Several post-independence African states have opted for constitutional democracies in response to various governance challenges. Most of these constitutions espouse values of constitutionalism, such as the rule of law, human rights and citizenship. This article interrogates the concept of constitutionalism, examines its pillars and values, and reflects on how Africa's constitutions mirror them. Its thesis is that a constitutional government does not necessarily approximate constitutionalism. The article argues, with evidence, that many states possess constitutions but fall short in practising constitutionalism. It calls on these states to embark on institutional reforms and to pursue good governance that improves the living standards of their citizens.

Public procurement is often used to achieve policy goals beyond the purchase of the required goods and services. These goals include the economic advancement of minorities, the promotion of fair labour practices and climate action. In the last two decades, many countries have used public procurement to advance gender equality. This is referred to as gender-responsive procurement and is often implemented through the award of public contracts to women-owned businesses. While many countries have legal provisions designed to increase the award of public contracts to women, gender-responsive procurement is extremely limited and women-owned businesses are not fully integrated into public sector supply chains. This is unfortunate, given that gender-responsive procurement can improve women's economic empowerment, with implications for sustainable development. This article adopts a gender equality and women's economic empowerment lens to examine the legal, policy and cultural barriers to gender-responsive procurement and recommends measures to improve the award of public contracts to women-owned businesses.

Women experience climate change in different ways to men and are often disproportionately affected, highlighting the need for gender-focused climate initiatives. Strengthening laws and policies to address women's and gender issues is one way forward. Yet, less research attention has been given to women and gender in climate change law than in other issues. This article seeks to advance the field by exploring the relevant law, policy and governance commitments made by all African nations under the Paris Agreement. The findings indicate that most African nations include some gender-related commitments, but only a few include detailed legal initiatives ready for implementation. These more detailed initiatives are synthesized to identify a toolbox of options, which are then applied to Tanzania as a case study. This article contributes to the literature by comprehensively analysing the African climate change commitments and by making tangible recommendations for Tanzania.

This article examines the interplay between traditional leaders, democratically elected leaders and succession in Makapanstad Village, North West Province, South Africa. The article stems from community-based participatory action research conducted in Makapanstad in 2018. The article uses research data, in the form of community dialogue, together with desktop literature on the same subject. The article analyses the significance and role of traditional leadership in a democratic South Africa. It considers traditional leadership and democratically elected leadership in conjunction with succession and the demarcation of roles and responsibilities. The article analyses participants’ views to explore the form of leadership preferred by the residents of Makapanstad. It argues that, despite the recognition of traditional leadership in South Africa's Constitution, the roles and responsibilities of traditional leaders in local and provincial arms of government are limited, in contrast to those of democratically elected leaders.

This article explores the remaking of administrative law review in South Africa since the introduction of constitutional democracy in 1994. It characterizes the construction of the constitutional and legislative framework, as well as the courts’ interpretation of that framework, as the first phase of the remaking. The second phase encompasses the courts’ recognition of a constitutional principle of legality based on the rule of law, and their swift development of the content of this principle. This judicial creativity has resulted in an elaborate avenue to review, parallel to the Promotion of Administrative Justice Act 3 of 2000, and has caused problems of rivalry and avoidance. The article identifies and discusses some of the more significant implications of each of these phases of reconstruction. It also proposes corrective measures likely to advance the coherence and effectiveness of judicial review and discourage the adoption of a doctrine of non-justiciability.

A “sink or swim” approach has been considered the only way to learn how to conduct empirical research; this should not be the case. Empirical research can be challenging for methodological, practical and ethical reasons; thus there should be detailed and systematic reporting on the methodology adopted. The absence of studies documenting the experiences of researching law implies that important lessons gained by one cohort are not readily accessible in a systematic way for the next. This article presents the methodology of research that was conducted in a conflict area in Nigeria during the pandemic; it aims to provide detailed reporting on the research and highlight the challenges. It offers lessons to future researchers undertaking socio-legal research in a conflict zone, during a pandemic or both. It contributes to the body of knowledge that presents not just what is being done in legal research but how, in order to develop “robust and cumulative scholarly traditions”.

On 25 October 2021, Nigeria became the second country in the world, and the first in Africa, to launch a central bank digital currency. Launched with the tag line “Same Naira. More possibilities”, the Central Bank of Nigeria publicized the eNaira as having the capability to deepen financial inclusion, reduce the cost of financial transactions and support a more efficient payment system. However, more than one year after its launch, its usage is yet to gain a critical mass. This article identifies the significant challenges that make the eNaira unacceptable and potentially ineffective. First, its status as legal tender is questionable; secondly, it undermines privacy, a critical component of physical cash. Thirdly, it is incapable of wide acceptance by individuals and entities across Nigeria. The article explains each of these challenges and proposes a roadmap to the eNaira's acceptance and effectiveness.

The Wills Act 1971 and the Intestate Succession Act 1985 embody commorientes rules that are inconsistent, unfair to one of the deceased persons and arguably undermine the expectations of Ghanaians. While the former presumes that a testator predeceases a beneficiary, the latter presumes that the older spouse died before the younger. Though these presumptions are essential for establishing entitlement to property, it would seem that they work to the advantage of one of the parties and to the detriment of the other. Accordingly, the commorientes rules must be modified to include presumptions that are equitable and consistent with the socio-cultural expectations of Ghanaians. This can be achieved by resorting primarily to expectations regarding succession at customary law.