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Journal articles on the topic 'Law, Bamileke (African people)'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 July 2025

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1

Antón Sánchez, John Herlyn. "Latin American International Law and Afro-Descendant Peoples." AJIL Unbound 116 (2022): 334–39. http://dx.doi.org/10.1017/aju.2022.51.

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After the Third World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance, held by the United Nations in Durban, South Africa, in 2001, an important movement emerged. The African diaspora communities in the Americas, or “Afro-descendants,” as they prefer to self-identify, began to seek legal recognition in the context of international human rights law, and especially within the inter-American human rights system. Progress has been remarkable, including the rulings of the Inter-American Court of Human Rights, changes in the constitutional and legal systems of L

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Porter, Angi. "Africana Legal Studies: A New Theoretical Approach to Law & Protocol." Michigan Journal of Race & Law, no. 27.2 (2022): 249. http://dx.doi.org/10.36643/mjrl.27.2.africana.

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“African people have produced the same general types of institutions for understanding and ordering their worlds as every other group of human beings. Though this should be obvious, the fact that we must go to great lengths to recognize and then demonstrate it speaks to the potent and invisible effect of the enslavement and colonization of African people over the last 500 years.” – Greg Carr

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Nwanna, Clifford Ezekwe. "The Awka Civil War (1902–1904) and the Legal Basis for Its Resolution." Matatu 48, no. 2 (2016): 301–8. http://dx.doi.org/10.1163/18757421-04802005.

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Most Western legal philosophers did not have Africa in mind when institutionalzing the meaning of law; hence, they consider African customary law as obscure and undesirable. This Western notion of the African judicial system is misleading—there was no record of breakdown of law and order in pre-colonial Africa, where only customary laws operated. This essay examines the consequences of the imposition of the Western legal system on Africa using the Awka civil war (1900–1904) as an example. The study reveals that the African traditional legal system was broadly accepted by the people as a means

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Bapela, Mpho Paulos, and Vineeni Mthombeni. "Using Margaret Archer's sociological concepts of structure, culture, and agency to investigate the dissemination of customary marriage literature in South African Higher Education Institutions." De Jure 58, no. 1 (2025): 14–31. https://doi.org/10.17159/2225-7160/2025/v58a2.

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Before colonialism, apartheid, and democracy, customary marriages were regulated by customs and practices under living customary law. The advent of these systems introduced official customary law. This introduction brought about changes to customary marriages, which are known and understood by the people of South Africa who subscribe to living customary law. The existence of official customary law as a result of actions from colonialism, apartheid, and democracy impacted the literature of customary marriages that is disseminated by South African Higher Education Institutions (HEIs). These inst

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M Maithufi (In Memory) and CA Maimela. "Teaching the “Other Law” in a South African University: Some Problems Encountered and Possible Solutions." Obiter 41, no. 1 (2020): 1–9. http://dx.doi.org/10.17159/obiter.v41i1.10545.

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African customary law is a legal system that is recognised in South Africa and forms part of the law of the indigenous people of South Africa. Due to colonialism and apartheid, this legal system was rejected and underdeveloped in favour of common law. The supremacy of the Constitution and its recognition of African customary law as an independent legal system, separate from the common law, aimed to correct past injustices that flowed from the underdevelopment of this important legal system. Whether the Constitution and higher learning institutions have attained the goal of developing African c

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Weldehaimanot, Simon M. "African Law of Coups and the Situation in Eritrea: A Test for the African Union's Commitment to Democracy." Journal of African Law 54, no. 2 (2010): 232–57. http://dx.doi.org/10.1017/s0021855310000069.

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AbstractThis article contends that the severely repressive manner in which Eritrea has been governed in the last ten years violates the right of the Eritrean people to democratic governance. In particular, the refusal of the transitional Government of Eritrea (GoE) to end its transitional tenure in utter defiance of its own promises, transitional laws and the Constitution of Eritrea fits the definition of unconstitutional change of government proscribed by the African Union (AU). This article calls upon the AU's Peace and Security Council to urge the GoE expeditiously to establish democratic g

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Himonga, Chuma, and Fatimata Diallo. "Decolonisation and Teaching Law in Africa with Special Reference to Living Customary Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (October 30, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3267.

