From Hope to Crisis: Senegal’s Victory and Togo’s Setback

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Author: Nyasha Mcbride Mpani
Southern African project leader, Data for Governance Alliance

A few hours after 44-year-old Senegal’s President-elect Diomaye won the hotly contested elections, which had seemed impossible due to outgoing President Macky Sall’s attempt to tamper with the constitution and defer elections to November 2024, a sense of relief swept through Senegal and the region. The elections brought a sigh of relief to a region struggling with a decline in democracy, marked by excessive executive power and a rise in popular coups. His victory comes at a crucial moment and is seen as an opportunity to strengthen democracy not only in Senegal but also in West Africa. Senegal’s return as Africa’s and West Africa’s poster child for democracy is hoped for, as the region has witnessed democratic backsliding over the past years. This regression has been characterised by pervasive corruption, authoritarian regimes, restrictions on press freedom, human rights abuses, discrimination against minorities, and economic downturns, eroding public trust.

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Senegal’s future hangs in the balance – #GardonsLesYeuxSurLeSénégal, West Africa’s longest-standing democracy!

Nyasha-Mcbride-Mpani

Author: Nyasha Mcbride Mpani
Southern African project leader, Data for Governance Alliance

While the world is still grappling with the complexities arising from power struggles in Sudan, with two warlords vying for control, the situation in Senegal has added to the mounting problems on the African continent. Since February 2021, Ousmane Sonko, the leader of the Senegalese opposition, has faced charges of rape and of sending death threats. However, what started as a legal matter seems to have turned into a politically charged trial. Unfolding events have revealed a deeply troubling pattern of repression and injustice in Senegal.

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Where to Zimbabwe? Another stage set for flawed elections under Mnangagwa’s leadership

Nqobani-NyathiAuthor: Nqobani Nyathi
Doctoral Candidate and Project Officer, Centre for Human Rights, University of Pretoria

In 2018, and perhaps at the peak of his popularity, Emmerson Mnangagwa narrowly won a disputed Presidential election in Zimbabwe. In the aftermath, chaos ensued, and soldiers shot and killed people. No one has been held accountable so far, perpetuating an environment of impunity and fear. Mnangagwa’s unconstitutional rise to power the previous year had subverted democracy and as predicted, he has continuously demonstrated an unsettling disregard for the Constitution and the principles of democracy. Zimbabwe’s next general election is scheduled for some time this year, on a date yet to be announced. If Mnangagwa persists on his current path of undermining the Constitution, the election could lack the legitimacy necessary for a functioning democracy.

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To whom it may concern: South Sudan may not be ready for elections, yet democracy cannot wait

Joseph-Geng-AkechAuthor: Joseph Geng Akech
Assistant Professor of Law, University of Juba, and independent researcher in human rights & constitutional designs

Introduction

Early this year, Yach Garang, political science PhD student at the University of Juba authored a blog piece asking ‘will South Sudan be ready for its first democratic elections come 2023?’ According to him, certain benchmarks are critical for South Sudan’s democratic election readiness. These include security stabilisation, enactment of electoral laws, adoption of a new constitution and conduct of population census. While I agree with his ‘benchmarks’, I contend that South Sudan may not be ready for elections, but it is imperative to note that democracy cannot wait for a perfect environment.

This piece, therefore, is addressing those to whom the democratic future of the country remains a priority.

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To be a healthy democratic state, Ethiopia needs Stability through Peace and Security, Inclusive Development, and Good Governance.

Henok-KebedeAuthor: Henok Kebede
Lecturer, School of Law at Hawassa University, Ethiopia

Ethiopia is at a crossroads. Despite recorded double-digit economic growth for more than a decade, the arguably slight opening of the political space and the increasing awareness of citizens about their rights and duties, the absence of a clear path to democracy through an institutionally designed system put Ethiopia at the crossroad. Though Prime Minister Abiy Ahmed pledged to reform Ethiopia’s authoritarian state, recently, Ethiopia is going through a hysterical period of political uncertainties whereby one cannot easily venture where the country is heading. Some suggested that Ethiopia is on the right track to democracy, and Abiy Ahmed is playing the dominant role. Others reject the idea that Ethiopia is getting into democracy, saying the reform government is just as undemocratic as its predecessors; it is instead an ‘old wine in a new bottle’.   

