ALBERT

Description: The collection of chapters contained in this book originates from the first Raoul Wallenberg Institute Regional Africa Academic Network Conference held at the University of Zimbabwe, Harare, Zimbabwe in October 2022. The main aim of this book is to advance an understanding of the way Africa regional and sub-regional human rights systems contribute to access to justice on the continent and to generate further knowledge about the institutions that make up the African human rights adjudication system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child and sub-regional courts, such as the Economic Community of West African States Community Court of Justice.

Description: Published

Description: The collection of chapters contained in this book originates from the first Raoul Wallenberg Institute Regional Africa Academic Network Conference held at the University of Zimbabwe, Harare, Zimbabwe in October 2022. The main aim of this book is to advance an understanding of the way Africa regional and sub-regional human rights systems contribute to access to justice on the continent and to generate further knowledge about the institutions that make up the African human rights adjudication system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child and sub-regional courts, such as the Economic Community of West African States Community Court of Justice.

Description: Since its adoption on 11 July 2003, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) has become a landmark on the African human rights landscape. It has steadily gained prominence as a trail-blazing instrument, responsive to the diverse realities of women on the African continent. This comprehensive Commentary on the Maputo Protocol, the first of its kind, provides systematic analysis of each article of the Protocol, delving into the drafting history, and elaborating on relevant key concepts and normative standards. This Commentary aims to be a ‘one-stop-shop’ for anyone interested in the Maputo Protocol, such as researchers, teachers, students, practitioners, policymakers and activists.

Description: Published

Description: Populations in Africa are vulnerable to both the direct and indirect adverse effects of climate change that are of human rights significance. The urgency for states in Africa to implement climate interventions while they face developmental challenges, however, raises questions of ‘justice’ or ‘fairness’ between the developed and the developing states. Consequently, interrogating how the human rights paradigm may respond to negative implications of climate change and its ‘fairness’ is important as states continue to engage with the climate change standard setting. This edited volume critically interrogates human rights paradigm as an intervention to secure climate change justice for vulnerable populations; analyses regional protection against human rights consequences of climate change; and assesses emerging interventions based on domestic regulatory frameworks on climate change in selected states in Africa.

Description: Published

Description: Populations in Africa are vulnerable to both the direct and indirect adverse effects of climate change that are of human rights significance. The urgency for states in Africa to implement climate interventions while they face developmental challenges, however, raises questions of ‘justice’ or ‘fairness’ between the developed and the developing states. Consequently, interrogating how the human rights paradigm may respond to negative implications of climate change and its ‘fairness’ is important as states continue to engage with the climate change standard setting. This edited volume critically interrogates human rights paradigm as an intervention to secure climate change justice for vulnerable populations; analyses regional protection against human rights consequences of climate change; and assesses emerging interventions based on domestic regulatory frameworks on climate change in selected states in Africa.

Description: Technological innovation (4IR) in law teaching and learning: Enhancement or drawback during Covid-19? book emerged from a lecture series the Faculty of Law at UP hosted in the 2021 academic year. Aiming to test the state of teaching and learning during the pandemic, the lecture series asked whether ERT and learning (ERTL) compromised or enhanced the teaching and learning of law. Among others, various academics from UP Law as well as from the universities of KwaZulu-Natal, Johannesburg and Free State. as well as officials from the DHET, participated in the series. This collection comprises chapters written by some of the representatives who were involved in the lecture series. This book aims to set the tone for teaching and learning of law after the pandemic. It is our hope that the lessons learnt during the pandemic will be adopted in the day-to-day teaching pedagogy of law in the future. Despite the disruptions caused by the pandemic, a possibly unseen benefit can be identified. As this book argues, law teaching and learning using technological innovations have been positive for both academics and students. Thanks to technological innovation, the discipline of law is arguably in a far better position after the pandemic than before.

Description: Published

Description: Technological innovation (4IR) in law teaching and learning: Enhancement or drawback during Covid-19? book emerged from a lecture series the Faculty of Law at UP hosted in the 2021 academic year. Aiming to test the state of teaching and learning during the pandemic, the lecture series asked whether ERT and learning (ERTL) compromised or enhanced the teaching and learning of law. Among others, various academics from UP Law as well as from the universities of KwaZulu-Natal, Johannesburg and Free State. as well as officials from the DHET, participated in the series. This collection comprises chapters written by some of the representatives who were involved in the lecture series. This book aims to set the tone for teaching and learning of law after the pandemic. It is our hope that the lessons learnt during the pandemic will be adopted in the day-to-day teaching pedagogy of law in the future. Despite the disruptions caused by the pandemic, a possibly unseen benefit can be identified. As this book argues, law teaching and learning using technological innovations have been positive for both academics and students. Thanks to technological innovation, the discipline of law is arguably in a far better position after the pandemic than before.

Description: This book assesses the impact and effectiveness of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) in 16 state parties. These countries are: Burkina Faso, Cameroon, Côte d’Ivoire, the Democratic Republic of Congo, Ethiopia, Eswatini, the Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, Tanzania, and Zimbabwe. Each of the chapters traces the impact that the Protocol has had on the policies, laws, court decisions, civil society activism, and legal education in the particular state. Each chapter also discusses the relationship of the state with the African human rights mechanisms. The book is an update of two prior volumes of essays, titled The impact of the African Charter and the Maputo Protocol in selected African states, published by PULP in 2012 and 2016, and edited by the Centre for Human Rights, Universityof Pretoria (Centre) and Victor Ayeni, respectively. The third edition, focused more narrowly on the Maputo Protocol, appears as the continent marks 20 years since the adoption of the Protocol on 11 July 2003. By 11 July 2023, 54 out of 55 African Union member states (with the exception of Morocco) have become party to the African Charter, and 44 of them have accepted the Maputo Protocol. The book is edited by and contains several chapters by alumni of the Master’s in Human Rights and Democratisation in Africa programme of the Centre. The Centre intends to use this research as the basis for a continuously updated database on the impact of the African Charter and Maputo Protocol.

Description: Published

Description: This book assesses the impact and effectiveness of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) in 16 state parties. These countries are: Burkina Faso, Cameroon, Côte d’Ivoire, the Democratic Republic of Congo, Ethiopia, Eswatini, the Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, Tanzania, and Zimbabwe. Each of the chapters traces the impact that the Protocol has had on the policies, laws, court decisions, civil society activism, and legal education in the particular state. Each chapter also discusses the relationship of the state with the African human rights mechanisms. The book is an update of two prior volumes of essays, titled The impact of the African Charter and the Maputo Protocol in selected African states, published by PULP in 2012 and 2016, and edited by the Centre for Human Rights, Universityof Pretoria (Centre) and Victor Ayeni, respectively. The third edition, focused more narrowly on the Maputo Protocol, appears as the continent marks 20 years since the adoption of the Protocol on 11 July 2003. By 11 July 2023, 54 out of 55 African Union member states (with the exception of Morocco) have become party to the African Charter, and 44 of them have accepted the Maputo Protocol. The book is edited by and contains several chapters by alumni of the Master’s in Human Rights and Democratisation in Africa programme of the Centre. The Centre intends to use this research as the basis for a continuously updated database on the impact of the African Charter and Maputo Protocol.

Description: Public International Law and the Regulation of Diplomatic Immunity in the Fight against Corruption by Kenneth K Mwenda 2011 ISBN: 978-0-9869857-9-9 Pages: 212 Print version: Available Electronic version: Free PDF available

Description: Published

Description: Since its adoption on 11 July 2003, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) has become a landmark on the African human rights landscape. It has steadily gained prominence as a trail-blazing instrument, responsive to the diverse realities of women on the African continent. This comprehensive Commentary on the Maputo Protocol, the first of its kind, provides systematic analysis of each article of the Protocol, delving into the drafting history, and elaborating on relevant key concepts and normative standards. This Commentary aims to be a ‘one-stop-shop’ for anyone interested in the Maputo Protocol, such as researchers, teachers, students, practitioners, policymakers and activists.

Description: Published

Description: Choice and Conscience offers a fresh and insightful perspective on the highly debated issue of conscientious objection in abortion care. Satang Nabaneh’s socio-legal approach, which draws on both traditional legal scholarship and African feminist intellectual traditions, provides a nuanced understanding of how legal norms construct and maintain power relations. By focusing on the experiences of nurses in South Africa, Nabaneh explores the complexities of conscience, discretionary power, and socio-cultural and political factors that influence nurses’ decisions about whether or not to conscientiously object. In the wake of the recent rollback of abortion rights in the United States and the trend towards liberalisation within the African region, Nabaneh provides an important African perspective on how the international human rights framework should strike a contextual balance between freedom of conscience and ensuring access to abortion. Choice and Conscience will interest lawyers, activists, policymakers, scholars, and students exploring the dynamic intersections of law, healthcare, and gender politics. Choice and Conscience … stands as a significant and valuable addition to the ongoing global scholarship on this critical issue. It underscores the vital concept that intersectionality should occupy a central place in our examination of how various local contexts give rise to layered forms of privilege and disadvantage. Dr Tlaleng Mofokeng, UN Special Rapporteur on the right to health … Nabaneh’s study of “law in action” zeros in on South African nurses--gatekeepers who often object to the practice for reasons of “conscience.” Her interviews of these nurses and her analysis complicate our understanding of challenges to abortion access, providing lessons applicable not only to South Africa and other African countries, but everywhere where there is a gap between formal law and its application. Mindy Jane Roseman, JD, PhD, Yale Law School Written from an African feminist perspective, this book offers fresh insights into our understanding of the intersection between politics, mobilisation of discretionary power and the exercise of conscientious objection to abortion by mid-level providers. Charles Ngwena, Professor of Law, Centre for Human Rights, University of Pretoria This book offers powerful insights about how informal and background norms in health systems function constrain or enable reproductive justice. Focusing on conscientious objection to abortion by nurses (including midwives) in South Africa, Nabaneh sketches the importance of a feminist analysis that is situated in Africans’ lived realities. Alicia Ely Yamin, Harvard University

Description: Published

Description: Published

Description: About the publication This volume comprises a small selection of papers first presented at the 2007 African Network of Constitutional Lawyers’ conference in Nairobi. With contributions from Côte d’Ivoire, Nigeria, Zambia, Malawi and the DRC, they cross the legal and language divides in Africa. Each paper raises issues that concern all Africans committed to good governance and human rights. They provide thought-provoking discussions of constitutional change and maintaining constitutional stability; ways of controlling the power of the executive; and who should control prosecutions, the executive or an independent body. They identify many challenges and try to chart new directions for the entrenchment of constitutionalism on the continent. All the contributions are in English and French to encourage a truly continental debate on these topical issues. This book is the first in the ‘Rule of Law in Africa’ series and the financial assistance of the World Bank is gratefully acknowledged. About the editors: Charles Fombad is Professor of law and Head of Department of Public Law at the Faculty of Law, University of Pretoria. Christina Murray is Professor of Human Rights and Constitutional Law at the University of Cape Town.

