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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.

Volume 9, Number 2 Front Matter

Zambia Social Science Journal

No abstract provided.

Nationalism And The Federal State’S Agricultural Policies; The Politics Of Cassava In Zambia, 1953-1963, Kaluba Jickson Chama

Zambia Social Science Journal

During the Federal era, cassava played an important role in political mobilisation in Luapula Province. Nonetheless, the crop has seldom received attention in the otherwise rich historiography on African nationalism and anti-Federation struggle in present-day Zambia. Drawing on archival sources and oral history, and a reading of secondary sources, this article attempts to contribute to the historiography of cassava in Zambia and its contribution to the nationalist cause. The article examines the position of cassava in political mobilisation by nationalist politicians. It explores the link between the politics of cassava and those of nationalism. This article’s key argument is that …

The Role Of Kenneth Kaunda’S Humanism In Fostering Higher Education For Social Responsibility In Post-Colonial Zambia (1964-1991), Edward Mboyonga

Zambia Social Science Journal

Kenneth Kaunda, Zambia’s first president from 1964 to 1991, advanced a Pan-African social-political ideology of humanism as a moral code to guide all human activities in the nation’s political, economic, and social spheres. Within education, humanism envisaged producing socially responsible and public good-oriented graduates equipped with humane values and capable of driving the national development agenda. This paper critically examines the nexus between Kaunda’s humanism and education by focussing on its role in fostering higher education for social responsibility in post-colonial Zambia. In addressing this, it focusses on the University of Zambia as a case study by drawing on secondary …

A Zambian Requiem: Kenneth Kaunda In Collective Memory, Meldad L. Chama, Beatrice Kapanda Simataa

Zambia Social Science Journal

Memorialisation can hide the “true past.” Most of the past that is memorialised has political and sentimental significance. This paper attempts to reconstruct Kenneth Kaunda’s historical significance from remembrances about KK. We conceptualise the memorialisation and commemoration of KK using a Zambian mourning process and highlight how remembrances about KK produce a hagiographic narrative. The paper demonstrates that KK’s role in creating a Zambian collective memory based on his Humanism created a knowledge vacuum in Zambian historical memory. Furthermore, the monumentalising of KK seems to encourage forgetfulness but mausoleums also serve a mnemonic function to Zambian collective memory and history. …

A Close Look At Kenneth Kaunda’S Life: Interviews With Those Who Knew Him Personally, Victoria Phiri Chitungu

Zambia Social Science Journal

Victoria Phiri Chitungu and her team conducted a remarkable series of interviews with people personally close to Kenneth Kaunda, along with Kaunda himself, and together these offer a different, more personal perspective on Kaunda’s life. The articles in this special issue primarily focus on Kaunda as a public and political figure and Kaunda as a real-life human being can sometimes disappear in this perspective. He was a symbol for many people, alternately revered and reviled. Chitungu’s interviews are different. Here, we glimpse into Kaunda’s personal life: the food he ate, the songs he sang, how he slept, and his family …

The Late President Dr. Kenneth Kaunda’S Influence On Wildlife Conservation And Tourism In South Luangwa National Park Of Zambia, Chikondi Banda-Thole, Thomas Kweku Taylor, Thor Larsen

Zambia Social Science Journal

Wildlife in Zambia’s Luangwa Valley has fascinated tourists from the pre-colonial era to date. Writings on the prolific beauty of the region describe the abundance of species and beautiful scenery of the valley. The late President Dr. Kenneth Kaunda declared South Luangwa a National Park in 1971. He further facilitated the Luangwa Integrated Rural Development Project (LIRDP) funded by the Norwegian Agency for Development Cooperation (NORAD) to support the management of the Park and engage local communities in conservation efforts and livelihood development. The South Luangwa National Park and adjacent Game Management Areas were Dr. Kaunda’s preferred destination for work …

“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. 7, No.2 Cover

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: …

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.

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 …

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.

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.