bluuebunny/crossref_metadata_2025 huggingface dataset:
Land Control in Kenya
Authors: Coldham Simon
Published: July 2009

As the land adjudication and consolidation programme made progress in the Kikuyu Land Unit in the middle of the nineteen-fifties, it became clear that the traditional system of land tenure would have to be replaced by a system based on the registration of individual titles. Customary law was seen as an obstacle to agricultural development. Customary rules of inheritance could destroy the benefits of land consolidation. Moreover, the individual farmer had little incentive to develop his holding under customary arrangements. This point of view was illustrated by the Swynnerton Plan which proposed that “the African farmer … be provided with such security of tenure through an indefeasible title as will encourage him to invest his labour and profits into the development of his farm and as will enable him to offer it as security against financial credits”. Swynnerton hoped that the security of title conferred by registration would create a land market enabling fanners owning unviable plots or unworkable fragments to sell them off to neighbours who would be in a position to develop them more effectively. In this way “… energetic or rich Africans will be able to acquire more land and bad or poor farmers less, creating a landed and a landless class”, a process which he calls “a normal step in the evolution of a country”.
Recent Trends in Law Reform in Sierra Leone
Authors: Smart H. M. Joko
Published: July 2009

Tony Allott made a breakthrough in legal scholarship when he opted out of the English Legal System familiar from his Oxford training for a legal virgin soil in a continent that was still a barren field for legal literature, at any rate on its West and East Coasts then forming part of the British Colonial Empire. He embarked on research first into the land law of the then Gold Coast and later spread his untiring zeal into other areas of the laws of dependencies in the Sub-Saharan Region. His sustained energy maintained the same momentum through independent Africa. He examined aspects of the legal systems of many countries within the region ranging over matters such as the constitution, the family and the land; he propounded his ideas first in lectures, then in articles for journals and at symposia, compiling some of them in the Essays, and he finally reflected philosophically on his own concept of law in The Limits of Law.

Professor Allott can be described as a pioneer in the study and research of African Law as an academic discipline. That he succeeded Colonial Administrative Officers is a moot point but it is submitted that the effort of his predecessors was geared towards gaining a knowledge of the ways, the customs and lives of the peoples whom they governed and they were not motivated by a scientific urge for the discovery of organized legal systems because to many, if not all, Africa was a continent so dark that it was inconceivable for law to exist within it.
Ethnicity and constitutionalism in contemporary Ethiopia
Authors: Abbink Jon
Published: July 2009

The phenomenon of ethnicity is being declared by many to be the cause of all the problems of Africa, especially those of violent conflict. Some salient examples are Rwanda, Burundi and Kenya. While in many cases ethnicity and ethnic-based antagonisms have indeed been a factor in conflicts and have often been suppressed within the structures of the post-colonial states (with their seemingly sacrosanct boundaries), the political relevance of the phenomenon has varied widely. In the political system and the laws of an African country, however, ethnicity seldom received official recognition.
Legal Care in Nigeria: Beginnings
Authors: Collett Adrian
Published: July 2009

This article is a condensed version of a much longer paper,* the purpose of which was to explore the viability of the approach to legal care which has been adopted by Nigeria within the cultural background and the prevailing social and economic conditions. In the original, therefore, there were additional sections devoted to: (a) the concept of legal care, including a brief examination of the role of the lawyer in developing countries, (b) the social and economic background, and (c) the difficulties experienced by accused persons within a plurality of cultural, language and legal systems. It is not possible to deal with these topics adequately within the space of a short article, and the main focus will, therefore, be the legal aid scheme itself, except for some brief background remarks in the introduction.
Grassroots Education in Zimbabwe: Successes and Problems Encountered in Implementation by the Legal Resources Foundation of Zimbabwe
Authors: Manase Wilson T.
Published: July 2009

Zimbabwe has a population of almost ten million people of which approximately 80 per cent, are poor and live in the rural areas. The majority of the rural population lack formal education and are ignorant of their rights. They have no access to legal services as most of the country's lawyers are based in the urban areas. Even if legal practitioners were accessible to them, they would not be able to pay for their services. Thus, they are liable to exploitation.

