The ISIS threat against South Africa: preliminary questions, considerations and the potential for a regional response

Author: Marko Svicevic
Post-doctoral research fellow, South African Research Chair in International Law (SARCIL), University of Johannesburg

Introduction

The recent threat issued against South Africa by the ISIS-affiliated insurgency in Mozambique has once again signaled a growing reality facing the country – an ever-increasing terrorist presence in the SADC region. While the insurgency in the Cabo Delgado province has been around for several years, it is the first time that South Africa has been the target of an open threat. Not unexpectedly, a number of questions have arisen. This post serves to highlight some preliminary questions and considerations relating to the insurgency in Mozambique and the potential threat to South Africa. These include among others: links the current insurgency holds with ISIS, the credibility of the threat issued against South Africa, probability and capacity for the insurgency (or ISIS) to follow through with the threat, and the potential for a regional response.

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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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A dark cloud or the promise of rain: Section 25 and the fate of land restitution in South Africa

Author: Ross Booth
Third year LLB student, University of KwaZulu-Natal

In recent years, there have been growing calls for land reformation and a fairer distribution of property in South Africa. Many have called for what is known as the expropriation of land without compensation, while others view this as an extremely dangerous and radical procedure. Despite the differences of opinion, we are currently observing what could become one of the most significant changes to land reform in the history of SA’s democracy. Seemingly given the backseat in light of our current struggle against the COVID-19 pandemic, an amendment to section 25 of our Constitution is on the cards and could result in a variety of changes to the current state of land restitution.

As it stands, section 25 is a far-reaching provision of the Constitution that deals with security of tenure, property rights, and restitution for those previously discriminated against under colonial and Apartheid land practices. Section 25(1) begins by offering some assurance to property owners by stating:

“No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.”

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Afro-digital ethics, law and online hate in Africa

Author: Thompson Chengeta
European Research Council Fellow on Artificial Intelligence Ethics and law, University of Southampton

Introduction

Across the globe, there is a general increase in online hate and sharing of hateful messages on online platforms. The past weeks saw hateful and xenophobic hashtags trending in South Africa. As noted by some commentators, online hate “can pollute civic discourse, inflict harm on targeted victims, create and exacerbate social divisions, and erode trust in the host platforms”. Online hate should not only be dealt with in terms of the law but also afro-digital ethics. With increased internet penetration in Africa, advent of smartphones and digital platforms, many people spend most of their time online. In this digital age, the virtues of our lives are beginning to be shaped and influenced by our virtual lives. Yet, not much has been done to guide our lives – particularly those of young people – in this new virtual world. The African saying “it takes a village to raise a child” denotes communitarian ethos relating to duties of the elderly in the community to instil African ethics in young persons. But does such an African village exist online? While digital technologies are undoubtedly impacting our African utopias or dystopias on what it means to be humane, the elderly who usually enforce and instil African ethics and morality in young people are offline. For parents who are online, they rarely have access to their children’s online platforms for many reasons including the use of ghost accounts. I also contend that a failure to respect African ethics online is a result of the breakdown of African communitarian ethos in the real world. For example, the spread of hateful content against fellow Africans has its genesis in economic failures of African leaders, most of whom are selfishly and corruptly enriching themselves.

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Enforcement of lockdown regulations and law enforcement brutality in Nigeria and South Africa

Author: Mary Izobo and Folasade Abiodun
(An earlier version of this article was published by Daily Maverick)

Since January 2020, COVID-19 pandemic, has held the world to ransom and has posed a threat to public health.  It has put a lot of pressure on available medical facilities with a record of more than 9 million persons infected and more than 470 000 deaths globally with numbers set to increase. In order to stop the spread of the coronavirus, several countries are taking measures such as the closure of airports, seaports and land borders, isolation and quarantining of persons, banning of religious, sporting and social gatherings, closure of schools and universities, restaurants, public spaces and complete or partial ‘lockdown’ of some countries. The lockdown of countries entails complete restriction of movement as the virus is transmitted through direct contact with infected persons or surfaces.  Some of these  measures as well as their enforcement , have implications on the right to freedom of movement, the right to freedom of association and the right to freedom of assembly.

