Comparative and International Law Journal of Southern Africa最新文献

Procurement Rules Governing Public–Private Partnerships for Infrastructure in Zimbabwe and South Africa—A Stakeholder Analysis 津巴布韦和南非基础设施公私伙伴关系采购规则--利益相关者分析

Comparative and International Law Journal of Southern Africa Pub Date : 2024-04-22 DOI: 10.25159/2522-3062/14994

Takunda Gumbu

{"title":"Procurement Rules Governing Public–Private Partnerships for Infrastructure in Zimbabwe and South Africa—A Stakeholder Analysis","authors":"Takunda Gumbu","doi":"10.25159/2522-3062/14994","DOIUrl":"https://doi.org/10.25159/2522-3062/14994","url":null,"abstract":"This study delves into the critical, but often overlooked aspect of stakeholder management within Public–Private Partnerships (PPPs) based infrastructure projects in Zimbabwe and South Africa. It explores the diverse stakeholder interests in PPP projects by comparatively analysing PPP procurement rules in Zimbabwe and South Africa, through the lens of the stakeholder theory. The study reveals a disparity in the role of procurement rules in managing stakeholder interests in both countries. Zimbabwe’s recently enacted PPP procurement rules fall short of PPP stakeholder management standards. However, South Africa’s procurement rules have been improved over two decades to make them more comprehensive and pro-active. The findings show that PPP procurement rules in both countries play a critical role in averting project failure caused by conflicting stakeholder interests. Nonetheless, there is a need for more robust regulatory regimes in both countries that account for conflicting interests to prevent project failure and fulfil the social welfare objectives of PPPs. Overall, effective stakeholder management in PPPs can bridge the infrastructure gap and improve the economic prospects of both countries.","PeriodicalId":502406,"journal":{"name":"Comparative and International Law Journal of Southern Africa","volume":"100 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140676695","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}

引用次数: 0

The African Court’s Jurisdiction over the Crime of Unconstitutional Change of Government and the African Union’s Sanctions Regime: A Comparative Analysis 非洲法院对违宪变更政府罪的管辖权与非洲联盟的制裁制度：比较分析

Comparative and International Law Journal of Southern Africa Pub Date : 2024-04-16 DOI: 10.25159/2522-3062/11635

Linda Mushoriwa

{"title":"The African Court’s Jurisdiction over the Crime of Unconstitutional Change of Government and the African Union’s Sanctions Regime: A Comparative Analysis","authors":"Linda Mushoriwa","doi":"10.25159/2522-3062/11635","DOIUrl":"https://doi.org/10.25159/2522-3062/11635","url":null,"abstract":"This paper provides a comparative assessment of the criminalisation of unconstitutional change of government before the proposed African Court of Justice and Human Rights (African Court), and the African Union’s sanctions regime, which is part of its legal and policy framework to respond to unconstitutional change of government. Using Niger and Gabon as case studies, the paper examines the efficacy of the African Union (and the Economic Community of West African States, in the case of Niger) sanctions regime in response to the recent military coups in these selected countries. It is argued that the African Union’s policy and legal framework in response to unconstitutional change of government and the sanctions regime have not been effective in countering the scourge of unconstitutional change of government on the African continent. The paper then examines the potential of Article 28E of the Malabo Protocol, which criminalises unconstitutional change of government, to effectively address the problem of recurring unconstitutional change of government in Africa. It concludes that this Article has the potential to effectively address the problem of unconstitutional change of government when the African Court becomes operational.","PeriodicalId":502406,"journal":{"name":"Comparative and International Law Journal of Southern Africa","volume":"116 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140695019","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}

引用次数: 0

A Review of the Decision of the Constitutional Court of South Africa in the Shilubana Case: Lessons for the Development of Customary Law in Ghana 回顾南非宪法法院对 Shilubana 案的裁决：对加纳习惯法发展的启示

Comparative and International Law Journal of Southern Africa Pub Date : 2024-04-13 DOI: 10.25159/2522-3062/14331

