Pub Date : 2023-03-31DOI: 10.1017/S0021855323000062
J. D. Mujuzi
Abstract Article 32(3) of the Constitution of Uganda (1995) establishes the Equal Opportunities Commission; section 14 of the Equal Opportunities Commission Act provides for the functions of the Commission. These include ensuring that the laws, policies and customs of both public and private entities are not discriminatory and do not marginalize any person or deny him / her equal opportunities. The Commission has handled a few complaints dealing with discrimination, affirmative action, marginalization and impairment of equal opportunities. I rely on the drafting history of the Act, among other sources, to argue, inter alia, that the list of prohibited grounds of discrimination under the Act is exhaustive and that the Commission does not have jurisdiction to deal with complaints alleging discrimination on some grounds. I demonstrate that the Commission has been inconsistent in its definition of discrimination and in dealing with remedies where it has found instances of discrimination, marginalization or denial of opportunities. In some cases, the Commission has blurred the distinction between discrimination and marginalization.
{"title":"The Making of Uganda's Equal Opportunities Commission Act and Its Interpretation by the Commission","authors":"J. D. Mujuzi","doi":"10.1017/S0021855323000062","DOIUrl":"https://doi.org/10.1017/S0021855323000062","url":null,"abstract":"Abstract Article 32(3) of the Constitution of Uganda (1995) establishes the Equal Opportunities Commission; section 14 of the Equal Opportunities Commission Act provides for the functions of the Commission. These include ensuring that the laws, policies and customs of both public and private entities are not discriminatory and do not marginalize any person or deny him / her equal opportunities. The Commission has handled a few complaints dealing with discrimination, affirmative action, marginalization and impairment of equal opportunities. I rely on the drafting history of the Act, among other sources, to argue, inter alia, that the list of prohibited grounds of discrimination under the Act is exhaustive and that the Commission does not have jurisdiction to deal with complaints alleging discrimination on some grounds. I demonstrate that the Commission has been inconsistent in its definition of discrimination and in dealing with remedies where it has found instances of discrimination, marginalization or denial of opportunities. In some cases, the Commission has blurred the distinction between discrimination and marginalization.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"67 1","pages":"205 - 224"},"PeriodicalIF":0.4,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44819093","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-16DOI: 10.1017/S0021855323000013
Ige Omotayo Bolodeoku
Abstract This article examines the infusion of information communication technology (ICT) into Nigeria's new company legislation to promote corporate democracy. While the initiative is laudable, especially in the age of the COVID-19 pandemic, the article argues that the reform is of limited value, as only private companies are empowered to deploy ICT in the conduct of general meetings. By excluding public companies, the article argues, inter alia, that the reform overlooks the role that ICT could play in addressing the assumed passivity of latent, large groups, which typify the shareholders of public companies. In making a case for inclusive reform, the article examines the reforms already undertaken by some countries in the common law jurisdictions, whose templates on the subject may inform the changes Nigeria needs to effect in her law.
{"title":"Infusion of ICT into Nigeria's Corporate Democracy: A Proposal for a New Reform Initiative","authors":"Ige Omotayo Bolodeoku","doi":"10.1017/S0021855323000013","DOIUrl":"https://doi.org/10.1017/S0021855323000013","url":null,"abstract":"Abstract This article examines the infusion of information communication technology (ICT) into Nigeria's new company legislation to promote corporate democracy. While the initiative is laudable, especially in the age of the COVID-19 pandemic, the article argues that the reform is of limited value, as only private companies are empowered to deploy ICT in the conduct of general meetings. By excluding public companies, the article argues, inter alia, that the reform overlooks the role that ICT could play in addressing the assumed passivity of latent, large groups, which typify the shareholders of public companies. In making a case for inclusive reform, the article examines the reforms already undertaken by some countries in the common law jurisdictions, whose templates on the subject may inform the changes Nigeria needs to effect in her law.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"67 1","pages":"259 - 273"},"PeriodicalIF":0.4,"publicationDate":"2023-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43401985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-15DOI: 10.1017/S0021855323000037
Rehana Cassim
Abstract Section 159 of the South African Companies Act 71 of 2008 regulates corporate whistleblowing in companies registered under the act. This article critically evaluates section 159 to ascertain whether it adequately protects and encourages corporate whistleblowers. It compares this section with the whistleblower provisions in the Australian Corporations Act 2001, which have strongly influenced section 159 and which were recently reformed, and argues that in the light of the distressing levels of corporate corruption, the low reporting rates of wrongdoing and the widespread victimization of whistleblowers, there is a pronounced need to protect corporate whistleblowers in South Africa. It contends that section 159 does not go far enough in protecting and encouraging corporate whistleblowers, and calls for numerous important reforms to be urgently made.
