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Legal Barriers to Women's Access to Elected Parliamentary Seats in Light of 30 Years of Multiparty Democracy in Tanzania J. Afr. Law (IF 0.3) Pub Date : 2024-09-19 Victoria Melkisedeck Lihiru
The year 2022 marked 30 years since Tanzania re-adopted multiparty democracy in 1992. The number of women parliamentarians has increased from 16 per cent after the multiparty elections in 1995 to 37.4 per cent after the 2020 elections. However, a significant share of women parliamentarians emanates from the special seats system, while only a small share of women hold directly elected seats. For example
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Mediation and the Structural Interdict as Legal Options to Resolve Service Delivery Failures in South Africa J. Afr. Law (IF 0.3) Pub Date : 2024-05-16 Johandri Wright
South African municipalities are entrusted to perform various functions, including providing basic services to communities. Recently, the auditor-general has raised concern about municipalities’ overall functionality and ability to fulfil their obligations. Municipalities’ service delivery failures have led to disputes between them and their communities. Moreover, South African courts have drawn attention
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The Role of Copyright Law in the Attainment of Inclusive and Equitable Quality Education in English-Speaking West African Countries J. Afr. Law (IF 0.3) Pub Date : 2024-05-16 Ifeoluwa Ayokunle Olubiyi, Allahmagani Khali
Education is a prerequisite for the attainment of sustainable development, with multiplier effects on society. This study examines the possibility of achieving inclusive and equitable education under the UN Sustainable Development Goal (SDG) 4, AU Agenda 2063 and ECOWAS Vision 2050. Copyright plays an essential role in either encouraging or barring access to educational materials, which are necessary
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Prohibiting Political Party Membership as a Condition for Receiving Political Service Retirement Benefits under Ethiopian Law: A Comparison with Kenya and Tanzania J. Afr. Law (IF 0.3) Pub Date : 2024-05-13 Leake Mekonen Tesfay
This article questions the justification for restricting political party membership as a condition for receiving political service retirement benefits in Ethiopia (a restriction first imposed through the Administration of the President of the Federal Democratic Republic of Ethiopia Proclamation and endorsed in the Rights and Benefits of Outgoing Heads of State and Government, Senior Government Officials
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An Assessment of the Doctrine of Commorientes and Its Implications for the Devolution of Testate and Intestate Property in Ghana J. Afr. Law (IF 0.3) Pub Date : 2024-04-30 Ama F Hammond, Prosper Batariwah
The Wills Act 1971 and the Intestate Succession Act 1985 embody commorientes rules that are inconsistent, unfair to one of the deceased persons and arguably undermine the expectations of Ghanaians. While the former presumes that a testator predeceases a beneficiary, the latter presumes that the older spouse died before the younger. Though these presumptions are essential for establishing entitlement
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Custom Versus Customary Law: Does South African Jurisprudence Draw the Distinction? J. Afr. Law (IF 0.3) Pub Date : 2024-04-29 Fatima Osman
This article presents a critical analysis of whether South African courts employ established theoretical concepts to delineate the boundaries between custom and customary law. To facilitate a comprehensive understanding, the article begins by providing an overview of the South African legal system, laying the groundwork for the subsequent discussion. The article then delves into prominent theories
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Women, Climate Change and the Law: Lessons for Tanzania from an Analysis of African Nationally Determined Contributions J. Afr. Law (IF 0.3) Pub Date : 2024-04-19 Erika Techera, Anabahati Joseph Mlay
Women experience climate change in different ways to men and are often disproportionately affected, highlighting the need for gender-focused climate initiatives. Strengthening laws and policies to address women's and gender issues is one way forward. Yet, less research attention has been given to women and gender in climate change law than in other issues. This article seeks to advance the field by
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A Postcolonial Legal Critique of Online Expression in Africa J. Afr. Law (IF 0.3) Pub Date : 2024-04-11 Tomiwa Ilori
Far beyond the contributions of African and western thought on the right to freedom of expression, there are now normative developments under international human rights law on how states can protect online expression. However, these developments are not applied in African countries. A reason for this is the extant provisions in various laws that threaten online expression. This article applies postcolonial
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The Nigerian Anti-Torture Act of 2017 and Its Compatibility with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the African Charter on Human and Peoples’ Rights J. Afr. Law (IF 0.3) Pub Date : 2024-04-05 Bayode Sunday Ayo-Ojo
