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 narrative of vulnerability and deprivation in protection regimes for the internally displaced persons (IDPs) in Africa: an appraisal of the Kampala Convention
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128448 , vital:36110 , https://heinonline.org/HOL/Page?handle=hein.journals/laacydev16amp;div=14amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: Prior to the 1990s, the phenomenon of internal displacement did not attract much attention from the international community. Most states, suspicious of the external interests in what they considered to be a purely internal matter were not keen to expose difficulties or suffering of their displaced citizens. And insistence on protection of the internally displaced by international organisations was seen as an affront to sovereignty.
- Full Text: false
- Date Issued: 2012
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128448 , vital:36110 , https://heinonline.org/HOL/Page?handle=hein.journals/laacydev16amp;div=14amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: Prior to the 1990s, the phenomenon of internal displacement did not attract much attention from the international community. Most states, suspicious of the external interests in what they considered to be a purely internal matter were not keen to expose difficulties or suffering of their displaced citizens. And insistence on protection of the internally displaced by international organisations was seen as an affront to sovereignty.
- Full Text: false
- Date Issued: 2012
The principle of complementarity and hybrid courts: the case of the Special Criminal Court for the Central African Republic
- Juma, Laurence, Chigowe, Lloyd
- Authors: Juma, Laurence , Chigowe, Lloyd
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/125219 , vital:35747 , https://hdl.handle.net/10520/EJC-110b0e557f
- Description: This paper seeks to locate the place of hybrid courts in the Rome Statute’s complementarity model using the Central African Republic’s Special Courts as a case study. The introduction of the Special Courts when the International Criminal Court has already intervened in Central African Republic has raised some concern regarding the Special Courts relationship with the International Criminal Court, especially whether it may defeat the complementarity regime established under article 17 of the Rome Statute. This paper seeks to dispel this concern. It argues that the creation of the Special Criminal Court should never be perceived as an indictment to the Rome Statute principle of complementarity, but instead a useful attempt to close the impunity gap that has arisen as a result of the collapse or dysfunctionality of national criminal justice system.
- Full Text: false
- Date Issued: 2018
- Authors: Juma, Laurence , Chigowe, Lloyd
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/125219 , vital:35747 , https://hdl.handle.net/10520/EJC-110b0e557f
- Description: This paper seeks to locate the place of hybrid courts in the Rome Statute’s complementarity model using the Central African Republic’s Special Courts as a case study. The introduction of the Special Courts when the International Criminal Court has already intervened in Central African Republic has raised some concern regarding the Special Courts relationship with the International Criminal Court, especially whether it may defeat the complementarity regime established under article 17 of the Rome Statute. This paper seeks to dispel this concern. It argues that the creation of the Special Criminal Court should never be perceived as an indictment to the Rome Statute principle of complementarity, but instead a useful attempt to close the impunity gap that has arisen as a result of the collapse or dysfunctionality of national criminal justice system.
- Full Text: false
- Date Issued: 2018
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
The South African Defence Review (2012) and private military/security companies (PMSCs): heralding a shift from prohibition to regulation?
- Juma, Laurence, Tsabora, James
- Authors: Juma, Laurence , Tsabora, James
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/126132 , vital:35852 , https://doi.org/10.17159/1727-3781/2013/v16i4a2415
- Description: This article discusses the possibility of South Africa enacting a new law regulating private military/security companies (PMSCs) beyond the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act of 2006. It argues that such a possibility arises from the policy direction expressed in the Defence Review of 2012, and the recent developments at the international level, which indicate a shift towards accommodation of PMSCs as legitimate players in the security sector. The article surveys the current state of national and international law relating to PMSCs and illustrates how the emerging shift from prohibition to regulation has affirmed the need for legislative intervention in this field. It concludes that since the future is on the side of regulation and not prohibition, legislation that furthers the policy agenda envisioned by the Defence Review 2012 may be the best tool to unlock the inhibitions of the past and create a viable climate for reframing the debate on domestic law governing private militarism in South Africa.
- Full Text:
- Date Issued: 2013
- Authors: Juma, Laurence , Tsabora, James
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/126132 , vital:35852 , https://doi.org/10.17159/1727-3781/2013/v16i4a2415
- Description: This article discusses the possibility of South Africa enacting a new law regulating private military/security companies (PMSCs) beyond the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act of 2006. It argues that such a possibility arises from the policy direction expressed in the Defence Review of 2012, and the recent developments at the international level, which indicate a shift towards accommodation of PMSCs as legitimate players in the security sector. The article surveys the current state of national and international law relating to PMSCs and illustrates how the emerging shift from prohibition to regulation has affirmed the need for legislative intervention in this field. It concludes that since the future is on the side of regulation and not prohibition, legislation that furthers the policy agenda envisioned by the Defence Review 2012 may be the best tool to unlock the inhibitions of the past and create a viable climate for reframing the debate on domestic law governing private militarism in South Africa.
- Full Text:
- Date Issued: 2013
Unclogging the wheels: how the shift from politics to law affects Africa's relationship with the international system
- Authors: Juma, Laurence
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127123 , vital:35958 , https://heinonline.org/HOL/Page?handle=hein.journals/tlcp23amp;div=17amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: Gone are the days when scholars debated whether international law was really law and whether the adjudicatory organs of the international system could effectuate the demands of the international rule of law. 1 This old time debate has, in recent times, given way to temperate and yet decisive acknowledgement of the legal authority of institutions resident within the international system.
- Full Text: false
- Date Issued: 2014
- Authors: Juma, Laurence
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127123 , vital:35958 , https://heinonline.org/HOL/Page?handle=hein.journals/tlcp23amp;div=17amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: Gone are the days when scholars debated whether international law was really law and whether the adjudicatory organs of the international system could effectuate the demands of the international rule of law. 1 This old time debate has, in recent times, given way to temperate and yet decisive acknowledgement of the legal authority of institutions resident within the international system.
- Full Text: false
- Date Issued: 2014
Waiver of the right to judicial impartiality: comparative analysis of South African and Commonwealth jurisprudence
- Okpaluba, Chuks, Juma, Laurence
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127138 , vital:35960 , https://0-hdl.handle.net.wam.seals.ac.za/10520/EJC153154
- Description: This paper investigates whether judicial independence and impartiality entrenched in written constitutions and recognised by the common law as fundamental requirements of fair administration of justice can be subjected to the private law principles of waiver, estoppel or acquiescence. In an attempt to answer this question, the paper suggests that the starting point should be the interrogation of whether the right alleged to be waived emanates from the constitution or administrative law. At common law, a right can be waived, insofar as the party involved had knowledge of the right and failed to assert it.
- Full Text: false
- Date Issued: 2013
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127138 , vital:35960 , https://0-hdl.handle.net.wam.seals.ac.za/10520/EJC153154
- Description: This paper investigates whether judicial independence and impartiality entrenched in written constitutions and recognised by the common law as fundamental requirements of fair administration of justice can be subjected to the private law principles of waiver, estoppel or acquiescence. In an attempt to answer this question, the paper suggests that the starting point should be the interrogation of whether the right alleged to be waived emanates from the constitution or administrative law. At common law, a right can be waived, insofar as the party involved had knowledge of the right and failed to assert it.
- Full Text: false
- Date Issued: 2013