bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Legal Profession in Kenya
Authors: Ojwang J. B. , Salter D. R. 
Published: July 2009

The legal profession, and legal education (which is the subject of an earlier article), in operational terms form one continuum. On the earlier occasion we depicted legal education as, in essence, referring to “experiences and training which help different kinds of people to understand and use law in society”. In more specific terms, legal education is concerned with the formal or approved stages of education and training, in preparation for service in such legal roles as: representing parties in judicial or related proceedings; giving legal advice and preparing legal documents or instruments in non-contentious matters; presiding over or participating in tribunals of a legal or quasi-legal character; representing the state in matters of a legal or quasi-legal nature; etc.The often large body of professionals, who are the product of such a system of education, invariably necessitates the establishment of governing bodies; the enactment of regulatory legislation; the adoption of controlling practices; the fostering of certain norms and mores of professional culture; etc.
Customary Marriage and The Urban Local Courts in Zambia
Authors: Coldham Simon 
Published: July 2009

The local courts of Zambia are the successors to the native courts which the British set up in Northern Rhodesia, as elsewhere in colonial Africa, to administer justice to Africans. However, while the system of native courts originally existed in parallel with the system of English-style magistrates' courts, after independence the native courts (re-named local courts) were integrated into the judicial system, with appeals lying to subordinate courts (i.e. magistrates' courts) of the first or second class. Although it was the ultimate goal of the government to have a fully professionalised judiciary (a policy adopted by Kenya in 1967), it recognised that the local courts still had an important role to play in the administration of justice, particularly in the rural areas. Twenty years later it looks as if their future is secure. If the amount of business transacted by the local courts and the paucity of appeals from their decisions provide an indication of their popularity and effectiveness, they would seem to have proved their worth.Like their predecessors, the local courts have a limited criminal jurisdiction, but the bulk of their business is civil. They have jurisdiction in most civil matters where the claim does not exceed 200 kwacha. Some of these cases are actions for the recovery of a debt, actions for assault or actions for defamation of character (most frequently, accusations of witchcraft), but the majority of the cases could be broadly categorised as “family” cases, including divorce, adultery, seduction and inheritance claims.
The Independence of the Judiciary under the Third Republican Constitution of Nigeria
Authors: Ikhariale M. A. 
Published: July 2009

One of the fundamental principles underlying the Nigerian constitutional process is that of the independence of the judiciary. The concept, in its basic form, embodies the entire philosophy of constitutional democracy especially as emphasised by the preamble to the Constitution which is for “promoting the good government and welfare of all persons … on the principles of Equality, Freedom and Justice”. In a country such as Nigeria which is presently characterised by political and economic underdevelopment, it is generally considered constitutionally desirable that a viable contrivance such as the institutional separation of the judiciary from the other arms of the government is a necessary bulwark against all forms of political and social tyranny, administrative victimisation and oppression. In other words, the freedom of the judicature from any influence, whether exerted by the legislature or the executive, or even from the judiciary itself, which is capable of leading to any form of injustice, abuse, miscarriage of justice, judicial insensitivity or other court-related vices is a condition sine qua non for the establishment of a durable political order based on the rule of law and constitutionalism.The notion of the independence of the judiciary has its philosophical ancestry in the time-honoured theory of the separation of powers, a doctrine which incidentally features prominently in the allocation of state powers under the Nigerian constitutional scheme.
Recent Constitutional Developments in Mozambique
Authors: Hall M. , Young T. 
Published: July 2009

Constitutions remain a puzzle. They are not conscious falsehoods, yet they are clearly not in any simple sense “true”. Nor are they a matter of self-deception on the part of their drafters, being as much intentionally aspirational or programmatic as regulatory. There is some virtue in Finer's characterization of them as “autobiographical” but even this becomes problematic when we speak of constitutions in the ex-colonial world which are often documents more easily made sense of in the context of other constitutional documents than the realities of the polities they supposedly regulate. All these issues are brought into very sharp focus by the experience of a country such as Mozambique, which in its short history since independence in 1975 has adopted two quite different societal projects in the form (amongst other things) of constitutional documents. The differences between these two projects are obvious and are commented on extensively in what follows. The categories utilized in both, it may be noted, are rooted entirely in European political and intellectual experience and, arguably, what is striking about the liberal and socialist options that they embody is not so much their (highly advertized) differences but what they have in common, including a profound intolerance and a determination to remake the world in their own image. Seen in this way the study of constitutions and constitution-making have interesting things to tell us about the processes of Westernization of our world.Mozambique's new constitution came into force on 30 November, 1990, replacing the Independence Constitution of 25 June, 1975. It eliminated the leading role of the Frelimo party, introduced multi-party politics, and changed the official name of the country from the People's Republic of Mozambique to the Republic of Mozambique.
Accountability of the Head of Family in Ghana: A Statutory Solution in Search of a Problem
Authors: Kludze A. K. P. 
Published: July 2009