Article 2 of the 1984 Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) obligates states to take measures to prevent torture. While many states have provisions that prohibit torture, in most cases these do not align with the jurisprudential anti-torture framework required by UNCAT. Before the advent of the Anti-Torture Act, the Nigerian 1999 Constitution
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Conducting Socio-Legal Research in a Conflict Area during a Pandemic: Reflections and Lessons for Future Researchers J. Afr. Law (IF 0.3) Pub Date : 2024-04-01 Jane Ezirigwe, Jan Glazewski
A “sink or swim” approach has been considered the only way to learn how to conduct empirical research; this should not be the case. Empirical research can be challenging for methodological, practical and ethical reasons; thus there should be detailed and systematic reporting on the methodology adopted. The absence of studies documenting the experiences of researching law implies that important lessons
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Same Naira, More Possibilities! Assessing the Legal Status of the eNaira and Its Potential for Privacy and Inclusion J. Afr. Law (IF 0.3) Pub Date : 2024-03-13 Adekemi Omotubora
On 25 October 2021, Nigeria became the second country in the world, and the first in Africa, to launch a central bank digital currency. Launched with the tag line “Same Naira. More possibilities”, the Central Bank of Nigeria publicized the eNaira as having the capability to deepen financial inclusion, reduce the cost of financial transactions and support a more efficient payment system. However, more
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The Remaking of South African Administrative Law J. Afr. Law (IF 0.3) Pub Date : 2024-03-07 Cora Hoexter, Glenn Penfold
This article explores the remaking of administrative law review in South Africa since the introduction of constitutional democracy in 1994. It characterizes the construction of the constitutional and legislative framework, as well as the courts’ interpretation of that framework, as the first phase of the remaking. The second phase encompasses the courts’ recognition of a constitutional principle of
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Gender-Responsive Public Procurement in Africa: Barriers and Challenges J. Afr. Law (IF 0.3) Pub Date : 2024-03-01 Sope Williams
Public procurement is often used to achieve policy goals beyond the purchase of the required goods and services. These goals include the economic advancement of minorities, the promotion of fair labour practices and climate action. In the last two decades, many countries have used public procurement to advance gender equality. This is referred to as gender-responsive procurement and is often implemented
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The Interplay between Hereditary Traditional Leaders, Democratically Elected Leaders and Succession: A Case Study from Makapanstad, North West Province, South Africa J. Afr. Law (IF 0.3) Pub Date : 2024-02-26 Aubrey Manthwa, Lefa Ntsoane
This article examines the interplay between traditional leaders, democratically elected leaders and succession in Makapanstad Village, North West Province, South Africa. The article stems from community-based participatory action research conducted in Makapanstad in 2018. The article uses research data, in the form of community dialogue, together with desktop literature on the same subject. The article
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Reflections on Constitutionalism and Democratic Governance in Africa J. Afr. Law (IF 0.3) Pub Date : 2024-02-12 Nsongurua Udombana
Several post-independence African states have opted for constitutional democracies in response to various governance challenges. Most of these constitutions espouse values of constitutionalism, such as the rule of law, human rights and citizenship. This article interrogates the concept of constitutionalism, examines its pillars and values, and reflects on how Africa's constitutions mirror them. Its
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Revisiting the Right in Zimbabwe of a Subrogated Insurer to Proceed against a Third Party in the Name of the Insured: Lessons from South Africa J. Afr. Law (IF 0.3) Pub Date : 2024-01-31 Noah Maringe
The doctrine of subrogation, like many other legal principles in Zimbabwean insurance law, has evolved with changing times. The position in Zimbabwe (which was adopted from English law) is that a subrogated insurer who intends to enforce the insured's right to recover compensation for the insured loss from a third party can only do so in the name of the insured. The reason is that the insured is the
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Safeguarding South African Consumers’ Socio-Economic Rights During COVID-19: Competition Commission v Babelegi Workwear and Industrial Supplies J. Afr. Law (IF 0.3) Pub Date : 2024-01-10 Simbarashe Tavuyanago, Kudzai Mpofu
This article explores the responses of the South African competition authorities to the impact of the COVID-19 pandemic on the socio-economic rights of consumers in relation to the price gouging of essential and medical supplies. After discussing the constitutional and legislative context of socio-economic rights and excessive pricing, it examines the first case in which the competition authorities
