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Vol. 8, No. 2 Cover

Southern African Journal of Policy and Development

No abstract provided.

Vol. 8, No. 2 Table Of Contents

Southern African Journal of Policy and Development

No abstract provided.

Beyond The Aid Paradigm: Neocolonialism, Recolonisation And The Future For Africa’S Development, John Ringson, Manamela Johannes David Matshabaphala

Southern African Journal of Policy and Development

The persistence of poverty, inequality, and underdevelopment in Africa, despite decades of foreign aid and assistance, has raised fundamental questions about the efficacy and sustainability of the aid paradigm. This qualitative desktop research study, employing discourse analysis, critically examines the complex relationships between aid, neocolonialism, and recolonisation in Africa, exploring the implications for the continent's future development. Drawing on a critical discourse analysis of existing literature, policy documents, and online archives, this study reveals how the aid paradigm has perpetuated neocolonialism and recolonisation in Africa, undermining the continent's sovereignty, agency, and self-determination. The study illuminates the power dynamics and relationships …

How Is South Africa's Black Economic Empowerment Policy (Bee) Addressing Historical Inequalities And Promoting Inclusive Development As Of 2024?, Nasim Uz Zaman

Southern African Journal of Policy and Development

South Africa’s Black Economic Empowerment (BEE) policy was introduced to dismantle apartheid-era economic disparities; however, its corporate-driven model has fostered symbolic compliance rather than substantive transformation. This study critically examines BEE’s structural limitations, specifically its failure to generate mass employment, its susceptibility to elite capture, and the prevalence of "fronting" practices. By juxtaposing BEE with affirmative action frameworks in Malaysia, India, and the United States, this research elucidates why ownership redistribution alone has failed to translate into inclusive economic mobility. Employing a qualitative policy analysis, this study synthesizes unemployment trajectories, implementation distortions, and systemic governance inefficiencies to highlight the constraints …

Volume 8, Issue 2 Title Page

SAIPAR Case Review

No abstract provided.

Volume 8, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Board

SAIPAR Case Review

No abstract provided.

Rights Vs Rules: A Commentary On Nathan Mubanga (Suing As The Father And Next Friend Of A Minor Cm) And Anor V Attorney General (2023/Hp/0403) Zmhc3 (19 February 2025), Chanda Mwape

SAIPAR Case Review

The High Court of Zambia upheld a school's refusal to admit a Rastafari child with dreadlocks. The author argues that the Court erred by failing to consider regional jurisprudence, international human rights trends, and the historical context of discrimination against natural African hair. The piece contends that requiring Rastafari children to cut their dreadlocks to access public education effectively denies them their rights to education, freedom of religion, and protection from discrimination.

Brenda Mpashi V Attorney General And Anor (2024/Ccz/005) [2025] Zmcc 4 (20 February 2025): The Constitutionality Of Ouster Clauses In A Democratic And Constitutional Dispensation, Mwami Kabwabwa, Madrine Mukabili

SAIPAR Case Review

Transformative constitutionalism requires Courts to adjudicate in a manner that advances substantive justice, protects rights, and ensures that all exercises of public power are justified in constitutional terms. In Brenda Mpashi, the Constitutional Court adopted a formalistic interpretive approach that prioritised administrative finality over constitutional accountability. By accepting Regulation 10A as an effective ouster clause, the Court insulated presidential action from judicial scrutiny and weakened the culture of justification, which is a fundamental principle in a constitutional democracy.

A more transformative approach would have scrutinised the constitutionality of the ouster clause, assessed its compatibility with Article 18(9) and the principle …

Digital Currency In Legal Limbo, From Uncertainty To Precedent In Tanzania: Yellow Card (T) Ltd Vs. Nyamwero Michael Nyamwero (Hc: Commercial Case No. 12171 Of 2024), Jackson Simango Magoge

SAIPAR Case Review

The abstract below was generated using artificial intelligence. It has not been endorsed by the author.

This article analyzes Yellow Card (T) Ltd v. Nyamwero Michael Nyamwero (HC Commercial Case No. 12171 of 2024), a landmark Tanzanian case addressing the legal status of cryptocurrency transactions in a jurisdiction lacking a formal regulatory framework. The dispute arose from the alleged misappropriation of funds by a former company director and his subsequent breach of a settlement agreement requiring repayment. The court held in favor of the plaintiff, concluding that although cryptocurrency activities remain unregulated in Tanzania, they are not inherently illegal. Accordingly, …

Editorial Note, O'Brien Kaaba, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.

Volume 8, Issue 1 Title Page

SAIPAR Case Review

No abstract provided.