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The student protests in South African Universities, which started in 2015, demanded the decolonisation of certain aspects of higher education. While the primary demand is free education, issues of the curriculum and transformation connected with the country's history of colonialism and apartheid have also surfaced. In the field of law, demands for curriculum change are accompanied by the broad issue of the decolonisation of law, translating into questions of legal history, the concept of law, the role of law in African societies, the status of indigenous systems of law in the post-independent/

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TCHANA, Anthony NZOUEDJA PhD. "African Law and The Status of Women's Access to Justice in Cameroon." International Journal of Innovative Research in Multidisciplinary Education 03, no. 06 (2024): 978–92. https://doi.org/10.5281/zenodo.11565470.

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The sources of law in most African countries are customary law, the received laws and legislation both colonial andpost-independence. In a typical African country as is the case with Cameroon, the great majority of people conduct their personalactivities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard tomatters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some ofits norms conflict with human rights norms guaranteeing equality between men and women. While

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Oke-Chinda, Mercy. "Deploying the African Union’s Legal Mechanisms for the Effective Protection of Internally Displaced Women from Sexual Violence." African Journal of International and Comparative Law 32, no. 1 (2024): 48–65. http://dx.doi.org/10.3366/ajicl.2024.0473.

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The problem of internal displacement is a regional challenge and cannot be left in the hands of only one country. A critical question that this paper will attempt to answer is: Does the adoption of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa hold the key to the protection and assistance of conflict-induced female IDPs in Nigeria? An attempt is made to provide answers to whether human rights treaties, in fact, make any impact on the l

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D'Sa, Rose M. "Human and Peoples′ Rights: Distinctive Features of the African Charter." Journal of African Law 29, no. 1 (1985): 72–81. http://dx.doi.org/10.1017/s0021855300005635.

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The African Charter on Human and Peoples' Rights was adopted unanimously in June, 1981, by the Organisation of African Unity (O.A.U.). Although it is not yet in force its adoption represents an important landmark in the protection and promotion of human rights on the African continent. The O.A.U. has in the past been sharply criticized for its apparent indifference to the suppression of human rights in a number of independent African States. Although the founding Charter of the O.A.U. of 1961 makes reference to the issue of human rights in Article II l (e) and also mentions in general terms th

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Mokgoro, Y. "Ubuntu and the law in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (2017): 16. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2897.

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The new constitutional dispensation, like the idea of freedom in South Africa, is also not free of scepticism. Many a time when crime and criminal activity are rife, sceptics would lament the absence of ubuntu in society and attribute this absence to what they view as the permissiveness which is said to have been brought about by the Constitution with its entrenched Bill of Rights. Firstly, I would like to take this opportunity and (attempt to) demonstrate the irony that the absence of the values of ubuntu in society that people often lament about and attribute to the existence of the Constitu

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Sanders, A. J. G. M. "The Freedom Charter and Ethnicity— towards a Communitarian South African Society." Journal of African Law 33, no. 1 (1989): 105–15. http://dx.doi.org/10.1017/s0021855300008020.

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At national as well as international level the South African Freedom Charter has become a symbol of the long-standing struggle against apartheid. In this essay the emphasis will be on the charter's provisions relating to ethnicity. The question of ethnicity is a crucial one, for on its solution depends the outcome of the economic and other social problems which trouble South African society.The 1955 Freedom Charter, which was the outcome of a joint venture of the African National Congress (A.N.C.), the South African Indian Congress, the South African Coloured People's Organisation and the pred

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Ellmann, Stephen. "Law in and Legitimacy South Africa." Law & Social Inquiry 20, no. 02 (1995): 407–79. http://dx.doi.org/10.1111/j.1747-4469.1995.tb01068.x.

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This mticle examines whether anti-apartheid lawyering might have legitimized the South Afncan legal system by asking what black South Ahcans actually thought of that system. Perhaps surprisingly, blrcks, and in particular African, appear to have accorded the legal system a measure of legitimacy despite the oppression they often suffered at its hands. Three paradigms of African opinion are offered to help us understand the complex African response to the legal system: the conservatives, forbearing, mutely concerned with such issues as order and security, and perhaps disposed to be deferential t

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Diala, Anthony Chima. "Curriculum Decolonisation and Revisionist Pedagogy of African Customary Law." Potchefstroom Electronic Law Journal 22 (November 13, 2019): 1–37. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4976.

