Africa Governance Centre’s Post

Teferi Hailemichael Hassen, an international student at UNE and PhD candidate with #UNELaw, is conducting progressive research on public administration in Africa. His work, titled Public Administration in Africa: Strategies to Enhance Policy Capacity for Justice and the Rule of Law, focuses on how African states can strengthen their administrative frameworks to promote justice. 📰 Full story in comments. #ResearchUNE #Law #Governance #Policy #Justice #ConstitutionalLaw #Africa

Building on last night’s Goodnight theme, I invite you to continue the conversation by exploring a legal principle that resonates with the trending current affairs in our beloved Pearl of Africa. Let’s connect the law to the realities shaping our nation today. The Power of Separation of Powers: Lessons from Uganda’s Legal Landscape 😤 In the quest for democracy and justice, separation of powers stands as a cornerstone of governance. Uganda’s legal history has provided us with remarkable lessons on this principle, particularly through cases like Attorney General v. Major General David Tinyefuza (1997). This case highlights the vital role of judicial independence in safeguarding constitutional rights. 📜 Key Takeaways: 1️⃣ Parliamentary Immunity: Protected under Article 97 of Uganda’s Constitution, immunity ensures free and open dialogue within parliamentary committees without fear of reprisal. “…Any person participating or assisting in or acting in conncetion with or reporting the proceedings of parliament or any of its committees is entitled to such immunities as parliament may by law prescribe” - Get your self a copy of the Parliament (Powers and Privileges) Act, now Cap 274. 2️⃣ Judicial Review: The Judiciary reinforced its authority to check Executive actions, proving that no arm of government is above the Constitution including the Military or Army. These are pointers and not entirely exhaustive of the case and its findings. Take a Read 😉 💡 Why This Matters: This landmark ruling not only strengthened Uganda’s doctrine of separation of powers but also showcased the Judiciary’s essential role in maintaining checks and balances. It’s a reminder that a functioning democracy is one where the rule of law is upheld, and no institution operates in isolation. ❓⁉️❓How do you think the principle of separation of powers is evolving in today’s world? Are there parallels in other jurisdictions where these lessons resonate? #SeparationOfPowers #JudicialIndependence #RuleOfLaw #ConstitutionalLaw #UgandaLaw #LegalInsights

The Need to Be Constitutionally Aware for Better Preparation and Protection Written by A.N Amaechi-Ndukwe SAL In a democracy like Nigeria, the constitution is the supreme law, safeguarding the rights of citizens and ensuring the proper functioning of the state. However, its effectiveness depends on how well citizens understand its provisions. Constitutional awareness is crucial, not just for legal professionals, but for all citizens. It helps individuals exercise their rights, challenge injustice, and hold public officials accountable. Constitutional awareness empowers citizens to understand their rights, such as those enshrined in Chapter IV of the Nigerian Constitution, and protects them from violations. It also fosters active participation in democratic governance. An informed populace can vote wisely, engage in political discourse, and demand accountability. Legal institutions, particularly the judiciary, play a key role in promoting constitutional awareness through their interpretations of the law. However, this information must be communicated to the public in ways that are easily understood. Lawyers, civil society, and media platforms must work together to raise constitutional literacy across Nigeria. Ultimately, constitutional awareness is essential for both individual protection and collective progress. It equips citizens with the knowledge needed to uphold the rule of law and advocate for a more just and equitable society. Happy Independence Day #ConstitutionalAwareness #RuleOfLaw #Democracy #LegalRights #CitizenEngagement #HumanRights #LegalLiteracy #GoodGovernance #NigeriaLaw #CivicResponsibility #LegalEducation #ConstitutionalLaw

The legal frameworks in a country that support upholding the rule of law are mainly established through comprehensive legislation, effective judicial systems, and strong enforcement mechanisms. Without the efficient function of essential components, injustices such as corruption, inequality, and exploitation will continue to be perpetrated, especially in vulnerable communities. More needs to be done in the areas of legal reform, education, and community empowerment to ensure fairness and bring much-needed legal justice across Africa. I've seen firsthand how legal lapses can severely impact lives. Families in rural areas, just like those close to my heart, often face land disputes and are left voiceless without robust legal support. There is a desperate need for reforms that ensure equal access to justice and protect human rights for everyone. We must strengthen legal education in African countries to cultivate a new generation of ethical leaders and informed citizens. Empowering communities with knowledge about their rights can lead to grassroots movements that demand accountability and transparency. These efforts will lay the foundation for a future where the rule of law is not just an ideal but a lived reality for every individual. Together as Uganda's law society, and critical institutions of government, civic organisations and community groups & unions must advocate for changes that address systemic issues, ensuring that justice is served and dignity is upheld for all. It's personal for me, and I know it's personal for many others yearning for change. https://lnkd.in/dc7PWs3i

