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 Leave a comment |
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.
Uganda, god does not uphold thee
Posted: 11 April, 2023 Filed under: Nimrod Muhumuza | Tags: anti-homosexuality law, colonial rule, Constituent Assembly, culture, For God and My Country, homophobia, Kulwa Katonda n’Eggwanga Lyaffe, National Symbols Committee, religion, religious ideologues, religious preferences, revenge killings, sexual minorities, state religion, Uganda Leave a comment
Author: Nimrod Muhumuza
Doctoral researcher
Politicians and religious ideologues often deploy the mantra “Uganda is a god-fearing country” and cite the motto “For God and my Country” to tip the scales on controversial or polarasing issues as if it is a substitute for reasoned, principled debate. They would have us believe that religion regulates and should dictate our conduct, going as far as suggesting that our laws should be informed or at least inspired by scripture. Contemporary religion and its ideals has been a mainstay of Ugandan politics and society, manifested in the religious wars of the 1880s, Christian-inspired colonial rule, President Idi Amin’s Sharia-inspired decrees to the raft of morality laws that have been proposed or enacted recently.
The upcoming Hate Crimes Bill: A welcome development in the fight against xenophobia and hate crimes in South Africa
Posted: 5 August, 2016 Filed under: Gideon Muchiri | Tags: Abubacarr Saidykhan, belief, birth, constitution, crime, culture, disability, Equality Act, ethnic or social origin, gender, gender identity, Hate Crimes Bill, hate speech, human rights, language, law, legislation, monitoring mechanism, National Prosecution Authority, nationality, NPA, occupation, police, Promotion of Equality and Prevention of Unfair Discrimination Act, race, religion, sex, sexual orientat, South Africa, South African Constitution, victim, xenophobia 1 Comment
Author: Gideon Muchiri
LLD student, Department of Jurisprudence, University of Pretoria
The Department of Justice and Constitutional Development (DOJCD) of South Africa is working on the Prevention and Combating of Hate Crimes Bill,[1] due for tabling in Parliament in September 2016. This Bill, if enacted into law, will strengthen the role of law enforcement officials including the police, the National Prosecuting Authority (NPA) and courts in holding perpetrators of hate crimes, including xenophobic conduct, legally accountable for not only the criminal acts committed, but also for the hate motive. The new law will foster a rights-based approach to enhancement of the rights of victims and thus send a clear and unequivocal message to the society that crimes motivated by hate and xenophobia will not be tolerated in South Africa and are subject to punishment.
Strengthening children’s rights in Africa: Some lessons from the new Children’s Act of Angola
Posted: 4 June, 2013 Filed under: Aquinaldo Mandlate | Tags: Africa, African Charter on the Rights and Welfare of the Child (ACRWC), Angola, basic education, children, children's rights, Convention on the Rights of the Child (CRC), culture, food, juvenile justice, life expectancy, literacy, Mozambique, nutrition, socio-economic rights, sports, violence against children 2 Comments
Author: Aquinaldo Mandlate
LLD (UWC), LLM (UP) Licenciatura em Direito (UCM)
On 22 August 2012, Angola enacted a new Children’s Act, adding to the number of African countries (including South Africa, Malawi, Mozambique, Tanzania, Kenya, Uganda, Lesotho, and many others) which reviewed their legislation focusing on children’s rights. Angolan law, like many other recent African legislation on children, is comprehensive and detailed in multiple aspects of children’s rights. Some of its features are common in other similar instruments in the region. For instance, it protects children’s civil and political rights and their socio-economic rights. The right to life, the right to health and the right to basic education, amongst others are protected. In addition, the law entrenches the four principles forming the core of international and regional treaties dealing with children’s rights (the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) included), including the principles of non-discrimination (Article 2 of the CRC and Article 3 of the ACRWC), best interest of the child (Article 3 of the CRC and Article 4 of the ACRWC), the right to life survival and development (Article of the 6 CRC and Article 5 of the ACRWC), and the right of the child to participate (Article 12 CRC and Article 7 of the ACRWC). These principles are also part and parcel of other modern African child legislation.
A detailed account of the similarities between the Angolan Children’s Act and other instruments falls beyond the objectives of this contribution. However, I would like to highlight some of the major contributions (amongst others not discussed here) as a result of the Act, in efforts to advance children’s rights.
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