Description: Published

Description: About the publication This is the fourth edition of the Compendium of key human rights documents of the African Union updated to August 2010. This Compendium contains documents on human rights adopted under the auspices of the African Union (AU) and its predecessor, the Organization of African Unity (OAU), including documents adopted by the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights and those relating to the African Peer Review Mechanism (APRM) of the New Partnership for Africa’s Development (NEPAD). The earlier editions of the Compendium have been used widely by judges, lawyers, civil servants, NGOs and academics alike, in Africa and abroad, who have an interest in the African human rights system. Many of the documents reprinted here are also available in the reference work Human Rights Law in Africa (2004), edited by Christof Heyns and Morné van der Linde, and the African Human Rights Law Reports. These two publications contain many more sources than are reprinted here. For comprehensive coverage of human rights law in Africa and for updates on this material, see www.chr.up.ac.za. The titles of documents used in the table of contents have in many cases been abbreviated; the full titles are used as headings in the text. This Compendium was compiled at the Centre for Human Rights, with Christof Heyns and Magnus Killander as editors, with the assistance of Frans Viljoen. The assistance of Karen Stefiszyn, and Michelo Hansungule in the compilation of previous editions is gratefully acknowledged. Lizette Besaans formatted the document, supervised the production process and held the whole project together. The organogrammes of the AU were compiled by Karen Stefiszyn and Magnus Killander. Yolanda Booyzen provided IT assistance. Lizette Besaans is the manager of PULP. We are most grateful to Ms Julia Joiner, Commissioner for Political Affairs of the AU, for her warm encouragement and support for this publication, as is reflected in the foreword. This publication was supported by the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. The 2010 edition of the Compendium will also be available in French. An earlier edition is also available in Arabic and Portuguese. Compendium of key human rights documents of the African Union - Fourth Edition Edited by Christof Heyns and Magnus Killander 2010 ISBN: 978-0-9869857-0-6 Pages: ix 485 Print version: Available Electronic version: Free PDF available

Description: Published

Description: Historically Africa has suffered from numerous conflicts which are typically addressed through international criminal law mechanisms and courts, but the need for a broader approach is both evident and demanded. This book pulls together the debates originating from the conference “Criminal Justice and Accountability in Africa: National and Regional Developments” and highlights the different approaches and mechanisms used to date and what can be taken from them to advance justice and accountability across the African continent.

Description: Published

Description: Historically Africa has suffered from numerous conflicts which are typically addressed through international criminal law mechanisms and courts, but the need for a broader approach is both evident and demanded. This book pulls together the debates originating from the conference “Criminal Justice and Accountability in Africa: National and Regional Developments” and highlights the different approaches and mechanisms used to date and what can be taken from them to advance justice and accountability across the African continent.

Description: ARTICLES Nationality as an essential ingredient of diplomatic protection: Article 9 of the International Law Commission Draft Articles considered Amos O. Enabulele and Anthony Osaro Ewere Who is a tribesman? An examination of the continued utility of Section 3 of Botswana’s Administration of Estates Act E Macharia-Mokobi Balancing contending interests: A focus on tax harmonisation and associated policy issues Aniyie I. Azuka NOTES Electoral democracy in Africa: A critique of jealousy Mbizvo Mawarire v Robert Gabriel Mugabe N.O. and 4 Others CCZ 1/13 Gift Manyatera and Chengetai Hamadziripi The abolition of the doctrine of immutability in the matrimonial property regime in Botswana Tebogo Jobeta and Obonye Jonas

Description: Published

Description: About the publication All the chapters in this volume in one way or another reflect on change and transformation and how these changes/ transformations affect our sexed and gendered lives. The continuance of binaries, and objectifications and the maintenance of patriarchy notwithstanding these changes are teased out in various themes by the different authors. The contributions expose also how new approaches to how we live sex and gender do not necessarily manage to break or even radically challenge the old. From new technologies that can 'transform' gender, to new forms of pornography, freedom of sexual orientation, the creation of shopping malls, attempts to understand reproductive choices, restorative justice as response to sexual violence, women's testimonies, and women's mobility - all attempts are still hindered by conventional frameworks, structures and thought. A central call that emerges from all the contributions is one for more theory and more gender sensitive research and more listening to previously silenced voices. Comments from the reviewers: From the discussion of 'gentleman's pornography' to the consideration of women's travel needs in a development context, and Stephen Cohen's performance art, the contributions are firmly anchored in our own context and frame of reference. - Louise du Toit, University of Johannesburg I would like in conclusion to remark that the standard and academic merit of the contributions to this book bodes well for gender research in South Africa in future. - Irma Kroeze, Unisa About the editor: Karin van Marle is Professor at the Department of Legal History, Comparitive Law and Jurisprudence, at the Faculty of Law, University of Pretoria.

Description: Published

Description: It is unfortunate that the idea that Africa contributes to international law, and has always done so, remains (in 2022) largely a side note, an auxiliary approach, rather than something widely accepted and deeply entrenched. It is cause for pause that this is also true in Africa itself. Exploring African approaches to international law: Essays in honour of Kéba Mbaye is a volume of essays that aims to contribute to a larger effort of imagining what possible approaches to international law Africa has adopted in the decades since the 1960s. It also recognises the legacy of the great Senegalese jurist Kéba Mbaye. Edited by Frans Viljoen, Humphrey Sipalla and Foluso Adegalu, the volume is divided into five broad thematic parts, and comprises eleven chapters. It covers the following themes: ‘Kéba Mbaye in African approaches to international law’, ‘international legal theory’, ‘international human rights law’, ‘international environmental and criminal law’ and ‘teaching of international law’. This publication finds its origins in the 2017 Roundtable on African approaches to international law, held at the Centre for Human Rights, University of Pretoria. The explorations at the Roundtable on the concept of an ‘African approach’ to international law were taken further at the Kéba Mbaye Conference on African approaches to international law, held at the Senate Hall, University of Pretoria, in December 2018. This conference brought together around 80 students, academics, and members of civil society to address the many questions left unanswered by the death of Judge Mbaye, arguably Africa’s greatest international law jurist of his generation. It provided a forum to continue discussions on ‘African approaches to international (human rights) law’, building on but rethinking and ‘vernacularising’ the Third World Approaches to International Law (TWAIL) approach. The contributions to this publication flow from papers presented at the conference. However, the reflections in the book extend beyond Kéba Mbaye as central figure. The result is a broad treatment of various aspects of African approaches to international law by thirteen authors (and co-authors), covering a wide range of generational, geographic and thematic backgrounds and perspectives.

Description: Published

Description: It is unfortunate that the idea that Africa contributes to international law, and has always done so, remains (in 2022) largely a side note, an auxiliary approach, rather than something widely accepted and deeply entrenched. It is cause for pause that this is also true in Africa itself. Exploring African approaches to international law: Essays in honour of Kéba Mbaye is a volume of essays that aims to contribute to a larger effort of imagining what possible approaches to international law Africa has adopted in the decades since the 1960s. It also recognises the legacy of the great Senegalese jurist Kéba Mbaye. Edited by Frans Viljoen, Humphrey Sipalla and Foluso Adegalu, the volume is divided into five broad thematic parts, and comprises eleven chapters. It covers the following themes: ‘Kéba Mbaye in African approaches to international law’, ‘international legal theory’, ‘international human rights law’, ‘international environmental and criminal law’ and ‘teaching of international law’. This publication finds its origins in the 2017 Roundtable on African approaches to international law, held at the Centre for Human Rights, University of Pretoria. The explorations at the Roundtable on the concept of an ‘African approach’ to international law were taken further at the Kéba Mbaye Conference on African approaches to international law, held at the Senate Hall, University of Pretoria, in December 2018. This conference brought together around 80 students, academics, and members of civil society to address the many questions left unanswered by the death of Judge Mbaye, arguably Africa’s greatest international law jurist of his generation. It provided a forum to continue discussions on ‘African approaches to international (human rights) law’, building on but rethinking and ‘vernacularising’ the Third World Approaches to International Law (TWAIL) approach. The contributions to this publication flow from papers presented at the conference. However, the reflections in the book extend beyond Kéba Mbaye as central figure. The result is a broad treatment of various aspects of African approaches to international law by thirteen authors (and co-authors), covering a wide range of generational, geographic and thematic backgrounds and perspectives.

Description: About the publication In this book, Pat van den Heever assesses the application of the doctrine of a loss of a chance in medical negligence cases in South Africa. He emphasises the difficulties often encountered by courts when adjudicating on causation in medical negligence cases in the face of multiple causation theories. On the basis of a thorough review of the position regarding the doctrine of a loss of a chance in The United States of America, Australia and Britain, he proposes for South Africa a de lege ferenda loss of chance model for application in medical negligence matters. As the first ever major work dealing with the application of the doctrine of a loss of a chance in medical negligence matters in South Africa, this book is of interest to the courts and the legal profession generally, legal academics working in the field of medical law and the law of delict, health care providers, and members of the medical and allied professions, their councils, associations and protection societies. "This publication is the first authoritative and substantive research on the doctrine of a loss of a chance in the context of medical negligence in South African medical law ... Dr van den Heever's thorough and comprehensive comparative approach and discussion of the doctrine here, is commendable ... [T]his publication is indeed timely!" - Pieter Carstens, Professor of Medical Law, University of Pretoria

Description: Published

Description: About the publication Property Law in Namibia provides an autochthonous discussion of property law in Namibia. It does not only capture the constitutional, statutory and common law sources of property law in Namibia, but it also covers currently topical subjects such as property rights of women and land reform in Namibia. The publication is meant to be utilised by law academics, property law lecturers, legal practitioners and conveyancers, law students, students pursuing specialised land related programmes such as land use planning and officials in government ministries. Property Law in Namibia contains chapters on traditional concepts of property law such as the scope and nature of the law of property, classifications of things, real rights and personal rights, ownership and possession. Chapter 9 is devoted entirely to remedies, which is a departure from the norm, but where relevant, appropriate remedies are indicated in the specific parts of the text. In order to give prominence to Namibian property jurisprudence topics on the genesis of the land tenure systems of Namibia, land reform, and property rights of women in Namibia have either been dealt with in separate chapters or been included as parts of other chapters. This publication is meant to be utilised by law academics, property law lecturers, legal practitioners and conveyancers, law students, students pursuing specialised land related programmes such as land use planning and officials About the editor: Samuel K. Amoo is Advocate of the High Court for Zambia and Attorney of the High Court of Namibia. Associate Professor of Law (University of Namibia). Acting Director, Justice Training Centre (JTC) Property Law in Namibia by Samuel K. Amoo 2014 ISBN: 978-1-920538-22-4 Pages: 247 Print version: Available Electronic version: Free PDF available

Description: Published

Description: This volume of essays, A life interrupted: essays in honour of the lives and legacies of Christof Heyns, honours Christof Heyns, renowned human rights lawyer, advocate, activist and educator, but also down-to-earth family man, friend and colleague. Christof’s sudden and most untimely passing on 28 March 2021 deeply saddened those close to him but also evinced an outpouring of grief from the national and international human rights community. His passing brought a deep sense of loss, in part because, at age 62, he was fully engaged in contributing to the betterment of society and still had so much more to give. His is a life interrupted. But at the same time, looking back over the varied lives he lived, he had already left his mark in so many ways. His influences and impacts are manifold and magical. This collection not only testifies to the legacy that he has left us, but also to the ongoing efforts of many to continue building on his legacy. This collection contains two sets of essays by family members, friends, colleagues, collaborators and students. Part A contains essays of a more reflective and personal nature, while the contributions in Part B link to the scholarly or academic themes Christof had worked on and explored, including international human rights systems, international law, the right to life, freedom of association, international humanitarian law, the impact of human rights treaties, constitutionalism and legal philosophy. However, a neat distinction between the personal and professional is not possible in respect of such a warm, generous and enthusiastic person as Christof. Most of the essays in Part A integrate some of Christof’s professional and academic achievements, while many of the essays in Part B also reflect on Christof as a person. The editors, all based at the Faculty of Law, UP, are colleagues and friends who worked closely with Christof. Frans Viljoen succeeded Christof as Director of the Centre for Human Rights. Christof was his doctoral supervisor, mentor and research collaborator. Charles Fombad worked with Christof at ICLA, and took over as ICLA Director after Christof’s passing. Dire Tladi, an ICLA fellow, had his office just across from Christof in ICLA. As member of the International Law Commission, he shared with Christof high level engagement with the UN. While Christof served on the Human Rights Committee, his colleague Ann Skelton serves on the Committee on the Rights of the Child. Magnus Killander worked closely with Christof as co-author and co-editor. Christof was also his doctoral supervisor. The publication date of this book is 10 January 2022, which is the date marking 63 years since Christof’s birth. The publisher is the Pretoria University Law Press (PULP), of which Christof was also a founder.

