African Law eJournal最新文献

{"title":"Community Participation in the South African Local Government Dispensation: A Public Administration Scholastic Misnomer","authors":"N. Mathebula","doi":"10.17573/IPAR.2015.3-4.08","DOIUrl":"https://doi.org/10.17573/IPAR.2015.3-4.08","url":null,"abstract":"The interpretation, application and understanding of community participation in the South African local government discourse in particular, is ambiguous, thus, creating a more simplistic and superficial meaning for operationalization. This paper seeks to challenge the notion that community participation is a substitute in its ontological and epistemological form and connotation for public participation. Many scholars in public administration have jumped on the bandwagon of dispensation, thus creating a misnomer in relation to a distinct nature of community participation and public participation which clearly undermines the authenticity of conception within the discipline and scholarship in general. Using a variety of qualitative secondary data collection and analytical techniques, this paper interrogates the misnomer in public administration scholarship in relation to the use and application of community participation specifically in local government. To successfully demonstrate this misnomer regarding the use, application and understanding of the concepts and their impact on scholarship, five selected articles on community participation and five others on public participation on local government published in the Journal of Public Administration (JOPA) were reviewed. The paper therefore concludes that the influential role of public administration as a scientific discipline is to forge relations with public administration as a practice for the purposes of conceptualizing and operationalising concepts and terminologies. This will ensure conciseness and bypass the contradictions which have potency of denting both scholarship and practice.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130984418","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":"Seeking for Special Damages and General Damages in Breach of Contract: What is Wrong About It?","authors":"J. Onele","doi":"10.2139/SSRN.2613070","DOIUrl":"https://doi.org/10.2139/SSRN.2613070","url":null,"abstract":"There have been some arguments in some quarters as to the appropriateness of seeking general and special damages for the breach of a contract. This paper seeks to examine the doctrine of damages in breach of contract, in particular, the applicability of general and special damages to contract. In doing justice to this topic, efforts have been made to consider both the English and Nigerian authorities on the point.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132182454","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":"Right to Health in Contexts of Resource Scarcity: Towards Judicial Enforcement of the Right to a Fair Share","authors":"Siri Gloppen","doi":"10.2139/SSRN.2622779","DOIUrl":"https://doi.org/10.2139/SSRN.2622779","url":null,"abstract":"Almost all states have ratified international documents committing them to secure the right to “the highest attainable standard of physical and mental health” for all their citizens, and obliging them to pursue this to the maximum of available resources. A growing number of countries have similar commitments in their national constitutions. But what does this mean in practice in terms of health service delivery? What do individuals living in conditions of resource scarcity have a right to? And can this right be meaningfully enforced thorough courts? This article argues that courts can and should enforce the right to health services, not least in conditions of radical resource scarcity. This requires, however, that the right to health be conceptualized as “the right to a fair share” of the maximum health services that can be provided within available resources. To be able to enforce this effectively, judges must engage the thinking around fair priority setting in health, and seek ways to enforce the right to health that look beyond the individual case and addresses the structural causes of the violations that are placed before them. Commitments to move towards Universal Health Coverage provide opportunities for doing so – and makes judicial engagement urgent. For courts to fill the accountability functions needed to advance the right to health, dialogical approaches are needed, where judges engage health authorities and other stakeholders.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132092593","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":"Privity in e-Contract in Nigeria","authors":"Olubukola Adeyemi Olugasa, Veronica Ekundayo, Omobamidele O. Olufemi, Omolola A. Ogbolumani","doi":"10.2139/SSRN.2687291","DOIUrl":"https://doi.org/10.2139/SSRN.2687291","url":null,"abstract":"The doctrine of privity of contract excludes a third party to a contract from claiming a right under a contract between specific parties that have voluntarily entered into the contract. It renders a third party a meddlesome interloper. That third party can neither enforce the contract nor be made liable in the contract. But there are exceptions to this general rule of the doctrine. These exceptions include the statuses of third party insurance, agency, trustee, and guarantor/surety. With the advent of e-contract it appears this doctrine can no longer hold sway across jurisdictions. By the nature of e-contract several parties may be involved in the formation of a contract between two parties. E-contracts are formed by the parties to it through the internet platform. Usually that platform is made up of different actors. These actors include the parties to the contract, Internet Service Providers (ISPs), Internet Content Providers (ICPs), manufacturers of hardware and software through which the parties connect and sometimes their agents as well. These