Michael Power

Director // Co-founder

public law & Policy, emergent tech, information rights

advisory, analysis, research, training, tech

special projects

Developing international human rights law

ABOUT MICHAEL

Learn more about Michael and his work

Overview

Michael is an Attorney of the High Court of South Africa (with Right of Appearance) and a member of the Legal Practice Council. He holds B.A., LL.B. (with Distinction), and LL.M. in Public International Law (with Distinction) degrees from the University of Witwatersrand, and a Certificate in International Trade Regulation from the World Trade Institute, University of Bern.

Michael focuses on public law and policy, information rights, data privacy, and emergent technology, with a particular interest in the development and implementation of constitutional law, international law and emergent technologies. He is also a director and co-founder of Power Singh Inc. (2018-) and currently acts as an adviser to the International Network of Civil Liberties Organisations (INCLO) in its Protest Rights and Policing thematic area.

Before forming ALT Advisory, Michael practised public law at the Legal Resources Centre (2012-14; 2015-17), and he clerked at the Constitutional Court of South Africa (2014, Justice Bess Nkabinde) and the Gauteng Local Division of the High Court, Johannesburg (2011, Justice Kathleen Satchwell).

Michael has appeared before various courts and tribunals in South Africa, the African Commission on Human and Peoples’ Rights, the United Nations Committee on Economic, Social, and Cultural Rights, and the United Nations Human Rights Committee and Council.

Michael has a keen interest in understanding the intersection between law and technology and how technology can be used to protect and promote fundamental rights.

He is presently running the Data Protection Africa and Democracy 2.0 special projects.
Professional Affiliations
- Attorney of the High Court of South Africa (with Right of Appearance), admitted on 12 May 2014.
- Member of the Legal Practice Council (Membership Number: 37241).
Academic Qualifications
- B.A., LL.B. (with Distinction), LL.M. in Public International Law (with Distinction) (University of the Witwatersrand).
- Certificate in International Trade Regulation (University of Bern).
Judicial Clerkships
- Justice Bess Nkabinde at the Constitutional Court of South Africa (2014).
- Justice Kathleen Satchwell at the Gauteng Local Division of the High Court of South Africa, Johannesburg (2011).
Recent Publications / Presentations
- Co-Author, Guruli et al., ‘Access Denied: Internet Access and the Right to Education in South Africa’ Report (29 September 2020).
- Avani Singh & Michael Power, ‘New digital regulations mean the state can track you — no questions asked’ (31 March 2020) Mail & Guardian.
- Avani Singh & Michael Power, ‘The privacy awakening: the urgent need to harmonise the right to privacy in Africa’ (2019) 3
  African Human Rights Yearbook 202-220.
- Michael Power & Avani Singh, ‘South African High Court finds surveillance law unconstitutional‘ (26 September 2019) IACL-AIDC Blog.
- Avani Singh & Michael Power, ‘Attacks on foreign nationals may constitute terrorism‘ (13 September 2019) GroundUp.
- Co-Author, International Network of Civil Liberties Organisations (INCLO) / International Human Rights Clinic, University of Chicago Law School (IHRC), ‘Defending Dissent: Towards State Practices that Protect and Promote the Rights to Protest’ Report (27 June 2018).
- Michael Power & Manson Gwanyanya, ‘Massacre at Marikana: A failure of oversight and the need for direct community involvement’ (July 2017) SUR International Journal on Human Rights 25.
- Michael Power & Eric Cheng, ‘Opening the Protest Space: Reflections on the Legal Development of Protest Laws in South Africa and Proposed Areas of Reform’, presented at the South African Journal of Human Rights Colloquium, 19 May 2017, University of the Witwatersrand.
- Presentation of the draft Principles and Guidelines on the Implementation of the Right to Water in Africa, presented during the Panel of the Working Group on Economic, Social and Cultural Rights (ECOSOC‑WG), 24 October 2016, 59^th Ordinary Session of the African Commission on Human and Peoples’ Rights, Kairaba Beach Hotel, Banjul, The Gambia.
- Presentation of ‘Lethal in Disguise: The Health Consequences of Crowd Control Weapons’, presented at the NGO Forum of the African Commission on Human and Peoples’ Rights, 5 April 2016, 58^th Ordinary Session of the African Commission on Human and Peoples’ Rights, Paradise Suits Hotel, Banjul, The Gambia.
- Contributor, International Network of Civil Liberties Organisations (INCLO) / Physicians for Human Rights (PHR), ‘Lethal in Disguise: The Health Consequences of Crowd-Control Weapons’ Report (9 March 2016).
- ‘The excessive use of force in public order policing: Marikana and global trends towards remilitarisation’, presented at Commissioning the Present: Marikana and its Aftermath, 8 May 2015, University of the Witwatersrand, Johannesburg, South Africa.
- Author, Trial Observation Report, State v Beatrice Tele Mtetwa, International Bar Association Human Rights Institute (24 December 2013).
- Mitchell Mackay & Michael Power, ‘Moving on from Mistrust: Balancing State Security Concerns with the Right to Open and Democratic Government’ (2013) Focus 71.
- Michael Power, ‘Hybrid Lore: Moving Toward True Transitional Justice’ (2012) University of the Witwatersrand LL.M. Dissertation.
Press Engagements
- The Washington Post, In Hong Kong crackdown, police repeatedly broke their own rules — and faced no consequences (24 December 2019).
- New York Times, 1,800 Rounds of Tear Gas: Was the Hong Kong Police Response Appropriate? (18 August 2019).
- CNBC Africa, Internet Shutdowns Violate Human Rights (29 January 2019).
- Canadian Civil Liberties Association, CCLA Talks Right to Protest at University of Chicago Law School (2 April 2018).
Contact Michael

