bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Winds of Change. Political and Constitutional Evolution in Francophone Africa, 1990–1991
Authors: Reyntjens Filip 
Published: July 2009

“Never in my lifetime”: it has always been a risky sentence for political leaders, as the former Rhodesian Prime Minister Ian Smith knows only too well. The astonishingly rapid evolution in Africa today has made the phrase sound almost suicidal. Zaire's President Mobutu, for instance, claimed at the beginning of 1990 that “never in my lifetime will there be multi-partyism in Zaire”; after he was forced to announce the lifting of all restrictions on 9 October of the same year, more than 100 political parties had become active by the beginning of 1991 and Mobutu's own prospects for political survival now seem increasingly slim. He is just one of the many heads of state in French-speaking Africa who have been forced into performing a drastic U-turn during 1990.Both single party rule and socialism have come under increasing strain over the last year. In Francophone Africa in particular, virtually no country has been untouched by the wave of political reform. A combination of factors accounts for this spectacular evolution.
The Constitution of Namibia: an Overview
Authors: Cottrell Jill 
Published: July 2009

Namibia finally achieved independence on 21 March, 1990, after a long struggle and many false hopes and setbacks. In a nutshell: the territory was colonized by Germany. It was seized by South African forces during the First World War, and then made the subject of a League of Nations Mandate, administered by South Africa, after the war. Following the Second World War, South Africa tried to incorporate the territory, a move resisted by the United Nations. In 1966 the International Court of Justice denied standing to Ethiopia and Liberia to allege breaches of the mandate. However, shortly thereafter the UN voted to terminate the mandate. At about the same time the South West African People's Organization (SWAPO) launched its armed struggle. South Africa's response to these developments was to implement plans for the closer integration of the territory into the South African state, and into the system of apartheid. As a result, a system of native authorities, based on ethnicity, was introduced.In 1975 the “Turnhalle” talks were started which, although rejected by most of the black groups, led to the establishment of a constituent Assembly. During the same period, a “Contract Group” of Western Nations began to negotiate with South Africa over a settlement for Namibia. The ultimate proposals were accepted by the UN, SWAPO and South Africa, and the plans were recognized by UN Resolution 435. But immediately thereafter problems began to arise, and talks about implementation stopped and started for a number of years.
Over a Hundred Years of a National Legal System in Ghana
Authors: Asante Samuel K. B. 
Published: July 2009

On 1976, Ghana celebrated the centenary of the establishment of its Supreme Court. But this was more than a centenary of a supreme court. It was in fact the celebration of a hundred years of a national legal system. During the past century, Ghana has operated a pluralistic legal system encompassing English and other Western juristic ideas and procedures on the one hand, and Ghana's own indigenous laws on the other. The burden of this paper is to undertake an appraisal of the efficacy of this legal heritage and to consider the challenge which this legacy poses. The emphasis is not so much on the historical or analytical description of the nation's legal heritage as on a functional review of the totality of Ghana's legal experience in the light of the prevailing social and economic conditions. More precisely, to what extent have the Ghanaian courts and legislative bodies succeeded in moulding both the received law and the indigenous customary law to respond to the pressing social and economic needs of the country? Is there in fact a peculiarly Ghanaian legal tradition?The first Supreme Court was established in 1853, but its jurisdiction was confined to the coastal settlements and it could not pretend to be a national institution. The modern Ghanaian legal system was inaugurated by the Supreme Court Ordinance, 1876, which not only established a national judicial system but also prescribed the law and procedure to be applied in this court system.
The Functions of the Law of Torts in Africa
Authors: Cottrell Jill 
Published: July 2009

