The SADC Model Law on Data Protection of Children’s Personal Information in SADC Countries

by | May 11, 2026 | SLR, SLR V36 I2

The SADC Model Law on Data Protection of Children’s Personal Information in SADC Countries

Authors: Komborerai Allan Manenji

ISSN: 1996-2193
Affiliations: LLB LLM (International Law), Acting Advocacy and Compliance Manager, Postal and Telecommunications Regulatory Authority of Zimbabwe
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 326-349
https://doi.org/10.47348/SLR/2025/i2a10

Abstract

This contribution provides an overview of the legal framework governing the processing of children’s personal information in Southern African Development Community (“SADC”) countries, with a focus on the SADC Model Law on Data Protection. With the proliferation of digital technologies and online platforms, children are increasingly engaged in the digital space, raising concerns about the protection of their personal data. The legal landscape in the SADC region is evolving, driven by international norms and regional initiatives. This contribution examines the key principles and provisions of the Model Law relevant to safeguarding children’s personal information and further explores national legislation to assess its alignment with the Model Law. It highlights definitions of personal and sensitive data concerning children, the rights of child data subjects, and the obligations of data controllers, such as obtaining parental consent, implementing security measures, and adopting age-appropriate data practices.
The discussion includes the role of supervisory authorities in enforcing compliance and promoting accountability. Challenges such as weak enforcement mechanisms and cross-border data transfers are examined, emphasising the need for harmonised data protection laws across the region. This contribution highlights the significance of a robust legal framework and the role of the SADC Model Law on Data Protection in safeguarding children’s personal information in the digital age. By adhering to principles of data minimisation, purpose limitation and accountability, SADC countries can foster a safe and conducive environment for children to engage in online activities while respecting their privacy rights and best interests.

Trapped in a State of Oblivion: A Quest for Durable Legal Status for Unaccompanied Children in South Africa

by | May 11, 2026 | SLR, SLR V36 I2

Trapped in a State of Oblivion: A Quest for Durable Legal Status for Unaccompanied Children in South Africa

Authors: BJ Machaka & A Moyo

ISSN: 1996-2193
Affiliations: LLB LLM LLD, Postdoctoral Fellow, Stellenbosch University; LLB LLM PhD, Senior Lecturer, Stellenbosch University
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 350-372
https://doi.org/10.47348/SLR/2025/i2a11

Abstract

Unaccompanied children seeking international protection face significant legal challenges, often trapped in a state of uncertainty due to their precarious legal status. This uncertainty stems from time-limited permits, prolonged delays in adjudication and insufficient legal and policy frameworks. The lack of secure legal status frequently impedes their access to essential services, such as education, healthcare and gainful employment, as they transition into adulthood. It also leaves them vulnerable to exploitation, abuse, neglect and statelessness. In South Africa, unaccompanied minors often find themselves caught between national security concerns and the protection of children’s rights, as the state attempts to balance safeguarding its citizens and resources while ensuring the protection of vulnerable foreign children. This contribution argues that legislative and administrative gaps, compounded by a rigid migration control discourse, trap unaccompanied minors in a legal limbo, preventing them from accessing the protection they require. Through the lens of South Africa’s constitutional commitment to children’s rights under section 28 of the Constitution, the contribution advocates a child-rights-based approach, urging the adoption of expedited, child-sensitive procedures and the creation of secure pathways to a durable legal status for unaccompanied children living in the country.

Evaluating Medico-Legal Jurisprudence of Félicien Kabuga’s Unfitness to Stand Trial for the Rwandan Genocide: A Socio-Historical Context

by | Apr 26, 2026 | AYIH, AYIH 2024

ARTICLE

Evaluating Medico-Legal Jurisprudence of Félicien Kabuga’s Unfitness to Stand Trial for the Rwandan Genocide: A Socio-Historical Context

Author: Charles A Khamala

ISSN: 2521-2621
Affiliations: Dean & Senior Lecturer, Faculty of Law, The Catholic University of Eastern Africa; Advocate of the High Court of Kenya
Source: African Yearbook on International Humanitarian Law, 2024, p. 1 – 42
https://doi.org/10.47348/AYIH/2024/a1

