Social and Behavioral Sciences Commons^™

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 …

Standard Chartered Bank Plc V Celine Meena Nair [2019] Zmca 221, Ntemena Mwanamwambwa, Milambo Chibbonta-Pupwe

SAIPAR Case Review

This case is one of a kind and therefore significant for several reasons in the jurisprudence of Zambian Employment Law. The case highlights that the employer-employee relationship is one founded on the implied term of mutual trust and confidence which entails that both parties must accord each other due trust and respect regardless of status.

The decision in this case, sets a clear and stern tone in cases of constructive dismissal bordering on toxicity within the working environment. Thus, employers are put on notice to adhere to their own grievance procedures particularly in cases involving bullying, harassment and victimization such …

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 …

From 'Pandemic' To 'Endemic' And Beyond: Key Aspects Of Research On Older Singaporeans In A Year Of Transition, Nadya Haifan, Jane Tan, Rachel Wen Yi Ngu, Mindy Eiko Tadai, Yan Er Tan, Grace Cheong, Micah Tan, Wensi Lim

ROSA Research Briefs

The past year has been one marked by transition – as a country we have moved from treating COVID-19 as a pandemic to living with it as an endemic disease. Research conducted by the Centre for Research on Successful Ageing (ROSA) has taken a similar trajectory, expanding the scope of investigations from COVID-19 topics to other areas that are important for the general well-being of older adults in Singapore. This report showcases ROSA’s research involving older Singaporeans and the partnerships that have been forged in the past year. These developments will be presented in two sections. The first outlines the …

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

SAIPAR Case Review

No abstract provided.

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.

The "Roaring Flame": Pursuing Thymos In Chinua Achebe's Things Fall Apart, Samrand Avestan, Owen G. Mordaunt

International Dialogue

Drawing principally from Francis Fukuyama’s (1952–) conception of thymos, this article focuses on exploring Okonkwo’s desire and his rigid personality in Chinua Achebe’s (1930–2013) magnum opus titled Things Fall Apart (1958). This paper hopes to prove how Achebe’s most famous character, Okonkwo, attempts to gratify his thymos which is described as a ‘desire for recognition’. Consistent with Fukuyama’s notion, this research examines how Okonkwo struggles to gain his thymos in confrontation with Ibo people and how his thymos-driven emotions incite him to reject the white colonists’ dominance in the fictional clan of Umuofia in Iboland. Therefore, we argue why Okonkwo’s …

Notes From The Editor: Volume 12, Rory J. Conces Prof.

International Dialogue

No abstract provided.

Divided Memories About Building Peace In Chechnya (1995-2004), Cécile Druey

International Dialogue

The conflicts in and around Chechnya are intractable, with a perceived impossibility to find a negotiated solution. This paper focuses on the hostage crises of Budennovsk (1995) and Beslan (2004) which are episodes from the two Chechnya Wars and had an important impact on their further course. Based on the memories of key actors representing specific sides of the conflict, the paper identifies and contextualizes diverging approaches to negotiations and conflict settlement. Conceptual support for this analysis of open-source materials is provided by the theoretical literature on “ripeness” and “readiness” as conditions for the initiation and successful conduction of negotiations. …

Table Of Contents, Rory J. Conces Prof.

International Dialogue

No abstract provided.

Disorder In Heaven And On Earth: Heaven In Disorder Slavoj Žižek. Or Books, New York And London, 2021. Pp. 240., Edward Sankowski, Betty J. Harris

International Dialogue

This essay examines three main aspects of Slavoj Žižek’s book. Beyond interpretation, we also aim for a constructive account of what novel insights might emerge from critically examining Žižek’s efforts in this book. (1) One aspect of his text is his continuing insistence on the goal of a newly re-conceived Communism, so named, e.g., in remarks about ecological threats (65) and in the concluding section, “Why I Am Still A Communist” (212; 218). Žižek’s goal is Communism, but supposedly not the authoritarian variety of communism that emerged in the twentieth century (213). In Žižek’s view, Communism must be invented to …

Levinas, Adorno, And The Ethics Of The Material Other By Eric Nelson, Suny Press, 2020 Pp. 480, Emilia Angelova, Curtis Hutt, Leah Klmanson, Eric Nelson

International Dialogue

This is a number of reviews and responses to Eric S. Nelson's Levinas, Adorno, and the Ethics of Materials Other (2020) SUNY Press. This includes:

The Relation of the Ethics of the Material Other to the Rights of the Stranger by Emilia Angelova

Nelson's Defense of Asymmetrical Ethics: On Religion and Human Rights by Curtis Hutt

On Nelson and East Asian Philosophies by Leah Kalmanson

Author Response: The Ethics of the Material Other and the Right of the Other by Eric S. Nelson

Becoming Human: A Theory Of Ontogeny Michael Tomasello. Cambridge: Harvard University Press, 2019 Pp. 392., Benjamin Gregg

International Dialogue

No philosophical question is older than What are we, we humans? Michael Tomasello contributes a splendid, empirically based answer to this hoary debate in Becoming Human, with a programmatic subtitle, A Theory of Ontogeny. We humans are an evolved organism with a capacity to create culture only by means of which we can realize aspects of our biological selves—and just as our biology can realize aspects of our cultural selves. That is, our biology evolved in ways that released in us capacities for “culture” that, in turn, released in us biologically relevant capacities, with “enormous and cascading phenotypic effects”—but effects …

Working With English Grammar: An Introduction Louis Cummings New York: Cambridge University Press, 2018, 372 Pp., Owen G. Mordaunt

