The place of liberal feminism in the struggle for gender equality in Kenya.Posted: 8 July, 2022 Filed under: Davis Thuranira | Tags: affirmative actions, Bill of Rights, equal participation, feminism, gender discrimination, gender equality, gender inequality, Gender Representation in the National Assembly and the Senate, gender rule, good governance, human rights, Kenya, legal framework, liberal feminism, non-discrimination, patriarchy, Rono v Rono, toxic masculinity, transformative jurisprudence Leave a comment
Author: Davis Thuranira
Student, Kenyatta University, Kenya
The framers of the constitution provided adequate mechanisms to counter gender discrimination and foster equality among all sexes and gender in the country. As a matter of fact, several legal provisions incline to an ideology of equality that seeks to overhaul the existing societal structure which anchors discrimination and unequal treatment of women.
Equality, non-discrimination, inclusiveness and protection of the marginalized are among the key principles featured under Article 10. The provision universally applies to all persons and demands compliance by the state, including its organs, while exercising its constitutional mandate. The state is required to invoke its authority by giving effect to the two-third gender rule. Additionally, these principles and others that support gender equality are emphasized in the constitution since such are the basis for any democratic society that the constitution envisions. The applicability of these principles is mandatory, and the courts have on several occasions emphasized that the principles are not aspirational as argued by critics but realistic, practicable and binding on everyone. In the case of Rono v Rono, the Court of Appeal authoritatively asserted that the Constitution shields women from customary succession laws that bar women from inheriting property. The Court held that both male and female children are treated equally before the law and that discriminatory rules are invalid and unconstitutional to the extent that it treats women as inferiors to men. Read the rest of this entry »
Constitutionalisation of public service and administration in AfricaPosted: 23 March, 2021 Filed under: Paul Mudau | Tags: accountability, administration, African Constitutions, Constitutional Reform, democracy, good governance, human rights, public administration, public policies, public service, rights of individuals, transparency Leave a comment
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.
Rising against the silencing of the SADC Tribunal: TanzaniaPosted: 5 June, 2015 Filed under: Gertrude Mafoa Quan | Tags: democracy, dispute settlement, good governance, human rights, human rights violations, inter-State disputes, President Jakaya Kikwet, Protocol on the SADC Tribunal, rule of law, Rulings of the Tribunal, SADC, SADC Treaty, SADC Tribunal, South African community, Tanzania, watchdog Leave a comment
Author: Gertrude Mafoa Quan
Candidate Attorney; LLM (Multidisciplinary Human Rights) student at the Centre for Human Rights, University of Pretoria
‘We have created a monster that will devour us all’.
These were the words of Tanzanian President Jakaya Kikwete regarding the SADC Tribunal. This is at best an expression that is the epitome of the fear of SADC leaders of an existing and functioning Tribunal.
Like in many other regions, the SADC tribunal served as the mechanism through which the region’s dispute could be settled. One of the goals of the treaty was to establish a tribunal (which it did) and that the “[t]ribunal shall be constituted to ensure the adherence to and the proper interpretation of the provisions of this Treaty and subsidiary instruments and to adjudicate upon such disputes as may be referred to it” ( SADC Treaty, 1992, Article 16.1). Perhaps one of its most striking promises was in Article 4(c) which bluntly states that ‘ SADC and its Member States shall act in accordance with the principles of human rights, democracy, and the rule of law’. The implication is that all member States could indeed be held accountable should any of the said principles in Article 4(c) be violated. According to the Protocol on the SADC Tribunal, subject to the exhaustion of local remedies, all companies and individuals may approach the Tribunal to seek remedy if and when a member State has infringed on their rights (Article 15).
Chapter 9 institutions: for the sake of accountability and constitutional democracyPosted: 31 March, 2014 Filed under: Kenneth Sithebe | Tags: accountability, Chapter 9 institutions, constitution, constitutional democracy, corruption, democracy, good governance, human rights, investigate, Nkandla, President Zuma, Public Protector, rule of law, South Africa Leave a comment
Author: Kenneth Sithebe
Candidate Attorney, Centre for Child Law, Faculty of Law, University of Pretoria
When we neither punish nor reproach evildoers, we are not simply protecting their trivial old age, we are thereby ripping the foundations of justice beneath new generations. – Solzhenitsyn
It is in the wake of the Public Protector’s findings regarding an upgrade to the President Zuma’s private residence in Nkandla that, the importance and our tolerance for Chapter 9 institutions comes to the fore. Having presented her findings to the public, the Public Protector was hailed by some as a heroin to a South Africa that is ridden with corruption, whilst some questioned her credibility and the integrity of her office. It is submitted that these debates are ordinary in a vibrate democracy like South Africa’s and should be welcome. However, what should not be welcome are unsubstantiated remarks aimed at undermining the office of the Public Protector, or any of the other Chapter 9 institutions, namely, the South African Human Rights Commission; the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; Commission for Gender Equality; the Auditor General; and Electoral Commission. These institutions, as provided for in section 181 of the Constitution, form a cornerstone to the sustenance of democracy and are important for the full realisation of other democratic principles such as accountability, respect for the rule of law and human rights.
The African Peer Review Mechanism at Ten: From Lofty Goals to Practical ImplementationPosted: 19 March, 2013 Filed under: Adejoké Babington-Ashaye | Tags: African Peer Review Mechanism, African Union, APRM Day, economic integration, good governance, New Partnership for Africa's Development, political stability, sustainable development, World Health Organisation 1 Comment
Author: Adejoké Babington-Ashaye
Counsel at the World Bank Administrative Tribunal
March 2013 marks ten years of one of the most innovative initiatives established under the auspices of the New Partnership for Africa’s Development (NEPAD). Created in 2003, the main objective of the African Peer Review Mechanism (APRM) is to foster the adoption of standard practices for political stability, sustainable development and economic integration through experience sharing between member states. As a voluntary process open to all members of the African Union, the steps of the APRM process include a country self-assessment, a review mission by the APRM Panel of Eminent Persons, a review of the ensuing Panel report by APRM Member States, and a finalized programme of action (NPoA) – the blueprint for development agreed upon by all stakeholders. These NPoAs are critical to identifying development challenges, and laying the foundation for legal and policy changes.
As of January 2013, the APRM boasts a membership of 35 States, with Tunisia and Chad as the newest members. Yet, the APRM has been plagued by financial and logistical challenges, stalled peer reviews and an occasionally negative public perception. In this piece, I highlight how a holistic approach to critiquing the APRM sheds light on some of the positive contributions the mechanism has made to development in Africa, and also illuminates the path for the next ten years.