Open Society Initiative of Southern Africa (OSISA)

There is nothing extraordinary about Mary-Joyce Doo Aphane. Nor is there anything extraordinary – in most countries – about her desire to register a newly-bought property in both her and her husband’s names. What is extraordinary is that she still couldn’t do that in Swaziland in the 21st century, despite being married in community of property. And what is even more extraordinary is that she took on the out-dated, discriminatory laws in court and won – the first time that Swaziland’s 2005 Constitution has been used as the basis to protect women’s rights.

On Power Day at the OpenForum, I would like to introduce the idea of a new paradigm in international relations, which was introduced by the work of the drafters of the Rome Statute and the establishment of the International Criminal Court: this idea is that of law as a global tool to contribute to the world’s peace and security.

I believe the power of law consists in its ability to redress the balance between the criminals who wield power and the victims who suffer at their hands. I believe in law as power for all; it is the ultimate weapon that the weak have against the strong.

Last week’s South African High Court judgement that former soldiers from indigenous groups cannot be considered for re-integration into the SA National Defence Force (SANDF) is extremely unfortunate since it perpetuates an unfair characterisation of the Khoi and San soldiers who were part of the SANDF prior to 1994 as being guilty of complicity with the apartheid regime, and therefore deserving of retribution and reprisal.

Dreaming of equality: Time to fulfil the GPA’s promises to women