African Studies Commons^™

Abedinego Kapeshi And Another V The People Scz Selected Judgment No. 35 Of 2017, Gift Sangende

SAIPAR Case Review

In 2017, the appellants, being dissatisfied with the judgment of the Kabwe High Court appealed to the Supreme Court. They contended among other things, that the trial court erred in law to convict the appellants of murder. They further stated that the court erred in law to sentence the appellants to life imprisonment, as the sentence was excessive.

This case accorded the Supreme Court a great opportunity to discuss the belief in witchcraft and the offending conduct premised on that belief, as well as the multiple violations that are coupled with the same belief. Remarkably, the Court moved away from …

Moses Lukwanda And 9 Others V Zambia Airforce Projects Limited And 7 Others Caz/08/323/2019, Pamela T. Sambo

SAIPAR Case Review

No abstract provided.

Richard Musenyesa V. Indo Zambia Bank Limited Appeal No. 214/2016 (2020), Chanda Chungu

SAIPAR Case Review

In Richard Musenyesa v. Indo Zambia Bank Limited, the Supreme Court dealt with an employee whose conditions of service were altered by their employer. The entitlement to gratuity at the end of the employment relationship was not mentioned in the new conditions of employment despite being in the previous conditions that regulated his employment.

The Supreme Court provided that where acquiescence is intended to be assumed from conduct, credible evidence will have to be led, showing that the employee was by clear notice given by the employer indeed aware of the variation, understood the implications and its full extent, before …

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …

Morocco’S Leadership: Assessing The Relationship Between The State And Non-Governmental Organizations Working On Migration Affairs, Adriana Nadyieli González Ortiz

Independent Study Project (ISP) Collection

The history of Moroccan Non-Governmental Organizations (NGOs) is almost as long as the country’s history with migration. After Morocco's record as a sending country, its unique location attracted an increasing flow of migrants from the rest of Africa to transit the territory in hopes of crossing over to Europe. More recently, tighter border securitization has resulted in notable numbers of migrants permanently settling in Morocco. Significant changes in migration policy have both prompted and resulted from this progression. And simultaneously, national NGOs have strengthened their role as protagonist advocates for migrants’ rights as well as foremost providers of target-diverse support …

From The Ulama To The Legislature: Hermeneutics & Morocco’S Family Code, Rachel Olick-Gibson

Independent Study Project (ISP) Collection

This study examines the role that Islamic law has played thus far in reforming the Moroccan Family Code, also known as the Moudawana. When King Mohammed VI reformed this law in 2004, Morocco received immediate international praise for its liberal strides towards gender equality. Through this study I investigated the hermeneutical tools and methods of ijtihad employed both by the drafters of the Moudawana and by activists leading up to the 2004 reforms. I then investigate impediments to the implementation of this Code in providing substantive legal rights to Moroccan women and the role that interpretation of Islamic law plays …

Understandings Of Sexual Consent Among Male And Female Zulu South Africans In Masxha, Kwazulu-Natal, Larkin Levine

Independent Study Project (ISP) Collection

Though South Africa has an astonishingly high rate of rape and sexual violence, little research has been conducted on understandings of sexual consent outside of the context of rape and sexual violence in different South African communities. Instead, research has focused on understandings and perceptions of rape and sexual violence alone, ignoring the importance of understanding how individuals approach consent in healthy sexual relationships.

Through conducting semi-structured interviews with sixteen Zulu males and females of different ages, all of whom are residents of Masxha, I hoped to learn how these individuals understand sexual consent and how consent is requested, given, …

2020 Mlk Keynote Address: Michelle Alexander Presentation, Center For Social Equity & Inclusion, Michelle Alexander, Rosanne Somerson, Matthew Shenoda

Martin Luther King, Jr. Series

2020 MLK Series Keynote Michelle Alexander brings audiences profoundly necessary and meaningful insights on the practice of mass incarceration that plagues the US justice system, as well as eye-opening conversation on how we can end racial caste in America. Lecture Wednesday, January 22, 2020 at 5:30pm, RISD Auditorium, 17 Canal Walk, Providence, RI.

In her acclaimed bestseller The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Alexander peels back the curtain on systemic racism in the US prison system in a work that the New York Review of Books describes as "striking in the intelligence of her …

Plea Bargaining, Reconciliation And Access To Justice In Zambia: Exploring The Invisible Link, O’Brien Kaaba, Tony Zhou

Zambia Social Science Journal

This article looks at the criminal justice system in Zambia in relation to efficiency and plea bargaining. Using publicly available data, it demonstrates that the institutions under the criminal justice sector are struggling to cope with heavy caseloads. The majority of cases in this context are disposed of through plea bargaining, thereby avoiding full trial. Only a few proceed to full trial. In this respect, it can be seen that plea bargaining serves two ends: it enables deserving cases to have space for trial and it allows the rest of the cases to be disposed of efficiently, without resort to …

