Starting the emergency process : some reflections on presidential prerogatives in South Africa and Cameroon in time of turmoil

Abstract

The study investigates and entails a crossed analysis of the legal and constitutional processes through which a state of emergency and a state of siege are brought into being within the contexts of Cameroon and South Africa. In both countries, a presidential act is required to enforce these institutions. However, the significant fact is that the status and the legal regime of such an act are different and lead to some major consequences on human rights and the rule of law. In the case of Cameroon, the presidential act declaring a state of emergency or a state of siege is an Act of state whereas in the case of South Africa, it is an Act of Parliament. The latter is subject to judicial review and parliamentary appreciation whereas the former is linked to the idea of raison d’état and is a completely presidential matter.