The International Criminal Court (ICC) suffered two notable setbacks in Africa in 2010: the African Union's (AU) renewed call for members not to cooperate in executing ICC arrest warrants for Sudanese President al-Bashir; and the president's first visits to the territory of ICC states parties since warrants were issued in 2009 and 2010. Factors surrounding these developments suggest they do not represent the predominant view or approach to the court in Africa, where there is considerable backing for the ICC among African government officials and civil society. African ICC states parties and civil society should enhance initiatives to demonstrate the support that exists for the court, and to ensure that attacks on it are understood as limited efforts that emanate more from criticisms of the UN Security Council than of the court. Developments in 2011 reinforce these assessments.

After the election deadlock in Côte d'Ivoire, the international community recognized Ouattara as the winner of the elections, while the incumbent president, Gbagbo, also claimed victory. When they were both sworn in, violence ensued. UN Secretary General Ban Ki-Moon stated that the international community had a responsibility to protect citizens. Thereafter, the UN, African Union and ECOWAS attempted to quell the violence through mediation and the threat of force. Gbagbo was eventually ousted by Ouattara's forces. This article examines the international community's responsibility to prevent and its actions in that regard. If democratization is a means to prevent mass atrocities, what was the nature of the international community's responsibility to Ivoirians to prevent conflict? What should be the international community's reaction to internal agitations for democracy? Some answers to these questions lie in the framework for the international community's responsibility to prevent the four crimes related to R2P.

Within the context of the current debate on the institutional transformation of the African Union (AU), this article examines the position of the chairperson of the AU Commission (Commission). The importance of the Commission chairperson cannot be over-emphasized. As the head of the “engine room” of the AU, it is pertinent that s/he is given the requisite powers to oversee the proper functioning of the secretariat, which would in turn propel the progressive development of African integration. This article argues that the current intergovernmental nature of the AU, where real decision making powers are held by member states, curtails the Commission chairperson from playing a meaningful role in the integration process. It highlights certain fundamental factors for ensuring the relevance of the chairperson. These include the institutional transformation of the AU, a review of the eligibility requirements for the Commission chairperson, a broad-based election process and hybridized functions.

Rapid population and urban growth in Africa pose severe challenges to development planning and management. This article argues that weak urban governance in Kenya results from the colonial legal order's shaping of urban form. Kenya's colonial laws, drawing from those in other British colonies (especially South Africa) and British statute law on local government, public health, housing and town planning, controlled African labour and movement, and Africans' relation to towns. These laws included ordinances on registration, “master and servant” and vagrancy, while detailed township rules enforced racial segregation and exclusion; the Feetham Commission (1926) led to a hierarchy of local authorities, with no African representation until the 1950s. The dual mandate ideology resulted in different land tenure in the white-settled areas and trust lands; the late introduction of individual land ownership in the trust lands created problems of peri-urban, unplanned development outside the old township boundaries.

For integration to succeed, the intending bloc of nations must begin with integration efforts that are based on gradual, continuous and concrete achievements, to create de facto solidarity among community members. This is the theoretical premise on which this article is based. This perspective is also drawn from the normative framework of both the Constitutive Act of the African Union (AU) and the Treaty Establishing the African Economic Community. According to its objectives, the AU aims to form a union government, to be preceded by successful economic integration through regional economic communities (RECs). While there are several RECs in Africa, this article examines those in west and southern Africa, being among the more developed. The article discusses whether the RECs have achieved their objectives to the extent that would warrant discussion of, and efforts towards, the imminent formation of the “United States of Africa”.

Soon after the first democratic elections were organized in 2006, the Democratic Republic of Congo engaged in a series of juridical reforms to ensure that the judiciary is free from interference from the other branches of government: the legislature and the executive. Accordingly, Law No 06/020 of 2006 on the Status of Magistrates and Law No 08/013 of 2008 on the Organization and Functioning of the Supreme Council of the Judiciary were enacted. This article examines judicial independence in the Democratic Republic of Congo today, and assesses the impact of the newly adopted legislation by comparing it with the preceding statutory provisions on the functioning of the judiciary. Do the laws on the status of magistrates and on the organization and functioning of the supreme council of the judiciary, as recently enacted, effectively strengthen the independence of the judiciary?

This article examines the contribution of clans (kinship institutions) to the administration of justice within the context of standards set out in the African regional human rights instruments. Field work on the Jopadhola of Eastern Uganda is drawn upon, to explore how clans reproduce their notion of an independent court using an abridged legal doctrine of separation of powers, and partially mimicking lower level government and judicial features. The field work also shows how clans accommodate interests of women and youth. Even so, clans retain a largely customary approach to the appointment, qualifications and tenure of court officials. The main findings lead to the conclusion that, by applying an “African” notion of human rights, clans have created traditional constructs of an independent court: one that is culturally appropriate for their indigenous communities.