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Going It Alone or Acting as a Collective? Evaluating the East African Community Policy on Implementing TRIPS Obligations J. Afr. Law (IF 0.3) Pub Date : 2023-12-15 Olugbenga Ajani Olatunji
The grim realities of the COVID-19 pandemic have resuscitated discussions about the effectiveness of the flexibilities entrenched in the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for improving access to medicines. This article revisits this vexed issue by examining whether a regional approach to implementing TRIPS obligations could deliver a
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Decolonizing African Mental Health Laws: A Case for Kenya J. Afr. Law (IF 0.3) Pub Date : 2023-12-13 Paul Ochieng Juma, Charles Ngwena
The aim of this article is to use a decolonial approach to interrogate Kenya's laws and policies that compel the admission and treatment of persons with psychosocial disabilities. Against the backdrop of the colonization of Africa, the article appraises the historical development of Kenyan mental health laws. It critically analyses domestic policies, legislation, court decisions and the Constitution
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The AU Free Movement Protocol: Challenges in Its Implementation J. Afr. Law (IF 0.3) Pub Date : 2023-11-22 Ikechukwu P Chime, Edith Nwosu, Emmanuel Onyeabor, Collins C Ajibo, Newman U Richards, Fochi A Nwodo, Ndubuisi A Nwafor
One of the major pillars of the African Union is the integration of peoples and the ability for them to move freely from one member country to another, with the right to reside and practise their trade or profession. This aspect of integration found full expression in the Protocol to the Treaty Establishing the African Economic Community Relating to the Free Movement of Persons, Right of Residence
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Community Based Natural Resources Management in Botswana J. Afr. Law (IF 0.3) Pub Date : 2023-11-15 Emma Chitsove, Tinashe Madebwe
Since the mid-1980s, Botswana has relied on community based natural resources management (CBNRM) to incentivize communities to choose environmentally beneficial behaviour to advance conservation efforts. This approach has had some success, although it has not been as successful as had been hoped. Nevertheless, it is well acknowledged that CBNRM can play an important role in advancing conservation efforts
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Lost in Transplantation: Revisiting Indigenous Principles as a Panacea to Natural Resource Sustainability in Nigeria J. Afr. Law (IF 0.3) Pub Date : 2023-11-06 Opeyemi A Gbadegesin
Although legal transplants are a most fertile source of legal development, a failure to adapt their methods to local traditions and cultures before putting them into practice often results in the loss of indigenous legal cultures. This article examines environmental jurisprudence in Nigeria. It aims to determine whether the failure of these laws to curb the trend of unsustainable natural resource use
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Towards a Public Law Perspective on the Constitutional Law of Privacy in South Africa in the Age of Digitalization J. Afr. Law (IF 0.3) Pub Date : 2023-11-06 Firoz Cachalia, Jonathan Klaaren
Rapid and radical digitalization and the “fourth industrial revolution” are generally associated with progress, but also pose significant risks to privacy rights and democracy. This article proposes a public law reading of the South African Constitution to respond to the dangers posed by disruptive technological change, in light of the constitution's rights-orientated and rule-of-law-centred approach
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Foreign Influence and the Legitimacy of Constitution Building in South Sudan J. Afr. Law (IF 0.3) Pub Date : 2023-10-18 Joseph Geng Akech
Many countries write their constitutions with some form of international involvement. Internationalized constitutional assistance has been made easier by technology as well as trade and political exigencies. The question, therefore, is: How does this inevitable foreign influence impact constitutional legitimacy? This article discusses this question and asserts that foreign influence interacts with
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The Mediation Framework in Botswana's Trade Disputes Act: A Unique Approach to Dispute Resolution J. Afr. Law (IF 0.3) Pub Date : 2023-10-06 Tshepo Mogapaesi
Botswana's Trade Disputes Act was enacted to provide for a settlement of trade disputes by the Commissioner of Labour, mediators and arbitrators and for the establishment of the Industrial Court as a court of law and equity. Mediators therefore play a critical role in the resolution of trade disputes within Botswana's labour law framework, and while their role is facilitative, their contribution to
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Taking One for the Team? Some Reflections on the Trial of Malawi's Hyena-man J. Afr. Law (IF 0.3) Pub Date : 2023-10-04 Mwiza Jo Nkhata