{"title":"A Critical Analysis of the Corporate Whistleblowing Provisions of the South African Companies Act","authors":"Rehana Cassim","doi":"10.1017/S0021855323000037","DOIUrl":"https://doi.org/10.1017/S0021855323000037","url":null,"abstract":"Abstract Section 159 of the South African Companies Act 71 of 2008 regulates corporate whistleblowing in companies registered under the act. This article critically evaluates section 159 to ascertain whether it adequately protects and encourages corporate whistleblowers. It compares this section with the whistleblower provisions in the Australian Corporations Act 2001, which have strongly influenced section 159 and which were recently reformed, and argues that in the light of the distressing levels of corporate corruption, the low reporting rates of wrongdoing and the widespread victimization of whistleblowers, there is a pronounced need to protect corporate whistleblowers in South Africa. It contends that section 159 does not go far enough in protecting and encouraging corporate whistleblowers, and calls for numerous important reforms to be urgently made.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"67 1","pages":"297 - 315"},"PeriodicalIF":0.4,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43068331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-06DOI: 10.1017/S0021855323000025
N. Eze
Abstract This article interrogates the traditional limitations of the concept of bailment at common law. It argues that, although possession is a critical element, in modern commerce, a bailment relationship should be capable of being created without actual physical possession and control, but through constructive possession, which is as effective as physical possession and control. With this adjustment to the interpretation of the element of possession, bailment could then apply to intangible property, such as intellectual property. With the support of evidence from other progressive common law jurisdictions and inroads from the tort of conversion and criminal theft, the article argues that this new bailment jurisprudence is beginning to emerge. It then recommends that, in deserving circumstances, the courts should not hesitate to find that a bailment relationship exists, notwithstanding the absence of physical control and possession, at least pending legislative intervention.
{"title":"Bailment of Intellectual Property in Nigeria: A Conceptual Possibility","authors":"N. Eze","doi":"10.1017/S0021855323000025","DOIUrl":"https://doi.org/10.1017/S0021855323000025","url":null,"abstract":"Abstract This article interrogates the traditional limitations of the concept of bailment at common law. It argues that, although possession is a critical element, in modern commerce, a bailment relationship should be capable of being created without actual physical possession and control, but through constructive possession, which is as effective as physical possession and control. With this adjustment to the interpretation of the element of possession, bailment could then apply to intangible property, such as intellectual property. With the support of evidence from other progressive common law jurisdictions and inroads from the tort of conversion and criminal theft, the article argues that this new bailment jurisprudence is beginning to emerge. It then recommends that, in deserving circumstances, the courts should not hesitate to find that a bailment relationship exists, notwithstanding the absence of physical control and possession, at least pending legislative intervention.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"67 1","pages":"241 - 258"},"PeriodicalIF":0.4,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47966186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.1017/S0021855323000049
Chidi Oguamanam
Abstract Indigenous or traditional knowledge (TK) systems are the springboard of authentic African innovation and creativity. However, there has been no adequate attempt to determine whether Africa internalizes its comparative advantage in Indigenous knowledge systems in its continental frameworks for socio-economic and development collaboration and aspirations. Despite TK's presumed significance and Africa's proactive promotion of Indigenous knowledge in international fora, TK is treated marginally in key instruments, perhaps as a legacy of colonially entrenched contempt for Indigenous knowledge systems. For Africa to effectively participate in the science and technology revolution, it is necessary to have an introspective and critical appraisal of the present traction around Indigenous knowledge, which is a logical starting point for effective science, technology and innovation policy-making in furtherance of African socio-economic and development collaboration in the knowledge economy.
{"title":"A Critical Examination of the African Legal Framework for Indigenous Knowledge","authors":"Chidi Oguamanam","doi":"10.1017/S0021855323000049","DOIUrl":"https://doi.org/10.1017/S0021855323000049","url":null,"abstract":"Abstract Indigenous or traditional knowledge (TK) systems are the springboard of authentic African innovation and creativity. However, there has been no adequate attempt to determine whether Africa internalizes its comparative advantage in Indigenous knowledge systems in its continental frameworks for socio-economic and development collaboration and aspirations. Despite TK's presumed significance and Africa's proactive promotion of Indigenous knowledge in international fora, TK is treated marginally in key instruments, perhaps as a legacy of colonially entrenched contempt for Indigenous knowledge systems. For Africa to effectively participate in the science and technology revolution, it is necessary to have an introspective and critical appraisal of the present traction around Indigenous knowledge, which is a logical starting point for effective science, technology and innovation policy-making in furtherance of African socio-economic and development collaboration in the knowledge economy.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"67 1","pages":"1 - 21"},"PeriodicalIF":0.4,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45875137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-13DOI: 10.1017/S0021855322000298
E. Njieassam
Abstract Child labour is prevalent in both developed and developing countries and has become a global concern. This is because of the negative impacts that it has not only on the human rights and fundamental freedoms of children, but on their development and health due to possible exposure to hazardous substances. This article interrogates the magnitude of the problem of child labour in the gold mines of Uganda and seeks to highlight the gaps in the existing legal framework on the protection of Ugandan children from hazardous labour. It asserts that although poverty and a failed educational system are believed to be the root causes of child labour in Uganda, weak and inefficient laws coupled with a lack of coordination between institutions responsible for protecting the child contribute equally. Thus there is need for political will by the government of Uganda to help prevent the problem.
