African Law eJournal最新文献

{"title":"Assessing the Legal Mechanisms for Redressing Medical Malpractice in Kenya: Just How Effective are They?","authors":"Herman Omiti, Elizabeth Cheupe Fundi","doi":"10.2139/SSRN.2496267","DOIUrl":"https://doi.org/10.2139/SSRN.2496267","url":null,"abstract":"In the recent past, claims of medical Negligence/malpractice by medical practitioners have been on the increase with most of the victims blaming the procedural inadequacies in the disciplinary process. One of the major contentions is that the Medical Practitioners and Dentists Board does not have the powers to effectively deal with unethical conduct of medical practitioners, and even where it has such powers, the Board has been reluctant to adequately exercise and deal with the problem. First, the Board does not have the power to order compensation to affected parties even where a doctor has been found culpable, they can only order parties to record mediation. More often than not, these mediation processes do not bear any fruits leaving the victim with only the option of going to court which is sometimes too expensive for the majority of Kenyans, thus most doctors easily get away with such malpractices. Secondly, even though the Board has the power to withdraw the license of a doctor found to be in breach of the code of conduct, the Board has always exercised this power with great restraint. The feeling therefore is that the expected deterrent effect of this procedure is not felt and therefore the more reason why cases of medical negligence/malpractice are on the increase. Whether or not the Board can recommend prosecution of the practitioner in question and just how serious such recommendations would be taken by the relevant authorities is still unclear. The question then is, just how effective are the legal mechanisms for addressing medical malpractice in Kenya? Is it a matter of gaps in the law or are those charged with this responsibility too reluctant or just unwilling to execute their duty?This paper seeks to interrogate these issues. The paper looks at the legal framework governing the conduct of medical practitioners in Kenya. It mainly focuses on the available legal mechanisms of seeking redress in case of medical malpractice attributed to a medical practitioner with the aim of pointing out the inadequacies therein. The paper lays emphasis on the disciplinary procedure for medical malpractice/negligence.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"s4-1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127113268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Evaluation of Sectoral Implementation of Nigerian National Information Technology (IT) Policy","authors":"W. Olatokun, Fatimah Jibril Abduldayan","doi":"10.2139/ssrn.2523290","DOIUrl":"https://doi.org/10.2139/ssrn.2523290","url":null,"abstract":"The Nigerian National IT policy (USE IT) was formulated in March 2001 with sixteen sectoral application areas and the National Information Technology Development Agency (NITDA) was established as the implementation agency. Out of these sixteen sectoral applications, this study sought to determine the extent of implementation of the policy in six of the sectors - health, agriculture, urban and rural development, arts, culture and tourism, national security and law enforcement as well as research and development. Ministries and agencies relevant to each sector were studied and the extent of implementation of the IT policy was evaluated. The study also assessed the newly drafted national ICT Policy to determine whether areas in the current national IT policy that are yet to be satisfactorily implemented has been taken care of and then make recommendations. Fifteen Heads of departments across selected sectors were interviewed face-to-face, one online interview via e-mail as well as fifty-nine copies of questionnaire administered. Interview responses were transcribed verbatim based on extent of implementation of each of the objectives of the IT policy that each sector seeks to achieve. Questionnaires were analyzed using Microsoft Excel and inferences were drawn by rating responses on a scale of 1-5 (excellent to not satisfactory respectively).The study adjudged that the extent of implementation of the national IT policy in health, agriculture, Nigeria Police Force as well as in the research and development sector was very satisfactory. Implementation in urban and rural development and in the Nigeria Immigration Service was seen as average; while it was adjudged unsatisfactory in Arts, Culture and Tourism sector. A review of the newly drafted national ICT policy revealed that some of the identified gaps in the current national IT policy had been incorporated to an extent while recommendations were made for the other areas. The study recommended among others, that the arts, culture and tourism sector should not be neglected as it is critical to transforming the country’s economy if properly managed by harnessing IT capabilities in its transformation. The Nigerian national ICT policy (draft) should put appropriate measures in place to create an enabling environment that will enhance effective and coordinated ICT development across all sectors, especially in the arts, culture and tourism sector.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130388503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"IFRS Adoption and Foreign Investment in Africa: Institutions Also Matter","authors":"U. Efobi, F. Iyoha, D. Mukoro","doi":"10.2139/ssrn.2492235","DOIUrl":"https://doi.org/10.2139/ssrn.2492235","url":null,"abstract":"The main argument of this study is that the rising global agitation for developing countries, including those in Africa, to adopt IFRS for foreign investment attractiveness is confronted by institutional framework of these countries. In essence, we ask an important question, what effect does IFRS adoption have on FDI when considering the institutional ‘plague’ – corruption – in African countries? 42 African countries were used as sample for the period 2001-2012. Two estimation approach were applied – the feasible generalised least square technique and the system GMM. The result reveals that African countries will benefit more from IFRS by improving their institutional framework, than having a static institutional framework and then adopting IFRS. This result is robust in diverse respect.