### Unpacking a Power Play: NDC to Challenge A-G at the General Legal Council 🏛️⚖️ **In a bold move that underscores the tumultuous nature of Ghanaian politics, the National Democratic Congress (NDO) is set to take the Attorney General, Godfred Dame, before the General Legal Council. This decision arises from serious allegations that the A-G attempted to unfairly incriminate Ato Forson, a prominent NDC member and former Deputy Finance Minister.** 🔍 **The Heart of the Controversy** The crux of the matter lies in what the NDC deems an abuse of power by the Attorney General, aimed at sidelining political adversaries using legal mechanisms. This accusation, if proven true, could tarnish the image of impartiality that is critical to the Attorney General's office. 👨⚖️ **Why It Matters** The General Legal Council, as Ghana's pinnacle body overseeing legal standards, plays a crucial role in maintaining ethical conduct among lawyers. The NDC's action in bringing a case before this council is not just about seeking justice for a wronged member but is indicative of deeper political strategies and the ongoing struggles within Ghanaian political arenas. 💬 **Engage Below!** Do you think the NDC's move will bring about a fair investigation, or could it escalate political tensions? What implications does this have for legal integrity and political accountability in Ghana? --- 👀 *Follow to See Beyond the News*

Mr. President, I disagree!!! (2) Yes, there exists within and outside the country schools of thought which insist that the constitution does not matter, these schools of thought argue that even if Angels and the Panjandrums came together to give the nation the most seamless of constitutions, as long as such constitutions were peopled by human beings, especially the best of Nigerians, such a constitution would only serve as a mere piece of paper. These Schools argue that from the historic point of view, merely changing or adopting a new constitution has not led to meaningful change in governance structures or political behavior in Nigeria. The existing 1999 Constitution has provisions designed to uphold democratic governance, protect human rights, and ensure accountability. However, the challenges Nigeria faces today—such as corruption, security issues, and ethnic tension—are less about the document itself and more about the failure of political leadership and institutional integrity. https://lnkd.in/dZFnMtit

[ARTICLE] Dr. Tiisetso Rantlo, Director of the Extractive Industry Law in Africa Unit at the Department of Public Law, collaborated with Germarie Viljoen (North West University), Romain Mauger, and Alois Mugadza to write "Water-Energy-Food Communities in South Africa: Exploring Multi-Actor Governance Instruments Contributing to Social Justice". Read more at: https://lnkd.in/dzP-KM7W

The Global Network of Movement Lawyers, hosted by Movement Law Lab, is excited to continue our symposium with Law and Political Economy with another piece by Lamine Benghazi of Avocats Sans Frontières en Tunisie - ASF spotlighting Tunisia as a case study on democratic backsliding to serve as a cautionary tale for what we may lose when we allow authoritarians to seize power and neglect the necessary ingredients for building a robust democratic polity post-revolution. https://lnkd.in/dk6KfYQ9

Lets Continue that conversation before morning turns to Noon 😉 Given our interaction with Law and Politics! Can Judges Truly Be Independent? Not only in Uganda but else where? Judicial independence is a cornerstone of any democratic society, ensuring that the judiciary can uphold the rule of law without fear or favor. In Uganda, this principle is enshrined in Chapter Eight of the 1995 Constitution, with Article 128 explicitly prohibiting interference in judicial functions. Yet, the practical reality tells a different story as argued by the majority. Despite constitutional safeguards, judicial independence faces significant challenges. Reports of political interference, especially in cases involving opposition figures, raise critical concerns. For instance, the recent arrest and alleged torture of human rights lawyer Eron Kiiza, while representing opposition leader Dr. Kizza Besigye, highlights the broader human rights and judicial autonomy issues at play. Similarly, the prosecution of civilians, such as Dr. Besigye, in military courts rather than civilian ones continues to draw criticism from both local and international observers. Systemic issues also persist—executive influence over judicial appointments, insufficient funding, and disregard for court decisions undermine a judiciary’s capacity to function independently. These challenges not only weaken public confidence in the justice system but also impede the realization of a truly independent judiciary, as envisioned by the Constitution. The question remains: What can be done to protect and reinforce the independence of “Your” judiciary? How can we, as professionals in law, politics, and governance, contribute to ensuring that the judiciary serves as a bastion of impartiality and justice? Let’s open up this important discussion. Judicial independence is not just a legal issue—it is fundamental to the rule of law, democracy, and the protection of human rights. #JudicialIndependence #RuleOfLaw #HumanRights #Uganda

Leaving Bay Street law to work the front line for the UN in Africa. Join me as I speak with Mahsa on what it is like to leave everything behind, and start a completely new chapter. https://lnkd.in/g3qAiGg5