Since independence, the changes in Zimbabwe law have been rapid, farreaching and progressive. In the absence of any co-ordinated mass education campaign on their meaning and implications, or consultation with those to be affected before enactment, there has been a great deal of adverse reaction to new legislation, especially where it has safeguarded or equalised the rights of women. For the community, the effect has been chaos. Traditional structures, known and well-understood means of communication, and culturally entrenched roles have been transformed and replaced by a new order.

The Legal Resources Foundation (LRF), an autonomous charitable and educational Trust, was established to meet the need to improve the accessibility of legal and information services to all sections of the population. It was formed following a regional workshop on legal aid which was held at the University of Zimbabwe in February 1984 and against the background of there being just 400 lawyers in Zimbabwe at the time, all of whom were urban based.
Corroboration of Accomplice Evidence in Swaziland: Some Thoughts on Judicial Interpretations and their Implications
Authors: Rwelamira Medard R.
Published: July 2009

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.
Priorities under the Land Registration Act in Nigeria
Authors: Chianu Emeka
Published: July 2009

A substantial part of the rules governing land tenure and its conveyance has had the prevention of fraud and double-dealing as its object. Rapacious vendors have perfected the skill of selling the same piece of land successively to more than one purchaser. Trespassers have brazenly taken possession of land in which they have no vestige of interest, challenging the owner and asserting limited or absolute rights to it. Some of these frauds are perpetrated because land transactions are not publicised. It is no surprise therefore that the elimination of secrecy in such dealings was appreciated early in man's history.

The oldest recorded land transaction, which took place almost 4,000 years ago in 1881 BCE in the Middle East, was concluded in the presence of witnesses, “before the eyes of the sons of Heth among all those entering the gate of his city”. Witnesses give the transaction publicity and they are also people who could testify to it. But the testimony, useful as it is, has its shortcomings and cannot always be relied on to determine either whether the transaction took place or the nature of the rights and obligations it conferred on the parties. With the passing of time the frail memory of the witnesses fails; on their death any evidence given becomes hearsay with the attendant possibility that subsequent persons may alter what they were told.
Murder without Corpus Delicti: A Brief Excursus on Circumstantial Evidence
Authors: Rwelamira Medard R.
Published: July 2009

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.
Protection of the surety under Zimbabwean law
Authors: Madhuku Lovemore
Published: July 2009

The availability of credit facilities to both companies and individuals wishing to do business is probably one of the most important facets of the modern world. It is needless to emphasize that the need to create an enabling environment conducive to investment and hence employment creation remains an important goal of the modern state. Credit is at the centre of this mission and as the U.K. Review Committee on Insolvency Law and Practice aptly observed, “credit is the lifeblood of the modern industrialised economy” and “… the provision of credit for trade and industry stimulates production and encourages enterprise as well as helping individuals and businesses over difficult economic times”.
Recovery of interest by banks: a critical examination of Nigerian case law
Authors: Ajai Olawale
Published: July 2009

It is well settled that interest is chargeable only where an agreement expressly or impliedly so stipulates, where statute so provides, or where a mercantile custom to that effect exists. Recovery of interest by banks developed from mercantile customs. These were designed in such a way as to avoid the usury laws which initially outlawed usury but then subsequently allowed interest up to a rate of 10 per cent at the most liberal period before the English Usury Laws Repeal Act of 1854 swept away all restrictions on money lending. Lord Macmillan gave the following account of the recovery of compound interest in Paton v. Inland Revenue Commissioners:
The Legal Effect of Executive Confirmation of Findings or Awards by Quasi-Judicial Bodies in Ghana
Authors: Bimpong-Buta S. Y.
Published: July 2009

The functioning of society is considerably aided by legal rules and social norms. The extent, scope and complexity of such laws and norms are determined in the final analysis by the level of socio-economic activity, growth and development. Corresponding economic and social institutions of an administrative nature tend to evolve and become intertwined with such developments. In order to cope with increasing responsibilities, a government may establish statutory bodies to deal with certain aspects of governmental activity of a quasi-judicial nature.

