Relearning conflict-related sexual violence: expanding the lens of violence
Posted: 16 January, 2025 Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: conflict-related sexual violence, gender-based violence, human rights violations, humanitarian crises, intimate partner violence, IPV, militia, Palestine, peacebuilding efforts, post-conflict IPV, rebels, sexual violence, soldiers, South Sudan, Sudan, the Central African Republic, the Democratic Republic of the Congo, Transitional Justice, Uganda, Ukraine 1 Comment
Author: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
Given the severity of conflict-related sexual violence during intra-state and inter-state conflicts in the last decade, transitional justice and peacebuilding efforts have directed resources to investigating this form of sexual and gender-based violence. They aim to create measures to both prevent and address the consequences of these atrocities. Notwithstanding the intention, the conventional understanding of conflict-related sexual violence is flawed and neglects the continuities and diversity of violence that permits continued impunity for sexual and gender-based violence during conflict.
Decolonising “African values”: The future of LGBTQ+ pride and rights
Posted: 31 October, 2024 Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: ACHPR, African Commission of Human and Peoples’ Rights, African countries, African values, anti-rights groups, discrimination, homophobia, homosexuality, human rights violations, LGBTQ+, political persecution, Pride Month, sexual orientation, social exclusion, South Africa Leave a commentAuthor: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
October marks Pride Month in South Africa. Historically, Pride in this country and, more broadly, the rest of the continent has been used for political advocacy, protesting against discrimination and political persecution, and reaffirming LGBTQ+ people’s rights. In the spirit of “leaving no one behind”, this year, our Pride agenda should include radical solidarity with LGBTQ+ people in other African countries who face a growing anti-rights movement specifically targeting LGBTQ+ and other sexually diverse and gender-diverse people.
Practical challenges facing National Human Rights Institutions (NHRIs) in Southern Africa: A case of South Africa and Zimbabwe
Posted: 28 October, 2024 Filed under: Namatirayi Ngwasha, Zororai Nkomo | Tags: constitutionalism, corruption scandal, democracy, financial constraints, human rights, jurisprudence, Lancaster House Constitution, Lawrence Mushwana, National Human Rights Institutions, Nkadla debacle, Oilgate Scandal, Paris Principles, political interference, South Africa, Zimbabwe, Zimbabwe Human Rights Commission, Zimbabwe Human Rights Commission Report Leave a comment
Author: Zororai Nkomo
Centre for Human Rights, University of Pretoria
Introduction
The world over, states have the primary responsibility of ensuring that human rights are respected, protected and fulfilled. As entities who negotiate and ratify international human rights instruments, and they must create safeguard mechanisms for people to enjoy these rights.[1] States often establish national human rights institutions in line with the Paris Principles as part of the institutional architecture for the fulfilment of their international human rights obligations. In this regard in 2014, the South African Human Rights Commission Act 40 of 2013 was enacted to replace the Human Rights Commission Act 54 of 1994.[2] The coming into force of this new Act witnessed the expansion of the powers of the commission in line with the Paris Principles.
Criminalisation of homelessness and poverty by Zimbabwe’s Vagrancy Act Unconstitutional and against the African Charter
Posted: 2 October, 2024 Filed under: Namatirayi Ngwasha, Zororai Nkomo | Tags: AfCHPR, African Court on Human and Peoples’ Rights, Constitution of Zimbabwe, criminal justice system, Criminalisation, criminalisation of poverty, freedom fighters, homeless, homelessness, human rights, inequality, inhumane and degrading treatment, injustice, poverty, racism, slavery, unjust laws, vagabonds, vagrancy laws, Zimbabwe, Zimbabwe’s Vagrancy Act Leave a commentAuthor: Zororai Nkomo
Centre for Human Rights, University of Pretoria
In the mid-1960s, Zimbabwe prosecuted a protracted liberation struggle officially dislodging the colonial government of Ian Smith in 1980. One of the liberation struggle’s philosophical underpinnings was to do away with unjust laws and all forms of segregation, inequality, injustice, and freedom of blacks.
