International and Area Studies Commons^™

Vol. 1, Issue 2 Cover

SAIPAR Case Review

No abstract provided.

Law Association Of Zambia V. The Attorney General (Appeal No. 8/2014) [2016] Zmsc 243, Muna B. Ndulo, Samuel Ndungu

SAIPAR Case Review

No abstract provided.

Esan V.The Attorney General (Appeal No. 96/2014) [2016] Zmsc 255, Nicholas Kahn-Fogel

SAIPAR Case Review

No abstract provided.

Nyimba Investments Limited Vs Nico Insurance Zambia Limited (Appeal No. 130/2016) [2017] Zmsc 32, Edward Sampa

SAIPAR Case Review

No abstract provided.

United Democratic Movement V Speaker Of The National Assembly And Others (Cct89/17) [2017] Zacc 21, Tinenenji Banda

SAIPAR Case Review

No abstract provided.

Attorney General V Mutuna And Others (Appeal No. 088/2012) [2013] Zmsc 38, Muna B. Ndulo

SAIPAR Case Review

No abstract provided.

Dh Brothers Industries (Pty) Limited Vs. Olivine Industries (Pty) Limited (Appeal No. 74/2010) [2012] Zmsc 17, Chanda N. Tembo

SAIPAR Case Review

No abstract provided.

Milford Maambo And Others V The People 2016/Cc/R001 [2017], O'Brien Kaaba

SAIPAR Case Review

No abstract provided.

Silent, Spoken, Written, And Enforced: The Role Of Law In The Construction Of The Post-Colonial Queerphobic State, Chan Tov Mcnamarah

Cornell International Law Journal

Debates over the origins of queerphobia in post-colonial African nations are legion. The conversation is dominated by opinions that paint Africans as inherently more violent towards, and less tolerant of sexual minorities than their Western counterparts. Less present in the conversation is the view that colonially-imposed laws have played a significant role in the creation of queerphobic, post-colonial African states. However, as this Note contends, neither perspective fully accounts for regional variations in levels of queerphobia throughout the African continent. In response, this Note presents a model that tracks the role of law in the production of queerphobic sentiment prior …

Coal Power In Zambia: Time To Rethink, Prem Jain

Southern African Journal of Policy and Development

Zambia has until recently relied almost 100% on hydropower for electricity generation. The first coal power plant in Zambian history was commissioned recently in 2016/17. An unprecedented power shortfall in 2016 prompted the Zambian government to diversify its energy sources by planning to go into solar and increased coal power. Coal causes high levels of pollution, degrades the environment, damages people’s health and causes climate change. Solar and other renewable sources of energy are clean. The cost of power from renewable energy is now competitive with that of coal power. Coal power is on the decline worldwide and renewable power …

Vol. 3, No. 2 Cover

Southern African Journal of Policy and Development

No abstract provided.

Vol. 3, No. 2 Copyright Statement

Southern African Journal of Policy and Development

No abstract provided.

Vol. 3, No. 2 Masthead

Southern African Journal of Policy and Development

No abstract provided.

Vol. 3, No. 2 Table Of Contents

Southern African Journal of Policy and Development

No abstract provided.

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 …

Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Minority Judgement, Dunia P. Zongwe

SAIPAR Case Review

On September 5th 2016, there was tension in the packed Constitutional Court. Three out of five Constitutional Court judges (i.e., Anne Mwewa-Sitali, Mugeni Mulenga and Palan Mulonda) dismissed the election petition of Presidential candidate Hakainde Hichilema and his running mate Geoffrey Mwamba, on the grounds that the time for hearing the petition had lapsed. The President of the Court Justice Hildah Chibomba, and Justice Margaret Munalula dissented.

Dividing the Court was the interpretation and effect of Articles 101(5) and 103(2) of the Constitution of Zambia. Articles 101 (5) and 103 (2) provide that the Constitutional Court must hear a Presidential …

Vol. 1, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

Vol. 1, Issue 1 Masthead

SAIPAR Case Review

No abstract provided.

Editors Note, Tinenenji Banda

SAIPAR Case Review

No abstract provided.

Katuka And Law Association Of Zambia Vs Inonge Wina And Others (2016/Cc/0010/2016/Cc/0011) [2016] Zmcc 1, Tinenenji Banda

SAIPAR Case Review

The discrete legal issue to be decided by the Court was whether the continued stay in office by the Vice President, Cabinet Ministers, Provisional Ministers and Deputy Ministers – after the dissolution of Parliament on 11th May, 2016, and after the enactment of the Constitution of Zambia Amendment Act No. 2 of 2016, was ultra vires the constitution and therefore unconstitutional. If unconstitutional, a follow up issue was whether the salaries, allowances, and emoluments drawn by the above officials during their unlawful stay in office should be repaid. The case was filed as three separate causes, but by consent of …

Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Majority Judgment, Muna Ndulo

SAIPAR Case Review

No abstract provided.

Katuka V Electoral Commission Of Zambia (2016/Cc/0025) [2016] Zmcc 2 (9 August 2016), Chanda Chungu

SAIPAR Case Review

No abstract provided.

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.

Vol. 3, No. 1 Cover

Southern African Journal of Policy and Development

No abstract provided.

Vol. 3, No. 1 Masthead

Southern African Journal of Policy and Development

No abstract provided.

Vol. 3, No. 1 Table Of Contents

Southern African Journal of Policy and Development

No abstract provided.

“Give A Man A Fish: Reflections On The New Politics Of Distribution”, By James Ferguson [Book Review], Daniela Atanasova

Southern African Journal of Policy and Development

Development policy and discourse have long shied away from the idea of giving money directly to the poor. In his latest book, anthropologist James Ferguson argues that this reluctance is slowly giving way. He documents a veritable ‘cash transfer revolution’ taking place in the Global South, with countries such as South Africa, Brazil and Namibia in the vanguard. Drawing on a rich empirical and ethnographic literature on cash transfers and the livelihoods of the poor, with a focus on southern Africa, Ferguson delivers a thought-provoking analysis of the genesis, limitations and radical potential of these programmes. At its most original, …

Vol. 3, No. 1 Copyright Statement

Southern African Journal of Policy and Development

No abstract provided.

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 …

Patient Waiting Time: A Case Study Of The Medical Outpatient Department Of Kilimanjaro Christian Medical Center, Adrienne Groccia, Godwin Mselle, Anzibert Rugakingira, Lodoe Sangmo, Happy Somboi, Francis M. Ngure

Southern African Journal of Policy and Development

Studies of patient waiting time are scarce in low-income countries. Significant consequences of long patient waiting times, such as reduced healthcare seeking behaviours, indicate that minimising patient waiting time should be prioritised in low-income settings. Several short and long-term intervention strategies to combat the effects of patient waiting time and improve overall efficiency are based on the analysis of patient waiting time at the Medical Outpatient Department of Kilimanjaro Christian Medical Center.