African Studies Commons^™

Moving Unit Video Television (T/A Muvi Tv Limited) V. Francis Mwiinga Maingaila Scz Selected Judgment No. 18 Of 2019, Chanda Chungu

SAIPAR Case Review

This case dealt with an employee of Muvi TV Limited who was accused of defiling an under-age girl whom he had had offered accommodation to. He was videoed being arrested by a police officer and the news read as follows “Journalist defiled a 13-year old girl”. This news story was repeated on several subsequent news broadcasts by Muvi TV.

This story was published before any conviction was made in criminal proceedings. A medical report revealed that the girl had not been defiled and this was available before the story was released. However, despite the medical report being available, before the …

Mumba Malila, An Advocate For The Vulnerable Worker: Tiger Chicks (T/A Progressive Poultry Limited) V. Tembo Chrisford And Others Scz Appeal No. 06/2020 And Kasembo Transport Limited V. Collins John Kinnear Scz Appeal No. 89/2010, Chanda Chungu

SAIPAR Case Review

Basic conditions of employment refer to minimum conditions of employment that an employer must provide for employees. The law in Zambia has set minimum standards and basic conditions of employment for workers in the Employment Code Act. In addition to the Employment Code Act, specific groups of vulnerable workers have Ministerial Orders in the form of statutory instruments that provide specific basic conditions of employment. These statutory instruments, namely the General Order, Shop Workers Order, Domestic Workers Order and Truck and Bus Drivers Orders provide for the minimum wage and basic conditions of employment for specified, vulnerable workers and together …

Amjambo Africa! (April 2022), Kathreen Harrison

Amjambo Africa!

In this Issue

Community updates .............2/3

Remembrance ....................... 4/5

Novruz celebration ...................7

Financial Literacy/Professional Development

Français ...................... 8/9

Iswahili ..........................9

Somali ......................9/10

Ikinyarwanda ........10/11

Português ...............11/12

Espanõl ...................12/13

English .........................33

Candidate Mana Abdi ........... 14

Legislative update ...................15

Skin bleaching ........................16

Paul Farmer .............................17

Jacob Lawrence at Colby .......18

Checking in with businesses .20

French renaissance .................21

Tips & Info

Covid 2 ................................2

Driving ........................30/31

Work permits ...................35

Health&Wellness ...............24-30

In 7 languages

Columns ............................32-37

New Voices columns ........34/35

Gashi/Roseline Souebele

Poems by Maya Williams

Frida Kabaso (Sued As Country Director Of Voluntary Services Overseas Zambia) V. Davies Tembo Scz Appeal No. 04/2012, Chanda Chungu

SAIPAR Case Review

This action concerned an appeal from the Industrial Relations Court where an employee was employed on a permanent contract by Voluntary Services Overseas Zambia as an Administrative Officer on 11th July 1996. He was later promoted to the position of Officer Manager.

In 2001/2002, the employer changed its employment policy from employing staff on permanent terms to employing them on fixed-term contract. By 2008, the employer begun restructuring and informed employees. The employee’s position of Officer Manager was phased out and removed from the employer’s organisational structure, with two positions created, including that of Finance Manager. The employee claimed a …

Madison Investment, Property And Advisory Company Limited V Peter Kanyinji [2018] Zmsc 348 (Scz Selected Judgement No. 48 Of 2018), Ntemena Mwanamwambwa

SAIPAR Case Review

The case at hand brings to the fore, a number of important matters relating to the treatment of a company which has a controlling shareholding in another while at the same time belonging to the same group of companies as the latter.

The case is particularly important to the jurisprudence of Zambian Company law as it endorses the sacredness of the veil over group structures in maintaining investor confidence and preventing the economic liabilities that would unsuspectingly befall local as well as multinational companies operating within a group structure.

Madison Investment, Property And Advisory Company Limited V. Peter Kanyinji Scz Selected Judgment No. 48 Of 2018, Chanda Chungu

SAIPAR Case Review

The Managing Director of Perfect Milling Company was entitled to 25% gratuity of his basic salary at the end of his term as Managing director. However, when he launched a claim against Perfect Milling Company, the company was in bankruptcy and unable to pay. He then sued Madison Investment, claiming that they operated as a single economic unit under the Madison Group of Companies.

