South Africa lacks individuals' access to African Court

South Africa is facing criticism for not allowing individuals direct access to the African Court on Human and Peoples’ Rights. This court, based in Tanzania, is crucial for advancing human rights on the continent. Although South Africa has made significant contributions to human rights since its democratic transition in 1994, it has not yet signed up for this important measure. The African Court was established to complement the work of the African Commission on Human and Peoples’ Rights. South Africa played a key role in its creation by hosting initial meetings for drafting the necessary legal framework. Many African countries recognize the court's authority, but South Africa has not allowed its citizens to bring cases directly to it. Currently, only a few countries, such as Burkina Faso and Ghana, permit their citizens to access the court directly after exhausting local legal options. Most cases come through the commission, but this channel has produced very few rulings. In 2024, only 15 new cases were submitted, compared to 66 in 2019. This decline is linked to some governments withdrawing their acceptance of direct access, as they often resist scrutiny for human rights violations. Allowing direct access to the court would provide South African citizens with more opportunities for justice beyond local courts. It aligns with the country’s constitution and would enhance the effectiveness of the African Court. South Africa's acceptance of this measure could also strengthen its role in promoting human rights across Africa. The current environment of increasing challenges to human rights makes it crucial for South Africa to act. By accepting direct access to the African Court, South Africa could not only support the court but also reaffirm its commitment to human rights for all its citizens.