African Studies Commons^™

Editor's Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

Mineral Sands Resources (Pty) Ltd And Another V Redell And Others And Two Related Cases 2021 Sa 268 (Wcc), Dunia P. Zongwe

SAIPAR Case Review

This case teaches activists how to respond when they get SLAPPed. It introduced a defense mechanism to prevent lawsuits launched by big corporations to silence criticisms. North American lawyers commonly refer to these lawsuits as ‘strategic litigation (or lawsuits) against public participation (SLAPP). Two scholars from the United States of America (US) coined this acronym.2 And, in 2021, for the first time in South Africa, a court recognized the SLAPP phenomenon and accepted a defense against this kind of lawsuits.

When big corporations SLAPP activists and journalists, and their lawyers, judges should not slap back those corporations by accepting anti-SLAPP …

Vol. 4, Issue 2 Masthead

SAIPAR Case Review

No abstract provided.

Swartbooi And Another V Speaker Of The National Assembly (Sa 38-2021) [2021] Nasc (4 August 2021), Dunia P. Zongwe

SAIPAR Case Review

In Swartbooi, the Supreme Court of Namibia failed to give flesh, blood and bones to a theory that could unify the cases that dealt with the separation of powers in Namibia. Though few lawyers would disagree with the outcome of its judgment, the Court nonetheless achieved this outcome by retreating into its legalistic shell.

At the same time, the Swaartbooi case completed a triangle that plotted all the possible relationships between the three organs of state in Namibia. After Ex parte in re: the Constitutional Relationship Between the Attorney-General and the Attorney-General (hereinafter referred to as ‘AG and PG’) addressed …

Dipak Patel V. The Minister Of Finance And The Attorney General Ccz 5 Of 2020 [2021], Chanda Chungu

SAIPAR Case Review

The Constitutional Court judgment of Dipak Patel v. The Minister of Finance and the Attorney General dealt with an application by Dipak Patel who sought, inter alia, a declaration that the failure by the Minister of Finance to bring all public debt that was contracted by the Executive to the National Assembly for approval was contrary to the Constitution. This case review seeks to provide a lucid and clear analysis of the Constitutional Court judgment, discussing the soundness of the court’s reasoning and approach to the issue of how public debt should be contracted.

Dipak Patel V. The Attorney General [2020] Ccz 005, Josiah Kalala

SAIPAR Case Review

In 2016, the Constitution of Zambia was amended, introducing a provision that required the National Assembly to approve all debt before it was contracted. The Constitutional amendment also introduced a requirement that legislation relating to the contraction and guaranteeing of debt should provide the category, nature and other terms and conditions of a loan, grant or guarantee that will require approval by the National Assembly before the loan, grant or guarantee is executed. Unfortunately, since the constitutional amendment in 2016, the government of Zambia acquired numerous loans without the approval of the National Assembly of Zambia. The Petitioner, a former …

Albert Mupila V. Yu-Wei Comp/ Irclk/222/2022, Chanda Chungu

SAIPAR Case Review

An employee was employed on an oral contract of employment since June 2016 by an employer engaged in providing casino services. He was never availed with a copy of his contract and was paid a salary below the prescribed minimum for workers protected by the Shop Workers Order.

During 2021, he raised a complaint relating to his NAPSA contributions and was subsequently summarily dismissed. He commenced an action before the Industrial Relations Division of the High Court seeking the following reliefs:

• Benefits for the years worked;

• Leave days;

• Unfair and wrongful dismissal; and

• Costs and any …

Guardall Security Group Limited V. Reinford Kabwe Caz Appeal No. 44/2019, Chanda Chungu

SAIPAR Case Review

The Court of Appeal dealt with a judgment of the Industrial Relations Division of the High Court which was passed more than one year after the matter was commenced. The Court of Appeal interpreted sections 85(3)(b) (ii) and 94 (1) of the Industrial and Labour Relations Act which prescribe that judgment should be within one (1) year of the filing of the complaint and sixty (60) days from close of trial.

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 …

Chimanga Changa Limited V. Export Trading Limited Caz Appeal No. 76/2020 And Caz Appeal No. 053/2021, Chanda Chungu

SAIPAR Case Review

The Court of Appeal delivered two judgments with respect two separate Rulings delivered by the Commercial Division of the High Court of Zambia. The facts that led to the Rulings stemmed from a judgment rendered against Chimanga Changa Limited whereby the Commercial Division of the High Court of Zambia awarded Export Trading Limited a sum of money relating to unpaid goods supplied. Thereafter, Chimanga Changa failed to pay the judgment sum and entered business rescue proceedings.

The first Ruling dealt with a preliminary objection raised by Chimanga Changa Limited with respect to the need for leave or permission from the …

Frankson Musukwa (Suing On His Own Behalf And As Executive Director Of Zambia Deaf Youth And Women) & Others V. Road Transport And Safety Agency, Natasha Kapuka

SAIPAR Case Review

The facts giving rise to the Musukwa case emanate from the revolving debate on whether deaf people should be allowed to drive in the same way that able-bodied individuals have the liberty to. The Petitioners (all deaf) approached the Court seeking a ruling to the effect that S.62 of the Road Traffic Act, No. 11 of 2002 violate Articles 11(b), 22(1)(a) & 23(2) of the Constitution of Zambia. The Petitioners contended that the Respondent’s refusal to grant the 2nd Petitioner a driver’s license, and its decision to revoke the 3rd Petitioner’s license was a violation of their freedom of movement …

Amjambo Africa! (October 2021), Kathreen Harrison

Amjambo Africa!

