African Studies Commons^™

Livingstone Motor Assemblers Limited (In Receivership) V Indeco Estates Development Company And Others (Supreme Court Judgment No. 1 Of 2013), Ntemena Mwanamwambwa

SAIPAR Case Review

The appeal stems from a winding-up petition filed in the High Court by the respondents seeking an order to commence winding-up proceedings as well as the appointment of a liquidator in respect of the appellant, Livingstone Motor Assemblers Limited. The latter was heavily indebted to several creditors, including the respondents and the Zambia National Commercial Bank (ZANACO) which had commenced receivership proceedings and appointed a receiver/manager extra judiciously, prior to the High Court granting the winding-up order. Disgruntled by the grant of the order, the receiver/manager made an application to vary it so that only he would retain possession of …

Standard Chartered Bank Plc V Celine Meena Nair [2019] Zmca 221, Ntemena Mwanamwambwa, Milambo Chibbonta-Pupwe

SAIPAR Case Review

This case is one of a kind and therefore significant for several reasons in the jurisprudence of Zambian Employment Law. The case highlights that the employer-employee relationship is one founded on the implied term of mutual trust and confidence which entails that both parties must accord each other due trust and respect regardless of status.

The decision in this case, sets a clear and stern tone in cases of constructive dismissal bordering on toxicity within the working environment. Thus, employers are put on notice to adhere to their own grievance procedures particularly in cases involving bullying, harassment and victimization such …

Toyota Motors South Africa (Pty) Ltd V Numsa Obo Njini And Others (D 692/19 [2022] Zalcd 12 (14 July 2022), Stephen Nkosi

SAIPAR Case Review

This was an application in terms of s 145 of the Labour Relations Act 66 of 1966. Toyota sought to have the decision of the CCMA, ordering the re-instatement of Mr Lungile Njini - then an employee of Toyota for 17 years – be set aside, and that his dismissal be declared fair. The case represents an interesting interplay between the quest for discipline and productivity in the workplace and the right to exercise one’s constitutional right to culture as provided for in s 30 of the Constitution of the Republic of South Africa Act. This note is divided into …

Charity Oparaocha V Winfrida Murambiwa (2004) Z.R. 141 (S.C.), Milambo Chibbonta-Pupwe

SAIPAR Case Review

No abstract provided.

Ackim Chirwa, Levy Joseph Ngoma And U-Fuel (Z) Limited V. Mini Mart Development Corporation Limited Caz Appeal No. 68/2021, Chanda Chungu

SAIPAR Case Review

No abstract provided.

Prevention Of Child Sexual Abuse In South Africa: Assessing The Role Of Parents, Community Leaders, Educators, And Social Workers, Nosisa Mabetshe, Emeka E. Obioha, Ishmael Mugari, Elphina N. Cishe

Dignity: A Journal of Analysis of Exploitation and Violence

Child sexual abuse is a global problem and is prevalent in South Africa. Child sexual abuse significantly harms the victims. This study looked at child sexual abuse prevention, focusing on the community, school system, and social workers. A mixed methods research method was used. Data were collected from 115 questionnaire respondents, of which 15 in-depth interview participants were selected. The sample was selected using purposive sampling and stratified random sampling techniques. Low reporting of incidents is hindering the effective response to child sexual abuse. The study revealed the significant role parents and community members could play in preventing child sexual …

Vol. 5, Issue 3 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

Bizwayo Newton Nkunika V Lawrence Nyirenda And Electoral Commission Of Zambia 2019/Ccz/005 (1 March 2021), O'Brien Kaaba

SAIPAR Case Review

No abstract provided.

S V Lifumbela And Others 2022 (1) Nr 205 (Sc), Dunia P. Zongwe

SAIPAR Case Review

The Lifumbela case stems straight from the High Treason Trial, Namibia’s longest and – probably – most expensive judicial saga. In S v Lifumbela, the Supreme Court of Namibia had to settle an appeal against the convictions and sentences of 30 accused implicated in the High Treason Trial. Despite the big stakes involved in this matter, the apex court did not manage to rise to this once-in-a-lifetime occasion and seize this historic moment.

By confirming that the appellants committed high treason, murder, and attempted murder on the basis of conspiracy (i.e., an incomplete crime), the Namibian Supreme Court upended the …

Chimanga Changa Limited V Export Trading Limited (Scz Appeal No. 3 Of 2022), Ntemena Mwanamwambwa, Chenela Mwale-Simbotwe

SAIPAR Case Review

The Supreme Court’s decision in Chimanga Changa has set a clear and resounding tone as well as a sound precedent in the Jurisprudence of Zambian Corporate Insolvency law, specifically in relation to how voluntary business rescue proceedings should be commenced, when they commence and most importantly that an application objecting to the commencement of business rescue proceedings pursuant to section 22(1), does not answer to the definition of a legal proceeding for purposes of effecting a moratorium within the confines of section 25 of the Act.

Eva Chiboni V. New Future Finance Company Limited 2020/Hpc/0776, Chanda Chungu

SAIPAR Case Review

The decision in Eva Chiboni has been seen by some as a victory for vulnerable groups of people in Zambia, compared to bigger entities that do at time take advantage of parties with less bargaining powers. However, as this article has demonstrated, it reached an outcome not supported by principles of law, particularly those relating to the need to provide lucid and clear evidence of a vitiating factor or illegality to declare a contract null and void.

