Privatisation, human rights and security: reflections on the draft international convention on regulation, oversight and monitoring of private military and security companies
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128800 , vital:36160 , http://dx.doi.org/10.4314/ldd.v15i1.3
- Description: Efforts to establish regulatory frameworks for private military/security companies (PMSCs), driven by public security concerns as well as private interests of the companies themselves, have yielded a number of soft law instruments. Unfortunately, most of these instruments are conditioned by the underlying interests of their promulgators and have therefore failed to establish universally acceptable regulatory standards.
- Full Text:
- Date Issued: 2011
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128800 , vital:36160 , http://dx.doi.org/10.4314/ldd.v15i1.3
- Description: Efforts to establish regulatory frameworks for private military/security companies (PMSCs), driven by public security concerns as well as private interests of the companies themselves, have yielded a number of soft law instruments. Unfortunately, most of these instruments are conditioned by the underlying interests of their promulgators and have therefore failed to establish universally acceptable regulatory standards.
- Full Text:
- Date Issued: 2011
Putting old wine in new skins: the customary code of Lerotholi and justice administration in Lesotho
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , book chapter
- Identifier: http://hdl.handle.net/10962/128780 , vital:36156 , https://doi.org/10.1017/CBO9780511844294.007
- Description: Although the interaction between the western colonizers and the African indigenous populations in the early eighteenth and nineteenth centuries produced responses that were mostly inimical to the development of African customary law, the thrust of the onslaught against its principles was somewhat diminished by political considerations. Undoubtedly, the significance that African customary law acquired during this period was a measure of the purpose that the colonial project found in it.
- Full Text: false
- Date Issued: 2011
Putting old wine in new skins: the customary code of Lerotholi and justice administration in Lesotho
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , book chapter
- Identifier: http://hdl.handle.net/10962/128780 , vital:36156 , https://doi.org/10.1017/CBO9780511844294.007
- Description: Although the interaction between the western colonizers and the African indigenous populations in the early eighteenth and nineteenth centuries produced responses that were mostly inimical to the development of African customary law, the thrust of the onslaught against its principles was somewhat diminished by political considerations. Undoubtedly, the significance that African customary law acquired during this period was a measure of the purpose that the colonial project found in it.
- Full Text: false
- Date Issued: 2011
The dialogue between the bench and the bar: implications for adjudicative impartiality
- Okpaluba, Chuks, Juma, Laurence
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129078 , vital:36215 , https://hdl.handle.net/10520/EJC53998
- Description: What is the role of the judge in the conduct of a trial? Can he or she engage counsel in legal argument and ask questions on legal issues without breaking the brittle bond of justice or be said to have 'descended into the arena'? Assuming that these actions are permissible, at what point will the judge's dialogue with counsel or line of questioning go beyond permissible limits? These are the questions with which this article grapples. Based on an analysis of the Constitutional Court decisions in State v Basson (2) 2007 (1) SACR 566 (CC) and Bernert v ABSA Bank Ltd 2011 (3) SA 92 (CC), and several Supreme Court of Appeal and other Commonwealth decisions, the article explores the circumstances in which the recusal of judges has been sought, or judicial decisions have been challenged on appeal on the basis of an allegation that there have been violations of the principle of fair hearing as enshrined in the Constitution. The article draws on the 'apprehension of bias' jurisprudence to establish the utility of the presumption of impartiality and the hybrid test of double-reasonableness in contexts where a judge's conduct is in question. The article concludes that the dialogue between the bench and bar is a useful component of adjudication in our adversarial system and should be limited by the rules of impartiality only in very exceptional circumstances.
- Full Text: false
- Date Issued: 2011
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129078 , vital:36215 , https://hdl.handle.net/10520/EJC53998
- Description: What is the role of the judge in the conduct of a trial? Can he or she engage counsel in legal argument and ask questions on legal issues without breaking the brittle bond of justice or be said to have 'descended into the arena'? Assuming that these actions are permissible, at what point will the judge's dialogue with counsel or line of questioning go beyond permissible limits? These are the questions with which this article grapples. Based on an analysis of the Constitutional Court decisions in State v Basson (2) 2007 (1) SACR 566 (CC) and Bernert v ABSA Bank Ltd 2011 (3) SA 92 (CC), and several Supreme Court of Appeal and other Commonwealth decisions, the article explores the circumstances in which the recusal of judges has been sought, or judicial decisions have been challenged on appeal on the basis of an allegation that there have been violations of the principle of fair hearing as enshrined in the Constitution. The article draws on the 'apprehension of bias' jurisprudence to establish the utility of the presumption of impartiality and the hybrid test of double-reasonableness in contexts where a judge's conduct is in question. The article concludes that the dialogue between the bench and bar is a useful component of adjudication in our adversarial system and should be limited by the rules of impartiality only in very exceptional circumstances.