Resource Nationalism And Zambia’S Oscillating Mining Taxation Regime, Edna Kabala, Rosemary Mapoma, John Lungu

Zambia Social Science Journal

The parcelling and privatisation of the large state-owned mining conglomerate Zambia Consolidated Copper Mines (ZCCM) involved the signing of Development Agreements (DAs) between the Zambian government and the new private investors. These DAs were concessionary to the new investors, offering low taxation rates, tax exemptions and deductions. But in 2008, under political pressure from the opposition, then President Mwanawasa abrogated the DAs with a new Mines and Minerals Act, removing exemptions and deductions and increasing taxation rates. This action set in motion a decade long period of contestation over mining taxation in Zambia, with the introduction and retraction of numerous …

Police Procedural Justice, Lawyer Procedural Justice, Judge Procedural Justice, And Satisfaction With The Criminal Justice System: Findings From A Neglected Region Of The World, Daniel K. Pryce, George Wilson

Sociology & Criminal Justice Faculty Publications

Although the impact of procedural justice on citizens’ satisfaction with the police and other branches of the criminal justice system has been tested in several geopolitical contexts, this is the first study to examine the relative impacts of police procedural justice, lawyer procedural justice, and judge procedural justice on satisfaction with a country’s criminal justice system. To assess the universal applicability of procedural justice, scholars must carry out research in all geopolitical regions. However, subSaharan Africa appears to be a region that scholars have neglected for far too long. As a result, the current study assesses the relative impacts of …

Reflections On Emerging Practices And Developments In The Field Of Law Reporting: Lessons From Kenya, Teddy J.O. Musiga

Southern African Journal of Policy and Development

Many users and/or consumers of law reports grapple with two major questions. The first question revolves around the issue why some judicial decisions are referred to as reported decisions, while others are referred to as unreported decisions. This question therefore deals with the dichotomy between reported judicial decisions and unreported judicial decisions. The second question flows from the first and relates to which categories of decisions appear in law reports (and therefore are classified as ‘reported’) and which ones do not (and therefore are classified as ‘unreported’). Put the other way around, that second question becomes: what are the criteria …

The People V The Patents And Companies Registration Agency Ex-Partes Finsbury Investment Limited And Zambezi Portland Cement Limited 2017/Ccz/R003 Selected Judgment No. 28 Of 2018, Chanda Chungu

SAIPAR Case Review

The dispute related to how to commence judicial review proceedings in Zambia. The applicant in this matter commenced judicial review proceedings in the High Court of Zambia by way of applying for leave. In between the period after the High Court granted leave to hear the merits of the judicial review and the hearing date, the Patents and Companies Registration Agency (PACRA), the Respondent filed an application to discharge the leave granted. It was at this point that the Applicants filed summons, to have the matter referred to the Constitutional Court to determine whether or not the requirement for leave …

The People V The Patents And Companies Registration Agency Ex-Partes Finsbury Investment Limited And Zambezi Portland Cement Limited 2017/Ccz/R003 Selected Judgment No. 28 Of 2018, O'Brien Kaaba

SAIPAR Case Review

The matter came to the Constitutional Court by referral from the High Court. The Applicant applied for leave to issue judicial review process and leave was granted by the High Court. While the main application for judicial review was still pending, the Respondent filed an application to discharge the leave granted to the Applicant. The Applicant opposed this motion and then applied to have the matter referred to the Constitutional Court.

Editor's Note, Tinenenji Banda

SAIPAR Case Review

No abstract provided.

Vol. 2, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

Vol. 2, Issue 2 Masthead

SAIPAR Case Review

No abstract provided.

Konkola Copper Mines Plc V Nyasulu And 2000 Others Appeal No. 1/2012, Pamela Towela Sambo

SAIPAR Case Review

No abstract provided.

Vedanta Resources Plc And Konkola Copper Mines Plc V Lungowe And Others 2019 Uksc 20, Pamela Towela Sambo

SAIPAR Case Review

This case was initiated in the court of first instance, the England and Wales Technology and Construction Court (hereinafter referred to as the UK High Court Division) on 31 July 2015, by 1, 826 Zambian citizens who are resident in Chingola, Zambia. The claimants sought damages for personal injury, wide ranging environmental harm, damage to property, loss of income and amenity and enjoyment of land arising out of alleged pollution and environmental damage caused by the second appellant, Konkola Copper Mines (hereinafter referred to as ‘KCM’) at its Nchanga copper mine from about 2005 to date.

