The National Sex Offenders Registry: Offenders’ Right to Privacy v The Safety of Potential Victims
Posted: 3 June, 2024 Filed under: Livhuwani Malelelo | Tags: convicted sex offender, gender-based violence, National Register for Sex Offenders, NRSO, POPIA, potential victims, pursuit of justice, right to privacy, sex offender, sexual crimes, sexual crimes against children, victimisation 1 Comment
Author: Livhuwani Malelelo
LLB candidate, University of Johannesburg
The National Register for Sex Offenders (NRSO) is a list of convicted sexual offenders and although South Africa has an alarming rate of gender-based violence, this list only contains the names of offenders of sexual crimes against children and mentally disabled persons, meaning that the main purpose of this registry is to protect children and mentally disabled persons from these types of offenders. This list is not open to the public but is only open to institutions such as preschools, schools, hospitals etc so they can check if an employee or potential employee is a convicted sex offender. This is so as to protect the offenders right to privacy. Unfortunately, the NRSO seemingly prioritises the right to privacy of the offenders instead of protecting potential victims of said offender.
Protecting African spirituality from stigmatisation: Reflections on the ongoing enquiry by the judicial conduct tribunal into Judge Nomonde Mngqibisa-Thusi’s conduct
Posted: 23 May, 2024 Filed under: Kodisang Bokaba, Konanani Happy Raligilia, Mametlwe Sebei | Tags: African jurisprudence, African spirituality, alleged misconduct, Bill of Rights, culture, Gogo Aubrey Matshiqi, indigenous African people, Judicial Conduct Tribunal, judicial responsibilities, Nomonde Mngqibisa-Thusi, physical isolation, right to religion, Universal Declaration of Human Rights 2 Comments |
Author: Konanani Raligilia Senior Lecturer, Department of Jurisprudence, UNISA |
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Author: Kodisang Bokaba Senior Lecturer, Department of Jurisprudence, UNISA |
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Author: Mametlwe Sebei Contract Lecturer, UNISA |
The question of African spirituality came into the spotlight at the Judicial Conduct Tribunal (Tribunal) into Judge Nomonde Mngqibisa-Thusi’s alleged misconduct for her failure to hand down over 20 judgments due to, among other factors, African spirituality. The Tribunal was held in-camera primarily because Judge Mngqibisa-Thusi was battling with health and personal issues. One of her witnesses was traditional healer, Gogo Aubrey Matshiqi, who testified that the “question of African spirituality must be put on the judicial agenda.” Indeed, African spirituality should not be viewed in isolation from the Constitution. The same Constitution makes provision for the right to religion, belief, and opinion in section 15(1) and to the enjoyment of everyone’s culture, practise their religion and use their language under section 31(1)(a) of the Bill of Rights respectively.
It’s not just you and me, and that’s okay
Posted: 20 May, 2024 Filed under: David Ikpo, Victoria Amaechi | Tags: African continent, Beverley Ditsie, Coming out, Coming out vs Coming home, fight against discrimination, gay, gender expression, heteronormative standards, homonormative, homophobia, Justice Edwin Cameron, lgbtq, Mark Gevisser, multi-institutional relationships, political incorrectness, queer, queer inclusivity, queer persons, queer rights, queer visibility, Sassoi of Ghana, sexuality, Simon Nkoli, The Pink Line, Zachie Achmat 1 Comment |
Author: Victoria Amaechi Centre for Human Rights, University of Pretoria |
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Author: David Ikpo Centre for Human Rights, University of Pretoria |
Queer visibility, and what it accomplishes, turns the social, cultural and legal wheels towards queer inclusivity in society, and is a great complement to the advancement of queer rights on the African continent and globally.
On the African continent, South Africa sets the tone for the merits of queer visibility, through the openly politicised lives of queer icons such as Simon Nkoli, Beverley Ditsie, Justice Edwin Cameron and Zachie Achmat. Other African queer icons have also emerged through their great work, such as Caine Youngman of Botswana; David Kato, Kasha Jaqueline, Richard Lusimbo and Frank Mugisha of Uganda; Abdellah Taia of Morocco; Rev Jide Macaulay and Uyai Ikpe-Etim of Nigeria; Alex Donkor of Ghana and Eric Lembembe of Cameroon. This list does no justice to the infinite number of queer persons within and outside of civil society and government, in the full glare of public visibility, who work tirelessly for queer inclusion on the African continent. This work is no mean feat, and for the most part makes the difference between whether or not a person returns at night to their families after a day’s work, or whether or not there is a family to return to. However, this is not true for all of us.
