Pub Date : 2022-01-12DOI: 10.1017/S002185532100053X
Dina Lupin
Abstract At the end of apartheid, the South African government adopted laws regulating civil society that are widely seen as “good” laws: laws designed to encourage and facilitate a thriving civil society sector. In 2019 the Ethiopian government repealed the repressive, decade-old Charities and Societies Proclamation and replaced it with a much more open and permissive regulatory system, also aimed at facilitating a thriving civil society sector. This article compares South Africa's post-apartheid civil society organization (CSO) laws with Ethiopia's 2019 law, to examine the different and overlapping ways in which these regimes attempt to advance the interests of CSOs against an historical background of state oppression. In doing so, it examines what “good” regulation of CSOs constitutes in practice and finds that there are significant limits to the effectiveness of regulatory change in addressing the many, complex problems CSOs face, especially in the wake of political and legal oppression.
{"title":"The Limits of “Good Law”: Civil Society Regulation in South Africa and Ethiopia","authors":"Dina Lupin","doi":"10.1017/S002185532100053X","DOIUrl":"https://doi.org/10.1017/S002185532100053X","url":null,"abstract":"Abstract At the end of apartheid, the South African government adopted laws regulating civil society that are widely seen as “good” laws: laws designed to encourage and facilitate a thriving civil society sector. In 2019 the Ethiopian government repealed the repressive, decade-old Charities and Societies Proclamation and replaced it with a much more open and permissive regulatory system, also aimed at facilitating a thriving civil society sector. This article compares South Africa's post-apartheid civil society organization (CSO) laws with Ethiopia's 2019 law, to examine the different and overlapping ways in which these regimes attempt to advance the interests of CSOs against an historical background of state oppression. In doing so, it examines what “good” regulation of CSOs constitutes in practice and finds that there are significant limits to the effectiveness of regulatory change in addressing the many, complex problems CSOs face, especially in the wake of political and legal oppression.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"229 - 255"},"PeriodicalIF":0.4,"publicationDate":"2022-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47555256","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 : 2022-01-12DOI: 10.1017/S0021855321000528
S. Nicolosi, S. Momoh
Abstract On the 70th anniversary of the UN Refugee Convention, this article examines the concept of solidarity and explains its relevance today, through the lens of the Global Compact on Refugees (GCR). While stressing the potential as well as the challenges for thorough implementation of the solidarity mechanisms established by the GCR, the article argues that regional organizations may contribute to meeting the GCR objectives. This is particularly urgent for regions that are most affected by migratory flows. In proposing new ways of approaching the concept of solidarity, the article suggests that the African Union strengthen mechanisms other than the physical sharing of refugees, including pooling resources to support states experiencing large influxes of refugees. In addition to a system of financial support for refugee protection, the article also recommends that the European Union ensures safe channels for arrivals and a more robust resettlement programme, to help realize the GCR objectives.
{"title":"International Solidarity and the Global Compact on Refugees: What Role for the African Union and the European Union?","authors":"S. Nicolosi, S. Momoh","doi":"10.1017/S0021855321000528","DOIUrl":"https://doi.org/10.1017/S0021855321000528","url":null,"abstract":"Abstract On the 70th anniversary of the UN Refugee Convention, this article examines the concept of solidarity and explains its relevance today, through the lens of the Global Compact on Refugees (GCR). While stressing the potential as well as the challenges for thorough implementation of the solidarity mechanisms established by the GCR, the article argues that regional organizations may contribute to meeting the GCR objectives. This is particularly urgent for regions that are most affected by migratory flows. In proposing new ways of approaching the concept of solidarity, the article suggests that the African Union strengthen mechanisms other than the physical sharing of refugees, including pooling resources to support states experiencing large influxes of refugees. In addition to a system of financial support for refugee protection, the article also recommends that the European Union ensures safe channels for arrivals and a more robust resettlement programme, to help realize the GCR objectives.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"23 - 45"},"PeriodicalIF":0.4,"publicationDate":"2022-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42628485","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 : 2022-01-11DOI: 10.1017/S0021855321000516
Friedrich Hamadziripi, P. Osode
Abstract The importance and contribution of derivative litigation to the effectiveness and credibility of a jurisdiction's corporate governance system is indisputable. There is a positive correlation between good corporate governance practices, which include shareholders’ rights, and investors’ return on their investments. On the one hand, an overly pro-shareholder derivative scheme is vulnerable to abuse and results in unnecessary interference with company management. This may, in turn, discourage directors from entrepreneurial risk-taking and undermine enterprise efficiency. On the other hand, a complex and ineffective system of derivative litigation protects errant directors and decreases investor confidence. This article is a critical assessment of Zimbabwe's recently adopted statutory derivative remedy. The analysis focuses on five locus standi-related aspects of the new statutory derivative regime. The article highlights some major weaknesses within Zimbabwe's statutory remedy and proposes pertinent legislative amendments.