The first appellant, Vedanta …

Strategic Implications For The United States Of The Belt And Road Initiative In Africa, Alec Monnie

Independent Study Project (ISP) Collection

The belt and road initiative is one of the most significant developments of the twenty-first century, which the United States will need to learn to adapt to. Much of the academic literature regarding the belt and road initiative mentions that Africa is a significant participant in this policy development, but fail to elaborate as to why that is, or what the implications for this are for the United States. This article expands upon the strategic significance of the African continent, and explains the implications thereof for the United States and China. This article argues that the belt and road initiative …

The Transformative Potential Of High-Level Gender Equality: The Relationship Between Gendered Laws And Perceptions In Rwanda, Elena Ortiz

Independent Study Project (ISP) Collection

As part of its reconstruction process following the 1994 genocide against the Tutsi, Rwanda introduced several laws and policies protecting gender equality, which stood it stark contrast to traditional patriarchal norms and structures. This study focuses on the relationship between institutional gender reform and local perceptions. Specifically, it seeks to explore the extent to which perceptions around gender have caught up to legal changes and identify where the greatest gaps exist across political, social, and economic dimensions. Data collection occurred in two parts: quantitatively, a multiple-choice survey was distributed to 76 Rwandan adults investigating their perceptions of gender in political, …

Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker

Independent Study Project (ISP) Collection

This Independent Study Project (ISP) seeks to understand the work various Cape Town organizations are doing to help survivors of sexual assault gain access to justice. Previous research finds that social norms defining masculinity as well as rape myths and stereotypes lead to the high levels of gender-based violence (GBV) in South Africa. This research led to my hypothesis that organizations fighting GBV would target these norms to help survivors access the justice system that so frequently ignores them. Eight organizations were contacted requesting an interview to discuss their work and two agreed to participate. Participants were asked to discuss …

The Middle Ground: A Comparative Study On Mexico And Morocco As Transit And Forthcoming Host Nations, Christina Sarai Roca

Independent Study Project (ISP) Collection

Migration has always existed but has increased with globalization as societies are becoming more interconnected through different mediums, surging the larger scale of movement between borders and the increasing inequalities in wealth between nations. As transit countries, Mexico and Morocco function as nations seen receiving migrants in transit to their countries of destinations. Central American migrants and migrants from the South-of-the-Sahara are two prominent migrant populations in Mexico and Morocco for many years, but due to the increased political discourse, legislation, and increased enforcement at these border regions, these migrants find themselves remaining for extended periods or even settling permanently …

“Not Yet A Priority:” The Intersectional Exploration Of Labor Market Access For People With Disabilities, Anona Neal

Independent Study Project (ISP) Collection

Approximately one in four families in Morocco are affected by disability. Of those affected by disability, many are in vulnerable situations, because there is an explicit linkage between having a disability and likelihood of experiencing poverty. The primary reasons for this phenomenon include lack of access to education, employment and health care. Following the Arab Spring, the Moroccan government implemented Article 166 which explicitly banned workplace discrimination against people with disabilities (PWD); however, only 13% of those affected by disability of working age can find employment. In this paper, I investigate the obstacles PWD face that prevent them from accessing …

Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett

Dignity: A Journal of Analysis of Exploitation and Violence

Nigerian women and children have been trafficked to Italy over the last 30 years for commercial sexual exploitation with an alarming increase in the past three years. The Central Mediterranean Route that runs from West African countries to Italy is rife with organized crime gangs that have created a highly successful trafficking operation. As part of the recruitment process, the Nigerian mafia and its operatives exploit victims by subjecting them to a traditional religious juju oath ceremony, which is an extremely effective control mechanism to silence victims and trap them in debt bondage. This study explores the psychological effects of …

Film Review: The Uncondemned, Jessica M. Adach

Genocide Studies and Prevention: An International Journal

Film Review of The Uncondemned

Raila Odinga And Others V Independent Electoral And Boundaries Commission And Others [2013] Klr-Sck Petition No.5 Of 2013 & No. 1 Of 2017, Teddy J.O. Musiga

SAIPAR Case Review

Since the establishment of the Supreme Court of Kenya in 2011, it has so far determined two disputes arising from presidential election petitions. From the outset, it is important to clarify that this commentary does not purport to review the decisions of the 2013 and 2017 presidential election petitions. It only seeks to review and critique one salient aspect that emerges from the Supreme Court of Kenya’s approach in the treatment of rejected votes in those presidential election disputes.

The case note criticises the Supreme Court of Kenya’s approach which seems to favour the exclusion of rejected votes in the …

Editor's Note, Tinenenji Banda

SAIPAR Case Review

No abstract provided.

Vol. 2, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

Daniel Pule And Others V Attorney General And Others 2017/Ccz/004 Selected Judgment No. 60 Of 2018, Elias C. Chipimo

SAIPAR Case Review

In a case brought to determine the eligibility of President Edgar Lungu to stand as a presidential candidate in 2021, having served less than three years in his first term, the Constitutional Court determined that: ‘…the presidential tenure of office that ran from January 25, 2015 to September 13, 2016 and straddled two constitutional regimes, cannot be considered as a full term.’

In doing so, the Constitutional Court effectively backdated the application of the ‘New Clauses’ to a time when there was already a law governing: (a) the eligibility of a person to stand again as a presidential candidate who …