The Strange Alchemy of Life and Law by Albie Sachs – French Edition
Posted: 28 December, 2021 Filed under: Emmanuel de Groof | Tags: Judge Albie Sachs, South African Constitutional Court, The Strange Alchemy of Life and Law Leave a comment
Author: Emmanuel de Groof
Former Albie Sachs’ Law Clerk, South African Constitutional Court
Bonjour tout le monde, particulièrement au monde francophone. C’est un honneur de pouvoir co-introduire ce vernissage du livre L’étrange alchimie de la vie et de la loi du Juge Albie Sachs. Aujourd’hui, ce livre a toute sa pertinence.
More than 10 years ago, in 2008, I had the honour to work as a law clerk for Albie Sachs. My work as a clerk was double. On the one hand, I worked with and for Albie in doing research for the book published in 2008, The strange alchemy of life and law with Oxford University Press. On the other hand, I did my regular work as a law clerk on the cases that were then pending. One idea is very central to the work I could then do, together with other law clerks, in Albie Sachs’ chamber: in French we would say, ‘de la confrontation des idées jaillit la lumière’. It’s the simple idea that by confronting ideas – by communicating, by debating, by being honest – you will get, not to an absolute truth but at least closer to an idea of justice and truth.
The Strange Alchemy of Life and Law by Albie Sachs – French Edition – Welcoming remarks and tribute to Professor Christof Heyns (Traduction française en bas du texte)
Posted: 22 December, 2021 Filed under: Justice Albie Sachs | Tags: Albie Sachs, Christof Heyns, French Edition, The Strange Alchemy of Life and Law, welcoming remarks Leave a comment
Author: Justice Albie Sachs
Author & Former Justice of the Constitutional Court of South Africa
This edition is remarkable in many ways.
To begin with, it has been published by the Centre for Human Rights (Centre) at the University of Pretoria, the university that was once the brain, the soul and the heart of apartheid thinking. What a brave effort it had been in the 1980s, when Mandela and others were still in prison, people like myself were in exile and the country was suffering from one State of Emergency after another, for Professors Johann Van der Westhuizen and Christof Heyns to establish the Centre. Then, after democracy was achieved, Johann went on to become a colleague of mine on the South African Constitutional Court, while Christof took over the Centre’s leadership. The main thrust of his work was to link the Centre with lawyers, law teachers and students throughout the African continent. Christof died earlier this year. We still feel the shock at the passing of a most remarkable person. He was humane, he was funny, he was hardworking. He had a quiet passion, and there was absolutely no showoff at all in anything that he did. He made impossible things possible. He worked with equal ease and success all over the African continent, at Geneva, and for the United Nations. The clash of ideas enthralled him. Nothing about human life was ever banal; any team he ever headed found the discussions enthralling. It was fun – the more intractable the subject matter, the more exciting and joyous the extraction of serviceable and meaningful truths. Wherever he went he brought with him this creative, participatory style of work. And one of his special projects was to connect up English-speaking and French-speaking lawyers in Africa. This French language edition of the book is dedicated to him.
The function of constitutional judges and judicial philosophy in Africa: Introduction to the special issue
Posted: 17 December, 2021 Filed under: Trésor Makunya | Tags: Africa, African legal systems, Babacar Kanté, colonialism, constitutional judges, constitutionalism, Gerard Niyungeko, Hajer Gueldich, Judge Albie Sachs, Judge Christine Schurmans, judicial philosophy, South African Constitutional Court, special issue Leave a comment
Author: Trésor Makunya Muhindo
Postdoctoral Fellow and Publications Coordinator, Centre for Human Rights, Faculty of Law, University of Pretoria
This special issue is devoted to the function of constitutional judges and judicial philosophy in Africa through the lens of Justice Albie Sachs’ judicial philosophy. It emerges from presentations made by speakers at the virtual book launch of the French translation of Albie Sachs’ book ‘The strange alchemy of life and law’ (2021) organised on 19 November 2021 by the Pretoria University Law Press.
This issue is divided into three main parts. In the first part, Judge Albie Sachs and Emmanuel De Groof provide the background to the translation of the book. The book aims at bridging the divide between the common law and civil law legal traditions that African legal systems inherited through colonialism. The divide between the two legal traditions is so great that it seems African lawyers and judges based in the common law tradition and those from the civil law tradition operate in a completely different world.
Did the recently concluded South Sudan’s fifth Governors’ forum address the elephants in the room?