{"title":"A Critical Assessment of Pertinent Locus Standi Features of the Derivative Remedy under Zimbabwe's New Companies and Other Business Entities Act","authors":"Friedrich Hamadziripi, P. Osode","doi":"10.1017/S0021855321000516","DOIUrl":"https://doi.org/10.1017/S0021855321000516","url":null,"abstract":"Abstract The importance and contribution of derivative litigation to the effectiveness and credibility of a jurisdiction's corporate governance system is indisputable. There is a positive correlation between good corporate governance practices, which include shareholders’ rights, and investors’ return on their investments. On the one hand, an overly pro-shareholder derivative scheme is vulnerable to abuse and results in unnecessary interference with company management. This may, in turn, discourage directors from entrepreneurial risk-taking and undermine enterprise efficiency. On the other hand, a complex and ineffective system of derivative litigation protects errant directors and decreases investor confidence. This article is a critical assessment of Zimbabwe's recently adopted statutory derivative remedy. The analysis focuses on five locus standi-related aspects of the new statutory derivative regime. The article highlights some major weaknesses within Zimbabwe's statutory remedy and proposes pertinent legislative amendments.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"315 - 338"},"PeriodicalIF":0.4,"publicationDate":"2022-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46168007","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 : 2021-12-27DOI: 10.1017/S0021855321000504
Oyeniyi Abe
Abstract This article examines the framework of Nigeria's local content laws and policy, and the implications for sustainable development. The legislation is geared towards safeguarding local productivity and aiding the progressive aspirations of Nigeria's citizens. While commendable in principle, there have been questions about policy articulation, implementation and enforcement mechanisms, especially with regard to the Sustainable Development Goals. The article examines the local content legislation in Nigeria, and how policies have shaped the community-corporate nexus. This exposes the challenges facing extractive resource governance in a jurisdiction such as Nigeria and the discourses that have permeated legal scholarship on the practical deference to local content by non-state actors. It considers that well designed and implemented local content requirements are catalysts for structural development. To achieve sustainable development of its extractive sector, Nigeria requires state-led determination to stimulate economic growth and development. The article argues for continuous consultation as a bedrock for meaningful engagement.
{"title":"Local Content Requirements in Nigeria's Extractive Sector and the Implications for Sustainable Development","authors":"Oyeniyi Abe","doi":"10.1017/S0021855321000504","DOIUrl":"https://doi.org/10.1017/S0021855321000504","url":null,"abstract":"Abstract This article examines the framework of Nigeria's local content laws and policy, and the implications for sustainable development. The legislation is geared towards safeguarding local productivity and aiding the progressive aspirations of Nigeria's citizens. While commendable in principle, there have been questions about policy articulation, implementation and enforcement mechanisms, especially with regard to the Sustainable Development Goals. The article examines the local content legislation in Nigeria, and how policies have shaped the community-corporate nexus. This exposes the challenges facing extractive resource governance in a jurisdiction such as Nigeria and the discourses that have permeated legal scholarship on the practical deference to local content by non-state actors. It considers that well designed and implemented local content requirements are catalysts for structural development. To achieve sustainable development of its extractive sector, Nigeria requires state-led determination to stimulate economic growth and development. The article argues for continuous consultation as a bedrock for meaningful engagement.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"73 - 96"},"PeriodicalIF":0.4,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45814914","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 : 2021-12-01DOI: 10.1017/S0021855321000401
Felix Dube, Anel Du Plessis
Abstract This article analyses how emergency regulations protected persons living in urban poverty, particularly unlawful occupiers, from eviction during the COVID-19 pandemic in South Africa. It is set against the socio-economic and environmental effects of unlawful occupiers being forced onto the streets through evictions. It examines the judicial interpretation and application of the COVID-19 regulations on the prohibition of the eviction of unlawful occupiers, together with remedies for compensation for demolished dwellings. Ultimately, the article shows that the regulatory and judicial responses to the pandemic were pro-poor and sought to protect human dignity, the right to life, and the right to an environment that is not detrimental to human health and well-being. The responses safeguarded access to housing at a time when many vulnerable people could have been rendered homeless by eviction and the demolition of their dwellings.
