Rapid and radical digitalization and the “fourth industrial revolution” are generally associated with progress, but also pose significant risks to privacy rights and democracy. This article proposes a public law reading of the South African Constitution to respond to the dangers posed by disruptive technological change, in light of the constitution's rights-orientated and rule-of-law-centred approach to interpreting the right to privacy. It examines the legal resources available in the South African legal system and, specifically, its constitution. The article emphasizes the way South African privacy jurisprudence infuses the right to privacy with the value of dignity, and how this allows an interpretation that sees privacy as a public, as well as private, right. The article concludes that this rights jurisprudence, alongside the constitutional principles of proportionality, subsidiarity and supremacy, has established a working foundation to articulate the right to privacy in a way that is suitable in the digital age.

Following a public outcry about Eric Aniva being hired to have sex with children, he was arrested, tried and convicted of attempting to engage in a harmful practice and also of engaging in a harmful practice, contrary to Malawi's Gender Equality Act. Aniva's trial attracted significant public attention and highlighted kulowa kufa, the cultural practice at the centre of his trial. This article revisits Aniva's trial. By focusing on the operation of the law in judicial processes as well as the dynamics of judicial decision-making, it demonstrates and concludes that Aniva's trial may have been compromised. Specifically, the article analyses the state's failure to identify and parade material witnesses notwithstanding the alleged multiplicity of Aniva's victims, the role of the media in the trial as well as the probable effects of the trial court's selective recourse to international human rights standards.

The Kampala Convention is a global first, yet, over a decade since it came into force, Africa hosts more than half of the world's internally displaced persons (IDPs). This article explores how the Kampala Convention could mitigate internal displacement by asking which of the enforcement mechanisms in the convention would work best to protect and advance durable solutions for IDPs in Africa. The convention adopts a state obligation model and contains judicial and non-judicial enforcement mechanisms. Evaluation of these mechanisms reveals some flaws, including the unclear mandate of the Conference of States, an inoperative African Court and private actors lacking locus standi. The article argues that some amendments to the convention are necessary to foster enforcement. Literature on internal displacement in Africa from an enforcement perspective is limited, so this article makes a significant contribution.

The statutory formulation of the rules of evidential admissibility in African jurisdictions can be characterized into two, positive and negative, broad categories. This article uses the Sowetan trope of a pair of conjoined twins, popularly known as Mpho le Mphonyana in South Africa, to analyse these two formulations with a view of exposing eight doctrinal, institutional and theoretical fallacies associated with these (English) common law colonial inheritances in Africa. The continued, and popular, focus on the Euro-American world by African Evidence scholars, notwithstanding the prevalence of these kinds of fallacies, raises serious questions not only about the scholarly and institutional future of African jurisdictions, but also about what precisely Africans think of themselves in a world that renders them largely invisible for scholarly purposes.

In 2003, the Botswanan Court of Appeal decided in Kanane v The State that discrimination on the basis of sexual orientation was not proscribed by the Botswanan Constitution because no evidence had been adduced showing that the society of Botswana was ready for gay individuals. After sixteen years, things changed: in 2019, in Letsweletse Motshidiemang and LEGABIBO (as amicus) v The Attorney General, the High Court held that the law criminalizing anal intercourse violated the fundamental rights of gay people. In 2021, the Court of Appeal upheld the High Court decision. This commentary briefly examines these three decisions. It argues that Kanane gave too much weight to public opinion to the detriment of constitutional interpretation. Through a robust approach to generous interpretation of fundamental rights, the Motshidiemang decisions partly remedied the flaw in Kanane. However, judicial clarification is still required on some aspects of the decision.

Article 32(3) of the Constitution of Uganda (1995) establishes the Equal Opportunities Commission; section 14 of the Equal Opportunities Commission Act provides for the functions of the Commission. These include ensuring that the laws, policies and customs of both public and private entities are not discriminatory and do not marginalize any person or deny him / her equal opportunities. The Commission has handled a few complaints dealing with discrimination, affirmative action, marginalization and impairment of equal opportunities. I rely on the drafting history of the Act, among other sources, to argue, inter alia, that the list of prohibited grounds of discrimination under the Act is exhaustive and that the Commission does not have jurisdiction to deal with complaints alleging discrimination on some grounds. I demonstrate that the Commission has been inconsistent in its definition of discrimination and in dealing with remedies where it has found instances of discrimination, marginalization or denial of opportunities. In some cases, the Commission has blurred the distinction between discrimination and marginalization.

