Licence denied: The legal roadblocks facing deaf drivers in Africa – Reflections on Musukwa & others v Road Transport and Safety Agency
Posted: 30 June, 2025 Filed under: Jeff Barker, Michael Gyan Nyarko | Tags: adequate standard of living, African Charter, Convention on the Rights of Persons with Disabilities, CRPD, deaf drivers, dignity, disability, equal protection of the law, freedom of movement, human rights, human rights instruments, limitation of rights, public safety, right to employment, right to non-discrimination, Supreme Court of Zambia 1 Comment |
Author: Jeff Barker Intern, Institute for Human Rights and Development in Africa |
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Author: Michael Gyan Nyarko Deputy Executive Director, Institute for Human Rights and Development in Africa (IHRDA) |
Introduction
In a 2024 decision the Supreme Court of Zambia denied an application by three deaf drivers who had taken Zambia’s licensing authority to court.[1] The applicants argued that they were refused a drivers licence solely on the basis of their disability. Surprisingly, the Supreme Court of Zambia found that the licencing process was not discriminatory, and, therefore, there was no need for the government to justify a limitation of rights. The refusal to issue driver’s licences to deaf individuals has implications on several rights, including the right to non-discrimination and equal protection of the law, dignity, freedom of movement and the right to employment and an adequate standard of living, among others. The decision of the Supreme Court of Zambia therefore raises several human rights issues which are more extensively discussed by the authors in a forthcoming journal article. In this brief piece, we share some reflections on the limitation of rights under the African Charter and in particular what would be required of a state, within the African regional human rights system, to justify limiting the rights of deaf drivers?
Confronting Digital Hate: Africa’s Legal and Ethical Response to Hate Speech
Posted: 18 June, 2025 Filed under: Hlengiwe Dube | Tags: #NoToHate, AI, Artificial intelligence, communication landscapes, Countering Hate Speech, cyber-harassment, cyberstalking, Declaration of Principles on Freedom of Expression and Access to Information in Africa, discrimination, freedom of expression, gender equality, gender-based violence, gender-sensitive enforcement mechanisms, hate speech, hateful messages, hostility, human dignity, interconnected digital age, International Day for Countering Hate Speech, new technologies, peacebuilding, printed propaganda, sexist hate speech, UN Strategy and Plan of Action on Hate Speech, violence, vulnerable groups 1 Comment
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
Every year on June 18, the world comes together to observe the International Day for Countering Hate Speech, a solemn reminder that words can wound deeply and sometimes irreparably. Hate speech is not a new problem. Throughout history, language has been weaponised to demean, divide, and destroy, but today, in our interconnected digital age, the scale, speed, and sophistication of hate speech’s spread are unprecedented. This is especially true in Africa, a continent marked by extraordinary diversity in ethnicity, religion, culture, and language, where hate speech can quickly inflame tensions and threaten peace. The devastating consequences of hate speech in Africa are not merely theoretical. The 1994 Rwandan genocide stands as the darkest example, where incendiary radio broadcasts and printed propaganda dehumanised the Tutsi minority, turning words into deadly action. This tragedy also became a powerful lesson in the importance of vigilance, legal safeguards, and coordinated responses to hateful rhetoric.
Approval of special leave for ukuthwasa by the City of Tshwane signifies a notable transformation in employment law in relation to the recognition of African spirituality.
Posted: 5 June, 2025 Filed under: Kodisang Bokaba, Konanani Happy Raligilia, Rorisang Thage, Tendani Musekwa | Tags: African customary law, African People, ancestors, and traditional learning journey, City of Tshwane, Dlozi, Indigenous practices, initiation process, labour laws, medications and herbs, paid academic leave, progressive development, Sedimo, South Africa, special leave, spiritual calling, traditional healers, ukuthwasa, Vhadzimu Leave a comment|
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Konanani Raligilia |
Kodisang Bokaba |
Rorisang Thage |
Tendani Musekwa |
The City of Tshwane has recently approved a policy that provides special leave for employees who need to undergo ukuthwasa. Ideally, ukuthwasa is a process that involves the spiritual calling of people who were chosen by the ancestors to undergo the initiation process, which results in becoming traditional healers. This is a significant approval in South Africa, especially from a government institution. The announcement is a positive and progressive development from an employment law perspective. It also aligns with the Constitution’s values, recognising African customary law and indigenous practices. It addresses the issues related to the Indigenous practices of African people, particularly concerning the ongoing victimisation of those undergoing spiritual training. In contrast, individuals who pursue Western academic training continue to enjoy a recognised status in the workplace. We must shift our perspective to recognise that while the matter at hand is spiritual, the ukuthwasa journey is centred on learning. Therefore, it is important first to define and clearly understand what a spiritual calling is.
AfricLaw 