In this Issue

Afghanistan................................2

Refugees......................................3

Freedom & Captivity...........3/39

Election special. .....................4-7

Editorial/Xenophobia ...............8

Translations...............9-13/30-31

News from Burundi ................14

Fishermen feeding Mainers...15

Beautiful Blackbird Festival ...17

Hope Acts.................................17

Education............................18/19

Dr. Abdullahi Ahmed

Valerie Laure Bilogue

Bez Mendelsohn

Health&Wellness ...............20-28

Substance abuse & addiction Covid and Delta In English & translation

New Voices columns ...16/34/35

Rupal Ramesh Shah (16),

Roseline Souebele

Nsiona Nguizani

Coco McCracken

Shay Stewart-Bouley

Zabrina Richards

Columns ............................29/32

Maine Equal Justice ILAP• MIRC

Business Insurance

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

ProsperityME ....................36/37

A Hidden Emergency: Transgenerational Inheritance In The Next Generation Of Rwandans, Neila Gross

Independent Study Project (ISP) Collection

Cases of physiological and psychological health disorders in the generation succeeding generation of the 1994 genocide are rising at an alarming pace. The presented work herein details a qualitative and quantitative approach to understanding the transmission of trauma from the surviving population of the 1994 Genocide Against Tutsi in their offspring using the APA PTSD System Scale-Interview (PSS-I). Several variables including age, gender and background were employed in this study. The results indicate that offspring born of targeted survivors of the 1994 Genocide Against Tutsi show increased trends of experiencing PTSD symptoms with children born in 1994 exhibiting the greatest …

Landmine Removal In Post-Conflict Rwanda: The Connection Between Demining, Reconstruction, And Reconciliation, Riley Hinklin

Independent Study Project (ISP) Collection

Landmine contamination negatively impacts the health, safety, and economic potential of the affected community. As such, removal of landmines, or demining, is an essential part of post-conflict recovery. Tied to this idea, is the idea of mine action, which goes beyond just demining to include other measures such as education and assistance to help the communities impacted by mines. This study looks at the application of the principles of mine action in Rwanda, a country which saw landmines used during the civil war and 1994 Genocide Against the Tutsi. From there, the study explores possible connections between mine action and …

Harvesting The Truth About Salt Mining: An Assessment Of The Factors And Demographics That Influence Women To Become Salt Miners, Katwe Uganda, Amelia Simmonds

Independent Study Project (ISP) Collection

Traditional and rudimentary methods of salt mining have been used to harvest salt from Lake Katwe in Uganda for over 400 years. Even though these methods are effective in extracting salt, they are proven to be hazardous to the miners. Though not often acknowledged, the role of women in salt mining operations is significant as they make up half of the workforce in East Africa. Regardless of the health risks associated with the mining sector, the number of women involved in small-scale salt mining increases by the year. The main objective of this study was to gain a better understanding …

Through The Eyes Of Lawyers And Advocates: Navigating The Court System For Women Impacted By Domestic Violence In Morocco, Emily Atieh

Independent Study Project (ISP) Collection

How do Moroccan women impacted by domestic violence navigate criminal legal systems in Morocco? Is the progressive family law present in Morocco due to recent reforms fully implemented in court systems? How can systems be improved to better support women impacted by violence? This study originally sought to answer these questions by surveying lawyers at NGOs in the Rabat area who act as advocates for women impacted by domestic violence. As a result of their expansive knowledge of criminal legal systems and experiences aiding hundreds of women, lawyers are in a unique position to critique the criminal legal system and …

Development-Induced Displacement In Kiryandongo District: A Case Study Of The Karuma Hydroelectric Power Plant, Remington Fritz

Independent Study Project (ISP) Collection

This paper assesses the effects of the development induced displacement due to the Karuma Hydroelectric Power Plant on the Awoo village and surrounding areas in Karuma Town. Recently, Uganda has pursued several large-scale development projects that have repeatedly displaced people. Despite having strong displacement and resettlement framework, there is a continued pattern of failing to implement such framework, threatening the livelihood and well-being of those displaced.

Interview with key informants from several government agencies, such as the Ministry of Energy and Mineral Development the National Environmental Management Authority and Ugandan Generation Electricity Company Ltd have illustrated the political framework and …

The Multi-Step Approach To Covid Prevention In The Casamance Region, Saraí Hernandez Salguero

Independent Study Project (ISP) Collection

Located in the Oussouye Department approximately 43 kilometers away from the city of Ziguinchor in the Basse Casamance region of southern Senegal is the Oussouye commune where I had the pleasure of staying for three weeks. I had learned that the inhabitants of this village were not significantly impacted by the Covid-19 virus since it became global knowledge at the start of 2020. As of March 2020, the village had only reported 69 active cases and the department saw only 8 deaths in total. I sought to figure out what could be the cause of this and through a series …

The Hands That Weave Stories, Elanna Hawkins

Independent Study Project (ISP) Collection

There is a narrative encoded in carpets of Morocco, and I set out with the initial intention to learn how to “read” them—thinking that a Western sense of language is present from the symbols and patterns in the rug. As I progressed in my research and met the skilled women artisans, I realized that I needed to rethink how a story that doesn’t necessarily require a written format can be told to relate to these cultural totems of Morocco. Through in-person experience and online research, I discovered many designs and backgrounds unique to specific regions and areas. Rugs can tell …

Disability And Healthcare Access In Morocco: Social And Cultural Influences, Christa Shipman

Independent Study Project (ISP) Collection

I stepped into the SIT Multiculturalism and Human Rights program as a pre-physical therapy student with experience working and volunteering in the disability rights arena. Striking personal encounters with Moroccans combined with these past experiences drew me to investigate how social and cultural factors influence access to healthcare for people with disabilities. I hypothesized that access to medical care is limited by social or cultural mindsets, perceptions, or beliefs for those in my target population. This subject is relevant to Morocco as a developing country and as a society with, in some cases, fixed social dynamics, while in other areas …