Sustainable Solid Waste Management Practices in South Africa: a Comparative Legal Analysis

by | Jan 19, 2025 | JCLA, JCLA V11 I2 2024

Sustainable Solid Waste Management Practices in South Africa: a Comparative Legal Analysis

Authors: Katlego Mashiane, Kola O Odeku

ISSN: 2521-2605
Affiliations: LLD Candidate, Faculty of Management and Law, University of Limpopo; Professor, Faculty of Management and Law, University of Limpopo
Source: Journal of Comparative Law in Africa, Volume 11 Issue 2, p. 1 – 42
https://doi.org/10.47348/JCLA/v11/i2a1

Abstract

South Africa is facing increasing mismanagement of solid waste, such as illegal dumping in open areas. This mismanagement of solid waste in South Africa is an environmental issue that threatens human rights. This study analyses sustainable solid waste management practices in South Africa and draws lessons from England and Kenya focusing on solid waste management, collection and disposal. England is a developed country with advanced waste management systems, while Kenya is a developing country facing similar solid waste management challenges to South Africa’s. While South Africa has its legal framework on solid waste management, the lessons from both England and Kenya are to improve and strengthen waste management practices and enforcement in South Africa. This study deployed and used a qualitative research approach to highlight how England, Kenya, and South Africa’s legal frameworks reflect their socioeconomic conditions, environmental priorities, and governance enforcement. The findings of the study are important for policy development. The study concludes that South Africa’s legal and policy framework needs to be inclusive and enhanced for effective enforcement of sustainable solid waste management.

Incorporating Sustainable Development Principles in Africa’s Investment Treaty-Making

by | Jan 19, 2025 | JCLA, JCLA V11 I2 2024

Incorporating Sustainable Development Principles in Africa’s Investment Treaty-Making

Author: Mmiselo Freedom Qumba

ISSN: 2521-2605
Affiliations: LLB (WSU) LLM (International Trade and Investment Law) (UP) Lecturer at UP Mercantile Law Department, University of Pretoria
Source: Journal of Comparative Law in Africa, Volume 11 Issue 2, p. 43 – 79
https://doi.org/10.47348/JCLA/v11/i2a2

Abstract

African states have long been critical of the international investment law regime, believing that international investment agreements (IIA) are misaligned with their sustainable development efforts. As a result, they have crafted modern IIAs to address the legitimacy crisis within the investment law regime. Despite improvements in Africa’s new, modern IIAs, some countries continue to conclude bilateral investment treaties (BITs) framed in line with older-generation agreements. An overview of the recent trends in treaty drafting shows that African countries have embraced IIAs as important tools for sustainable development. This article revisits the International Law Association ‘New Delhi Declaration of Principles of International Law’ to formulate concrete legal solutions not only as binding legal principles for investors within the African continent but also as incentive to improve sustainability through self-monitoring rather than international or domestic enforcement. This underscores the importance for treaty interpreters and drafters to carefully recognise the integration and application of a sustainable development framework. Accordingly, the article integrates lessons from African experiences and articulates the sustainable development-oriented principles and concepts that should be considered by policy makers and treaty drafters when developing new model BITs or renegotiating the old generation IIAs.

Duty to Act Provisions and Omissions Offences Under the Anti-Human Trafficking Statutes of Malawi, Uganda and South Africa

by | Jan 19, 2025 | JCLA, JCLA V11 I2 2024

Duty to Act Provisions and Omissions Offences Under the Anti-Human Trafficking Statutes of Malawi, Uganda and South Africa

Author: Martin Visuzgo Chipofya

ISSN: 2521-2605
Affiliations: LLM (Sussex), LLB (Hons) Mw, Principal Resident Magistrate (Malawi Judiciary), Part-Time Lecturer (University of Malawi)
Source: Journal of Comparative Law in Africa, Volume 11 Issue 2, p. 80 – 108
https://doi.org/10.47348/JCLA/v11/i2a3

Abstract

To effectively combat human trafficking, states have enacted domestic anti-human trafficking statutes to support the cause. Many of these statutes impose positive duties on both natural and legal persons, reinforced by criminal sanctions. The article examines the anti-human trafficking statutes of Malawi, Uganda, and South Africa, focusing on provisions that carry positive duties and, consequently, create omissions offences. It argues that while most positive duties – and the resulting offences of omission – in these statutes comply with criminal-law principles for imposing positive duties and criminalising their breach, some provisions in Malawi’s and South Africa’s anti-human trafficking statutes contain vague terms or phrases. Such terms or phrases may undermine the effective enforcement of these provisions and violate the principle of legality with respect to offences of omission resulting from non-compliance. The article further observes that while certain provisions in Uganda’s and South Africa’s anti-human trafficking statutes fail to consider the duty bearer’s capacity and opportunity to comply when imposing positive duties, these provisions are generally precise. The article argues that the benefits of precise language in an anti-human trafficking statute outweigh concerns regarding disregard for the duty bearers’ capacity and opportunity. Moreover, any consequences from this disregard can be addressed through sensitive or proactive prosecution or, where prosecution is pursued, the defence of impossibility.