In developing countries such as Ghana, therefore, one often finds in the Statute books enactments conferring certain powers on quasi-judicial bodies. In Ghana, powers are conferred on such bodies to carry out investigations and make findings of fact concerning such matters as chieftaincy disputes, the determination of boundaries between two communities, the settlement of trade disputes, etc. Perhaps, recognising the limitations of such bodies, the decisions based on the facts found by such bodies do not usually become binding on the persons or the institutions to be affected in die same way as die decisions of the regular courts do. To become binding, the law usually provides that two conditions are satisfied:

(i) The findings or decisions must be confirmed by the executive or the minister acting in that behalf; and

(ii) they must be published in an official gazette, bulletin or in any such official publication.
On Indeterminacy in Law
Authors: Otakpor N.
Published: July 2009

The problem of indeterminacy in law has been the subject of interesting debate for many years now. Pitched against each other in the controversy are Hart, Dworkin, Benditt, American Realist jurisprudence and recent exponents of Critical Legal Studies (C.L.S.). Interesting as the controversy is, it is not as ordinary as our most casual statements seem to suggest, especially if the implications and outcomes necessitated by the existence of legal indeterminacy are examined rather than the concentration on ideologies and perspectives. To consider these implications and outcomes in detail, it is important to develop a generalised overview within which more detailed inquiries may find their context. Thus, in this paper, I shall first, examine indeterminacy as a concept per se. I shall then examine a selection of general arguments for and against legal indeterminacy and elucidate what is critically involved in these claims and in their denials. I do hope, at least, to give an idea of the difficulties we meet when we try to get our ideas clear on it and to show how any solution of the problem (if it is soluble at all) is closely connected with other problems in language and politics.

The topic of this paper is indeterminacy in law.
Legislative History of the Gold Coast and Lagos Marriage Ordinance: III
Authors: Zabel Shirley
Published: July 2009

The creation for the island of St. Helena of a marriage law destined to become the model for marriage ordinances throughout the British Empire has been dealt with in an earlier issue of this Journal. Celebration upon certificate from the Registrar either before the Registrar or in a licensed place of worship by an authorised minister in accord with the “Rogers formula”, (after the draftsman of the St. Helena law) was to become the standard for marriages in the colonies. The adoption of the St. Helena model in Ceylon, with some embellishments, has also been described. Further refinements were then made in the use of the model for Hong Kong.
The Development of Statutory Marriage Law in Twentieth Century British Colonial Africa
Authors: Morris H. F.
Published: July 2009

Professor Zabel has traced the genesis of the Gold Coast/Lagos Marriage Ordinance of 1884. This article will show the manner in which this Ordinance was to proliferate (subject to modifications in content and application) to all British territories between the Sahara and the Zambesi, with the one exception of the Gambia. The story is a complex one, to which full justice cannot be done in the scope of a single article, and it is also one which throws interesting light on the evolution of colonial legislative policy. It will, for example, be noted that the legislation was not imposed upon the territories as part of any formulated policy for the introduction of English-based marriage law to replace the indigenous customary law, nor was it brought in at the request of the missionaries in their desire to eradicate polygamy; indeed in some territories missionaries were highly critical of its introduction, fearing that it would deter Africans from Christian marriage. In fact, the initial impetus for its introduction came from the administrators in West and East Africa who merely wanted legislation which would get over shortcomings in the received English law, which in particular did not appear to cover marriages between non-Africans who were not British subjects.
Judicial Protection of some Fundamental Rights in Nigeria and in the Sudan before and during Military Rule
Authors: Aguda Akinola , Aguda Oluwadare
Published: July 2009

Africa quite suddenly came within the focus of the world's political microscope in the last decade or so. Having thus come into view, it has aroused the interests not only of political scientists but also of lawyers all over the world to an extent almost unprecedented in world history. The colonial powers which had ruled most of Africa in modern times had themselves had centuries of political autonomy behind them. Within the past two decades these colonial powers have had, mainly voluntarily but in some cases as a result of revolt by the governed, to transfer political power to most of their erstwhile dependent peoples.
Adoption in Ethiopia Ten Years after the Civil Code
Authors: Beckstrom John H.
Published: July 2009

Forms by which children born outside a family unit are taken into the family have existed since time immemorial in Ethiopia. These forms have varied depending upon the ethnic, religious and regional groupings involved. The relationships created range from rather loose affirmations of close friendship and mutual interest to complete assimilation of the outsider as if he had been born within the family. This article will be concerned only with the later type of customary assimilation, which we will term “adoption”.
Voices of the Youth: a South African youth perspective of juvenile justice
Authors: Chadbourne Julie Dror
Published: July 2009