- Full Text: false
- Date Issued: 2011
The laws of Lerotholi: role and status of codified rules of custom in the kingdom of Lesotho
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128810 , vital:36162 , https://heinonline.org/HOL/P?h=hein.journals/pacinlwr23ampi=94
- Description: The status of customary law in African societies is diminished by factors, most of which are generated by the machinery of the modern state. But its mantle, kept alive by neo-traditional scholarship and a commitment to multiculturalism in the post-independence era, has nevertheless sustained an active discussion on its relevance to the future of law and the general administration of justice in African states.2
- Full Text:
- Date Issued: 2011
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128810 , vital:36162 , https://heinonline.org/HOL/P?h=hein.journals/pacinlwr23ampi=94
- Description: The status of customary law in African societies is diminished by factors, most of which are generated by the machinery of the modern state. But its mantle, kept alive by neo-traditional scholarship and a commitment to multiculturalism in the post-independence era, has nevertheless sustained an active discussion on its relevance to the future of law and the general administration of justice in African states.2
- Full Text:
- Date Issued: 2011
The problems of proving actual or apparent bias: an analysis of contemporary developments in South Africa
- Okpaluba, Chuks, Juma, Laurence
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127498 , vital:36017 , https://doi.org/10.17159/1727-3781/2011/v14i7a2616
- Description: This article takes a critical look at the divergent approaches of courts in constructing the meaning of actual and apparent bias in adjudicative contexts. It argues that while proving actual bias on the part of an adjudicator may not always be easy and parties often revert to apprehended bias, an allegation of bias in any adjudication process is a matter that courts take very seriously. This notwithstanding, the courts have failed to consistently demarcate the necessary elements and threshold of proof that complainants must overcome to secure a successful challenge of decisions based on adjudicative impartiality. Upon critical evaluation of the decisions on the subject so far rendered, this article suggests that the pattern which has seemingly emerged is that which weighs the allegations of bias against the presumption of impartiality and the requirements of the double reasonableness test.
- Full Text:
- Date Issued: 2011
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127498 , vital:36017 , https://doi.org/10.17159/1727-3781/2011/v14i7a2616
- Description: This article takes a critical look at the divergent approaches of courts in constructing the meaning of actual and apparent bias in adjudicative contexts. It argues that while proving actual bias on the part of an adjudicator may not always be easy and parties often revert to apprehended bias, an allegation of bias in any adjudication process is a matter that courts take very seriously. This notwithstanding, the courts have failed to consistently demarcate the necessary elements and threshold of proof that complainants must overcome to secure a successful challenge of decisions based on adjudicative impartiality. Upon critical evaluation of the decisions on the subject so far rendered, this article suggests that the pattern which has seemingly emerged is that which weighs the allegations of bias against the presumption of impartiality and the requirements of the double reasonableness test.
- Full Text:
- Date Issued: 2011
Kileleshwa: A tale of love, betrayal and corruption in Kenya
- Authors: Juma, Laurence
- Date: 2010
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/129196 , vital:36243 , ISBN 9789956616350 , http://www.africanbookscollective.com/books/kileleshwa-a-tale-of-love-betrayal-and-corruption-in-kenya
- Description: When Sembe discovers that Amu, her husband of fifteen years, is having an affair with another woman, she moves out of the matrimonial home, but is persuaded to return by relatives and friends. However, a few months later, when Amu comes home to reveal that his mistress is pregnant with his child, everything crumbles. Kileleshwa is a tale of love, betrayal and corruption, set on a background of ethnic incongruity, political uncertainty and very difficult economic times.
- Full Text: false
- Date Issued: 2010
- Authors: Juma, Laurence
- Date: 2010
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/129196 , vital:36243 , ISBN 9789956616350 , http://www.africanbookscollective.com/books/kileleshwa-a-tale-of-love-betrayal-and-corruption-in-kenya
- Description: When Sembe discovers that Amu, her husband of fifteen years, is having an affair with another woman, she moves out of the matrimonial home, but is persuaded to return by relatives and friends. However, a few months later, when Amu comes home to reveal that his mistress is pregnant with his child, everything crumbles. Kileleshwa is a tale of love, betrayal and corruption, set on a background of ethnic incongruity, political uncertainty and very difficult economic times.
- Full Text: false
- Date Issued: 2010
Peacekeeping in Africa: problems and prospects
- Authors: Juma, Laurence
- Date: 2009
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129113 , vital:36219 , https://heinonline.org/HOL/P?h=hein.journals/unbotslj9amp;i=3
- Description: Against the background of an expanded need for peacekeeping, the complexity that its programmes entail, and the belief that it will endure for a long time to come, this article discusses the propriety of international peacekeeping operations, its inherent features and weaknesses in creating or preserving peace, and the role that regional organisations play, or should play, in its enhancement.
- Full Text: false
- Date Issued: 2009
- Authors: Juma, Laurence
- Date: 2009
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129113 , vital:36219 , https://heinonline.org/HOL/P?h=hein.journals/unbotslj9amp;i=3
- Description: Against the background of an expanded need for peacekeeping, the complexity that its programmes entail, and the belief that it will endure for a long time to come, this article discusses the propriety of international peacekeeping operations, its inherent features and weaknesses in creating or preserving peace, and the role that regional organisations play, or should play, in its enhancement.
- Full Text: false
- Date Issued: 2009