Artificial intelligence and the reconfiguration of collective bargaining: Legal implications for employees in Zimbabwe

Artificial intelligence and the reconfiguration of collective bargaining: Legal implications for employees in Zimbabwe

Author: Noah Maringe

ISSN: 2521-2575
Affiliations: Dean, Faculty of Law, Zimbabwe Ezekiel Guti University, Zimbabwe
Source: Journal of Corporate and Commercial Law & Practice, Volume 10 Issue 1, 2024, p. 89 – 105
https://doi.org/10.47348/JCCL/V10/i1a4

Abstract

The right to engage in collective bargaining is essential for maintaining harmonious industrial relations in Zimbabwe. Nevertheless, it is encountering new challenges due to the emergence of artificial intelligence. The existing legal framework has not been updated to address the swift progress in this technology. This situation also applies to the primary stakeholders involved in the collective bargaining process. A significant number of these individuals, particularly those who are less experienced, may find themselves vulnerable to their employers, who can predominantly depend on decisions made by artificial intelligence in the context of collective bargaining. Furthermore, several traditional principles that have guided and influenced the evolution of the right to collective bargaining for many years, such as the obligation of good faith, may not retain their current form without being entirely consumed by the relentless surge of technological progress. Moreover, the strength of trade unions is also being challenged, as job losses resulting from the application of artificial intelligence in the workplace can negatively impact their membership size. Consequently, comprehensive measures should be implemented to ensure that only the beneficial aspects of artificial intelligence are encouraged while its detrimental effects are mitigated. Thus, this article undertakes a qualitative analysis of the current legal framework and the impact of artificial intelligence before coming up with recommendations to enhance the right to collective bargaining in Zimbabwe.

Balancing the regulation of foreign direct investment to achieve environmental sustainability in Nigeria’s oil and gas sector

Balancing the regulation of foreign direct investment to achieve environmental sustainability in Nigeria’s oil and gas sector

Author: Amajuoritse Oritsetimeyin Ebijuwa

ISSN: 2521-2575
Affiliations: Salford Business School, University of Salford, Manchester, United Kingdom
Source: Journal of Corporate and Commercial Law & Practice, Volume 10 Issue 1, 2024, p. 106 – 125
https://doi.org/10.47348/JCCL/V10/i1a5

 

Abstract

This paper critically examines the regulation of Foreign Direct Investment (FDI) within Nigeria’s oil and gas sector, emphasising the enduring tension between economic exploitation and environmental sustainability. The historical trajectory of FDI in Nigeria’s petroleum industry, particularly in the post-independence era, reveals a deep-seated economic dependency on oil revenues, with FDI playing a pivotal role in state finance and national development narratives. Yet, this reliance has exposed structural weaknesses in Nigeria’s legal and regulatory architecture, notably through frameworks such as the 1986 Nigerian Investment Promotion Act (NIPA) and the more recent Petroleum Industry Act (PIA) of 2021. While both instruments aimed to modernise and liberalise the sector, they arguably continue to prioritise multinational corporate interests, often to the detriment of environmental integrity and local community welfare. Nigeria’s regulatory framework has struggled to embed sustainability and accountability in practice. My analysis extends this critique, arguing that reforms remain largely superficial, failing to address deeper structural issues at the heart of the country’s FDI strategy. Unless Nigeria adopts a radically reoriented legal and institutional framework that embeds environmental accountability at its core, it will remain caught in a cycle of extractive dependency undermining both national development and ecological sustainability. International investment agreements further constrain regulatory autonomy, reinforcing investor protections at the expense of environmental standards. In response, this paper advocates a bold recalibration of Nigeria’s FDI policy, integrating enforceable Environmental, Social, and Governance (ESG) principles with stronger institutional capacity. Comparative models, such as Norway’s regulatory approach, demonstrate how economic growth can be reconciled with environmental justice, an imperative if Nigeria is to avoid perpetuating unsustainable patterns of resource exploitation.

