Quel régime pour l’imprévision en droit Mauricien des contrats ? Les leçons à tirer de la réforme du droit Français des obligations en 2016

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Quel régime pour l’imprévision en droit Mauricien des contrats ? Les leçons à tirer de la réforme du droit Français des obligations en 2016

Author: Goran Georgijevic

ISSN: 2521-2605
Affiliations: Senior Lecturer (Civil Law), Law Department, Faculty of Law and Management, University of Mauritius
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 199–219
https://doi.org/10.47348/JCLA/v12/i2a7

Abstract

The general rule on unforeseeability, incorporated into Article 1195 of the French Civil Code, is relatively new, dating back only to 2016. The doctrinal and jurisprudential position in France concerning the theoretical justification of this institution, its imperativeness, the conditions for taking unforeseeability into account, and the reaction of the law to it can be a rich source of learning for the Mauritian legislator when the time comes to regulate contractual unforeseeability in the Mauritian Civil Code.

La protection juridique des personnes handicapées en matière de droit du travail au Cameroun : entre inclusion et exclusion

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

La protection juridique des personnes handicapées en matière de droit du travail au Cameroun : entre inclusion et exclusion

Author: Hako Mbouendeu Marie Solange

ISSN: 2521-2605
Affiliations: Enseignante au département de droit privé fondamental de la faculté des sciences juridiques et politiques de l’Université de Douala-Cameroun
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 220–245
https://doi.org/10.47348/JCLA/v12/i2a8

Abstract

People with disabilities, like all human beings, have the right to dignity and to enjoy a full life, including the right to work. Their legal protection in terms of labour law in Cameroon lies somewhere between inclusion and exclusion. The Cameroonian legislature has adopted a policy of positive discrimination in favour of persons with disabilities, consisting of preferential measures in terms of recruitment and job retention. The intended effect is to restore the balance between able-bodied and disabled workers, most of whom have had a difficult educational background. However, in Cameroon, as in several sub-Saharan African countries, the government’s objectives of economic emergence and the creation of a more just and inclusive society are struggling to materialise; the experiences of persons with disabilities, affected by challenges and vulnerabilities, illustrate this. The reality regarding the protection of persons with disabilities in labour law is sad. Beyond the texts, which enshrine the commendable efforts of Cameroonian legislators, the implementation of this policy is limited, if not non-existent in practice. In short, the inclusive professional integration of persons with disabilities seems to have a long way to go.

Opinion: rethinking PFPAD: reflections from the third general session, for the African diaspora

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Opinion: rethinking PFPAD: reflections from the third general session, for the African diaspora

Author: Chinaza K. Asiegbu

ISSN: 2521-2605
Affiliations: J.D. 2025, Harvard Law School; Graduate Associate, Centre for History and Economics, Harvard University; Fellow, Human Rights Program, Harvard Law School
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 246–272
https://doi.org/10.47348/JCLA/v12/i2a9

Abstract

Emerging from a legacy of United Nations interventions on racism dating back to 1950, the Permanent Forum for People of African Descent (PFPAD) is a freshly minted mechanism, established in 2021. Despite its promise, and perhaps because of its novelty, PFPAD risks undermining the well-founded hopes invested in it: namely, due to a lack of a clear mission. Drawing on participant observation at the Third General Session, this article presents a critical legal and institutional analysis, arguing that the Forum remains caught in a cycle of performative politics, elite disconnection, and institutional inertia – epitomised by the ratification of a Second International Decade for People of African Descent. The analysis further identifies a diaspora gap, analysing the counter-productive dissociation between African and African-descendant identities which sidelines the continent and fractures pan-African solidarity. To realise its potential, the article contends, PFPAD must pivot from symbolism to substance by prioritising a single, concrete legal objective: the completion of the Declaration on the Human Rights of People of African Descent. This process is currently hampered by a procedural disconnect between the drafting Intergovernmental Working Group and the Forum’s public general sessions. Finally, the article advances a three-part blueprint for the PFPAD to build public value: 1) reconceptualising reparations as sustainable capacity-building rather than a onetime payout; 2) grounding PFPAD’s work in local action, including relocating its sessions to Africa and the Caribbean; and 3) leveraging comparative regional legal models, from CARICOM to the AfCFTA, to create a self-reliant, legally fortified, and truly unified global African diaspora.

