The role of non-governmental organisations in advancing good governance and development through regional institutions in Africa

by | Mar 12, 2023 | JCLA, JCLA V9 I2 2022

The role of non-governmental organisations in advancing good governance and development through regional institutions in Africa

Authors: Chebo Tamajong Nfor, Atupele Masangala, Julieth Gudo

ISSN: 2521-2605
Affiliations: LLLB, LLM, PhD candidate (UCT), postgraduate teaching assistant and researcher at the Centre for Comparative Law in Africa, Department of Commercial Law, UCT; LLM, LLB (Honours), law lecturer, University of Malawi;PhD Law, LLM, LLB, postdoctoral research fellow, Centre for Comparative Law in Africa, Faculty of Law, UCT
Source: Journal of Comparative Law in Africa, Volume 9 Issue 2, p. 71 – 101
https://doi.org/10.47348/JCLA/v9/i2a3

Abstract

Non-governmental Organisations (NGOs) in Africa, as people’s representatives, play an essential role in advancing good governance, human rights and development on the continent. They have cemented their role alongside international and regional institutions, organisations and state governments. NGOs have made extensive contributions to democracy and development in Africa. They have a history of challenging poor governance and human rights contraventions, and advancing development on the continent through regional institutions such as regional courts, regional bodies and other regional networks. However, these roles have not been critically studied. There is a lack of in-depth analysis of the different methods used by NGOs in promoting good governance and development through African regional institutions. This paper identifies and examines the various tools that NGOs employ in advancing good governance and development on the continent. The paper discusses the recognition of NGOs by regional institutions and how international and regional law protects their involvement in and participation on the continent. It further outlines how NGOs have used various regional legal institutions and other regional bodies to protect the rights and interests of the people. The paper demonstrates that while the role of NGOs in advancing good governance and development on the continent is progressive, many challenges hinder this role, such as stringent rules for eligibility and application to implement certain functions, lack of access to key resources that facilitate their participation and lack of clarity on the legal instruments that govern NGOs.

Female genital mutilation in Nigeria and Burkina Faso: Safeguarding the rights of women and girls in Africa

by | Mar 12, 2023 | JCLA, JCLA V9 I2 2022

Female genital mutilation in Nigeria and Burkina Faso: Safeguarding the rights of women and girls in Africa

Author: Olaitan O. Olusegun

ISSN: 2521-2605
Affiliations: Lecturer, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria
Source: Journal of Comparative Law in Africa, Volume 9 Issue 2, p. 102 – 136
https://doi.org/10.47348/JCLA/v9/i2a4

Abstract

Article 2 of the Convention against the Elimination of Discrimination against Women explicitly prohibits violence against women, which was defined to include Female Genital Mutilation (FGM). FGM is a practice which is entrenched in African culture. Archaic as this practice is, it is widely carried out in several countries, with its attendant deleterious effects. Nigeria and Burkina Faso have a high prevalence of FGM but have made legislative efforts to curb the practice. Burkina Faso has, however, employed additional measures to ensure their laws” enforcement, which has effectively changed the cultural attitudes of several communities towards FGM in the country. This study uses a doctrinal approach to examine the prevalence, mode of operation and legal framework enacted to protect girls and women from FGM in Nigeria and Burkina Faso. It further discusses the efforts taken in Burkina Faso to implement and enforce their laws, in addition to the challenges inherent in enforcing FGM, laws in Nigeria. This article found that enforcement of laws is key to eliminating FGM and Nigeria needs to take urgent measures to enforce their FGM legislation like Burkina Faso.

Notes: The Krugersdorp gang rapes — Another Tshabalala v S; Ntuli v S?

by | Feb 19, 2023 | SALJ, SALJ V140 I1 2023

Notes: The Krugersdorp gang rapes — Another Tshabalala v S; Ntuli v S?

