Free movement of persons is one of the core tenets of the East African Community (EAC) common market, making it seem like a purely economic project. However the EAC ultimately aims to constitute itself as a political federation. This article argues that the free movement of persons within the EAC should be interpreted in broad terms with the aim of asserting it as a fundamental right of EAC citizens. Such an interpretation should be championed by the East African Court of Justice, whose mandate is the interpretation and application of community law. The court, however, seems to prefer a narrow, textual and cautious interpretive approach that may not necessarily advance the EAC's broader objectives. A human rights-oriented interpretive approach might just be the key to realizing a progressive transformation in the rationalization of the right to free movement within the EAC.

Kenya's 2010 Constitution marks the first time that treaty law has been constitutionally declared part of Kenya's domestic law. However, the laconic drafting of the relevant provision leaves unanswered questions about the role of treaties. This article seeks to answer some of those questions, addresses conflicts between treaties and other laws, and concludes that treaties can be directly enforceable in domestic law unless they are expressly non-self-executing. Furthermore, domestic courts must apply treaties in accordance with the constitution, although the article also addresses the problems that this causes with article 103 of the UN Charter and the East African Community Treaty. Treaties that are applied directly domestically should be considered at a par with statutes enacted by the national Parliament and prevail over county laws. Human rights treaties should carry greater weight than conflicting statutes. Where a treaty is implemented into domestic legislation, the “parent” treaty should prevail where there is a conflict.

The South African Constitution recognizes the use of 11 official languages within “provincial” and “national” government on the basis of “parity of esteem”. However, it does not specifically refer to the recognition and use of language in tribunals. Any perceived attribution is couched in generic terms that are open to interpretation, as evidenced in the cases of Matomela, Damoyi and Pienaar. The employment of a single language policy in court proceedings, as advocated in Matomela and Damoyi is probably the most sensible, pragmatic and plausible language policy imaginable. Such a position would be desirable to ensure speedier and simpler proceedings. However, it would, as argued in Pienaar, not only accord primacy and prominence to a single language, but would operate contrary to the spirit of plurality, multilingualism and inclusivity, which forms the bedrock of the current constitutional dispensation. Meanwhile, the dominance of English and (to a lesser extent) Afrikaans continues almost unabated, despite the principles of inclusivity championed by the Constitution.

Compulsory acquisition of land by the state for public purposes is an entrenched feature of national constitutions. Yet the scope of private property is rarely defined. This is problematic in agrarian economies where millions own land under non-statutory arrangements that were historically excluded from recognition as property. This study examines the case in Africa where more than 650 million people are untitled customary landowners. Despite vibrant constitutional change, protection of these rights remains disappointing, while the grounds for taking land have expanded. However, this article concludes that reining in the scope of public purpose is not the most useful way forward. It would be more productive to persist in bringing constitutional force to bear on the standing of customary rights, along with democratizing procedures towards full community participation in deciding how public purpose acquisitions should proceed. The result would be greater tenure security, good governance and more peaceful relations between the state and people regarding land.

The wording of article 47 of Kenya's Constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in South Africa's 1996 Constitution. Like section 33, article 47 mandates the enactment of legislation to give effect to these constitutional rights, and Kenya's Fair Administrative Action Act 4 of 2015 was strongly influenced by the equivalent South African legislation, the Promotion of Administrative Justice Act 3 of 2000 (PAJA). South Africa can thus be regarded as a sort of laboratory for Kenyan administrative justice. The aim of this article is to highlight some of the South African experience in relation to section 33 and the PAJA in the hope that Kenya will learn from some of South Africa's mistakes. It argues that the Kenyan courts should avoid following the example of their South African counterparts in allowing their mandated legislation to become almost redundant.

Drawing on ethnographic research, this article reflects critically on the current involvement of the Cameroonian state in witchcraft accusations. Unlike other African states where witchcraft is connected to religion and culture and as such is far detached from economics and politics, post-colonial Cameroon associates witchcraft and other occult practices with being a major factor in its slow economic development. The state resorted to criminal law in its attempts to eradicate the practice. Its penal code subjects persons accused of witchcraft to imprisonment for up to ten years. This provision has been subject to great criticism, as its application has led to a high conviction rate of indigenous Cameroonians. The aim of this article is not to determine the appropriateness of this approach, but to raise questions and shed light on the various inconsistencies with criminalizing a practice that arguably constitutes an underlying basis of indigenous Cameroonian cultural heritage.

Widows throughout sub-Saharan Africa may be at risk from dispossession when their husbands pass away. Whereas some scholars view widow dispossession as prevalent and global, others suggest that the issue is less common than claimed. This article contributes to understanding about the frequency of, and reasons for, widow dispossession through an empirical investigation of widowhood in Cameroon. By adopting a comparative method, working with similar groups in both francophone and anglophone regions, it presents preliminary findings. These findings include a higher awareness of widow dispossession in anglophone areas compared to francophone samples. Moreover, notably fewer marriages are legally registered in the anglophone dataset, compared to the francophone group, which may place anglophone widows at greater risk of dispossession. The article then assesses the impact of custom, religion, civil law and common law on the findings. In conclusion, it recommends the need for a holistic consideration of land rights.