The act of whistleblowing is not common in Nigeria; this can be attributed to the cultural norms of Nigerian society where deference is paid to those in positions of power and it is often viewed as taboo to speak up against them. This problem of not speaking up is further compounded by the lack of robust whistleblowing legislation which protects whistleblowers from reprisals. The need to protect whistleblowers was brought to the forefront after the implementation in 2016 of the Nigerian stopgap policy on whistleblowing, leading to the Whistleblower Protection Bill proposed in 2019, legislation that seeks to provide wider protection to whistleblowers. This article examines this bill, identifying its limitations; it does not rehash previous scholarly debates about whether incentives are necessary, but rather focuses on bringing the Nigerian perspective to the fore, thus contributing to the existing literature in this area.

Section 159 of the South African Companies Act 71 of 2008 regulates corporate whistleblowing in companies registered under the act. This article critically evaluates section 159 to ascertain whether it adequately protects and encourages corporate whistleblowers. It compares this section with the whistleblower provisions in the Australian Corporations Act 2001, which have strongly influenced section 159 and which were recently reformed, and argues that in the light of the distressing levels of corporate corruption, the low reporting rates of wrongdoing and the widespread victimization of whistleblowers, there is a pronounced need to protect corporate whistleblowers in South Africa. It contends that section 159 does not go far enough in protecting and encouraging corporate whistleblowers, and calls for numerous important reforms to be urgently made.

Indigenous or traditional knowledge (TK) systems are the springboard of authentic African innovation and creativity. However, there has been no adequate attempt to determine whether Africa internalizes its comparative advantage in Indigenous knowledge systems in its continental frameworks for socio-economic and development collaboration and aspirations. Despite TK's presumed significance and Africa's proactive promotion of Indigenous knowledge in international fora, TK is treated marginally in key instruments, perhaps as a legacy of colonially entrenched contempt for Indigenous knowledge systems. For Africa to effectively participate in the science and technology revolution, it is necessary to have an introspective and critical appraisal of the present traction around Indigenous knowledge, which is a logical starting point for effective science, technology and innovation policy-making in furtherance of African socio-economic and development collaboration in the knowledge economy.

Child labour is prevalent in both developed and developing countries and has become a global concern. This is because of the negative impacts that it has not only on the human rights and fundamental freedoms of children, but on their development and health due to possible exposure to hazardous substances. This article interrogates the magnitude of the problem of child labour in the gold mines of Uganda and seeks to highlight the gaps in the existing legal framework on the protection of Ugandan children from hazardous labour. It asserts that although poverty and a failed educational system are believed to be the root causes of child labour in Uganda, weak and inefficient laws coupled with a lack of coordination between institutions responsible for protecting the child contribute equally. Thus there is need for political will by the government of Uganda to help prevent the problem.

The 2016 amendments to the Constitution of Zambia 1991 have transformed Zambia's constitutional order in many respects. Among other transformative provisions, the Constitution now requires everyone seeking elective public office to have, as a minimum qualification, a grade twelve certificate or its equivalent. This article examines the rationale for this requirement, as judicially interpreted, through the lens of the right to run for election. The article's core argument is twofold. First, that the requirement is an unwarranted restriction on the right to run for election and cannot be justified when considered in its relevant context. Secondly, that the Constitutional Court of Zambia's recent interpretation of the requirement further limits the right to run for election and in turn narrows the field of candidates from which voters may choose, potentially depriving the country of resourceful political leadership. The article concludes with a call for reform.

The law on the availability of restitution in the context of illegal contracts is unclear. Several irreconcilable approaches have been proposed at common law in search of a solution to the question of whether or not a party to an illegal contract who has benefitted from the contract has any right to restitution. This article examines the Ghanaian judicial approach and ascertains the extent to which it sheds light on this difficult issue. It does so by examining the evolution of judicial solutions in English common law and, in that context, evaluating the approaches adopted by the Ghanaian courts.

The Geneva Conventions have achieved universal ratification, and Additional Protocols I and II are binding on all African states except Eritrea and Somalia; however, their observance in African conflicts is flawed and inconsistent. From deliberate attacks on civilian populations to abduction and hostage-taking, humanitarian rules are openly flouted. Through an extensive assessment of the domestic measures required to implement the Geneva Conventions and Protocols in Africa, this article identifies the current level of implementation, existing gaps and possible non-legal factors that impact respect for the instruments in African conflicts. Violations are often associated with historical, political, religious and social factors that tainted the instruments’ lofty provisions and bequeathed a legacy that challenges the obligation to respect. Additionally, continuous political and religious struggles and the search for identity and relevance have displaced the ideals of the instruments’ humanitarian provisions. Reversing this trend requires an approach that appeals to and engages the continent beyond the traditional argument of obligation to respect.

