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The Courts: Lights that Guide our Foreign Affairs

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 s...

Judicial Independence Under the APRM: From Rhetoric to Reality

"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, ...

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 ...

France and Algeria Under De Gaulle

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 constitution...

Women's Access to Land in the Former Bantustans: Constitutional Conflict, Customary Law, Democratisation and the Role of the State

"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 f...

Swaziland: The King’s Constitution

"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” st...

Supporting Democracy: The South Africa-Canada Program on Governance

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. T...

Zambia's Constitutional Groundhog Day: Why National Debate about Constitutional Reform is not Going Away Anytime Soon

"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 e...

Emerging Trends in Africa's Electoral Processes

"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 transitio...

The Challenge of Constitutionalism and Separation of Powers Doctrine in South Sudan

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 relationsh...

Understanding the Imperative of a People-Centered Constitution in South Sudan

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, ...

Taming the beast in us: 2018

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 assess...

A Short Note on Business and Land Reform

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 consid...

Somalia 2016 Elections: Contesting the Boundaries of Democracy

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 docume...

Why Land 'Expropriation without Compensation' is a bad idea

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 decisio...

The Proposed Creation Of New Constituencies

"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...

Building an Independent Parliament the Creation of Rules of Procedure for Private Members Bills & the Creation of the Office of the Parliamentary Draftsman

"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 role...

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