Description: Published

Description: This volume of essays, A life interrupted: essays in honour of the lives and legacies of Christof Heyns, honours Christof Heyns, renowned human rights lawyer, advocate, activist and educator, but also down-to-earth family man, friend and colleague. Christof’s sudden and most untimely passing on 28 March 2021 deeply saddened those close to him but also evinced an outpouring of grief from the national and international human rights community. His passing brought a deep sense of loss, in part because, at age 62, he was fully engaged in contributing to the betterment of society and still had so much more to give. His is a life interrupted. But at the same time, looking back over the varied lives he lived, he had already left his mark in so many ways. His influences and impacts are manifold and magical. This collection not only testifies to the legacy that he has left us, but also to the ongoing efforts of many to continue building on his legacy. This collection contains two sets of essays by family members, friends, colleagues, collaborators and students. Part A contains essays of a more reflective and personal nature, while the contributions in Part B link to the scholarly or academic themes Christof had worked on and explored, including international human rights systems, international law, the right to life, freedom of association, international humanitarian law, the impact of human rights treaties, constitutionalism and legal philosophy. However, a neat distinction between the personal and professional is not possible in respect of such a warm, generous and enthusiastic person as Christof. Most of the essays in Part A integrate some of Christof’s professional and academic achievements, while many of the essays in Part B also reflect on Christof as a person. The editors, all based at the Faculty of Law, UP, are colleagues and friends who worked closely with Christof. Frans Viljoen succeeded Christof as Director of the Centre for Human Rights. Christof was his doctoral supervisor, mentor and research collaborator. Charles Fombad worked with Christof at ICLA, and took over as ICLA Director after Christof’s passing. Dire Tladi, an ICLA fellow, had his office just across from Christof in ICLA. As member of the International Law Commission, he shared with Christof high level engagement with the UN. While Christof served on the Human Rights Committee, his colleague Ann Skelton serves on the Committee on the Rights of the Child. Magnus Killander worked closely with Christof as co-author and co-editor. Christof was also his doctoral supervisor. The publication date of this book is 10 January 2022, which is the date marking 63 years since Christof’s birth. The publisher is the Pretoria University Law Press (PULP), of which Christof was also a founder.

Description: About the publication From an inauspicious start in the second half of the 20th century, the value added tax is now, just over five decades later, a key component of the revenue base in jurisdictions around the globe. A tax on final consumption is seen to be an important element of sound public finance policy and the VAT has clearly emerged as the preferred model for consumption taxation. Its rate of take up in Africa is not dissimilar from that in other jurisdictions, but African experience is proving unique in some respects. One of these is the signifi cant variation of VAT legislation in Africa, refl ecting the extent to which jurisdictions, sometimes neighbouring countries, have turned to fundamentally diff erent models as the basis for their own VAT laws. Another special characteristic of African VAT is the extent to which implementation of the VAT has exposed the need for broader institutional reform and modernisation of revenue administrations. And finally, authorities have found that VAT poses unique challenges in African economies in which commercial arrangements range from traditional economies through to globalised and electronic transactions in the same marketplace. Much younger than the VAT, the African Tax Institute also enjoyed a modest start, commencing its program of providing training to African tax administrators in 2002 as the Southern African Tax Institute, as it was then known. It has accomplished much in a short time. To date more than 600 government tax offi cials from 21 African countries have benefi ted from one or more training modules or workshops off ered by ATI and its predecessor body. In addition to its formal training program, ATI is committed to developing opportunities for African administrators to access African and international expertise through specialised conferences and seminars and to make the proceedings of these forums available to wider audiences. A number of the papers in this volume, the inaugural book sponsored by the institute, derive from a VAT in Africa conference sponsored and hosted by the ATI, with support from the Taxation Law and Policy Research. About the editor: Richard Krever is a professor in the Department of Business Law and Taxation, Monash University, Caulfield.

Description: Published

Description: About the publication From an inauspicious start in the second half of the 20th century, the value added tax is now, just over five decades later, a key component of the revenue base in jurisdictions around the globe. A tax on final consumption is seen to be an important element of sound public finance policy and the VAT has clearly emerged as the preferred model for consumption taxation. Its rate of take up in Africa is not dissimilar from that in other jurisdictions, but African experience is proving unique in some respects. One of these is the signifi cant variation of VAT legislation in Africa, refl ecting the extent to which jurisdictions, sometimes neighbouring countries, have turned to fundamentally diff erent models as the basis for their own VAT laws. Another special characteristic of African VAT is the extent to which implementation of the VAT has exposed the need for broader institutional reform and modernisation of revenue administrations. And finally, authorities have found that VAT poses unique challenges in African economies in which commercial arrangements range from traditional economies through to globalised and electronic transactions in the same marketplace. Much younger than the VAT, the African Tax Institute also enjoyed a modest start, commencing its program of providing training to African tax administrators in 2002 as the Southern African Tax Institute, as it was then known. It has accomplished much in a short time. To date more than 600 government tax offi cials from 21 African countries have benefi ted from one or more training modules or workshops off ered by ATI and its predecessor body. In addition to its formal training program, ATI is committed to developing opportunities for African administrators to access African and international expertise through specialised conferences and seminars and to make the proceedings of these forums available to wider audiences. A number of the papers in this volume, the inaugural book sponsored by the institute, derive from a VAT in Africa conference sponsored and hosted by the ATI, with support from the Taxation Law and Policy Research. About the editor: Richard Krever is a professor in the Department of Business Law and Taxation, Monash University, Caulfield.

Description: About the publication Over the years, the African, Inter-American and United Nations human rights systems have forged important partnerships on a wide-range of human rights issues and approaches. Grounded in the universality of human rights, the three systems have collaborated through actions ranging from joint statements to joint meetings and country visits, the exchange of information on country situations, individual cases and thematic issues, as well as relying on each other’s case law, decisions and procedural developments. This collaboration has been anchored in frameworks such as the 1993 Vienna Declaration and Programme of Action, the regular dialogue between global and regional human rights mechanisms mandated by the Human Rights Council, the 2009 Memorandum of Understanding between the Organisation of American States and the African Union, the 2012 Addis Ababa Roadmap between the special procedures of the UN Human Rights Council and those of the African Commission on Human and Peoples’ Rights and the 2010 and 2014 Memorandums of Understanding between the Office of the UN High Commissioner for Human Rights and the African Union Commission and Inter- American Commission on Human Rights, respectively. The joint dialogue held on 3 November 2015 in Banjul was firmly located within these frameworks. This timely dialogue enabled each institution to exchange information and experiences, to review approaches, challenges and good practices within each system, and to reaffirm our common resolve to address the serious human rights violations based on sexual orientation and gender identity that take place in all regions. This report and the accompanying background papers capture the content and outcomes of the joint dialogue. We hope that it can provide a basis for further collaboration in future and that States and other stakeholders will find it useful to inform their efforts to combat violence, discrimination and other human rights violations based on sexual orientation and gender identity. Editor: Centre for Human Rights Table of Contents Key concepts List of acronyms Message of support Foreword Final report: Joint thematic dialogue on sexual orientation and gender identity Annex 1: List of participants Annex 2: Agenda of joint dialogue Annex 3: Resolution 275 Annex 4: Norms, case law and practices of sexual orientation and gender identity in the African human rights system Annex 5: Norms, cases and practices relevant to sexual orientation and gender identity in the Inter-American human rights system Annex 6: Norms, case law and practices on sexual orientation, gender identity and intersex status in the United Nations system Annex 7: HIV, human rights and sexual orientation and gender identity

Description: Published

Description: In 2020, the African Charter on the Rights and Welfare of the Child (ACRWC) celebrates 30 years since its adoption. To date, 50 African States have ratified the ACRWC, and 28 have submitted the initial report, 12 have submitted both initial and periodic reports to the African Committee of Experts on the African Charter on the Rights and Welfare of the Child (ACERWC) on the implementation of the ACRWC and have received recommendations from the ACERWC. To ascertain the extent of children’s rights protection in Africa, the Centre for Human Rights was commissioned to undertake a study on the implementation of the ACRWC in 10 countries, namely: Algeria, Burkina Faso, Burundi, Cameroon, Ethiopia, Ghana, Mozambique, Namibia, Sudan and Tanzania. In-country researchers were engaged to collect data using desk-based research to obtain information consisting of literature, documents and online sources that was then thematically analysed.

Description: Published

Description: In 2020, the African Charter on the Rights and Welfare of the Child (ACRWC) celebrates 30 years since its adoption. To date, 50 African States have ratified the ACRWC, and 28 have submitted the initial report, 12 have submitted both initial and periodic reports to the African Committee of Experts on the African Charter on the Rights and Welfare of the Child (ACERWC) on the implementation of the ACRWC and have received recommendations from the ACERWC. To ascertain the extent of children’s rights protection in Africa, the Centre for Human Rights was commissioned to undertake a study on the implementation of the ACRWC in 10 countries, namely: Algeria, Burkina Faso, Burundi, Cameroon, Ethiopia, Ghana, Mozambique, Namibia, Sudan and Tanzania. In-country researchers were engaged to collect data using desk-based research to obtain information consisting of literature, documents and online sources that was then thematically analysed.

Description: About the publication The book explores the implications of the increased interplay between international human rights law (IHRL) and international humanitarian law (IHL) in military operations, sometimes in ways that imply convergence and other times in ways that suggest conflict. These convergences and/ or conflicts are particularly acute in non-international armed conflicts, situations of belligerent occupation and in the area of peace support operations (PSOs). Non-international armed conflicts imply that individuals, including members of organized non-state armed groups and civilians that directly participate in hostilities, are ‘within the jurisdiction’ of the territorial state against whom they are fighting. IHRL and IHL may therefore apply in parallel. In a similar vein, the control exercised by a belligerent occupant regularly entails an exercise of ‘jurisdiction’ and hence triggers the applicability of human rights norms. As far as PSOs are concerned, it becomes increasingly difficult to classify them as taking place in a context of ‘peace’ or ‘armed conflict’. More often than not, the situation implies elements of both. In all of the aforementioned contexts, the interplay between the fields of IHRL and IHL as the areas of law that provide the most pertinent regulatory frameworks for the conduct of pertinent actors – states, international organisations, organised armed groups and individuals – is elevated to great practical significance. This edited volume contains 16 peer-reviewed essays by academics and practitioners. About the editors: Erika de Wet is Co-Director of the Institute for International and Comparative Law in Africa and Professor of International Law in the Faculty of Law of the University of Pretoria. Jann Kleffner is Professor of International Law and Head of the International Law Centre at the Swedish Defence University.

Description: About the publication This Compendium contains key documents relating to human rights adopted by the African Union (including NEPAD) and its predecessor, the Organization of African Unity. It also includes a selection of decisions and resolutions of the African Commission on Human and Peoples’ Rights. For the third edition the Compendium has been updated to May 2007. The earlier editions have been widely used by judges, lawyers, civil servants, NGOs and academics alike, in Africa and abroad who have an interest in the African human rights system. It has been published in French and Arabic, and will also be published in Portuguese. This publication of the Centre for Human Rights of the University of Pretoria, South Africa, aims at making the human rights documents of the African Union more accessible and as such increase their impact. About the editors: Christof Heyns is Professor of Human Rights Law and Director of the Centre for Human Rights, University of Pretoria. Magnus Killander is a researcher at the Centre for Huma Rights, University of Pretoria and is also the co-editor of African Human Rights Law Reports.