In Nworika v Ononeze-Madu, the Nigerian Supreme Court upheld the decision of the lower court, denying the appellant standing to challenge the decision of the Imo State government. This highlighted the position of Nigerian courts on the rule of locus standi, which denies access to justice for many Nigerians who seek a court order to declare a law unconstitutional or to challenge the actions of the government or its agencies. This article examines the context of the application of the rule of locus standi before Nigerian courts and argues that the decision of the Supreme Court in Adesanya v President of Nigeria, which is the classic authority on the strict rule of locus standi in Nigeria, is outdated in the context of contemporary human rights development and that Nigerian courts can learn from the Indian courts that have discarded the strict application of the rule of locus standi through judicial activism.

This article examines the Kenyan legal and policy framework as well as jurisprudence on the principle of free, prior and informed consent (FPIC) occasioned by the decision of the African Commission on Human and Peoples’ Rights (African Commission) in Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Republic of Kenya (Endorois) and the judgment of the African Court on Human and Peoples’ Rights (African Court) in the case of African Commission on Human and Peoples’ Rights v Republic of Kenya (Ogiek). The main objective of this article is to examine the development and level of operationalization of the principle of FPIC in Kenyan domestic law and policy using the Endorois and Ogiek standard. It examines how the Kenyan domestic legal system has responded to these regional and international developments on FPIC and its operationalization.

At the end of apartheid, the South African government adopted laws regulating civil society that are widely seen as “good” laws: laws designed to encourage and facilitate a thriving civil society sector. In 2019 the Ethiopian government repealed the repressive, decade-old Charities and Societies Proclamation and replaced it with a much more open and permissive regulatory system, also aimed at facilitating a thriving civil society sector. This article compares South Africa's post-apartheid civil society organization (CSO) laws with Ethiopia's 2019 law, to examine the different and overlapping ways in which these regimes attempt to advance the interests of CSOs against an historical background of state oppression. In doing so, it examines what “good” regulation of CSOs constitutes in practice and finds that there are significant limits to the effectiveness of regulatory change in addressing the many, complex problems CSOs face, especially in the wake of political and legal oppression.

On the 70th anniversary of the UN Refugee Convention, this article examines the concept of solidarity and explains its relevance today, through the lens of the Global Compact on Refugees (GCR). While stressing the potential as well as the challenges for thorough implementation of the solidarity mechanisms established by the GCR, the article argues that regional organizations may contribute to meeting the GCR objectives. This is particularly urgent for regions that are most affected by migratory flows. In proposing new ways of approaching the concept of solidarity, the article suggests that the African Union strengthen mechanisms other than the physical sharing of refugees, including pooling resources to support states experiencing large influxes of refugees. In addition to a system of financial support for refugee protection, the article also recommends that the European Union ensures safe channels for arrivals and a more robust resettlement programme, to help realize the GCR objectives.

The importance and contribution of derivative litigation to the effectiveness and credibility of a jurisdiction's corporate governance system is indisputable. There is a positive correlation between good corporate governance practices, which include shareholders’ rights, and investors’ return on their investments. On the one hand, an overly pro-shareholder derivative scheme is vulnerable to abuse and results in unnecessary interference with company management. This may, in turn, discourage directors from entrepreneurial risk-taking and undermine enterprise efficiency. On the other hand, a complex and ineffective system of derivative litigation protects errant directors and decreases investor confidence. This article is a critical assessment of Zimbabwe's recently adopted statutory derivative remedy. The analysis focuses on five locus standi-related aspects of the new statutory derivative regime. The article highlights some major weaknesses within Zimbabwe's statutory remedy and proposes pertinent legislative amendments.

This article examines the framework of Nigeria's local content laws and policy, and the implications for sustainable development. The legislation is geared towards safeguarding local productivity and aiding the progressive aspirations of Nigeria's citizens. While commendable in principle, there have been questions about policy articulation, implementation and enforcement mechanisms, especially with regard to the Sustainable Development Goals. The article examines the local content legislation in Nigeria, and how policies have shaped the community-corporate nexus. This exposes the challenges facing extractive resource governance in a jurisdiction such as Nigeria and the discourses that have permeated legal scholarship on the practical deference to local content by non-state actors. It considers that well designed and implemented local content requirements are catalysts for structural development. To achieve sustainable development of its extractive sector, Nigeria requires state-led determination to stimulate economic growth and development. The article argues for continuous consultation as a bedrock for meaningful engagement.