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Fees-related protests in South African universities have pushed the decolonisation of the law curriculum to the front burner of academic discourse. As part of the curriculum, African customary law was marginalised in the courts, distorted by policy makers, and largely labelled as unfriendly to women and younger male children in issues of marriage, property, and succession. However, this normative system is shaped by the manner in which people adapt norms with agrarian origins to the socio-economic changes caused by colonial rule. In this historical context, scholars focus more on conflict of l

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Nsereko, Daniel D. Ntanda. "When crime crosses borders: a Southern African perspective." Journal of African Law 41, no. 2 (1997): 192–200. http://dx.doi.org/10.1017/s0021855300009396.

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The countries of Southern Africa are organized under the Southern African Development Community (SADC). They share a common social and cultural affinity, a common historical experience of colonization, and common problems and aspirations. One of their shared problems is crime, both within and across their borders. Cross-border crime is facilitated by their common and often long and open borders, the affinity of their peoples, the improved transport systems by road, rail, air and sea, and die concomitant heavy traffic of persons and goods between the common borders. Regarding this traffic, move

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Dublin, Holly. "Co-chair report: African Elephant Specialist Group." Pachyderm 18 (December 30, 1994): 22–25. http://dx.doi.org/10.69649/pachyderm.v18i1.791.

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Refers to the recent AfESG meeting in Mombasa noting the plenary session and working groups focused on two aspects: the interaction between people and elephants, and the continuing killing of elephant associated with the illegal ivory trade. basic guidelines for collection of field-based information on illegal activites were drawn up. The growing stockpiles of ivory within range states, the decline of law enforcement budgets across the continent were noted. Participants reviewed data relevant for the forthcoming AED.

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Van Onselen, Charles. "The Modernization of the Zuid Afrikaansche Republiek: F. E. T. Krause, J. C. Smuts, and the Struggle for the Johannesburg Public Prosecutor's Office, 1898–1899." Law and History Review 21, no. 3 (2003): 483–526. http://dx.doi.org/10.2307/3595118.

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The southern part of the African continent has, for nearly a hundred and fifty years, been witness to a set of epic struggles to create within it a single unified state and, within that, forms of citizenship that are both identifiably “South African” and more or less collectively owned. The never-ending nature of these twinned tasks has echoes in contemporary mantras about the healthiness of “nation-building,” just as surely as the underlying anemia remains manifest in the name of a place and a people that are, arguably, still more of an expression of geography than a reflection of a collectiv

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Idumwonyi, Itohan Mercy, and Solomon Ijeweimen Ikhidero. "Resurgence of the Traditional Justice System in Postcolonial Benin (Nigeria) Society." African Journal of Legal Studies 6, no. 1 (2013): 123–35. http://dx.doi.org/10.1163/17087384-12342017.

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Abstract Rules and norms of behaviour are common features in human society. This is confirmed by human being’s desire for protection, fairness and mutual respect from fellow humans in their social groups. Recognized authorities whose sanctions are respected help to ensure fairness and mutual respect for each other. For the traditional Benin (African) society, the issue of law and justice is the joint concern of the deities, ancestors and the human members within the society. The aim of this paper, is to examine (i) the relevance of traditional justice system in postcolonial Benin (African) soc

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Mashinini, Nomalanga. "The Impact of Deepfakes on the Right to Identity: A South African Perspective." South African Mercantile Law Journal 32, no. 3 (2020): 407–36. http://dx.doi.org/10.47348/samlj/v32/i3a5.

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The right to identity aims to protect the subjective interests of individuals in their likeness, image, voice, and other distinctive personality attributes. The right to identity is legally recognised in South Africa, but deepfakes have a tendency to devalue this right. Deepfakes are created with deep learning software that enables users to create deceptive videos, sound recordings, and photographs of events and people that are indistinct from reality. This goes against a person’s right to control the use of their likeness. South African law does not directly regulate the creation and publicat

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McQuoid-Mason, D. "Law clinics at African universities: An overview of the service delivery component with passing references to experiences in South and South-East Asia." Journal for Juridical Science 33 (November 13, 2024): 1–24. https://doi.org/10.38140/jjs.v33i.8779.

