The judicialization of politics has been described as one of the most significant phenomena of la... more The judicialization of politics has been described as one of the most significant phenomena of late twentieth and early twenty-first century government. While the courts have more judicial muscle than they did centuries ago, it would be a mistake to assume that with more power, has come more protection. This paper discusses judicial independence by highlighting some concerning instances of judicial interference which have occurred in Sub-Saharan Africa since 2010 to date. In my discussion of these threats, I highlight that the executive is not the only avenue by which interference in the judiciary occurs. I conclude with suggestions of ways in which judges as social actors can mitigate undue influence and present a stronger judiciary.
Zambia is one of the few countries in the world that can boast four Constitutional reform process... more Zambia is one of the few countries in the world that can boast four Constitutional reform processes (with a 5th just concluded) in a period of only 49 years since it gained independence. These processes have been highly contested and have resulted in three Constitutions that were not very favourable towards particular women’s rights. This paper examines women’s participation and representation in the Constitutional processes. It briefly traces their role in Constitution making in Zambia and explores whether the increase in women’s participation and representation has resulted in the advancement of their rights. This is because previous Constitutions have ignored certain rights that women have advocated for and Women’s movements have felt that the Constitutional processes have been driven by patriarchal attitudes that aim to maintain male domination. Four particular rights have been selected for discussion in this paper and it is argued that the failure to include these amongst rights has resulted in procedures that fail to accommodate the needs of more than half of the population. The first draft Constitution currently under consideration incorporates most of women’s concerns but could be derailed if the other interests are placed ahead of women’s rights. Therefore, this paper proposes possible measures which that would ensure that more women are incorporated in the constitutional process.
This short paper examines the acting appointment system in South Africa and argues that it is not... more This short paper examines the acting appointment system in South Africa and argues that it is not transparent and therefore it contributes to challenges faced when appointing judges.
Zambia is one of the few countries in the world that can boast four Constitutional reform process... more Zambia is one of the few countries in the world that can boast four Constitutional reform processes (with a 5th currently taking place) in a period of only 49 years since it gained independence. These processes have been highly contested and have resulted in three Constitutions that were not very favourable towards particular women’s rights. This paper examines women’s participation and representation in the Constitutional processes. It briefly traces their role in Constitution making in Zambia and explores whether the increase in women’s participation and representation has resulted in the advancement of their rights. This is because previous Constitutions have ignored particular rights that women have advocated for and Women’s movements have felt that the Constitutional processes have been driven by patriarchal attitudes that aim to maintain male domination. The failure to include these rights has resulted in procedures that fail to accommodate the needs of more than half of the population. The draft Constitution currently under consideration incorporates most of women’s concerns but could be derailed if the other interests are placed ahead of women’s rights. Therefore, this paper proposes possible measures which can be adopted for future Constitutional processes which include a greater percentage of women on the Constitutional Reforms Commissions and greater engagement with women during the district, provincial and national consultations.
A landmark judgement by Justice Oagile Key Dingake in the High Court of Botswana
in October 2012 ... more A landmark judgement by Justice Oagile Key Dingake in the High Court of Botswana in October 2012 has been lauded as a game-changing watershed for gender rights in sub-Saharan Africa. In a remarkable decision, Dingake ruled that culture could not trump constitutional rights and made a powerful call for other judges to take a stand on gender issues.
This paper explores the lessons learnt from the landmark decision of Ramantele v Mmusi and Others... more This paper explores the lessons learnt from the landmark decision of Ramantele v Mmusi and Others in a bid to examine the interaction of Women, Poverty and Customary Law .In October 2012, the High Court of Botswana held that the Ngwaketse custom that dictates that the family home be reserved for the last born male heir, excluding all females was unconstitutional. This position was later confirmed by the Court of Appeal on the 3rd of September 2013 albeit through a different analysis, allaying fears that there would be retrogression in the matter. Had the courts found against Ms Mmusi, the judgement would not only have deprived her of a home but of a substantial financial investment that she had in the property that she had built with her personal finances. The paper will commence with an analysis of the arguments made for and against the use of Ngwaketse custom in both courts. It will thereafter argue that the Mmusi case revealed four important lessons that are critical, if we are to have a better understanding of balancing customary law with human rights. The lessons focus on evidence regarding the existence of customary law, whether a constitutional question always exits in regards to matters of customary law, the governance of customary law and the issue of culture and identity.
A perspective on women and leadership in the South African judiciary examines the issues of lack ... more A perspective on women and leadership in the South African judiciary examines the issues of lack of gender equity on the South African bench.It specifically analyses leadership positions and judicial appointment interviews to argue that women have not been granted leadership positions due to discrimination.
