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Journal articles on the topic 'Culture and law – Swaziland'

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Published: 4 June 2021
Last updated: 1 February 2022

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1

Debly, Teresa. "Culture and resistance in Swaziland." Journal of Contemporary African Studies 32, no. 3 (July 3, 2014): 284–301. http://dx.doi.org/10.1080/02589001.2014.956496.

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2

Sanders, A. J. G. M. "Law Reporting in Swaziland." Journal of African Law 29, no. 1 (1985): 94–101. http://dx.doi.org/10.1017/s0021855300005659.

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The doctrine of judicial precedent forms an integral part of the general law of Swaziland. This doctrine would be unworkable without the publication of law reports. The following is an account of the Swaziland law-reporting process.The Kingdom of Swaziland, which regained its independence on 6 September, 1968, has retained the dual structure of laws and courts which it inherited from the British administration. In terms of this structure the traditional Swazi law and Swazi courts operate under the umbrella of the general law and the ultimate control of the general law courts.The country's general law is based on the Roman–Dutch law. When the British found that Civilian system of law to be well-established on their arrival in Southern Africa, they decided to respect it. However, many elements of English law were introduced. The doctrine of judicial precedent was one of them.Even though Swaziland shares with South Africa (including its “independent homelands”), Botswana, Lesotho, Namibia and Zimbabwe a mixed general legal system which resulted from the interaction between the Roman–Dutch Civilian law and the English Common law, its general law operates independently.
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3

MAROLENG, CHRIS. "SWAZILAND." African Security Review 12, no. 3 (January 2003): 45–48. http://dx.doi.org/10.1080/10246029.2003.9627233.

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4

Okpaluba, Chuks. "Labour adjudication in Swaziland: the exclusive jurisdiction of the Industrial Court." Journal of African Law 43, no. 2 (1999): 184–200. http://dx.doi.org/10.1017/s0021855300011335.

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When the Industrial Relations Act was enacted in Swaziland in 1980 its express object was to provide for the collective negotiation of terms and conditions of employment and for the establishment of an Industrial Court for the settlement of disputes arising out of employment. In turn, the avowed purpose for the establishment of the Industrial Court as the nerve centre and most important institution established by the legislative scheme was, and still is, “for the furtherance, securing and maintenance of good industrial relations and employment conditions in Swaziland”. As in the case of other industrial courts and labour adjudicatory institutions with special and limited jurisdiction elsewhere, issues surrounding the jurisdiction of the Industrial Court of Swaziland have given rise to a measure of controversy.
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5

Curry, John J., and Rebecca Huss-Ashmore. "Diet, Nutrition, and the Culture of Agriculture in Swaziland." Culture & Agriculture 10, no. 39 (September 1989): 2–6. http://dx.doi.org/10.1525/cuag.1989.10.39.2.

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6

Curry, John J., and Rebecca Huss-Ashmore. "Diet, Nutrition, and the Culture of Agriculture in Swaziland." Culture Agriculture -, no. 39 (September 1989): 2–6. http://dx.doi.org/10.1525/cag.1989.-.39.2.

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7

Baloro, John. "The Development of Swaziland's Constitution: Monarchical Responses to Modern Challenges." Journal of African Law 38, no. 1 (1994): 19–34. http://dx.doi.org/10.1017/s0021855300011438.

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At independence in 1968, the monarchy in Swaziland did not suffer the fate of traditional rulers in most of independent Africa whose powers were severely curtailed and subordinated to those of the nationalist leaders. In Swaziland, the King's pre-eminence as the head of the ruling Dlamini clan was constitutionally enshrined within the overall set-up of a constitutional monarchy. The monarchy's control over the strategic resources of the country such as land and mineral resources was also entrenched in the Constitution. Furthermore, the domination of the political scene by the royalist party, the Imbokodvo National Movement, consolidated the King's political powers far beyond what was possibly intended under the dispensation of a constitutional monarchy. As soon as the opposition gained three seats in Parliament, this was seen as a challenge to the power, prestige and authority of the King. It then became easy for the 1968 Independence Constitution to be targeted as a colonial imposition lacking authority as a source of legitimate governance in the country.
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8

Mhango, Mtendeweka, and P. Thejane. "Provisional Registration of a Retirement Fund under Scrutiny in Swaziland." African Journal of Legal Studies 5, no. 1 (2012): 45–61. http://dx.doi.org/10.1163/170873812x626090.