The rationality of the electorate as a catalyst for political change- Lessons from Senegal
Posted: 16 May, 2024 Filed under: Bonolo Makgale, Matthew Ayibakuro | Tags: Constitutional Council, corruption, democratic governance, diplomatic interventions, elections, political change, political dispute, President Mack Sall, presidential elections, Senegal, social media campaign, Sovereignty, systemic change, transfer of power Leave a comment |
Author: Bonolo Makgale Centre for Human Rights, University of Pretoria |
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Author: Matthew Ayibakuro Governance Adviser and Development Consultant |
The recent presidential elections in Senegal took place against a backdrop of constitutional disputes and widespread political fervour. This was after the Constitutional Council overturned former President Mack Sall’s decree postponing the election, declaring it unconstitutional. This election remains one of Senegal’s most historic. It signalled the end of Sall’s 12-year rule, and with 17 candidates vying to succeed him, it was the most competitive presidential race since Senegal’s independence from France in 1960. It also marked the culmination of a contentious political dispute over the date of the election, which began when Sall moved it to extend his term, sparking widespread protests and boosting support for the opposition.
The Status of Citizenship for Black Women in Post-Apartheid South Africa
Posted: 13 May, 2024 Filed under: Lesego Sekhu, Sinqobile Makhathini | Tags: African feminists, African women, apartheid, “face of poverty”, black women, discrimination, economic exploitation, heteropatriarchal systems, historical injustices, inequality, national oppression, post-colonial identity, racial division, South Africa, unemployment, women's rights 1 Comment |
Author: Lesego Sekhu Research Assistant, Centre for the Study of Violence and Reconciliation |
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Author: Sinqobile Makhathini Research Assistant, Centre for the Study of Violence and Reconciliation |
As we reflect on the celebration of International Women’s Month in March and motion towards the upcoming 2024 elections, which will be held on 29 May 2024, it is a significant time to critically reflect on Black women’s citizenship and positionality in post-apartheid South Africa.
Brief history
Historically, Black people have experienced second-class citizenry within the social, economic, and political landscape of South Africa. During apartheid, racial division was the primary strategy of ‘otherness’ that was exemplified by racialised citizen status that was reserved for white races, while the Black majority were systemically excluded from the imagination of the state. Equally, gender played a role in the divisions of labour, access to resources, and experiences of systematic violence that show apartheid as equal parts racial and equal parts gendered.
Climate change and children’s right to education: Exploring sustainable approaches to climate-induced heatwaves in South Sudan
Posted: 10 May, 2024 Filed under: Justin Monyping Ater | Tags: children’s right to education, children’s rights, climate change, climate change solutions, climate related deaths, climate resilient classrooms, closing of schools, heatwaves, human rights, South Sudan, South Sudan’s Constitution and Child Act 2008, sustainable strategies, United Nations Convention on the Rights of the Child 1 Comment
Author: Justin Monyping Ater
Law lecturer, School of Law, University of Juba, South Sudan
Introduction
South Sudan is increasingly becoming extremely vulnerable to climate change events such as excessive climate-induced heatwaves. Evidence suggests that this may be because the country falls under the category of the least developed Countries (LDC). These countries bear a greater burden of climate change’s adverse consequences than developed countries, yet they emit less greenhouse gases. This is because LDCs lack resources and the capacity to mitigate and adapt to climate change. The rationale also applies within a country. Each state has communities and individuals who are disproportionately vulnerable to climate change and its effects. For instance, as of 14, 15, and 16 March 2024, South Sudan’s government made considerable press releases spotlighting the disproportionate impacts of heatwaves on vulnerable groups such as children. This resulted in, for example, climate related deaths and consequently closing and re-opening of schools without strategies to keep the schools open and avoid the perpetual violation of children’s right to education. In light of this, it is argued that the government’s response of closing down schools was unsustainable. To avoid future interruption to learning, the government should adopt sustainable strategies such as the construction of climate resilient classrooms. However, in the meantime, children should be educated about climate change and its consequences to make them climate resilient. Following this introduction, the article discusses South Sudan’s obligation under international and national frameworks that provide basis for initiating and developing durable strategies to curb climate change and thereby protect children’s right to education.
