A critical appraisal of law reform in Cameroon: Pluralism and harmonisation of laws

by | Oct 8, 2019 | JCLA, JCLA V6 I1 2019

A critical appraisal of law reform in Cameroon: Pluralism and harmonisation of laws

Authors Mikano Emmanuel Kiye

ISSN: 2521-2605
Affiliations: Lecturer, Department of English Law, University of Buea, Cameroon
Source: Journal of Comparative Law in Africa, Volume 6 Issue 1, p. 28 – 54

Abstract

This paper, through conceptual and practical analyses, unravels the challenges posed to the Cameroonian legal system by the existence of multiple and divergent values. It addresses the challenges associated with law reform in the polity and advocates for an alternative approach to reform, which is holistic and practical in nature. Cameroon’s legal system is mostly a relic of colonialism and consists of multiple divergent values that interact with each other. Among these values are civil law derived from France, common law received from England and customary law that has, hitherto, been in existence prior to colonialism. The differences between these values are insurmountable, and have led to tensions and frictions which have, in turn, made incidences of conflict of laws and forum shopping inevitable. The situation is compounded by the fact that, although being a unitary state, the laws are applicable in the entity as if it consisted of several different territories. While acknowledging the laudable initiatives toward reform, the paper questions the rationality and objectivity underlying the policies adopted, consisting mostly of the harmonisation of received laws and the restriction of customary jurisdiction. Law reform has been problematic: harmonisation is at the verge of establishing a uni-jural system founded on civil laws; restriction of customary jurisdiction has fragmented the legal process; and law reform has failed to completely eradicate conflict of laws and forum shopping. The paper calls for alternative approaches that, among others, equally reflect the country’s inherited traditions while also strengthening the role of customary law.

Analysing the Case of Secession in Kenya

by | Sep 8, 2019 | JCLA, JCLA V6 I1 2019

Analysing the case of secession in Kenya

Authors Joseph Lutta

ISSN: 2521-2605
Affiliations: Advocate of the High Court of Kenya
Source: Journal of Comparative Law in Africa, Volume 6 Issue 1, p. 1 – 27

Abstract

Secession remains an emotive, divisive and nebulous subject within the realms of public international law. This is because it pools together two diametrically opposed notions of the right to self-determination and state sovereignty and territorial integrity. On one hand, the right to self-determination is perceived as inalienable since the people have the liberty to break away from a repressive regime and form their own country. In contradistinction, the sovereignty of state is a sacrosanct model that holds the state together and any notion of secession poses an existential threat to the territorial integrity and political stability of a country. On a more abstract level this paper attempts to underscore the legal position of secession in Kenya. More specifically, it expounds on the various underlying reasons behind the simmering support for self-determination across the country. In the same vein, it expounds whether this concept is conceivable in light of the current constitutional dispensation and prevailing judicial decisions. Furthermore, it encompasses a comprehensive comparative study of other judicial forums with a more specific reference to the futuristic advisory opinion by ICJ on the Republic of Kosovo. Thereafter, it suggests a possible model that would befit the Kenyan situation when dealing with this concept.