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Abstract Recently the Industrial Court of Swaziland was faced with a complaint in Mngadi v Motor Vehicle Accident Fund’s Pension Fund, which raised two important issues of first impression in Swaziland retirement law. This note discusses the significance and effects of Mngadi on provisional registration of retirement funds in Swaziland. It argues that Mngadi should be welcomed because it clarifies the significance of the need for retirement funds to operate in accordance with their registered rules. The note also discusses the problems with the Registrar’s power to issue a provisional certificate of registration under Section 5 in light of the problems that emerged in Mngadi. The note argues that Mngadi should be welcomed because it highlights the characteristics of a defined benefit fund, and implicitly distinguishes it from a defined contribution fund. While Mngadi should generally be welcomed, the Industrial Court should be criticised for its failure to develop the law.
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9

Crush, Jonathan. "The culture of failure: racism, violence and white farming in colonial Swaziland." Journal of Historical Geography 22, no. 2 (April 1996): 177–97. http://dx.doi.org/10.1006/jhge.1996.0012.

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10

Vincent, Kerry. "“Reduced by Writing”: Imperial Discourse, Oral Culture, and Contemporary Media in Swaziland." Journal of the African Literature Association 1, no. 2 (January 2007): 140–49. http://dx.doi.org/10.1080/21674736.2007.11690052.

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11

Dlamini, Sabelo, and H. Bimha. "The Effectiveness of youth Entrepreneurship Programmes in Enhancing an Entrepreneurial Culture in Swaziland." IOSR Journal of Research & Method in Education (IOSRJRME) 07, no. 03 (June 2017): 73–82. http://dx.doi.org/10.9790/7388-0703047382.

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12

Kyed, Helene Maria. "Street Authorities: Community Policing in Mozambique and Swaziland." PoLAR: Political and Legal Anthropology Review 41, S1 (September 2018): 19–34. http://dx.doi.org/10.1111/plar.12251.

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13

Rwelamira, Medard R. "Corroboration of Accomplice Evidence in Swaziland: Some Thoughts on Judicial Interpretations and their Implications." Journal of African Law 36, no. 1 (1992): 52–65. http://dx.doi.org/10.1017/s0021855300009736.

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The recent decision by Justice Francis Rooney of the High Court of Swaziland in the case of Rex v. Simon Dvuba has once again brought to the fore the need to re-examine the law governing accomplice evidence and its relevance to the contemporary situation in Swaziland. In that case, the accused was charged with the murder of his brother, Mxolisi, Chief of Mpolonjeni area in the Hhohho District. It was alleged that after Mxolisi's death certain parts of his body were cut away with the intention of using them for preparing ritual muthi, mainly to enhance the accused's chances of succession to the chieftaincy to which he asserted a claim of right. Ritual murder is an offence committed in private and parties bind themselves to utmost secrecy. During the trial, four witnesses gave evidence implicating the accused. Three of them claimed to have been told by him in advance of the murder that he wanted to kill the deceased. The fourth one went even further and testified that the accused admitted to her that he was responsible. What the court found surprising was that none of the witnesses warned the deceased of his impending fate or bothered to report the matter to the relevant authorities.
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14

Armstrong, Alice K. "Access to Health Care and Family Planning in Swaziland: Law and Practice." Studies in Family Planning 18, no. 6 (November 1987): 371. http://dx.doi.org/10.2307/1966603.

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15

Maibvise, C., and T. R. Mavundla. "THE INFLUENCE OF RELIGION IN THE UPTAKE OF MALE CIRCUMCISION AS AN HIV PREVENTION STRATEGY IN SWAZILAND." Africa Journal of Nursing and Midwifery 16, no. 1 (September 10, 2016): 103–15. http://dx.doi.org/10.25159/2520-5293/1491.

