Many Commonwealth African constitutions provide for the making of rules imposing time limits on the enforcement of constitutional rights. A typical example is article 46(1) of the Constitution of the Seychelles which provides: “The Chief Justice may make rules for the purpose of this article with respect to the practice and procedure of the Constitutional Court … including rules with respect to the time within which an application or a reference may be made or brought”.

In June 1995, die Constitutional Review Commission issued its report. Its major recommendations for a new constitution for Zambia are noted below whilst a detailed analysis will appear in the Journal at a later date.

Article 91(3) of the Constitution of Zambia provides that: “The Judicature shall be autonomous and shall be administered in accordance with the provisions of an Act of Parliament”. The financial and administrative independence of the judiciary is now provided for in die Judicature Administration Act, 1994.

In July 1995 this long-awaited Act was signed into law. Its Preamble states that it is: “To provide for the investigation and establishment of as complete a picture as possible of the nature, causes and extent of gross violations of human rights committed during the period from 1 March 1960 to the cut-off date contemplated in the Constitution, within or without the Republic, emanating from the conflicts of the past, and the fate or whereabouts of the victims of such violations; the granting of amnesty to persons who make full disclosure of acts associated with a political objective committed in the course of the conflicts of the past during the said period; affording victims an opportunity to relate the violations they suffered; the taking of measures aimed at the granting of reparation to, and the rehabilitation and the restoration of the human and civil dignity of, victims of violations of human rights; reporting to the Nation about such violations and victims; the making of recommendations aimed at the prevention of the commission of gross violations of human rights; and for the said purposes to provide for the establishment of a Truth and Reconciliation Commission, a Committee on Human Rights Violations, a Committee on Amnesty and a Committee on Reparation and Rehabilitation…”

In the case of In Re: Chikweche (Supreme Court of Zimbabwe, 1995, unreported), the applicant, a devout follower of the Rastafari movement, was refused registration as a legal practitioner by a High Court judge. The precise reasons for the refusal were not clear but seemingly the applicant was not considered a “fit and proper person” as required by section 5(1)(f) of the Legal Practitioners Act. Before the Supreme Court it was submitted that such refusal was by reason only of the applicant's dreadlocks hairstyle and therefore this infringed his constitutional right to freedom of conscience.

The first term of the Constitutional Court began in February 1995. The Court is made up of 11 judges, five of whom, namely Mr Arthur Chaskalson (President), Mr Justice Goldstone, Mr Justice Laurie Ackermann, Mr Justice Ishmail Mohamed, and Mr Justice Tholakele Madlain, were appointed by the President of the Republic in consultation with the Cabinet and the Chief Justice. The remaining six members were appointed by the President of the Republic after consultation with the President of the Court and the Cabinet and following the making of recommendations by the Judicial Service Commission (JSC). In so doing, the JSC was required to take into account “the need to constitute a court which is independent, competent and representative in respect of race and gender”. After a series of public hearings, the JSC submitted a list often names for consideration from the 24 candidates who were short-listed. The following six were appointed: Mr Justice John Didcott, Mr Justice Johann Kriegler, Mr Pius Langa, Prof. Yvonne Mokgoro, Prof. Catherine O'Regan and Prof. Albie Sachs. The Constitutional Court Complementary Act, 1995, provides that eight of the 11 judges must hear each case, so that only one case can be heard by the court at any one time.

In September 1994 representatives from national parliaments in 33 African states attended the 92nd Inter-Parliamentary Conference. The following resolution was adopted unanimously by the conference and is significant in that it sets out a series of strategies which, if implemented, will go a long way towards the strengthening of human rights in practice.