Re-Examining the Presumption of Advancement in Ghana: Implications for Property Rights in the Era of Equitable Distribution

by | Jul 26, 2026 | JCLA, JCLA V13 I1 2026

Re-Examining the Presumption of Advancement in Ghana: Implications for Property Rights in the Era of Equitable Distribution

Authors: Richard Adjei Kyeremateng, Nana Kofi Osei-Owusu and Ama F. Hammond

ISSN: 2521-2605
Affiliations: LLB, University of Ghana School of Law; LLB, University of Ghana School of Law; BA (Cape Coast), LLB (Ghana), LLM (Harvard), PhD (University of British Columbia), Associate Professor of Law, University of Ghana School of Law
Source: Journal of Comparative Law in Africa, Volume 13 Issue 1, p. 58-89
https://doi.org/10.47348/JCLA/v13/i1a3

Abstract

Judicial oscillation has created uncertainty regarding the application of the presumption of advancement in Ghana. This article explores the evolving role of the presumption in Ghanaian law, focusing on the Supreme Court’s decision in Arthur v Arthur, which established a presumption that all assets acquired by either spouse during the marriage constitute marital property. This expansive interpretation appeared to render the presumption of advancement redundant in the context of inter-spousal property transfers. However, subsequent case law reveals a lack of doctrinal coherence. Some decisions have affirmed the Arthur approach, whereas others have departed from it, reviving narrower conceptions of marital property and, by implication, the continued relevance of the presumption of advancement. This highlights the pressing need for clear legislative guidance to prevent reliance on shifting judicial interpretations. The article further argues that these challenges are amplified by Ghana’s plural legal and social landscape, in which family relationships often extend beyond formal, monogamous marriages, exposing the limitations of relying on an uncertain presumption. Drawing on Ghana’s Constitution and a comparative analysis of legal frameworks in the UK, New Zealand, and Nigeria, the article identifies critical gaps in Ghana’s current approach to the presumption of advancement. Informed by a neoformalist perspective, it proposes a coherent, context-sensitive framework to clarify the role of the presumption, with the aim of promoting fairness, consistency, and legal certainty.

Assessing the Role of Non-State Actors in Enhancing Access to Medicines: Insights from Selected African Countries

by | Jul 26, 2026 | JCLA, JCLA V13 I1 2026

Assessing the Role of Non-State Actors in Enhancing Access to Medicines: Insights from Selected African Countries

Author: Bhavna Mahadew

ISSN: 2521-2605
Affiliations: University of Technology, Mauritius
Source: Journal of Comparative Law in Africa, Volume 13 Issue 1, p. 90-121
https://doi.org/10.47348/JCLA/v13/i1a4

Abstract

Each nation has the duty to make medicine accessible to their citizens. The World Health Organisation’s (WHO) contribution in this field has been remarkable with the introduction of an Essential Medicine List. Compared to some decades back, today non-State actors have a high presence in the global sphere. In this article analysis will be made on the contribution of non-State actors in the field of medicine. However, light will be also brought as to whether they have been a hindrance in nations’ quest for access to essential medicine as a component of an important human right — that is the right to health. Equally important, the legal definition of non-State actors will be scrutinised. Then, an in-depth view of the normative and legal framework on access to essential medicine will be provided. In this phase, international and regional instruments with respect to the right to health will be analysed. The analysis will examine the role of non-State actors, governments, international bodies, and regional bodies in enhancing or impeded access to medicines in African jurisdictions and provide recommendations for stakeholders to uphold health rights.

Assessing Collaboration for Digital Knowledge Governance Under the AFCFTA in the ARIPO Region

by | Jul 26, 2026 | JCLA, JCLA V13 I1 2026

Assessing Collaboration for Digital Knowledge Governance Under the AFCFTA in the ARIPO Region

Authors: D Kawooya, DO Oriakhogba, A Kakooza and CI Okorie

ISSN: 2521-2605
Affiliations: PhD (University of Tennessee), MLIS (Valdosta State University), BLIS (Makerere University), Associate Professor, University of South Carolina, USA; PhD (UCT), LLM, LLB (UNIBEN), Associate Professor, University of the Western Cape, South Africa; JSD (Illinois), LLM (Warwick), LLB (Makerere University), Lecturer and Ag. Head, Department of Commercial Law, Makerere University, Visiting Professor, University of Illinois; PhD (UCT), LLM (Strathclyde), LLB (UNIZIK), Associate Professor, University of Pretoria, South Africa
Source: Journal of Comparative Law in Africa, Volume 13 Issue 1, p. 122-159
https://doi.org/10.47348/JCLA/v13/i1a5