Posted: 6 December, 2021 Filed under: Garang Yach James, Joseph Geng Akech | Tags: Administrative Areas, ‘Permanent’ constitution building, Chief Administrators, democratic governance, economic reforms, governance, Governors’ Forum, Humanitarian relief, internally displaced people, law reforms, peace, R-ARCSS, refugees, Republic of South Sudan, Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan, Revitalised Transitional Government of National Unity, RTGoNU, social services, sustainable peace, Transitional justice mechanisms, Transitional security arrangements, UNDP, United Nations Development Programme 1 Comment
Author: Joseph Geng Akech
South Sudanese human rights lawyer and PhD candidate, University of Pretoria, South Africa
Author: Garang Yach James
South Sudanese Political and security analyst and PhD Student, University of Juba, South Sudan
Summary
The government of the Republic of South Sudan recently organised a week-long conference of its 10 State Governors and Chief Administrators representing the three Administrative Areas. The aim was to discuss the role of States and local governments in the implementation of the Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan (R-ARCSS). After a week of intense deliberations, the Forum released resolutions and recommendations on various aspects of peace, governance, social services and economic reforms. This paper critiques the Forum’s outcome arguing that the Forum failed to address the ‘elephants in the room’. For instance, the resolutions and recommendations did not articulate and in some instances, failed to mention, as priorities, aspects of the transitional security arrangements, transitional justice, permanent constitution building, humanitarian assistance and the return of internally displaced people and refugees as well as institutional and law reforms.
Reevaluating AGOA as a Preferential Scheme and the Path to Follow: From Ethiopia’s Perspective
Posted: 29 November, 2021 Filed under: Meaza Haddis Gebeyehu | Tags: African Growth and Opportunity Act, AGOA, Ethiopia, Generalized System of Preferences, GSP, international trade relations, LDCs, legal instability, non-reciprocity principle, political compromise, preferential schemes, regional trade systems, S&D, Special and Differential Treatment, WTo Leave a comment
Author: Meaza Haddis Gebeyehu
Lecturer, Hawassa University, School of Law
One of the positive impacts of economic globalization is the shift of most, although not all, international trade relations into a rule-based, secure and institutionalized system instead of an arbitrary one. WTO and modern-time RTAs are the results of a long-term process since the 1940s which can be taken as a major step for the systematic regulation of international trade as a continuation of the structure from GATT 1947.
Eight rounds of negotiations took place during the GATT 1947 regime[1] during which the economic interests of most developing and least developed countries were underrepresented or totally ignored as the major parties to the negotiations were developed nations. Hence, developing and LDCs are left with the only choice of complying with the already established rules if they wish to be integrated into the multilateral system.
The role of African governments in the implementation of the Revised Declaration on freedom of expression online in Africa
Posted: 24 November, 2021 Filed under: Ayowole Olotupa-Adetona, Bitebo Gogo, Imani Henrick, Ogah Peter Ejegwoya | Tags: Access to Information, African Commission on Human and Peoples’ Rights, Declaration of Principles on Freedom of Expression and Access to Information in Africa, domestic laws, freedom of expression, freedom of expression online, human rights, illegitimate restrictions, international human rights standards, Legal reform, multistakeholderism, online content regulation, privacy protection, Regulating online content, right to opinion 4 Comments
Authors: Imani Henrick, Bitebo Gogo, Ogah Peter Ejegwoya & Ayowole Olotupa-Adetona
The rights to freedom of expression, access to information and opinion are three distinct yet interconnected rights. The right to freedom of expression includes overt or covert communication through any medium including the Internet while access to information is being able to get information through any means. Both rights can be limited under international human rights standards. However, the right to opinion which is broader than both rights cannot be limited under international human rights standards.
This article identifies the role of African governments in implementing freedom of expression online. In doing so, it focuses on the provisions of the recent Declaration of Principles on Freedom of Expression and Access to Information in Africa (Revised Declaration) 2019.
Parallel Rules: Overlap of Jurisdiction of Regional Trade Agreements (RTAs) with World Trade Organisation (WTO)
Posted: 16 November, 2021 Filed under: Meaza Haddis Gebeyehu | Tags: adjudicatory power, choice of forum agreements, dispute resolution mechanism, dispute settlement process, dispute settlement system, disputes, Doha Development Round, exclusive jurisdiction agreements, forum agreements, multilateral arrangement, preference agreements, Regional Trade Agreements, RTAs, trade rules, World Trade Organization, WTo Leave a commentAuthor: Meaza Haddis Gebeyehu
Lecturer, Hawassa University, School of Law
It is very interesting how RTAs have increased in number and scope in recent years as manifestation of the new tendency towards regionalism at the expense of WTO’s multilateral arrangement. As of 15 October 2021, the WTO received 568 notifications of RTAs from its members and currently 350 RTAs are in force.[1] RTAs and their reciprocal preferential trade rules are in principle against WTO’s non-discrimination principles but they constitute one of the authorised exemptions under WTO.