Professor Allott observed nearly a quarter of century ago:“There can be no justification (other than inertia) for the continued application of the unreformed English law of torts in modern African countries”.There is no doubt that he was right; there is equally no doubt that it is still substantially the unreformed law which is applied. Certainly there has been very little in the way of legislative change. This paper is not concerned mainly with this question, but with what uses African litigants and their lawyers have found for this exotic field of law, and also, to some extent, with the further question of how far the law has proved fitted for the tasks.A glance at legal periodicals in the United Kingdom and even more so in the USA indicates that there is something of a ferment in tort scholarship. We find writers asking questions like “Does tort have a future?” While at the same time others demand that tort take on new roles. By way of complete contrast, it might appear from African legal literature that the law of tort is of virtually no significance. There are very few books and journal articles are relatively rare. It attracts even less attention from those who write on law and development.It has been said of the Antipodean law of tort that it “does not, in general, reflect the Australian outback and its pastoral economy, nor New Zealand's earthquakes, volcanoes and glaciers, nor exemplify an Australian or New Zealand ethos”.
The law and practice of customary arbitration in Nigeria: Agu v. Ikewibe and applicable law issues revisited
Authors: Igbokwe Virtus Chitoo 
Published: July 2009

“Reservations about any concept do not automatically discredit it but allow for healthy and open debate to take place… the discussions that can arise from any such criticism, constructive or otherwise, can often lead to a greater awareness of the values of the system and ways in which it can be strengthened and made more effective in the interests of the general public.”This article critically examines the controversies surrounding the law and practice of customary arbitration in Nigeria against the background of the decision of the Nigerian Supreme Court inAgu v. Ikewibe. The case law on customary arbitration is briefly reviewed with a view to demonstrating that prior to theAgucase, there existed a divergence of opinion among judges on some fundamental principles of the law and practice of customary arbitration in Nigeria, particularly with respect to the right of the parties to withdraw at any stage of the arbitration proceedings or even after the award is rendered. The article disagrees with the views of some judges and learned scholars that theres no distinction between customary arbitration and other consensus-oriented dispute resolution methods such as negotiation and conciliation. In disagreeing with these views, it is argued that in distinguishing customary arbitration from negotiation or conciliaion, the nature of the decision-making process should be of paramount consideration. It will further be argued that the binding nature or enforcement of the decisions of a judicial or quasi-judicial body differs from society to society. These enforcement mechanisms should not be divorced from the social relationships existing in a particular society. In conclusion, the article endorces the decision of the Supreme Court inAgu v. Ikewibeas the correct restatement of the law and practice of customary arbitration in Nigeria.
Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure
Authors: Ng'ong'ola Clement 
Published: July 2009

In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with common law notions and conceptions imported into the country with colonial rule. To some extent both State land and freehold land are held under or governed by “received law”, in contradistinction to tribal land which is largely held under customary law.In 1968, barely two years after independence, the Botswana parliament enacted legislation which attempted to reform customary land tenure by replacing existing customary or tribal institutions of land control and administration with statutory land boards. These started operating in 1970, and it soon became apparent from early assessments that even this limited and cautious programme of reform would not escape some of the problems associated with land transformation exercises elsewhere in Africa.
Void Assessments to Income Tax in Nigeria
Authors: Elegido J. M. 
Published: July 2009

Many Nigerian decisions in tax cases have firmly established the possibility of raising the defence of lack of jurisdiction in the assessment in an action for recovery of tax. This development has resulted from decisions of the courts and has led to a significant shift from the practice in the U.K. There— aside from the possibility of applying in rather exceptional cases for judicial review—the consideration of any issues, whether of fact or of law, as to the merits of an assessment is confined to appeals before the Commissioners with further appeal to the High Court on points of law. This apparently technical difference has had great practical importance. Recourse to the courts for the purpose of tax recovery has become more difficult for the Revenue and this has encouraged the development of extra-judicial methods of tax collection.A study of those Nigerian decisions that have established, extended and applied this doctrine, and of its consequences, should be of interest in other anglophone African countries. The income tax statutes of many such countries are basically similar due to their common descent from a “Model Ordinance” prepared in the U.K. in 1922. Decisions of the Nigerian Courts on the construction of provisions of the Nigerian tax statutes are of persuasive authority in other Commonwealth countries with similar provisions in their own tax enactments.This paper first provides a broad outline of the Nigerian legislation on tax assessments, appeals and collection in order to facilitate the understanding of the points discussed later.
Zimbabwe: Drawing a Line Through the past
Authors: Carver Richard 
Published: July 2009