Editorial Board

SAIPAR Case Review

No abstract provided.

Conservation Advocates Zambia Limited V The Attorney General (2023/Ccz/0018) [2024] Zmcc 6, Emmanuel N. Nyambe

SAIPAR Case Review

The author explores Conservation Advocates Zambia Limited v The Attorney General, contrasting the majority’s application of the constitutional avoidance doctrine with a forceful dissent. The majority declined to hear an environmental petition, classifying the grievances as statutory rather than constitutional. The author aligns with the dissent, arguing that such reasoning sidesteps the judiciary’s constitutional mandate to protect and promote environmental rights. The case presents a fundamental choice for the Court: whether to treat the Constitution as a source of aspirational guidance or as a directly enforceable instrument of environmental accountability and public participation.

Isaac Mwanza And Zambia Civil Liberties Union (Zclu) V The Attorney General 2024/Ccz/008, Emmanuel Banda

SAIPAR Case Review

This contribution considers Isaac Mwanza and Zambia Civil Liberties Union (ZCLU) v Attorney General, a case challenging the constitutionality of longstanding penal provisions criminalising same-sex relations. The author takes issue with the Constitutional Court’s refusal to entertain the matter on jurisdictional grounds, arguing that it misconstrued the relationship between Articles 28 and 128 of the Constitution. By deferring entirely to the High Court on Bill of Rights issues, the author contends, the Constitutional Court has left a significant gap: legislation that may violate fundamental rights now lacks a clear constitutional forum for challenge. The piece underscores a persistent ambiguity in …

Volume 8, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Note, O'Brien Kaaba, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.

Coercing Virtue Or Superintending Constitutional Order? A Comment On Munir Zulu And Celestine Mukandila V Attorney General, O'Brien Kaaba, Emmanuel N. Nyambe

SAIPAR Case Review

In Munir Zulu and Celestine Mukandila v Attorney General, the Constitutional Court of Zambia intervened for the first time in a constitutional amendment process before a bill was tabled, asserting its authority to oversee executive conduct in line with constitutional principles. While the author commends the Court’s departure from a historically passive judiciary, a pointed critique is offered of the judgment’s conceptual shortcomings. The analysis highlights the Court’s conflation of constituent and constituted power, its reliance on an inaccurate historical account of past amendments, and the jurisdictional inconsistency it created with the earlier Bill 10 ruling, all of which weaken …

The Attorney General V Rajan Mahthani (Appeal No. 4 Of 2020) [2025] Zmsc (24 July 2025): Judicial Recusal And Why It Is Important To Strike A Balance, Mwami Kabwabwa

SAIPAR Case Review

This contribution examines The Attorney General v Rajan Mahthani, a Supreme Court ruling on judicial recusal. The author critically assesses the Court’s insistence on proving actual, extrajudicial bias as a prerequisite for recusal. Though the importance of shielding the judiciary from frivolous motions is acknowledged, the piece warns that the Court’s rigid stance, paired with its admonishing tone, may undermine the right to a fair hearing guaranteed under Article 18 of the Constitution. Drawing on South African and Kenyan jurisprudence, the author proposes adopting a “reasonable apprehension of bias” standard that respects judicial independence while safeguarding public confidence in the …

Vol. 8, No. 1 Cover

Southern African Journal of Policy and Development

No abstract provided.

Vol. 8, No. 1 Table Of Contents

Southern African Journal of Policy and Development

No abstract provided.

Implementation Of Performance-Based Budgeting For Public Health Care Service Delivery In An Emerging Economy, Isaac O. Randa, Christine A. Adere

Southern African Journal of Policy and Development

This study investigates the determinants and implications of the implementation of performance-based budgeting (PBB) on public health care service delivery at the Ministry of Health and Social Services (MoHSS) in Windhoek, Namibia. Using a cross-sectional survey research design targeting 100 respondents, this study employed a quantitative research approach involving MoHSS's budgeting and health care services departments. Data were analysed using partial least squares structural equation modelling. Communication, bureaucratic structures, and implementers’ disposition significantly influenced PBB implementation alignment, thereby enhancing service delivery. However, resource utilisation showed no significant effect. Additionally, implementation alignment effectively mediated the relationship between latent exogenous variables and …

Contested Class Hegemonies And The Limits Of Ethnic Politics In Zambia: The Case Of The 2021 Elections, Jotham C. Momba

