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Reconciling Living Customary Law and Democratic Decentralisation to Ensure Women's Land Rights Security

"The recent Constitutional Court judgment rendering the Communal Land Rights Act (CLARA) unconstitutional must not be allowed to throw decentralisation policy making into disarray. Decentralisation holds much potential for lively, participatory demo…

Rhodesia's Constitutional Problems

This paper puts into words what the author thinks the results of a possible future constitutional settlement might look like, so that those who are engaged in attempting to reach that settlement can look at the possible results of that settlement in…

Overview Report of the Research Project by the International Labour Organization and the African Commission on Human and Peoples’ Rights on the Constitutional and Legislative Protection of the Rights of Indigenous Peoples in 24 African Countries

"This report provides the results of a research project by the International Labour Organization (ILO) and the African Commission’s Working Group on Indigenous Communities/Populations in Africa (African Commission Working Group), with the Centre…

Enduring Political Divides in South Africa

This paper offers an assessment of the foreign policy strategies adopted by both the Mandela and Mbeki administrations in their quest to shed the country’s image as a former defender of racial segregation, largely dislocated from the global economic…

Zimbabwe's Election: The Stakes for Southern Africa

Since the intensification of Zimbabwe's political, economic and humanitarian crisis following defeat of a government-sponsored constitution in a national referendum nearly two years ago, the International Crisis Group (ICG) has documented the escala…

Zimbabwe: Prospects from a Flawed Election

Excerpt: "The regional mediation offering the most realistic chance to resolve Zimbabwe’s eight-year crisis has failed. South African President Thabo Mbeki’s stated objective in talks between the ruling ZANU-PF party and the opposition Movement for …

Failing Young Offenders Juvenile Justice in Sierra Leone, Tanzania and Zambia

"The legal systems of the former British colonies derived from British law and in most cases were simple copies of the criminal justice system of the colonial power. Children in conflict with the law often fail to have their rights guaranteed and ar…

Constitutionalism and the Juridical Governance Implications of a Continental Order

"In this paper attention has been focused on the broader concept of constitutionalism, rather than the narrow idea of “a constitution”, in examining the constitutional implications of a continental order. This is primarily because constitutionalism…

African Journal on Conflict Resolution vol. 4, no. 2, 2004

This journal has seven articles on various aspects of elections in Africa. 'Electoral Systems, Constitutionalism and Conflict Management in Southern Africa' attempts to broaden both the theoretical and factual terrain of this interesting epistemolog…

The Protected Public Interest Disclosure Bill, 2001

"The purpose of this Bill is to provide for the manner in which individuals may in the public interest disclose information that relates to unlawful, corrupt or other illegal conduct or practices of others in the society and to ensure that the perso…

Decriminalising same sex conduct in Africa – Part I

Much is made of the framing of constitutions, their intents, and ambitions. Equally as important is how they are brought to life. It is for this reason that courts throughout Africa are becoming a place of intrigue, as countries test their new democ…

Decriminalising same sex conduct in Africa – Part II

Read Part I here.

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