Description: Published

Description: Intellectual property, trade, human rights and access to medicines in Africa: A reader by Atangcho N Akonumbo explores the current debates and conflicts pertaining to intellectual property (IP), trade and access to medicines in Africa as a public health issue, in a public health context. The Reader has a broad focus running across fourteen chapters. It examines the complex web of access to medicines, while introducing major concepts pertaining to access to medicines such as IP, trade, medicine and human rights, and provides a historical overview of the nexus between IP and human rights. It establishes the link between human rights, IP and access to medicines within the context of developing countries broadly and Africa in particular. The Reader discusses key flexibilities within the international IP framework championed by the TRIPS Agreement to enhance access to medicines, including compulsory licensing and parallel importation, while addressing impediments therein which provoked the Doha Declaration and arrangements thereafter. Also, it examines issues such as the implications of data exclusivity and linkage techniques; the role of anti-counterfeiting and competition laws in checking the effect of IP regimes; current threats to access to medicines at the international, regional and national levels such as the influence of regional or bilateral trade agreements; and research and development in respect of medicines for neglected and (re)emerging infectious diseases. It discusses the contributions of naturopathic and traditional medicines as parallel and complementary systems to modern medicine in the access to medicines landscape in the African context. The Reader further addresses the implications of the difficulty of access to medicines for women, children and other social minorities such as disabled persons and Lesbian, Gay, Bisexual, and Transgender (LGBT) persons. This Reader comes at a critical time, and potentially, a turning point in the history of public health crisis in Africa – when concerns about access to medicines have been heightened in the face of (re)emerging diseases and today the Covid-19 pandemic – a situation which has revealed gross lapses in public health governance. It is written in a simple language, making its content accessible to a wide audience. It contains informative and useful graphs, text boxes and illustrative excerpts from various primary and secondary sources. The Reader is likely to become an invaluable tool for a wide range of persons and institutions, including academics, students, legal practitioners, health professionals, drug procurement agencies, civil society organisations and the public at large, involved or interested in the access to medicines discourse.

Description: Published

Description: Intellectual property, trade, human rights and access to medicines in Africa: A reader by Atangcho N Akonumbo explores the current debates and conflicts pertaining to intellectual property (IP), trade and access to medicines in Africa as a public health issue, in a public health context. The Reader has a broad focus running across fourteen chapters. It examines the complex web of access to medicines, while introducing major concepts pertaining to access to medicines such as IP, trade, medicine and human rights, and provides a historical overview of the nexus between IP and human rights. It establishes the link between human rights, IP and access to medicines within the context of developing countries broadly and Africa in particular. The Reader discusses key flexibilities within the international IP framework championed by the TRIPS Agreement to enhance access to medicines, including compulsory licensing and parallel importation, while addressing impediments therein which provoked the Doha Declaration and arrangements thereafter. Also, it examines issues such as the implications of data exclusivity and linkage techniques; the role of anti-counterfeiting and competition laws in checking the effect of IP regimes; current threats to access to medicines at the international, regional and national levels such as the influence of regional or bilateral trade agreements; and research and development in respect of medicines for neglected and (re)emerging infectious diseases. It discusses the contributions of naturopathic and traditional medicines as parallel and complementary systems to modern medicine in the access to medicines landscape in the African context. The Reader further addresses the implications of the difficulty of access to medicines for women, children and other social minorities such as disabled persons and Lesbian, Gay, Bisexual, and Transgender (LGBT) persons. This Reader comes at a critical time, and potentially, a turning point in the history of public health crisis in Africa – when concerns about access to medicines have been heightened in the face of (re)emerging diseases and today the Covid-19 pandemic – a situation which has revealed gross lapses in public health governance. It is written in a simple language, making its content accessible to a wide audience. It contains informative and useful graphs, text boxes and illustrative excerpts from various primary and secondary sources. The Reader is likely to become an invaluable tool for a wide range of persons and institutions, including academics, students, legal practitioners, health professionals, drug procurement agencies, civil society organisations and the public at large, involved or interested in the access to medicines discourse.

Description: About the publication African sub-regional inter-governmental organisations are taking on an increasingly important role in the promotion and protection of human rights. It is against the background that knowledge of available standards and mechanisms is crucial for greater enjoyment of the increasing opportunities for remedies for human rights violations that this collection of human rights instruments became necessary. This Compendium brings together relevant instruments from eight sub-regional organisations: the Arab Maghreb Union (AMU), the Common Market for Eastern and Southern Africa (COMESA), the East African Community (EAC), the International Conference on the Great Lakes Region, the Economic Community of Central African States (ECCAS), the Economic Community of West African States (ECOWAS), the Intergovernmental Authority on Development (IGAD) and the Southern African Development Community (SADC). The Compendium also includes a selection of human rights cases decided by the East African Court of Justice, the ECOWAS Court of Justice and the SADC Tribunal. African sub-regional inter-governmental organisations function within the ambit of the African Union (AU). Human rights documents of the AU and resolutions and case law of the African Commission on Human and Peoples’ Rights are published in the Compendium of key human rights documents of the African Union also available from PULP. About the editors: Solomon Ebobrah is Extra-ordinary lecturer, Centre for Human Rights and Lecturer, Niger Delta University, Nigeria

Description: Published

Description: About the publication Adieu, Steve: Tribute to a scholar of African constitutionalism This volume of essays on constitutionalism in Africa is devoted to the memory of Steve Odero Ouma, who spent most of his professional life working on these issues. He was a colleague and friend to many of the contributors to this volume, and no doubt to many of its actual and potential readers. Steve passed away on 23 February 2012. This publication is a collection of essays written mainly by graduates of the Master’s Programme in Human Rights and Democratisation in Africa. (One of the authors, Mwiza Jo Nkatha was one of Steve’s class mates in 2005.) The only exception, Professor Kofi Quashigah, is the Dean of the Faculty of Law, University of Ghana, at Legon, Accra. My sincere thanks and congratulations go to each of these contributors for their pointed and important contributions to this volume. I should mention here that the University of Ghana is one of the twelve partner universities in the programme. The other partner faculties are: the University of the Western Cape (South Africa); the University of Venda (South Africa); Makerere University, Uganda; the University of Ghana, Ghana; the University of Lagos, Nigeria; Université Gaston Berger, Senegal; the University of Abomey Calavi, Benin; Catholic University of Central Africa, Cameroon; Universidade Eduardo Mondlane, Mozambique; Addis Ababa University, Ethiopia; University of Mauritius, Mauritius; and American University, Cairo, Egypt. The editors are two prominent Kenyan academics, Dr Morris Kiwinda Mbondenyi, Senior Lecturer in Law, Africa Nazarene University and Professor Tom Ojienda, Associate Professor of Law, Moi University. I would like to thank them, in particular, for their hard work and dedication in bringing this work into being. They oversaw the peer-review process, and worked with individual authors. It should certainly also be mentioned that Steve Odero conceived of and initiated the idea of this book, together with the two editors, and walked some distance on the road towards this publication. Sadly, it was a road not completed, due to Steve’s sudden death. I am sure Steve would have wanted these pages to take us all along a journey he embarked on, but could not complete: the unfinished journey to secure genuine constitutionalism in states across Africa. Frans Viljoen Director, Centre for Human Rights About the editors: Dr. Morris Kiwinda Mbondenyi is a Senior Lecturer in Law and the Head of the Africa Nazarene University Law School, Kenya. Tom Ojienda is Associate Professor of Law at Moi University, Kenya.

Description: Published

Description: This multi-disciplinary publication focuses on the issue of African sovereign debt management and renegotiation/ restructuring, with a particular concentration on the countries that are members of the Southern Africa Development Community (SADC). It contains a series of essays that were initially presented in several workshops held at the height of the pandemic, in 2020. These essays seek to both understand the debt challenges facing these countries and to offer some policy-oriented suggestions on how they can more effectively address these. They include contributions by global and regional scholars who are seasoned experts and newer researchers and discuss the complexities on debt management and restructuring within the context of the global COVID-19 pandemic. In particular, this presented an opportunity for junior researchers from the region to contribute to international discussions on a topic in which the views of young Africans are not heard as often or as clearly as they should be, especially given the importance of the topic to Africa and its future. Further, this book is expected to stimulate debate among academics, activists, policy makers and practitioners on how SADC should manage its debt.

Description: Published

Description: About the publication Marking 30 years since the entry into force of the founding document of the African human rights system – the African Charter on Human and Peoples’ Rights – on 21 October 1986, the African Union designated 2016 as its “Year of Human Rights”. This commemorative publication brings together six core documents that in themselves capture progressive developments of the African human rights system. In addition to the African Charter, this pocket-size publication also contains two other normative frameworks – the Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol) and the African Charter on the Rights and Welfare of the Child. The two main institutions of the system are the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. The Protocol establishing the African Court is included. In addition, the internal rules of the African Commission and the African Court are also included. Table of Contents African Charter on Human and Peoples’ Rights Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa African Charter on the Rights and Welfare of the Child Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights Rules of Procedure of the African Commission on Human and Peoples’ Rights Rules of Court

Description: Published

Description: Embodiment and the Arts: Views from South Africa presents a diversity of views on the nature and status of the body in relation to acting, advertisements, designs, films, installations, music, photographs, performance, typography, and video works. Applying the methodologies of phenomenology, hermeneutic phenomenology, embodied perception, ecological psychology, and sense-based research, the authors place the body at the centre of their analyses. The cornerstone of the research presented here is the view that aesthetic experience is active and engaged rather than passive and disinterested. This novel volume offers a rich and diverse range of applications of the paradigm of embodiment to the arts in South Africa.

Description: Published

Description: This book focuses on the strategies that activists for LGBTIQ+ equality in Africa deploy to challenge deep seated homophobia and transphobia, as well as the politicisation of LGBTIQ+ issues. It is a peer-reviewed, edited volume with scholarly contributions from lawyers, anthropologists, and LGBTIQ+ activists. It covers different country situations – those where equality is taking root, as the case is in South Africa, Botswana and Mozambique; those where homophobia reigns and LGBTIQ+ rights are politicised such as, Ghana, Kenya, Malawi, Nigeria, Senegal, Uganda, and Zambia; and those where traditional LGBTIQ+ activism is almost a nonstarter, such as in Ethiopia, Sudan and The Gambia.

Description: Published

Description: This is the second volume of the Report of judgments, orders and advisory opinions of the African Court on Human and Peoples’ Rights. This volume covers decisions from 2017 to 2018. The volume includes all the Judgments, including Separate and Dissenting Opinions, Advisory Opinions, Rulings, Decisions, Procedural Orders and Orders for Provisional Measures adopted by the Court during the period under review. Each case has a headnote setting out a brief summary of the case followed by keywords indicating the paragraphs of the case in which the Court discusses the issue. A subject index at the start of the reports indicates which cases discuss a particular issue. This index is divided into sections on general principles and procedure, and substantive issues.

Description: Published

Description: This engaging, readable law book is timely for many reasons. In this period of political turmoil, amidst allegations of bare-faced large-scale grabbing by greedy politicians and their confederates, the principles and mechanisms of our Constitution become more acutely important than ever. Over the last quarter-century or so, through our courts' judgments, delivered without fear or favour, the Constitution has begun to breathe life. Much challenge and much peril and much work still lie ahead. But some of the vibrancy and influence the Constitution has already attained may be traced to the voices and personalities of those behind the judgments: the judges who write them. This book looks at the character and thinking of some of the judges who have helped to start the process of making our Constitution real. The text reminds us that behind the structures of state and the mechanisms of power stand human beings, in all their frailty, but also in all their courage and determination to make our country better for the poorest in it. In other words, judges who take seriously the promise of constitutional governance and of social justice under law. Justice Edwin Cameron, Constitutional Court of South Africa

Description: Published

Description: About the publication The aim of this book is to analyse the current status of indigenous intellectual property rights protection in South Africa. The current intellectual property laws and legislations in South Africa do not fully protect indigenous knowledge systems and in some instances the indigenous knowledge is misappropriated, abused without proper recognition and acknowledgement of the custodian of this knowledge. The book suggests that in order for us to fully understand the developments of intellectual property in South Africa, we need to look at similar developments in the United States and Australia. Using conceptual tools dealing with post-colonial, contested culture and legal theories such as the natural-law and the economic model, the book tries to analyse the current predicament: how can one possibly marry indigenous property rights and the western legal frameworks in a practical and ethical way? About the editor: George Sombe Mukuka holds two PhD degrees; in History from the University of KwaZulu-Natal and in Archaeology from the University of the Witwatersrand.