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Modern forms of live client university law clinics developed in South Africa, Zimbabwe, Ethiopia, Tanzania and Uganda during the 1970's, in Botswana and Nigeria in the 19BO's, in Kenya in the 1990's, and in Lesotho, Zambia, Mozambique, Malawi, Rwanda, Somaliland and Sierra Leone during the new millenium. Not all the clinics survived and several have been recently revived. Some law clinics are student-run, several are run by universities on a voluntary basis, and more recently many have been incorporated into the formal law faculty or law school curriculum. Most of the African law clinics are g

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Kingah, Sevidzem Stephen. "The African Union's Capacity in Promoting Good Governance." International Organizations Law Review 3, no. 2 (2006): 317–40. http://dx.doi.org/10.1163/157237406780331715.

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AbstractIn the spirit of the Constitutive Act of the African Union we must work for a continent characterized by democratic principles and institutions which guarantee popular participation and provide for good governance. Through our actions, let us proclaim to the world that this is a continent of democracy, a continent of democratic institutions and culture. Indeed, a continent of good governance, where the people participate and the rule of law is upheld.

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Masur, Kate. "The People's Welfare, Police Powers, and the Rights of Free People of African Descent." American Journal of Legal History 57, no. 2 (2017): 238–42. http://dx.doi.org/10.1093/ajlh/njx006.

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WHITE, LUISE. "WHIGS AND HUNTERS: THE PATH NOT TAKEN." Journal of African History 58, no. 1 (2017): 51–59. http://dx.doi.org/10.1017/s0021853716000669.

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AbstractE. P. Thompson's Whigs and Hunters has had an enormous impact on African historiography in its articulation of the relationship between property and law and the subsequent criminalization of customary practices. Some of the other themes in this book – indistinct bands of law-breaking peasants, people and animals, notions of the wild, and the near impossibility of commonplace judicial murder in peacetime – have not been taken up. This article argues for a broader engagement with this book and to remind African historians that the many facets and eras of Thompson's scholarship should enc

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Paa Kwame, Asare Larbi. "Justiciability of the Right to Development in Ghana: Mirage or Possibility?" Strathmore Law Review 1, no. 1 (2016): 76–98. http://dx.doi.org/10.52907/slr.v1i1.85.

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An analysis of the debate on the right to development (RTD) suggests that the right is pursued as a solution to solve the problems of poverty and underdevelopment. Thus, this study seeks to determine if at the national level in Ghana, the right to development is a right which is opposable by right-holders against the duty bearers. The Study adopted the Black Letter Law approach in analysing the legal effect of relevant law. This study shows that the African Charter is the only multinational treaty that makes RTD legally enforceable. It also shows that Ghana, which is dualist, has not ratified

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Mbandlwa, Zamokuhle. "Professionalization of Public Service Delivery in the Southern African Region." Journal of Law and Sustainable Development 11, no. 10 (2023): e1797. http://dx.doi.org/10.55908/sdgs.v11i10.1797.

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Background: Public service delivery in Africa has been hijacked by politicians who want to advance their political interests and deploy people, not based on how they can contribute to public service delivery. Most countries in Africa have been classified as corrupt states because of corrupt public officials.  Purpose: The purpose of this article is to show the importance of professionalizing public service delivery by ensuring that the public servants in Africa put the citizens first.  Objective: The objective of this article is to provide suggestions on how African gov

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Bamidele, Seun, and Taiwo Oladeji Adefisoye. "Forced displacement, governance by law, and transnationalism in sub-Saharan Africa." Law, Democracy and Development 28 (January 14, 2025): 312–35. https://doi.org/10.17159/2077-4907/2024/ldd.v28.14.