The judicialization of politics has been described as one of the most significant phenomena of la... more The judicialization of politics has been described as one of the most significant phenomena of late twentieth and early twenty-first century government. While the courts have more judicial muscle than they did centuries ago, it would be a mistake to assume that with more power, has come more protection. This paper discusses judicial independence by highlighting some concerning instances of judicial interference which have occurred in Sub-Saharan Africa since 2010 to date. In my discussion of these threats, I highlight that the executive is not the only avenue by which interference in the judiciary occurs. I conclude with suggestions of ways in which judges as social actors can mitigate undue influence and present a stronger judiciary.
Zambia is one of the few countries in the world that can boast four Constitutional reform process... more Zambia is one of the few countries in the world that can boast four Constitutional reform processes (with a 5th just concluded) in a period of only 49 years since it gained independence. These processes have been highly contested and have resulted in three Constitutions that were not very favourable towards particular women’s rights. This paper examines women’s participation and representation in the Constitutional processes. It briefly traces their role in Constitution making in Zambia and explores whether the increase in women’s participation and representation has resulted in the advancement of their rights. This is because previous Constitutions have ignored certain rights that women have advocated for and Women’s movements have felt that the Constitutional processes have been driven by patriarchal attitudes that aim to maintain male domination. Four particular rights have been selected for discussion in this paper and it is argued that the failure to include these amongst rights has resulted in procedures that fail to accommodate the needs of more than half of the population. The first draft Constitution currently under consideration incorporates most of women’s concerns but could be derailed if the other interests are placed ahead of women’s rights. Therefore, this paper proposes possible measures which that would ensure that more women are incorporated in the constitutional process.
This short paper examines the acting appointment system in South Africa and argues that it is not... more This short paper examines the acting appointment system in South Africa and argues that it is not transparent and therefore it contributes to challenges faced when appointing judges.
Zambia is one of the few countries in the world that can boast four Constitutional reform process... more Zambia is one of the few countries in the world that can boast four Constitutional reform processes (with a 5th currently taking place) in a period of only 49 years since it gained independence. These processes have been highly contested and have resulted in three Constitutions that were not very favourable towards particular women’s rights. This paper examines women’s participation and representation in the Constitutional processes. It briefly traces their role in Constitution making in Zambia and explores whether the increase in women’s participation and representation has resulted in the advancement of their rights. This is because previous Constitutions have ignored particular rights that women have advocated for and Women’s movements have felt that the Constitutional processes have been driven by patriarchal attitudes that aim to maintain male domination. The failure to include these rights has resulted in procedures that fail to accommodate the needs of more than half of the population. The draft Constitution currently under consideration incorporates most of women’s concerns but could be derailed if the other interests are placed ahead of women’s rights. Therefore, this paper proposes possible measures which can be adopted for future Constitutional processes which include a greater percentage of women on the Constitutional Reforms Commissions and greater engagement with women during the district, provincial and national consultations.
A landmark judgement by Justice Oagile Key Dingake in the High Court of Botswana
in October 2012 ... more A landmark judgement by Justice Oagile Key Dingake in the High Court of Botswana in October 2012 has been lauded as a game-changing watershed for gender rights in sub-Saharan Africa. In a remarkable decision, Dingake ruled that culture could not trump constitutional rights and made a powerful call for other judges to take a stand on gender issues.
This paper explores the lessons learnt from the landmark decision of Ramantele v Mmusi and Others... more This paper explores the lessons learnt from the landmark decision of Ramantele v Mmusi and Others in a bid to examine the interaction of Women, Poverty and Customary Law .In October 2012, the High Court of Botswana held that the Ngwaketse custom that dictates that the family home be reserved for the last born male heir, excluding all females was unconstitutional. This position was later confirmed by the Court of Appeal on the 3rd of September 2013 albeit through a different analysis, allaying fears that there would be retrogression in the matter. Had the courts found against Ms Mmusi, the judgement would not only have deprived her of a home but of a substantial financial investment that she had in the property that she had built with her personal finances. The paper will commence with an analysis of the arguments made for and against the use of Ngwaketse custom in both courts. It will thereafter argue that the Mmusi case revealed four important lessons that are critical, if we are to have a better understanding of balancing customary law with human rights. The lessons focus on evidence regarding the existence of customary law, whether a constitutional question always exits in regards to matters of customary law, the governance of customary law and the issue of culture and identity.
A perspective on women and leadership in the South African judiciary examines the issues of lack ... more A perspective on women and leadership in the South African judiciary examines the issues of lack of gender equity on the South African bench.It specifically analyses leadership positions and judicial appointment interviews to argue that women have not been granted leadership positions due to discrimination.
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Papers by Tabeth Masengu
in October 2012 has been lauded as a game-changing watershed for gender rights in
sub-Saharan Africa. In a remarkable decision, Dingake ruled that culture could not
trump constitutional rights and made a powerful call for other judges to take a stand
on gender issues.
in October 2012 has been lauded as a game-changing watershed for gender rights in
sub-Saharan Africa. In a remarkable decision, Dingake ruled that culture could not
trump constitutional rights and made a powerful call for other judges to take a stand
on gender issues.