actors hold the reins of the fundamental aspect of contract which is communication between the direct traditional parties to the contract. Any mistake by failure, negligence, or accident on the part of these actors could result in vitiating the contract or end up in breach of contract or fragrant frustration of the contract. Whereas a number of jurisdictions have one way or the other taken care of this innovation induced gap in their e-contract Nigeria is yet to close up the gap. The purpose of the paper is to re-appraise the doctrine and consider its status in contemporary contract, particularly e-contract, and suggest reforms in law of contract in that regard in Nigeria. The conduct of business transactions across the world is witnessing a new paradigm shift, an aspect of which this paper seeks to discuss and suggest a workable legal regime towards ensuring the purpose of law of contract by adopting the ‘liberal’ approach that recognizes the relationship between law and technology for the Nigerian jurisdiction.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"32 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132792521","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":"A Critical Analysis of the CISG in the Harmonization and Unification of International Trade Law in Africa-Nigeria","authors":"T. Nwekwo","doi":"10.2139/SSRN.2565013","DOIUrl":"https://doi.org/10.2139/SSRN.2565013","url":null,"abstract":"This research is geared towards giving a critical appraisal and review of the CISG with regards to the prospective effect or advantage it conveys if/when it is wholly integrated into the legal framework of the commercial sectors of African states. Africa is currently the world's trading hub, with a steady influx of foreign governments, corporations and organizations seeking to trade with the continent for economic and also political purposes, it has apparently become an essential and profitable continent. The continent is second to Asia in its largeness and population amongst the world’s seven continents. Nigeria, on the other hand, being one of the countries in Africa is relevant or considered in this discourse as it is popularly referred to as the giant of Africa. It is the most populous country in Africa and its ranked 7th most populous country in the world. But, irrespective of the above Nigerian status, the country still grapples with underdevelopment and poverty, a similar trend which cuts across other African states. The African Union (AU), which is a union that consist of the 54 countries that make up the continent Africa, serves as the political and administrative body that govern the continent. And as one of its objectives, the Union seeks to promote the sustainable advancement of all economic, social and cultural sectors of states through the integration of African economies. But following its past and present economic and commercial policies in Africa, this above objective appears “unattainable”. A similar failure is also been conceived amongst commentators and experts of the September 2000 United Nations Millennium Development Goals for Africa on economic growth and development by the year 2015. Although, one could say this development and growth is being actualized, but it is no doubt that it comes slow and is unstable.This paper proposes how the above objectives can be attainable. In putting forward the propositions of the paper, a critical analysis of the United Nations CISG rules is undertaken as it offers a proper framework for the attainment of the objectives of the continent. Through a study of the CISG tools, the paper establishes the effectiveness or limitation of the CISG in aiding the removal of the prevalent international sale of goods laws that limit and obstruct the growth of the continent.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"2008 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125625168","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":"Telecommunications Law and Policy to Protect Subscribers’ of Mobile Phones in Africa","authors":"E. F. G. Ajayi","doi":"10.2139/SSRN.2560777","DOIUrl":"https://doi.org/10.2139/SSRN.2560777","url":null,"abstract":"The mobile telephone alternatively referred to as mobile handset, has immense advantages over the traditional land line telephone in that it enables the user to traverse wherever he desires, and yet able to communicate with others either for purposes of transacting businesses or as a means of effecting social interactions, but notwithstanding the apparent advantages of mobile phones, like every coin having two sides, its use has demerits which as a matter of necessity, calls for regulatory measures to protect the subscribers; unfortunately, this is not the case in most African countries, for example, Nigeria reputed for the highest population in Africa ditto the highest number of mobile telephone subscribers in addition to being the biggest economy in the continent, does not have in place, law and policy specifically aimed at protecting or promoting the interest of its subscribers. The usage of mobile phones has assumed phenomenal increase recently; it is the norm rather than the exception in Africa but with the unfortunate trend of dearth of legal and regulatory measures. This Article deals with the legal and regulatory framework pertaining to mobile phones and examines issues relating to or consequences generated thereof. The paper argues that the extant legal and regulatory framework in Africa is not in the best interest of subscribers, and calls for a paradigm shift towards taking into cognizance the said interest of subscribers by governments with the view to putting in place, legal and regulatory precepts simply because the manufacturers of mobile phones and telephony companies, wherever they are situate or operate from, need and rely on the profits generated from African countries.