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Circumcision has been practised for centuries among various groups of people world-wide, mainly for religious, traditional, hygienic or medical reasons. However, this practice was rare in Swaziland. Following recommendations by the World Health Organisation that circumcision should be added as an additional strategy for HIV prevention, the country embarked on mass male circumcision campaigns, aimed at scaling up the practice nationwide. Apparently the turnup for the procedure is below the set targets. Knowledge of factors that influence the uptake of circumcision is necessary in order to maximise the success of the strategy. This study aimed at assessing the influence of religion and/or culture on perception and hence uptake of circumcision in Swaziland. An explorative qualitative research design was used, in which in-depth face-toface interviews were conducted on seventeen participants individually. Results showed thatChristianity and African Traditional Religion are the dominant religions in Swaziland and each of them has both a negative and a positive influence on the perception of, and hence the decision to be, circumcised. This depended on the individuals’ interpretation and understanding of the doctrine of their religion or denomination. It was recommended that the identified positive influences be capitalised on to promote circumcision.
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16

Cotterrell, Roger. "Law in Culture." Ratio Juris 17, no. 1 (March 2004): 1–14. http://dx.doi.org/10.1111/j.0952-1917.2004.00251.x.

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17

MORROW, J. "Law and Culture." Year's Work in Critical and Cultural Theory 5, no. 1 (January 1, 1995): 274–303. http://dx.doi.org/10.1093/ywcct/5.1.274.

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18

Sack, Peter. "Law, Language, Culture." Journal of Legal Pluralism and Unofficial Law 30, no. 41 (January 1998): 15–35. http://dx.doi.org/10.1080/07329113.1998.10756504.

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19

Naylor, Bronwyn, Stephen Gray, Stephen M. Young, Tania Leiman, Sean Mulcahy, and Jennifer Y. Levy-Peck. "Law & Culture." Alternative Law Journal 42, no. 1 (March 2017): 77–83. http://dx.doi.org/10.1177/1037969x17698312.

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20

Serry, Bradley. "Law & Culture." Alternative Law Journal 44, no. 1 (March 2019): 84–88. http://dx.doi.org/10.1177/1037969x19834175.

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21

Nikias, Kyriaco. "Law & Culture." Alternative Law Journal 44, no. 2 (June 2019): 166–70. http://dx.doi.org/10.1177/1037969x19854607.

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22

Babie, Paul. "Law & Culture." Alternative Law Journal 44, no. 3 (August 29, 2019): 252–55. http://dx.doi.org/10.1177/1037969x19872331.

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23

Rwelamira, Medard R. "Murder without Corpus Delicti: A Brief Excursus on Circumstantial Evidence." Journal of African Law 36, no. 2 (1992): 132–39. http://dx.doi.org/10.1017/s0021855300009852.

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This comment sets out to re-examine the problems associated with circumstantial evidence in instances of murder where there is no trace of a body or corpus delicti. This curiosity has been rekindled by the recent decision of Rooney, Ag. C. J., of the High Court of Swaziland in the case of King v. John Spokes Lawrence Madeleke. Besides the bizarre events which characterize its details, the case has brought to the fore once again the need to re-examine the principles underlying circumstantial evidence. Of particular interest is the basis of relying on such evidence as well as the weight to be attached to it particularly if it is the only basis on which a conviction on charge of murder is sustained. It is also contended that the decision in the Madeleke case, the first of its kind in Swaziland judicial history, has implications which go beyond its jurisdictional boundaries. Swaziland's juridical ties with Roman-Dutch law make the arguments interesting, especially for those concerned with comparative jurisprudence in the neighbouring states including South Africa.It is first important to review briefly the relevant facts. In Madeleke the accused was charged with and subsequently convicted of the murder of his wife, Sheila, on the night following 17 January, 1991. The case for the prosecution was that Sheila was dead, murdered by her husband. To establish this proposition the Crown relied entirely upon circumstantial evidence. The most significant was that given by Thulie, the domestic servant of the accused.
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24

van der Zaag, Pieter, and Álvaro Carmo Vaz. "Sharing the Incomati waters: cooperation and competition in the balance." Water Policy 5, no. 4 (August 1, 2003): 349–68. http://dx.doi.org/10.2166/wp.2003.0021.