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122583231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"To Be or Not to Be? The Role of Private Enquiries in the South African Insolvency Law","authors":"Y. Joubert, J. Calitz","doi":"10.4314/PELJ.V17I3.02","DOIUrl":"https://doi.org/10.4314/PELJ.V17I3.02","url":null,"abstract":"This article analyses the role of the so-called private examinations in our South African insolvency law and deals with the question of whether or not section 417 of the Insolvency Act (Act 24 of 1936) is adequately and effectively framed in order to fulfill its intended purpose in South African law. The contribution also points out that although the scrutiny of private examinations is not novel; it is argued that further exploration of the subject is justified by virtue of the fact that robust and innovative legislative changes have been experienced in the South African corporate landscape. Although the section has already passed the test of lawfulness and constitutionality, the aim is to ascertain whether the section serves a legitimate purpose and is essential and relevant in a democratic society. This is done by considering the South African law relating to South African private examinations and includes academic texts and judicial interpretation. Both section 417 of the Companies Act (Act 61 of 1973) and the matter of Kebble v Gainsford in particular are discussed. A brief comparative analysis of a similar provision in the Insolvency Act of the United Kingdom (UK), namely section 236 of the Insolvency Act 1986 is also included. Finally recommendations are made on aspects where the section may be enhanced by reform which in part relies on the premise that South African insolvency law in toto is desperately in need of an overhaul. The article concludes that it is vital that section 417 be retained in a new insolvency regime as there is a greater awareness of the interdependence between companies and the society in which they function, and it is submitted that there should be an increased responsibility in the insolvency process on the reasons why companies have failed. The accessibility of the section to practitioners, the inquisitorial nature of the proceedings, the wide scope of the section and the effective sanctions should examinees not comply together combine to make a formula that has over the years proved impervious to circumvention and it therefore fulfills its function with prudent efficiency.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129149585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Cost and Event in Arbitration (Case Study: Nigeria)","authors":"Adedolapo N. Adejugbe, A. Adejugbe","doi":"10.2139/ssrn.2830454","DOIUrl":"https://doi.org/10.2139/ssrn.2830454","url":null,"abstract":"The Federal law governing arbitration in Nigeria is the Arbitration and Conciliation Act 1988. This paper is written on the presumption that the seat of the arbitration is in Nigeria and the Arbitration and Conciliation Act 1988, (ACA) is the governing law. The basic legal requirement of an arbitration agreement under this law is that an arbitration agreement must be in writing or must be contained in a written document signed by the parties, (ACA 1988, Article 1). While the basic requirement for an arbitrator is the arbitrator must be independent and impartial, (ACA 1988, Article 8). The ability to recover costs is often central to financial success in dispute resolutions, since where the costs exceed the value of the claim the victor would enjoy a mere empirical victory. In arbitration steps have been taken to ensure that the claimant’s returns are not unnecessarily impacted upon by the costs of dispute resolution. Do costs follow the event? The general rule is that an award of costs will generally flow with the result of arbitration; the successful party being entitled to an order for costs against the unsuccessful party. However every general rule comes with its exceptions.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"39 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133204722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Traditional Strategies for Election Conflict Management in Nigeria","authors":"Paul Andrew Gwaza","doi":"10.2139/ssrn.2470477","DOIUrl":"https://doi.org/10.2139/ssrn.2470477","url":null,"abstract":"The paper examines the structural factors impeding on the conduct of peaceful elections in Nigeria in light of the several transitional exercises that eventually culminated in the swearing of democratically elected government in 1999. The paper reviews the election violent conflict scenarios that characterised election exercises between 1999 and 2014, and examines the nature of existing election conflict management strategies. It analyses the inherent defects in these election conflict management mechanisms, and appraises the potentialities and possibilities for the adoption of traditional strategies of conflict management to electoral conflicts in Nigeria.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129421140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Local Production of Pharmaceutical Products in Africa: The WHO approach","authors":"Frederick M. Abbott","doi":"10.2139/SSRN.2468258","DOIUrl":"https://doi.org/10.2139/SSRN.2468258","url":null,"abstract":"The WHO Global Strategy and Plan of Action mandated the Director General to support transfer of technology and local production of medicines in developing countries. This paper briefly lays out the conditions for local production in Africa and describes the on-going work program of the WHO Department of Public Health, Innovation, Intellectual Property and Trade (PHI) directed at supporting local production efforts. Encouragement of local production is not without controversy as governments must weigh their interest in pursuing the potential holistic benefits of security of supply, support for research and training, manufacturing employment and balance of payments improvements, with assuring that supplies are purchased at prices competitive with global lowest-priced supplies of assured quality. Ultimately, for local production efforts to be successful medicines must be provided at prices competitive with, and of comparable quality to, imported products. The African Union and national governments within Africa are promoting local production, and are working with the support of a number of multilateral organizations including UNIDO, UNCTAD, UNAIDS and WHO, with increasing interest of the African Development Bank. There is considerable attention both from local investors and multinational industry, and there are opportunities for technology leapfrogging. From the WHO perspective, the key element is to focus attention on the promotion of public health objectives, including through the strengthening of regulatory capacity. The author is consultant adviser to WHO PHI.