{"title":"Unlawful Occupiers, Eviction and the National State of Disaster: Considering South Africa's Emergency Legislation and Jurisprudence During COVID-19","authors":"Felix Dube, Anel Du Plessis","doi":"10.1017/S0021855321000401","DOIUrl":"https://doi.org/10.1017/S0021855321000401","url":null,"abstract":"Abstract This article analyses how emergency regulations protected persons living in urban poverty, particularly unlawful occupiers, from eviction during the COVID-19 pandemic in South Africa. It is set against the socio-economic and environmental effects of unlawful occupiers being forced onto the streets through evictions. It examines the judicial interpretation and application of the COVID-19 regulations on the prohibition of the eviction of unlawful occupiers, together with remedies for compensation for demolished dwellings. Ultimately, the article shows that the regulatory and judicial responses to the pandemic were pro-poor and sought to protect human dignity, the right to life, and the right to an environment that is not detrimental to human health and well-being. The responses safeguarded access to housing at a time when many vulnerable people could have been rendered homeless by eviction and the demolition of their dwellings.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"65 1","pages":"333 - 346"},"PeriodicalIF":0.4,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42434910","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 : 2021-12-01DOI: 10.1017/S0021855321000437
E. Durojaye, O. Lwabukuna, Lutz Oette, Sope Williams-Elegbe
In late February 2021, “all 47 countries [in the World Health Organization (WHO) African region] had reported a total of 2,789,965 confirmed cases and 71,204 deaths with case fatality rate of 2.6%”.1 With limited availability of vaccines and the spread of variants, the WHO concluded in April 2021 that “the risk associated with further spread of the SARS-CoV-2 VOCs in the African Region is currently assessed as high to very high for the overall population and very high for vulnerable individuals”.2 The COVID-19 pandemic and the responses to it have generated common challenges and tensions, particularly concerning the relationship between public health measures on the one hand and the need to protect human rights and secure livelihoods on the other. [...]the pandemic has deepened inequality in many African countries, pushing vulnerable and marginalized groups further into poverty.3 Across Africa, these challenges have played out in distinctive local, national and transnational settings in which developments have been shaped by underlying structural factors and situation-specific dynamics and responses. Exploring the challenges posed by the need to secure access to COVID-19 vaccines, including the need to integrate intellectual property rights with public health policies, he recommends the adoption of a government use provision under the Nigerian Patents and Designs Act. In an important finding on the impact of public health emergencies on political transitions, he argues that the outbreak of the pandemic during the transition simultaneously aggravated the impact of COVID-19 and slowed down, if not jeopardised, the implementation of the constitutional declaration and a series of legislative reform and justice measures.
{"title":"Introduction: COVID-19 and the Law in Africa","authors":"E. Durojaye, O. Lwabukuna, Lutz Oette, Sope Williams-Elegbe","doi":"10.1017/S0021855321000437","DOIUrl":"https://doi.org/10.1017/S0021855321000437","url":null,"abstract":"In late February 2021, “all 47 countries [in the World Health Organization (WHO) African region] had reported a total of 2,789,965 confirmed cases and 71,204 deaths with case fatality rate of 2.6%”.1 With limited availability of vaccines and the spread of variants, the WHO concluded in April 2021 that “the risk associated with further spread of the SARS-CoV-2 VOCs in the African Region is currently assessed as high to very high for the overall population and very high for vulnerable individuals”.2 The COVID-19 pandemic and the responses to it have generated common challenges and tensions, particularly concerning the relationship between public health measures on the one hand and the need to protect human rights and secure livelihoods on the other. [...]the pandemic has deepened inequality in many African countries, pushing vulnerable and marginalized groups further into poverty.3 Across Africa, these challenges have played out in distinctive local, national and transnational settings in which developments have been shaped by underlying structural factors and situation-specific dynamics and responses. Exploring the challenges posed by the need to secure access to COVID-19 vaccines, including the need to integrate intellectual property rights with public health policies, he recommends the adoption of a government use provision under the Nigerian Patents and Designs Act. In an important finding on the impact of public health emergencies on political transitions, he argues that the outbreak of the pandemic during the transition simultaneously aggravated the impact of COVID-19 and slowed down, if not jeopardised, the implementation of the constitutional declaration and a series of legislative reform and justice measures.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"65 1","pages":"173 - 180"},"PeriodicalIF":0.4,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47383108","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 : 2021-11-02DOI: 10.1017/s0021855321000413
Motseotsile Clement Marumoagae
Abstract This article discusses the law regulating living annuities when spouses in South Africa are divorcing. It demonstrates that South African courts have interpreted the law to prejudice non-member spouses financially. It argues that courts have failed to consider matrimonial principles when determining whether living annuities are susceptible to being shared on divorce. It argues further that adequate consideration of matrimonial principles will render it impossible for retirement fund members to prejudice their spouses financially by purchasing living annuities without the consent of such spouses, particularly when married in community of property. Disregarding matrimonial law principles may lead to deprivation of property.
{"title":"Deprivation of Retirement Benefits on Divorce through Living Annuities in South Africa","authors":"Motseotsile Clement Marumoagae","doi":"10.1017/s0021855321000413","DOIUrl":"https://doi.org/10.1017/s0021855321000413","url":null,"abstract":"Abstract This article discusses the law regulating living annuities when spouses in South Africa are divorcing. It demonstrates that South African courts have interpreted the law to prejudice non-member spouses financially. It argues that courts have failed to consider matrimonial principles when determining whether living annuities are susceptible to being shared on divorce. It argues further that adequate consideration of matrimonial principles will render it impossible for retirement fund members to prejudice their spouses financially by purchasing living annuities without the consent of such spouses, particularly when married in community of property. Disregarding matrimonial law principles may lead to deprivation of property.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"151 - 174"},"PeriodicalIF":0.4,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44100322","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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