ISSN: 2521-2605
Affiliations: Research Fellow, Centre for Comparative Law in Africa, University of Cape Town
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 200 – 203
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ISSN: 2521-2605
Affiliations: None
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 184 – 199
None
ISSN: 2521-2605
Affiliations: None
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 174 – 183
The Congolese banking system, has been less developed and less diversified at the origin, it has strongly been degraded with political crisis persistency and economics. The emergency funds transfer system by telephone in the Democratic Republic of Congo that reveals the consequence of sub-banking of the country and the unsatisfactory of the population due to the benefit of financial short service messages. The system set by operators of mobile phones has become a helpful way that allows modest Congolese to make transfer operations and funds receiving through their mobile phones without taking into account the traditional methods of funds transfer which have been noticed unreliable and disadvantageous to that kind population. However, should we underline that this system lacks juridical safety whereas classic system of funds should be made by giving payment note to the person after having paid his/her money as proof warrant in case of misunderstanding and elsewhere there is no legislative regulation. It is therefore important to regulate for that issue.
ISSN: 2521-2605
Affiliations: None
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 130 – 173
None
ISSN: 2521-2605
Affiliations: Senior Lecturer, Business Law Department, Faculty of Law, University of Benin, Benin City, Nigeria; Abuja, FCT-based legal practitioner; Solicitor/barrister of the Supreme Court of Nigeria
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 105 – 129
The jurisdiction of the Investment and Securities Tribunal as a court of first instance to the exclusion of regular courts in matters pertaining to the capital market has generated debate within the legal community because of Nigeria’s previous history with ouster clauses under military rule. This is more so when the independence of the tribunal is subject to question due to the wide powers conferred on the Finance Minister in Nigeria in the appointment of the chairman of the tribunal, for example, active legal practice is not an obligatory criterion for legal practitioners who may be considered for membership of the tribunal as only their experience in the capital market matters. Adjudication by the tribunal is preferred by some aggrieved because unlike the regular courts it is not burdened by technicalities, arbitration is swift and just like the regular courts, an aggrieved has a right of appeal. Despite these features, agitation for the removal of the exclusive jurisdiction has continued to heighten. This paper argues that there is a need for the review of the provisions of the enabling Act on membership of the tribunal; particularly for legal practitioners by requiring that such a member must be in active legal practice prior to his appointment as a means of assuaging the frequent appeals on the grounds of lack of fair hearing at the appellate courts. There is also the need for the public, key investors in the capital market about the activities of the tribunal as an alternative means of judicial redress. It concludes with the position that various securities tribunals/regulatory bodies must be manned with persons of expertise knowledge and technical know-how. This would ensure that securities tribunals are efficient, strong, transparent and responsive to the investors in the capital market.
ISSN: 2521-2605
Affiliations: None; Postdoctoral Fellow, Centre for Comparative Law in Africa, University of Cape Town
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 77 – 104
As a widespread practice, child marriage has defied legislation in most sub- Saharan African countries. Is there a link between this defiance and distortions of the meaning of bridewealth? In its original sense, bridewealth functioned as the legitimating sign of marriage, a pledge that the bride will be well treated and a figurative recognition of her fecundity and worth to her community. Today, economic stratification and other socio-economic changes have commercialised bridewealth payment. This article draws a causal link between the distortion of bridewealth payment and the persistence of child marriage in Africa. Arguably, this persistence questions the influence of State law on normative behaviour in social fields. The article locates this argument in the disconnection between State law and people’s cultural practices, a notable feature of legal pluralism in post-colonial societies. While legislation remains important in campaigns against child marriage, policy makers should be mindful of its limitations in the face of customary law and socio-economic realities. Accordingly, anti-child marriage campaigns should aim to educate role players in child marriage and, generally, recognise the close link between early marriage, high bridewealth and normative interaction.