Following a public outcry about Eric Aniva being hired to have sex with children, he was arrested, tried and convicted of attempting to engage in a harmful practice and also of engaging in a harmful practice, contrary to Malawi's Gender Equality Act. Aniva's trial attracted significant public attention and highlighted kulowa kufa, the cultural practice at the centre of his trial. This article revisits
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Breathing Life into the Kampala Convention: Towards Workable Enforcement Mechanisms J. Afr. Law (IF 0.3) Pub Date : 2023-08-21 Maame Efua Addadzi-Koom
The Kampala Convention is a global first, yet, over a decade since it came into force, Africa hosts more than half of the world's internally displaced persons (IDPs). This article explores how the Kampala Convention could mitigate internal displacement by asking which of the enforcement mechanisms in the convention would work best to protect and advance durable solutions for IDPs in Africa. The convention
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Mpho le Mphonyana: Two Iterations of Admissibility in Africa J. Afr. Law (IF 0.3) Pub Date : 2023-07-26 Tshepo Bogosi Mosaka
The statutory formulation of the rules of evidential admissibility in African jurisdictions can be characterized into two, positive and negative, broad categories. This article uses the Sowetan trope of a pair of conjoined twins, popularly known as Mpho le Mphonyana in South Africa, to analyse these two formulations with a view of exposing eight doctrinal, institutional and theoretical fallacies associated
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The Nigerian Cabotage Act and the Ideals of the African Continental Free Trade Area: An Unwholesome Alliance? J. Afr. Law (IF 0.3) Pub Date : 2023-07-07 Damilola Osinuga
One of the primary goals of the African Continental Free Trade Area (AfCFTA) is to establish a single market for goods and services in order to achieve economic integration in Africa. Experts opine that the AfCFTA can be a game changer for improving intra-African trade and may pave the way to economic diversification and inclusion. To maximize the potential of the AfCFTA, African nations must eliminate
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A New Dawn for Gay Rights in Botswana: A Commentary on the Decision of the High Court and Court of Appeal in the Motshidiemang Cases J. Afr. Law (IF 0.3) Pub Date : 2023-07-03 Gosego Rockfall Lekgowe
In 2003, the Botswanan Court of Appeal decided in Kanane v The State that discrimination on the basis of sexual orientation was not proscribed by the Botswanan Constitution because no evidence had been adduced showing that the society of Botswana was ready for gay individuals. After sixteen years, things changed: in 2019, in Letsweletse Motshidiemang and LEGABIBO (as amicus) v The Attorney General
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Striking a Balance between Protecting the Matrimonial Home and the Mortgagee's Right of Sale in Nigeria: Lessons from England J. Afr. Law (IF 0.3) Pub Date : 2023-07-03 Roseline Omoye Ehiemua
This article evaluates statutory provisions and case law regarding a mortgagee's rights to exercise its statutory power of sale over the matrimonial home in Nigeria. It reveals that no statute protects the rights of family members, particularly wives and children, in the mortgaged home. The mortgagee must grapple with the reality of ownership, as wives often resort to litigation to set aside sales
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Enhancing the Right to Health in Nigeria through Judicial Intervention J. Afr. Law (IF 0.3) Pub Date : 2023-06-09 Jennifer Heaven Mike
Human rights are best protected when they enjoy the binding enforceability of the law. Recognizing the binding status of human rights in national constitutions and legal systems is central to demanding accountability, compelling actions and sanctioning violations. Conferring human rights with legal recognition also empowers people and provides the option of pursuing remedies. Furthermore, the duty
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Judges Guarding Judges: Investigating Regional Harbours for Judicial Independence in Africa J. Afr. Law (IF 0.3) Pub Date : 2023-06-09 Sègnonna Horace Adjolohoun
A body of jurisprudence is emerging in Africa's most active regional courts on the independence of national judiciaries. This article reveals that while regional case law relevantly echoes efforts by municipal courts to safeguard themselves, circumstances demonstrate that such case law requires greater contextualization across systems. In this regard, the traditional paradigm of linking independence
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Beyond Legal Measures: A Review of the DRC's Initial Report under the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa J. Afr. Law (IF 0.3) Pub Date : 2023-06-05 Trésor Muhindo Makunya
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) established a reporting process to monitor compliance. Despite its shortcomings, this process provides an opportunity for states to engage in a frank, constructive and open dialogue with the African Commission on the measures they have adopted to realize women's rights and the challenges