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The water resources of the Incomati river basin, shared between South Africa, Swaziland and Mozambique, are intensively used. Moreover, the basin is situated in a part of Africa that over the last 40 years has experienced a dynamic, sometimes turbulent and volatile, political history. Both ingredients might have been sufficient for the emergence of confrontations over water. Tensions between Mozambique, South Africa and Swaziland over Incomati waters existed but never escalated. This case study attempts to explain why cooperation prevailed, by presenting information about the natural characteristics of the basin, its political history, water developments and the negotiations that took place during the period 1967–2002. The paper provides four explanations why tensions did not escalate and cooperation prevailed. It is concluded that the developments in the Incomati basin support the hypothesis that water drives peoples and countries towards cooperation. Increased water use has indeed led to rising cooperation. When the next drought comes and Mozambique, South Africa and Swaziland enforce their recently concluded agreement, and voluntarily decrease those water uses deemed less essential, then the hypothesis has to be accepted.
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25

Matondo, Jonathan I. "Generating information required in climate change studies in Swaziland." Water International 35, no. 2 (April 13, 2010): 223–32. http://dx.doi.org/10.1080/02508061003664401.

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26

Ndwandwe, Sandile, and Ruey-Chee Weng. "Competitive Analyses of the Pig Industry in Swaziland." Sustainability 10, no. 12 (November 24, 2018): 4402. http://dx.doi.org/10.3390/su10124402.

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Over recent decades, Swaziland’s pork industry has been stagnant, failing to meet the domestic demand for pork. It is only in recent years that the number of pig farmers has increased rapidly, with smallholder farmers taking the lead. However, while higher demand for pork could lead to opportunities for growth, with uncertain future markets, increased pig production capacity could subject farmers to extreme market competition and failure to sell their produce. This study used a survey and SWOT analysis to assess the current pig production and market performance of smallholder farms in Swaziland. To quantify SWOT factors, the Analytical Hierarchy Process (AHP) was used to derive priorities for subsequent formulation of potential pig production strategies that are resilient both to market and climate changes. Strategy formulation was based on Porter’s cost leadership strategy. The findings revealed that, currently, the pig industry is attractive, and that the present is probably the best time for smallholder farmers to maximize their profits. Unfortunately, the industry was found to be threatened by the expected increase in production capacity, future market competition, and the socio-environmental challenges associated with expansion. Despite this, the findings suggest that smallholder farmers can survive future market challenges by strategically using agro-industrial by-products as alternative feed ingredients to reduce production cost. The formation of farmers’ associations could benefit smallholder farmers through economies of scale, processing and product value addition, and increased access to markets, and unity could strengthen their position in the market when bargaining for better prices.
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27

Coetzee, SA, and CV Mbanze. "Merging into a Private University: Law Regulating the Transfer of Academic Employees in Swaziland." Journal of Asian and African Studies 49, no. 5 (November 17, 2013): 584–96. http://dx.doi.org/10.1177/0021909613507043.

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28

Mancoba, Dlamini Phesheya, Annette Mentasti, and Anis Mahomed Karodia. "The Impact of Organisational Culture on the Strategy and Organisational Effectiveness of the Swaziland Revenue Authority." Singaporean Journal of Business , Economics and Management Studies 3, no. 7 (February 2015): 88–124. http://dx.doi.org/10.12816/0010966.

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29

Bernstein, Anita. "Law, Culture, and Harassment." University of Pennsylvania Law Review 142, no. 4 (April 1994): 1227. http://dx.doi.org/10.2307/3312453.

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30

Buchwaiter, Andrew. "Law, Culture, and Constitutionalism." Proceedings of the Hegel Society of America 15 (2001): 207–27. http://dx.doi.org/10.5840/hsaproceedings20011511.

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31

Berman, Paul Schiff. "Law, Culture, and Community." PoLAR: Political and Legal Anthropology Review 23, no. 2 (November 2000): 170–77. http://dx.doi.org/10.1525/pol.2000.23.2.170.

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32

Sberro, S. "Culture and International Law." European Journal of International Law 20, no. 2 (April 1, 2009): 463–65. http://dx.doi.org/10.1093/ejil/chp018.

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33

Zhang, Minjie, Feng Zhan, Sofia Johan, and Douglas Cumming. "Law, culture and finance." International Journal of Managerial Finance 15, no. 3 (June 3, 2019): 274–84. http://dx.doi.org/10.1108/ijmf-06-2019-327.

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34

Armstrong, Alice. "Maintenance Statutes in Six Countries in Southern Africa." Journal of African Law 34, no. 2 (1990): 132–44. http://dx.doi.org/10.1017/s0021855300008275.

