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Vol. 7, No.2 Cover

Southern African Journal of Policy and Development

No abstract provided.

“Just Suffering. That’S It!”: Perspectives Of Tobacco Farming Households On Tobacco Growing And Alternatives In Mozambique, Raphael Lencucha, Benedito Cunguara

Southern African Journal of Policy and Development

Tobacco is viewed as an important cash crop for farmers in Southern Africa and many countries around the world. This analysis explores the perspectives of farmers who are growing tobacco in Mozambique. The main aim of this analysis is to describe the perspectives of tobacco growers on the conditions of tobacco growing and their perspectives on possible alternatives. This analysis is situated in relation to efforts by countries like Mozambique to implement Article 17 of the WHO FCTC, which outlines the need for governments to support alternatives to tobacco growing.

This study applied a qualitative description methodology to explore the …

Vol. 7, No. 1 Cover

Southern African Journal of Policy and Development

No abstract provided.

Investigating The Role Of Identity Documents In Refugees’ Access To Education In South Africa, Elvis Munyoka

Southern African Journal of Policy and Development

This article examined the role of identity documentation in refugees’ access to education in South Africa. Identity documentation has become a necessity in modern societies. Proof of identity is required to demonstrate who one is, and to gain access to various government services such as health care, employment, and 􀏐inancial assistance. However, the role of identity documents in refugees’ access to education in South Africa has received less attention. Few studies have demonstrated that without identity documents, refugees confront multiple barriers to accessing primary and secondary education in South Africa. This article reviewed available studies and recent literature on the …

A Pandemics Treaty: A Boon For Africa, Kafumu Kalyalya

Southern African Journal of Policy and Development

This article illustrates the weaknesses of the current global health framework. It highlights two pillars a new treaty regime ought to be built upon. The analysis seeks to establish how these pillars could have helped Africa during the pandemic and can indeed help Africa in future pandemics. The analysis suggests the need for a unified global health regime or pandemics’ treaty that promotes a level legal and political playing field regarding future pandemics. The treaty could focus on coordination of research and development; build a stronger global framework that reinforces legal obligations and norms; provide for universal access to medicines, …

Learning From Zambia's Economic Policy Reversals, Alan Whitworth

Southern African Journal of Policy and Development

The economic policies of Zambia’s first independent government, the United National Independence Party (UNIP), had disastrous results - turning Zambia from a middle-income into a least developed country. Following a difficult adjustment period, the Movement for Multiparty Democracy’s reversal of many UNIP policies led to over a decade of rapid growth and falling poverty. Despite their apparent success, policies such as privatisation were unpopular and the Patriotic Front administration from 2011 reverted to many of UNIP’s policies. This led once again to low growth and Zambia defaulting on its debt. As the United Party for National Development administration seeks to …

Volume 9, Number 1 Front Matter

Zambia Social Science Journal

No abstract provided.

Introduction: The Life And Legacies Of Kenneth Kaunda In Southern Africa, Mary Mbewe, Marja Hinfelaar, Duncan Money

Zambia Social Science Journal

Zambia’s first President, Kenneth Kaunda (known widely as KK), passed away on 17 June 2021 at the age of 97. This marked the end of an era for many, and not only in Zambia. Kaunda belonged to the last of a generation of African leaders who fought for independence from colonial rule and had his own brand of political and economic philosophies (Cheeseman and Sishuwa, 2021). Given the momentous occasion of the passing of one of Africa’s biggest icons, as editors we felt it was timely to organise a conference dedicated to Kaunda and his legacy, which took place in …

Zambia’S Missing Narrative Of Structural Adjustment, Michael Gubser

Zambia Social Science Journal

In 1991, Zambia launched one of the most orthodox structural adjustments programs (SAPs) in Africa. The last and longest chapter of its fitful history with the IMF and World Bank, Zambia’s SAP commenced during the euphoria following the ouster of long-time President Kenneth Kaunda, when it was presented as the only strategy for dealing with the country’s economic collapse. What followed was one of Africa’s most striking experiments with rapid liberalisation, leading to budgetary stabilisation and increased investment but also sudden unemployment and impoverishment. If in retrospect liberalisation seems inescapable, given the ballooning debt of Kaunda’s last years, Zambians at …

