As a visiting researcher at the University of Johannesburg Faculty of Law, Ben continues to teach and conduct research in the fields of constitutional law and international law.
There and Back Again: The Long Road to Access to Information in M&G Media v President of the Republic of South Africa, 5 Constitutional Court Review 466-490 (2015) [co-authored with Okyerebea Ampofo-Anti]
This comment chronicles the ongoing uphill journey of a single case – landmark litigation on the right of access to information – through three courts, and back again, over six years. We survey the view from the summit – the proceedings before the Constitutional Court – to consider and critically analyse how the Court’s treatment of the matter has defined the landscape of litigation in factual disputes about whether information held by the state has been justifiably hidden from public sight. We identify four flaws in the Court’s approach. These flaws, we argue, are likely to discourage the public from effectively enforcing their right to know.
Homeland: The Development of the Principle of Open Justice to Protect South Africans from Abuse of their Asylum System, 5(2) Journal of Media Law 306-321 (2013) [co-authored with Dario Milo]
The principle of open justice has played an important part in marking South Africa’s historic transition from a repressive regime sustained by secrecy and tyranny to a democratic state founded on the values of ‘accountability, responsiveness and openness’. The status of this principle as a vital constitutional imperative was recently reaffirmed by the Constitutional Court in Mail & Guardian Media Ltd and Others v Chipu NO and Others, where it held that the Refugees Act was unconstitutional to the extent that it precluded members of the public and the media from accessing Refugee Appeal Board proceedings even when they implicate a matter of legitimate public interest.
A Covenant of Compassion: African Humanism and the Rights of Solidarity in the African Charter on Human and Peoples' Rights,
2 AHRLJ 447-464 (2011)
The rights of peoples – to existence, equality, self-determination, sovereignty over natural resources, peace and security, development and a satisfactory environment – were included in the African Charter for historical and philosophical reasons rooted uniquely in the African experience.