“We were trying to kill each other; that's what the war was about. What I am concerned with now is that my public statements should be believed when I say that I have drawn a line through the past.” (Prime Minister Robert Mugabe, on retaining the head of Rhodesian intelligence in charge of Zimbabwe's Central Intelligence Organization).“Nothing the police are doing now is new. The police have learned all their bad habits from the Rhodesian police. The beatings, the electric shock …” (former Rhodesian police officer).
The defence of bona fide claim of right in Nigeria
Authors: Okonkwo C. O. 
Published: July 2009

The trend of some Nigerian decisions where the defence of honest claim of right is raised is disturbing and shows a lack of proper appreciation of its scope. The defence is contained in section 23 of the Criminal Code which provides as follows:“A person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by him with respect to any property in the exercise of an honest claim of right and without intention to defraud”.This defence applies to all offences relating to property: stealing, robbery, demanding property with menaces, malicious damage to property etc. But it features more in theft offences than in other offences relating to property.
The Design and Implementation of Customary Land Reforms in Central Malawi
Authors: Ng'ong'ola Clement 
Published: July 2009

In 1967 the Malawi Parliament passed a set of statutes which were intended to provide a new legal framework for rural agrarian change. The President, Dr. Banda, emphasised during the proceedings that existing customs for holding and tilling land were outdated, wasteful and totally unsuitable for the development of a country with agriculture as the basis of the economy. He suggested that the main problem was the absence of individual titles:“No one is responsible & for the uneconomic and wasted use of land because no one holds land as an individual. Land is held in common & and everybody's baby is nobody's baby at all.”He argued that the existing laws and customs discouraged individuals and institutions from providing loans for the development of land. New laws were therefore required to ameliorate the situation:These remarks were not completely novel; they echoed and repeated recommendations in the reports of the East Africa Royal Commission, 1953–55, and the Conference on African Land Tenure in East and Central Africa held in Arusha, Tanzania, in 1956. The defects of customary land tenure pertaining to shifting cultivation and the preponderance of group control over land holding and use which the Malawi President particularized were not the only justifications for reform. The reports suggested that tenure reforms were necessary where population explosion and shortage of land contributed to the uncontrolled emergence of land dealings; where unfixed and uncertain customary land boundaries contributed to excessive land litigation; and where succession rules led to excessive fragmentation and sub-division of holdings.
Ten Years of the Botswana Matrimonial Causes Act—Further Proposals for Divorce Reform
Authors: Sanders A. J. G. M. 
Published: July 2009

The Matrimonial Causes Act, 1 of 1973 (Cap. 29:07 of the Laws of Botswana) was passed by the National Assembly on 27 October, 1972. It was assented to by the then President of Botswana, the late Sir Seretse Khama, on 2 February, 1973, and entered into force a week later on 9 February, 1973. The Act applies to civil marriages only, i.e. marriages concluded in terms of the Marriage Act (Cap. 29:01); customary law marriages have been excluded from its operation. As its short title indicates, the Act deals with matrimonial causes, that is to say divorce, judicial separation and the annulment of marriages and matters incidental thereto such as the property rights of spouses, custody, guardianship, maintenance and the jurisdiction of the courts.During its first 10 years of existence the Act has been the subject-matter of many a decision of the High Court and provisions of it have been considered also by the Court of Appeal. Most of these decisions deal with divorce. In academic circles, too, the Act received attention, witness the review by Chris Himsworth in theJournal of African Law. This review was written immediately after the Act came into force. An updated account is therefore appropriate. As I intend to approach the Act from a broader historical and jurisprudential angle, I will deal with it afresh rather than use Himsworth's penetrating but positivistic analysis as a frame of reference.
The Lagos Plan of Action—Legal Mechanisms for Co-Operation Between the Organisation of African Unity and the United Nations Economic Commission for Africa
Authors: D'Sa Rose M. 
Published: July 2009