Despite all the invaluable efforts by freedom fighters, Zimbabwe is among countries in Africa that are administering an archaic, draconian, and segregative colonial piece of legislation – the administration of vagrancy laws in the criminal justice system- the Vagrancy Act Chapter 10:25.
Narratives of Belonging: The Case of Chidimma Vanessa Adetshina
Posted: 30 September, 2024 Filed under: Namatirayi Ngwasha, Zekhethelo Cele | Tags: Aliens Control Act of 1973, belonging, birth country, Chidimma Vanessa Adetshina, cultural authenticity, debate on identity, Department of Home Affairs, dual heritage, dual identities, heritage, human rights, identity fraud, Immigration Act in 2002, immigration laws, immigration policies, Miss South Africa pageant, national identity, nationality, race, second-generation migrants, social exclusion, socio-economic challenges, The South African Citizenship Act of 1995, tribal affiliations, xenophobic violence 6 Comments
Author: Zekhethelo Cele
LLM Candidate, Centre for Human Rights, University of Pretoria
Chidimma Vanessa Adetshina’s nationality has sparked a significant debate on identity, belonging, and representation between South Africa and Nigeria. Allegedly born in South Africa to a Nigerian father and a Mozambican mother, Chidimma’s story resonates with many second-generation migrants who grapple with dual identities and the challenges of being fully accepted in their birth country while maintaining a connection to their heritage.
Recently crowned Miss Universe Nigeria 2024, Chidimma’s journey has been marked by both triumph and controversy. Her participation in the Miss South Africa pageant faced backlash, with some South Africans questioning her nationality and prompting an investigation by the Department of Home Affairs. The Department suggested that Chidimma’s parents might have obtained South African citizenship fraudulently, with her mother allegedly using an identity number assigned to a South African woman. This led to Chidimma’s withdrawal from the Miss South Africa pageant and set the stage for her subsequent victory in Nigeria.
Redefining criminal defamation laws in South Sudan for enhanced press freedom: Lessons from Konaté v. Burkina Faso
Posted: 27 September, 2024 Filed under: Mayen Mangok Ruop, Namatirayi Ngwasha | Tags: article 19 of the International Covenant on Civil and Political Rights, article 66(2)(c) of the Treaty of the Economic Community of West African States (ECOWAS), article 9 of the African Charter on Human and Peoples’ Rights, civil remedies, criminal defamation, criminal defamation laws, criminal penalties, cybercrime, defamation laws, disinformation, freedom of expression, hate speech, international human rights standards, Konaté case, Lohé Issa Konaté, media freedom, misinformation, press freedom, South Sudan Leave a comment
Author: Mayen Mangok Ruop
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Despite a global shift toward decriminalisation, 160 countries still maintain criminal defamation laws. These laws are often justified as targeting disinformation, misinformation, cybercrime, or hate speech. However, they frequently include vague language or impose disproportionate punishments, which can negatively impact media freedom and pose a broader threat to freedom of expression. While a few African countries have adopted the decriminalisation regimes, many countries still maintain strict defamation laws. In South Sudan, criminal defamation is frequently used for stifling journalists and restricting press freedom, thereby obstructing the nation’s democratisation efforts.
ICTs and Access to judicial remedies during the COVID-19 era
Posted: 6 July, 2023 Filed under: Namatirayi Ngwasha | Tags: African countries, CaseLines, COVID-19, e-filing systems, Electronic Case Management System, ICT functions, ICT technologies, IECMS, lack of consistency, legislation, lockdown measures, National Judicial Council Guidelines, teleconferencing, videoconferencing Leave a comment
Author: Namatirayi Ngwasha
Lawyer
COVID-19 and access to the courts
The increase in the number of COVID-19 cases in 2020 forced many countries in Africa to resort to the adoption of lockdown measures. Operational changes that were made included amending court rules and operating procedures. Technological methods used include video conferencing and live broadcast to ensure public access to hearings. In some instances, the number of staff coming to work was cut or staff had to work on rotational bases at the courts to enable social distancing. As a result, some of the cases fell off the court system and there was lack of consistency of handling cases due to the rotation of court staff.
The paper seeks to investigate how access to the courts was affected by the COVID-19 pandemic and how the different courts adapted.
AfricLaw 