It is in this spirit that the Voices of the Youth Project was created. At the dawn of a new South Africa, there will for the first time be a Juvenile Justice system. Child advocates across South Africa have been working in tandem with the South African government to create a workable Juvenile Justice system. In doing so, children's rights activists have sought input from advocates the world over, from philosophers, criminologists, and social workers, from teachers, economists, and volunteers, and, finally, from the children.
Engendering Political Decision-Making
Authors: Hatchard John
Published: July 2009

In November, 1996, the Fifth Meeting of the Commonwealth Ministers Responsible for Women's Affairs recommended that member countries be encouraged to achieve a target of not less than 30 per cent of women in decision-making in the political, public and private sectors by the year 2005. This is an ambitious target for, according to the Inter-Parliamentary Union, the proportion of women involved in politics world-wide declined from 12.1 per cent in 1985 to 11 per cent in 1995. The situation throughout Africa is especially bleak for, as the following table indicates, with the notable exceptions of Mozambique, Seychelles, South Africa, Eritrea and Uganda, most African countries fall well below the world average.
The Effect of Non-Registration of Contracts for Transfer of Technology in Nigeria: Beecham Group Ltd v. Esdee Food Products Nigeria Ltd
Authors: Fagbemi O. A.
Published: July 2009

The main object of the National Office of Industrial Property (NOIP) Act 1979, is the regulation of all contracts and agreements for the transfer of technology to Nigeria. It attempts to achieve this by requiring all such contracts and agreements to be registered with the NOIP and for their terms to be predicated upon state or judicial consent.

In Beecham's case, the Court of Appeal decided that failure to register relevant contracts or agreements with the NOIP does not affect their validity. It is the submission of this note that the decision of the Court of Appeal was wrong: such contracts or agreements become tainted with illegality and, therefore, should be null and void.

Although this was an action for infringement of the plaintiff's (Beecham Group Ltd), registered trade mark “Lucozade”, this note will concentrate on the point of law (raised for the first time at the appeal), that non-registration of the transaction whereby the proprietorship of the mark was transferred to the plaintiff, rendered the transaction void. The defendant's argument was that the plaintiff had no locus standi to institute the action or use the trade mark, because it had failed to register a transaction that was registrable within the context of section 4(d) of the NOIP Act.

The Court of Appeal disagreed:
The Abiding Influence of English and French Criminal Law in One African Country: Some Remarks Regarding the Machinery of Criminal Justice in Cameroon
Authors: Bringer Peter
Published: July 2009

The legal systems of the vast majority of the Black African countries can either be reckoned among the common-law family of English origin or the civil-law family in its French version. This is a result of Africa's colonial past; France and England ruled the lion's share of the continent as colonies and gradually transferred their own legal systems to their African possessions. By the time most African territories gained their independence in the sixties, the European legal systems had obtained a firm footing, albeit often still applicable only to a limited extent and in a modified version of the occidental model. After independence, practically all African states maintained the legal system imposed on them by their former colonial masters; since then, they have further developed their laws on the pattern of those legal systems. One effect of this evolving state of affairs, despite all national legal peculiarities, has been a strengthening of the basic adherence of African states to the English or French legal system. On the other hand, it has widened the gap between Anglophone and Francophone countries, at least as far as legal development is concerned. In view of both long-term political goals such as African unity, and also current intra-African relations, such as trade and administrative co-operation between the states, separate legal development in Africa might become a deplorable stumbling block.
“Invisible Alternatives” in East and Central Africa
Authors: Morgan David Gwynn
Published: July 2009

This article is concerned with the situation when, at the end of the prosecution or defence case, in a criminal trial, it emerges that the accused is not guilty as charged but that he has certainly committed a criminal offence of a similar type to the offence charged. To take four examples: A is charged with murder, malice aforethought is not proved, yet A has committed manslaughter. Secondly, A is charged with murder or manslaughter and the prosecution fails to prove that the death resulted from A's actions. A has, however, committed the offence of unlawfully doing grievous harm or assault occasioning actual bodily harm. Next, the charge is attempted murder and it fails because the prosecution cannot prove the stringent mental element (an actual, not just constructive, intention to kill), yet A has committed the offence of unlawfully doing grievous harm or of assault occasioning actual bodily harm. Finally, A is accused of theft but since the complainant consented to the taking he is again not guilty of the offence charged, but has committed the crime of obtaining by false pretences. This type of situation may arise because the evidence does not go as anticipated by the prosecution, or because the prosecutor trips up over some subtle legal point like the difference between theft and obtaining by false pretences. Without the exceptional principles which form the subject of this article, the upshot would be that (after the expense of a trial) the accused would go free although he had clearly committed a crime.
The Land Acquisition Act, 1992 of Zimbabwe
Authors: Coldham Simon
Published: July 2009