Kaunda And The Liberation Of Namibia: Towards An Assessment, Chris Saunders

Zambia Social Science Journal

When he died in June 2021, Kenneth Kaunda was widely hailed for his support for Southern African liberation movements. This paper considers the case of Namibia and the South West Africa People’s Organisation (SWAPO) and asks how Kaunda went about trying to bring about the liberation of Namibia in the 1970s and 1980s. He initially let SWAPO military operations take place from Zambia. SWAPO had its headquarters in Zambia in the 1970s, and many thousand Namibian refugees settled in Zambia. In international fora Kaunda gave SWAPO full support, and he backed the establishment of a United Nations (UN) Institute for …

Arming Zambia In The “Dark Forest Of International Politics”: Kenneth Kaunda, Britain, And Arms Diplomacy, 1963-1971, Jeff Schauer

Zambia Social Science Journal

From the breakup of the Central African Federation in 1963 until the departure of British officers and trainers in the early 1970s, Kenneth Kaunda led the Zambian government in negotiating arms purchases from British arms manufacturers, with the assistance of the British government. These transactions were intimately connected to security guarantees against Rhodesian aggression that Kaunda negotiated with the former colonial power, and British attempts to foster Zambian foreign policy and technological dependency. While this decade of negotiations had its origins in the contentious local distribution of military resources at the end of Federation, by the time it ended, it …

Bizwayo Newton Nkunika V Lawrence Nyirenda And Electoral Commission Of Zambia 2019/Ccz/005 (1 March 2021), O'Brien Kaaba

SAIPAR Case Review

No abstract provided.

Molosoni Chipabwamba And 12 Other Displaced Village Owners V Yssel Enterprises Limited Appeal No.104/2020 (Zmca) 2022, Mwami Kabwabwa

SAIPAR Case Review

The issue of customary land tenure and customary land rights is an important issue that has serious implications on customary communities that occupy land under customary tenure. Considering the raising demand of customary land by both local and international investors the courts play an important role in protecting the interests and rights of customary communities and ensuring that such communities are not exploited in the alienation process of customary land and in the procedures of converting from customary tenure to statutory where it is necessary and where the benefits of converting to statutory tenure outweigh the benefits of customary tenure. …

Chief Justice Mogoeng V Africa4palestine And Others [2021] Jsc/819/20; Jsc/825/20; And Jsc/ 826/20, Dunia P. Zongwe

SAIPAR Case Review

This is a judgment against the first judge among his peers: the Chief Justice. Handed down by the Judicial Conduct Committee (JCC) of South Africa’s Judicial Service Commission (JSC), this judgment involves the remarks made in 2020 by Chief Justice Mogoeng Mogoeng at a webinar hosted by a pro-Israel, conservative, Zionist newspaper. During that webinar, Mogoeng criticized the South African government’s official policy on the Israel-Palestine conflict. Following Mogoeng’s faux pas and a loud public outcry, three non-governmental organizations (NGOs) lodged complaints with the JCC against Mogoeng for his Israel comments.

This appeal judgment largely confirms the JCC’s earlier complaint …

Determining The Liability For Carriage Of Goods By Road In West Africa – Can Ohada Uniform Rules On Transport Be A Foundation?, Damilola Osinuga

Southern African Journal of Policy and Development

Economic integration has been on African leaders' lips since the Organization of African Unity was created in 1963. The justification for this is not implausible — to promote regional trade and ensure economic prosperity. On January 1, 2020, African nations opened their borders to duty-free trade of goods and services under the continental free trade agreement. Transport of commodities is without a doubt essential for market access and intra-African trade. The low purchasing power of the populace and the geography of the continent, which is made up of a sizable number of landlocked provinces, favours road transportation. However, in West …

Vol. 6, No. 1 Cover

Southern African Journal of Policy and Development

No abstract provided.

