Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Access to education (1)
- Access to justice (1)
- Africa (1)
- Child labor (1)
- Children's rights (1)
-
- Constitution-making (1)
- Constitutional democracy (1)
- Democracy (1)
- Democratic governance (1)
- Dictatorship (1)
- Disability policy (1)
- Discrimination against women (1)
- Disempowerment (1)
- Foreign investments (1)
- Freedom of assembly (1)
- Freedom of association (1)
- Freedom of expression (1)
- Global health framework (1)
- Identity documentation (1)
- Infrastructure financing (1)
- Kofi A. Annan (1)
- Law Association of Zambia v. the Attorney General (1)
- Law reporting in Kenya (1)
- Liability for carriage of goods by road (1)
- Mineral taxation (1)
- NGOs (1)
- Natural resource nationalization (1)
- Non-Governmental Organizations (1)
- OHADA Uniform Rules on Transport (1)
- Organisation for the Harmonisation of Corporate Law in Africa (1)
Articles 1 - 19 of 19
Full-Text Articles in Law
Investigating The Role Of Identity Documents In Refugees’ Access To Education In South Africa, Elvis Munyoka
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
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, …
Determining The Liability For Carriage Of Goods By Road In West Africa – Can Ohada Uniform Rules On Transport Be A Foundation?, Damilola Osinuga
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 …
Law, Lawyers And Sustainable Development: Reflections Of A Fellow Traveler, Muna B. Ndulo
Law, Lawyers And Sustainable Development: Reflections Of A Fellow Traveler, Muna B. Ndulo
Southern African Journal of Policy and Development
At the national level, the rule of law is necessary to create an environment for providing sustainable livelihoods and eradicating poverty. Poverty often stems from disempowerment, exclusion and discrimination. The rule of law fosters development through strengthening the voices of individuals and communities, by providing access to justice, ensuring due process and establishing remedies for the violation of rights. Security of livelihoods, shelter, tenure and contracts can enable and empower the poor to defend themselves against violations of their rights. Legal empowerment goes beyond the provision of legal remedies and supports better economic opportunities. In order for the rule of …
Bill 10, If Enacted, Will Install A Constitutional Dictatorship And Undermine Democracy In Zambia, Muna B. Ndulo
Bill 10, If Enacted, Will Install A Constitutional Dictatorship And Undermine Democracy In Zambia, Muna B. Ndulo
Southern African Journal of Policy and Development
Zambia has made several attempts to elaborate a democratic constitution that promotes good governance, inclusiveness, citizen participation, accountability, and the separation of powers between the three arms of government-parliament, the judiciary, and the executive. Success has been elusive largely because the processes used have been inappropriate for consensus building. The latest attempt, the Constitution Amendment Bill No. 10 of 2019, which came out of a ruling party dominated constitutional conference, is presently before parliament. The constitutional conference excluded key stake holders such as the main opposition party and civil society. The paper critically examines the contents of Bill 10 and …
Zambian Disability Policy Stakeholder Perspectives On The Ways That International Initiatives Influence Domestic Disability Policies, Shaun Cleaver, Matthew Hunt, Virginia Bond, Raphael Lencucha
Zambian Disability Policy Stakeholder Perspectives On The Ways That International Initiatives Influence Domestic Disability Policies, Shaun Cleaver, Matthew Hunt, Virginia Bond, Raphael Lencucha
Southern African Journal of Policy and Development
Disability has attracted attention in international human rights and development circles and Zambian domestic policy. The purpose of this research was to explore the perceptions of Zambian disability policy stakeholders about the ways that two international initiatives, namely the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Sustainable Development Goals (SDGs), are being reflected in domestic policy. We collected data through semi-structured interviews with 22 policy stakeholders (12 disability advocates and 10 policymakers) and analysed these data using thematic analysis. The UNCRPD was perceived to be progressively integrated into Zambian disability policy although insufficiently implemented …
Reflections On Emerging Practices And Developments In The Field Of Law Reporting: Lessons From Kenya, Teddy J.O. Musiga
Reflections On Emerging Practices And Developments In The Field Of Law Reporting: Lessons From Kenya, Teddy J.O. Musiga
Southern African Journal of Policy and Development
Many users and/or consumers of law reports grapple with two major questions. The first question revolves around the issue why some judicial decisions are referred to as reported decisions, while others are referred to as unreported decisions. This question therefore deals with the dichotomy between reported judicial decisions and unreported judicial decisions. The second question flows from the first and relates to which categories of decisions appear in law reports (and therefore are classified as ‘reported’) and which ones do not (and therefore are classified as ‘unreported’). Put the other way around, that second question becomes: what are the criteria …