Eugene Ablade Oninku

{"title":"A Review of the Decision of the Constitutional Court of South Africa in the Shilubana Case: Lessons for the Development of Customary Law in Ghana","authors":"Eugene Ablade Oninku","doi":"10.25159/2522-3062/14331","DOIUrl":"https://doi.org/10.25159/2522-3062/14331","url":null,"abstract":"In the case discussed in this article, the Constitutional Court of the Republic of South Africa was confronted with the issue of the customary law rule of male primogeniture and its discriminatory effects on women regarding chieftaincy succession. The court held that, given that the said customary law practice was discriminatory, it needed to be developed to meet the constitutional human rights value of gender equality. The court’s decision is regarded as the basis for new criteria by which living customary law can be developed further. The article seeks to review the decision of the Constitutional Court and its impact on the development of customary law in general. Against this backdrop, the author proceeds to evaluate and offer a comparative analysis of the judicial and legislative efforts by Ghana and South Africa to promote the development of customary law and whether the decision of the Constitutional Court of South Africa (Constitutional Court) could offer lessons for the development of Ghanaian customary law in general. It is contended that the measures put in place under Ghanaian law to promote the development of customary law are inadequate and thus recommendations for the development of Ghanaian customary law drawing on lessons from the decision of the Constitutional Court are made.","PeriodicalId":502406,"journal":{"name":"Comparative and International Law Journal of Southern Africa","volume":"19 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140708908","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}

引用次数: 0

The Tax Cooperation Mechanism between China and African Countries and the Avoidance of a Double Taxation Agreement 中国与非洲国家税收合作机制及避免双重征税协定

Comparative and International Law Journal of Southern Africa Pub Date : 2023-12-12 DOI: 10.25159/2522-3062/12912

Zezhong Zhang, Xu Yue

引用次数: 0

The Validity of Objections to Side-line the USA-based Community Reinvestment Legislative Model in South Africa 反对南非采用美国社区再投资立法模式的有效性

Comparative and International Law Journal of Southern Africa Pub Date : 2023-11-22 DOI: 10.25159/2522-3062/13330

Maphuti Tuba

引用次数: 0

Exploring the Possibilities of Legal Harmonisation of Non-Tariff Barriers of RECs for the Achievement of the AfCFTA 探索区域经济共同体非关税壁垒法律协调的可能性，促进非洲自由贸易区的实现

Comparative and International Law Journal of Southern Africa Pub Date : 2023-11-22 DOI: 10.25159/2522-3062/11234

Elisabeth Etagha Achancho

{"title":"Exploring the Possibilities of Legal Harmonisation of Non-Tariff Barriers of RECs for the Achievement of the AfCFTA","authors":"Elisabeth Etagha Achancho","doi":"10.25159/2522-3062/11234","DOIUrl":"https://doi.org/10.25159/2522-3062/11234","url":null,"abstract":"African Union (AU) countries are expected to pursue more effective, responsive and non-discriminatory regulations to build a more productive regional economy. This article interrogates the prospects of implementing legal harmonisation of Non-Tariff Barriers (NTBs) in the African Continental Free Trade Area (AfCFTA). The article adopts a qualitative review of the literature with reference to the European Union (EU) and the Organisation for the Harmonisation of Business Law in Africa (OHADA). Analysing instruments of legal harmonisation of the AU and Regional Economic Communities (RECs) reveals lapses in the harmonisation agenda, which impedes intra-regional trade. Furthermore, the article examines the methods of legal harmonisation, benefits, setbacks and efforts RECs make to harmonise NTBs. Also, examining attempts at legal harmonisation by RECs reveals that the harmonisation objectives of the AU’s legal frameworks have not been effective. On the other hand, RECs have progressed unequally in meeting their treaty goals and essential programmes. This article establishes that the legal harmonisation model, political will and states’ inability to supranationalise community rules are the major reasons for the lack of harmonisation. In addition, overambitious targets with limited resources account for the failure of the AU and its RECs to achieve their stated objectives. Finally, the article proposes a legal harmonisation model that will directly affect domestic regulations.","PeriodicalId":502406,"journal":{"name":"Comparative and International Law Journal of Southern Africa","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139250440","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}

引用次数: 0

The Competition Laws of China and Cameroon: A Comparative Analysis of their Legislative Systems 中国和喀麦隆的竞争法：两国立法体系的比较分析

Comparative and International Law Journal of Southern Africa Pub Date : 2023-11-21 DOI: 10.25159/2522-3062/11577

Ngalim Elizabeth Yongyeh, Lu Ming Yu, N. K. Mohammed

引用次数: 0