The African continent represents a region which faces economic problems of the utmost severity at a time when the global economy itself is ravaged by inflation, unemployment and the effects of a world recession. Africa contains 21 of the world's 45 least-developed nations. Its total Gross National Product accounts for only 2·7 per cent. of the world's Product and Africa has the lowest average per capita income in the world. Many African countries lack basic medical and health care facilities while food shortages and severe unemployment affect a very high proportion of African peoples. Internal African development strategies of the past have been subjected to critical investigation in an attempt to assess the sources of the continent's development problems. Despite its vast natural resources and the praiseworthy efforts of many African governments, the continent as a whole (excluding South Africa) is unable to show any significant economic expansion or growth.The 1980 Lagos Plan of Action represents the most recent initiative undertaken by the Organisation of African Unity (O.A.U.) in conjunction with the U.N. Economic Commission for Africa (E.C.A.) to develop a successful regional strategy for African development. It aims at economic growth in each individual African state in different sectors including food and agriculture, industry and in environmental and energy matters. It adopts specific as well as general targets with time limits, for each aspect of economic planning.
Parasites ofApollonia melanostoma(Pallas 1814) andNeogobius kessleri(Guenther 1861) (Osteichthyes, Gobiidae) from the Danube River in Austria
Authors: Mühlegger J.M. , Jirsa F. , Konecny R. , Frank C. 
Published: July 2009

AbstractTwo invasive fish species, the round gobyApollonia melanostomasyn.Neogobius melanostomus(Pallas 1814) and the bighead gobyNeogobius kessleri(Günther, 1861), have established a firm population in Austrian waters during the past 15 years. As there have been no records of the parasite fauna from these populations, a total of 79 specimens ofA. melanostomaand 12 specimens ofN. kessleriwere examined for parasites between May and October 2007 from three different sampling sites from the Danube River in Austria. In total 12 parasite taxa were recovered. The protozoansTrichodinasp. andIchthyophthirius multifiliisfrom the gills and skin; two crustacean species,Paraergasilus brevidigitusandErgasilus sieboldi, from the gills; and the two monogeneansGyrodactylussp. andDactylogyrussp., from the skin and gills respectively, all occurred at low prevalence and intensities. Furthermore, cystacanths of the acanthocephalanAcanthocephalus luciiwere found in the body cavity. Metacercariae of the digeneansDiplostomumsp. andTylodelphys clavatawere found in the lens of the eye and the vitreous humour, respectively. Adults of two digeneans,Nicolla skrjabiniandBunodera nodulosa, were found in the intestine. In addition, during this survey metacercariae of the Holarctic digeneanBucephalus polymorphus, encysted in the skin and fins, with prevalence up to 78%, were recorded for the first time in Austria.
Gastro-intestinal nematode infections in goats relative to season, host sex and age from the Kashmir valley, India
Authors: Tariq K.A. , Chishti M.Z. , Ahmad F. 
Published: July 2009

