Far beyond the contributions of African and western thought on the right to freedom of expression, there are now normative developments under international human rights law on how states can protect online expression. However, these developments are not applied in African countries. A reason for this is the extant provisions in various laws that threaten online expression. This article applies postcolonial legal theory to understand why and how these provisions threaten online expression in African countries. It identifies relevant thoughts on the right to freedom of expression, normative developments on the right and a new form of digital colonialism in Africa. It concludes that for African states and other actors to combat this new form of digital colonialism head-on, they must carry out targeted legal reform that repeals and amends these provisions.

Education is a prerequisite for the attainment of sustainable development, with multiplier effects on society. This study examines the possibility of achieving inclusive and equitable education under the UN Sustainable Development Goal (SDG) 4, AU Agenda 2063 and ECOWAS Vision 2050. Copyright plays an essential role in either encouraging or barring access to educational materials, which are necessary for the attainment of SDG 4. Through a desk study using the laws and policies of English-speaking West African countries (Gambia, Ghana, Liberia, Nigeria and Sierra Leone), the article examines the copyright laws of these jurisdictions in order to determine how they facilitate or stop access to knowledge. It finds that most of the jurisdictions (except Nigeria) have not maximized the flexibilities available for access to knowledge through copyright limitations and exceptions, thereby barring access to educational materials. It recommends a review of national copyright legislations in line with a developmental perspective.

This article presents a critical analysis of whether South African courts employ established theoretical concepts to delineate the boundaries between custom and customary law. To facilitate a comprehensive understanding, the article begins by providing an overview of the South African legal system, laying the groundwork for the subsequent discussion. The article then delves into prominent theories that address the differentiation between custom and customary law, providing a succinct summary of each. Finally, the article examines the degree to which these theories have been embraced by the courts. Notably, the article uncovers the courts’ emphasis on factors such as certainty and the protection of human rights when deciding whether to apply customary law, rather than relying solely on the distinction between custom and customary law.

Article 2 of the 1984 Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) obligates states to take measures to prevent torture. While many states have provisions that prohibit torture, in most cases these do not align with the jurisprudential anti-torture framework required by UNCAT. Before the advent of the Anti-Torture Act, the Nigerian 1999 Constitution prohibited torture, but it was not a crime per se. Any act or omission that constituted torture usually fell under the heading of a civil claim and could also be prosecuted under the criminal or the penal code. However, most cases were prosecuted as grievous bodily harm, attempted murder, assault or murder. The 1999 Constitution failed to detail what constituted torture; in fact, the use of torture did not diminish under the Constitution. To fully apprehend the present situation in Nigeria, it is important to understand the legislative framework and its compatibility with international standards.

To provide protection against harm caused by defective, unsafe products and to promote product safety, the law of product liability has developed as a specialized area of the law of delict (tort). The vexing question is, who should bear such liability? This contribution interrogates the notorious EU development risk defence, which exonerates manufacturers that meet certain stringent requirements for undiscoverable development risks in products that consequently inflict harm on consumers. In particular, it considers the election by South Africa, which recently adopted a “strict” product liability regime with the introduction of the Consumer Protection Act 2008, not to adopt such a defence. The purpose of this contribution is to consider the nature and scope of the development risk defence as contained in article 7(e) of the European Union (EU) Product Liability Directive and to determine whether it was prudent for South Africa to steer clear of incorporating a similar defence in its new statutory product liability regime.

South African municipalities are entrusted to perform various functions, including providing basic services to communities. Recently, the auditor-general has raised concern about municipalities’ overall functionality and ability to fulfil their obligations. Municipalities’ service delivery failures have led to disputes between them and their communities. Moreover, South African courts have drawn attention to the impact of service delivery failures and described their catastrophic and devastating effects on communities and their local economies. In addition, it is said that the consequences of these municipal failures are more severe for the communities than any other stakeholder. For this reason, communities require legal options to resolve such disputes. This article puts forward two legal options (and potentially a third) to which communities can turn. The article examines mediation and structural interdicts and argues why these options are suitable methods for resolving disputes between a community and its municipality.

Certainty is a cornerstone of every criminal justice system. In instances where controversy arises as to the application of any law, it is essential for it to be addressed promptly. Contrary to this need for certainty, there is judicial ambiguity regarding the mens rea for the offence of attempted murder in Botswana. There are cases which hold that the mens rea required is a specific intention to kill, and that nothing else suffices. However, some cases hold that an intention to cause grievous harm and recklessness are also sufficient. Unfortunately, the Court of Appeal, the apex court in Botswana, has made decisions that support each of these divergent positions. This article addresses the controversy of the mens rea for attempted murder in Botswana and argues that the Court of Appeal should resolve the issue by specifically overruling some of its previous decisions.

The year 2022 marked 30 years since Tanzania re-adopted multiparty democracy in 1992. The number of women parliamentarians has increased from 16 per cent after the multiparty elections in 1995 to 37.4 per cent after the 2020 elections. However, a significant share of women parliamentarians emanates from the special seats system, while only a small share of women hold directly elected seats. For example, in 2023, while women account for 37.4 per cent of the Parliament, only 9.8 per cent were elected from constituencies. This article studies the legal challenges facing women's access to directly elected parliamentary seats in light of 30 years of multiparty democracy in Tanzania. It finds that the legal gaps related to candidacy age, political affiliation, the applicable electoral system, governance of political parties, violence against women in political and public life, campaign financing and challenges related to the implementation of the special seats system hinder women's access to elected parliamentary seats.

This article questions the justification for restricting political party membership as a condition for receiving political service retirement benefits in Ethiopia (a restriction first imposed through the Administration of the President of the Federal Democratic Republic of Ethiopia Proclamation and endorsed in the Rights and Benefits of Outgoing Heads of State and Government, Senior Government Officials, Members of Parliament and Judges Proclamation). After reviewing relevant law, literature and comparative experience from Kenya and Tanzania, the article argues that prohibiting political party membership without a pressing need for non-partisan service is an unjust restriction on the right to freedom of political party membership. Benefits for retiring high-ranking government officials are part of the right to social security and should not be disallowed based on political party membership.