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Prosecutor-General Of Namibia V Namoloh And Others 2020 (3) Nr 839 (Sc), Dunia P. Zongwe 2021 Walter Sisulu University

Prosecutor-General Of Namibia V Namoloh And Others 2020 (3) Nr 839 (Sc), Dunia P. Zongwe

SAIPAR Case Review

Namoloh is the leading case on the definition of an accused in Namibia. It is true that, so far, there have been quite some confusion on the definition of ‘accused.’ For instance, the Criminal Procedure Act does not describe the accused and actually refer to the person through the sentencing process ‘the accused’ even if the accused has already been ‘convicted’. The Namoloh case therefore stabilizes criminal law in Namibia by clarifying who does and who does not qualify as an ‘accused’.

Nonetheless, the way in which the Supreme Court resolved the question of permanent stays of prosecution contradicts the …


Is The Constitutional Court Fanning The Flames Of Potential Unrest? A Review Of Recent Political Cases, O'Brien Kaaba, Felicity Kayumba Kalunga, Pamela Towela Sambo 2021 University of Zambia

Is The Constitutional Court Fanning The Flames Of Potential Unrest? A Review Of Recent Political Cases, O'Brien Kaaba, Felicity Kayumba Kalunga, Pamela Towela Sambo

SAIPAR Case Review

The cases we discuss in this article raise fundamental questions about access to justice. Inefficient delivery of judgments, issuance of unreasoned or thinly reasoned rulings, inordinate delay in hearing matters, and awarding of unwarranted costs in public interest matters all militate against access to justice. Access to justice is important in maintaining law and order and promoting the rule of law. As US Supreme Court Judge, Stevens, stated in Bush v Gore 531 US 98 (2000), ‘It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law.’ Where …


Water Elites’ Perceptions Of Water Security In The Middle East And North Africa Region, Ghaleb Akari 2021 The University of Southern Mississippi

Water Elites’ Perceptions Of Water Security In The Middle East And North Africa Region, Ghaleb Akari

Dissertations

The Middle East and North African region continues to face significant water security challenges. The purpose of this dissertation is to gain a deeper understanding of water elites’ perceptions of water security in the MENA region. It is not meant to generalize the findings. Instead, the intention for the research is to identify, explain, and analyze by national elites' contrasting perceptions in Jordan, Iraq, Egypt, and Tunisia.

The study examines water elites’ perceptions in four areas: current knowledge level of water security, water resource management, water service delivery, and water-related risk mitigation. These elites’ perceptions of water security will help …


Amjambo Africa! (May 2021), Kathreen Harrison 2021 University of Southern Maine

Amjambo Africa! (May 2021), Kathreen Harrison

Amjambo Africa!

In this Issue

Chad’s president dies.........2/3

Corruption in Africa.........2/3

Maine & slave trade..............5

Vaccine pause/editorial .......6

Portland Empowered..........12

Onyx Emelo photo essay ...13

Liberation Farms photo essay.......................14

A taste of Jamaica................15

Support for AAPIcommunity........................17

Midcoast Literacy................18

Amran Osman.....................19

Minorities in Healthcare....20

Finance.................................21

Guest Columnists/community voices.....................24/25/26

Ekhlas Ahmed.....................27

Ryan Adams.........................28

Cynthia McGuirl.................28

Navigating benefits.............29

Racial justice........................31

Translations

French..................................7

Swahili.................................8

Somali..................................9

Kinyarwanda.....................22

Portuguese.........................23


Vol. 4, Issue 1 Table Of Contents, 2021 Cornell University Law School

Vol. 4, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.


Enock Kahale & 3 Others V The People [2021] Zmca 26, John Hatchard 2021 University of Buckingham (Emeritus)

Enock Kahale & 3 Others V The People [2021] Zmca 26, John Hatchard

SAIPAR Case Review

In both criminal and civil cases, the general rule is that a witness may only testify as to matters of fact of which they have personal knowledge. Thus, a witness may not draw inferences from the facts, speculate about the causes of the facts or make value judgments about those facts. The case of Kahale is unusual in that the expert who was required to give evidence, i.e., the ballistics expert, did not do so whilst PW7, a non-expert, was permitted to give evidence that required an expert in the relevant field. There was therefore a complete absence of expert …


Editor's Note, O'Brien Kaaba 2021 University of Zambia; Southern African Institute for Policy and Research

Editor's Note, O'Brien Kaaba

SAIPAR Case Review

No abstract provided.