AbstractThe present study aimed to investigate the seasonal epidemiological prevalence of gastro-intestinal nematodes (GINs) of goats with respect to sex and age of the host in the Kashmir valley from 1 February 2005 to 31 January 2007. A total of 1267 goats were examined [faecal examination: 938 (year 1: 470; year 2: 468); gastro-intestinal (GIT) examination: 329 (year 1: 175; year 2: 154)]. The overall prevalence of GIN infection in these animals was 54.3% (year 1: 54.8%; year 2: 53.8%; P = 0.842). The different parasites reported with their respective prevalences (%) were: Haemonchus contortus (48.3); Bunostomum trigonocephalum (30.1); Chabertia. ovina (29.8); Ostertagia circumcincta (29.8); Nematodirus spathiger (25.2); Trichostrongylus spp. (25.1); Oesophagostomum columbianum (23.5); Trichuris ovis (19.0); and Marshallagia marshalli (16.6). The mean maximum prevalence of GIN infection (faecal examination: 75.6 ± 0.20; GIT examination: 85.3 ± 0.95), faecal egg counts (2552 ± 85.7) and average worm burden (333.25 ± 2.25) were found in the summer and they were lowest in winter (prevalence: faecal examination, 23.2 ± 0.95; GIT examination, 12.7 ± 0.20; faecal egg counts: 134.15 ± 9.15; and average worm burden: 79.8 ± 52.2), with significant differences between the seasons (P < 0.05). The sex of the hosts was not an important factor influencing the prevalence of GIN infection. With the increase in host age, prevalence of infection decreased significantly (P ≥ 0.05). Thus seasonal dynamics and age of the host animals significantly influenced the prevalence of GIN infection. The above findings will be helpful in devising the appropriate control strategies for GINs of goats reared under the traditional husbandry system in temperate agro-climatic conditions in the Kashmir valley as well as in similar climatic zones of other parts of the world.
Landau damped kinetic Alfvén waves and coronal heating
Authors: SHARMA R. P. , KUMAR SACHIN 
Published: July 2009

AbstractSome recent observations of solar corona suggest that the kinetic Alfvén waves (KAWs) turbulence may be responsible for electron acceleration in solar corona and coronal heating. In the present research, we investigate the turbulent spectra of KAW due to filamentation process in the presence of Landau damping and particle energization. We present here the numerical simulation of model equation governing the nonlinear dynamics of the KAW in the presence of Landau damping. When the ponderomotive and Joule heating nonlinearities are incorporated in the KAW dynamics, the power spectra of the turbulent field is evaluated and used for particle heating. Our results reveal the formation of damped coherent magnetic filamentary structures and the turbulent spectra. The effect of Landau damping is to make the turbulent spectra steeper. Two types of scalings k−3.6 and k−4 have been obtained. We have studied the turbulence with different initial conditions. Using the Fokker–Planck equation with the new velocity space diffusion coefficient, we find the distribution function of energetic electrons in these turbulent structures. Landau damped KAWs may be responsible for the acceleration of the energetic electrons in solar corona and coronal heating.
Molecular epidemiology ofSchistosoma mansoniin Uganda: DNA barcoding reveals substantial genetic diversity within Lake Albert and Lake Victoria populations
Authors: STOTHARD J. R. , WEBSTER B. L. , WEBER T. , NYAKAANA S. , WEBSTER J. P. , KAZIBWE F. , KABATEREINE N. B. , ROLLINSON D. 
Published: July 2009

SUMMARYRepresentative samples of UgandanSchistosoma mansonifrom Lake Albert and Lake Victoria were examined using DNA barcoding, sequence analysis of two partially overlapping regions – ASMIT (396 bp) & MORGAN (617 bp) – of the mitochondrial cytochrome oxidase subunit I (cox1). The Victorian sample exhibited greater nucleotide diversity, 1·4%vs. 1·0%, and a significant population partition appeared as barcodes did not cross-over between lakes. With one exception, Lake Albert populations were more mixed by sampled location, while those from Lake Victoria appeared more secluded. Using statistical parsimony, barcode ASMIT 1 was putatively ancestral to all others and analysis of MORGAN cox1 confirmed population diversity. All samples fell into two of five well-resolved lineages; sub-lineages therein broadly partitioning by lake. It seems that barcode ASMIT 1 (and close variants) was likely widely dispersed throughout the Nilotic environment but later diversifiedin situ, and in parallel, within Lake Albert and Lake Victoria. The genetic uniformity of UgandanS. mansonican no longer be assumed, which might better explain known epidemiological heterogeneities. While it appears plausible that locally evolved heritable traits could spread through most of the Lake Albert populations, it seems unlikely they could quickly homogenise into Lake Victoria or amongst populations therein.