The High Court in a judgment delivered by Banda-Bobo J (as she was then) held that notwithstanding the principle that companies have a separate legal identity, the court is empowered to pierce it in certain circumstances …

Gen-Z, Gender, & Governmental Grievances: A Post-Transition Political Philosophy For The Newest Generation Of Women In A ‘Failed’ State., Olivia Harvey

Independent Study Project (ISP) Collection

Over a decade since the Jasmine Revolution in Tunisia, a new generation has come into adulthood, grappling with anxieties about their future in the midst of continuous national instability. This paper aims to bridge their sentiments of disillusionment and disengagement towards politics together with general conceptions of life by ‘Generation-Z’ women (between the ages of 18 and 30). The findings follow conceptions of history, freedoms, rights and personal life, particularly as they are affected by gender in Tunisian society. Specifically, this study is interested in how these aspects have changed from before to after the political changes of the past …

A Displaced People: Documenting The History And Displacement Of The Batwa Tribe In Bundibugyo District, Uganda., Marcos S. Turk

Independent Study Project (ISP) Collection

The Batwa in Bundibugyo are an indigenous minority group that originated in the forest of the Democratic Republic of Congo. Since then, various displacement factors have taken effect that have forced them out of the forest. Currently they live in Bundibugyo District, Uganda. This study aimed at identifying those displacement factors while also investigating Batwa history and culture as they are a relatively undocumented group. The Batwa have various traditions they established while in the forest, such as unique methods for hunting forest animals. Because Uganda forced them out of the forest, many of their cultural practices no longer occur. …

Perceptions Of The Efficacy And Trustworthiness Of Faith-Based Organizations And Secular Ngos In Mgwashi, Bumbuli District, Tanzania, Naomi Tomlin

Independent Study Project (ISP) Collection

This study investigated perceptions of faith-based organizations (FBOs) compared to secular non-governmental organizations (NGOs) in Mgwashi, Bumbuli District, Tanzania. Perceptions were sorted into two categories: efficacy of services and trustworthiness. This study also examined gender and religion to determine potential influences on perceptions of trustworthiness and efficacy.

This study conducted 72 interviews of Mgwashi residents (18 Muslim men, 18 Muslim women, 18 Christian men, and 18 Christian women). Participants were asked for their opinions on the trustworthiness and efficacy of secular NGOs and FBOs with which they had experience. Then, those who had experience with both types (n=41) were asked …

Worrying In Cato Manor: A Case Study Analysis On The Influence Of Context, Samantha Garbus

Independent Study Project (ISP) Collection

Social Causation theory states that social and economic circumstances cause people to be at a higher risk of mental illness (Lund 2011, p.1). South Africa has high inequality, with racial disparities prevalent in multiple indicators of socioeconomic status. Moreover, mental health in South Africa has often not been prioritized. This project aimed to assess how context impacts relevant aspects of mental health, such as worrying and the mind/body stress-response in Cato Manor. An additional theme of community beliefs on stress emerged from the interviews which is also presented.

For this project, I used a Mixed Methods-Case Study research design. I …

Investigating White Hegemonic Masculinity Among Sadf Veterans In Durban, James Marculitis

Independent Study Project (ISP) Collection

In order to enforce apartheid at every level of South African society, the national party government required their white male security forces to share a uniform identity and ideology. This ideology relied on a hegemonic masculinity that would be willing to aggressively protect racism, patriarchy, and cultural conservatism. A whole generation of white men are now reckoning with living in an entirely new country, one where their white masculine identities are not able to be practiced in the same way as they were under an oppressive racist regime. This study will build on existing literature of masculinity in South Africa …

Healing From Genocidal Rape: An Exploration Of The Trauma Healing Process Among Sevota Members, Delaney Bluhm

Independent Study Project (ISP) Collection

Through a case study of SEVOTA, this paper examines trauma-healing practices among genocidal rape victims. Its primary research objectives are to identify the resources available to victims immediately post-genocide through the present, critically examine how these resources have helped victims heal, and observe any existing or impending challenges to healing from rape-related trauma in Rwanda. It concludes that building a community and providing resources to help with certain situations (such as funding for medical treatments or children’s school fees) are effective methods of trauma-healing among genocidal rape victims in Rwanda.

Aid For Ed: An Analysis Of Rwanda’S 12-Year Basic Education System And Its Relationship With Government-Channeled Aid, Gabriel K. Anzeze

Independent Study Project (ISP) Collection

The field of foreign aid has been widely explored, particularly as relates to economic development of developing states. This paper however delves into the specific utilization of foreign aid within the education sector in Rwanda and the effects it bears not just on the recipient state in general, but also on its financial practices with regard to aid. By exploring trends in financial expenditure by aid agencies and government, it appears that foreign aid does not necessarily influence government budget allocations and this absence of ‘crowding-out’ gives Rwanda an upper hand in managing foreign aid. Education also appears to be …

The Battle For The Sea: Tourism Development And Public Ocean Access In Jambiani, Zanzibar, Sophie Beauchesne