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128727002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Boosting Inclusion and Development in Africa through Enhancement of BRIC's CRS Projects","authors":"J. Komagaeva, Y. Zaytsev","doi":"10.2139/ssrn.2446473","DOIUrl":"https://doi.org/10.2139/ssrn.2446473","url":null,"abstract":"The article deals with BRIC business’ CSR projects implications for the socioeconomic development and investment climate improvement in the poorest African countries. The authors analyze the background and current CSR practices of business from BRIC emerging economies, as well as the activities of business from traditional donors in the field of CSR. In conclusion the article reveals key problems for the BRIC business and its CSR projects implementation in the African countries and represents several recommendations to overcome the main barriers.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"168 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120936706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Nigeria, Democracy, and the Economy","authors":"Ayo Teriba","doi":"10.2139/ssrn.2438947","DOIUrl":"https://doi.org/10.2139/ssrn.2438947","url":null,"abstract":"Nigeria fortuitously instituted democratic rule at home at a time of growing economic and financial ease abroad. A decade and a half down the road, it is clear that elected democrats have been at a loss on how to deliver economic outcomes commensurate with the global stimuli. Unemployment and poverty levels have worsened in the face of high growth and high liquidity. A democratic deficit has emerged as elected officials pass the buck of policy conception, design and coordination to unelected appointees that should ideally only implement. There is a divergence between conferment of powers through elections and the ability to exercise such powers between elections. On the eve of Nigeria’s fifth general elections, global economic and financial situations are favourable, and seem set to remain so in the foreseeable future. Thus, in spite of past misses, the window of opportunity for Nigeria’s democracy to deliver stronger economic outcomes remains open. The 470 persons Nigeria elects every four years now have to be equipped to achieve a stronger link between favourable global economic and financial stimuli and domestic economic outcomes. Specifically, Nigeria now needs to embed strong policy making institutions in her fledgling democratic transition by redefining the roles that elected officials must play in economic management, equipping them to play such roles, and setting out the rules by which such roles must be played in explicit new pieces of legislation. We suggest five aspects of the economic management processes that must be reformed to overcome the huge democratic deficit in the Nigerian transition and ensure that the next decade and a half of Nigeria’s democratic transition yields better economic outcomes than the initial decade and a half. a) First, until we know the facts about the economy in a timely fashion, it will be difficult to know when or how to boost economic outcomes, however well meaning we may be. There is a need for government to ensure that all agencies charged with responsibility to provide any type of economic data do so in a timely and orderly fashion, preferably on pre-announced due dates to ensure predictability. The President and the Parliament need to ensure that data provision mandates/legislation are updated to include comprehensive calendar and ensure sufficient funding is appropriated for data providing agencies. b) Second, once necessary data are provided, Nigeria needs to have a neutral national economic intelligence agency to generate a central view of the trends and outlook of the key aspects of the economy, and provide the insights into ways to improve economic outcomes, oversight of national policies and programs, and foresight into long-term future economic trends, required to ensure that President, Parliament and all Agency Heads always stay focused on ways to make government work better. c) Third, to overcome the growing democratic deficit in which elected Presidents come into office to pass the buck of ","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115635871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Exploring the Media's Role in Fighting Fraud and Corruption","authors":"A. Enobi, G. Oyedokun","doi":"10.2139/ssrn.2434147","DOIUrl":"https://doi.org/10.2139/ssrn.2434147","url":null,"abstract":"The media plays a very important role in the promotion of good governance and in minimizing corruption. It raises awareness of the public about corruption. The media can be effective if it has access to information and when there is freedom of expression, as well as professional and ethical cadre of investigative journalists.This paper examines the concepts of fraud and lies, the concept of corruption, the media, categories of media and the media’s current role in combating future frauds and corruption. The papers considers, too, the benefits journalists gain by attending anti-corruption trainings/events and highlights some notable corruption and money laundry in Nigeria, Kenya and Cameroon, Methodology use in arriving at the conclusion was content analysis, which employ review of relevant books and articles on the subject of discussion.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"53 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133557345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}