2021 local government elections, voter education and COVID-19 in South Africa

Author: Paul Mudau
Senior Lecturer in the Department of Public, Constitutional and International Law at the University of South Africa

Local government is the sphere of government that is closest to the people and represents the front line of service delivery. Holding competitive, periodic, inclusive and definitive elections at the local level strengthens democracy. The competitive component of local democratic elections indicates that political party and ward candidates may criticise the party or coalition that governs the municipality, and other party and ward candidates openly. They may suggest alternative policies and candidates to voters. Decisions of locally elected representatives directly affects the local communities. Failure to satisfy voters may result in the governing local public representatives being voted out of office in the next (periodic) elections. On the other hand, good performance often comes with a reward, getting re-elected into office. Thus, ideally, conditions at the local level forces and entices locally elected public officials to accounts to the needs of local communities.

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The transitional national legislature is to be transformed into a constituent assembly to adopt the ‘permanent’ constitution of South Sudan, but what does this mean?

Joseph-Geng-AkechAuthor: Joseph Geng Akech
South Sudanese human rights lawyer and LLD candidate, University of Pretoria, South Africa

Introduction

The Republic of South Sudan embarked on its ‘permanent’ constitution building process which is a critical part of the peace process. The Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan (R-ARCSS) puts forward mechanisms and institutions for achieving such ambition. These institutions include the Constitutional Drafting Committee (CDC),[1] National Constitutional Review Commission (NCRC), Preparatory Sub-Committee, National Constitutional Conference (NCC) and the reconstituted transitional national legislature (Council of States and Transitional National Legislative Assembly) acting as a constituent assembly. The R-ARCSS establishes the above institutions with varying powers and degree of influence on the constitution building process.

This article focuses on the role of the reconstituted national legislature – bicameral chambers composed of Council of States and Transitional National Legislative Assembly. According to the R-ARCSS, these two houses of parliament are to be transformed into a Constituent Assembly to adopt, in a joint session, the Draft Constitutional Text passed by the National Constitutional Conference.[2]

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Shrouded in mystery: the Nigerian budget and the challenge of implementation

Abasiodiong-Ubong-UdoakpanAuthor: Abasiodiong Ubong Udoakpan
LLM Candidate, Olabisi Onabanjo University, Nigeria

The Budget as one important economic policy instrument at the disposal of the Government is key to the attainment of the economic prosperity of the people. However, the gap between its initiation and full implementation to attain economic prosperity has been of serious concern to researchers and Nigerians alike. It is one thing to propose a budget and another to implement the proposed budget to the extent that it attains the goals of economic growth and development. In recent times, the focus on the budget has assumed greater prominence because of increasing democratisation, civil society participation and the desire to respond to developmental challenges of poverty.

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To be a healthy democratic state, Ethiopia needs Stability through Peace and Security, Inclusive Development, and Good Governance.

Henok-KebedeAuthor: Henok Kebede
Lecturer, School of Law at Hawassa University, Ethiopia

Ethiopia is at a crossroads. Despite recorded double-digit economic growth for more than a decade, the arguably slight opening of the political space and the increasing awareness of citizens about their rights and duties, the absence of a clear path to democracy through an institutionally designed system put Ethiopia at the crossroad. Though Prime Minister Abiy Ahmed pledged to reform Ethiopia’s authoritarian state, recently, Ethiopia is going through a hysterical period of political uncertainties whereby one cannot easily venture where the country is heading. Some suggested that Ethiopia is on the right track to democracy, and Abiy Ahmed is playing the dominant role. Others reject the idea that Ethiopia is getting into democracy, saying the reform government is just as undemocratic as its predecessors; it is instead an ‘old wine in a new bottle’.   

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Time to consider decriminalising homosexuality in Ethiopia

Rehim-Baharu-ElalaAuthor: Rehim Baharu Elala
Intern, Ethiopian Community Development Council

LGBT data in Ethiopia

Ethiopia revised its Criminal Code in 2004 and criminalised homosexual or indecent acts both between men and women,  with those convicted facing terms of imprisonment.[1] Same-sex acts will be punished with imprisonment of not less than a year, or in ‘grave’ cases, rigorous imprisonment of up to 15 years.[2] The justifications for criminalising the acts are mostly associated with the strict societal norms and religion.

There is no study or research conducted to know the exact number of LGBTQ people in Ethiopia. I interviewed two members of the LGBTQ in Ethiopia who are working in legal and health professions when I was writing a Seminar Paper for my LGBTQ Health Law and Policy class.[3] My informants told me that the estimate data shows that there are around 50,000-60,000 people who identify themselves as LGBTQ in the capital Addis Ababa alone.[4] They also stated that the major source of the anti-gay sentiment originates from the religious authorities.[5] This is because homosexuals are always portrayed in a dangerous manner by the religious institutions as child abusers and destroyers of Ethiopian values.[6] An Ethiopian law professor states the influence of religious groups in the following words:

“There is complete silence around LGBT experiences because there is no forum for stories about the violence meted out by the state and family members on a day-to-day basis… My biggest fear is that these religious organisations are monopolising the conversation and perpetuating a fear that is becoming impossible to combat.”[7]

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