African Studies Commons^™

Volume 8, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Board

SAIPAR Case Review

No abstract provided.

Rights Vs Rules: A Commentary On Nathan Mubanga (Suing As The Father And Next Friend Of A Minor Cm) And Anor V Attorney General (2023/Hp/0403) Zmhc3 (19 February 2025), Chanda Mwape

SAIPAR Case Review

The High Court of Zambia upheld a school's refusal to admit a Rastafari child with dreadlocks. The author argues that the Court erred by failing to consider regional jurisprudence, international human rights trends, and the historical context of discrimination against natural African hair. The piece contends that requiring Rastafari children to cut their dreadlocks to access public education effectively denies them their rights to education, freedom of religion, and protection from discrimination.

Brenda Mpashi V Attorney General And Anor (2024/Ccz/005) [2025] Zmcc 4 (20 February 2025): The Constitutionality Of Ouster Clauses In A Democratic And Constitutional Dispensation, Mwami Kabwabwa, Madrine Mukabili

SAIPAR Case Review

Transformative constitutionalism requires Courts to adjudicate in a manner that advances substantive justice, protects rights, and ensures that all exercises of public power are justified in constitutional terms. In Brenda Mpashi, the Constitutional Court adopted a formalistic interpretive approach that prioritised administrative finality over constitutional accountability. By accepting Regulation 10A as an effective ouster clause, the Court insulated presidential action from judicial scrutiny and weakened the culture of justification, which is a fundamental principle in a constitutional democracy.

A more transformative approach would have scrutinised the constitutionality of the ouster clause, assessed its compatibility with Article 18(9) and the principle …

Digital Currency In Legal Limbo, From Uncertainty To Precedent In Tanzania: Yellow Card (T) Ltd Vs. Nyamwero Michael Nyamwero (Hc: Commercial Case No. 12171 Of 2024), Jackson Simango Magoge

SAIPAR Case Review

The abstract below was generated using artificial intelligence. It has not been endorsed by the author.

This article analyzes Yellow Card (T) Ltd v. Nyamwero Michael Nyamwero (HC Commercial Case No. 12171 of 2024), a landmark Tanzanian case addressing the legal status of cryptocurrency transactions in a jurisdiction lacking a formal regulatory framework. The dispute arose from the alleged misappropriation of funds by a former company director and his subsequent breach of a settlement agreement requiring repayment. The court held in favor of the plaintiff, concluding that although cryptocurrency activities remain unregulated in Tanzania, they are not inherently illegal. Accordingly, …

Editorial Note, O'Brien Kaaba, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.

Review Of: The Life And Thought Of H. Odera Oruka: Pursuing Justice In Africa, Robert Press

The Journal of Social Encounters

No abstract provided.

Review Of: Election 2024 South Africa: Countdown To Coalition, Gary Prevost

The Journal of Social Encounters

No abstract provided.

Darfur And Sudan Recommended Webinars

The Journal of Social Encounters

No abstract provided.

Escalation Pathways To The April War And The Dynamics Of Sudan's Political Economy, Salih Mustafa, Osama Hassan, Nagi Alassam

The Journal of Social Encounters

This paper analyzes the escalation processes that led to the outbreak of the April 2023 war in Sudan, based on Wolfram Lacher's theoretical framework of "escalation processes". The paper focuses on tracing the escalatory trajectories that preceded the war, analyzing the complex interplay between structural, political, and economic factors, as well as the impact of the political economy on the dynamics of the conflict and its escalation to full-scale war.

The Sudanese Identity In The Mirror Of Colonial And Post-Independence History, Abdalla Galaleldeen

The Journal of Social Encounters

After independence, Sudan’s political elite adopted colonial-inspired policies that sought to divide the country into North and South (Arabs versus Africans). This policy was further reinforced by the civil wars and by the failures of the Sudanese political elite to construct a cohesive national identity. In the post-independence period, one elite group aligned itself with an Arab identity, while another embraced an African identity. Logically, therefore, both identities—Islamic-Arab and African—encompass the majority of the population. Yet, while Islamists and Africanists each claimed to represent this majority, neither addressed the contradictions inherent in their positions. As the tension between the Islamic-Arab …

The Conflict In Sudan: An Overview, Mad Gabriel

The Journal of Social Encounters

It has been more than two years since the war erupted in Sudan. Although the crisis initially started between two warring parties, it has expanded beyond the two with the involvement of multiple actors. However, the current conflict is complicated and has deep historical origins. It increased after the 2019 revolution, with the Sudanese Armed Forces (SAF) and Rapid Support Forces (RSF) battling for power and control. On the other hand, the situation has deteriorated dramatically, as the economy suffered from the continuation of the war, according to the International Monetary Fund (IMF). Additionally, Health systems have crumbled, schooling has …