Navigating the Complex Terrain of Competition Law Enforcement in Nigeria’s Petroleum Sector: an Examination of the Nigerian National Petroleum Company Limited (NNPCL)

by | Jan 19, 2025 | JCLA, JCLA V11 I2 2024

Navigating the Complex Terrain of Competition Law Enforcement in Nigeria’s Petroleum Sector: an Examination of the Nigerian National Petroleum Company Limited (NNPCL)

Author: Laura Ani

ISSN: 2521-2605
Affiliations: Senior Research Fellow, Nigerian Institute of Advanced Legal Studies (NIALS)
Source: Journal of Comparative Law in Africa, Volume 11 Issue 2, p. 109 – 141
https://doi.org/10.47348/JCLA/v11/i2a4

Abstract

The convergence of the Petroleum Industry Act of 2021 and the Federal Competition and Consumer Protection Act of 2018 offers a unique opportunity to reshape the Nigerian Oil and Gas sector. However, the true potential of these legislative reforms can only be realised through vigilant enforcement. This article comprehensively analyses the critical role of competition law in fostering a dynamic and competitive energy sector in Nigeria. By immersing into the labyrinth of competition law, this article distils the challenges and opportunities arising from the convergence of the Petroleum Industry Act and the Federal Competition and Consumer Protection Act. Additionally, the article expounds upon how a proactive stance by the NNPCL, within the ambit of competition compliance, can infuse dynamism into market dynamics and, ultimately, rebound to the collective economic well-being of Nigeria. The methodology involves a desktop review of laws and regulations pertinent to competition and petroleum. The aim is to assess the influence of these laws on market competitiveness, consumer welfare, and economic efficiency within the Nigerian petroleum industry. The article finds that though the dominance of the NNPCL is not problematic per se, the ownership structure of the NNPCL is an impetus for the government to undesirably influence the entity’s autonomy to compete like other undertakings. If left unchecked, it could potentially affect smaller private competitors in the industry. The article recommends more robust regulatory compliance to ensure fair competition and prevent the abuse of the NNPCLs dominant position.

Evaluating the Efficacy of Alternative Dispute Resolution Methods in Resolving Marital Conflicts in Nigeria

by | Jan 19, 2025 | JCLA, JCLA V11 I2 2024

Evaluating the Efficacy of Alternative Dispute Resolution Methods in Resolving Marital Conflicts in Nigeria

Author: Solomon O. Afolabi

ISSN: 2521-2605
Affiliations: LLB (Hons) Ife, BL, LLM (ABU), MBA (Unilorin), PhD (ABU), Associate Professor of Private & Property Law, University of Ilorin, Nigeria
Source: Journal of Comparative Law in Africa, Volume 11 Issue 2, p. 142 – 168
https://doi.org/10.47348/JCLA/v11/i2a5

Abstract

Disputes may be a fact of life, but they are no less troubling when they occur. They often need resolution, and swift, meaningful resolution at that. While litigation is the most popular means of settling disputes, this paper appraises the application of Alternative Dispute Resolution (ADR) mechanisms to marital conflicts in Nigeria. In Nigeria, litigation which is the most common means of settling disputes is often inadequate for the settlement of marital conflicts for the simple reason that it is rarely personal, empathic or collaborative for that matter. This paper therefore appraises the nature and extent of the application of ADR mechanisms to marital conflicts and also tests the proposition that a ‘cause and effect’ relationship exists between ADR and healthy marriages. The paper adopts doctrinal and empirical approaches by leveraging on qualitative analysis of responses to structured questions administered to participants within the Ilorin metropolis, Kwara State, Nigeria. The paper finds that there is an overwhelming use of ADR mechanisms for the settlement of marital conflicts, albeit with most leaning towards non-institutional ADR mechanisms, and that a ‘cause and effect’ relationship does exist between ADR and healthy marriages. This paper recommends that more importance be given to ADR in the place of settlement of marital conflicts and that better awareness be made in respect to institutional ADR mechanisms in Nigeria. The work also recommends that serious consideration be given to the establishment of family courts that would operate using collaborative approaches unique to ADR mechanisms.

Le Droit au Juge Naturel en Droit Camerounais

by | Jan 19, 2025 | JCLA, JCLA V11 I2 2024

Le Droit au Juge Naturel en Droit Camerounais

Author: Tchabo Sontang

ISSN: 2521-2605
Affiliations: Maitre de Conférences, Droit privé, FSJP-UDs. Membre de l’URDIIC
Source: Journal of Comparative Law in Africa, Volume 11 Issue 2, p. 169 – 188
https://doi.org/10.47348/JCLA/v11/i2a6

Abstract

A fair trial presupposes, among other things, that the judgment is pronounced by a court and/or an independent and impartial judge. In any state based on the idea of the rule of law, justice must be organized in such a way as to be stripped of any risk of serious grievance affecting its neutrality or that of the judges. It is on objective bases that the assignment of a court or a judge to a case must be made. The litigant must have for judge the one whom the law alone has established, his natural judge. Their meeting should not result from manipulation or a particular arrangement, but result from the implementation of criteria specially predefined by the legislator, taking into account the equality of citizens before the law and justice. These principles are indeed in force in Cameroonian law, although mistreated in their implementation.