Jostling For Space In Africa’S Business Periphery: A Review Of The Growing Competition Between Indigenous And Chinese-Owned Enterprises, Steve Kayizzi-Mugerwa

Southern African Journal of Policy and Development

This paper reviews recent research and related studies on the ongoing competition between Chinese and local entrepreneurs in the lower rungs of Africa’s business sector. Several studies have noted that since entry, Chinese firms have been able to undercut African entrepreneurs, thanks to superior networks and better financing. However, other findings portray more positive impacts of Chinese presence, including higher employment and tax revenues, and better supply of goods and services. It is possible to surmise that this jostling for space in Africa’s business periphery will not last. Ultimately, it must yield to changes in the host countries’ political economy …

Torn Between Two Pandemics: Poverty Pandemic And Coronavirus Pandemic In Nigeria, Tope Shola Akinyetun

Southern African Journal of Policy and Development

The wave of coronavirus pandemic that hit the world coincides with Nigeria’s struggles with her newly attained position as the poverty capital of the world. This paper argues that prevalent poverty is a pandemic that the world has learnt to live with, and that Nigeria is struggling to overcome. The agony of poverty in the country coupled with the coronavirus pandemic subjects the country to a quandary of a dual-pandemic scourge. The paper relies on secondary data and adopts a descriptive and analytic approach. It concludes that multidimensional poverty in Nigeria is pervasive and has become deepened by the pandemic …

George Mwanza And Melvin Beene V Attorney General Select Judgment No 33 Of 2019, O'Brien Kaaba

SAIPAR Case Review

The case came to the Supreme Court by way of appeal from the High Court. The two appellants were inmates at Lusaka Central Prison. It turned out that the appellants were HIV positive and were on Anti-Retroviral Treatment (ART). The medical condition and treatment required that they be provided with food of a balanced diet in line with their medical condition.

The prison authorities, however, only provided limited quantities of maize sump for breakfast; maize meal (nshima) with dry sardines for lunch and super.2 The food was often rotten and contained foreign particles. Not only was it of of poor …

Zambia Revenue Authority V Matalloy Company Limited Scz/08/016/2020, Mwaba Mulenga Chileya

SAIPAR Case Review

Justice Mumba Malila supplements the jurisprudence on tax law in this judgment that deals with the obligation of a taxpayer in tax cases. The case focused on the responsibility of taxpayers to prove their eligibility for a tax credit from the Zambia Revenue Authority. Briefly, the case also discusses the concept of tax credits, and their use by taxpayers.

Moving Unit Video Television (T/A Muvi Tv Limited) V. Francis Mwiinga Maingaila Scz Selected Judgment No. 18 Of 2019, Chanda Chungu

SAIPAR Case Review

This case dealt with an employee of Muvi TV Limited who was accused of defiling an under-age girl whom he had had offered accommodation to. He was videoed being arrested by a police officer and the news read as follows “Journalist defiled a 13-year old girl”. This news story was repeated on several subsequent news broadcasts by Muvi TV.

This story was published before any conviction was made in criminal proceedings. A medical report revealed that the girl had not been defiled and this was available before the story was released. However, despite the medical report being available, before the …

Ishita – Atemporality In Bemba Eco-Existentialism, Chammah J. Kaunda

Zambia Social Science Journal

This article delineates Bemba eco-existentialism of atemporality. It demonstrates inshita as lived which is deeply entrenched in the quest to become Lesa (God). Bemba atemporality is never conceived in terms of the past or the future. Rather, as the locus of intercourse, a critical site of spiritual interaction, transaction, and exchange aimed at actualizing equilibrium of all vital relationships that make up the cosmos. In this way, inshita is lived and a manifestation of meaningful actions that promote flourishing-becoming of all things.

