Human Rights are Inherent to Every Human, or are They?

ANALYSIS Gift Mauluka 28 January 2022 Climate change has many impacts on children’s rights. In many cases of extreme vulnerability, such as situations of child labour, those impacts are even more profound. This blog piece attempts to unpack the connections between child labour and climate change. Having established these connections, I then look at the…

Access to Mining Rights in South Africa: Laying the Foundation of the Principle of Informed Consent

ANALYSIS Ange-Dorine Irakoze The regime of mining ownership in the South African Mineral and Petroleum Resources Development Act 2002 (MPRDA)[1] is founded on State’s custodianship rights. Under this custodianship, the State regulates mineral resources as common property for all South Africans. The Minister for Mineral Resources and Energy has the power to grant mineral licenses…

‘Good Order’ as Basis for Conducting Data Protection Impact Assessment during Transitional Periods

ANALYSIS Nelson Otieno 21 January 2022 Registration of Persons Act[1] is the legislation that provides for registration of Kenyans who have attained the actual or apparent age of eighteen years or over. The Act empowers registration officers to issue National Identity Cards as evidence of registration. Sometime in 2018, the Government of Kenya passed the…

Breaking New Legal Ground. Botswana on the rise in the protection of LGBTQI+ rights

ANALYSIS Isabelle Zundel 14 January 2021 Botswana’s jurisdiction is well-known for its past ground-breaking decisions and thereby courageous commitment to protect human rights[1]. With the recent decision “Letsweletse Motshidiemang v The Attorney-General (LEGABIBO as amicus curiae)” Botswana’s jurisdiction has once more broken new legal grounds for the country and beyond. In 2019, the High Court…

The Wheels of Change of Constitutional Law and Constitutionalism in Africa – The BBI Court of Appeal Judgment in Kenya

ANALYSIS Jan Maina 07 January 2022 The Kenyan Constitutional Civil Appeal Case of Independent Electoral and Boundaries Commission & 4 others v David Ndii & 82 others[2021] commonly referred to as the Building Bridges Initiative (BBI) judgement, certainly impacts the constitutional jurisprudence within Kenya and Africa at large[1]. By declaring a presidential constitutional amendment unconstitutional…