The gazetting of the Land Acquisition Bill on 24 January, 1992 unleashed what has been described as the fiercest debate ever known in the history of Zimbabwe. However, the issue of land reform had been back on the political agenda ever since the expiry of the Lancaster House Constitution on 18 April, 1990, and pressures from a variety of quarters, both internal and external, had been brought to bear on the government during the intervening period. In particular, its adoption in 1990 of a document declaring National Land Policy had generated intense controversy. In accordance with the principles set out in that document the government has sought to facilitate the acquisition of land for resettlement purposes, first by amending section 16 of the Lancaster House Constitution and subsequently by enacting the Land Acquisition Act. In formulating its policy the government has recognized both the need to redress inequalities in land distribution and the need to take into account current national and international socio-economic realities. The result is a compromise.
Community Rights and Land Use Policies in Tanzania: The Case of Pastoral Communities
Authors: Mwaikusa J. T.
Published: July 2009

The statement above is an admission of failure, or neglect, to design a policy for livestock production and development. The admission appears t o be almost contradictory. Nyerere's leadership of Tanzania had its landmarks, the most indelible of which is probably the Arusha Declaration with its particularly heavy bias towards rural development in its policy objectives. Yet that rural bias conspicuously excluded the role of pastoral communities and their potential in the development of Tanzania's rural economy. The pastoralists are not a majority but constitute a substantial portion of the population. They are entitled, as of right, to proportionate attention by national policies, as well as access to national resources, especially land, proportionate to their needs and potential, just like the cultivators. But government policies in Tanzania have marginalized pastoralists and sometimes even their rights and their very presence have been ignored.
Environmental Provisions in a New South African Bill of Rights
Authors: Glazewski Jan
Published: July 2009

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, the establishment of a transitional executive and elections for a constituent assembly. The latter body will finalize the form and content of a new constitution and bill of rights, drafts of which are currently being negotiated and circulated for comment by the political role players in the negotiating process. In broad constitutional terms, South Africa is departing from the Westminster model of parliamentary sovereignty on which its constitutional structure has been traditionally based and is moving towards the American model of public power being subjected to norms laid down in a bill of rights. The courts exercising their power of review will play a vital role in ensuring the success of the new dispensation. While the new bill of rights will obviously have vertical application, meaning that it will serve as a standard against which future parliamentary statutes will be measured, it is not yet clear whether it will also have horizontal application, whereby alleged contraventions of constitutional norms will be used by private legal persons in disputes between themselves.
Delay and the Death Sentence: The Zimbabwean Approach
Authors: Hatchard John
Published: July 2009

In March 1993 it was reported in a national newspaper in Zimbabwe that four men convicted of murder and under sentence of death were to be executed shortly. They were all sentenced between 1987 and 1988 although in all but one case their appeals were not heard and dismissed by the Supreme Court until 1991. The Catholic Commission for Justice and Peace (CCJP) obtained a provisional order from the Supreme Court interdicting the respondents from carrying out the sentences, pending a decision as to whether to (i) declare that the delay in carrying out the sentences of death constituted a contravention of section 15(1) of the Constitution of Zimbabwe; and (ii) order that such sentences be permanently stayed. Section 15(1) provides that:
Criminal Liability of Corporations in Nigeria: A Current Perspective
Authors: Okoli Chijioke
Published: July 2009