Author: Jolandi le Roux-Bouwer

ISSN: 1996-2177
Affiliations: Professor of Law, University of South Africa
Source: South African Law Journal, Volume 140 Issue 1, p. 1-16
https://doi.org/10.47348/SALJ/v140/i1a1

Abstract

This note assesses the application of the common purpose doctrine to the crime of gang rape. The recent gang rape of eight women in West Village, Krugersdorp on 28 July 2022 received wide media coverage. If and when there is a prosecution, the courts will have to adjudicate on the application of the common purpose doctrine to the newly defined statutory crime of rape. The Criminal Law (Sexual Offences and Related Matters Amendment) Act 32 of 2007 (‘SORMA’) came into effect on 16 December 2007. The Constitutional Court, in Tshabalala v S; Ntuli v S 2020 (2) SACR 38 (CC), held that the common purpose doctrine was applicable to the autographic crime of common-law rape. Since the alleged crimes had occurred in 1998, SORMA was not applicable in this case. If the Krugersdorp gang rape incident reaches the Constitutional Court the case may provide the court with the opportunity to elucidate on the practical impact of its decision in Tshabalala v S; Ntuli v S.

Notes: Do retirement funds have a right to transfer accrued retirement benefits without non-member spouses’ consent? An analysis of the Collatz matter

by | Feb 19, 2023 | SALJ, SALJ V140 I1 2023

Notes: Do retirement funds have a right to transfer accrued retirement benefits without non-member spouses’ consent? An analysis of the Collatz matter

Author: Motseotsile Clement Marumoagae

ISSN: 1996-2177
Affiliations: Associate Professor, University of the Witwatersrand; Visiting Associate Professor, National University of Lesotho
Source: South African Law Journal, Volume 140 Issue 1, p. 17-37
https://doi.org/10.47348/SALJ/v140/i1a2

Abstract

Neither the legislature nor the courts have adequately determined how to regulate benefits that retirement fund members married in community of property derive a right to claim before their death. It illustrates the failure of the courts to assess the intersection between matrimonial principles and pension rules when faced with nonmember spouses who argue that their deceased member spouses’ retirement benefits accrued to their joint estates. The courts need to consider seriously the applicability of matrimonial principles before retirement benefits can be treated as death benefits. Further, the note demonstrates that the courts over-emphasise the role of pension rules and totally disregard matrimonial principles, thereby depriving surviving non-member spouses of their share of the accrued retirement benefits. This note further argues that the legislature should urgently intervene.

Notes: Municipal crisis: A justifiable limitation of political rights

by | Feb 19, 2023 | SALJ, SALJ V140 I1 2023

Notes: Municipal crisis: A justifiable limitation of political rights

Author: Matt Williams

ISSN: 1996-2177
Affiliations: Candidate Attorney, Webber Wentzel
Source: South African Law Journal, Volume 140 Issue 1, p. 38-52
https://doi.org/10.47348/SALJ/v140/i1a3

Abstract

Section 56A of the Local Government: Municipal Systems Act 32 of 2000 provided for the limitation of the political rights of municipal managers and managers directly accountable to municipal managers. The South African Municipal Workers Union (SAMWU) challenged the constitutionality of s 56A on both procedural and substantive grounds in the High Court. The substantive ground related to whether s 56A was a justifiable limitation of the s 19(1) right to make free political choices. Having found for SAMWU on procedural grounds the High Court did not decide the substantive ground. The Constitutional Court confirmed the High Court’s order. The nett result is that there has not been a judicial pronouncement on whether s 56A is a justifiable limitation of political rights. The successor provision to s 56A is s 71B, which was inserted into the Act by s 9 of the Local Government: Municipal Systems Amendment Act 3 of 2022. This provision provides for the limitation of the political rights of municipal staff members. In the absence of a judicial pronouncement on this issue, this note applies a justification analysis in terms of s 36 of the Constitution and finds that s 71B is a justifiable limitation of the right to make free political choices.