International Dialogue

The purpose of this book is to give an introduction of the grammar of the English language to students with little or no knowledge or no prior knowledge of English grammar. It could be part of a linguistics program and could include students working toward a TEFL/TESOL degree or even those students working towards certificates in these areas. It could also be suitable for students in Advanced Placement in the U.S. and Advanced Levels elsewhere. In addition, this text could be useful to those who need to increase their knowledge of English grammar, be they professionals, writers, editors, teachers, speech …

Structures Of Loyalty: A Comparative Study Of Jewish And Palestinian Evangelicals' Acquiescence To Fundamentalist And Authoritarian Values, Anders P. Lundberg, Kristian Steiner

International Dialogue

This is a qualitative comparative study of two evangelical movements in Israel and in the West Bank: the Israeli Messianic (IM) movement and the Palestinian Evangelical (PE) movement. Through interviews on how informants understand the Middle Eastern conflict, our aim is (1) to compare the prevalence of fundamentalist/authoritarian (F/A) values in the IM and PE movements and (2) to understand how a particular socio-political context —Israel and the West Bank—might affect the acquiescence to a F/A mindset amongst the two movements. To accomplish this, we created a F/A construct that measures five values: literalism, social withdrawal, authoritarian aggression, authoritarian submission, …

Prevention Of Child Sexual Abuse In South Africa: Assessing The Role Of Parents, Community Leaders, Educators, And Social Workers, Nosisa Mabetshe, Emeka E. Obioha, Ishmael Mugari, Elphina N. Cishe

Dignity: A Journal of Analysis of Exploitation and Violence

Child sexual abuse is a global problem and is prevalent in South Africa. Child sexual abuse significantly harms the victims. This study looked at child sexual abuse prevention, focusing on the community, school system, and social workers. A mixed methods research method was used. Data were collected from 115 questionnaire respondents, of which 15 in-depth interview participants were selected. The sample was selected using purposive sampling and stratified random sampling techniques. Low reporting of incidents is hindering the effective response to child sexual abuse. The study revealed the significant role parents and community members could play in preventing child sexual …

Football As Soft Power: The Political Use Of Football In Qatar, The United Arab Emirates And The Kingdom Of Saudi Arabia, Vitas Rafael Carosella

Abdou Filali-Ansary Occasional Paper Series

In November 2022 Qatar hosts the first Middle East and North Africa (MENA) region FIFA World Cup. This paper seeks to understand the use of football as a soft power political tool in Qatar, the United Arab Emirates (UAE) and the Kingdom of Saudi Arabia. Based on culture, values and policies, soft power is power through attraction as opposed to coercion. The stronger one player’s values, culture and policies are, the more soft power that player has. Qatar, the UAE and Saudi Arabia, traditional fossil fuel-based states, suffer from a lack of attraction. By investing in football, each nation hopes …

Vol. 5, Issue 3 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

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.

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 …

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.

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.

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. …

Changing College Graduation Rates Among New York City’S Latino Populations, 1990 - 2020, Laird W. Bergad

Center for Latin American, Caribbean, and Latino Studies

Introduction:

This report examines changing college graduate rates between 1990 and 2020 among all Latinos in New York City and within the five largest population nationalities in 2020: Dominicans, Puerto Ricans, Mexicans, Ecuadorians, and Colombians.

Methods:

All data in this report were derived from the 1990 and 2020 American Community Survey 5-year survey samples found at IPUMS USA found at https://usa.ipums.org/usa/. See Steven Ruggles, Sarah Flood, Ronald Goeken, Megan Schouweiler and Matthew Sobek. IPUMS USA: Version 12.0 [dataset]. Minneapolis, MN: IPUMS, 2022. https://doi.org/10.18128/D010.V12.0 College graduation rates were calculated by the U.S. Census Bureau for the population 25 years of age …

The Erasure Of Sex: The Global Capture Of Policies On Sex By Gender Identity Activists And The Effects On The Rights Of Women And Girls, Feminists From Europe, Asia, North America, Latin America, And Africa

Dignity: A Journal of Analysis of Exploitation and Violence

This article reviews the goals, history, and impact of the new gender identity politics. Based on the Yogyakarta Principles, these new ideas and policies will profoundly affect the rights of women and girls worldwide. The Principles are a document from an international meeting about sexual orientation and gender identity in 2006. In 2017, the document was updated to the Yogyakarta Principles Plus 10. The Principles recommend legal changes by states worldwide, resulting in the erasure of sex as a legal and cultural category. These principles have been widely used to lobby for legal changes resulting in profound structural …

[Preface To] Peace, Preference, And Property: Return Migration After Violent Conflict, Sandra F. Joireman

Bookshelf

Growing numbers of people are displaced by war and violent conflict. In Ukraine, Afghanistan, Ethiopia, Myanmar, Syria, and elsewhere violence pushes civilian populations from their homes and sometimes from their countries, making them refugees. In previous decades, millions of refugees and displaced people returned to their place of origin after conflict or were resettled in countries in the Global North. Now displacements last longer, the number of people returning home is lower, and opportunities for resettlement are shrinking. More and more people spend decades in refugee camps or displaced within their own countries, raising their children away from their home …

The Past, Present, And Future Of China-Related Accounting Research, Qiang Cheng, Luzi Hail, Gwen Yu

Research Collection School Of Accountancy

This discussion makes several observations regarding the past 25 years of China-related accounting research reviewed in Lennox and Wu (2022). First, we discuss factors of supply and demand that led to the rise of China-related studies and how this growth has contributed to the internationalization of accounting research. We note that the taxonomy of the literature by geographic region rather than topic or methodology is unusual and makes it difficult to formulate a common framework that would help organize the many contributions. Next, we distill distinct patterns in authorship, choice of topics, and asserted contributions of China-related studies. Studies are …