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Evaluating South Africa's Special Economic Zones J. Afr. Law (IF 0.3) Pub Date : 2023-05-29 Mmiselo Freedom Qumba
Special economic zones (SEZs) can be described as “carved out jurisdictions within the overall jurisdiction of a state in order to introduce different laws and regulations that are usually more trade and investment friendly”. South Africa's SEZs are created under the Special Economic Zones Act 16 of 2014. This article analyses the country's legal framework for SEZs, which legal scholars have thus far
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Challenges in Applying Colonial Boundary Treaties to the Resolution of the Djibouti–Eritrea Border Dispute J. Afr. Law (IF 0.3) Pub Date : 2023-04-27 Lydia M Zerom, Isaias T Berhe, Senai W Andemariam
Djibouti and Eritrea have been in conflict since June 2008 when their troops fought along the Djibouti–Eritrea border. The conflict revolves around the location of the border and sovereignty over the strategically located Doumeira Islands and adjacent reefs. In 2010 Qatar brokered a mediation agreement and began to implement it, but withdrew in 2017 without notifying Eritrea and without providing reasons
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Right to Peaceful Protest in Nigeria and the Recurrent Syndrome of Brutalization: The #EndSARS Protest Debacle J. Afr. Law (IF 0.3) Pub Date : 2023-04-14 Alex Cyril Ekeke
Protests play a significant role in the political, economic, social and cultural life of our societies. Protests have repeatedly motivated positive social change. Through protesting, individuals and groups express disagreement, opinions and objections to government actions or inactions. Protests bring attention to errors in governance and demand their rectification. The right to peaceful protest is
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The Making of Uganda's Equal Opportunities Commission Act and Its Interpretation by the Commission J. Afr. Law (IF 0.3) Pub Date : 2023-03-31 Jamil Ddamulira Mujuzi
Article 32(3) of the Constitution of Uganda (1995) establishes the Equal Opportunities Commission; section 14 of the Equal Opportunities Commission Act provides for the functions of the Commission. These include ensuring that the laws, policies and customs of both public and private entities are not discriminatory and do not marginalize any person or deny him / her equal opportunities. The Commission
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A Review of the Effectiveness of the Nigerian Whistleblowing Stopgap Policy of 2016 and the Whistleblower Protection Bill of 2019 J. Afr. Law (IF 0.3) Pub Date : 2023-03-31 Ejemen Ojobo
The act of whistleblowing is not common in Nigeria; this can be attributed to the cultural norms of Nigerian society where deference is paid to those in positions of power and it is often viewed as taboo to speak up against them. This problem of not speaking up is further compounded by the lack of robust whistleblowing legislation which protects whistleblowers from reprisals. The need to protect whistleblowers
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A Critical Examination of the African Legal Framework for Indigenous Knowledge J. Afr. Law (IF 0.3) Pub Date : 2023-03-03 Chidi Oguamanam
Indigenous or traditional knowledge (TK) systems are the springboard of authentic African innovation and creativity. However, there has been no adequate attempt to determine whether Africa internalizes its comparative advantage in Indigenous knowledge systems in its continental frameworks for socio-economic and development collaboration and aspirations. Despite TK's presumed significance and Africa's
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Infusion of ICT into Nigeria's Corporate Democracy: A Proposal for a New Reform Initiative J. Afr. Law (IF 0.3) Pub Date : 2023-02-16 Ige Omotayo Bolodeoku
This article examines the infusion of information communication technology (ICT) into Nigeria's new company legislation to promote corporate democracy. While the initiative is laudable, especially in the age of the COVID-19 pandemic, the article argues that the reform is of limited value, as only private companies are empowered to deploy ICT in the conduct of general meetings. By excluding public companies
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A Critical Analysis of the Corporate Whistleblowing Provisions of the South African Companies Act J. Afr. Law (IF 0.3) Pub Date : 2023-02-15 Rehana Cassim
Section 159 of the South African Companies Act 71 of 2008 regulates corporate whistleblowing in companies registered under the act. This article critically evaluates section 159 to ascertain whether it adequately protects and encourages corporate whistleblowers. It compares this section with the whistleblower provisions in the Australian Corporations Act 2001, which have strongly influenced section
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Bailment of Intellectual Property in Nigeria: A Conceptual Possibility J. Afr. Law (IF 0.3) Pub Date : 2023-02-06 Nicholas Chinedu Eze