Central Bank Independence In The Southern African Development Community: Legal Reform Progress And Prospects, Mzwanele Mfunwa, Henry Lubinda
Central Bank Independence In The Southern African Development Community: Legal Reform Progress And Prospects, Mzwanele Mfunwa, Henry Lubinda
Southern African Journal of Policy and Development
Public commitments by political leaders to fast-track economic integration in the Southern African Development Community (SADC) have been at variance with the extremely slow pace of domesticating the 2009 SADC Central Bank Model Law. This paper identifies specific legislative gaps in the national central bank laws that member states need to address in order to enhance institutional uniformity and promote central bank independence in the SADC region. Countries with recent amendments have made adjustments for more compliance, while others have not done so. The paper recommends that member states should speedily effect the needed legislative alignments if the frequently delayed …
Transfer Mispricing In Africa: Contextual Issues, Edna Kabala, Manenga Ndulo
Transfer Mispricing In Africa: Contextual Issues, Edna Kabala, Manenga Ndulo
Southern African Journal of Policy and Development
Transfer pricing is a significant tax issue and lies at the core of international trade and globalisation. This brief raises contextual issues and challenges surrounding the experience of transfer mispricing in Africa. The brief comes at a time when African countries have consistently exhibited high real Gross Domestic Product (GDP) growth rates in the past two decades, and increased FDI inflows and technological upgrades have aided their high participation in global trade. Despite the profitability of MNEs operations in Africa, the investing firms are paying less in terms of tax. This has created a problem for African countries to raise …
Fundamental Rights Not So Fundamental? Critique Of The Supreme Court Judgment In Law Association Of Zambia V. The Attorney General, Muna B. Ndulo, Samuel Ngure Ndungu
Fundamental Rights Not So Fundamental? Critique Of The Supreme Court Judgment In Law Association Of Zambia V. The Attorney General, Muna B. Ndulo, Samuel Ngure Ndungu
Southern African Journal of Policy and Development
The article discusses the constitutionality of sections 5 and 6 of the Public Order Act of Zambia. The Law Association of Zambia had unsuccessfully argued in the High Court of Zambia that the sections violated section 20 (Freedom of expression) and 21 (Freedom of assembly) of the Zambian Constitution. The Supreme Court of Zambia upheld the decision of the High Court and held that the sections did not violate sections 20 and 21 of the constitution and were constitutional. This article argues that the Supreme Court decision is wrong and falls short of effectively protecting citizen’s rights of peaceful assembly …
Should Children Work? Dilemmas Of Children’S Educational Rights In The Global South, Conrad John Masabo
Should Children Work? Dilemmas Of Children’S Educational Rights In The Global South, Conrad John Masabo
Southern African Journal of Policy and Development
The realisation of Children’s Rights and the right to education, in particular, have for quite long left the children of the Global South at a crossroads. The ideal of a childhood free from work has in itself become a barrier to access this social good. As such, due to their country’s minimal or non-existent educational funding and family abject poverty, some children in the Global South have realised that adopting a pragmatic strategy of combining school and work is the only feasible solution. This study, therefore, examines the interface between children’s work and schooling in the Global South.
Decolonising Sex: Fifty Shades Of Rape, Roseline K. Njogu
Decolonising Sex: Fifty Shades Of Rape, Roseline K. Njogu
Southern African Journal of Policy and Development
This article explores how ideas of patriarchy have shaped the nature and effect of rape law. It argues that rape law reinforces patriarchy, and because of the inherent inconsistencies between the male roles of aggressor and protector, it has remained ineffective. Taking Kenya as its springboard, it analyses how ideas of sexual relations within and outside marriage are transplanted through colonialism; and how they morph and merge with analogous indigenous conceptions to entrench and formalise the continued subjugation of the female body. It explores the unintended consequences of the internationalisation of English Monogamy; and rape law reform and its continuity/discontinuity …
Different Types Of Participation In Constitution Making Processes: Towards A Conceptualisation, Abrak Saati
Different Types Of Participation In Constitution Making Processes: Towards A Conceptualisation, Abrak Saati
Southern African Journal of Policy and Development
Though participatory constitution making processes in post-conflict states and in states transitioning from authoritarian rule have become a new trend, scholarly research has yet to approach the notion of participation in a sharp and distinct way. In this article, I develop a novel approach for differentiating participation in constitution making, depending on the extent of influence that participants are granted, illustrating this reasoning with eight empirical cases from the African continent.