Description: Published

Description: About the publication The law on education and educational practices in South Africa would exhaust the capacity of any meaningful monograph. Instead, the authors of this book engage six discrete topics that refl ect the broader currents and conflicts in South African education debates: (a) school choice; (b) school fees; (c) the right to an adequate basic education; (d) single medium public schools; (e) school governing bodies; and (f) independent schools. The book has two further aims. First: To move beyond the debates taking place separately in the education policy community and the legal academy, and to demonstrate how these disciplines, working in concert with each other, can advance our understanding of law and education in South Africa. Second: To show that the ANC’s complex education agenda must mirror the egalitarian, utilitarian, democratic, and communitarian commitments found within the Constitution. How these competing political claims refl ected in our basic law play themselves out in the enabling education legislation, the case law and government education policy, frames each topic assayed in this work. About the editor: Stu Woolman is the Academic Director at the South Africa Institute for Advanced Constitutional, Public, Human Rights and International Law. Brahm Fleisch is Associate Professor in the Division of Education Leadership and Policy Studies in Wits School of Education.

Description: Published

Description: The Gambia opened a new chapter in her history after 22 years of authoritarian rule under former dictator Yahya Jammeh, heralding the promise of a ‘New Gambia.’ The country is at a critical juncture in its transition from Jammeh’s autocratic rule to a fully-fledged democracy. The ambitious transitional processes include the Truth Reparations and Reconciliation Commission to create an official record of past abuses and crimes, the Constitutional Review Commission to draft a new Constitution, and the permanent National Human Rights Commission to build a human rights culture. The Gambia in transition: Towards a new constitutional order is a diverse collection of timely, rigorous, and insightful essays on human rights, constitutional reform, rule of law and democratic governance. It serves as an important reference for academics, policymakers, researchers, civil society organisations, human rights defenders, learners, and the public at large.

Description: Published

Description: The Gambia opened a new chapter in her history after 22 years of authoritarian rule under former dictator Yahya Jammeh, heralding the promise of a ‘New Gambia.’ The country is at a critical juncture in its transition from Jammeh’s autocratic rule to a fully-fledged democracy. The ambitious transitional processes include the Truth Reparations and Reconciliation Commission to create an official record of past abuses and crimes, the Constitutional Review Commission to draft a new Constitution, and the permanent National Human Rights Commission to build a human rights culture. The Gambia in transition: Towards a new constitutional order is a diverse collection of timely, rigorous, and insightful essays on human rights, constitutional reform, rule of law and democratic governance. It serves as an important reference for academics, policymakers, researchers, civil society organisations, human rights defenders, learners, and the public at large.

Description: Fundamentals of health law in Uganda by Ben Twinomugisha 2015 ISBN: 978-1-920538-39-2 Pages: 262x Print version: Available Electronic version: Free PDF available

Description: A guide to the African human rights system: Celebrating 30 years since the entry into force of the African Charter on Human and Peoples’ Rights 1986 - 2016 Edited by Centre for Human Rights, Faculty of Law, University of Pretoria 2016 ISBN: 978-1-92053-56-9 Pages: 80 Print version: Available Electronic version: Free PDF available

Description: PULP Guide: Finding legal information in South Africa - Fourth edition Edited by Shirley Ann Gilmore 2017 ISBN: 978-1-920538-68-2 Pages: 162 Print version: Available Electronic version: Free PDF available

Description: The jurisprudence of the African Commission on Human and Peoples' Rights has widely recognised the right to life as a foundational right. Without the right to life, other rights cannot be implemented. The Commission adopted General Comment No.3 on the African Charter on Human and Peoples' Rights on the right to life (Article 4) during its 57th Ordinary Session, held in Banjul, The Gambia, in November 2015. It is designed to guide the interpretation and application of the right to life under the Charter and to ensure its coherent application to a range of situations, including its implementation at the domestic level. The General Comment does not put in place new standards or highlight best practices but rather sets out the Commission’s perspective on dimensions of this universally recognised right. The text is also available, in the four official languages of the African Union, on the African Commission’s website: www.achpr.org

Description: An integrative rights-based approach to human development in Africa by Dejo Olowu 2009 ISBN: 978-0-9814124-6-7 Pages: x 322 Print version: Available Electronic version: Free PDF available

Description: African Human Rights Law Reports 2009 Edited by The African Commission on Human and Peoples' Rights & the Centre for Human Rights, University of Pretoria 2011 ISSN: 1812-2418 Pages: xxxvi 376 Print version: Available Electronic version: Free PDF available

Description: African Human Rights Law Reports 2005 Edited by African Commission on Human and Peoples' Rights and the Centre for Human Rights, University of Pretoria 2007 ISSN: 1812-2418 Pages: xxx 244 Print version: Available Electronic version: Free PDF available

Description: PULP Guide: Where to publish articles on the law - Fifth edition Edited by Shirley Ann Gilmore 2017 ISBN: 978-1-920538-64-4 Pages: 121 Print version: Available Electronic version: Free PDF available

Description: The African Charter on the Rights and Welfare of the Child: A socio-legal perspective by Thoko Kaime 2009 ISBN: 978-0-9814420-4-4 Pages: xii 247 Print version: Available Electronic version: Free PDF available

Description: National commissions of inquiry in the aftermath of violations of human rights, including violations of the right to life, are a common feature of the African legal and political landscape. There is often a fair measure of scepticism or caution about their use, and with good reason. They can serve as convenient instruments to avoid accountability, rather than to achieve it. However, very little hard evidence is available upon which the performance of such commissions can be assessed, and hence impressions of their utility are often largely anecdotal. For the purposes of this book, researchers went to six countries in Africa—Chad, Burkina Faso, Kenya, Malawi, South Africa and Nigeria—and conducted in-depth investigations of commissions of inquiry that have been held there, interviewing those directly involved in the proceedings and those working on the issues since, including victims, lawyers, investigators and Commissioners. Drawing on this research, the book argues that commissions of inquiry should not be contrasted with courts or with criminal trials, since their proper place is at a different stage of the investigative process. Rather than replacing criminal processes, commissions might guide whether and how they should take place. Commissions can be cathartic events for victims or families; they can demonstrate that human rights are a priority for the state and thus lay the foundations for the rule of law; and they can make broader recommendations about what should be done. In short, in certain circumstances, they can serve to enable a broader concept of accountability. Praise for this publication “A rich collection of well-researched chapters made up of normative analysis and case studies, which presents a much-needed scholarly contribution to the question of accountability for violations of human rights—particularly the right to life—through a means other than a routine criminal process, a question with which the African Commission on Human and Peoples' Rights wrestled in its Study on Transitional Justice that was the basis for the African Union Transitional Justice Policy. The insights it offers on why, how and when Commissions of Inquiry in Africa facilitate accountability are profoundly informative not only for scholars but also for policy makers and practitioners.” Solomon Ayele Dersso Chairperson, African Commission on Human and Peoples’ Rights “This book covers new ground, with six rich case studies drawing from on-the ground research across the African continent. It demonstrates that while independent mechanisms can all face significant challenges in the aftermath of grave violations of human rights, properly-mandated, adequately-empowered and well-supported commissions of inquiry can in some cases play a valuable role within broader processes of accountability. The authors rightly focus on the complementarity of the different elements that a transitional justice process must have in order to be compatible with human rights standards, making an extraordinary theoretical contribution to debates about how to guarantee human rights in the face of atrocious facts.” Fabián Salvioli UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence Table of Contents Background and acknowledgments & Members of the research team Introduction: The role of national commissions of inquiry in securing the supreme human right Thomas Probert & Christof Heyns A brief introduction to the right to life and the normative framework mandating accountability, including the duty to investigate potentially unlawful deaths, as well as to the broader research project lying behind this volume The concept of accountability and its importance for the protection of the right to life Thomas Probert A chapter that looks at how the mutually-reinforcing character of human rights accountability is fundamental to its definition, and the consequence that human rights accountability must contain three key elements: finding out what happened and who was responsible (investigations); finding waysof remedying the situation (remedies); and finding ways of preventing it from happening again (reforms). ‘Lawfare’, instruments of governmentality and accountability, or both? An overview of national commissions of inquiry in Africa Meetali Jain A chapter illustrating how commissions of inquiry have a long pedigree in the legal and bureaucratic architecture of several of the colonial powers in Africa, and have been adopted by many African governments during the post-colonial period. It explores how the commission of inquiry, as an instrument of governmentality, can be and has been imposed for the purpose of legalistic domination, but how it has sometimes acquired a life of its own and also catalysed reform. Commissions of inquiry and social solidarity in the African context Christof Heyns A chapter that discusses the extent to which it is possible to draw lessons from an historical emphasis on social solidarity to inform our understanding of the role of commissions in Africa. In particular, it explores the extent to which South African jurisprudence has been informed by or has deployed the concept of ubuntu and its impact on accountability, also for right to life violations Shedding all the light? The Commission of Inquiry into the Crimes and Misappropriations of Hissène Habré in Chad The first case-study chapter, this examines the Commission of Inquiry into the Crimes and Misappropriations Committed by Ex-President Habré, his Accomplices and/or Accessories, which took place in Chad in 1990 to 1991. Established by new President Idriss Déby after Habré had fled the country, it provided a rather one-sided account of the abuses that had occurred during the latter’s rule. Nonetheless, its role in documenting violations, and its status as an official record adopted by the government of Chad, would go on to play a central role in the long story of the pursuit of justice for Habré’s victims, culminating in the Extraordinary African Chambers verdict and his conviction in 2016. A murdered journalist and a crisis of faith in the judiciary: The Independent Commission of Inquiry into the Death of Norbert Zongo in Burkina Faso Thomas Probert Whereas that Chadian Commission reviewed evidence of violations that took place over eight years, and reported on thousands of deaths, the next case study, that of the Independent Commission of Inquiry into the Death of Norbert Zongo and His Four Companions in Burkina Faso in 1999, investigated the events of a single afternoon. This chapter shows how, while the Commission focused on the murder of a journalist, the mobilisation for its establishment, and the challenges it faced reflected a complete lack of faith of the official judicial machinery of Blaise Compaoré’s regime. Public hearings and secret envelopes: The Waki Commission as a case study of accountability in Kenya Anyango Yvonne Oyieke The third case study is of the well-known Commission of Inquiry into Post-Election Violence in Kenya (sometimes called the Waki Commission). This Commission played a central role at the beginning of a long process of the pursuit of accountability for the abuses at the hands of both non-state and state actors in the aftermath of the 2007 election in Kenya. The Commission formed part of an internationally-mediated peace agreement, involved two international commissioners, and would ultimately end up implicated in a far more international process of indictments before the ICC that would lead to a sitting President appearing (briefly) in the dock at The Hague. A slow but steady search for justice: The Commission of Inquiry into the July 2011 ‘riots’ in Malawi John Kotsopoulos The conduct of the police was also examined by the Commission of Inquiry into the Death and Destruction of Property during the events of July 2011 in Malawi. This case was an interesting example of a commission of inquiry investigating a single set of events (the state’s response to a coordinated set of public protests across several cities) from multiple social perspectives, while also drawing important lessons for how the police ought to conduct public order operations. The rose that grew from concrete: The Commission of Inquiry into policing in Khayelitsha, South Africa Meetali Jain The Commission of Inquiry into Police Inefficiency in Khayleitsha was tasked with investigating an ongoing situation, in one of South Africa’s larger townships. Rather than inquiring into a specific police action, it was in many ways tasked with examining the causes of police inaction. This chapter shows how a commission established by the provincial government of the Western Cape was able to cast a spotlight on a series of social injustices that contributed to substantially weaker protections of the right to life. The (im)partiality of justice: The challenges of investigating the clashes between the Islamic Movement of Nigeria and the Nigerian army in Zaria, Nigeria Anyango Yvonne Oyieke The final case study is the most recent. The Kaduna State Commission of Inquiry into the Clashes Between the Islamic Movement of Nigeria and the Nigerian Army in Zaria Between 12th & 14th December 2015 provides an interesting example in many respects of how not to conduct a commission of inquiry. This chapter demonstrates how, provided with a less than impartial mandate, a commission can ostensibly neglect the opportunity to conduct detailed investigations into credible evidence of serious violations. Commissions of inquiry: Valuable first steps towards accountability or smokescreens for inaction? Thomas Probert & Christof Heyns While not based on a representative sample of current usage or “success”, the findings of this study can lend themselves to certain generalised observations about the effectiveness of commissions of inquiry as accountability mechanisms, and the circumstances under which they can play a role in the broader process that fulfils the state’s procedural obligations with regard to violations of the right to life. In a concluding chapter the editors pull together some of these general characteristics, while also drawing upon international human rights law standards for the conduct of investigations. Annex: A list of commissions of inquiry in Africa, 1990-2016