{"title":"Child Labour in Artisanal and Small-Scale Gold Mines in Uganda: Are Legal Protections Adequate?","authors":"E. Njieassam","doi":"10.1017/S0021855322000298","DOIUrl":"https://doi.org/10.1017/S0021855322000298","url":null,"abstract":"Abstract Child labour is prevalent in both developed and developing countries and has become a global concern. This is because of the negative impacts that it has not only on the human rights and fundamental freedoms of children, but on their development and health due to possible exposure to hazardous substances. This article interrogates the magnitude of the problem of child labour in the gold mines of Uganda and seeks to highlight the gaps in the existing legal framework on the protection of Ugandan children from hazardous labour. It asserts that although poverty and a failed educational system are believed to be the root causes of child labour in Uganda, weak and inefficient laws coupled with a lack of coordination between institutions responsible for protecting the child contribute equally. Thus there is need for political will by the government of Uganda to help prevent the problem.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"67 1","pages":"45 - 57"},"PeriodicalIF":0.4,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44617039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-09DOI: 10.1017/S0021855322000304
Sunday Bontur Lugard
Abstract The socio-economic and productive strength of every nation is determined by the health (the physical, mental and psychological wellbeing) of its people. To guarantee this, the constitutions of some countries, including Nigeria, provide for the right to health, and have framed institutional and policy systems to operationalize and realize this goal, as one of the major objectives of governments. However, despite this great intention on paper, the realization of good healthcare for most of the citizens of this country is still a mirage, despite legal and policy interventions in the form of human rights. The question is, can a rights-based approach to healthcare facilitate or guarantee the realization of this normative claim through access to medical care? This article contends that mere legal and policy frameworks that guarantee the right to health do not automatically engender access to good medical care, as there are hurdles to cross beyond the “limit of available resources”.
{"title":"The Right to Health in Nigeria and Its Impact on Citizens’ Access to Medical Care","authors":"Sunday Bontur Lugard","doi":"10.1017/S0021855322000304","DOIUrl":"https://doi.org/10.1017/S0021855322000304","url":null,"abstract":"Abstract The socio-economic and productive strength of every nation is determined by the health (the physical, mental and psychological wellbeing) of its people. To guarantee this, the constitutions of some countries, including Nigeria, provide for the right to health, and have framed institutional and policy systems to operationalize and realize this goal, as one of the major objectives of governments. However, despite this great intention on paper, the realization of good healthcare for most of the citizens of this country is still a mirage, despite legal and policy interventions in the form of human rights. The question is, can a rights-based approach to healthcare facilitate or guarantee the realization of this normative claim through access to medical care? This article contends that mere legal and policy frameworks that guarantee the right to health do not automatically engender access to good medical care, as there are hurdles to cross beyond the “limit of available resources”.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"67 1","pages":"59 - 77"},"PeriodicalIF":0.4,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48228280","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-21DOI: 10.1017/S0021855322000286
Rose Nakayi
Abstract Certificates of title are a feature of the Torrens system of land registration which originated in Australia and which operates in Uganda. The system confers primary responsibility to register title, and guarantee its security, upon the state. A certificate of title is indefeasible and conclusive evidence of ownership, except in cases of fraud by the registered proprietor. This article uses a doctrinal legal research approach to analyse the legal framework on certificates of title, citing court decisions to give an interpretive lens to the law. It finds that the almost century-old system remains immature and its actualization is hampered by the socio-political context of Uganda. Certificates of title are a feature of a capitalist order and produce unfavourable outcomes, including fraud through double titling, illegal entries in the register and spurious caveats. Government needs to address the socio-political and administrative challenges inhibiting the evolution and practical application of the Torrens system in Uganda.
{"title":"Certificate of Title: A Discussion of Contemporary Challenges to the Protection of Land Interests in Uganda","authors":"Rose Nakayi","doi":"10.1017/S0021855322000286","DOIUrl":"https://doi.org/10.1017/S0021855322000286","url":null,"abstract":"Abstract Certificates of title are a feature of the Torrens system of land registration which originated in Australia and which operates in Uganda. The system confers primary responsibility to register title, and guarantee its security, upon the state. A certificate of title is indefeasible and conclusive evidence of ownership, except in cases of fraud by the registered proprietor. This article uses a doctrinal legal research approach to analyse the legal framework on certificates of title, citing court decisions to give an interpretive lens to the law. It finds that the almost century-old system remains immature and its actualization is hampered by the socio-political context of Uganda. Certificates of title are a feature of a capitalist order and produce unfavourable outcomes, including fraud through double titling, illegal entries in the register and spurious caveats. Government needs to address the socio-political and administrative challenges inhibiting the evolution and practical application of the Torrens system in Uganda.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"67 1","pages":"23 - 43"},"PeriodicalIF":0.4,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42887696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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