Abstract

The Intellectual Property (IP) Rights, Competition and Digital Trade Protocols to the Agreement Establishing the African Continental Free Trade Area (AfCFTA) each recognise the importance of collaboration for achieving sustainable development, especially in the area of education, as articulated in the African Union Agenda 2063. Previous studies have demonstrated the legal barriers that lopsided knowledge governance regimes pose to achieving this goal, including within the African Regional Intellectual Property Organisation (ARIPO) region. However, there remains a significant gap in empirical research assessing the actual state of collaboration among key stakeholders such as national IP offices, collective management organisations (CMOs), and libraries, archives and museums (LAMs) in the ARIPO region for implementation of the IP, Competition and Digital Trade Protocols towards promoting knowledge access for quality and inclusive education in the digital environment within the AfCFTA. To address this gap, this article adopts a qualitative methodology through desk research and stakeholder interviews to examine the extent to which national IP offices in the ARIPO region have, and could fruitfully collaborate with CMOs and LAMs for the implementation of the IP, Competition and Digital Trade Protocols to shape knowledge governance regimes that foster information access for quality and inclusive education in the digital environment in ARIPO region. Drawing from stakeholders’ responses, the article identifies and discusses challenges to such collaboration while proffering actionable recommendations to address the challenges.

AI in Alternative Dispute Resolution: Comparative Insights and Emerging Trends

by | Jul 26, 2026 | JCLA, JCLA V13 I1 2026

AI in Alternative Dispute Resolution: Comparative Insights and Emerging Trends

Authors: Juanita Easthorpe and Darren Subramanien

ISSN: 2521-2605
Affiliations: Senior Lecturer, School of Law, University of KwaZulu, South Africa; Associate Professor, School of Law, University of KwaZulu Natal, South Africa
Source: Journal of Comparative Law in Africa, Volume 13 Issue 1, p. 160–204
https://doi.org/10.47348/JCLA/v13/i1a6

Abstract

This article examines the integration of artificial intelligence (AI) into Alternative/Appropriate Dispute Resolution (ADR) processes generally within South Africa and comparative jurisdictions. While ADR has long promoted reconciliation and access to justice, AI introduces new possibilities for enhancing efficiency and reducing costs. The discussion considers applications such as predictive analytics, document review, and online mediation platforms, showing how these tools can support — but not replace — the essential human role of mediators and arbitrators. Comparative insights from India, Australia, and Tanzania highlight both opportunities and risks, including bias, over-standardisation, and threats to confidentiality. The article argues that AI should be regulated and adopted in ways that align with constitutional commitments to fairness and inclusivity, while drawing on regional frameworks such as the African Continental Free Trade Area. It concludes that AI, properly managed, can complement ADR and advance its foundational goal of expanding access to justice.

Administration of Justice

by | Jul 17, 2026 | YSAL, YSAL V6

Administration of Justice

Authors Jason Brickhill, Hugh Corder, Dennis Davis, Gilbert Marcus

ISBN: 978 148515 163 0
Affiliations: LLB (UCT) MSt (Oxon) DPhil (Oxon); Adjunct Associate Professor, Department of Public Law, University of Cape Town; Member of the Johannesburg Bar; Tutor, Law Faculty, University of Oxford; Academic Affiliate, Bonavero Institute of Human Rights, University of Oxford; BCom LLB (UCT) LLB (Cantab) DPhil (Oxon); Professor Emeritus of Public Law and Senior Research Scholar, University of Cape Town; BCom LLB (UCT) MPhil (Cantab) LLD (hc) (UCT); Judge President of the Competition Appeal Court; Honorary Professor, Faculty of Law, University of Cape Town; BA LLB (Wits) LLM (Cantab); Senior Counsel; Member of the Johannesburg Bar; Honorary Professor of Law, University of the Witwatersrand
Source: Yearbook of South African Law, Volume 6, p. 1 – 42