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This article will analyse the legislative provisions relating to financial maintenance for women and children in six countries of southern Africa: Botswana, Lesotho, Mozambique, Swaziland, Zambia and Zimbabwe. These are the six countries involved in the Women and Law in Southern Africa research project, a comparative research project and network of researchers in the region. For the first two-year phase of the project, 1990–1991, the project is studying maintenance laws, their application and administration, and the attitudes, customs and practices which influence maintenance law in the six countries. This article is a background paper for that project, which will by analysing legislative provisions give the researchers in the project an idea of some of the various options for law reform.
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35

Osunade, M. A. Adewole. "Indigenous Grass Ecology and Socio-Economic Values in Swaziland." Journal of Environmental Management 41, no. 4 (August 1994): 283–92. http://dx.doi.org/10.1006/jema.1994.1048.

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36

Stringer, Lindsay C. "Testing the orthodoxies of land degradation policy in Swaziland." Land Use Policy 26, no. 2 (April 2009): 157–68. http://dx.doi.org/10.1016/j.landusepol.2008.01.008.

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37

Friedman, Lawrence M. "Law, Lawyers, and Popular Culture." Yale Law Journal 98, no. 8 (June 1989): 1579. http://dx.doi.org/10.2307/796606.

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38

Rokumoto, Kahei. "Law and Culture in Transition." American Journal of Comparative Law 49, no. 4 (2001): 545. http://dx.doi.org/10.2307/841049.

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39

"The Kingdom of Swaziland ratifies the Protocols." International Review of the Red Cross 35, no. 309 (December 1995): 678. http://dx.doi.org/10.1017/s0020860400087301.

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40

"Southern and Eastern African Money Laundering Conference." Journal of African Law 41, no. 1 (1997): 150–51. http://dx.doi.org/10.1017/s0021855300010123.

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Representatives of 13 African countries attended the first such conference in Cape Town, South Africa on 1–3 October, 1996. These were Botswana, Kenya, Lesotho, Malawi, Mauritius, Namibia, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. Representatives of several members of the Financial Action Task Force (FATF) were also present, namely Canada, France, Italy, Portugal, United Kingdom and United States.
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41

"African Regional Industrial Property Organisation (ARIPO) and the Banjul Protocol." Journal of African Law 41, no. 2 (1997): 252–53. http://dx.doi.org/10.1017/s0021855300009517.

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The Banjul Protocol on Marks Within the Framework of the African Regional Industrial Property Organisation was adopted by the Administrative Council of ARIPO at its Seventeenth Session held at Banjul, The Gambia in November 1993 and the Regulations by the Administrative Council at its Nineteenth Session held at Kariba, Zimbabwe in November 1995. Parties to the Protocol, which came into force on 6 March, 1997, are Malawi, Swaziland and Zimbabwe.
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42

"Corrigendum: The Kingdom of Swaziland and the Additional Protocols of 1977." International Review of the Red Cross 36, no. 311 (April 1996): 247. http://dx.doi.org/10.1017/s0020860400084175.

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43

"Law & Culture." Alternative Law Journal 33, no. 4 (December 2008): 260–62. http://dx.doi.org/10.1177/1037969x0803300418.

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44

"Law & Culture." Alternative Law Journal 32, no. 1 (March 2007): 57–60. http://dx.doi.org/10.1177/1037969x0703200119.

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45

"Law & Culture." Alternative Law Journal 32, no. 2 (June 2007): 123–26. http://dx.doi.org/10.1177/1037969x0703200217.

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46

"Law & Culture." Alternative Law Journal 32, no. 3 (September 2007): 188–92. http://dx.doi.org/10.1177/1037969x0703200318.

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47

"Law & Culture." Alternative Law Journal 32, no. 4 (December 2007): 250–54. http://dx.doi.org/10.1177/1037969x0703200417.

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48

"Law & Culture." Alternative Law Journal 33, no. 1 (March 2008): 57–60. http://dx.doi.org/10.1177/1037969x0803300114.

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49

"Law & Culture." Alternative Law Journal 33, no. 2 (June 2008): 124–26. http://dx.doi.org/10.1177/1037969x0803300218.

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50

"Law & Culture." Alternative Law Journal 33, no. 3 (September 2008): 185–87. http://dx.doi.org/10.1177/1037969x0803300315.

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