Description: It is with great joy that I, along with the editorial committee, present to you, reader, the 2016 Pretoria Student Law Review. I believe it is only fitting that the tenth edition is one that portrays, very clearly, a new chapter in the life of this student publication. This year has not only been a challenging one for students, staff and parents but also for the citizens of South Africa as a whole. It is thus with even greater pleasure that we offer our humble contribution to legal academia. As the editorial board we are extremely proud of successfully completing this most important tenth edition in such tumultuous times. Many challenges have both been overcome and discovered in this year’s exciting journey of creating this publication. Every year experiences different authors with varied contributions and themes but this tenth edition is one which illustrates a certain gusto and determination on the part of those who worked towards its completion. With that said, I would like to thank the authors for their submissions and tireless effort to meet (often exceedingly pressed) deadlines. My thanks also goes to the artist for this edition, Marijke Benade and Lizette Hermann for her support during this particularly unique time; Prof Anton Kok & Prof Andre Boraine, for their support in various ways and on short notice. But of course, thank you to the editorial team of 2016. Abel Maluleka, Abrie van der Merwe, Carin Cross, Daniel Badenhorst, Larisse Prinsen and Roxanne Gilbert; without your willingness to assist, there would be nothing between these pages. Thank you to Sarah Burford, in particular, who is not only part of the editorial team but who greatly assisted me with concluding edits and proofreading. This year’s edition includes a diverse range of articles. Some are close to home while others grapple with issues abroad. From feminism & queer theory, to child rights, sports law, free higher education, and of course, the language debate, our authors have ensured that every reader will find something to both challenge and broaden their minds. I do hope that you enjoy this precious bundle of what the students at the Faculty of Law, University of Pretoria, have to offer. Editor in chief: Cara Furniss Editors: Daniel Badenhorst, Sarah Burford, Carin Cross, Roxanne Gilbert, Abel Maluleka, Larisse Prinsen & Abrie van der Merwe

Description: About the publication This report contains an in depth analysis of the muted right to freedom of expression in Eritrea. The number and forms of human rights violations related to the curtailing of free speech have been and continue to be well documented across the globe. This discourse identifies the right to free reception of information and expression as the bedrock to realising and maintaining the rule of law. Investigated herein is the historical background to the political evolution of the small African state and the social impact of the prevailing human rights violations. This report contains a compilation of human rights violations as determined by international treaty bodies, interviews with Eritrean witnesses and diaspora in exile and civil society reports on the human rights situation. It is argued in the report that the absence of the rule of law in Eritrea is directly attributed to the collapse of free expression as political forces see this right as a threat to their power base – a form of suppression that has nullified all human rights and freedoms and might well damage its people beyond repair. Table of Contents Preface List of abbreviations List of Eritrean print and electronic media Acknowledgments Executive summary English Executive summary French Executive summary Tigrinya Executive summary Arabic Introduction Contextualising the rule of law in Eritrea Eritrea’s human rights obligations and rule of law Non-Implementation of the Eritrean Constitution Suppression of free expression as an attack on the rule of law in Eritrea Prelude to dictatorship: Human rights before September 2001 The Crackdown of September 2001 Free expression in Eritrea today: Effects of widespread reprisals Closure of non-state media houses Collapse of the journalistic profession in Eritrea Internet censorship From arbitrary arrests to subtle control of the message Pervasive editorial spin The ‘03’ rumour system Suppression of foreign and diaspora media Reporting the work of the courts Eritrea’s international relations Awareness of the dangers of refugee flight Rebirth of independent journalism Recommendations Annex I: Compilation of recorded human rights violations related to free speech Arbitrary arrest and detention Torture and other cruel, inhuman or degrading treatment or punishment Death in custody Annex II: Report of the Working Group on the Universal Periodic Review: Eritrea I. Recommendations accepted II. Recommendations that do not enjoy the support of Eritrea

Description: The Three Books on interes-bearing loans and interest (Foenus et Usurae) by Gerard Noodt, Jurist and Professor of Law by SJ van Niekerk, JT Pretorius, DM Kriel and DH van Zyl 2009 ISBN: 978-0-9814124-0-5 Pages: 391 Print version: Available Electronic version: Free PDF available

Description: African Human Rights Law Reports 2011 Edited by The African Commission on Human and Peoples' Rights & the Centre for Human Rights, University of Pretoria 2014 ISSN: 1812-2418 Pages: 241 Print version: Available Electronic version: Free PDF available

Description: The impact of the African Charter and Women’s Protocol in selected African states 2012 ISBN: 978-1-920538-11-8 Pages: x 212 Print version: Available Electronic version: Free PDF available

Description: The Institute for Austrian and International Tax Law is one of the global leading tax academic institutions active in the field of international taxation. Its main fields of interest are corporate tax law, international tax law and European tax law and to a growing extent tax policy and transfer pricing. It engages in research and teaching in these areas, its staff participates in numerous national and international tax projects and over the years has developed an impressive network of contacts in more than 90 countries. The Institute’s team comprises 60 academic staff members as well as many visiting professors and guest researchers from more than 40 countries. The African Tax Institute (ATI) is devoted to training, research and technical assistance in the areas of tax policy and tax administration on the African continent. Its main goal is to develop capacity in ministries of finance and revenue authorities. Towards this goal, the ATI offers an interdisciplinary Master’s in taxation and a PhD in tax policy, primarily to students from the public sector. The main research areas of ATI staff and students include tax policy, international taxation, natural resource taxation, valueadded tax, fiscal decentralisation and property taxation.

Description: Can Rights Cure? by Marius Pieterse 2014 ISBN: 978-1-920538-27-9 Pages: 194 Print version: Available Electronic version: Free PDF available

Description: This booklet has been prepared by the Centre for Child Law, Faculty of Law, University of Pretoria. In 2018, the Centre for Child Law celebrates 20 Years of strategic litigation, research and advocacy in order to advance child law and children’s rights in South Africa. The United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child have played an important role in shaping children’s rights jurisprudence in South Africa. This booklet is accompanied by a flash drive that contains a number of General Comments issued by the UN Committee on the Rights of the Child and the African Committee of Experts on the Rights and Welfare of the Child. This is an updatable resource – as the Committees produce future General Comments and issue views arising from their communications procedures, the new documents can be added to the flash drive, allowing this small compendium to grow as the jurisprudence expands.

Description: Litigating Socio-Economic Rights in South Africa: A choice between corrective and distributive justice by Christopher Mbazira 2009 ISBN: 978-0-9814124-7-4 Pages: viii 273 Print version: Available Electronic version: Free PDF available

Description: About the publication The prohibition against corporal punishment is an integral part of the broader transformation of South African education. The prohibition seeks to replace South Africa’s violent and authoritarian past with an ethos respectful of human dignity and bodily integrity. About the editors: Faranaaz Veriava has a BA LLB from the University of the Witwatersrand and a LLM in human rights and constitutional practice from the Centre for Human Rights at the University of Pretoria. Table of Contents PREFACE ACKNOWLEDGMENTS EXECUTIVE SUMMARY ABBREVIATIONS AND ACRONYMS Introduction 1.1 The purpose of the report 1.2 Methodology 1.3 The structure of the report Corporal punishment in context 2.1 A historical overview of corporal punishment in South Africa 2.2 Debates on corporal punishment 2.3 An ‘official ambivalence’ to the prohibition The incidence of corporal punishment 3.1 An overview of statistical data 3.2 A sample study of corporal punishment complaints 3.3 Observations from the corporal punishment cases The legal and policy framework governing the prohibition against corporal punishment in South Africa 4.1 The protection of learners from corporal punishment 4.2 The sanction of educators administering corporal punishment 4.3 Best practice case studies: Western Cape and Gauteng Corporal punishment at independent schools 5.1 An overview of independent schools in South Africa 5.2 The legal framework governing independent schools 5.3 Improving mechanisms of enforcement at independent schools Developing effective ‘legal and educational’ programmes in enforcing the ban against corporal punishment 6.1 Shifting attitudes and implementing alternatives to corporal punishment 6.2 Improved mechanisms for the enforcement of the corporal punishment ban 6.3 Proposed interventions Conclusion LIST OF REFERENCES

Description: Legal academics and progressive politics in South Africa: Moving beyond the ivory tower - PULP FICTIONS No.2 Edited by Karin van Marle 2006 ISSN: 1992-5174 Pages:30 Print version: Available Electronic version: Free PDF available

Description: Ghana was the first country in sub-Saharan Africa to gain independence and played a critical role in the political transformation and regional integration in Africa. Over the years, Ghana has transformed from one-party state through military rule to multiparty democracy. Since independence, despite internal challenges, Ghana continues to play a critical transformational role on the African continent. This influence has been reinvigorated since the emergence of the concept of African Renaissance and adoption of the ‘African solutions for African problems’ mantra in the early 2000s. On 6 March 2017, Ghana celebrated its 60th anniversary of independence from colonial rule. Current circumstances in Ghana and Africa reinforce the argument that democracy and the rule of law are maintained by vigilance and involvement of the people. In this regard, this edited volume audited some of the issues relating to the state of human rights standards and compliance, democratic consolidation and development in Ghana as well as to bring forward how Ghana has contributed to the political, economic, cultural and ideological development in Africa. Through a human rights-based approach to governance and socio-economic development, the book examines the experiences of Ghana, selected experiences of other African countries and the African Union in advancing good governance and human rights over the years, on the journey to attain shared prosperity for all. The book takes stock of major developments in the areas of political and civil rights as well as economic, social and cultural rights in Africa, the changing nature of democratisation, regional integration and pan-Africanism, and the ways in which the African Union policies may impact differently on governance and human rights on the continent.