By a decree, the Head of Family (Accountability) Law, 1985, it has now been statutorily established that, in Ghana, whatever may have been the doubts in the past on the issue, the Head of Family is accountable for any family property entrusted to him. The relevant provisions of the Law are:Section 2 of the Law provides for an application by motion to the court for accounts by “any member of the family to which such property belongs who has or claims to have any beneficial interest in the property]. The only proviso is that such an application may not be entertained unless the court is satisfied that a settlement within the family has been attempted without success. The obvious reasons for this procedural requirement are to encourage the resolution out of court of family disputes relating to family property, and to conserve judicial resources.Perhaps ex abundanti cautela the new legislation makes accountable not only the head of family but also any other person who has possession, control or custody of family property. It has never been doubted that a person other than a head of family who has possession, control or custody of family property is fully accountable for the property. The problem, such as there was, related to the question of accountability for family property by the head of family.
Land Title Registration Without Prejudice: The Ghana Land Title Registration Law, 1986
Authors: Woodman Gordon R. 
Published: July 2009

Professor Antony Allott's first studies of law in Africa were of Ghanaian land law. From an early date he has discussed issues of land title registration in Africa. It is therefore fitting in this celebratory number to note that Ghana, after many years of debate and delays, recently enacted a statute providing for the registration of interests in land throughout the country. It is planned that the Land Title Registration Law, 1986 (P.N.D.C.L. 152) (hereafter “the Law”) will be brought into operation in stages as areas are successively designated “registration districts”. It is expected to begin with Accra “and designated agricultural areas”, according to the Memorandum to the Law. When an area is so designated, the Chief Registrar of Lands will be obliged forthwith to call upon all persons claiming interests in land therein to present their claims. Those proven, after adjudication if necessary, will be registered, and the register will be conclusive. All subsequent changes in the holding of interests are to be effectuated through changes in the register. The Land Title Registration Regulations, 1986 (L.I. 1341) have already been made to provide in more detail for the procedures to be followed.This contribution attempts to provide a brief, critical summary of the central features of the Law. It considers these in the context of the historical development of Ghanaian land law, and contrasts them with features of certain other schemes which have been implemented or proposed.
The Adoption Act of Sierra Leone
Authors: Lisk Ida E. 
Published: July 2009

The long-awaited Adoption Act was passed in 1989. The object of the Act as indicated in the objects and reasons of the Bill is to make provision for the adoption of juveniles by persons who are fit and willing to do so. Informal adoptions existed in Sierra Leone in a variety of situations but for the past decade there has been a growing realization that these arrangements needed a legal stamp in order to provide proper security for the child and for the adopters who often feared that the natural parent might claim possession of the child after a number of years of care by the adopters. The absence of any provision for legal adoption was a cause for concern for couples who wished to provide a permanent home for children who were not their natural children.In the past lawyers have attempted to fill this vacuum by ensuring that the natural parent or parents executed a contract with supporting affidavits, where requisite, disclaiming all rights and liabilities towards the child. Such contracts were not strictly legal and lawyers therefore attempted to include a clause (which did not have legal validity) whereby the natural parent could resume his or her rights over the child only if he or she compensated the adopters for all expenses incurred during the child's upbringing. The size of the expenditure involved was often enough to discourage the natural parent's efforts to gain custody over the child.
Colonial relics I: the requirement of a permit to hold a peaceful assembly
Authors: Stevens Joanna 
Published: July 2009

In November 1993, in the case of NPP v. Inspector-General of Police, Archer, CJ., in striking down Ghanaian legislation providing for the licensing of peaceful assemblies, stated rhetorically:“… police permits are colonial relics and have no place in Ghana in the last decade of the twentieth century. …Those who introduced police permits in this country do not require police permits in their own country to hold public meetings and processions. Why should we require them?”Over the last three years, possible justifications for the retention of laws requiring that a permit be obtained prior to holding a peaceful assembly have been examined and rejected by the courts of Zimbabwe, Tanzania and Zambia as well as Ghana. In all four jurisdictions such laws were struck down as unconstitutional as being contrary to the fundamental right to freedom of assembly and, additionally, in Zimbabwe, Tanzania and Zambia, the right to freedom of expression. This article assesses the interpretation by the courts of the relevant limitation clauses under the respective constitutions and raises the question of why, within the space of 12 months, courts in West, Southern and East Africa, although unaware of each other's decisions, reached the same conclusion on a law which had been present on the statute books since colonial times. It is suggested that these series of cases signify a turning point in the development of constitutional law in Commonwealth Africa with respect to civil rights.
The Land Use Act and the State of Nigerian Land Law
Authors: Agbosu L. K. 
Published: July 2009