Promoting rights-based technology innovation

MICHAEL’S RECENT WORK

Learn about Michael’s recent projects

Developing a civil society accreditation mechanism and national chapter framework for the Economic, Social & Cultural Council (ECOSOCC) of the African Union – Advisory, Research, Public Law & Policy.
Preparing a gender analysis and action plan to mainstream gender in the Joint Labour Migration Programme for Africa – Advisory, Research, Public Law & Policy.
Preparing a research report for the South African National Editors’ Forum (SANEF) on media sustainability and universal access to public interest journalism – Research, Public Law & Policy.
Preparing a situation analysis and implementation mechanism for the East African Community Regional Labour Migration Policy – Research, Public Law & Policy.
Assisting the African Network of Data Protection Authorities (RAPDP) with institutional development and support, including the development of institutional policies and frameworks – Advisory, Data Privacy.
Providing ongoing strategic guidance and project management support to the International Network of Civil Liberties Organisations (INCLO) – Advisory, Research, Impact, Public Law & Policy.
Providing technical and research support to the Department of Social Affairs (DSA) of the African Union Commission (AUC) in the preparation of draft guidelines on the African Union Free Movement Protocol – Advisory, Research, Public Law & Policy.
Preparing a research report on data protection in Sub-Saharan Africa – Research, Data Privacy.
Preparing a draft legal and political framework for the Citizens and Diaspora Directorate (CIDO) of the African Union Commission (AUC) – Research, Public Law & Policy.
Preparing a parallel coalition report and submission on the list of issues on behalf of the Association for Progressive Communications (APC), Media Monitoring Africa (MMA), and the Right2Know Campaign (R2K) to the 61st session of the Pre‑Sessional Working Group of the United Nations Committee on Economic, Social and Cultural Rights in response to the Government of South Africa’s initial report dated 25 April 2017 – Advisory, Research, Public Law & Policy, Information Rights.
Preparing an issue paper on behalf of Association for Progressive Communications (APC), in collaboration with South African National Editors’ Forum (SANEF) and the Interactive Advertising Bureau (IABSA), titled ‘Perspectives on universal free access to online information in South Africa: Free public wi-fi and zero-rated content’ – Research, Information Rights.