Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Zambia. Court of Appeal (3)
- Access to education (1)
- Africa (1)
- Anita Seiler-Lilles (1)
- Child sexual abuse (1)
-
- Cleopatra Ng’andu Mandandi (1)
- Daniel Digashu (1)
- Defilement (1)
- Global health framework (1)
- Identity documentation (1)
- James Kapembwa (1)
- Liebherr Zambia Limited (1)
- Namibia. Supreme Court (1)
- Pandemic treaty (1)
- Rape (1)
- Refugees (1)
- Same-sex marriage (1)
- Sexual assault (1)
- Sexual exploitation (1)
- Sinyolo Muchiya (1)
- South Africa (1)
Articles 1 - 9 of 9
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, …
Liebherr Zambia Limited V. Cleopatra Ng’Andu Mandandi Caz Appeal No. 182/2021, Chanda Chungu
Liebherr Zambia Limited V. Cleopatra Ng’Andu Mandandi Caz Appeal No. 182/2021, Chanda Chungu
SAIPAR Case Review
No abstract provided.
Vol. 6, Issue 1 Table Of Contents
Editorial Note, O'Brien Kaaba, Kafumu Kalyalya
Editorial Note, O'Brien Kaaba, Kafumu Kalyalya
SAIPAR Case Review
No abstract provided.
Digashu And Another V Grn And Others; Seiler-Lilles And Another V Grn And Others (Sa 6/2022; Sa 7/2022) [2023] Nasc 14 (16 May 2023), Dunia P. Zongwe
Digashu And Another V Grn And Others; Seiler-Lilles And Another V Grn And Others (Sa 6/2022; Sa 7/2022) [2023] Nasc 14 (16 May 2023), Dunia P. Zongwe
SAIPAR Case Review
This controversy is about a powerful court that sided with a noble cause but that nonetheless decided the case so clumsily that it strengthened the adversaries’ otherwise weak counterarguments. In the groundbreaking Digashu case, the Supreme Court of Namibia recognized same-sex marriages contracted abroad. However, this decision relied so heavily on European and North American jurisprudence that it unintentionally fuels the impression and the accusations of those who claim that such recognition imposes Western values on the Namibian people. Moreover, in its efforts to recognize same-sex marriages, the Namibian apex court sacrificed the accuracy of its analysis by grossly distorting …
Sinyolo Muchiya V The People Appeal No 139/2021 [24 August 2023], O'Brien Kaaba, Ndindase Chirwa
Sinyolo Muchiya V The People Appeal No 139/2021 [24 August 2023], O'Brien Kaaba, Ndindase Chirwa
SAIPAR Case Review
It is not often that female complainants of sexual assaults are readily believed by criminal justice institutions. Often, they are re-victimised and turned into suspects instead of being seen as victims. The law itself is often blind to their plight and unique needs. Poor and insensitive investigations, cautionary rules of evidence, insensitive cross examination, among others, combine to condemn them to secondary citizenship in the criminal justice system. Often, the criminal justice system in sexual assault cases unfairly tilts in favour of an accused without considering the needs of victims (and their families) and the public.
Fortunately, in this case …
James Kapembwa V The People Appeal No. 53/2022 (23 February 2023), Mwami Kabwabwa
James Kapembwa V The People Appeal No. 53/2022 (23 February 2023), Mwami Kabwabwa
SAIPAR Case Review
The appellant James Kapembwa was charged with defilement contrary to section 138 of the Penal Code Act chapter 87 of the Laws of Zambia. He was convicted of the offence and sentenced to 15 years imprisonment with hard labour by the High Court of Zambia. Unsatisfied with the decision of the High Court, the appellant appealed to the Court of Appeal against his conviction and sentence.
On 23rd February 2023, The Court of Appeal handed down its judgment in respect of the aforesaid application for leave to appeal against sentencing and conviction. It held that the appellant had known the …