This article interrogates the traditional limitations of the concept of bailment at common law. It argues that, although possession is a critical element, in modern commerce, a bailment relationship should be capable of being created without actual physical possession and control, but through constructive possession, which is as effective as physical possession and control. With this adjustment to
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The Right to Health in Nigeria and Its Impact on Citizens’ Access to Medical Care J. Afr. Law (IF 0.3) Pub Date : 2022-12-09 Sunday Bontur Lugard
The socio-economic and productive strength of every nation is determined by the health (the physical, mental and psychological wellbeing) of its people. To guarantee this, the constitutions of some countries, including Nigeria, provide for the right to health, and have framed institutional and policy systems to operationalize and realize this goal, as one of the major objectives of governments. However
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Certificate of Title: A Discussion of Contemporary Challenges to the Protection of Land Interests in Uganda J. Afr. Law (IF 0.3) Pub Date : 2022-11-21 Rose Nakayi
Certificates of title are a feature of the Torrens system of land registration which originated in Australia and which operates in Uganda. The system confers primary responsibility to register title, and guarantee its security, upon the state. A certificate of title is indefeasible and conclusive evidence of ownership, except in cases of fraud by the registered proprietor. This article uses a doctrinal
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The Independence of Morocco's Competition Council J. Afr. Law (IF 0.3) Pub Date : 2022-10-14 Rachid El Bazzim
Morocco's Competition Council has undergone major reform since 2011. New legislation has elevated the Council from its former role as a consultative authority to an independent, financially autonomous, decision-making authority. Despite these changes, however, many questions have been raised with regard to the Council's independence, and its duty to monitor and enforce free and fair competition, as
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The Admissibility of Expert Evidence in Criminal Proceedings in Malawi: A Call for Reliability Safeguards J. Afr. Law (IF 0.3) Pub Date : 2022-10-12 Gift Dorothy Makanje
Expert evidence is an increasingly prominent feature of criminal litigation. Confidence in the reliability of such evidence is therefore vital to the integrity of the justice process. Of late, there have been concerns in most jurisdictions that liberal admissibility standards allow expert evidence of doubtful reliability to be admitted by courts, leading to miscarriages of justice. Consequently, most
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Sentencing Reform in Tanzania: Moving from Uhuru to Ubuntu? J. Afr. Law (IF 0.3) Pub Date : 2022-09-29 Julian V Roberts, Edward Hoseah
The scholarly literature on sentencing reform has largely overlooked the African continent. The paucity of legal scholarship is particularly striking with respect to Tanzania, one of Africa's largest and most populous countries. This article explores the first significant sentencing reform in Tanzania's history. In 2020, the Tanzanian judiciary issued a comprehensive set of sentencing guidelines for
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Presidential Veto in the Law-Making Process: The Case of Kenya's Amendatory Recommendations J. Afr. Law (IF 0.3) Pub Date : 2022-09-28 Walter Khobe Ochieng
This article contends that the interpretation of article 115 of the Constitution of Kenya as providing for amendatory recommendations as a form of presidential veto to legislative bills is a departure from the common negative veto to bills which was the form envisaged by the drafters of the Constitution. Moreover, it is argued that the interpretation that article 115 of the Constitution allows the
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Interpretation of the Mental Stress Taxonomy under Nigeria's Employees’ Compensation Act 2010 J. Afr. Law (IF 0.3) Pub Date : 2022-09-16 Clara C Obi-Ochiabutor, Chukwunweike A Ogbuabor, Chioma O Nwabachili, Uchechukwu Nwoke
Prior to the inception of the Employees’ Compensation Act 2010 (“ECA”), the workers’ compensation system in Nigeria was governed by the Workmen's Compensation Act 1987 (Cap W6 LFN 2004) (“WCA”). The WCA failed to provide an adequate compensation regime for employees, notwithstanding the fact that payment of compensation stems from the employer's duty of care to the employee. Though an employer may
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Factors Hindering Couples from Accessing Marriage Conciliation Boards in Mainland Tanzania J. Afr. Law (IF 0.3) Pub Date : 2022-08-17 Janeth Alphonce, Cyriacus Binamungu, Seraphine M Bakta
To safeguard marriage, the Law of Marriage Act of Mainland Tanzania, established marriage conciliation boards (MCBs) to reconcile disputing spouses. Divorce cases are referred to MCBs before they are filed in court. The divorce rate in Mainland Tanzania is increasing and case law indicates that some parties are by-passing MCBs without good cause. The authors were motivated to study the causes of this
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Conceptual or Pragmatic? Differentiating Floating Charges from Unitary Security Interests under Nigerian Law J. Afr. Law (IF 0.3) Pub Date : 2022-08-05 Gregory Esangbedo
