Wayne Ncube | Universal jurisdiction in Africa: a step towards justice

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9 April 2015 – In the wake of last year’s South African Constitutional Court judgment in National Commissioner of the SAPS v SALC, many commentators hailed the outcome as a progressive step towards the enforcement of, and the end of impunity for, core international crimes (crimes against humanity, torture, genocide and war crimes). The judgment […]

Meghan Finn | Farther still to go: paternity leave and the Labour Court’s judgment in MIA v SITA

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6 April 2015 – The South African Constitution promises the right to equality and protects against unfair discrimination on the basis of gender and sex. But South Africa’s laws do not give legal protection to fathers who want to take paternity or parental leave, and Constitutional Court jurisprudence has historically been restrictive in its approach […]

Sarah Logan | Testing the UNSC’s commitment to end impunity in Sudan

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2 April 2015 – 31 March 2015 marks ten years since the United Nations Security Council (UNSC) adopted Resolution 1593, referring the situation in Darfur, Sudan to the International Criminal Court (ICC) for investigation. Since then, the ICC has charged Sudanese President Omar al-Bashir with genocide, war crimes, and crimes against humanity, and has issued […]

Michael Power | Justice disregarded and delayed: The African Commission decision in Elgak and Others v Sudan

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25 March 2015 – On 10 March 2015 the African Commission on Human and Peoples’ Rights (ACHPR) handed down its decision in Elgak and Others v Sudan (379/09) ACHPR (2015) (Elgak).  The ACHPR found that the torture of three human rights defenders by Sudanese National Security and Intelligence Services (NISS) officers in 2009 violated multiple rights contained […]

Genevieve Jenkins | Defining “environmental human rights” and building claims

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Environmental human rights, which draw the connection between human rights and environmental degradation, are frequently omitted from human rights discussions. The African country profiles in Human Rights Watch’s 2014 World Report, for example, are almost completely devoid of discussions of environmental human rights. (The 2015 World Report has just been released and we’ll be discussing […]

Meghan Finn | Footing the Bill of Rights: Tebeila Institute v Limpopo College of Nursing [2015] ZACC 4

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Constitutional litigation is a costly business.  Who bears those costs is not just important for the individual parties litigating and their lawyers.  Instead, the rules governing costs help promote the health of a constitutional system, because they can encourage constitutional litigation and ensure that worthy claims are pursued. Historically, in South African law costs awards […]

Leo Boonzaier | A constitutional obligation to disclose political party funding? My Vote Counts v Speaker of the National Assembly

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Democracy requires that each person’s vote counts equally.  But that is not enough.  There are many ways to influence democratic governance, and most of them are much easier if you have money.  This gives the rich disproportionate influence.  And the problem has worsened as inequalities have grown in democratic societies.  More and more money has […]