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 ...
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 ...
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 ...
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 ...
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 ...
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
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 ...
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 ...
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
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
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 ...
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 ...

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