Developments in African Constitutionalism

Welcome to Lex Amica Journal’s weekly roundup of notable developments in African constitutionalism.

Each week, we highlight important court rulings, legislative changes, constitutional reforms, scholarly articles, and commentary that shape constitutionalism across the continent.

If you have news, cases, or analysis to share for inclusion in “Developments in African Constitutionalism”, email us at editorial@lexamicaug.org

From African Constitutional Courts

1. South Africa’s Constitutional Court ruled that all parents of newborns are entitled to equal parental leave, overturning parts of the law that gave mothers four months’ leave but fathers only 10 days. The court found this discriminatory against fathers and confirmed that parents can now share the leave as they choose, marking a major victory for gender equality and family rights.

2. South Africa’s Constitutional Court dismissed a challenge by former President Jacob Zuma to a decision made by the current President Cyril Ramaphosa. The Court declined to grant direct access and ruled that the applicants had not established its exclusive jurisdiction because the dispute concerned the President’s exercise of discretion, not a failure to fulfil a constitutional obligation.

3. Uganda’s Constitutional Court dismissed a petition challenging the Parliament’s decision to purchase personal vehicles for Members of Parliament using public funds. The petitioner argued that the action violated the Constitution, claiming it amounted to preferential treatment, was discriminatory, and misused public property. The Court ruled that MPs’ vehicle facilitation was lawful, non-discriminatory, and did not violate public property laws.

From the News

1. Chad’s parliament approved a constitutional amendment extending the presidential term from five to seven years and removing term limits. The amendment enables President Mahamat Idriss Déby Itno, who assumed the transitional presidency in 2021 and was elected in 2024, to remain in power longer. Critics condemned the move as an “institutional lockdown” and warned that it undermines democratic governance.

2. South Africa’s Parliament is considering the Immigration Amendment Bill (B8-2024) to amend the Immigration Act, 2002, to revise provisions relating to the arrest and detention of illegal foreigners for deportation purposes and to align these provisions with constitutional principles.

3. In a referendum held in late September 2025, voters approved a new constitution in Guinea. The constitution, proposed by the military junta, allows the current leader, Mamady Doumbouya, to run for president. Key changes include extending the presidential term from five to seven years and establishing a Senate largely controlled by the President.

4. Zambia’s Catholic bishops have expressed opposition to the revised Constitutional Amendment Bill No. 7 of 2025, arguing that it is undemocratic and lacks adequate citizen participation. The bill proposes changes to the composition of the National Assembly and local government structures, including the removal of term limits for mayors and council chairpersons. The bishops are calling for a genuinely inclusive legislative process.

5. On September 30, 2025, Madagascar’s President Andry Rajoelina dissolved the government following deadly youth-led protests over deteriorating living conditions, including water and power shortages. According to the UN, the unrest resulted in at least 22 deaths and over 100 injuries.

6. On October 1, 2025, Ugandan opposition politician Dr. Kizza Besigye asserted his right to speak directly to the High Court during his treason trial. The judge initially required his lawyers to speak on his behalf, but the court ultimately allowed him to submit his concerns in writing. Besigye has been in detention for a year following his abduction from Kenya and has repeatedly been denied bail on questionable grounds by the same judge, fueling perceptions of judicial bias.

7. Ahead of the October 29, 2025, elections, Tanzania introduced a new “independent” electoral commission, but critics argue the executive still controls key appointments. The ruling party faces minimal opposition after major opposition parties were excluded, making President Samia Suluhu Hassan’s victory all but certain. With ongoing restrictions on media freedoms and civil liberties, the elections reflect Tanzania’s ongoing constitutional and democratic backsliding.