Abstract

For turning fugitive from international criminal justice for over two decades, Félicien Kabuga’s tainted reputation as ‘the financier of the Rwandan genocide’ lingers in popular discourse and public memory. This paper analyses the International Criminal Tribunal for Rwanda’s (ICTR) failure in bringing him to justice by not holding him responsible for atrocity crimes. In 2023, the United Nations Residual Mechanism for Criminal Tribunals terminated Kabuga’s case. Paradoxically, not only was he denied an opportunity to clear his name, but also the victims remained frustrated. This paper places the case in a historical context through the ‘machete thesis’, which alleges that Kabuga’s company imported half a million machetes through Kenya for use in the planned genocide. Curiously, after two decades, the prosecution dropped that thesis in favour of direct eyewitness testimony alleging that he trained the Interahamwe militia inside his compound. However, midway through the trial, Kabuga suffered dementia. Hence, this paper explores the politics of recognition and Judge El-Baaj’s insistence on the ‘support-based approach’ that emerges from the Convention on the Rights of Persons with Disabilities. The paper’s methodology involves interpreting conflicting judicial decisions in Kabuga’s case to understand how medico-legal jurisprudence determined his unfitness to stand trial. Finally, an examination is made of alternative trial procedures and possible substantive corporate responsibility. Societal consequences are reminiscent of the National Military Tribunal’s infamous acquittal of Alfried Krupp following World War II, despite his financing of Hitler’s Nazi Party. Arguably, the IRMCT’s legacy constitutes two failings. First, it violated Kabuga’s fundamental rights. Second, it contributed to ‘soft-core genocide denial’, resulting from inflicting further suffering on the Tutsi and moderate Hutu victims. They were not only denied symbolic justice, but also received no compensation from Kabuga’s frozen assets.

Sovereignty and Human Rights in Africa: Analysing Tanzania’s withdrawal from The African Court on Human and Peoples’ Rights

by | Apr 26, 2026 | AYIH, AYIH 2024

ARTICLE

Sovereignty and Human Rights in Africa: Analysing Tanzania’s withdrawal from The African Court on Human and Peoples’ Rights

Authors: Tasco R Luambano and Benedict A Minde

ISSN: 2521-2621
Affiliations: PhD in Human Rights and EAC Law, LLM in Human Rights and Constitutional Law (UDSM) and LLB (Mzumbe University). He is a senior lecturer at Mzumbe University, Mbeya Campus College, and a practising advocate in Tanzania Mainland. ORC-ID: 0000-0003-2619-8767; LLB (Sebastian Kolowa Memorial University). He is a tutorial assistant at Moshi Co-operative University, Moshi-Tanzania. ORC-ID: 0009-0001-0909-3712
Source: African Yearbook on International Humanitarian Law, 2024, p. 43 – 60
https://doi.org/10.47348/AYIH/2024/a2

Abstract

As regional human rights courts have become increasingly crucial in promoting and protecting human rights, a troubling trend has emerged: states withdrawing from these courts under the name of state sovereignty. Such a phenomenon threatens to undermine the very fabric of regional human rights protection, leaving vulnerable individuals without a remedial mechanism to address violations of their fundamental rights. This paper undertakes a critical examination of the complex context surrounding Tanzania’s withdrawal from the African Court on Human and Peoples’ Rights, addressing its legality and potential legal repercussions. This paper does so by comparing the European and Inter-American human rights systems. This article aims to shed light on the darker side of state sovereignty and its impact on the protection of human rights. Through this in-depth analysis, this paper aims to uncover the root causes of state withdrawal from regional human rights courts and provide actionable recommendations for promoting and protecting human rights at the regional level.

Buying its Way out of History? The Shortcomings of the 2021 German-Namibian ‘Joint Declaration’

by | Apr 26, 2026 | AYIH, AYIH 2024

ARTICLE

Buying its Way out of History? The Shortcomings of the 2021 German-Namibian ‘Joint Declaration’

Author: Mia Swart

ISSN: 2521-2621
Affiliations: BA LLB LLM PhD. Visiting Associate Professor University of the Witwatersrand & Visiting Associate Professor, Kuwait International Law University
Source: African Yearbook on International Humanitarian Law, 2024, p. 61 – 94
https://doi.org/10.47348/AYIH/2024/a3

Abstract

The question of reparations to the descendants of the victims of the Herero genocide remains unresolved. This article analyses the 2021 agreement (‘Joint Declaration’) between Germany and Namibia, and highlights its shortcomings. This article divides the critique of the Joint Declaration into the following parts: the timing of the agreement; the exclusionary nature of the negotiations process; the staggered nature of the payments; the government’s refusal to call the payment reparations, calling it instead ‘development aid’; the paternalistic tone of the agreement, as well as the fact that the agreement was made as ‘full and final settlement’. These points of critique reflect the Herero’s main concerns with the agreement. It argues that the major defects in the Joint Declaration were not addressed sufficiently in the renegotiated agreement of 2024. The article further considers the ongoing political and legal fallout of the Joint Declaration, the litigation arising from it, and the reactions of the affected groups to the Declaration.