New Nation Movement Npc And Others V President Of The Republic Of South Africa And Others 2020 (6) Sa 257 (Cc), Dunia P. Zongwe 2021 Walter Sisulu University

New Nation Movement Npc And Others V President Of The Republic Of South Africa And Others 2020 (6) Sa 257 (Cc), Dunia P. Zongwe

SAIPAR Case Review

This case will impact constitutional law, constitutional interpretation, and electoral law in the sense that it will likely remain for a long time the leading case on independent candidates in South Africa. This is an important question that has also been raised elsewhere, like it did recently in Namibia. In both South Africa and Namibia, the question was raised as to the desirability of independent candidates. With the decision in NNM, the Constitutional Court has enabled South Africa to join nations like Namibia in permitting independent candidates.


Baby ‘A’ And Another V Attorney General And Others [2014] Eklr, Samiselo Kayombo 2021 University of Zambia

Baby ‘A’ And Another V Attorney General And Others [2014] Eklr, Samiselo Kayombo

SAIPAR Case Review

On or about 3rd May 2009, Baby A (1st Petitioner) was born as an intersex child.2 On 10th May 2009, Kenyatta National Hospital (2nd Respondent) conducted various medical tests on the 1st Petitioner and on one of the documents that captured the 1st Petitioner’s details, inserted a question mark ‘?’ in the column that indicated the child’s sex. The Petitioners claimed that the entry of a question mark to indicate the sex of Baby A violated the rights of the child to legal recognition, dignity and freedom from inhuman and degrading treatment. These rights were guaranteed in Section 4 of …


Savenda Management Services Limited V Stanbic Bank Zambia Limited And Gregory Chifire Selected Judgment No. 47 Of 2018, Elliot Mfune 2021 University of Zambia

Savenda Management Services Limited V Stanbic Bank Zambia Limited And Gregory Chifire Selected Judgment No. 47 Of 2018, Elliot Mfune

SAIPAR Case Review

The case of Savenda Management Services Limited v Stanbic Bank Zambia Limited and Gregory Chifire is significant in that it raises the question whether Zambian judges have virtually unbridled power to move on their own motion to punish for contempt of court any person who criticises their judgements. In addition, the case reinforces the traditional struggles associated with distinguishing civil from criminal contempt, the consequences of which are entirely based on the distinction. The case is also important as it exposes inadequate sentencing guidelines in Zambian contempt laws, the effect of which has led to excessive and unwarranted sentences. A …


Perceptions Of Chinese Influence In Tanzania, Matthew Jacob Travers 2021 University of Mississippi

Perceptions Of Chinese Influence In Tanzania, Matthew Jacob Travers

Honors Theses

As soon as it gained independence from the United Kingdom in December 1961, Tanganyika, which would later become the United Republic of Tanzania, established diplomatic relations with the People’s Republic of China. The two countries have continued to promote friendly relations and an economic and political partnership, particularly through the Belt and Road Initiative and the Confucius Institute. Given international concerns over China’s interest in the African continent, this thesis seeks to evaluate the perceptions of Chinese influence in Tanzania on both a national and local level.

I used a combination of qualitative and quantitative research methods to analyze China’s …


No More Shade: Deforestation And Rural-Urban Migration In Nigeria, Kambre Sims 2021 The University of Southern Mississippi

No More Shade: Deforestation And Rural-Urban Migration In Nigeria, Kambre Sims

Master's Theses

Some of the most well-documented motivating factors of migration in Nigeria include education, employment opportunities, and cultural conflicts. However, as the deforestation crisis has not improved and Nigeria has maintained its spot as the country with the most deforestation on Earth, access to critical forest resources may be in danger. In light of this crisis, this paper attempts to determine if deforestation has become a new motivating factor for migration as those in rural communities seek other avenues of obtaining those vital resources. Subsequently, Nigeria is also experiencing a housing crisis within its rapidly growing urban centers; obtaining and keeping …


The United States And Portuguese Angola: Space, Race, And The Cold War In Africa, Alex J. Marino 2021 University of Arkansas, Fayetteville

The United States And Portuguese Angola: Space, Race, And The Cold War In Africa, Alex J. Marino

