Constitutional Court - The African Mirror

Apr

2024

Anti-LGBTQ+ laws in Ghana and Uganda feel the heat from sanctions

A ruling this month by Uganda's Constitutional Court to water down a tough anti-LGBTQ+ law may have stemmed from concern to avoid further international sanctions over the controversial legislation, rights activists and analysts say. The court's decision to strike out several of the law's most contentious clauses came weeks after a similar law passed by Ghana appeared to have hit a roadblock amid Finance Ministry warnings it could derail $3.8 billion in international aid. Steven Kabuye, a Ugandan LGBTQ+ activist, said the court's April 3 ruling appeared aimed at appeasing international donors who had raised particular objections about the affected clauses on the grounds that they…

Apr

2024

By HUGH CORDER

South Africa’s Constitutional Court at 30: a solid foundation but cracks are showing

SPECIAL FEATURES: ANALYSIS

SOUTH Africa’s Constitutional Court stands out as one of the few government institutions that have protected and advanced the constitutional vision of a participatory democracy and social justice. Many other government institutions which ought to have allied themselves with the court have been weakened or have failed to deliver. The court has consistently championed one of the fundamental values to be found in section 1 of the Constitution, 1996. This requires that the exercise of public power be accountable, responsive and open. Despite this, but also because of it, the court faces challenges from outside and from within. The duty…

Apr

2024

By SADIYA ANSARI

What you need to know about Uganda’s anti-LGBTQ+ law

NEWS

A Ugandan court has upheld a sweeping law that introduced the death penalty for "aggravated homosexuality", leaving only one legal route to challenge some of the most punitive anti-LGBTQ+ measures in Africa. The Constitutional Court on Wednesday upheld the validity of the so-called Anti-Homosexuality Act, while striking down some of its key sections, citing health and privacy concerns. Here's the big picture. What is the Anti-Homosexuality Act? The Anti-Homosexuality Act (AHA) was signed into law by President Yoweri Museveni in May 2023, and its draconian measures have prompted U.S. and World Bank sanctions. While Uganda had long criminalised gay sex, the new law is harsher than its…

Apr

2024

By The African Mirror

Ugandan court upholds anti-LGBTQ law but says some rights infringed

NEWS

UGANDA'S constitutional court refused to annul or suspend an anti-LGBTQ law that includes the death penalty for certain same-sex acts, but voided some provisions it said are inconsistent with certain fundamental human rights. The legislation, adopted in May last year, is among the world's harshest anti-gay laws and has drawn condemnation from rights campaigners and sanctions from Western nations. Activists say the law has unleashed a torrent of abuse against LGBTQ people, including torture, rape, arrest and eviction. "We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither will we grant a permanent injunction against its enforcement," said lead judge Richard Buteera,…

Jan

2024

By The African Mirror

Two more Congo presidential candidates do not plan court challenge

NEWS

TWO more candidates who contested last month's presidential election in Democratic Republic of Congo made clear they will not take the matter to court, making it more likely President Felix Tshisekedi's provisional win will be confirmed. Congo's election commission said on Sunday that Tshisekedi had secured more than 73% of the vote in the December 20 election, versus roughly 18% for his nearest challenger, businessman Moise Katumbi. A large group of opposition candidates says the election was fraudulent and has urged people to protest. However, the government has rejected calls for a rerun of the vote and the deadline to challenge the outcome of…

Nov

2023

By The African Mirror

Six Congo presidential candidates ask top court to ensure fair vote

NEWS

SIX opposition candidates in the Democratic Republic of Congo's December 20 presidential election asked the country's Constitutional Court to compel the electoral commission to publish the final voter roll, warning of potential irregularities and fraud. The candidates including a leading opposition candidate Martin Fayulu and Nobel Peace Prize-winning gynaecologist Denis Mukwege who is running for the first time, alleged intentional irregularities by the commission that questioned the reliability of the electoral roll. A spokesperson for Congo's national electoral commission known as CENI, declined to comment. The head of the electoral commission had previously rejected the accusations. He told Reuters in an interview in October…

Nov

2023

By The African Mirror

South African politicians vs judges: new book defends the Constitution

LITERATURE

IN 1994, South Africa became a democracy founded on a supreme constitution. The Constitution’s preamble affirms the nation’s quest to establish a society based on democratic values, social justice and fundamental human rights. The Constitution clearly envisioned political accountability and judicial review of executive and legislative actions. But, almost three decades on, this vision is increasingly under virulent criticism by populist politicians. ANTHONY DIALA, Director, Centre for Legal Integration in Africa, University of the Western Cape Dan Mafora’s new book, Capture in the Court – In Defence of Judges and the Constitution, likens the rising rebellion against judges and the…

May

2023

By The African Mirror

Justice Yvonne Mokgoro: South Africa’s trailblazing defender of justice, human dignity and the constitution

THOUGHT LEADERSHIP

MANY great legal minds have made important contributions to the development of the law, justice and constitutionalism in South Africa. One figure who stands out as a particularly influential jurist of the era is retired judge Yvonne Mokgoro. She was among the first justices of the country’s new constitutional court, serving from 1994 to 2009. Researchers at South Africa’s Human Sciences Research Council have aptly described this remarkable jurist: As the first black African woman appointed to the Bench in 1994, she brought with her fresh scars of the oppressive system of apartheid that alienated and marginalised her as a…

Oct

2022

By The African Mirror

Central African Republic’s top court head refuses to retire

NEWS

JUDICAEL YONGO THE head of the Central African Republic's top court, which has stymied a push to enable President Faustin-Archange Touadera to keep running for office, has defied a government order to retire. The Constitutional Court last month annulled a commission for proposed reforms that would let Touadera, 65, stand for a third presidential poll in line with a trend in some parts of Africa that opponents see as a creeping autocracy. The already twice-elected Touadera's government earlier this month issued a decree telling 28 higher education officials born between 1946 and 1955 to retire on December 31. On that list was Constitutional Court…

Sep

2022

By The African Mirror

South Africa’s Jacob Zuma is taking a top reporter to court. The verdict could affect journalists’ rights

MEDIA FREEDOM

SOUTH African journalism organisations this week rallied around well-known journalist Karyn Maughan when former president Jacob Zuma initiated a private prosecution against her. Zuma faces 16 counts of corruption for taking a monthly payment of US$34,000 from French arms firm Thales while he was deputy president from 1999 and later president from 2009 to 2018. Thales was involved in South Africa’s massive arms purchase deal during that period. Author ANTON HARBER, Caxton Professor of Journalism, University of the Witwatersrand Zuma had originally laid charges against the prosecutor in his corruption case, Billy Downer, for giving a medical certificate from the…