The criminal liability of corporations in Nigeria is an often neglected or forgotten aspect of the law, even in many of those cases where its consideration is ordinarily required. The reason for this anomaly is essentially two-fold. Firstly, the concept of distinct corporate personality remains a fiction to most Nigerians. At least in practical terms, even lawyers and members of the business community do not readily conceive the concept as going so far as a limited liability company being criminally liable. And as a matter of fact, the emphatic judicial affirmation of the concept is of relatively recent origin. Even then, the leading Nigerian text on criminal law states that its “exact extent is a matter of some doubt” and “await[s] clear definition”. The second reason is that those crimes for which corporations are most likely to be liable, in the main, are necessarily white-collar in nature. It is a self-evident fact that the attitude of organs of the state to the prevention and prosecution of white-collar offences is generally lukewarm. The pervasive corruption of the Nigerian society, a veritable point of agreement amongst analysts of diverse persuasions and disciplines, is to a considerable extent both the offspring as well as a manifestation of this cavalier attitude to white-collar crime. The result has been the danger of the law on corporate criminal liability falling into desuetude.
The Legal Status of Nigerian Children Born by A Widow: Chinweze v. Masi Revisited
Authors: Ebeku Kaniye S. A.
Published: July 2009

Under most customary laws in Nigeria the death of a wife, irrespective of the system of marriage, terminates the marriage. But the death of a husband does not necessarily terminate the marriage. Again, this is true irrespective of the system of marriage. A surviving widow has a number of options open to her. She may elect to remain as a member of her husband’s family or return to her parents. In the former case, she may be “inherited” by a son or relative of her deceased husband or stay on as the wife of her deceased husband. In both instances the original marriage is regarded as continuing directly or indirectly. However, the widow is most likely to return to her parents if her relationship with her husband’s family is less than cordial, especially where it is proved or suspected that she had a hand in the death of her husband.
Reporting Under International Human Rights Instruments by African Countries
Authors: Hatchard John
Published: July 2009

In an address to the U.N. Commission on Human Rights on 31 January, 1994, the UN Under-Secretary-General for Human Rights stressed that the ratification of human rights instruments and die effective implementation of their provisions is fundamental in a world that aspires to the rule of law and the safeguard of fundamental freedoms. This followed the adoption of a resolution by the General Assembly of the United Nations which reaffirmed that the effective implementation of the international human rights instruments is of major importance to the organization and urged all states that have not yet done so to become parties to the two International Covenants and to consider acceding to the Optional Protocols to the International Covenant on Civil and Political Rights.
State Reporting to the African Commission: The Case of Zimbabwe
Authors: Tigere Patrick
Published: July 2009

Under the legal regime established by the African Charter on Human and Peoples’ Rights, country reports “on the legislative or other measures taken with a view to giving effect to the rights and freedoms recognized and guaranteed by the present Charter” must be submitted every two years. If a state is serious in its approach to human rights it might be assumed that such reports would be prepared and submitted in a timeous and thorough manner. The case of Zimbabwe indicates that this is not always the case.
The Organs of Economic Co-operation in Africa
Authors: Sohn Louis B.
Published: July 2009

In studying economic co-operation in Africa, it might be useful to start with an investigation of the special characteristics of African international organizations, and the effect of these characteristics on the modalities of African economic co-operation.

Any comparative study of African international organizations has to take into account the bewildering variety of these organizations, and the difficulty of classifying them in a meaningful fashion. There are many factors which need to be considered, as well as the fact that most organizations belong at the same time to various categories. When one tries to evaluate the respective merits of various organizations, one finds quickly that it is really not a particular feature of an organization that matters, but that an organization's performance depends, to an important extent, on the special mixture of various characteristics, which is peculiar to that organization.
Objectif, Objets et Degrés de la Coopération Économique Inter-Africaine
Authors: Vanderlinden J.
Published: July 2009

S'agissant de n'importe quel aspect d'une institution quelconque et plus particulièrement de l'objectif, des objets et des degrés de la coopération économique inter-africaine, il importe de distinguer d'emblée textes et réalités. Je tiens à souligner que j'envisagerai uniquement les textes dans les considérations qui vont suivre; je ne possède en effet aucune des sources susceptibles d'éclairer sur le plan des réalités l'objectif, les objets ou les degrés de la coopération économique inter-africaine. Ma présentation aura donc forcément un aspect théorique sans que je me dissimule qu'au delà de l'objectif, des objets ou des degrés déclarés, il en existe peut-être d'autres liés davantage aux impératifs politiques nationaux ou internationaux de même qu'à d'éventuelles influences extérieures.
The Economic Commission for Africa
Authors: Akiwumi A. H.
Published: July 2009