Graduate Theses and Dissertations

This dissertation is an international history of the role of the United States in the process of decolonization in Angola, a former colony of Portugal. I argue that the United States embraced Portugal, Angola, and neighboring Democratic Republic of Congo as irreplaceable Cold War allies. Decolonization in Africa challenged America’s relationship with all three countries, as competing forces within the American public called for Washington to adopt an anti-colonial, anti- racist ideology, while others demanded their government to support white supremacy at home and abroad. Decolonization in Angola, a protracted liberation struggle that started in 1961 and lasted until 1974, …


Humanitarian Response For Internally Displaced Women And Children In North-East, Nigeria, Aitiya Simon 2021 Chapman University

Humanitarian Response For Internally Displaced Women And Children In North-East, Nigeria, Aitiya Simon

International Studies (MA) Theses

The insurgency created by Boko Haram in the North-Eastern Region of Nigeria has displaced over 2.7 million people. From 2009 to the present day, millions of women and children are forced to seek refuge in Internally Displaced Persons (IDP) camps in Borno, Adamawa, and Yobe state. The focus on women and children is because women and children account for the majority population in the displaced camps. IDP camps provide a place of refuge for people however, critics have recognized the local and international communities' failure to improve the camps' conditions especially for the women and children.

This thesis focuses on …


Perceptions About Expatriate Leaders In Tanzanian Non-Governmental Organizations: Elevating Local Voices, Seth Diemond 2021 University of Southern Maine

Perceptions About Expatriate Leaders In Tanzanian Non-Governmental Organizations: Elevating Local Voices, Seth Diemond

Thinking Matters Symposium

The purpose of this phenomenological study is to understand the perceptions that Tanzanian employees hold about white, expatriate leadership of non-governmental organizations working on children’s issues in Tanzania, East Africa. In Tanzania, foreign non-profit organizations, commonly referred to locally as NGOs, work to address various global issues. Many NGOs are led by white, expatriate leaders while staffed by local, black, Tanzanians. Through interviews with Tanzanian staff, this study helps determine whether the presence of white, expatriate leadership of NGOs in Tanzania is truly an effective approach to development as perceived by local staff. Interviews were conducted virtually with five Tanzanian …


The Muridiyya On The Move : Islam, Migration, And Place Making, Cheikh Anta Babou 2021 Ohio University

The Muridiyya On The Move : Islam, Migration, And Place Making, Cheikh Anta Babou

Ohio University Press Open Access Books

Highlights the role of transnational space making in the construction of diasporic Muridiyya identity.

The construction of collective identity among the Muridiyya abroad is a communal but contested endeavor. Differing conceptions of what should be the mission of Muridiyya institutions in the diaspora reveal disciples’ conflicting politics and challenge the notion of the order’s homogeneity. While some insist on the universal dimension of Ahmadu Bamba Mbakke’s calling and emphasize dawa (proselytizing), others prioritize preserving Muridiyya identity abroad by consolidating the linkages with the leadership in Senegal. Diasporic reimaginings of the Muridiyya abroad, in turn, inspire cultural reconfigurations at home.

Drawing …


Fixing A Hole: Contemporary Security Issues In Africa, Zachary Hadley 2021 American Graduate School

Fixing A Hole: Contemporary Security Issues In Africa, Zachary Hadley

The Journal of International Relations, Peace Studies, and Development

In the twenty-first century, complex and dynamic challenges within Africa are often borderless. With the ability to scale exponentially, localized conflicts can quickly destabilize regions. Since the early 2000s, scholarly efforts to explicate transnational challenges has led to a growing body of literature dedicated to the African continent. While promising, the corpora of secondary literatures often lack conceptual rigor and depth — requiring students, researchers and scholars to thread coherent narratives across diverse sets of government records, media reports, and firsthand accounts.

Contemporary Security Issues in Africa by William A. Taylor attempts to fill this void by serving as a …


Vol. 7, Number 1 Front Matter, 2021 Cornell University Law School

Vol. 7, Number 1 Front Matter

Zambia Social Science Journal

No abstract provided.


Book Reviews, Sishuwa Sishuwa, Austin M. Cheyeka, Daniela Atanasova 2021 University of Cape Town and University of Zambia

Book Reviews, Sishuwa Sishuwa, Austin M. Cheyeka, Daniela Atanasova

Zambia Social Science Journal

No abstract provided.


Gambian And Senegalese Refugee Policies As A Potential Means Towards Regional Stability, Amy Armata 2021 Connecticut College

Gambian And Senegalese Refugee Policies As A Potential Means Towards Regional Stability, Amy Armata

CISLA Senior Integrative Projects

No abstract provided.


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