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Forced displacement is one of the most topical issues in contemporary development and humanitarian studies. Although the displacement of people across national borders and regional boundaries is not new, recent waves of forced displacement in sub-Saharan Africa have swelled numbers in displacement camps and exacerbated the abysmal conditions in these camps, attracting media and scholarly attention. This article contributes to the literature on forced displacement by examining the topic in terms of governance and transnationalism in sub-Saharan Africa. Sub-Saharan Africa is the focus of the art

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Kamolane-Kgadima, Busisiwe, and Thandeka Kathi. "The Mpumalanga Highveld Air Pollution Crisis: A South African Reparations Framework for Environmental State–Corporate Harm." International Journal for Crime, Justice and Social Democracy 13, no. 1 (2024): 1–13. http://dx.doi.org/10.5204/ijcjsd.3245.

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The Highveld region in South Africa’s Mpumalanga province has a dense concentration of coal mines and coal-fired power stations. As a result, the area experiences severe levels of air pollution. Despite the government's obligation, little has been done to remedy the harm experienced by the environment and people in the Highveld. The complexity of the relationship between the state and corporations contributes to the government's reluctance to hold mining companies accountable. Obtaining remedies through courts has also yielded limited success. We, therefore, make a case for the creation of Afr

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Uyang, Moses A. "Pragmatically Advancing The Rule of Law and Security in Africa, Paramount for The Successful Implementation of Italy's Piano Mattei (Mattei Plan) on the Continent." International Journal of Geopolitics and Governance 4, no. 1 (2025): 116–29. https://doi.org/10.37284/ijgg.4.1.2992.

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The objective of this paper underscores the need for the Piano Mattei to have significant focus on advancing the rule of law - eradicating arbitrariness in governance, judicial reforms, security sector reforms, support for Non-governmental organisations (NGOs) legal aid initiatives, encouraging accountability, and tackling the wild spread of politically motivated restiveness in Africa. This is a desktop research that also included direct encounters with two experts on international cooperation between Africa and Europe, as well as information from a conference presentation made in Rome by the

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SERAPHINE, C.S KOMU. "The Concept of Phenomenology of African Mind, The Law of Vital Force." International Journal of Academic Research in Business, Arts and Science, (IJARBAS.COM) 1,, no. 3, (2019): 54–68. https://doi.org/10.5281/zenodo.3402228.

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This article deals with the phenomenology of African mind centering on the law of vital force. The article accepts as a premise the thesis that what makes the difference between the European mindset and that of the African people is their collective system of values and beliefs. This system of beliefs and values forms their ontological unity (the unit that gives collective identity) and provides the basis for their logic of reality. The unity is an ontological one, internally organized in such a way that the mental organization derived from it provides a conceptual paradigm in which one premis

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Kiwanuka, Richard N. "The Meaning of “People” in the African Charter on Human and Peoples’ Rights." American Journal of International Law 82, no. 1 (1988): 80–101. http://dx.doi.org/10.1017/s0002930000074170.

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The African Charter on Human and Peoples’ Rights, also known as the Banjul Charter on Human and Peoples’ Rights, was adopted by the 18th Assembly of Heads of State and Government of the Organization of African Unity (OAU), held in Nairobi in June 1981. Contrary to some expectations, the Charter stayed in limbo for only 5 years. It entered into force on October 21, 1986, after the deposit of the 26th instrument of ratification, the number required by its Article 63(3). By April 16, 1987, there were 33 states parties to the Charter, which makes it the largest regional human rights system in exis

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Mu’in, Fatchul, and Rustam Effendi. "Cultural Violence represented in Indonesia and American Literatures." SHS Web of Conferences 53 (2018): 03003. http://dx.doi.org/10.1051/shsconf/20185303003.

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This article is aimed at describing the lives of dominated people of both Indonesia and America. Among the dominated people in Indonesian community are Indonesian Chinese people, and those in American community are African American people. The discussion on some Indonesia novels of post tragedy of 1998 shows that personally Chinese faced a hard life; and socially they were dominated. Therefore, it can be concluded that: (1) the personal behaviour of Indonesian Chinese is represented through the hard life, (2) social behaviour of Indonesian Chinese is represented through the dominated social li

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Mbwisi, Dady Mumbanika. "Traditional Medicine as Part of the Human Right to Health in the Democratic Republic of the Congo." Verfassung in Recht und Übersee 56, no. 2 (2023): 371–95. http://dx.doi.org/10.5771/0506-7286-2023-2-371.