The United Nations Economic Commission for Africa (ECA) was established in 1958 by the Economic and Social Council of the United Nations ECOSOC) by virtue of its powers contained in Article 68 of the United Nations Charter and in pursuance of resolution 1155(XII) adopted on November 26th, 1957 by the General Assembly of the United Nations. In exercise of its power aforesaid, the ECOSOC by its resolution 671A(XXV) of April 29th, 1958, not only established the ECA but also prescribed the legal framework in relation to the functions, membership, etc. of the ECA. The geographical scope of the work of the ECA is the whole continent of Africa, Madagascar and other African islands. This legal framework, which is referred to in resolution 671A(XXV) above as “the Terms of Reference of the Economic Commission for Africa”, provides that the ECA shall be subject to the general supervision of the ECOSOC in the performance of its functions which shall be within the framework of the United Nations, and that the ECA shall take no action with respect to any country without the agreement of that country. In particular, the functions of the ECA are to initiate and participate in measures for facilitating concerted action for the economic and social development of Africa with a view to raising the level of economic activity and levels of living in Africa, and for maintaining and strengthening the economic relations of the countries and territories of Africa both among themselves and with other countries of the world.
Unitar and its Contribution to the Field of Development Relating to Africa
Authors: Andemikael Berhanykun
Published: July 2009

The United Nations Institute for Training and Research (UNITAR) was established on the basis of a General Assembly resolution of December 1963 as an autonomous institution within the framework of the United Nations for the purpose of enhancing, by the performance of its training and research functions, the effectiveness of the United Nations in achieving the major objectives of the Organization, in particular the maintenance of peace and security and the promotion of economic and social development. A large part of the Institute's training and research activities is, therefore, meant to respond to the needs of the developing countries, including those in Africa, either directly or through the improvement of the United Nations capabilities for this purpose.
The Lake Chad Basin Commission
Authors: Tonwe B. O.
Published: July 2009

1. Purpose To intensify Member States' cooperative efforts in the economic development of the Lake Chad Basin, a specific area defined as the conventional Basin with particular attention to surface and ground water utilization but also extending widely to agriculture, livestock, minerals, industry, transportation and telecommunications development.
Forest management in Ghana: towards a sustainable approach
Authors: Kufuor Kofi Oteng
Published: July 2009

This article examines a recent attempt to promote sustainable forest management in Ghana through the Timber Resources Management Act, 1997. It places the Act in the context of massive deforestation and analyses its provisions imposing social and environmental conditions on the timber industry and giving a greater role to local communities. It warns that excessive government intervention may undermine the industry and the important part it plays in Ghana's economy.
Choice of law in international contracts for the transfer of technology: a critique of the Nigerian approach
Authors: Nnona George
Published: July 2009

The practice of the National Office for Technology Acquisition and Promotion has been to insist that in contracts for the transfer of technology involving Nigerian parties on the one hand and foreigners on the other, Nigerian lawmust be chosen as the law governing the obligation of the parties under the contract. This article critically examines the legality and relevance of this approach and considers in particular the relevant legislation, the doctrinal bases of choice of law and the practical implications of the choice of Nigerian law in the context of its legal development. The article concludes that the current position needs to be reviewed in that the current approach may ultimately prove harmful to foreign investment and technology in the country.
Implementation by African states of the Plan of Action for the United Nations Decade for Human Rights
Authors: Addo Michael K.
Published: July 2009

For Africa, the launch of the United Nations Decade for Human Rights Education represents an invaluable opportunity to help transform human rights ideals into reality. The article assesses the key characteristics of this strategy and its viability in the African context. It highlights current constraints on implementing the Plan of Action and suggests some solutions.
State reporting under the African Charter on Human and Peoples' Rights: a boost from the South
Authors: Viljoen Frans
Published: July 2009

The problems of the absence or infrequency of states parties reports to the African Commission and the inadequacy of many that are submitted needs to be addressed. At the 25th session of the African Commission, South Africa presented its initial report. This process before, during and after the examination of the report is discussed and provides both encouragement for states to comply with their reporting obligations under the African Charter and useful lessons for states wishing to improve the quality of their reports.
Water Laws, Prior Rights and Government Apportionment of Water in Swaziland, Southern Africa
Authors: Heilbronn S. G.
Published: July 2009

