Role of the Judiciary

Developments from the 48th Ordinary Session of the African Court on Human and Peoples’ Rights

Developments from the 48th Ordinary Session of the African Court on Human and Peoples’ Rights

In the last week of February 2018, Africa’s principal human and peoples’ rights judicial organ, the African Court on Human and Peoples’ Rights, commenced its 48th session at its seat...
The bogey of judicial overreach in South Africa: A note on Economic Freedom Fighters v Speaker of the National Assembly

The bogey of judicial overreach in South Africa: A note on Economic Freedom Fighters v Speaker of the National Assembly

Discussions over the contours of the separation of powers principle in South Africa continue to smoulder. During President Jacob Zuma’s term, this dialogue was in overdrive mode. Recently, in Economic...
Learning Lessons from Litigators: Formulating Remedial Relief

Learning Lessons from Litigators: Formulating Remedial Relief

Remedial strategy is an important aspect of any broader litigation strategy. An important aspect of strategic decision-making in this regard is to consider what relief the court might be willing...
Learning Lessons from Litigators: Party Interaction

Learning Lessons from Litigators: Party Interaction

Remedial strategy should be developed at the early stages of preparing for litigation, as the desired remedial relief will often inform the way the claim should be formulated. An important...
Learning Lessons from Litigators: Implementation and Follow-Up

Learning Lessons from Litigators: Implementation and Follow-Up

The kind of remedial relief sought might differ on the basis of whether the government has failed to realise the right to education or whether a private provider of education...
Learning Lessons from Litigators: Dealing with Non-Compliance

Learning Lessons from Litigators: Dealing with Non-Compliance

What if it becomes clear that the government or private provider of education is failing to comply with the terms of the remedial order? The implementation of remedies is key...
Learning Lessons from Litigators: Timing the Litigation

Learning Lessons from Litigators: Timing the Litigation

In realizing a right to education, lawyers need to move beyond the nuts and bolts of the law and consider these broader issues. We start with the tricky issue of...
Learning Lessons from Litigators: The Role of the Client

Learning Lessons from Litigators: The Role of the Client

It is always tempting to focus on the public interest aspects of the claim but it is crucial not to lose sight of the client. The lawyer has to strike...
Learning Lessons from Litigators: Framing the Litigation

Learning Lessons from Litigators: Framing the Litigation

Lawyers must make numerous decisions throughout the litigation—both legal and non-legal. This can raise a confusing minefield of both promises and pitfalls. In this block, we look at the legal...
Learning Lessons from Litigators: Innovative Strategies

Learning Lessons from Litigators: Innovative Strategies

The unique nature of public interest lawyering—using court process to prompt transformative change—requires lawyers to be creative. Lawyers must have a strong knowledge of the law and a strong imagination...
Learning Lessons from Litigators: Building Support for Litigation

Learning Lessons from Litigators: Building Support for Litigation

Public interest lawyering is not confined to the four walls of the court room. Lawyers do not only need to master legal tools and techniques, they also need to tap...
The Supreme Countdown: The Fortnight That Shaped Kenya’s Presidential Determination and Beyond

The Supreme Countdown: The Fortnight That Shaped Kenya’s Presidential Determination and Beyond

Since 1 September 2017, when the Supreme Court of Kenya nullified the Presidential election, the spotlight shifted to the final judgment of the apex court. Least remembered, and understandably so,...

Become A Contributor To The Blog