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Applicable law protecting the right to health in the Democratic Republic of the Congo (DRC) consists of ratified human rights treaties, such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the African Charter on Human and Peoples’ Rights (African Charter), and domestic laws. However, none of these legal instruments explicitly mention traditional medicine (TM). Nevertheless, their provisions are broad enough to include TM. The Committee on Economic, Social, and Cultural Rights and the African Commission on Human and Peoples’ Rights have interpreted the right t

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Magliveras, Konstantinos, and Gino Naldi. "The free movement of people in Africa as a human right and as an economic right: From the African Charter to the African Economic Community Protocol of 2018." African Human Rights Law Journal 22, no. 1 (2022): 1–23. http://dx.doi.org/10.17159/1996-2096/2022/v22n1a1.

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The right to freedom of movement of persons in a state is recognised by article 12 of the African Charter on Human and Peoples' Rights as a fundamental human right but, more generally, freedom of movement is also exercised in the context of continental economic integration, a crucial norm in economic integration projects. Not long after the entry into force of the African Charter in 1986, the first steps towards economic integration were taken, and the freedom of movement was enshrined in the Treaty Establishing the African Economic Community. As the AEC lost steam, the African Commission on H

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Quinlan, Catherine L. "An Interdisciplinary Investigation of African Rock Art Images to Learn about Science & Culture: Blending Biology, Geology, History & Ethics." American Biology Teacher 81, no. 1 (2019): 40–46. http://dx.doi.org/10.1525/abt.2019.81.1.40.

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Image analysis of African rock art creates a unique opportunity to engage in authentic explorations of science and culture using rock art images as data. African rock art and its context provide insights into the intersection of science, scientific research, research ethics, intellectual property, law, government, economy, indigenous people, and crime. This article specifically considers the rock art and other cultural contributions of the San people of Southern Africa, which offer a rich interdisciplinary exploration of biology—including the climate and weather of biomes, plant biology, human

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Parsitau, Damaris Seleina. "LAW, RELIGION, AND THE POLITICIZATION OF SEXUAL CITIZENSHIP IN KENYA." Journal of Law and Religion 36, no. 1 (2021): 105–29. http://dx.doi.org/10.1017/jlr.2021.12.

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AbstractIn Kenya, debates about sexual orientation have assumed center stage at several points in recent years, but particularly before and after the promulgation of the Constitution of Kenya in 2010. These debates have been fueled by religious clergy and by politicians who want to align themselves with religious organizations for respectability and legitimation, particularly by seeking to influence the nation's legal norms around sexuality. I argue that through their responses and attempts to influence legal norms, the religious and political leaders are not only responsible for the nonaccept

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Kollapen, N. "Accountability: The Debate in South Africa." Journal of African Law 37, no. 1 (1993): 1–9. http://dx.doi.org/10.1017/s0021855300011074.

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The constitutional and political negotiations in South Africa have reached an advanced stage and elections for a government of national unity might take place within the next twelve months. For the millions of South Africans who have waited, fought, sacrificed and suffered the end appears to be in sight. While they will have every right to celebrate the results of their hard-fought battles to achieve a democratic and just society, they equally have a solemn duty to ensure that they proceed to build the future on a solid base, not only to guarantee the protection of democracy and justice but mo

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Owusu-Bempah, Akwasi. "Race and policing in historical context: Dehumanization and the policing of Black people in the 21st century." Theoretical Criminology 21, no. 1 (2016): 23–34. http://dx.doi.org/10.1177/1362480616677493.

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Too little consideration has been given to conceptualizing race within mainstream criminological scholarship. One consequence of this oversight is the existence of a stale debate over the causes of racial disparities in crime and criminal justice outcomes. This article draws upon intersectionality to present an historical analysis of the policing of African Americans. The article argues that the concept of dehumanization helps explain the structural inequalities that produce crime within African American communities and the presence of racism within law enforcement agencies. The discipline may

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van der Merwe, Stephan. "The Development of The South African Emolument Attachment Order Mechanism: A Historical Overview." Fundamina 28, no. 1 (2022): 140–70. http://dx.doi.org/10.47348/fund/v28/i1a4.