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124957691","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":"The Financial Sector Regulation Bill in South Africa: Lessons from Australia","authors":"Andrew Godwin, A. Schmulow","doi":"10.2139/SSRN.2556544","DOIUrl":"https://doi.org/10.2139/SSRN.2556544","url":null,"abstract":"The proposed reforms to financial regulation in South Africa, as embodied in the Financial Sector Regulation Bill, (second draft, 10 December, 2014) (‘FSR Bill’), represent the most important reforms to South Africa’s financial regulatory architecture since the 1987 de Kock Commission. The degree to which these reforms succeed will determine the extent to which South Africa can maintain financial stability, and manage the effects of a future financial crisis.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114862378","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":"The Promise and the Reality: Women's Rights in Rwanda","authors":"P. Abbott, Dixon Malunda","doi":"10.2139/SSRN.2710729","DOIUrl":"https://doi.org/10.2139/SSRN.2710729","url":null,"abstract":"The 1994 Genocide against the Tutsis was a tipping point in Rwanda accelerating moves to gender equality. Rwanda has ratified and domesticated most international laws granting women equal rights with men; and has a growing body of domestic legislation protecting gender equality grants women equal rights with men, including the right to own land and property (including land), in the family and in the public sphere. Women have made significant gains in national political representation but less so in gaining senior positions at a local level and in the private sector. The health and welfare of women and girls has improved significantly and girls are now doing as well as boys at school. However, women are still severely restricted in their ability to claim and exercise their economic rights and are subordinated and exploited in the private sphere. An economic rationale underlies the commitment of the government to gender equality, and in the absence of a strong autonomous women’s movement the struggle for gender equality is played out between the forces of traditional patriarchy (patriarchy) whose interest is in keeping women subordinate in the private sphere and forces of modernity whose interest is in the economic empowerment of women so that they contribute to the economic development of the country. The voices of women themselves are seldom heard.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"148 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123450177","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":"Disqualification for Non-Compliance with Public Tender Conditions","authors":"P. Bolton","doi":"10.4314/PELJ.V17I6.03","DOIUrl":"https://doi.org/10.4314/PELJ.V17I6.03","url":null,"abstract":"When government entities procure goods or services, they generally  consider and award contracts only to bidders who complied with the  specifications and conditions of tender as laid down in the tender invitation. Tenders received must in other words be conforming, compliant or  responsive. This enables procuring entities to compare tenders on an equal footing and ensures equal treatment amongst bidders. In South Africa the extent to which bidders must comply with tender specifications and  conditions is a thorny issue in practice. In 2008 the Supreme Court of Appeal in Millennium Waste Management (Pty) Ltd v Chairperson, Tender Board: Limpopo Province confirmed the views of the courts in South Africa regarding compliance with tender conditions and the amendment of tenders before award. The recent 2013 decision of the Supreme Court of Appeal in Dr JS Moroka Municipality v The Chairperson of the Tender Evaluation Committee of the Dr JS Moroka Municipality, however, has  moved public procurement regulation in South Africa to a point where  procuring entities have very limited discretionary powers when evaluating compliance with tender specifications and conditions. This paper argues for an approach that allows procuring entities in South Africa more discretion when evaluating compliance with tender specifications and conditions. In doing so, reliance is placed on the treatment of \"responsiveness\" in  international instruments as well as the views of the South African courts since first they were confronted with the issue.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"259 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116394453","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":"Gender Mainstreaming on the Ground? The Case of EU Development Aid Towards Rwanda","authors":"P. Debusscher","doi":"10.1695/2014004","DOIUrl":"https://doi.org/10.1695/2014004","url":null,"abstract":"This article investigates why gender mainstreaming has not occurred in European Union (EU) development aid towards Rwanda despite a two-sided receptiveness from Rwanda and the EU’s Directorate-General for Development and Cooperation. I use a feminist institutionalist approach to examine formal and informal institutions as well as the actors, networks and processes involved in policy formation and implementation. I argue that the largest stumbling block to effective implementation is an institutional weakness at the EU level which involves a decoupling of formal and informal institutions and leads to the ‘ceremonial’ behaviour of gender policy actors and a limited, instrumental policy guided by gendered assumptions. These reproduce further stereotypes and contribute to an asymmetrical power play within the institutions. This can disadvantage women and staff working on gender equality. Finally, the EU’s institutional practices structurally marginalize the voices of Rwandan women and their movement which is problematic in the context of an increasingly authoritarian state.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129475813","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}