Independent Study Project (ISP) Collection

The battle for coastal access is a prevalent and controversial issue in both the Global North and the Global South (Mongeau, 2001; Ojo, 2013). Due to investment in coastal land, vulnerable communities around the world are losing their access to the sea (Ojo, 2013; Bennett, Govan & Satterfield, 2015). Battles for ocean access in the Global North tend to focus on recreational activities, but what is to be said about ocean access in the Global South, where access to the sea is needed for the survival of entire communities? (Mongeau, 2001;). Using geographical mapping, environmental condition assessments and open-ended interviews …

Assessing The Threat Of Coral Decline On Fish Diversity In Response To Temperature, Ryland Talmadge

Independent Study Project (ISP) Collection

Misali, a PECCA-protected island off the east coast of Pemba, Tanzania, is considered to be a marine biodiversity hotspot with a protected Non-Extractive Zone (NEZ) and remaining Extractive Zone (EZ). Upon protection, the island’s fringe reefs faced severe coral bleaching during the 1998 bleaching event, estimated to kill up to 70% of corals. Since the event, several others have occurred in addition to restructuring the management plan in 2006 to expand the region to 1000km. While the damage from the most recent coral bleaching event in 2020 has yet to be surveyed, this study investigates the current reef health in …

Can Joy Be Racialized? Analyzing How Ghanaians Conceptualize Joy, Zakiyyah (Zaza) Jones

Independent Study Project (ISP) Collection

The racialization of joy is one’s own experience of joy being tied to their racial, and ethnic identity. Inspired by the concept of Black joy, which is an example of the racialization of joy, this paper aims to understand how Ghanaian university students conceptualize joy and whether they would consider their experience of joy to be influenced by their racial/ethnic identity. 18 semi-structured interviews were conducted at Kwame Nkrumah University of Science and Technology (KNUST) and the University of Health and Allied Sciences (UHAS). In addition, photography was used as a methodology to capture images of Black people experiencing joy …

Factors Driving Changing Community Acceptance Of Gays And Lesbians In Cato Manor, Kwazulu-Natal, Isabella Van Der Weide

Independent Study Project (ISP) Collection

Acceptance of LGBTQ people is an important and encouraging area of social progress. As attitudes change in South Africa and across the world, it is important to understand the drivers of change and how that change is experienced within communities. Using both semi-structured interviews (n=19) and collection of survey data (n=30), this study interrogated the factors that formed and changed views on gay and lesbian people among respondents from a community in Cato Manor, a peri-urban area near Durban, South Africa. About half of all participants reported an opinion change. Interview participants who experienced opinion change most commonly reported the …

Zambia Breweries Plc V. Betternow Family Limited Selected Judgment No. 48 Of 2016, Chanda Chungu

SAIPAR Case Review

This matter dealt with a distributorship contract between Zambia Breweries and Betternow Family Limited. Betternow paid K100, 000 as a pre-condition to trading Zambia Breweries’ products – but after three (3) months of trading, Zambia Breweries terminated the supply of its products to Betternow Family Limited.

In this case, the contract provided that the contract can be terminated with one month’s notice. The contract was cancelled by Zambia Breweries and Betternow Family Limited sued for breach of contract. The trial court awarded damages equivalent to the unserved or remaining period of the contract.

The Supreme Court held that: Any damages …

Saidi Banda V The People Scz Appeal No. 114 Of 2015), Mwaka Chizinga

SAIPAR Case Review

No abstract provided.

The Correct Procedure For Commencing An Action In The Industrial Relations Division Of The High Court: Edward Chilufya Mwansa And 194 Others V. Konkola Copper Mines Plc Scz Appeal No. 99/2015 And Concrete Pipes V. Kingsley Kaimba And Another Scz Appeal No. 014/2015, Chanda Chungu

SAIPAR Case Review

In Edward Chilufya Mwansa and 194 Others v. Konkola Copper Mines Plc, the Supreme Court dealt with a scenario where several employees had been dismissed and sought to enter an out of court settlement with their employer, through the assistance of the Labour Office. This process lasted over three years

In Concrete Pipes v. Kingsley Kaimba and Another, the Supreme Court dealt with an appeal from a Ruling of the Industrial Relations Court dismissing a preliminary issue in relation to the need to exhaust internal administrative channels before commencing an action before the court.

Chansa Ng’Onga V. Alfred H. Knight (Z) Limited Selected Judgment No. 26 Of 2019, Chanda Chungu

SAIPAR Case Review

An Appellant was employed as the Sectional Leader in the Lubricants Testing Department of the employer’s business. He was subsequently promoted to the rank of Lubricant Testing Manager.