Southern African Journal of Policy and Development

Ethnic politics in Zambia is a function of the extent to which the petty bourgeoisie, who thrive largely on the ideology of tribalism, exercise strong hegemony over the other social classes in their respective ethnic groups. However, when other social classes challenge that hegemony, evidence from the Zambian experience shows that the pertinence of ethnicity as a political force is significantly reduced. The members of the petty bourgeoisie in Zambia have exercised hegemony over other social classes in the country’s post-colonial period after they successfully led the struggle for political independence. The petty bourgeoisie are, however, factionalised along ethnic lines, …

Assessing Awareness And Trade Facilitation Under The Afcfta: A Focus On Small-Scale Cross-Border Traders In The Southern African Development Community, Faith Mbakhwa

Southern African Journal of Policy and Development

The African Continental Free Trade Area (AfCFTA) and the Southern African Development Community (SADC) Protocol on Trade present significant opportunities for trade facilitation reforms, particularly for small-scale crossborder traders (SSCBTs). However, the success of these initiatives hinges on the awareness and participation of these key stakeholders. This study investigates the awareness levels of SSCBTs regarding the AfCFTA, and analyses their understanding of trade facilitation reforms and their perceptions of the benefits and challenges of these reforms. Drawing on border reviews across 12 SADC commercial border posts and on interviews with traders and customs officials, the study identities significant gaps in …

Volume 10, Number 1 Front Matter

Zambia Social Science Journal

No abstract provided.

The Cashew Nut Industry In Mongu District: Origins, Development, And Impact, 1972–2011, Namushi Situtu

Zambia Social Science Journal

This article explores the contribution of the cashew nut industry to the economic development of Mongu district. The industry was introduced in Mongu district after the Zambian government embarked on the creation of agricultural schemes to reduce the economic imbalance, inherited from the colonial government, between urban and rural areas. The new United National Independence Party government, which came to power in 1964, wanted to develop rural areas through an improved peasantry class. This led to the establishment of agricultural schemes in various rural parts of the country. Due to the sandy terrain of Mongu district, the cashew nut industry …

“Blood And Fire” In Chikankata: An Idiosyncratic Approach To Religious Conversion By The Salvation Army In Colonial Zambia, 1945–1964, Apex Mwanza

Zambia Social Science Journal

This article examines distinctive strategies used by the Salvation Army to convert Africans to Christianity in the Chikankata district of Zambia. Using data from both primary and secondary sources, the article argues that the Salvation Army largely relied on African agents and the use of open-air meetings, march pasts, uniform wearing, and brass bands as methods of evangelism. This stands in contrast to academic lenses that have viewed and endorsed missionary education and healthcare provision as principal methods of evangelism in colonial central Africa.

Lusaka's Colonial Legacy: Town Planning, Public Health, And The Making Of A Segregated City, 1913–1963. A Study Of Power, Inequality, And Urban Development, Wamburakwao J. Sapao

Zambia Social Science Journal

This paper explores the intersection of town planning and public health policy in Lusaka, Northern Rhodesia (now Zambia), during the colonial period (1913–1963), which was a time of significant urban growth and transformation. British colonial authorities adapted Ebenezer Howard's Garden City principles to design and manage Lusaka, but these measures perpetuated spatial control, segregation, and social engineering, thus exacerbating racial and socio-economic disparities. By analysing secondary and primary sources, including planning ordinances, zoning regulations, and public health policies, this study reveals how these measures shaped the city's development and reinforced inequalities. Despite colonial intentions for a white settler-city, Lusaka evolved …

Understanding Project Mentality As A Threat To The Sustainability Of Donor-Supported Interventions: Insights From A Zambian Reading Intervention, Charity Meki-Kombe

Zambia Social Science Journal

This article provides valuable insights into project mentality (PM) as a threat to the sustainability of donor-supported interventions. The article examines factors triggering PM through a case study of a donor-supported reading intervention in Zambia and proposes ways to minimise the impact of PM. The study adopted a qualitative-interpretivist-case study approach, including interviews with 35 key stakeholders (eight head teachers, fifteen teachers, six representatives from donor agencies, and six Ministry of Education officials) and data collection through document analysis and classroom observations. Different attitudes and behaviour, such as stereotyping, alienation, and lack of confidence, ownership, commitment, and interest in donor-driven …

Garfield Todd: The End Of The Liberal Dream In Rhodesia, By Susan Woodhouse (Harare: Weaver Press, 2018), Bizeck Jube Phiri

Zambia Social Science Journal

Susan Woodhouse spent 25 years writing this biographic book about Garfield Todd. Todd was the prime minister of Southern Rhodesia for five years from 1953 to 1958. The book is derived from the author’s memory of working for Todd for two years while he was in office. More importantly, the author gathered data for the book from archival research in Zimbabwe over a period of seven years.