Boko Haram-induced displacement: A critique of Nigeria’s implementation of the African Union Internally Displaced Persons Convention

by | Oct 1, 2019 | CILSA, CILSA V50 I1 2017

Boko Haram-induced displacement: A critique of Nigeria’s implementation of the African Union Internally Displaced Persons Convention

Authors Romola Adeola

ISSN: 2522-3062
Affiliations: Steinberg Postdoctoral Fellow in International Migration Law and Policy, Centre for Human Rights and Legal Pluralism, Faculty of Law, McGill University, Montréal, Canada
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 1, p. 41 – 55

Abstract

Conflicts have largely been recognised as a fundamental cause of internal displacement in Africa. In recent years, internal conflicts in several African countries including Nigeria have contributed to the rise in internally displaced persons (IDPs) across Africa. In Nigeria, the violence orchestrated by the Boko Haram group in particular, has led to the displacement of over one million persons. Motivated in part by the need to prevent conflict-induced displacement and protect conflict-induced IDPs, African leaders meeting in Uganda in 2009, adopted the ‘African Union Convention for the Protection and Assistance of Internally Displaced Persons’ (Kampala Convention). As at April 2016, twenty-five African states, including Nigeria, had ratified the Kampala Convention. Article 9(1) mandates states to protect the rights of IDPs in displacement situations, while Article 9(2) imposes specific obligations upon states to protect and assist IDPs. While Nigeria is in the process of finalising a national legislation on IDPs, its obligations under the Kampala Convention requires it to ensure that IDPs are protected and assisted. Against the backdrop of Article 9(2) of the Kampala Convention, I examine the implementation by Nigeria of its obligation to protect and assist persons displaced by the Boko Haramfuelled conflict in Northern Nigeria.

The limits of police deception in obtaining a confession from a suspect who is neither arrested nor detained: The Canadian Supreme Court leads the way

by | Oct 1, 2019 | CILSA, CILSA V50 I1 2017

The limits of police deception in obtaining a confession from a suspect who is neither arrested nor detained: The Canadian Supreme Court leads the way

Authors Bobby Naudé

ISSN: 2522-3062
Affiliations: Professor of Law, Unisa
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 1, p. 22 – 40

Abstract

In Canada, confessions are sometimes obtained through what is commonly known as ‘Mr Big’ operations. These involve recruiting a suspect into a fictitious criminal organisation with a view to obtaining a confession from him or her. Because of the unique circumstances under which such confessions are made, there is real danger of abuse of power by the police and of unreliable confessions. The suspect is unaware of the status of the person hearing the confession and no constitutional warnings are necessary. This practice provides an opportunity to view police deception from a different angle. Because of the central role played by the police in obtaining these confessions, and because even reliable confessions cannot be admissible in the face of improper police conduct, it is submitted that the reliability of such confessions and the manner in which they were obtained should be considered together when judging their admissibility.

Confused about confusion: Is there still a distinction between primary and extended trade mark infringement?

by | Oct 1, 2019 | CILSA, CILSA V50 I1 2017

Confused about confusion: Is there still a distinction between primary and extended trade mark infringement?

Authors Roshana Kelbrick

ISSN: 2522-3062
Affiliations: Professor, School of Law, University of South Africa
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 1, p. 1 – 21

Abstract

The Trade Marks Act 194 of 1993 created three new forms of infringement commonly known as primary infringement, extended infringement, and finally, infringement by dilution. Here, I consider whether the distinction between the first two forms of infringement still exists.

Renewable energy regulation in South Africa: Lessons from the Chinese experience

by | Oct 1, 2019 | CILSA, CILSA V50 I2 2017

Renewable energy regulation in South Africa: Lessons from the Chinese experience

Authors Helen Papacostantis

ISSN: 2522-3062
Affiliations: Lecturer in Law, University of the Witwatersrand
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 275 – 302

Abstract

The global community is increasingly aware of the problems associated with climate change and sustainable development. The solution to the problems requires the participation of all countries. However, many developing countries have additional, and often competing, priorities, which include poverty eradication and social sustainability. South Africa, as a developing country, faces these challenges and has acknowledged that environmental sustainability is central to its own development and sustainability, and has also recognised the role that renewable energy can play in achieving these goals. The country’s abundant renewable energy sources are valuable assets that require a solid and effective legal regulatory system for their optimal use. Despite the acknowledgement of the role that renewable energy will play in the future of the South African electricity market, the regulation thereof is still in its infancy. The People’s Republic of China is facing similar challenges to those faced by South Africa and has emerged as a world leader in renewable energy development. South Africa can learn valuable lessons from China, especially in light of the partnership the two countries share in BRICS. This article will compare renewable-energy policy and law in China with the South African framework, with a view to developing lessons that South Africa can use when formulating its own policy.

Debt relief for South African NINA debtors and what can be learned from the European approach

by | Oct 1, 2019 | CILSA, CILSA V50 I2 2017

Debt relief for South African NINA debtors and what can be learned from the European approach

Authors Melanie Roestoff, Hermie Coetzee

ISSN: 2522-3062
Affiliations: Professor, Department of Mercantile Law, University of Pretoria; Associate professor, Department of Mercantile Law, University of Pretoria
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 251 – 274

Abstract

The focus of this article is on the international trend of providing debt relief to all hopelessly insolvent individuals, so allowing them a fresh start. Such debtors include those with ‘no income and no assets’ (NINA), whose access to insolvency proceedings would yield no benefit for their creditors. The initial ultra-liberal American ‘straight discharge’, or ‘fresh start’, is contrasted with the ‘earned fresh start’ approach in Europe. The European approach is investigated in some detail and key elements in the German and French consumer-insolvency systems are specifically considered, as these systems respectively illustrate the traditional and the new European approaches to providing debt relief to NINA debtors. Internationally regarded principles and guidelines are considered as a subtext. The purpose of the investigation is to ascertain whether there are any lessons to be learnt by South Africa from the European approach, and to indicate a way forward for future law reform as regards debt-relief measures for NINA debtors. The research concludes with an evaluation of the different approaches within the South African context and offers some remarks on the way forward.

Step-parent adoption: To do, or not to do-that is the question

by | Oct 1, 2019 | CILSA, CILSA V50 I2 2017

Step-parent adoption: To do, or not to do-that is the question

Authors Sandra Ferreira

ISSN: 2522-3062
Affiliations: Associate Professor, Department of Private Law, University of South Africa
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 230 – 250

Abstract

Once a child has been adopted, he or she is regarded as the child of the adoptive parent for all purposes, and vice versa. Conversely, an adoption also terminates relationships that existed before the adoption. This article focuses on step-parent adoption. I point out that there is a difference between step-parent adoption and other forms of adoption. I then consider whether it is still appropriate and in the best interests of the child to legalise the relationship between a step-parent and stepchild through adoption, and so to terminate the child’s legal relationship with a parent and/or family. In order to determine this, a comparative analysis is undertaken. Finally, I conclude that the time has come to consider alternative ways to formalise and protect the step-parent and stepchild relationship.