African Studies Commons^™

The Position Of The United States Of America Vis-A-Vis The Question Of Western Sahara: Assessing The Role Of Think Tanks In The Conflict, Hamid Baadeche

Graduate Theses, Dissertations, and Problem Reports (ETD)

ABSTRACT

The Position of the United States of America Vis-à-vis the Question of Western Sahara: Assessing the Role of Think Tanks in the Conflict

Hamid Baadeche

Think tank organizations, particularly in the United States, have become a prominent feature of the political landscape. They act as advocates for specific policies that they consider beneficial for the country or a particular societal group. They function as a primary source of information, which they then aim to transform into well-informed policies and sound decisions. They are referred to as "the revolving doors," "idea brokers," and "idea factory." As such, their foremost objective …

Volume 7, Issue 2 Title Page

SAIPAR Case Review

No abstract provided.

Volume 7, Number 2 Editorial Board

SAIPAR Case Review

No abstract provided.

Volume 7, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Note, O'Brien Kaaba, Madrine Mukabili, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.

Crime, Corruption, And Construction: Exploring The Impact Of The “Construction Mafia” On Public Infrastructure Development, Sada Kalbach

Independent Study Project (ISP) Collection

Recent government policies and a state-led focus on “radical economic transformation” have spawned a range of business forums, colloquially known as the “construction mafia,” seeking to capitalize on economic reform. However, competition for construction contracts have led to the widespread use of intimidation, violence, and government corruption within the eThekwini Municipality. This research seeks to understand how the construction mafia in eThekwini impacts the local government’s ability to develop public infrastructure, as well as the extent to which government responses enable or hinder organized criminal networks in the construction industry. Utilizing a qualitative method of semi-structured one-on-one interviews and notes …

Review Of Dialogue & Dissent: A Constitution In Search Of A Country Kenya, Robert M. Press

The Journal of Social Encounters

No abstract provided.

The Absence Of A Hegemonic State In The Yaounde Code Of Conduct Regime In The Gulf Of Guinea, Maulana Ammar Auliaur Rahman

Global: Jurnal Politik Internasional

In 2013, countries around the Gulf of Guinea established the Yaounde Code of Conduct as a maritime security regime to prevent and counter piracy and other maritime-related problems in the area. It turned out that numerous challenges made the Yaounde Code of Conduct unable to deal with the piracy problem in the area. This research, therefore, aims to explain the Yaounde Code of Conduct’s inability to deal with the problem using the Hegemonic Stability Theory, which is rooted in a power-based approach from international regimes study. By implementing explanative methods, the author argued that the absence of a hegemonic state …

Volume 7, Issue 1 Title Page

SAIPAR Case Review

No abstract provided.

Volume 7, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

Volume 7, Issue 1 Masthead

SAIPAR Case Review

No abstract provided.

Editorial Note, O'Brien Kaaba, Madrine Mukabili

SAIPAR Case Review

No abstract provided.

Sicelo Edgar Mpanza N.O V Jabulile Lucy Mpanza And Others (28/2023) [2023] Szsc 59 (18/122023), Phakama C. Shili, Simangele D. Mavundla

SAIPAR Case Review

This case note provides a critical analysis of the landmark Eswatini Supreme Court case of Mpanza v Mpanza as it pertains to nullification of colonial legislative provisions that discriminate against individuals who were married under customary law during their lifetime by exempting their estates from the jurisdiction of the Master of the High Court. Section 68 of the Administration of Estates Act of 1902 regulates the administration of the estates of Africans who die having contracted a customary marriage and encompasses specific clauses that establish the exclusion of the estates from the jurisdiction of the Master of the High Court. …

Pheluna Hatembo & Milton Hatembo V. Hakainde Hichilema (2020/Hp/1128), Muna B. Ndulo

SAIPAR Case Review

The case in question involved an application by the defendant to dismiss the matter as statute-barred, citing the Limitation Act of 1939. The High Court, in deciding the matter made reference to the Supreme Court's holding in the case of Daniel Mwale v. Njolomo Mtonga, which reiterated that, the limitation period begins when there is a party capable of suing and another capable of being sued, and all material facts have occurred. The court also emphasized that the statute of limitation can be raised at any stage of proceedings.