Absent Fathers And Child Maintenance Rights In The Copperbelt Province Of Zambia: The Dilemma Of A Postcolonial Bemba Matrilineal Practice, Mutale Mulenga-Kaunda

Zambia Social Science Journal

Being matrilineal and matrilocal, the Bemba people believe that “children belong to the mother”. This cultural belief and practice is so resilient that even in the event of divorce men have lost paternity rights to their children. Colonisation shifted Bemba women’s status as men were forced to migrate to work in the mines on the Copperbelt, leaving women to raise children as single mothers often without support from their absent husbands. Yet, even though Bemba people believe that children belong to the mother, the responsibility of raising children was traditionally shared with the father of the child. In postcolonial Zambia, …

Book Review, Cheela Chilala

Zambia Social Science Journal

A review of Nation-Building in the Context of ‘One Zambia, One Nation’, by Mubanga E. Kashoki. (Lusaka: Gadsden Publishers, 2018).

Vol. 8, Number 1 Front Matter

Zambia Social Science Journal

No abstract provided.

Semmy Lasco Kavinga V The People Appeal No 51/2018 (21 August 2019), O'Brien Kaaba

SAIPAR Case Review

The law on sentencing in Zambia is to a great extent chaotic and in disarray. No clear standards are set by the superior courts to guide lower courts and litigants. Often the sentences are at variance with constitutional norms and there has been no sustained effort to align the law of sentencing with constitutional standards, save for a few cases concerning corporal punishment. Somehow, a judicial culture has evolved and continues to grow of sentencing people without regard for constitutional norms. Yet the constitution is the supreme law, the ultimate source of all law and ought to permeate all laws …

Dipak Patel V. The Attorney General [2020] Ccz 005, Josiah Kalala

SAIPAR Case Review

In 2016, the Constitution of Zambia was amended, introducing a provision that required the National Assembly to approve all debt before it was contracted. The Constitutional amendment also introduced a requirement that legislation relating to the contraction and guaranteeing of debt should provide the category, nature and other terms and conditions of a loan, grant or guarantee that will require approval by the National Assembly before the loan, grant or guarantee is executed. Unfortunately, since the constitutional amendment in 2016, the government of Zambia acquired numerous loans without the approval of the National Assembly of Zambia. The Petitioner, a former …

Vol. 7, Number 2 Front Matter

Zambia Social Science Journal

No abstract provided.

Women In Religio-Cultural History: A Reflection On Their Representation In Hugo Hinfelaar’S Scholarly Work In Zambia,1960s To 1990s, Nelly Mwale, Joseph Chita

Zambia Social Science Journal

Although Catholic missionary historians have contributed to the writing of Zambia’s many histories, the attempt at documenting women’s place in religio-cultural history in the country has been overshadowed by the prominence of masculine histories. Using the example of Hugo Hinfelaar who captures women’s histories in his scholarly work, this article explores the representation of the place of women in the religio-cultural history of Zambia in order to highlight Hinfelaar’s contributions to the study of women and to Zambia’s religio-cultural history. Informed by African feminist theory, it draws on a historical study which utilises document review and analyses the data through …

From “White Fathers” To “Black Fathers” In Kasama And Mpika Dioceses In Zambia, Anthony B. Tambatamba, Austin M. Cheyeka, Tomaida C. Milingo

Zambia Social Science Journal

Employing the missiological theory of Henry Venn (1796-1873) and Rufus Anderson (1796-1880) on indigenisation of churches, this article explores the lived experiences of black Zambian Catholic clergymen, nuns, catechists and lay people at some of the mission stations that were once in the hands of Missionaries of Africa, popularly known as White Fathers, from 1891to1991 in the Archdiocese of Kasama and Diocese of Mpika. To write about the White Fathers from the point of view of our interviewees accords us an auspicious opportunity to pay tribute to Fr. Hugo Hinfelaar to whom this article and this particular issue of the …