The Land Use Act, 1978, is a product of the inherent contradictions of the colonial and neo-colonial dependent, pseudo-capitalist economic structures established in Nigeria since colonial times. By the 1970s these contradictions became so seŕious that they threatened to become a clog on the growth of the capitalist economy. If such contradictions were allowed to reach a nodal point, conditions for the self-negation of the existing socio-economic and legal order would have ensued. The legislature, it would seem, narrowly identified the problem with private ownership of lands from its own class perspective, that is without a scientific conception of the problems in terms of ownership in the theory of social relations. A scientific conception of the problems would have revealed the essence of the difficulties as relating, not merely to the procedural aspects of private ownership of the lands, such as certainty of title, registration of title, etc., but concerning the institution of private ownership as an economic and legal category around which the exploitation of man by man is organised in class-divided societies.Such a scientific perception of the problems would have demanded a lasting solution that not only abolished private ownership rights in land but also abolished private ownership of other means of production. The socialisation of all means of production would have amounted to a holistic approach to the solution of the problems in the interest of the nation as a whole.
Execution of Judgments and Means of Enforcement Available to a Court in Nigeria
Authors: Fabunmi J. O. , Akai O. O. 
Published: July 2009

SUMMARYAlthough the judiciary is the weakest branch of the government and must depend on the executive branch to enforce its judgments, it is not the integrity, or prestige of the judiciary that is at stake when the executive fails to comply, or to comply satisfactorily with court orders and judgments. In such situations, the authority of the state is called into question.Clearly, where private persons are unable to concretise their remedies by enforcement, the relevance of the whole judicial process is called into question. In this regard one may say that the existing rules of enforcement are sufficiently geared to prevent that anomaly.In actions involving private parties the judiciary is an impartial arbiter and it is up to the party aggrieved to pursue his claim to the logical conclusion. The Sheriffs and Civil Process Laws are designed to facilitate this. Not only are officers of state placed at his disposal but he has the ultimate weapons, in an action for committal of an irresponsible judgment debtor. Yet, the formalities appurtenant to the issuance and execution of the various writs have appropriately built in devices, that allow the respondent to comply at any stage and thus save himself financial loss, or loss of his liberty.In the field of enforcement of non-money judgments the ultimate weapon is an action for committal initiated at the suit of the plaintiff. The same safety devices are available. In particular, where possible, the Court will employ another means of enforcing the judgment, or order.Although, there is provision for the appointment of commissioners (eg. in sequestration proceedings) and referees (in enquiries) there is little resort to these provisions, not only because sequestration proceedings are extremely rare but probably also because there is seldom need for the appointment of referees in our courts.It is in the enforcement of judgments against the state and government functionaries that rapid changes have occurred. Although, injunctions and mandamus will still not lie against government, it can now be sued and indirectly be made to obey court orders through actions directed against state functionaries. There is increasing willingness on the part of the courts to subject judicial, or quasi-judicial actions of government to judicial review. The problem remains as usual that of giving teeth to such orders since the very executive against which orders are made, is depended on to enforce such orders. Hence the judiciary has developed safety valves in actions for judicial review to prevent collision with the executive. Utmost discretion is exercised by judges in granting orders for review and they will generally do so only as a last resort
Private Sector Housing in Ghana: Some of the Legal Aspects of State Control since 1982
Authors: Kufuor K. Oteng 
Published: July 2009

This article examines the use of the law by the state to achieve its aim of social justice. It focuses on how, through a series of laws, the state has endeavoured to regulate private sector residential rents at the lower end of the market (up to a ceiling of 1,000.00 cedis) and the occupation of residential accommodation. An analysis is thus given of the nature of the laws in question as well as the institutions and organs of the state that were either set up, or had the scope of their powers broadened, in pursuance of the state's objectives.On 31 December, 1981 a military junta, the Provisional National Defence Council (PNDC) assumed power in Ghana. It had as one of the cornerstones of its political agenda the establishment of “true democracy” for all Ghanaians who, according to the new rulers, had been denied this right by previous civilian and military regimes. As a consequence, the PNDC enacted Law 42 which encapsulated in part the Directive Principles of State Policy (hereinafter the Directive Principles).
Recent Environmental Legislation in South Africa
Authors: Goolam Nazeem 
Published: July 2009