Promoting and Prioritising Financial Inclusion in Southern Africa: A Contemporary Law and Economics Perspective

Promoting and Prioritising Financial Inclusion in Southern Africa: A Contemporary Law and Economics Perspective

Author: Sharon Munedzi-Qankase

ISSN: 2521-2575
Affiliations: North-West University
Source: Journal of Corporate and Commercial Law & Practice, Volume 10 Issue 1, 2024, p. 126 – 127
https://doi.org/10.47348/JCCL/V10/i1a6

 

Abstract

None

Unilateral Amendments in E-Commerce B2C Contracts of Necessity: Legal and Ethical Implications for Vulnerable Consumers in South Africa

Unilateral Amendments in E-Commerce B2C Contracts of Necessity: Legal and Ethical Implications for Vulnerable Consumers in South Africa

Author: Clayton Rewayne George

ISSN: 1996-2185
Affiliations: Junior Lecturer at the Vaal University of Technology
Source: South African Mercantile Law Journal, Volume 37 Issue 3, 2025, p. 257 – 279
https://doi.org/10.47348/SAMLJ/v37/i3a1

Abstract

This study examines the legal and ethical implications of unilateral amendments in e-commerce business-to-consumer (B2C) contracts of necessity in South Africa, with a focus on vulnerable consumers. As online transactions become increasingly prevalent, businesses often reserve the right to unilaterally modify contract terms, potentially disadvantaging consumers who rely on essential services. The research employs a qualitative approach, analysing relevant legislation, case law, and scholarly literature to assess the current regulatory framework governing such amendments. Findings reveal significant gaps in consumer protection, particularly for vulnerable groups who may lack alternatives or the capacity to fully understand complex contractual changes. The study argues that existing laws inadequately address the power imbalance between businesses and consumers in the digital marketplace, particularly in relation to essential services. Recommendations include strengthening legislative safeguards, enhancing transparency requirements for amendments, and implementing measures to ensure fair and reasonable changes to contract terms. This research contributes to the ongoing discourse on consumer rights in the digital age and provides insights for policymakers, legal practitioners, and businesses that seek to balance commercial interests with ethical considerations and consumer protection in South Africa’s evolving e-commerce landscape.

Perspectives on the Lapse of Integrity in Wealth Management and Financial Advisory Institutions in South Africa

Perspectives on the Lapse of Integrity in Wealth Management and Financial Advisory Institutions in South Africa

Author: Sharon Munedzi-Qankase

ISSN: 1996-2185
Affiliations: Postdoctoral Research Fellow, Centre for Banking Law, University of Johannesburg
Source: South African Mercantile Law Journal, Volume 37 Issue 3, 2025, p. 280 – 298
https://doi.org/10.47348/SAMLJ/v37/i3a2

Abstract

This paper explores the importance of promoting and sustaining integrity in financial institutions and among the personnel entrusted with the management of other people’s wealth, for example trustees. Fiduciary responsibilities and trusteeship are prevalent in many financial systems globally. As such, it is essential for financial institutions to promote good ethical conduct so as to maintain public trust, curb financial malpractice and safeguard the overall integrity of the financial markets. Prior to addressing the risks emanating from the lack of integrity in the financial sector, it is essential to identify the underpinning elements that contribute to the lapse of integrity. The lack of integrity in financial institutions and their relevant personnel often results in conflicts of interest, corruption, lack of transparency and regulatory oversight. This paper argues that promoting and maintaining integrity in the management of other people’s wealth is not merely a regulatory obligation but also a moral imperative. Robust regulatory mechanisms and fostering a culture of ethics and accountability in the financial sector could address the root causes of integrity breaches and financial malpractices. Considering the interconnectedness of the financial space, cross-border coordination and the establishment of international best practices to enhance integrity are indispensable. This paper proposes proactive international cooperation and collaboration to enable early identification of emerging risks and coordinated responses globally. An environment that motivates self-reporting of potential misconduct and protects whistleblowers, could rectify ethical lapses promptly. The author explores the potential of technologies such as artificial intelligence and block chain as measures to enhance transparency and security in wealth management.