Sudan: A War Of Atrocities Report Of The Independent International Fact-Finding Mission For The Sudan, - Annual Report Of The United Nations High Commissioner For Human Rights And Reports Of The Office Of The High Commissioner And The Secretary-General

The Journal of Social Encounters

This report documents attacks on civilians and objects essential for their survival in Sudan. It concludes that both parties to the conflict violated international human rights and humanitarian law, with most violations amounting to war crimes. The Rapid Support Forces’ conduct may also constitute crimes against humanity, including persecution and extermination. The report calls for accountability and sets out a roadmap for justice.

Introduction: Continuing The Exploration Of The Darfur And Sudan Crisis, Mawa Mohamed, Ron Pagnucco

The Journal of Social Encounters

No abstract provided.

The Late Father Rev. John Anthony Kaiser: “A Case For Justice”, Mbuthi Gathenji

The Journal of Social Encounters

No abstract provided.

On The 25th Anniversary Of The Political Assassination Of A Human Rights Hero From Minnesota, Fr. John Kaiser, Ron Pagnucco, Peter Kimeu Ngui, Elizabeth M. Brown, Mary Wangari Sebastian

The Journal of Social Encounters

We here at St. John's University (SJU) in Minnesota, a co-publisher of the JSE, share a special connection with Fr. John Kaiser, the subject of these articles in his honor. Fr. Kaiser was born in a parish in the Diocese of St. Cloud in 1934, in which the university is located, and graduated from SJU's preparatory high school and matriculated at SJU for two years before leaving to join the U.S. Army in 1954. He later entered the seminary and in 1964 was ordained a priest in the Mill Hill religious order, which sent him to Kenya. In August 2000, …

Engaging The Somali Diaspora: A Case Study Of One Agency’S Community Programming Approach, Farhia Abdi

The Journal of Social Encounters

This case study investigates how a local community agency engages with the Somali diaspora to design and implement culturally responsive services, such as the Settlement and Integration Program. It also explores the potential of fostering meaningful dialogue with community members to inform the development of culturally sensitive programming. The research question guiding this study was developed by findings from previous research, which highlighted the significance of community engagement, sustained dialogue, and the necessity for agencies to design clearly defined programs. These programs should prioritize active participation from community members in both the creation and implementation of tailored initiatives.

Hezbollah's Military Setback: From Strategic Strength To Political Dilemma—A Comprehensive Analysis, Habib Albadawi

The Journal of Social Encounters

This study examines the unprecedented military transformation of Hezbollah from 2024 to 2025, analyzing how technological superiority and strategic constraints have fundamentally altered the effectiveness of irregular warfare organizations. Through extensive analysis of organizational adaptation, technological disruption, and external dependencies, this research investigates the paradox of how advanced military capabilities, when constrained by external dependencies, can become operational liabilities rather than strategic assets. The study employs multiple theoretical frameworks to understand this transformation and its implications for future irregular warfare.

Contested Development: China’S Influence, Authoritarian Agency, And Ngo Resistance In Uganda, Saara E. Leppanen

Global Governance Theses and Dissertations

In 2021, the Ugandan government suspended the operations of 54 non-governmental organizations (NGOs), citing a range of administrative and legal justifications. This crackdown reflects a broader pattern emerging across the African continent, where over the past twenty years, more than twenty-four states have introduced restrictions on NGOs, particularly those engaged in human rights advocacy and governance. At the same time, the continent has witnessed a marked increase in Chinese investment, most notably through Beijing’s Belt and Road Initiative (BRI), launched in 2013 as a global infrastructure and development project. While scholarship on the BRI has increased, limited attention has been …

Towards A New Health Politics In Kenya: Labor Organizing And Strikes By Health Workers In The Public Health Sector, Michael Scanlon

Graduate Doctoral Dissertations

There has been insufficient attention by global health scholars to labor organizing by health workers, including when and why organizing occurs, what forms and strategies it takes and its implications for governance and policy. These questions are critical but largely absent in research on what has been called the “global health workforce crisis.” Kenya represents an important case study. A new constitution in 2010 expanded institutional spaces for labor organizing and decentralized governance of the health system. Both reforms had significant implications for the health workforce and strikes by health workers have been pervasive. In 2017, nationwide strikes by public …