Payment Systems and Mobile Money in Malawi: Towards Financial Inclusion and Financial Integrity

by | Sep 28, 2019 | ANUL, ANUL 2014 I2

Payment Systems and Mobile Money in Malawi: Towards Financial Inclusion and Financial Integrity

Authors Sunduzwayo Madise

ISSN: 2521-2613
Affiliations: Attorney, High Court and Malawi Supreme Court of Appeal; Lecturer, Faculty of Law, University of Malawi
Source: Africa Nazarene University Law Journal, 2014, Issue 2, p. 71 – 96

Abstract

Malawi, like other African countries, has witnessed a recent surge in mobile phone usage. The increase in phone usage has been accompanied by an increase in mobile phone based products. Two such products in Malawi are Khusa M’manja (‘money in the hands’ in the local language) and Mpamba (money in the context of ‘start-up capital’ in the local language). These products, and the services they contain, allow the phone user to use his or her mobile phone as a wallet or purse: he or she can load money into the phone, send and receive money, make deposits and withdrawals, purchase goods and services, and pay bills. Khusa M’manja is provided by Airtel, while Mpamba is provided by Telekom Networks Malawi (TNM). Khusa M’manja and Mpamba may be said to be close relatives of M-Pesa, a financial service that was developed in Kenya by Safaricom. The introduction of M-Pesa has led to an increase in money circulation, roping in those who would otherwise have been left out by the formal financial sector. The mobile money platform has been lauded as an effective means of ensuring financial inclusion of the unbanked, which constitute a large proportion of Africa’s Sub-Saharan population. For many, therefore, the introduction of mobile money services into the national payment system is a welcome development. However, balancing between the competing interests of financial inclusion and financial integrity remains a serious challenge.

Transition to Devolved Government in Kenya

by | Sep 28, 2019 | ANUL, ANUL 2014 I2

Transition to Devolved Government in Kenya

Authors J Mutakha Kangu

ISSN: 2521-2613
Affiliations: Senior Lecturer in Law, Moi University; Advocate of the High Court of Kenya; Former Chairman of the Task Force on Devolved Government; Former Commissioner of the Constitution of Kenya Review Commission; and currently a Doctoral Researcher at the Community Law Centre of the University of the Western Cape, South Africa
Source: Africa Nazarene University Law Journal, 2014, Issue 2, p. 32 – 70

Abstract

This article examines the constitutional provisions relating to the complex process of Kenya’s transition to devolved Government. Interpreted in a purposive manner, these constitutional provisions envisage and disclose the following key issues and areas pertinent to transition to devolved Government, which the article discusses. First is the gradual transition to devolved Government. This section addresses the nature of transitional provisions; the suspension and extension of some of the provisions of the new and former Constitutions, respectively; and the timing, period and phases of transition to devolved Government. Second is transition in the legislative area, which involves the deconstruction of the old legal order through the enactment of enabling new order legislation, and the interpretation of the surviving old order laws in a manner that makes them consistent with the new Constitution and facilitates transition to devolved Government. Third is the establishment of county structures and institutions, including the public service and restructuring of provincial administration. Fourth is transition in the functional area, involving the transfer of functions to the County Governments. Fifth is transition in the resources area, involving financial resources, human resources and capacity building, assets and liabilities, and transfer of Government records. In the course of the examination of these key transition issues and areas, the article also examines the numerous key institutions which the Constitution establishes or envisages as being responsible for managing the transition process and assesses their performance so far.

Judicial Attitudes to Corruption in Nigeria: Passivism, Activism or ‘Pragmactivism’?

by | Sep 28, 2019 | ANUL, ANUL 2014 I2

Judicial Attitudes to Corruption in Nigeria: Passivism, Activism or ‘Pragmactivism’?