A key novelty of the unitary system of personal property security law is the concept of security interests or rights developed to address the rather complex categorizations of security rights under the common law. With respect to the limitations of floating charges as security devices for loans under the common law, there were expectations that the unitary security interest could provide an alternative
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The Right to Run for Election in Zambia: A Preserve of the “Educated” Class? J. Afr. Law (IF 0.3) Pub Date : 2022-07-06 Christopher Phiri
The 2016 amendments to the Constitution of Zambia 1991 have transformed Zambia's constitutional order in many respects. Among other transformative provisions, the Constitution now requires everyone seeking elective public office to have, as a minimum qualification, a grade twelve certificate or its equivalent. This article examines the rationale for this requirement, as judicially interpreted, through
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The Legal System for Compensation for Vessel-Source Oil Pollution in South Africa J. Afr. Law (IF 0.3) Pub Date : 2022-06-24 Pascal Kany Prud'ome Gamassa
In protecting the marine environment from vessel-source oil pollution, compensation for victims of damage is of great importance. International conventions regarding compensation for such damage have been adopted under the auspices of the International Maritime Organization. This article analyses the extent to which South Africa has implemented the provisions of these international conventions into
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Right to Restitution under Illegal Contracts: Seeking Clarity in Ghana J. Afr. Law (IF 0.3) Pub Date : 2022-05-27 Solomon Faakye
The law on the availability of restitution in the context of illegal contracts is unclear. Several irreconcilable approaches have been proposed at common law in search of a solution to the question of whether or not a party to an illegal contract who has benefitted from the contract has any right to restitution. This article examines the Ghanaian judicial approach and ascertains the extent to which
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Financial Support to Apartheid: Outstanding Debts J. Afr. Law (IF 0.3) Pub Date : 2022-05-12 Juan Pablo Bohoslavsky
This case note presents the arguments made in the amicus curiae brief submitted by the UN independent expert on debt and human rights to the OECD National Contact Point in the case brought in 2018 by Open Secrets and the Centre for Applied Legal Studies concerning the alleged complicit conduct of two banks during apartheid in South Africa. It also outlines the developments in this legal case and comments
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Mergers and Acquisitions and the Incorporation of the Public Interest in Africa's Regional Competition Laws: A Case Study of COMESA J. Afr. Law (IF 0.3) Pub Date : 2022-05-12 Precious N Ndlovu
Public interest issues have the potential to play a significant role in the evaluation of mergers and acquisitions in Africa's regional competition laws. A case in point is the Common Market for Eastern and Southern Africa (COMESA): its regional competition authorities have jurisdiction to evaluate transactions within the Common Market. To that end, COMESA's regional competition law enumerates specific
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Implementing the AfCFTA Agreement: A Case for the Harmonization of Data Protection Law in Africa J. Afr. Law (IF 0.3) Pub Date : 2022-05-06 Emmanuel Salami
The Agreement Establishing the African Continental Free Trade Area (AEAfCFTA) is a revolutionary treaty of the African Union (AU) which creates an African single market to guarantee the free movement of persons, capital, goods and services. The AEAfCFTA is geared towards enabling seamless trade among African countries. The single market relies heavily on the processing of the personal data of persons
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Africa and the Domestic Implementation of the Geneva Conventions and Additional Protocols: Problems and Solutions J. Afr. Law (IF 0.3) Pub Date : 2022-04-19 Kasim Balarabe
The Geneva Conventions have achieved universal ratification, and Additional Protocols I and II are binding on all African states except Eritrea and Somalia; however, their observance in African conflicts is flawed and inconsistent. From deliberate attacks on civilian populations to abduction and hostage-taking, humanitarian rules are openly flouted. Through an extensive assessment of the domestic measures
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Mental Stress, Workplaces and Nigeria's Employees’ Compensation Act J. Afr. Law (IF 0.3) Pub Date : 2022-04-05 Prince Ifeanyi Nwankwo
It has been over a decade since the Employees’ Compensation Act (ECA) came into force, introducing, for the first time under Nigeria's employees’ compensation scheme, mental stress as a basis for compensation. However, legal literature on salient aspects of Nigerian employees’ compensation remains scant. This article seeks to bridge this gap and provide a source of legal scholarship to aid the adjudication