The fact that the Doha Development Round as a major multilateral trade negotiation under WTO has deadlocked for more than a decade gave RTAs the opportunity to be taken as important alternatives.[2] RTAs have proliferated not only in number but in the regions they cover and in the sectors of trade they apply to as well.[3] The rapid growth in the number of RTAs in recent years created two phenomena: (i) it undermines WTO’s non-discrimination principle as RTAs establish preferential rules among member states and hence generate the ‘spaghetti bowl’; and (ii) RTAs often institutionalise their dispute settlement mechanisms to address disputes arising with regard to the applications of these agreements. The possibility of potential conflicts of jurisdiction between the respective dispute settlement mechanisms might arise as RTAs include separate dispute settlement rules to deal with obligations of parties under these RTAs that are parallel or even similar to their obligations under the WTO covered agreements.[4]
A quest for better protection: Sudanese women today
Posted: 11 November, 2021 Filed under: Dunia Mekonnen Tegegn | Tags: (VAWG), African Protocol on Women’s Rights, arbitrarily arrest, CEDAW, child custody, child marriage, conflict areas, displacement, divorce, human rights, immoral behavior, International Covenant on Civil and Political Rights, Islamic fundamentalists, Jebril Ibrahim, knee length skirts, lack of protection, marriage, Muslim Personal Law, Political commitment, public disgrace, Public Order Police Officers, sexual abuse, sharia law, social media, Sudan, tribal and militia violence, Violence Against Women Act, Violence against Women and Girls, wearing trousers, women rights violations Leave a commentAuthor: Dunia Mekonnen Tegegn
Human Rights Lawyer and Gender equality advocate
Violence against Women and Girls (VAWG) is regarded as a prevalent and critical hindering factor for human development and peace-building in Sudan. Prior to the revolution, Sudanese women used to face a daily risk of being arbitrarily arrested in public or private places for “indecent or immoral behavior or dress.” Public Order Police Officers in Sudan had the power to decide what is decent and what is not. In most cases women are arrested for wearing trousers or knee length skirts.[1] Though in 2019, the transitional Sudanese government rescinded the public order laws that governed women’s presence in public spaces, resulting in arbitrary arrests and ill-treatment, Sudan still needs to change other aspects of the public order regime that has a discriminatory effect on women.
Sudan is a party to the International Covenant on Civil and Political Rights. Though the Sudanese government approved the ratification of CEDAW and the African Protocol on Women’s Rights following years of demands from Sudanese women, the ratification of CEDAW came with reservations on the articles number 2, 16 and 1/29, which is a clear violation of the rule that prevents reservations that defeat the essential elements and goals of human rights covenants.
On Indicator 16.3.3 of SDG 16.3 – Measurements of Civil Justice
Posted: 5 November, 2021 Filed under: Menelik Solomon Mamo | Tags: access to justice, human rights law, justiciable problems, SDG 16, SDG framework, Sustainable Development Goals, Unsentenced detainees, victims of violence Leave a comment
Author: Menelik Solomon Mamo
Consultant and attorney, Ethiopia
Access to Justice, as a component of the rule of law, is comprised of a number of elements that at its core means that individuals and communities with legal needs know where to go for help, obtain the help they need, and move through a system that offers procedural, substantive, and expeditious justice. According to the World Justice Project’s (WJP) report, Measuring the Justice Gap, 5.1 billion people or approximately two-thirds of the world’s population are faced with at least one justice issue. It is evident that the majority of these justiciable matters that individuals face fall within the ambit of civil justice. The fact that individuals, especially those from developing countries, are surrounded by these problems while lacking access to justice to deal with them, form part of the dynamics that create and perpetuate poverty and inequality.
The right to food and housing for Internally Displaced Persons in Colombia and the Democratic Republic of Congo (DRC): geographical distance does not forcibly mean different situations
Posted: 2 November, 2021 Filed under: Cristiano d'Orsi, Juan Pablo Serrano Frattali | Tags: (DRC), Africa, African Commission on Human and Peoples’ Rights, African supervisory bodies, basic rights, Colombia, Colombian Constitution, Colombian Housing and Habitat Law, conflict, conflict hotspots, Democratic Republic of Congo, drug-trafficking, ethnic tensions, food and housing, internal migration, internally displaced persons, Kampala Convention, national food law, natural disasters, South America, sustainable access, sustainable food systems, violence 2 Comments
Author: Cristiano d’Orsi
Senior Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg
Author: Juan Pablo Serrano Frattali
Member of research group Social Anthropology of Motricity of the University of Granada
Colombia and the Democratic Republic of Congo (DRC) are the countries with the largest population of Internally Displaced Persons (IDPs) in South America and Africa, respectively, the third, and the second in the world (Syria heads the world ranking).[1] Internal displacement in Colombia constitutes a widely recognized phenomenon, having become an essential reference point for internal migration studies.[2] At the end of 2020, Colombia counted the highest number of IPDs in South America because of conflict and violence (4.9 million). In 2020, however, while Colombia counted 170,000 new IDPs, 106,000 of whom resulted from conflict and violence, Brazil counted 380,000 new IDPs, all due to natural disasters.[3] Violence continued in Colombia notwithstanding Covid-19 restrictions. Many combatants with the Revolutionary Armed Forces of Colombia (FARC) disbanded and reintegrated into society after the 2016 peace deal,[4] but dissident factions have since emerged, and paramilitary groups continue to exercise significant territorial control.[5] The department of Nariño, close to Ecuador, has been historically a hotspot of conflict and displacement given its strategic location on drug-trafficking routes.[6]
AfricLaw 