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The impact of technology on mental health during COVID-19

Authors: Mustapha Dumbuya, Johnson Mayamba & Foromo Frédéric Loua

As the world continues to battle the novel coronavirus, also known as COVID-19, which by 14 May 2020 had recorded more than 4 million confirmed cases globally and  claiming more than 300,000 lives. One can be tempted to say that the fight might still be far from ending. Even as researchers work tooth and nail to find a vaccine, with Madagascar claiming to have found a herbal cure, some have described such efforts as more of a marathon than a sprint. In fact, the World Health Organisation (WHO) has warned that people may have to learn how to live with Covid-19 because it ‘may never go away.’

When the cases were fast-rising, governments around the world adopted various measures to contain the spread of COVID-19. On 26 March 2020, South Africa went into a 21-day total nationwide lockdown amid increasing cases of the pandemic. Other measures announced included wearing face masks and other forms of movement restrictions. The lockdown was later extended but it has since been eased since the beginning of May 2020 to ameliorate economic meltdown not only in South Africa but globally.

Apart from having a disastrous impact on economies, these measures come with a plethora of other challenges. The current social distancing policies have had a major impact on people’s lives and wellbeing, especially for those living alone or away from family and loved ones. COVID-19 related social and physical distancing could lead to a feeling of increased loneliness and depression.

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The scourge of homelessness and evictions during the COVID-19 pandemic in the City of Johannesburg

Author: Bonolo Makgale
Centre for Human Rights, University of Pretoria

Introduction

After confirming the country’s first COVID-19 case on 5 March, South Africa braced itself for a 21-day lockdown, which officially began on 26 March and was initially intended to last until 16 April. The lockdown was subsequently extended to 30 April and has been further extended indefinitely with relaxation of some of the restrictions and some sectors of the economy being allowed to reopen, along with the extension of certain socio-economic relief mechanisms intended to cushion citizens from the hardships that the pandemic is sure to induce. In this light, one of the regulations included a moratorium on evictions, with the understanding that evictions would place vulnerable persons at risk of contracting and transmitting the virus. The provision stipulates: “All evictions and executions of attachment orders, both movable and immovable, including the removal of movable assets and sales in executions, is suspended with immediate effect for the duration of the lockdown.” These regulations were aimed at minimising possible losses of income, particularly among the working class and people in the informal sector.

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COVID-19: How more access to the internet can reduce existing barriers for women’s rights in Africa

Authors: Nelly Warega* and Tomiwa Ilori**
*Legal Advisor, Women’s Link Worldwide
**Doctoral researcher, Centre for Human Rights, University of Pretoria

On 17 April 2020, a Twitter user tweeted about a hospital in Lagos that demanded personal protective equipment (PPE) from a woman seeking to give birth at the facility. The incident, according to the user happened at the General Hospital, Ikorodu, under the Lagos State Government Health Service Commission. The PPEs have become important for health workers given the surge in transmission COVID-19 across the world. However, despite the rising demand and scarcity of PPEs, a conversation on the propriety of placing the burden of procurement of PPEs on expectant mothers is vital.

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A call to action: Protecting women’s rights in Sub-Saharan Africa during COVID-19 pandemic

Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar

On 31 December 2019, The World Health Organisation (WHO) was alerted to several cases of pneumonia in Wuhan City, Hubei Province of China. One week later, on 7 January 2020, Chinese authorities confirmed that they had identified a novel coronavirus as the cause of the pneumonia. Following this discovery, China witnessed unprecedented increase in morbidity and mortality rates of victims of the virus. Ultimately, the Director-General of WHO, Dr Tedros Adhanom Ghebreyesus declared the COVID-19 outbreak a public health emergency of international attention under the International Health Regulations (2005), following recommendations from the members and advisers to International Health Regulations (IHR) Emergency Committee for Pneumonia.  Although measures were taken to halt international travel the virus had already spread to other regions of the world including Africa.  According to the John Hopkins University Corona Virus Resource Center, the pandemic has had devastating effects in Europe, Asia and the Americas with mortality rate of more than 100,000 people, with a total of more than 1.7 million confirmed cases worldwide.

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COVID-19 and the access to information conundrum in Africa

Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria

As the world grapples with the deadly COVID-19 pandemic, the disease caused by the novel Corona-virus, Africa has not been spared. Although the rate of infection is still lower than the rest of the world, it is rising steadily. Governments across the world have initiated partial or nationwide crisis management measures including curfews, lockdowns, contact tracing, surveillance and testing  to curb the spread of the virus, which has been coined as measures to flatten the curve’. For these government-initiated emergency measures to be effective in curbing the spread of the virus, the public must comply with the government regulations. Access to information becomes very essential for the realisation of this objective and by extension other equally essential goals such as achieving the human right to health.

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