The recent law revision exercise and tax reform in Nigeria have unwittingly introduced a measure of confusion into determining the applicable tax statute(s). The problem is so bad that, if the opinion of three different experts were sought on the same issue, it is possible that they would purport to be referring to the same law yet cite different sections of different laws. The thrust of this article is to disentangle the associated issues for the proper guidance of taxpayers and the Federal Inland Revenue Service (FIRS). The article posits that the continued use of the Laws of Federation of Nigeria 1990 by FIRS is most inappropriate and illegal, and may open any assessment performed under them to legal challenge. The article advocates for a re-enactment of the Companies Income Tax Act.

While for-profit companies regularly embark on non-profit activities, the converse issue has recently come to attention, namely whether non-profit companies may embark on profit-making activities. This has given rise to a confusing conundrum of practical importance, not only in South Africa but also in other jurisdictions. This article discusses whether non-profit companies, under the South African Companies Act of 2008, may have purely commercial objects. It also addresses the intertwined question of the contours of permissible profit-making activities. Since the non-profit company is the modern successor to the section 21 company under the previous Companies Act of 1973, this article considers the recent case of Cuninghame v First Ready Development 249, in which the Supreme Court of Appeal was faced with the problem of a section 21 company with a commercial object. The article also explores the administration of rental pool agreements by non-profit companies, which arose in the Cuninghame case.

The principle of equality of arms is firmly entrenched in the jurisprudence of international tribunals, but hardly at all in domestic systems. This article argues for the principle to be applied in Botswana's adversarial system, as a way of ensuring procedural equality and enhancing fair trials. After examining the normative value of the principle, the article refers to a number of domestic jurisdictions that have applied the principle. It also examines the general acceptability of equality and fairness in Botswana case law. This represents a foundation for applying the principle in Botswana. The principle was developed by the European Court of Human Rights, creating its own concept of fairness in trials, irrespective of the position in domestic systems. Since the principle is of international origin, it is necessary to note that “judicial territoriality” and Botswana's dualist system do not pose obstacles to the application of the principle.

This article gives a general overview of an alternative dispute resolution (ADR) mechanism known as “conciliation” and the legal framework relating to its practice in Nigeria. Using the UNCITRAL Model Law on International Commercial Conciliation as a normative framework, the article critically analyses the proposed reforms to the existing legal framework for conciliation in Nigeria which are contained in the Nigerian Federal Arbitration and Conciliation Draft Bill and exposes some of its deficiencies. It also investigates the effect of the statutes of limitation on conciliation proceedings. The article also suggests that the institutionalization of conciliation will enhance its viability as an ADR mechanism in Nigeria.

This article examines the practice of the ECOWAS Community Court of Justice relating to the exhaustion of domestic remedies. It argues that the court is wrong to maintain the view that it is not bound by the doctrine, simply because the court's protocol is silent on the point. The author urges the court to reconsider its view in order to align its practice with prevailing customary international law and treaty trends on the exhaustion of domestic remedies in international suits espoused before international courts by or on behalf of individuals.

Cohabitation is left largely unregulated in South Africa, which means that many cohabitants are left destitute or financially worse off when their cohabiting partners die. The Pension Funds Act 24 of 1956, in particular section 37C, is one of the few pieces of legislation that afford legal protection to cohabitants who are left financially worse off due to the death of their partners. However, three previous pension funds adjudicators gave different views as to how to interpret this provision. This note seeks to compare three decisions by three different adjudicators and concludes that the latest decision in Hlathi is the most preferred, because it interprets section 37C progressively, taking into account the spirit, purport and objects of the Bill of Rights.

The difficulties in effective engagement with the global trade environment, especially given the rules-based system of world trade applicable to member states of the World Trade Organisation, are a constant subject for academic and political discourse, particularly when developing countries are involved. One consideration is however often overlooked: the internal constraints which must be faced in these countries along with their added obligations to comply with modern liberalization processes. This article studies these constraints by identifying the challenges facing one of sub-Saharan Africa's largest economies in constructing a stable legal framework for trade and development, which meets domestic needs and complies with the demands of the global market environment.

This article looks at three legal steps that have been taken in Uganda to abolish the practice of female genital mutilation: (1) a process during the drafting of the constitution that resulted in the enactment of different constitutional provisions that implicitly rendered female genital mutilation unconstitutional; (2) the declaration by the Constitutional Court in the case of Law and Advocacy for Women in Uganda v Attorney General in July 2010 that the practice is unconstitutional; and (3) the enactment in April 2010 of the Prohibition of Female Genital Mutilation Act. This article highlights some of the challenges that are likely to be encountered in enforcing both the Constitutional Court decision and the Prohibition of Female Genital Mutilation Act.