Section 24 of the Constitution of the Republic of South Africa, Act 108 of 1996, provides:“Everyone has the right(a) to an environment that is not harmful to their health or well-being; and(b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that(i) prevent pollution and ecological degradation;(ii) promote conservation; and(iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”
The jurisdiction of State High Courts in Nigeria
Authors: Essien Enefiok 
Published: July 2009

The jurisdiction of State High Courts in Nigeria is to be found in section 236(1) of the 1979 Constitution of the Federal Republic of Nigeria. The section provides:“236(1). Subject to the provisions of this constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of a State shall have unlimited jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating ot any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.”
Some Reflections on the Natal Code
Authors: Cassim N. A. 
Published: July 2009

This article attempts to reflect upon the present state of indigenous customary law in South Africa, more particularly as codified in Natal, and to assess the suitability of the system today, as well as its place in the South African legal order. Verloren van Themaat has argued for the retention of indigenous law as follows:
“Die reg is deel van ’n volk se kultuur, en elke besondere volk het sy eie kultuurpatroon. Die eiesoortigheid van n kultuur verdwyn nie sonder meer met opvoeding en beskawing nie, die kultuur van een groep is nie maar net die kultuur van ’n ander groep in vroeëre stadium van ontwikkeling nie.”3
The International Development Strategy for the Third United Nations Development Decade
Authors: Flory Maurice 
Published: July 2009

The United Nations is entering the third development decade designated by a resolution which is part of the series now consisting of three texts which have guided the efforts of the United Nations over the last 20 years. The present document took a long time to produce and was the object of particular care and attention. The General Assembly resolution of 17 December, 1977, provided that:— all negotiations should be conducted within the framework of U.N. institutions— an extraordinary session of the General Assembly should be held in 1980 to assess and to identify the new strategy for development— a plenary committee should be established, open to all member states, to prepare for the meeting of the Extraordinary Session in 1980.On the one hand the third decade was to open “global negotiation” and the plenary committee was to prepare the ground for these negotiations; on the other hand, a committee was to devise the new strategy and to present it to the Eleventh Special Session. Those were the two aims; and the Group of 77 were determined to link them in a single ten-year-plan, in what is called in the U.N. terminology a ten years strategy. Three of these strategies have been adopted so far. The General Assembly in its resolutions A/1710 (XVI) and A/1715 (XVI), 19 December, 1961, declared the period 1960–70 the first U.N.Decadeof development: a period in which special efforts should be made by all, in favour of those who live in the less developed countries.
Tswana Concepts of Custom and Law
Authors: Schapera I. 
Published: July 2009

When discussing rules or modes of conduct, Tswana generally referred to them collectively asmekgwa lemelao(plural forms respectively ofmokgwaandmolao; le- is a conjunctive formative). In the standard Tswana dictionary,mokgwais defined as “a custom, a habit, a peculiarity”, andmolaoas “a law”; and when used together in a single phrase they were usually translated “custom(s) and law(s)” or, since the word order was flexible, “Law(s) and custom(s)”. The following are some examples, taken from written texts:In a Malete case (27.1938), a widow claimed and was awarded her late husband's cattle, but the judge told her that,kamokgwa lemolao waSeiswana, “according to Tswana custom and law”, she could not take them with away from her husband's ward.
Research on Customary Law in German East Africa
Authors: Redmayne Alison , Rogers Christine 
Published: July 2009

German scholars contributed an impressive amount to many different disciplines in their studies of German East Africa and other German colonies, particularly between about 1890 and 1910. Much research was undertaken and a considerable amount was published. Then, after the First World War, when Germany lost her colonies, some valuable work was abandoned. One important project which suffered was the collection of data on customary law in the former German colonies. The sets of answers to a questionnaire were the main source used in compiling a large two volume study,Das Eingeborenenrecht(1929 and 1930), which is available in research libraries outside Germany. However, the original printed sets of answers are a more valuable source of ethnographic and legal data than the book; but they are little known and appear to have been generally unavailable outside Germany and Tanganyika. Rhodes House Library, Oxford, now has a copy of the original German questionnaire and a microfilm of the sets of answers for German East Africa. The purpose of this article is to explain how the original German research project developed, to present an English translation of the final version of the questionnaire (see Appendix A, below), a check list of the most important facts about each of the sets of answers collected in German East Africa (see Appendix B, below), and a brief assessment of the value of this data.This research is interesting when it is seen from any of the following points of view;