in Africa, with the modest gains made since the 1990s towards deepening democratisation, continues to underpin the continent’s efforts to create stable and growing democracies. Since the post-Cold War transition …
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This paper aims at exploring the practice of the concept of constitutionalism in South Sudan. Particularly, it assesses the extent to which the doctrine of separation of powers is practiced as it relates to vertical and horizontal power relationship…
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As South Sudanese warring parties are set, albeit be grudgingly, to embark on implementing the peace agreement they signed in August 2015, a sense of cautious optimism is being expressed, and rightly so. Since it broke out in mid-December 2013, th…
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The High Court of Kenya recently handed down a decision that reinforces the role of courts to protect the constitution against executive overreaches. To constitutional lawyers and academics, the decision is a triumph for constitutionalism and the ru…
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On March 16, 2013, following a nationwide referendum which saw a turnout of more than half of those eligible to vote (3.3 million), a new draft constitution for Zimbabwe was approved by an overwhelming majority (95%) of participants. The document pr…
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In December 2017, the National Assembly of the Gambia established a Constitutional Review Commission (CRC) to draft the country’s third Constitution. The Gambia’s founding Constitution (1970) was replaced in 1997, three years after a military coup …
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