Authors Olaolu S Opadere

ISSN: 2521-2613
Affiliations: Lecturer, Department of International Law, Faculty of Law, Obafemi Awolowo University, Nigeria
Source: Africa Nazarene University Law Journal, 2014, Issue 2, p. 1 – 31

Abstract

The bane of corruption is not new to humanity. However, the high incidence of corruption evident today is a relatively recent phenomenon and is something that has given rise to universal concern, particularly where such exploitative practices occur in and affect developing countries. Corruption is not easily defined and of those definitions that do exist, many are nebulous. However, the effect of corruption is always apparent, overwhelming, and sometimes calamitous; its impact felt and perceived in virtually all sectors of the State or society that it infests. The purpose of this article is to consider the Nigerian Judiciary’s attitude towards the scourge of corruption in terms of three conceptual constructs: passivism, activism and ‘pragmactivism’. These constructs are investigated in the context of their usefulness to the situation in Nigeria and, with this in mind; the article is of the view that ‘pragmactivism’ is the approach most likely to further the Judiciary’s aim of curbing corruption. However, the article proposes that the result of any attempt to curtail corruption is ultimately dependent on the Judiciary’s willingness to first engage in a process of self-discovery and revitalisation. The article also takes a cursory look at the doctrine of separation of powers, as constitutionally entrenched; as well as the connotation, causes and effects of corruption.

Litigating Human Rights through a Sub-Regional Trade Judicial Mechanism: The Case of the ECOWAS Court of Justice

by | Sep 27, 2019 | ANUL, ANUL 2014 I1

Litigating Human Rights through a Sub-Regional Trade Judicial Mechanism: The Case of the ECOWAS Court of Justice

Authors Michael Ogwezzy

ISSN: 2521-2613
Affiliations: Lecturer at Lead City University, Nigeria
Source: Africa Nazarene University Law Journal, 2014, Issue 1, p. 139 – 172

Abstract

The history of human rights protection in Africa before the adoption of the African Charter on Human and Peoples’ Rights (also referred to as the African or Banjul Charter) was not a palatable one. The African states have been described by some scholars as egregious human rights violators and the ability to create an effective human rights system was doubted. The regional African human rights system is based on the African Charter, which was adopted in 1981. In June 1998, the now African Union (AU) established the African Court on Human and Peoples’ Rights. The court was intended to complement the mandate of the African Commission on Human and Peoples’ Rights, established in 1987, which was seen as being ineffective. The African Court of Justice, which never functioned under the auspices of the AU, and the African Court on Human and Peoples’ Rights were merged by virtue of the Protocol to the Statute of the African Court of Justice and Human Rights in June 2008 to form a single court, the African Court of Justice and Human Rights (ACJHR). The usefulness of this new court is marred by procedural difficulties as individuals cannot directly institute cases before the court. However, under the Economic Community of West African States (ECOWAS) regional arrangement, it is scintillating to discover that the ECOWAS Community Court of Justice (ECCJ), which is a sub-regional trade judicial organ, appears to take the lead, even ahead of the African continental Human Rights Court, by granting direct access to individuals, which enables them to institute cases before the court. In addition, cases are admitted to the court even without exhaustion of domestic remedies, and decisions are delivered in a speedy manner and have final binding effects on the Member States, the institutions of the community, individuals and corporate bodies. In the context of this development, this article examines the processes through which ECOWAS as a sub-regional organisation was established, the way in which the court evolved, the jurisprudence of the court, decided cases, and factors that make the court seem to be an attractive option for human rights litigation.

Realising the Right to Health in Nigeria: Incongruities between International Obligations and Domestic Implementation

by | Sep 27, 2019 | ANUL, ANUL 2014 I1

Realising the Right to Health in Nigeria: Incongruities between International Obligations and Domestic Implementation

Authors Andra le Roux-Kemp

ISSN: 2521-2613
Affiliations: Part-time lecturer, Stellenbosch University and Ema2sa Scholar, Freie Universität Berlin
Source: Africa Nazarene University Law Journal, 2014, Issue 1, p. 119 – 138

Abstract

This article critically examines the role and responsibility of the judiciary in the realisation and concretisation of health rights in Nigeria. The gulf between the formal recognition of the right to health in international instruments — such as the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and People’s Rights — and the Nigerian Constitution, and the enforceability thereof, will shape the thrust of the discourse. It is argued that the judiciary in Nigeria is not engaging meaningfully with the true substantive content of health rights, and adequate notice and guidance is not taken from the provisions of international human rights instruments — like the ICESCR and the ACHPR. This is regrettable as courts can be valuable arenas and catalysts for the realisation and enforcement of health rights in the concrete contexts of specific cases.