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The South African local government elections and the COVID-19 pandemic

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Author: Tariro Sekeramayi
Centre for Human Rights, University of Pretoria

South Africa’s local government elections, to elect the municipal tier of government, are constitutionally mandated through section 159 of the Constitution of South Africa to take place every five years. These elections were scheduled to take place towards the end of 2021 and have been the subject of great deliberation in the nation. Conducting elections during a pandemic has been the subject of much debate on the continent and worldwide, with certain countries choosing to continue with elections amid the pandemic and others choosing to postpone their elections amid concerns of the risks involved. Nations on the continent that have held elections during the pandemic include Zambia, Malawi, Ghana, Rwanda, Uganda and Côte d’Ivoire. Given the extent of the risks of holding elections during the pandemic and mixed calls on whether to postpone or continue with elections in the nation, the Independent Electoral Commission (IEC) of South Africa ordered an inquiry commission to determine the nation’s capacity to hold free, fair elections during the initially scheduled period in October.

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Constitutionalisation of public service and administration in Africa

Author: Paul Mudau

Senior Lecturer in the Department of Public, Constitutional and International Law at the University of South Africa

‘Modern African constitutions’ produced by the recent wave of constitutional reforms that swept across Africa generally transpired in the constitutionalisation of public service and administration. Public administration is any institution with operations aimed at applying, enforcing or fulfilling public policies and programmes or undertaking public service duties as well as regulating the conduct of public servants. Public service is any service or public-interest activity provided by government under the authority of the relevant administration.

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Africa is bleeding: The Anglophone crisis in Cameroon

Author: Mary Izobo
International Human Rights Lawyer and Gender Advocate

Introduction

The failure to promote the rule of law and democracy creates an environment for conflict, often exacerbated by marginalisation, discrimination,  inequality and inequity. The bitterness of citizens roused by violence is usually entrenched in lack of basic services and public infrastructure, corruption, lack of personal and economic security and lack of transparency and accountability of government to its citizens.  Thus, the greatest problem of African countries is their failure to protect the economic, political, social, and cultural concerns of its people. This year, 2020 has been marred by a series of human rights violations from Lagos to Kumba, Africa is bleeding.

On 24 October 2020, at least eight children were killed, and dozens wounded by a group of armed men at the Mother Francisca International Bilingual Academy  Kumba, in the Southwest Region of Cameroon. There has been a lot of attacks in Cameroon since 2016, however, these attacks have intensified dramatically.

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Has the COVID-19 pandemic exposed the fragility of South Africa’s constitutional democracy?

Author: Paul Mudau
PhD Candidate and Researcher, School of Law, University of the Witwatersrand

On 15 March 2020, and while owing to medical and scientific advice and with the aim of controlling and managing the invasion and the spread of the invisible enemy, the Coronavirus (COVID-19) pandemic, the President of South Africa Cyril Ramaphosa introduced extraordinary legal measures, placed the country under a nationwide lockdown and sealed its international borders. The lockdown took effect from 27 March 2020. The President simultaneously declared a national state of disaster in terms of section 27 of the Disaster Management Act (52 of 2002). Apart from the 1996 Constitution, the Disaster Management Act is applicable during lockdown together with other relevant statutes such as the Criminal Procedure Act 51 of 1977 and Prevention of Combating and Torture of Persons Act 13 of 2013. This, was followed by a series of announcements and impositions of numerous lockdown Regulations and Directives that require hygienic practices, physical and social distancing, quarantine, and isolation measures.

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