During his employment as Lubricant Training Manager, he was suspended due to being absent from work for five days without his supervisor’s permission. Under the employer’s Disciplinary Rules and Procedures, the penalty for a first offender was a written warning. This notwithstanding, he was dismissed after three weeks, without any formal charges raised against him and his letter of dismissal outlined that he was dismissed for offences for which he was not …

Rabson Sikombe V. Access Bank (Zambia) Limited Scz Appeal No. 240/2013, Chanda Chungu

SAIPAR Case Review

The employee was employed as a Transaction Officer with effect from the 17th of November 2008. He was suspended from duty on the 15th of May, 2009 following an investigation into the sum of K804 million, unauthorized overdraft on an account held in the respondent's Bank by a company called ZCON,it being alleged that the appellant failed to manage the credit portfolio by not constantly reviewing the overdrawn account, leading to the customer's overdrawn position exceeding the approved limit of K350 million.

It was further alleged that the employee had provided false information that the client had an approved facility …

Chief Justice Mumba Malila And The Challenges Ahead: An Editorial, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

Vol. 5, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

Chrismar Hotel Ltd V Stanbic Bank Zambia Ltd Scz Selected Judgment No 6 Of 2017 P. 160, Dunia P. Zongwe

SAIPAR Case Review

In the first semester of 2008, the appellant, Chrismar Hotel Ltd, needed finance to buy some equipment, including earth-moving equipment. It therefore solicited funds from the respondent bank, Stanbic Bank Zambia Ltd, with which it had held several accounts, obtained credit facilities (for example, mortgages and debentures), and established a longstanding relationship. The respondent bank agreed to lend money to the appellant hotel.

Thus, the hotel and the bank (hereinafter ‘the parties’) entered into eight distinct yet identically worded finance leases. For a total sum of 1.7 million US dollars, the eight leases each specified the amount that the respondent …

Pamodzi Hotels Plc V Rosemary Nyangu Appeal No.15 Of 2011 (Zmsc) 2021, Natasha Chibuye, Mwami Kabwabwa

SAIPAR Case Review

No abstract provided.

Finance Bank And Rajan Mahtani V Simataa Simataa Scz Appeal No. 11/2017, Chanda Chungu

SAIPAR Case Review

The employer settled an employment dispute with its former employee out of court. They bound their former employee to a settlement agreement that he would not speak badly of the employer or testify against them in future. He subsequently testified against his former employer and the employer sued for a refund of the settlement amount.

The court was of the view that only nominal damages (equivalent to K500) would be awarded merely to show that there had been a breach of the agreement not to testify. However, the amount was limited to a small sum of nominal damages as loss …

Beacons Of Peace And Tolerance: The Politics Of Memory In Judeo-Moroccan Cultural And Historical Institutions, Audrey Ming An Hirsch

Independent Study Project (ISP) Collection

Bayt Dakira, a historical, religious, cultural, and academic institution located in the heart of Essaouira’s old medina, seeks to conserve Jewish-Moroccan memory and promote values of peace and tolerance as exemplified by the city’s history of Jewish-Muslim coexistence. As an institution dedicated to conserving the culture of a people that have all but virtually emigrated from Morocco, Bayt Dakira’s purpose is initially unclear. This study uncovers the ways in which Bayt Dakira is an example of a seemingly apolitical institution being wielded to advance national and international political agendas. As an officially apolitical place of cultural and academic exchange, Bayt …

The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia

Independent Study Project (ISP) Collection

My paper will explore the conditions of gender minorities in Morocco through representation, NGOs, social structures, and resources therein to support the progress of acquiring more rights for these demographics. With an emphasis on the status of women in Morocco. My main questions as it stands are: What are the living conditions for women in Morocco and how can they be improved? What progress has been and still can be made to improve the quality of life and foster joy for these demographics in Morocco? Since the 1990s, there has been significant progress in Morocco to improve Family Law and …

Analyzing Alternative Spaces: Queer Social Networks And Notions Of Belonging In Morocco, Adam Griffin

Independent Study Project (ISP) Collection

Because of the presence of both legal and cultural discrimination in Morocco, the Moroccan queer community operates largely in secret and is unable to occupy public space. Additionally, the patriarchal structure of Moroccan society creates a culture of toxic masculinity that limits queer expression. This paper examines how queer Moroccans operate in the face of this discrimination. It also explores the extent to which alternative spaces, or spaces that subvert the norms and practices of mainstream society, contribute to the creation of LGBTQ+ social networks. Alternative spaces can be physical spaces—such as bars, cafes, and live music venues—or virtual spaces—such …