Chillerton Group Limited V Konkola Mineral Resources Limited And Konkola Copper Mines Plc Appeal No. 215/2023, Mwaba Chileya Mulenga

SAIPAR Case Review

This case highlights the legal complexity between surface rights holders and mining rights holders over the same land area. The Court of Appeal had an opportunity to address an important issue which is the relationship between these conflicting property rights, in a way that could clarify the interpretation of the Mines and Minerals Act with regards to surface rights law. However, it missed the chance to address the full scope of this tension, particularly the notion of ‘correlative rights’ between mining and surface rights holders. In this judgment, the Court maintained that surface rights disputes should be resolved under land …

Graduare Property Development Limited V A & J Interiors Limited Appeal No. 253/2023, Clement Ngoma

SAIPAR Case Review

This case underscores the importance of courts adhering to the well-established principle that issues not raised during the trial cannot be introduced as grounds of appeal. In this judgment, the Court of Appeal had an opportunity to clarify the legal implications of the non-registration of lease agreements, but it also highlighted the broader issue of raising legal points at any stage of proceedings, including on appeal. Despite the non-registration of the lease agreement, the Court of Appeal emphasized that such a legal issue could still be addressed during an appeal, reaffirming the flexibility of legal proceedings in protecting the rights …

Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania, Farouk Topan, Kai Kresse, Erin E. Stiles, Hassan Mwakimako

Exploring Muslim Contexts

Explores the relationship between Muslim communities and the State in East Africa in political, institutional and legal contexts

• Focuses on the relationship between Muslims and the State in Kenya and Tanzania
• Asks which factors, both within and outside the Muslim community, shape and affect this relationship in contemporary times
• Presents 13 case studies exploring governance issues within and across the categories of politics, institutions and law in Kenya and Tanzania
• Identifies cross-cutting issues of governance and Muslim communities which are relevant beyond East Africa

Recent studies of Muslims in Kenya and Tanzania have tended either to examine governance of Muslims …

A Botched Procedure For Removing A High Court Judge: A Critique Of Joshua Ndipyola Banda V Attorney General 2022/Ccz/0010, O'Brien Kaaba

SAIPAR Case Review

The judiciary performs a key role in implementing the constitution and safeguarding constitutional order. Democracy cannot thrive when the judiciary is pliant. An independent judiciary is fundamental to constitutional democracy. Not only should judges be appointed in a transparent and credible manner, but their removal should insulate the judiciary from potential reprisals. Certainly, incompetent, and professionally unfit judges should have no place in the judiciary and judges who grossly misconduct themselves should be held accountable and in extreme cases, must be removed from office. However, how judges are removed has an impact on the autonomy of the judiciary. If the …

Sangwa V Attorney General And Law Association Of Zambia (2021 /Ccz/0012) [2023] Zmcc 6 (31 July 2023), Hope Sthembile Homela, Robert Farbman, J. P. Swenson

SAIPAR Case Review

This case underscores the critical need for the judiciary to assert its financial independence, ensuring that its budget and resources are not subject to undue influence or control by the executive. In this landmark ruling, the Constitutional Court missed an important opportunity to set a stronger precedent for the autonomy of the judiciary by not fully addressing the constitutional violations at hand relating to the financial independence of the judiciary. The Court’s decision, while acknowledging the issue of financial independence, failed to provide a decisive remedy to protect the judiciary from the continuing risk of executive interference. Recognizing the necessity …

Julius Sibanda V Flat Mooyo (2019/Hp/A026) [2024] (30 April 2024), Mwami Kabwabwa

SAIPAR Case Review

This case calls upon the judiciary to move beyond a rigid application of customary law and thoughtfully consider the gender implications in matters of child custody and marital dissolution. In this pivotal judgment, the High Court had an opportunity to address the application of Ndebele customary law, particularly the custom that grants fathers sole custody of children after lobola is paid. However, the court missed a crucial chance to engage deeply with the evolving nature of customary law, which should be interpreted in a manner that upholds gender equality and constitutional rights.

Beyond Blood: Informal Adoption And Family Dynamics In Yaoundé, Cameroon. Examining The Social, Traditional, And Family Values Associated With Informal Adoption, Elizabeth Greenberg

Independent Study Project (ISP) Collection

Although formal adoption exists in Cameroon, it is governed by colonial systems that directly contrast with the values and traditions of the citizens the laws are meant to protect. For this reason, informal adoption is the most prominent method of child circulation. This informal movement of children occurs for various reasons, many of which reflect the sociocultural context in which the children live. The intention of this study was to determine how adoption processes demonstrate Cameroonian notions of family, how individuals perceive the concept of family, and how informal adoption impacts family dynamics. Informal observations and interviews informed the conclusion …

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 …

Editorial Note, O'Brien Kaaba, Madrine Mukabili

SAIPAR Case Review

No abstract provided.

Vol. 6, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Board

SAIPAR Case Review

No abstract provided.

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, …

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, …