Zambia Electronic Clearing House Limited V. James Kalengo Caz Appeal No. 239 Of 2020, Chanda Chungu

SAIPAR Case Review

The Court of Appeal’s decision in James Kalengo is crucial because it demonstrates that the concept of a legitimate expectation of renewal, as a principle and concept exists under Zambian employment law. Whilst an employer does retain the discretion to renew a contract of employment or not when it is due to expire, an employee may have a legitimate expectation of renewal if there is any past practice, prior promise or bad faith/mala fides in relation to the renewal.

Mark Tink And Others V. Lumwana Mining Company Limited Caz Appeal No. 41/2021, Chanda Chungu

SAIPAR Case Review

The decision in Mark Tink and Others v. Lumwana Mining Company Limited is an important decision because it clarifies and restates that law that a valid reason, that is substantiated is required when an employer initiates termination of the contract of employment.

This article critiques the approach of the Court of Appeal as it relates to the award of damages. This article seeks to provide clarity as it relates to the award of damages, particularly the way is granted and justified. It is suggested that when the opportunity arises either the Court of Appeal or the Supreme Court should revise …

Molosoni Chipabwamba And 12 Other Displaced Village Owners V Yssel Enterprises Limited Appeal No.104/2020 (Zmca) 2022, Mwami Kabwabwa

SAIPAR Case Review

The issue of customary land tenure and customary land rights is an important issue that has serious implications on customary communities that occupy land under customary tenure. Considering the raising demand of customary land by both local and international investors the courts play an important role in protecting the interests and rights of customary communities and ensuring that such communities are not exploited in the alienation process of customary land and in the procedures of converting from customary tenure to statutory where it is necessary and where the benefits of converting to statutory tenure outweigh the benefits of customary tenure. …

Convening For A Prosperous Future: Middle East North African South Asian (Menasa) Convening, Global Diversity & Inclusion, Portland State University, Middle East, North Africa, South Asia (Menasa), Portland State University

Global Diversity and Inclusion Publications and Presentations

PSU is proactively leaning into its future as a majority-BIPOC student institution and is dedicated to coming alongside BIPOC communities, critical partners, actors, and agents to act in the present to ensure a prosperous future.

We recognize that opportunities and challenges for BIPOC communities require collective, rather than singular, action. In that spirit, we invite you to save the date and join Portland State University's Global Diversity and Inclusion Division on Sunday October 23rd between 11am-2pm for a convening luncheon contemplating present challenges and imagining a prosperous future for our Middle East North African South Asian (MENASA) Community.

This social …

Amjambo Africa! (October 2022), Kathreen Harrison

Amjambo Africa!

In this Issue

Election special .....................2-3

Moonglade .............................4-5

Amjambo Arts.......................... 6

Credential equivalencies ....8-10

In 7 languages

Ask the doctor ........................11

In 7 languages

Housing update ......................12

Editorial ...................................13

Market Basket ................... 14-15

Beautiful Blackbird .......... 16-17

All about the Workforce ........18

Community Happenings..20-21

News from Africa ..............22-23

Health & Wellness .............24-31

In 7 languages

Community columns .............32

Financial literacy ....................33

New Voices columns ........34-35

Tips & Info ........................36-37

Evaluating The Stigma Toward Counseling In The African American Community, Jamaica Chapman

Doctoral Projects

Self-stigma is an important factor that hinders help seeking through the use of mental health services. “Self-stigma is the reduction of an individual’s self-esteem or self-worth caused by the individual self-labeling herself or himself as someone who is socially unacceptable” (Vogel et al., 2006, p. 325). Attitudes have suggested both men and women struggle with depression in this population, and that they are reluctant to addressing psychological problems. Most are overly concerned about the stigma associated with mental illness. Though some are open to seeking treatment through mental health services, religious coping in this community is the most preferred method …

Economic Perceptions And Potential Within La Marsa, Dean Roiland

Independent Study Project (ISP) Collection

This research largely focuses on the perspectives of the Tunisian youth in regards to the unemployment situation they are being faced with. These perspectives carry many insights as to the problems in Tunisia and the potential solutions to these problems. Background research was conducted to examine the specifics of the economic situation and how it ended up in such a state. The Tunisian economy was found to be heavily suffering from high unemployment, high inflation, a lack of job creation, and a lack of FDI to name a few. These negative symptoms have especially been impacting the young adults in …

Contemporary Legacies Of Morocco’S Gnawa Music Communities, Luke Sheppard

Independent Study Project (ISP) Collection

Despite existing literature about Gnawa music and culture, there remains many discrepancies and holes a part of current understandings about the subject. This paper examines the existing literature in comparison with two site visits to different Gnawa music houses in Tangier and Khamlia Morocco. These visits including three interviews with musicians inform an understanding of the history, tourism, spirituality, performance aspects, and changing culture among the two distinct communities. The paper will draw upon these findings to evaluate what it currently means to be Gnawa, perform Gnawa, and spectate Gnawa performance in Morocco. Additionally, Gnawa music within the black Moroccan …