African Studies Commons^™

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 …

Understanding The Zonal Variability In Cmip6 Projections Of Sahelian Precipitation, Emmanuel Ogwuche Audu

Department of Earth and Atmospheric Sciences: Dissertations, Theses, and Student Research

The uncertainty in model projections of future precipitation across the Sahel has persisted across many generations of Earth System Models (ESMs), with some models predicting drying and others moistening across this region. These discrepancies in future projections pose a challenge for stakeholders and decision makers. Many projections of Sahel precipitation found in the ESMs participating in the sixth phase of Coupled Model Intercomparison Project (CMIP6) show a zonal dipole in precipitation trend, with moistening across the Central and Eastern Sahel and drying projected for the Western Sahel. Previous studies have connected precipitation variability across the Sahel to changes in various …

"As Long As You're South Of The Canadian Border—You're South!": The Rise Of Black Power In North Omaha, Nebraska, William Odell Burney

Theses (2016-Present)

The objective of this master’s thesis is to configure a socio-historic narrative in such a way that it clearly illustrates how and why much of North Omaha’s Black American collective transitioned from a mundane migratory movement to that of the Black Panther Party. To wholly comprehend the essence and relevance of Black Power one must understand its lesser-known evolution in locales such as Omaha, Nebraska, in the Midwest. Hopefully, this research will enhance a pre-existing trove that other historians may pull from to consider similarities and juxtapositions of causal dynamics that underpinned Black Power in different regions of the United …

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.

Dismantling The Stigma Of "Strong Black Girl" & "Strong Black Boy:" Cultural And Gender Differences In Trauma And Suicidality Among Black Adolescents, Tiffany Mosier-Hunter

UNLV Theses, Dissertations, Professional Papers, and Capstones

Trauma exposure has been linked to a plethora of negative outcomes, including suicidality. Despite the abundance of research on the effects of trauma, little is known about its relationship with suicidality among adolescents. Moreover, even less research examines cultural and gender specific risk factors among Black adolescents. This study was founded on the cultural model of suicide, and the gendering of suicide theory, suggesting that suicidality in minority populations is influenced by cultural experiences (i.e., traumas) and perceptions of suicide, as well as gender differences that dictate where Black adolescents fall on the suicide spectrum. Using archival data (e.g., YRBSS) …

Community Conservation In Madagascar: Aligning Local Livelihoods And Biodiversity Protection, Jane Slentz-Kesler

Geography Honors Projects

The management of natural resources in developing countries is of utmost importance as both high levels of biodiversity and local livelihoods often hang in the balance. The debate in conservation spheres often centers on 'fortress' versus 'community-based' conservation approaches, one emphasizing nature preservation and the other emphasizing the needs and empowerment of local communities in resource management. This study evaluates the management approach of a rainforest in northeast Madagascar, asking: how effectively does the COMATSA Sud protected area management system both preserve critical forest cover and provide for the local community? This research employs a mixed-methods approach, using interviews and …

Financial Exclusion, Gender, And The Lure Of Boko Haram (Chapter From Gender-Responsive Budgeting In Africa: Access And Future Measures), Vesna Markovic, Sven Botha

Justice, Law, and Public Safety Studies Department Faculty Books/Book Chapters

There is a large disparity in financial inclusiveness for those people living in northern Nigeria in contrast to those living in southern Nigeria. According to a 2019 report by the Central Bank of Nigeria and Enhancing Financial Innovation and Access (EFInA), Nigeria has more people living in extreme poverty than any other country in the world. Access to education and lower levels of income all contribute to the lack of financial inclusion for both men and women in the North, but particularly for women. These gender barriers have acted as an enabler for the recruitment of women into the Boko …

The Lived Experiences Of African Immigrants Accessing Healthcare In The United States, Rachel Yendaogo Kamasse

Walden Dissertations and Doctoral Studies

Ethnic and racial disparities in accessing primary healthcare persist for African immigrants in the United States, placing them at a greater risk for adverse health outcomes. This social problem has become more significant since African-born individuals are the fastest-growing immigrant population in America, and many of them experience health threats before their arrival in the United States. The purpose of this qualitative phenomenological study was to explore how African immigrants describe their lived experiences with accessing primary healthcare in the United States. The study was guided by ecological systems theory. Data were collected using in-depth, semistructured interviews lasting approximately 60-90 …

Terrorism In Africa: An Analysis Of The Efficacy Of U.S. Counterterrorism, Max Yong

Global Tides

This paper seeks to identify whether United States aid to Africa has impacted violent terrorist activity on the continent. The existing literature has produced a range of critiques. Many have voiced concern about foreign terrorist organizations (FTO) growing and blame ineffective efforts by the U.S. for this reality. Instances of African nations, in the face of persisting security challenges from FTOs, turning to political adversaries of the U.S. for assistance is evidence of this sentiment. Furthermore, terror attacks since the onset of the U.S. Global War on Terror (GWOT) have only remained higher than in the previous era. Others have …

The Impact Of Neurological Diseases In Kisumu, Kenya: Case Studies At Jootrh And Kcrh, Jack F. Dunham

Independent Study Project (ISP) Collection

Introduction: The burden that neurological diseases put on health systems is high, and growing across the globe, especially in Low- and Middle-Income Countries (LMICs) like Kenya. For this reason, our study sought out to study the burden and impact of neurological diseases at Jaramogi Oginga Odinga Teaching and Referral Hospital (JOOTRH) and Kisumu County Referral Hospital (KCRH), which are in Western Kenya.

Methods: Utilizing data from handwritten patient records spanning 23 months, our study collected said data and analyzed the prevalence, incidence, distribution, and outcomes of different neurological diseases as they impact the Kisumu community.

Results/Discussion: Comparing …

“Njangi Never Dies”: The Social Impacts And Non-Financial Benefits Of Njangis In Batoufam And Yaoundé, Cameroon, Georgia Schaefer-Brown

Independent Study Project (ISP) Collection

Rotating Credits and Savings Associations (ROSCAs) are present in much of the developing world and are incredibly common in Cameroon. The financial impacts of ROSCAs have been researched extensively, but there has been less research on the social impacts and non-financial benefits. This research aims to fill this gap and add to the discussion of ROSCAs in Cameroon (called njangis), as well as demonstrate how njangis are social institutions. This project is in the specific context of njangis in Batoufam and Yaoundé, Cameroon. Interviews and observations informed the conclusion that there are extensive social impacts and non-financial benefits within the …