The countries of Southern Africa are facing growing demands for water, mainly generated by the requirements of agricultural and industrial development. An examination of the historical development of the water laws in the region indicates a trend towards increased government control over water rights. The extent to which rights that existed prior to the institution of government control are entrenched in, and protected by, new legislation is particularly worthy of study in respect of underdeveloped countries, where the traditional sector's developmental needs for water may only be recognised at a relatively late date. In the case of Swaziland, a series of broadly riparian water laws, and a primarily irrigated estate-based system of agriculture have led to a markedly unequal distribution of surface-water rights.
Sources of the Criminal Law of Botswana
Authors: Brewer I. G.
Published: July 2009

The purpose of this article is to examine the sources of the general criminal law of Botswana.2 Prior to the creation of a Protectorate there existed in the country several indigenous systems of law operative within tribal areas which later collectively became known as the customary law. Included in this customary law was an ill-defined body of criminal law which can be termed the customary criminal law. We are not, however, examining the sources of this customary criminal law but rather of the criminal law which was originally introduced by statute on the establishment of the Protectorate and which was administered in a separate system of courts. Botswana is in an almost unique position in this respect3 because after the formal establishment of the Protectorate it received what may be broadly, but inaccurately, called the Roman-Dutch criminal law. Subsequently this was abolished and in its place a Penal Code was introduced which was based mainly on English law. The customary criminal law will be considered in this article but only in the broad context of its present position in the legal system and the effect of the general criminal law on its application.
Criminal Homicide in Western Nigeria 1966–1972
Authors: Bienen Leigh
Published: July 2009

This research began as an attempt to add a codicil to the work on homicide done by Paul Bohannan in the 1950s.2 Although Bohannan looked at events in the colonial period, his appreciation of the way in which cultural norms are expressed in legal institutions is still relevant. The criminal code in Western Nigeria is almost entirely British; it is applied by Nigerian judges to Nigerian accused who are counselled by Nigerian lawyers. The crime of homicide is universal. How a man kills, whom he kills, his motive for killing, and why it is most often a man who kills another man, may all be primarily determined by culture. The precise influence of social and cultural factors upon criminal patterns is impossible to measure. Yet to ignore what cannot be isolated is to commit a gross, but it seems to me inescapable, error. Often it seemed what was possible to tabulate was the least important information, that the conclusions which could be substantiated were trivial or irrelevant. Homicide recommended itself as a crime serious enough to test the efficacy of the Western Nigerian criminal justice system. Yet there are few conclusions here about the nature of that system’s authority. As elsewhere, in Western Nigeria the institutions of criminal justice seem to sit on the surface of the society. The criminal processes are unfamiliar to most people. Often after an accused is taken into custody it is difficult to find relatives or friends to inform about the progress of his case. At the moment of arrest, an accused steps into a totally strange, and largely foreign, world, one from which he may never return. What follows does not attempt to explain such subtle and difficult aspects of criminal law in Western Nigeria; it is an attempt to describe the way in which one particular serious crime was handled by Western Nigerian legal institutions during a specific period of time.
The Methodological Problems of International Law And Development
Authors: Brownlie Ian
Published: July 2009

My approach in introducing the discussion must be that of the “necessary hostility” of the practitioner who sees the client privately and tries to raise the real difficulties so that these are tackled constructively before the opposition is let loose on the client. Thus the tactic is that of constructive criticism, asking the tough questions. It is well known that multinationals and other interested parties are well served by international lawyers who will not neglect the tough technical problems.

No doubt methodology can be over-emphasised. It is clear that many lawyers have long and successful careers probably without once stopping to worry about methodology. In contrast are the linguistic philosophers who are rather like the gardener who spends his entire career in the tool shed and seed store but never gets out and grows any vegetables. Whilst the problems can be exaggerated, nonetheless there are problems and in a sense I want to raise questions without having firm views about the answers. I think this is exactly the forum in which we can exchange our views and impressions.

In my opinion the New International Economic Order presents problems of sources of a magnitude which is greater than the problems which have to be faced even when one is dealing with relatively old established parts of customary international law. In the first place we look at the nature of the sources. There is an incredible variety of sources, using the term “sources” in a rather question-begging way.