Directors’ duty to exercise independent judgement – English experiences and proposals for South Africa

by | Nov 8, 2025 | JCLA, JCLA V12 SE

Directors’ duty to exercise independent judgement – English experiences and proposals for South Africa

Author: Brighton M Mupangavanhu

ISSN: 2521-2605
Affiliations: LLB (UFH), LLM (UKZN), PhD Commercial Law (UCT). Former Programme Coordinator: LLM in Corporate Law programme and Associate Professor of Corporate and Finance Law, Faculty of Law, University of the Western Cape. Now Associate Professor of Commercial Law, Faculty of Law, University of Cape Town.
Source: Journal of Comparative Law in Africa, Volume 12 Special Edition, p. 1-33
https://doi.org/10.47348/JCLA/v12/2025-SEa1

Abstract

Directors owe many duties to the company. To discharge these obligations effectively and to contribute to making quality decisions, the law requires directors to exercise independent judgement and unfettered discretion, especially in the collective functioning of the board and during decision-making processes. Situations such as outside board influences (in the case of nominee directors) and the influence of domineering figures are rampant in the collective functioning of the board. The law considers it a breach of duty for a director to allow themselves to be dominated, bamboozled, or manipulated by a dominant fellow director in a manner which disables independent judgement. South Africa recently experienced several corporate crises and collapses in many sectors, blamed on poor decision making caused by domineering persons in decision-making processes. This article considers relevant English law experiences before the Companies Act 2006, the codification of the duty to exercise independent judgement in s 173 of the Companies Act 2006, and the relevant case law principles that have evolved to date. From the analysis of English law, the article draws lessons and makes a solid case for expressing the duty to exercise independent judgement in statute in South Africa.

Advancing corporate governance and financial crime prevention in Africa through AI, FinTech, and ethics

by | Nov 8, 2025 | JCLA, JCLA V12 SE

Advancing corporate governance and financial crime prevention in Africa through AI, FinTech, and ethics

Author: Tanaka Dakacha

ISSN: 2521-2605
Affiliations: BA LLB, PGDip, LLM (Wits), Teaching Assistant, Wits School of Law, University of the Witwatersrand
Source: Journal of Comparative Law in Africa, Volume 12 Special Edition, p. 34–77
https://doi.org/10.47348/JCLA/v12/2025-SEa2

Abstract

Unethical conduct, poor corporate governance, and financial crime pose significant risks to the stability and credibility of financial institutions and markets, particularly in developing economies within African jurisdictions. These challenges undermine efforts to promote financial inclusion, market integrity, and economic growth. To effectively combat these challenges, embracing innovative financial technologies (FinTech) and artificial intelligence (AI) is essential. FinTech and AI enhance financial crime detection and prevention through real-time monitoring, data analytics, and anomaly detection, surpassing traditional methods. However, while AI and FinTech can improve detection, monitoring, and compliance, they fall short in assessing human intent and moral reasoning, which are crucial for prosecuting fraud and maintaining ethical governance. This article critically examines the role of AI and FinTech in enhancing corporate governance and financial crime prevention in African developing economies, while acknowledging their limitations in assessing moral intent and legal culpability. The article further explores the Fifth Industrial Revolution (5IR) discourse, a paradigm that reorients AI innovation toward human-centred, ethically informed governance models. Moreover, it highlights the importance of promoting financial education and integrating ethics into corporate governance frameworks to protect stakeholders’ interests and secure companies’ solvency and profitability. Companies can effectively mitigate financial crime, corruption, and institutional failures by adopting these measures, particularly within African jurisdictions, promoting sustainable, resilient, and trustworthy financial systems. The successful implementation of these frameworks is key, not only to maintaining the viability of financial institutions but to long-term growth and market integrity across the continent.

Legal capital in South African corporate finance law: The intersection of law and accounting

by | Nov 8, 2025 | JCLA, JCLA V12 SE

Legal capital in South African corporate finance law: The intersection of law and accounting

Author: Mojalefa Reginald Mosala

ISSN: 2521-2605
Affiliations: BCom Accounting (UFS), BCom Accounting Honours (UFS), BAcc Honours (UFS), MPhil Accounting (CUT). Senior Lecturer of Financial Accounting, Commerce, Law and Management Faculty
Source: Journal of Comparative Law in Africa, Volume 12 Special Edition, p. 78 – 100
https://doi.org/10.47348/JCLA/v12/2025-SEa3

Abstract

Dividend distribution laws, which encompass the funds a company is legally required to maintain after shareholder distribution to protect creditors and ensure solvency, play a pivotal role in corporate governance and financial sustainability. With recent corporate failures in South Africa, such as Steinhoff and Tongaat Hulett, the adequacy of dividend distribution laws and integration with financial reporting practices has come under increased scrutiny. This has signalled some limitations in the dividend distribution laws in interpreting and applying some of the financial principles to balance and protect the interests of all claimants in a business. Addressing these limitations could contribute to improved conduct of corporate and governance practices. This article examines the concept of dividend distribution laws within South African corporate law, exploring its connection with the Companies Act of South Africa 71 of 2008 and relevant accounting and finance principles. Dividend distribution laws influence South African companies’ financial decision making and risk management. The objective is to evaluate how corporate law requirements and accountancy principles intersect to support entity growth while ensuring sustainable and reputable institutions.