Safeguarding peace: The intergovernmental authority on development’s role in averting atrocities in the South Sudan conflict

by | Jun 2, 2025 | AYIH, AYIH 2023

ARTICLE

Safeguarding peace: The intergovernmental authority on development’s role in averting atrocities in the South Sudan conflict

Author: Mia Swart

ISSN: 2521-2621
Affiliations: Associate Professor, University of Sharjah
Source: African Yearbook on International Humanitarian Law, 2023, p. 123 – 146
https://doi.org/10.47348/AYIH/2023/a6

Abstract

The Intergovernmental Authority on Development (IGAD), established in 1986, has a mandate to promote peace, security and development in the Horn of Africa. This article seeks to critically analyse IGAD’s role in preventing genocide during the South Sudan conflict. By examining the key interventions, challenges and outcomes of IGAD’s mediation efforts, this article will explore the effectiveness of regional diplomacy in conflict prevention. The paper will also assess the limitations of IGAD’s approach and propose recommendations for strengthening its role in future peace processes. The analysis will focus on the period from 2013, when the conflict began, to the present, with a particular emphasis on the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) signed in 2018. In doing so, this article aims to contribute to the broader discourse on conflict resolution and genocide prevention in Africa, providing insights that can inform both regional and international policymaking.

Hybrid Justice: Innovation and Impact in the Prosecution of Atrocity Crimes by Kirsten Ainley and Mark Kersten

by | Jun 2, 2025 | AYIH, AYIH 2023

BOOK REVIEW

Hybrid Justice: Innovation and Impact in the Prosecution of Atrocity Crimes by Kirsten Ainley and Mark Kersten

Author: Mia Swart

ISSN: 2521-2621
Affiliations: Associate Professor, University of Sharjah
Source: African Yearbook on International Humanitarian Law, 2023, p. 147 – 150
https://doi.org/10.47348/AYIH/2023/a7

Abstract

None

International Humanitarian Law: Rules, Controversies, and Solutions to Problems Arising in Warfare by Marco Sassoli

by | Jun 2, 2025 | AYIH, AYIH 2023

BOOK REVIEW

International Humanitarian Law: Rules, Controversies, and Solutions to Problems Arising in Warfare by Marco Sassoli

Author: André Stemmet

ISSN: 2521-2621
Affiliations: Former legal adviser, South African Department of International Relations and Cooperation, Senior Research Associate, University of Johannesburg.
Source: African Yearbook on International Humanitarian Law, 2023, p. 151 – 155
https://doi.org/10.47348/AYIH/2023/a8

Abstract

None

What’s in a sentence? MK & Zuma v The IEC

by | May 23, 2025 | SALJ, SALJ V142 I2 2025

NOTES

What’s in a sentence? MK & Zuma v The IEC

Author: Simon Thompson

ISSN: 1996-2177
Affiliations: Lecturer, Department of Private Law, University of Cape Town
Source: South African Law Journal, Volume 142 Issue 2, p. 207-223
https://doi.org/10.47348/SALJ/v142/i2a1

Abstract

The Constitutional Court’s confirmation that former President Jacob Zuma was disqualified from standing as a candidate in South Africa’s general election on 29 May 2024 created waves throughout political and legal circles. In this case note, I assess the treatment of one particular legal issue on which a unanimous Electoral Court and a unanimous Constitutional Court reached opposite conclusions, namely whether Zuma’s sentence for contempt of court fell within the ambit of the disqualification provision contained in s 47(1)(e) of the Constitution. Through the prism of the practical, inclusive method of constitutional interpretation, I criticise the Electoral Court for its handling of the issue and deem its conclusion, namely that Zuma’s sentence fell outside the provision, to be manifestly wrong. By contrast, I commend the Constitutional Court for its handling of the issue and find its conclusion, namely that Zuma’s sentence fell within the provision, to be patently correct.

An executor’s remuneration — Some unease with ‘gross value’ as a point of departure for its calculation if a fiduciary’s interest and matrimonial property are involved

by | May 23, 2025 | SALJ, SALJ V142 I2 2025

NOTES

An executor’s remuneration — Some unease with ‘gross value’ as a point of departure for its calculation if a fiduciary’s interest and matrimonial property are involved

Author: J C Sonnekus

ISSN: 1996-2177
Affiliations: Professor in Private Law, University of Johannesburg
Source: South African Law Journal, Volume 142 Issue 2, p. 224-247
https://doi.org/10.47348/SALJ/v142/i2a2

Abstract

An executor’s remuneration for the administration of the estate is determined according to a prescribed tariff in the absence of an explicit clause in the will, and the Master taxes it according to the gross value of assets in the estate. The executor is entitled to receive the appropriate remuneration out of the estate’s assets. If the gross value includes the value, for example, of the joint estate where the deceased was married in community of property or of a fideicommissary asset that formed part of the deceased’s estate as fiduciary assets, this inflated value translates into an enhanced calculated remuneration that the executor could receive out of the residue of the assets of the estate. This, in turn, results in the unjustified impoverishment of all other beneficiaries and is to the unjustified benefit of the fideicommissary.