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In South Africa, wage garnishment is achieved through the emolument attachment order (hereafter “EAO”) mechanism. This civil debtcollection instrument plays a significant role in South African society, affecting the lives of potentially millions of people. It is therefore concerning that the mechanism is often criticised for lacking effective measures to prevent, monitor, identify and then correct irregularities in the collection of debt through EAOs. This contribution considers the historical context that directed the development of the South African EAO mechanism and the composition of the c

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Akanle, Olayinka, and Lilian F. Ogunkan. "Mothers-in-Law or Monsters-in-Law." Comparative Sociology 20, no. 5 (2021): 590–614. http://dx.doi.org/10.1163/15691330-12341540.

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Abstract In the African kinship system, elders have significant roles. Especially within families, roles including care and socialization are established by cultural normativity. Since socialization processes are intergenerational, older generations inculcate these norms and the values of the society in the younger generation. This makes mothers-in-law relevant in families. The roles of mothers-in-law in younger families are widely acknowledged as key in providing intergenerational training and general family support in Nigeria. However, these intergenerational roles are complex and variously

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Barega Birganie, A. "An African Initiative for the Protection of the Rights of Internally Displaced People." Human Rights Law Review 10, no. 1 (2010): 179–90. http://dx.doi.org/10.1093/hrlr/ngp042.

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Kanu, Ikechukwu Anthony. "Igwebuike theology of Omenani and the missionary bifurcation of horizons." OGIRISI: a New Journal of African Studies 16 (October 2, 2020): 127–44. http://dx.doi.org/10.4314/og.v16i1.8.

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African theology points to the fact that every particular situation or context calls for a particular theological reflection, that is, if the theological reflection is to make meaning within that unique circumstance. It is within this context that Igwebuike theology of Omenani emerges in relation to the understanding of culture as the Seed of the Word of God, which already pre-existed in Africa even before the emergence of the Western missionaries. The purpose of adopting this idea of culture as the Seed of the Word of God is to enhance the reconciliation between the African and Christian/West

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Glazewski, Jan. "Environmental Provisions in a New South African Bill of Rights." Journal of African Law 37, no. 2 (1993): 177–84. http://dx.doi.org/10.1017/s0021855300011232.

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The question of human rights approaches to environmental protection is particularly pertinent in South Africa because its people are currently negotiating a set of constitutional principles which will lay the foundation for a future democratic and representative government in the country. The future direction of South African human rights law and environmental law particularly will be shaped by events in the near future as a new bill of rights is likely to include an environmental clause. The next few months will see the tabling of a set of constitutional principles and a draft bill of rights,

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Coldham, Simon. "Legal Responses to State Corruption in Commonwealth Africa." Journal of African Law 39, no. 2 (1995): 115–26. http://dx.doi.org/10.1017/s0021855300006276.

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Few countries in the world can claim to be free from corruption and none of these is to be found in Commonwealth Africa. Even though administrative incorruptibility was one of the boasts of the British colonial service, low-level corruption was common during the colonial period and indeed served to bolster the colonial system. Since African states obtained political independence, levels of corruption have markedly increased, regardless of official ideology or economic approach, and in many countries corruption is both pervasive and endemic. Changes of government are often accompanied and, in t

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Deng, Justice Benjamin Baak. "Traditional Justice Methods and Their Possible Impact on Transitional Justice Models in South Sudan." Max Planck Yearbook of United Nations Law Online 21, no. 1 (2018): 331–52. http://dx.doi.org/10.1163/13894633_021001011.

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This paper discusses the legal framework of the traditional justice methods in several African countries, with a focus on South Sudan; the objective of customary law, the role of traditional courts or the forum of elders, and the methods of settlement of disputes. These methods of settlement of disputes are by-products of the practices, customs and traditions of the people that were devised as ways of maintaining peace and tranquillity, and thereby uphold the rule of law.

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Diallo, Boubacar Sidi. "African Legal Instruments as Regional Tools of Harmonization of International Environmental Law." Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza 14 (December 30, 2022): 87–101. http://dx.doi.org/10.14746/ppuam.2022.14.04.

