Author: Gursimran Kaur Bakshi
Student, National University of Study and Research in Law, Ranchi, India
Darfur, a region in the west of Sudan is known as a ‘Land of Killing’. Since 2003, more than 300 000 people have been killed, and over 2.7 million have been forcibly displaced as a result of a genocide that has left the legacy of displacement and destitution. The war was initiated by the government-backed armed groups known as ‘Janjaweed’ militants in 2003, who have been accused of systematic and widespread atrocities, such as murdering and torturing of the civilian population, including raping their women and intentionally burning their villages.
Author: Paul Mudau
PhD Candidate and Researcher, School of Law, University of the Witwatersrand
On 15 March 2020, and while owing to medical and scientific advice and with the aim of controlling and managing the invasion and the spread of the invisible enemy, the Coronavirus (COVID-19) pandemic, the President of South Africa Cyril Ramaphosa introduced extraordinary legal measures, placed the country under a nationwide lockdown and sealed its international borders. The lockdown took effect from 27 March 2020. The President simultaneously declared a national state of disaster in terms of section 27 of the Disaster Management Act (52 of 2002). Apart from the 1996 Constitution, the Disaster Management Act is applicable during lockdown together with other relevant statutes such as the Criminal Procedure Act 51 of 1977 and Prevention of Combating and Torture of Persons Act 13 of 2013. This, was followed by a series of announcements and impositions of numerous lockdown Regulations and Directives that require hygienic practices, physical and social distancing, quarantine, and isolation measures.
Author: Ross Booth
Third year LLB student, University of KwaZulu-Natal
In recent years, there have been growing calls for land reformation and a fairer distribution of property in South Africa. Many have called for what is known as the expropriation of land without compensation, while others view this as an extremely dangerous and radical procedure. Despite the differences of opinion, we are currently observing what could become one of the most significant changes to land reform in the history of SA’s democracy. Seemingly given the backseat in light of our current struggle against the COVID-19 pandemic, an amendment to section 25 of our Constitution is on the cards and could result in a variety of changes to the current state of land restitution.
As it stands, section 25 is a far-reaching provision of the Constitution that deals with security of tenure, property rights, and restitution for those previously discriminated against under colonial and Apartheid land practices. Section 25(1) begins by offering some assurance to property owners by stating:
“No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.”
Author: Oyeniyi Abe
Research Fellow, Centre for Comparative Law in Africa, Faculty of Law, University of Cape Town, South Africa.
The surge in susceptibility to pandemics is a threat to the existence of not only the global order but a nation state bedeviled by weak health care system and non-existent guarantees of socio-economic rights. The socio-economic impact of the COVID-19 global pandemic, has resulted into a decline in demand for the sole product of Nigeria’s exports – oil and gas, affecting Nigeria in disproportionate ways, and causing serious consequences as a result of systemic deficiencies and lack of quality health care systems. This article considers that this is an opportune time for the government to consider constitutional and realistic guarantees of socio-economic rights, amongst other things, as veritable shields against the threat of a pandemic.
Author: Mary Izobo and Folasade Abiodun
(An earlier version of this article was published by Daily Maverick)
Since January 2020, COVID-19 pandemic, has held the world to ransom and has posed a threat to public health. It has put a lot of pressure on available medical facilities with a record of more than 9 million persons infected and more than 470 000 deaths globally with numbers set to increase. In order to stop the spread of the coronavirus, several countries are taking measures such as the closure of airports, seaports and land borders, isolation and quarantining of persons, banning of religious, sporting and social gatherings, closure of schools and universities, restaurants, public spaces and complete or partial ‘lockdown’ of some countries. The lockdown of countries entails complete restriction of movement as the virus is transmitted through direct contact with infected persons or surfaces. Some of these measures as well as their enforcement , have implications on the right to freedom of movement, the right to freedom of association and the right to freedom of assembly.
The role of international financial institutions in protecting the vulnerable during pandemics: Focus on World Bank in developing economiesPosted: 18 June, 2020
Author: Francis Kofi Korankye-Sakyi
Development and International Trade Finance Expert
The importance of law in development discourse as captured under Sustainable Development Goal 16 is a critical factor in establishing and maintaining the rule of law by empowering the most vulnerable persons and groups in society to exercise their fundamental human rights against unfettered legal regimes and political leadership, especially in times of global crises.
The nexus between access to justice and the fostering of a healthy business environment, economic growth, access to public services for the poor, including the curbing of corruption and curtailing the abuse of power is well noted and must reflect on discussions in this period of the COVID-19 pandemic. In the era of crises, institutions emerge as products of deep thinking and serve the long-term interest of international peace and development. For instance, the Bretton Woods institutions comprising the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (IBRD) were creations after World War II in 1944. In this light, the invitation to these international bodies to rescue developing economies in this unhealthy time of COVID-19 is, therefore, a legitimate expectation. From 1959 to 1991, multinational development banks which constitute part of the International Financial Institutions (IFIs) emerged as a result of the difficulties of the development paradigms of the times and have continued to execute programmes and projects within such expectations. This article takes a look at the role of the World Bank in building the judicial capacities of developing economies during this pandemic and advocates for support for a stronger monitoring and regulatory mechanisms in the application of the funds provided by these institutions to ameliorate the sufferings of the masses for whom these funds are intended to benefit.
The war in Cameroon
The conflict in Cameroon is complex. It involves different actors including the separatists Ambazonia Governing Council, which leads the Ambazonia Defense Forces. The conflict also involves Southern Cameroons Defense Force, Boko Haram and government forces. For many years, Cameroon has been considered a refuge for Boko Haram, where the organisation was tolerated by the Cameroon authorities in the sense of an unspoken mutual non-aggression pact. Since 2013, however, the organisation has extended its attacks to Cameroon itself.
Again and again, the inequality between the Anglophone and the Francophone parts of Cameroon have been the trigger for burgeoning conflicts within society. Other triggers and exacerbators of conflict are corruption and state failure, especially with regard to the education and health systems. Already after the reunification, the Anglophone part began to strive for autonomy, which has intensified since 1990. As a result, the Southern Cameroons National Council (SCNC) was founded in 1995, advocating the separation of the English-speaking part from Cameroon and the establishment of an independent “Republic of Ambazonia”. There were also demonstrations in the Francophone part of Cameroon against a possible secession.
Author: Damilola Raji
Kenna Partners Associate
Disputes are an indispensable phenomenon in commercial relationships and arbitration, undoubtedly, is one of the oldest methods of resolving disputes. The flexibility in arbitration allows parties to determine the procedural rules that should be applicable where parties eventually go into arbitration. Consequently, the flexibility of arbitration reserved the rights for parties to determine the ‘venue’ and ‘seat’ of the arbitration. These two fundamental concepts have been the subject of several controversies in Arbitration. I shall proceed to consider the differences and nexus between ‘venue’ and ‘seat’ of arbitration.