Description: About the publication Dilapidated public school infrastructure can be found across the country, but the problem is particularly acute in the Eastern Cape where the majority of the so called 'mud schools' are located. On 04 February 2011, following court action on the issue of mud schools, the Legal Resources Centre, acting on behalf of 7 schools and the Centre for Child Law, concluded a landmark settlement with the National Department of Basic Education in which the Department committed to spend R8.2-billion from 1 April 2011 to 1 March 2014 to eradicate mud schools and improve infrastructure of schools throughout South Africa. The Centre for Child Law commissioned Cornerstone Economic Research, to track school infrastructure spending and delivery. The aim of the research was to assess what progress has been made in addressing the issues that brought about the litigation. This study, amongst other things, makes the concerning finding that the Department has woefully underspent the allocated school infrastructure funding for two years running. The target for the number of schools to be built in 2011/2012 and 2012/2013 was 49. However, only 10 schools had been completed at the end of the first year. About the authors: Carmen Abdoll has experience in public sector finance management, budget analysis, and various tax policy issues, including issues related to value-added tax, excise duties and all sub-national taxes. She has also worked on various projects related to the structure of the intergovernmental fiscal system in South Africa. Carmen has a particular interest in policy and services impacting on the lives of orphan children. Conrad Barberton is a development economist, policy researcher and trainer. He has experience in the design of intergovernmental fiscal processes, public sector finance management, budget presentation design and analysis, the costing of policies, strategic planning, monitoring and evaluation, and the design of governance accountability systems. Table of Contents PREFACE ACKNOWLEDGMENTS EXECUTIVE SUMMARY A LIST OF ABBREVIATIONS AND ACRONYMS 1. Introduction Part one: Status of school infrastructure 2. Responsibility for school infrastructure planning 3. Sources of information on school infrastructure 3.1 Number of public ordinary schools 3.2 Number of classrooms in public ordinary schools 4. Backlogs in school infrastructure 4.1 Planning to address backlogs in school infrastructure 4.2 Backlogs in schools and classrooms 4.3 Inappropriate school structures (so-called mud schools) 4.4 Backlogs in basic services 4.5 Backlogs in maintenance Part two: National and provincial funding of school infrastructure 5. Determinants in the demand for school infrastructure 6. National government allocations to school infrastructure 6.1 Education Infrastructure Grant 6.2 School Infrastructure Backlogs Grant 7. Provincial allocations to school infrastructure 7.1 Total spending by provinces on school infrastructure 7.2 Provinces’ allocations of own funding to school infrastructure Part three: Performance in the delivery of school infrastructure 8. Performance of the School Infrastructure Backlogs Grant 8.1 Planning related to the grant 8.2 Spending and delivery progress of the SIBG 8.3 Likely timeframes for eradicating inappropriate school structures 9. Performance of the Education Infrastructure Grant 9.1 Planning related to the grant 9.2 Spending and delivery progress of the EIG 10. Concluding points

Description: The African Disability Rights Yearbook addresses disability rights within the foundational structure laid down by the inaugural issue. The structure comprises a tripartite division between: articles; country reports; and shorter commentaries on recent regional and sub-regional developments. The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region. The African Disability Rights Yearbook publishes peer-reviewed contributions dealing with the rights of persons with disabilities and related topics, with specific relevance to Africa, Africans and scholars of Africa. The Yearbook appears annually under the aegis of the Centre for Human Rights, Faculty of Law, University of Pretoria. The Yearbook is an open access online publication, see www.adry.up.ac.za

Description: About the publication Honoured to present to you, the reader, the 2020 edition of the Pretoria Student Law Review (PSLR), an annual publication which is the pride of the best law faculty in Africa (according to the Times Higher Education World University Rankings). The University of Pretoria’s Law Faculty ranks in the top 100 law faculties in the world, a feat unequalled in Africa. The PSLR is a student driven law review that creates an interactive forum for students, academics and legal professionals to discuss topical legal matters that challenge the status quo. At the beginning of this year, lay the fantasy of newness — presenting an opportunity to do great things. But as I reflect on the journey leading to this publication, I understand that the 2020 edition of the PSLR had an engine that ran on hope; faith; dedication; perseverance; commitment and hard work. Our predecessors had a vision to create a boldly outlined legacy for the PSLR, they spearheaded the setting up of a system that would last the lifespan of the PSLR. Today, some 13 years after the first edition of the PSLR, South Africa, the continent and the world at large are on the cusp of a new era — socially, economically and politically. When my journey as Editor-in-Chief commenced, I imagined the PSLR as a ship, whose captain was myself. Customarily, it is easy to be a captain of a ship in calm seas, but unlike most of my predecessors, I have had to be the captain of a ship through the heftiest of storms. The world was not truly prepared to face challenges presented by the Covid-19, let alone the PSLR. In the wake of the 4IR and this new age of technology, sailing this ship to success was still a heavy task to complete. It is therefore with great honour to have been able to successfully complete the task for which we, the 14th cohort of the Editorial Board, were called for. We have upheld the esteemed reputations that have been left by our predecessors. Fittingly, I wish to applaud my team for their inspiring commitment, outstanding contribution and service in maintaining the elevated standard of the PSLR. For indeed it is a publication, par excellence. Amidst the storms, we have spearheaded the establishment of a ‘free-floating’ PSLR Collection in the OR Tambo Law Library. This collection is dedicated to house all published PSLR editions, dating since the inception of the PSLR in 2007. We have established and strengthened relations with other Law Faculties in the country, and even beyond. We published the very first special edition of the PSLR, a focused edition that covers a critical issue brought before the South African Law Deans Association — the Decolonisation of Legal Education. We have established a system by which all authors who publish with us, ought to have an ORCID iD. We have adopted internal regulations that outline the principles that govern the Editorial Board. We have spearheaded the adoption and implementation of a policy that forces us to comply with DHET Standards in order to be a DHET Accredited Journal so as to encourage and foster a student culture of critical research & writing in legal academia. I am truly proud of the work that the authors have put into their articles and I would like to thank them for their submissions and tireless efforts to produce quality articles. More-so, I am proud of the Editorial Board for being able to work under immense pressure. This edition would have not been possible without the dedication and hard work of this dream team. I remain indebted to you all: Adelaide Chagopa, Kayla Thomas, Marcia van der Merwe, Nicholas Herd and Phenyo Sekati. It has been a great pleasure and a privilege to have worked with you on this annual edition. A note of thanks to Dr Gustav Muller in his capacity as the Guardian of the PSLR. To the reviewers, your adjudication lays the foundation for each edition, year-in-yearout. Your support and contribution to the PSLR remains invaluable. To Lizette Hermann, Elzet Hurter and Mornay Hassen, thank you for your continued and immeasurable support throughout this journey. To Primrose E.R Kurasha, thank you for believing in me and for guiding me. I am forever indebted to you my friend. To my family: Elizabeth Mtshweni; Jostina Mtshweni; Clayton Mtshweni; Lucas Berto Mateus; Stephine Mashilo and Lerato Mashilo, words cannot begin to express my gratitude for all the support you have given me throughout this journey. Thank you for keeping me sane through one of the toughest times of my ‘publishing’ career. Thank you for the endless amount of support and the unconditional love you give me always. You are the power & oil that kept this engine running, all by the sufficient grace of God. I hereby pass the baton and entrust the next Editor-in-Chief with the difficult task of running faster and running a better marathon than myself and my predecessors. To you future author, I implore you to start writing, for the water does not flow until the faucet is turned on. To you the reader, Jurgen Zwecker was right: enjoy the read — without fear to question what is in front of you, for that is the only way we, as scholars, grow. Simon Motshweni Editor-in-Chief 2020

Description: Edited by Heinrich Louw, Lynette Osiemo, Ian Learmonth, Francisca Pretorius, Avani Singh and Jared Luke Schultz Assistant Editors: Bronwynne Botha and Tilsetso Makoko 2010

Description: Exploited, undervalued - and essential: Domestic workers and the realisation of their rights Edited by Darcy du Toit 2013 ISBN: 978-1-920538-20-0 Pages: viii 380 Print version: Available Electronic version: Free PDF available

Description: If God is male then the male is God - PULP FICTIONS No.3 Edited by Karin van Marle 2007 ISSN: 1992-5174 Pages: 17 Print version: Available Electronic version: Free PDF available

Description: About the publication The year 2016 was declared by the African Union as the African ‘Year of Human Rights with Particular Focus on the Rights of Women’ to commemorate and celebrate significant milestones in the realisation of human rights on the African continent. The year marks the 35th anniversary of the adoption of the African Charter on Human and Peoples’ Rights (African Charter), 30th year since coming into force of the African Charter and 10 years since the inauguration of the African Court on Human and Peoples’ Rights. Since its adoption, the African Charter has been supplemented by the Protocol on the Rights of Women in Africa (Maputo Protocol). All AU member states (with the exception of new comer South Sudan) are state parties to the African Charter, and 36 of them have accepted the Maputo Protocol. This book assesses the impact and effectiveness of the African Charter and the Maputo Protocol in 17 African countries, namely Burkina Faso, Cameroon, Côte d’Ivoire, Ethiopia, Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zimbabwe. The book is the result of research conducted by selected alumni of the Centre for Human Rights’ LLM in Human Rights and Democratisation in Africa programme. The Centre for Human Rights, which in 2016 is also celebrating 30 years of human rights education, intends to use this research as the basis for a continuously updated database on the impact of the African Charter and Maputo Protocol. Table of Contents Preface Introduction Victor Oluwasina Ayeni Burkina Faso Kounkinè Augustin Somé Cameroon Polycarp Ngufor Forkum Côte d’Ivoire Kounkinè Augustin Somé Armand Tanoh Ethiopia Meskerem Geset Techane The Gambia Satang Nabaneh Ghana Michael Gyan Nyarko Kenya Saoyo Tabitha Griffith Paul Ogendi Lesotho Sizakele Hlatshwayo Malawi Sarai Chisala-Tempelhoff Seun Solomon Bakare Mauritius Meskerem Geset Techane Roopanand Mahadew Nigeria Victor Oluwasina Ayeni Sierra Leone Augustine Sorie Marrah South Africa Ofentse Motlhasedi Linette du Toit Swaziland Dumsani Dlamini Sizakele Hlatshwayo Tanzania Grace Kamugisha Kazoba Charles Mmbando Uganda Agaba Daphine Kabagambe Zimbabwe Tarisai Mutangi Conclusion Victor Oluwasina Ayeni Bibliography Questionnaire used for the study

Description: Compendium of South African Environmental Legislation Edited by Morné van der Linde 2006 ISBN: 0-9585097-2-7 Pages: 565 Print version: Available Electronic version: Free PDF available

Description: On 10 December 2008, coinciding with the 60th anniversary of the Universal Declaration of Human Rights, the United Nations General Assembly adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). The Optional Protocol permits individuals or groups of individuals to submit complaints to the UN Committee on Economic, Social and Cultural Rights if they have exhausted domestic remedies and believe a ratifying State has violated their rights under the Covenant. It therefore effected an historic change in the UN human rights system in that it recognizes the equal status of claimants of economic, social and cultural rights and their right to access justice. The Protocol came into force on 5 May 2013, and the number of ratifications is steadily growing. This Commentary, the first and most comprehensive of its kind, offers rigorous scholarly commentary on the provisions of the OP-ICESCR, aimed at informing and encouraging research, reasoned argument, consistent interpretation and effective advocacy, adjudication and remedies under the Protocol. It provides a critical resource for both users of the Optional Protocol (applicants, lawyers, governments, the Committee) and a broader audience of scholars, students, national judiciaries and policy makers. The book is divided into three main sections that respectively address procedural issues, substantive interpretation, and remedies and enforcement. Each of the chapters highlights and discusses what is most innovative about the OP-ICESCR, as well as potential ambiguities and controversies. The Commentary makes a unique and critical contribution to legal scholarship and practice by laying the foundations for cutting-edge, authoritative jurisprudence. The chapters have benefited from a peer-review process, and an exchange and discussion among the authors and other experts.

