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Vol. 7, No.2 Cover

Southern African Journal of Policy and Development

No abstract provided.

Vol. 7, No. 2 Masthead

Southern African Journal of Policy and Development

No abstract provided.

Vol. 7, No. 2 Table Of Contents

Southern African Journal of Policy and Development

No abstract provided.

Uganda’S Parish Development Model In Practice: Rationale, Impact And Relevance For Bottom-Up Economic Development In Africa, Steve Kayizzi-Mugerwa

Southern African Journal of Policy and Development

The Parish Development Model (PDM), launched by the Ugandan authorities in early 2022, is the country’s latest attempt at making devolution work for local development, financial and social inclusion at the national level, and growth-enhancing economic transformation more broadly. The introduction of the PDM in Uganda raises the question of whether state-led local development initiatives, when undertaken in partnership with the private sector and civil society are feasible in a resource-constrained country. To succeed, the PDM will require a “whole-of-government” approach and strong institutions, both are still in the making. The paper looks at four specific challenges of PDM implementation: …

“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. 6, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Board

SAIPAR Case Review

No abstract provided.

Editorial Note, O'Brien Kaaba, Madrine Mukabili

SAIPAR Case Review

No abstract provided.

Legal Human Rights And Tanzania Human Rights Defenders Coalition V Tanzania, Application No. 039/2020 (13 June 2023), Kafula M. Kasonde

SAIPAR Case Review

This judgement is a milestone in the Tanzanian jurisprudence as it subjects the Tanzanian legal system to scrutiny by an international court with regards to a provision in a domestic statute providing for non-bailable offenses. The legal system of Tanzania overlooked an opportunity in this case to examine the compatibility of national legislations with international human rights standards. This judgement highlights the critical role of human rights non-governmental organisations (NGOs) and their efforts to challenge domestic laws that may infringe upon fundamental rights through emphasizing the need for alignment and adherence to international human rights standards.

Kachasu (Suing As The Administrator Of The Estate Of The Late Paul Kachasu) V Manda (Sued As Administrator Of The Estate Of The Late Dr Francis Manda) And Ors (Appeal No.163 Of 2021) [2023] Zmca 200 (30 August 2023), O'Brien Kaaba, Hope Sthembile Homela

SAIPAR Case Review

The decision by the Court of Appeal is a forward thinking one that deserves acclaim for its empathetic approach towards religious beliefs and and administering treatment in hospitals. This Judgement is significant to the Zambian jurisprudence as it underscores the paramountcy of patient autonomy and informed consent when administering medical treatment by healthcare providers. This judgement serves as a pivotal reference and precedence for the legal and ethical obligations of healthcare providers to respect the wishes and directives of their patients, even when those wishes are deeply rooted in religious beliefs or amounting to a loss of life, a breach …

Willard Mwiinga V The People Appeal No/167/2022 (24 August, 2023), Mwami Kabwabwa

SAIPAR Case Review

This case calls upon judges to move beyond a rigid application and recognition of gender based violence (GBV) laws thoughtfully to cases involving domestic violence, to protect women and girls. In this pivotal Judgement, the Court of Appeal missed a crucial chance to fulfill its duty to construe the law with an acute awareness of gender issues and the prevalent problem of Gender-Based Violence (GBV). Acknowledging such issues in legal decisions is vital as it embeds gender sensitivity into the consciousness of both the legal framework and society at large, as seen through the judiciary’s lens. This acknowledgment is instrumental …

Sanat Limited V Shaileshukmar Suryakant Amin Caz Appeal No. 137 Of 2019, Clement Ngoma

SAIPAR Case Review

This Judgement demonstrates the importance of judicial interpretation of statutes through the Court of Appeal’s decision which was not solely based on one section of the Lands and Deeds Registry Act but the the Act as a whole thereby correcting and rectifying the lower court’s narrow and limited interpretation of the Statute. The judgement serves as a remainder of the courts’ role in protecting the rights of beneficial owners as well as honouring the original terms agreed by the parties involved against claims made by trustees who may seek to assert ownership contrary to the terms of the trust. Further, …

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.

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.