Disclosures of Acquisitions and Disposals as Shareholder Protection Measures in South Africa: An Appraisal of the Disclosure Provisions Against the Regulation in the United States of America, the United Kingdom, and Zimbabwe

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

Disclosures of Acquisitions and Disposals as Shareholder Protection Measures in South Africa: An Appraisal of the Disclosure Provisions Against the Regulation in the United States of America, the United Kingdom, and Zimbabwe

Author: Justice Mudzamiri

ISSN: 2521-2605
Affiliations: LLB (Fort Hare), LLM (University of Johannesburg), LLD (Fort Hare). Attorney of the High
Court of South Africa. Senior Lecturer in the Department of Mercantile and Labour Law, Faculty of Law, University of the Western Cape
Source: Journal of Comparative Law in Africa, Volume 13 Issue 1, p. 1-23
https://doi.org/10.47348/JCLA/v13/i1a1

Abstract

This article accepts that shareholders must have the right to access information on any ‘substantial’ acquisition or disposal of beneficial interests in issued securities of a class in a ‘regulated company’ that reaches or exceeds statutorily prescribed thresholds in varied jurisdictions. The study compares the regulation of disclosure of securities acquisitions and disposals in South Africa with that of the United Kingdom (UK), the United States of America (US), and Zimbabwe. Of the four jurisdictions, from a shareholder perspective, the US has more organised and stratified takeover regulation with the potential to identify acquirers and learn about their intentions as early as possible if their acquisitions meet statutorily prescribed thresholds. The US takeover regulation enables the target directors and shareholders to start negotiations with the acquirer(s) who intend to take over the company in the future, by circumventing and mitigating tactics by the acquirers to gain creeping control to ‘divide and conquer’ the target shareholders. The South African and UK takeover regulations protect shareholders’ interests by ensuring that persons who dispose of and/or acquire securities reaching the prescribed threshold notify the requisite stakeholders. To further strengthen their takeover regulations, both South Africa and the UK can import lessons from the US, as proposed in this article. This article submits that the Zimbabwean takeover regulation on disclosures of securities disposals and purchases is inappropriate and inadequate from the perspective of shareholders’ interests; hence, a proposal for its overhaul through repeal and replacement with functional statutory provisions is suggested.

Rethinking Nolle Prosequi in Ghana: Transparency, Judicial Review, and Lessons From Comparative Jurisprudence

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

Rethinking Nolle Prosequi in Ghana: Transparency, Judicial Review, and Lessons From Comparative Jurisprudence

Author: Francis Ontoyin

ISSN: 2521-2605
Affiliations: BA, LLB (Ghana), LLM (Canada), Barrister and Solicitor (Ontario, Canada) and Ghana.
Lecturer, School of Law, University of Ghana (Ghana). Partner, Merton & Everett LLP (Ghana)
Source: Journal of Comparative Law in Africa, Volume 13 Issue 1, p. 24-57
https://doi.org/10.47348/JCLA/v13/i1a2

Abstract

In February 2025, the Attorney-General of Ghana announced reasons for discontinuing high-profile cases involving former Government officials and businesspeople. Article 88 of the Constitution of Ghana, 1992, gives the Attorney-General the power to conduct prosecutions on behalf of the State, including the discretion to enter nolle prosequi. In Afoko v Attorney-General [2019] DLSC 6356, the Supreme Court of Ghana affirmed the exercise of this discretion as an executive act, not subject to article 296(c), which requires non-judicial officers to publish regulations governing their discretion. This article argues that the Supreme Court missed an opportunity to address a fundamental constitutional question: whether the exercise of the power of nolle prosequi is subject to judicial review under article 296(a) and (b), which mandate fairness, candour, and nonarbitrariness in discretionary acts. By confining its analysis to article 296(c), the Court did not evaluate the Attorney-General’s prosecutorial discretion against the broader constitutional and administrative law standards required by articles 23 and 296(a) and (b). The article further contends that decisions to enter nolle prosequi are, in principle, reviewable in all cases, and that, where the Attorney-General gives reasons, courts should assess the reasonableness of those reasons against constitutional and administrative standards. Drawing on common law jurisdictions, this article outlines the conditions for reviewing prosecutorial discretion and proposes a structured standard of review inspired by the Canadian reasonableness doctrine, as articulated in Canada (Minister of Citizenship and Immigration) v Vavilov [2019] SCC 65.

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.