As South Africa marks 25 years since ratifying the African Court on Human and Peoples’ Rights Protocol, legal and human rights experts are questioning why the country has yet to allow its citizens and NGOs direct access to the court. The delay limits avenues for justice, particularly in cases where domestic legal systems fail.
Mondelkazi Ntshele, a Master’s candidate in Human Rights and Democratization in Africa, highlighted this gap during a recent interview, contrasting South Africa’s proactive stance on international justice—such as its case against Israel at the International Court of Justice (ICJ)—with its reluctance to empower Africans to seek accountability within the continent.
The Stalled Declaration
South Africa ratified the African Court Protocol in 1999 but has not made the crucial Article 34(6) declaration, which would permit individuals and civil society groups to bring cases directly to the court. Without this step, only states and the African Commission on Human and Peoples’ Rights can lodge complaints.
Ntshele argued that this undermines the African human rights system. “South Africa champions socio-economic rights in Africa, yet it hesitates to let its own citizens access the African Court,” she said. “If we can take Israel to the ICJ, why not hold African governments accountable for violations in Sudan, the DRC, or even at home?”
Sovereignty vs. Accountability
The hesitation mirrors a broader trend. Countries like Burkina Faso and Benin initially allowed direct access but later withdrew, citing sovereignty concerns. Ntshele acknowledged fears of governments being held accountable but stressed that local remedies often fail. “What happens when domestic courts are ineffective? The African Court should be a last resort for justice,” she said.
A Call for Political Will
Ntshele emphasized that progress depends on political will, urging Parliament and the Justice Ministry to prioritize the declaration. Academic and civil society advocacy is growing, with institutions like the University of Pretoria pushing for reform.
Global Parallels
Regional human rights courts, such as the European Court of Human Rights and the Inter-American Court, allow individual petitions. Ntshele warned that without similar access, the African Court’s credibility risks erosion.
The Path Forward
As Africa celebrates its human rights framework, South Africa faces a pivotal choice: reinforce its commitment to justice or remain a hesitant participant. “This isn’t just about South Africa,” Ntshele said. “It’s about building a continent where accountability transcends borders.”
For now, the question lingers—will South Africa lead by example or lag behind?