Politics of polarisation
Posted: 8 May, 2024 Filed under: Azwi Netshikulwe, Tsholofelo Nakedi | Tags: African migrants, anti-migrant sentiments, apartheid politics, Corporate Social Responsibilities, electoral advantage, false narratives, hate speech, illegal migration, misinformation, regional instability, South Africa, violence, xenophobia 1 Comment |
Author: Azwi Netshikulwe Researcher – Migration for Development, University of Cape Town |
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Author: Tsholofelo Nakedi Community Advocacy Specialist, CSVR |
In recent years, the election period in South Africa has been a sensitive time, and it has, in some instances, exacerbated issues related to xenophobia and negatively impacted social cohesion within communities. This takes place within the context of a country like South Africa that has struggled with a culture of violence, which has its historical roots stemming from colonial and apartheid politics of divide and rule. Consequently, issues related to identity, race, and nationality often surface during election periods, leading to tensions and potential outbreaks of xenophobia. For example, political parties sometimes use divisive language and scapegoating tactics to rally their base and gain electoral advantage. In most cases, this political discourse includes blaming foreigners for unemployment, crime, or other social problems, which can stoke xenophobic sentiments among the South African populace. This is exemplified by the use of xenophobic rhetoric in certain party manifestos, where leaders prioritise addressing illegal migration.
Effect of prayer camps for people with psychosocial disabilities in Kenya
Posted: 29 April, 2024 Filed under: William Aseka | Tags: depression, evil spiritual forces, Father John Pesa, Kenya, mental disability, mental health, national disaster, Pastor Paul Mackenzie, prayer camps, Private Pentecostal churches, Prophet Owour, pyschosocial disabilities, religious retreats, Shakahola Massacre, violation of the rights, witchcraft Leave a comment
Author: William Aseka
Human Rights Lawyer
In Kenya, popular beliefs associate mental disability with paranormal phenomena or spiritual manifestations. Prayer camps set up by pastors offer care to mentally disabled people and their families. In these camps, as it will be discussed in detail in this article the “care” provided is not appropriate in terms of the standards and protocols of mental health services. According to a World Health Organisation report, in 2017, Kenya was ranked fifth among African countries with elevated cases of depression. The study found that at least two million people suffer from depression. In addition, Kenya has one general hospital (Mathari National Teaching and Referral Hospital) and 14 psychiatric units in general hospitals capable of treating mental health conditions. It is also estimated that Kenya has about 116 psychiatrists for a population of about 50 million. This translates to one psychiatrist serving at least 400,000 people with mental disabilities.
President Mayardit shouldn’t run in the 2024 election: 3 compelling reasons
Posted: 25 April, 2024 Filed under: Mark Deng | Tags: 2024 election, civil war, communal conflicts, deadly violence, democratic right, epidemic of insecurity, incidents of violence, outbreak of violence, population census, President Mayardit, revitalised agreement, South Sudan, Transitional Period, Unification of forces Leave a comment
Author: Mark Deng
McKenzie Postdoctoral Research Fellow, University of Melbourne, Australia
In my recent article, I discussed how President Salva Kiir Mayardit has vowed to hold the first election in South Sudan in 2024. In this article, I argue that he shouldn’t run in the election. I provide 3 compelling reasons to justify my argument: President Mayardit’s overstay in power, the need for the country to heal without him in power, and his apparent poor health.
Sexual and gender-violence against women in the Sudanese conflict
Posted: 22 April, 2024 Filed under: Joris Joël Fomba Tala | Tags: conflict, gender-based violence, human rights, International Covenant on Civil and Political Rights, International Humanitarian Law, rape, Rapid Support Forces, refugee women, reproductive health, Sexual and gender-violence, sexual violence, socio-economic development, Sudan, Sudanese conflict, torture, United Nations Convention against Torture and Other Cruel and Degrading Treatment or Punishment, women’s rights Leave a comment
Author: Joris Joël Fomba Tala
Researcher, Centre for International and Community Law
Introduction
The conflict that broke out in Sudan (Republic of Sudan) on 15 April 2023 between two rival military factions has had disastrous consequences for women. Dubbed the “war of the generals”, the conflict pits Sudan’s armed forces against the Rapid Support Forces (RSF). In its 2024 report, UNFPA said it was very concerned about the escalation of cases of gender-based violence in the Sudanese conflict. This particularly alarming against the background of an already dire situation of women’s rights in Sudan before the outbreak of hostilities, as the Special Rapporteur on violence against women reported about Sudan in 2016. Almost a year after, the fighting continues in the main cities of Sudan, but the fact remains that Sudan still has no functioning government. UN Women says it is “shocked and condemns reports of increasing gender-based violence in Sudan, including conflict-related sexual violence against women and displaced and refugee women”. In the same vein, UN Women Africa expressed its deep concern about the serious consequences of the Sudanese conflict on women and girls and called for immediate action against the violence they face. However, in a context of armed confrontation, it is undeniable that both parties do not respect international legal standards and commit serious violations against women and girls. This article discusses the application of the relevant legal rules for the protection of women applicable to the Sudanese conflict. The first section will identify these rules. The article will then analyse the various forms of sexual and gender-based violence prevailing against women and finally make proposals for better protection of women in the Sudanese conflict.
AfricLaw 