Review Of “Interventions: A Life In War And Peace”, By Kofi A. Annan, Njunga Michael Mulikita
Review Of “Interventions: A Life In War And Peace”, By Kofi A. Annan, Njunga Michael Mulikita
Southern African Journal of Policy and Development
This book offers a highly informative account of the life story of the seventh UN Secretary-General, Kofi Atta Annan, the first Sub-Saharan African UN Chief to emerge from within the vast bureaucracy of the United Nations. It is a riveting account narrated by the consummate UN diplomat who served in all the Organisation’s major duty stations ranging from Geneva, Switzerland, through Addis Ababa, Ethiopia, to a peacekeeping mission in the hot and dusty Sinai Peninsula, Egypt, and ultimately the 38th Floor of the UN Headquarters, New York.
Mineral Taxation And Resource Nationalism In Zambia, Sangwani Patrick Ng’Ambi
Mineral Taxation And Resource Nationalism In Zambia, Sangwani Patrick Ng’Ambi
Southern African Journal of Policy and Development
This article examines the resource nationalism cycle in Zambia. The resource nationalism cycle has episodically plagued investors in resource rich nations. Host states, lacking the financing and technical know-how, invite foreign investors to explore and exploit their vast natural resources. The former offer all sorts of fiscal incentives to appear attractive to the latter. Once operations commence and the resource experiences a sustained upward growth trend, the host state may retract the fiscal incentives previously offered, or simply nationalise assets, in a bid to exercise greater control over their natural resources and maximise the benefits accruing from high prices. The …
Seeing The Whole Elephant: A Comprehensive Framework For Analyzing Resource-For-Infrastructure Contracts As Intended By The Parties, Dunia P. Zongwe
Seeing The Whole Elephant: A Comprehensive Framework For Analyzing Resource-For-Infrastructure Contracts As Intended By The Parties, Dunia P. Zongwe
Southern African Journal of Policy and Development
The current state of scientific knowledge on resource-for-infrastructure (R4I) contracting is unclear and based on inadequate empirical grounds. As a result, it is not easy to tell a R4I contract apart from other forms of international business transactions, let alone describe it in a comprehensive, accurate and meaningful way. Such state of affairs is concerning given the dramatic transformative impact of R4I contracts. This article sheds light on R4I contracts and proposes a broad framework for analyzing these multibillion-dollar deals. It looks to the contracting parties’ intentions – as expressly set out in the texts of contractual and official documents …
Freedom Of Association And Ngo Law: The Constitutionality Of The 2009 Zambian Ngo Law, Muna Ndulo
Freedom Of Association And Ngo Law: The Constitutionality Of The 2009 Zambian Ngo Law, Muna Ndulo
Southern African Journal of Policy and Development
Freedom of Association is entrenched in the Zambian Constitution and in several International Law instruments to which Zambia is a party. By hindering the independent and effective operations of NGOs, the Non-Governmental Organizations (NGO) Act of 2009 unjustifiably curtails this freedom. This paper examines the NGO Act and documents the various instances in which it imposes an unconstitutional, unjustifiable and disproportionate hindrance on the ability of NGOs to operate effectively. It argues that the Act threatens to roll back the enormous gains that NGOs have made and continue to make in fermenting accountable, democratic and effective governance in Zambia.
Constitution Making: The Role Of External Actors, Muna B. Ndulo
Constitution Making: The Role Of External Actors, Muna B. Ndulo
Southern African Journal of Policy and Development
In the past three decades new constitutions have been developed in many parts of the world, often in the aftermath of conflicts, but also in response to demands for more democratic political systems or for the resolution of institutional crises. In these processes, the international community often plays an important role. This article considers the role that external actors play in the elaboration and development of new constitutions in post-conflict societies. It identifies both the negative and the positive roles external intervention can play and suggests approaches that could be adopted by external actors to maximize their impact while avoiding …
The Dormant Clause: How The Failure Of The Repugnancy Clause Has Allowed For Discrimination Against Women In Zambia, Pamela Amaechi, Erica Mildner
The Dormant Clause: How The Failure Of The Repugnancy Clause Has Allowed For Discrimination Against Women In Zambia, Pamela Amaechi, Erica Mildner
Southern African Journal of Policy and Development
Zambia’s legal system combines unwritten customary law with post-colonial statutory law. However, select traditions clash with statutes promoting gender equality. Though the repugnancy clause promotes the supremacy of written law in discrimination cases, it has not been utilized effectively. This paper raises the sources behind the clause’s rare application and explores the possibility of utilizing the equal protection legal strategy employed by Botswana to prevent sex discrimination under customary law. This paper is based on a study of existing literature on the repugnancy clause in Southern Africa. Interviews were held with Boma and Chelstone Local Court Magistrates, as well as …