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Environmental degradation in the world in general, and in Africa in particular, is occurring on a scale of increasing concern. The challenge for public policy is to change the relationship between people and their environment in order to reverse this trend. To this end, in an internal and an international context characterized by, on the one hand, the establishment of democracy and the rule of law and, on the other, by the globalization of environmental law following the Rio Conference (1992) in particular, the rule of law has naturally emerged as the key tool for these transformations. The ai

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Hodge, James G., Leila Barraza, Gregory Measer, and Asha Agrawal. "Global Emergency Legal Responses to the 2014 Ebola Outbreak: Public Health and the Law." Journal of Law, Medicine & Ethics 42, no. 4 (2014): 595–601. http://dx.doi.org/10.1111/jlme.12179.

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From their relative obscurity over the past three decades, varied strains of Ebola disease have emerged as a substantial global biothreat. The current outbreak of Ebola, beginning in March 2014 in Guinea, is projected to infect tens of thousands of people before being brought under control. Some estimate the outbreak could exceed 100,000 cases and extend another 12-18 months. Ebola’s spread has the potential to extend across the globe, but is concentrated in several African countries (e.g., Democratic Republic of Congo, Sierra Leone, Liberia, Guinea, Nigeria, and Senegal). Collectively, these

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Odusote, Abiodun. "Africa: A Continent on the Edge, from Skewed Elections to Illiberal Democracies." International Journal of Social Science Research 7, no. 1 (2019): 58. http://dx.doi.org/10.5296/ijssr.v7i1.14669.

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The conduct of regular elections at pre-determined time is a hallmark of liberal democracy. Most African countries now conduct regular elections. However, it is generally agreed that liberal democracy is not measured only by the conduct of elections but by a consistent commitment to certain democratic and constitutional ethos. The practice of liberal democracy is a commitment to the rule of law, free, fair and credible elections, transparency and good governance among others. In Africa today, it is generally agreed that despite majority of the countries achieving democracies, bad governance, l

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Sanders, A. J. G. M. "Towards a People's Philosophy of Law!" Journal of African Law 31, no. 1-2 (1987): 37–43. http://dx.doi.org/10.1017/s0021855300009220.

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It was in August 1980 that Professor Allott visited Southern Africa for the first time, and I am proud that it was the Institute to which I am attached which arranged the visit. In October 1981 we had the pleasure of welcoming Professor Allott to our region again. This time the happy occasion had been arranged by the University of Swaziland. All of us took an instant liking to Professor Allott. (As for our visitor, I got the distinct impression that he, too, enjoyed the encounter!) The way in which he was able to keep our discussions on track and lend perspective to them made a great impressio

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Swanepoel, Lenie, and André Duvenhage. "Vigilantism as a feature of political decay in the post-1994 South African dispensation." Acta Academica: Critical views on society, culture and politics 39, no. 1 (2007): 123–45. https://doi.org/10.38140/aa.v39i1.1133.

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Little research has been done on the phenomenon of vigilantism in South Africa. Vigilantism describes the action of citizens who take the law into their own hands, making use of violent methods, in the context of inadequate law enforcement by the state and the collapse of public order. In an environment of political instability, lack of public order and related security problems, groups such as People Against Gangsterism and Drugs (PAGAD), Mapoga-a-Mathamaga and “people’s courts” have come into being as vigilante organisations. This article describes and analyses vigilantism in South Africa ag

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Blay, S. Kwaw Nyameke. "Changing African Perspectives on the Right of Self-Determination in the Wake of the Banjul Charter on Human and Peoples′ Rights." Journal of African Law 29, no. 2 (1985): 147–59. http://dx.doi.org/10.1017/s0021855300006653.

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In the history of modern Africa the issue of self-determination has always been of special significance. For a better part of a century and in some cases more, almost the entire continent was subject to colonisation by various European powers. The end of the Second World War and the subsequent adoption of the United Nations Charter, incorporating the principle of self-determination, heralded a new phase for the African colonies in international relations. Defined in its simplest terms, self-determination is the principle by virtue of which a people freely determine their political status and f

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