Social and Behavioral Sciences Commons^™

Vol. 7, No. 1 Cover

Southern African Journal of Policy and Development

No abstract provided.

Vol. 7, No. 1 Table Of Contents

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 …

Vol. 6, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Board

SAIPAR Case Review

No abstract provided.

Editorial Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

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 …

Elusive Empowerment: Emerald Mining In Ndola Rural Under Kenneth Kaunda’S One-Party State, Alexander Caramento, Agatha Siwale-Mulenga

Zambia Social Science Journal

One of the hallmarks of Kenneth Kaunda’s tenure in office was the nationalisation of Zambia’s large-scale copper mines. Yet after the Matero Reforms of 1969, which purported to empower Zambians through the public ownership and management of the country’s largest export industry, President Kaunda and his colleagues curiously decided to partner with a foreign investor (Hagura Mining) in the 1980s to develop the emerald mining sector in Ndola Rural (now Lufwanyama), while Zambian artisanal and small-scale miners (ASM) were sidelined. Drawing upon archival documents, newspaper coverage, and a select number of interviews, this paper seeks to examine this apparent shift …

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.

Editorial Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

Toyota Motors South Africa (Pty) Ltd V Numsa Obo Njini And Others (D 692/19 [2022] Zalcd 12 (14 July 2022), Stephen Nkosi

SAIPAR Case Review

This was an application in terms of s 145 of the Labour Relations Act 66 of 1966. Toyota sought to have the decision of the CCMA, ordering the re-instatement of Mr Lungile Njini - then an employee of Toyota for 17 years – be set aside, and that his dismissal be declared fair. The case represents an interesting interplay between the quest for discipline and productivity in the workplace and the right to exercise one’s constitutional right to culture as provided for in s 30 of the Constitution of the Republic of South Africa Act. This note is divided into …

Charity Oparaocha V Winfrida Murambiwa (2004) Z.R. 141 (S.C.), Milambo Chibbonta-Pupwe

SAIPAR Case Review

No abstract provided.

Chimanga Changa Limited V Export Trading Limited (Scz Appeal No. 3 Of 2022), Ntemena Mwanamwambwa, Chenela Mwale-Simbotwe

SAIPAR Case Review

The Supreme Court’s decision in Chimanga Changa has set a clear and resounding tone as well as a sound precedent in the Jurisprudence of Zambian Corporate Insolvency law, specifically in relation to how voluntary business rescue proceedings should be commenced, when they commence and most importantly that an application objecting to the commencement of business rescue proceedings pursuant to section 22(1), does not answer to the definition of a legal proceeding for purposes of effecting a moratorium within the confines of section 25 of the Act.

S V Lifumbela And Others 2022 (1) Nr 205 (Sc), Dunia P. Zongwe

SAIPAR Case Review

The Lifumbela case stems straight from the High Treason Trial, Namibia’s longest and – probably – most expensive judicial saga. In S v Lifumbela, the Supreme Court of Namibia had to settle an appeal against the convictions and sentences of 30 accused implicated in the High Treason Trial. Despite the big stakes involved in this matter, the apex court did not manage to rise to this once-in-a-lifetime occasion and seize this historic moment.

By confirming that the appellants committed high treason, murder, and attempted murder on the basis of conspiracy (i.e., an incomplete crime), the Namibian Supreme Court upended the …

Emporium Fresh Foods Limited T/A Food Lovers Market And Gourment Market Limited V. Kapya Chisanga Caz Appeal No. 44/2021, Chanda Chungu

SAIPAR Case Review

The Respondent, Mr. Kapya Chisanga was alleged to have disclosed information to people, without authority. Following this, he was summarily dismissed. The Respondent challenged his dismissal in the High Court alleging that his dismissal was wrongful, unlawful, and unfair. The High Court held that the Respondent’s dismissal was wrongful, unlawful, and unfair, and granted 24 months salary as damages. The employer subsequently appealed the matter to the Court of Appeal for determination.

The Court of Appeal held that before an employer summarily dismisses an employee, the employee must be subject to a due process. According to the Court of Appeal, …

Zambia Electronic Clearing House Limited V. James Kalengo Caz Appeal No. 239 Of 2020, Chanda Chungu

SAIPAR Case Review

The Court of Appeal’s decision in James Kalengo is crucial because it demonstrates that the concept of a legitimate expectation of renewal, as a principle and concept exists under Zambian employment law. Whilst an employer does retain the discretion to renew a contract of employment or not when it is due to expire, an employee may have a legitimate expectation of renewal if there is any past practice, prior promise or bad faith/mala fides in relation to the renewal.

Mark Tink And Others V. Lumwana Mining Company Limited Caz Appeal No. 41/2021, Chanda Chungu

SAIPAR Case Review

The decision in Mark Tink and Others v. Lumwana Mining Company Limited is an important decision because it clarifies and restates that law that a valid reason, that is substantiated is required when an employer initiates termination of the contract of employment.

This article critiques the approach of the Court of Appeal as it relates to the award of damages. This article seeks to provide clarity as it relates to the award of damages, particularly the way is granted and justified. It is suggested that when the opportunity arises either the Court of Appeal or the Supreme Court should revise …

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. …

Vol. 5, Issue 3 Table Of Contents

SAIPAR Case Review

No abstract provided.

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 …

Eva Chiboni V. New Future Finance Company Limited 2020/Hpc/0776, Chanda Chungu

SAIPAR Case Review

The decision in Eva Chiboni has been seen by some as a victory for vulnerable groups of people in Zambia, compared to bigger entities that do at time take advantage of parties with less bargaining powers. However, as this article has demonstrated, it reached an outcome not supported by principles of law, particularly those relating to the need to provide lucid and clear evidence of a vitiating factor or illegality to declare a contract null and void.

Editorial Board

SAIPAR Case Review

No abstract provided.

Livingstone Motor Assemblers Limited (In Receivership) V Indeco Estates Development Company And Others (Supreme Court Judgment No. 1 Of 2013), Ntemena Mwanamwambwa

SAIPAR Case Review

The appeal stems from a winding-up petition filed in the High Court by the respondents seeking an order to commence winding-up proceedings as well as the appointment of a liquidator in respect of the appellant, Livingstone Motor Assemblers Limited. The latter was heavily indebted to several creditors, including the respondents and the Zambia National Commercial Bank (ZANACO) which had commenced receivership proceedings and appointed a receiver/manager extra judiciously, prior to the High Court granting the winding-up order. Disgruntled by the grant of the order, the receiver/manager made an application to vary it so that only he would retain possession of …

Ackim Chirwa, Levy Joseph Ngoma And U-Fuel (Z) Limited V. Mini Mart Development Corporation Limited Caz Appeal No. 68/2021, Chanda Chungu

SAIPAR Case Review

No abstract provided.