Description: It is with great joy that I, along with the editorial committee, present to you, reader, the 2017 Pretoria Student Law Review. On this journal’s 11th edition, it has been an expansive year with a wider variety of topics being researched and produced by our authors. As law students, young scholars and future legal practitioners, we have a duty to utilise the unique position that we are in to challenge the status quo. Fittingly, the topics covered prove themselves to be contemporary and legally pertinent and encourage critical thinking of the law and its place in South African society. This year has not only been a challenging one for students, staff and parents but also for the citizens of South Africa as a whole. It is thus with even greater pleasure that we offer our humble contribution to legal academia. Every year of publication faces its own challenges, and this year was no different. However, it is through setbacks and ambitious deadlines that which makes a finalised product that much more deserved. This year’s edition touches on a variety of themes which is certain to pique anyone’s interest. This year’s edition of the PSLR would not have been possible without the dedication and hard work of a particularly motivated and dedicated team. To Simon Botha, Privilege Chanana, Rutendo Chinomona, Roxanne Gilbert, Lethabo Mailula, Agnes Matasane, Raeesah Thomas, Thomas White and Jurgen Zwecker for your long hours and persistence in the production of this year’s edition. You all have contributed to the mechanism of this wonderful team and it has been a privilege to have worked with you. I would further like to thank the authors for their submissions and tireless efforts to produce quality articles. My further thanks to Prof Andre Boraine and Lizette Hermann for their consistent guidance and leadership this year. This year’s edition would not be the success it is without their encouragement and input this year. A further thank you to Prof Philip Stevens for his contributions and input. I would also like to thank Adebayo Okeowo for his contribution for the cover for this year’s edition. I trust you, the reader, will find the included articles as insightful and though-provoking as the editorial team did. Sarah Burford Managing editor

Description: About the publication While the harmonisation of the rules on the recognition and enforcement of foreign judgments has been given priority in other regional economic communities, in particular the European Union, any similar effort to harmonise the rules on recognition and enforcement of member states has been conspicuously absent in the SACU, and in fact the most of the African continent – a situation which needs to receive immediate attention. This book considers the approaches followed by a number of international and regional organisations, including the EU, the USA, Australia and New Zealand and Latin American States, with a view to identifying the most suitable approach to be adopted for the SACU. Table of Contents Foreword Introduction and background 1 Introduction 2 Key concepts 2.1 Regional economic integration 2.2 The Southern African Customs Union 2.3 Private international law 2.4 Recognition and enforcement of foreign judgments 2.5 Harmonisation 3 Origin and background of study 3.1 The lack of global recognition and enforcement regime 3.2 The lack of a regional recognition and enforcement regime 3.3 International developments in the field 3.4 Regional integration on the African continent 4 Rationale for the study 4.1 Trade facilitation 4.2 Facilitation of regional economic integration 5 Framework of analysis 5.1 Territorial sovereignty, obligation theory, comity and reciprocity 5.2 States’ interest in recognising and enforcing foreign judgments 6 Research questions 7 Scope and exclusions from scope 8 Chapter outline Recognition and enforcement of foreign judgments – overview of international and regional harmonisation efforts 1 Introduction 1.1 Bilateral treaties as means of harmonising enforcement rules 1.2 Multilateral conventions as means of harmonising recognition and enforcement rules 2 Harmonisation of recognition and enforcement of foreign judgments at the international level 2.1 The Hague Conference on Private International Law 2.2 Some other intergovernmental and private organisations 2.3 Evaluation of international harmonisation efforts 3 Harmonisation of recognition and enforcement of foreign judgments at the regional level 3.1 European community Brussels/Lugano Regime 3.2 United States full faith and credit approach 3.3 The Trans-Tasman judicial area 3.4 Latin American states 4 Feasibility of the different approaches for the SACU 4.1 Brussels/Lugano regime 4.2 United States of America full faith and credit approach 4.3 Trans-Tasman Judicial System 4.4 Latin America 5 Proposed approach for the SACU 6 Some factors likely to influence harmonisation in SACU 7 Concluding remarks Comparison of multilateral conventions on the recognition and enforcement of foreign judgments 1 Introduction and overview of types of multilateral recognition and enforcement conventions 1.1 Single convention 1.2 Double convention 1.3 Analysis 1.4 Variations on traditional convention types 2 The Hague Convention on Recognition and Enforcement 2.1 Material scope of application of Convention 2.2 Procedural requirements for enforcement 2.3 Grounds for non-recognition 3 The Hague Choice of Court Convention 3.1 Material scope of application of Convention 3.2 Procedural requirements for recognition and enforcement 3.3 Grounds for non-recognition 4 The EU Brussels Convention/Regulation 4.1 Material scope of application of Convention/ Regulation 4.2 Procedural requirements for recognition and enforcement 4.3 Grounds for non-recognition 5 The Montevideo Convention 5.1 Material scope of application of Convention 5.2 Procedural requirements 5.3 Grounds for non-recognition 6 Overview of the Conventions discussed 6.1 Hague Convention on Recognition and Enforcement of Foreign Judgments 6.2 Hague Choice of Court Convention 6.3 EU Brussels Regulation/Convention 6.4 Montevideo Convention 7 Concluding remarks Comparison of Existing Laws on Recognition and Enforcement of Foreign Judgments in the SACU and Proposals for Draft Convention 1 Introduction 2 Recognition and enforcement under the common law tradition 2.1 Administration of Justice Act, 1920 2.2 Foreign Judgment (Reciprocal Enforcement) Act, 1933 3 Overview of relevant statutes 3.1 Swaziland 3.2 Lesotho 3.3 Botswana 3.4 South Africa 3.5 Namibia 4 Comparative analysis 4.1 Scope of application 4.2 Requirements for enforcement 4.3 Procedural requirements 4.4 Setting aside of registered judgments 4.5 International competence 4.6 Other matters the Convention may include 5 Proposed text for a convention on the recognition and enforcement of foreign judgments 6 Conclusion The recognition and enforcement of foreign judgments – conclusions 1 Introduction – The need for a harmonised recognition and enforcement regime 2 International and regional harmonisation efforts 3 Overview of some of the major multilateral recognition and enforcement instruments 4 Statutory instruments currently in force in the SACU 5 Final comments Bibliography

Description: About the publication This Core Curriculum on Disability Rights for Undergraduate Law Students in Africa has been developed as part of a broader initiative to foster and strengthen knowledge and awareness about and interest in the rights of persons with disabilities among lawyers in Africa. This initiative, the ‘Disability Rights and Law Schools in Africa Project’ was supported by the Open Society Foundations, initially the Open Society Initiative for Southern Africa (OSISA) and later complemented by the Higher Education Support Programme (HESP) and the Human Rights Initiative (HRI). For the avoidance of doubt, the curriculum is written with the aim of being delivered to learners undertaking legal studies. It has been designed to assist law faculties in Africa to develop and teach undergraduate courses on disability rights in Africa. The Curriculum, which contains practical examples, notes for lecturers and student activities, may be adapted to suit the circumstances of particular law schools. It will be available as an online resource, to which interested persons may contribute, in order to to keep it updated and relevant. About the editors: The Pretoria University Law Press (PULP) is based at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. Table of Contents Introduction to the curriculum Module 1: Introduction to disability rights Module 2: Protection of disability rights - global framework Module 3: Protection of disability rights under African regional and national law Module 4: Non-discrimination against people with disabilities Module 5: Right to health Module 6: Participation in political and public life Module 7: Employment Module 8: The right to education Module 9: Vulnerabilities and inter-sectionalites Module 10: Legal capacity law and policy Module 11: Access to justice Module 12: National implementation and monitoring of disability rights

Description: The UN Migrant Workers Convention is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and in force since 2003, it establishes the minimum standards of human rights protection to which migrant workers and members of their families are entitled. However, it is the least well known of the core international human rights instruments and has so far been ratified by only 51 states. This volume shines new light on obstacles and opportunities facing the Convention, its added value in international human rights law and its application in selected state parties. It combines the expertise of academics and practitioners, with the contributions of the latter informed by work on policy and advocacy in NGOs, international organisations and specialised agencies.

Description: Assumptions of inability and the perceived costs of employing disabled persons are two of the primary reasons why it has been impossible or difficult for many capable disabled persons to access work and to continue working. This book considers the South African legal framework that seeks to promote such access and critiques it with particular reference to the intersections of the rights to equality and access to social security. One of the primary arguments is the need for a more active conception of social security in which access to work for disabled persons is recognised as an integral component of promoting both social security and substantive equality.

Description: African Charter at 30: A guide to the African Human Rights System 2011 ISBN: 978-1-920538033 Pages:65 Print version: Available Electronic version: Free PDF available

Description: About the publication The African Disability Rights Yearbook addresses disability rights within the foundational structure laid down by the inaugural issue. The structure comprises a tripartite division between: articles; country reports; and shorter commentaries on recent regional and sub-regional developments. The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region. The African Disability Rights Yearbook publishes peer-reviewed contributions dealing with the rights of persons with disabilities and related topics, with specific relevance to Africa, Africans and scholars of Africa. The Yearbook appears annually under the aegis of the Centre for Human Rights, Faculty of Law, University of Pretoria. The Yearbook is an open access online publication, see www.adry.up.ac.za About the editors: Charles Ngwena is Professor, Department of Constitutional Law and Legal Philosophy, Faculty of Law, University of the Free State, South Africa. Ilze Grobbelaar‐du Plessis is a senior lecturer and holds the degrees BIuris LLB LLM LLD from the University of Pretoria. Helene Combrinck is Associate Professor at the Centre for Disability Law and Policy, University of the Western Cape. Serges Djoyou Kamgais is Senior Lecturer at TMALI (UNISA). Table of Contents Stigma as barrier to the implementation of the Convention on the Rights of Persons with Disabilities in Africa Mark Mostert Realising the inclusion of youth with disabilities in political and public life in Kenya Lucianna Thuo Reading ‘disability’ into the non-discrimination clause of the Nigerian Constitution Ngozi Chuma Umeh Legislative mechanisms for combating violence against children with disabilities in selected African jurisdictions: A critical appraisal Enoch Chilemba My right to know: Developing sexuality education resources for learners with intellectual disability in the Western Cape, South Africa Rebecca Johns Colleen Adnams (Re)thinking sexual access for adolescents with disabilities in South Africa: Balancing rights and protection Paul Chappell The development and use of Sign Language in South African schools: The denial of inclusive education Willene Holness Implementing article 33 of CRPD: Tanzanian approach Abdallah Possi SECTION B: COUNTRY REPORTS Angola Eduardo Kapapelo Gabon Christophe Tchudjo Victorine Maptue Toguem Senegal Abdoulaye Thiam Seydi Ababacar Sy Sow SECTION C: REGIONAL DEVELOPMENTS The jurisprudence of the committee on the rights of persons with disabilities and its implications for Africa Innocentia Mgijima The right to work and employment in Southern Africa: A commentary on how selected employment laws fare against article 27 of the CRPD Dianah Msipa BOOK REVIEW Don Kulick & Jens Rydström Loneliness and its opposite: Sex, disability, and the ethics of engagement (2015) Paul Chappell

Description: Compendium of Key Documents relating to Peace and Security in Africa Edited by Monica Juma 2006 ISBN: 0-9585097-3-5 Pages: 521 Print version: Available Electronic version: Free PDF available

Description: In “The implementation of modern African Constitutions: challenges and prospects”, the authors try to identify obstacles to constitutional implementation in Africa and, on the basis of good practice, assess how this could be overcome. A single volume like this cannot unravel the complexity of the causes and effects of, and solutions to, the problem of non-implementation of constitutions in Africa: the subject is far too intricate. Nevertheless, this study, represents a first attempt to draw attention to the issue, and hopes to open a serious debate about it and pave the way for making this issue an integral consideration in constitution-building in the future. The variety of perspectives provided in analysing the challenges to constitution-implementation in this volume should make it to appeal to academics, practitioners, policy makers and postgraduate research students interested in the intricacies of comparative African constitutional law.

Description: The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region.

Description: Guidelines for legal representatives of children in civil matters Editors: Ann Skelton and Carina du Toit 2016 ISBN: 978-1-920538-49-1 Pages: 28 Print version: Available Electronic version: Free PDF available