The conceptualization of a proper approach to patent law, as it relates to drug patents and access to medicines, remains contested. This article joins the discourse by positing that an application of the communitarian approach of ubuntu to the might of human rights is a useful framing for normalizing equity-based interventions and would help tilt the balance of power from a narrow profit-seeking imperative to one that prioritizes the public good. It contends that, while private entity ubuntu, corporate social responsibility or charity yield some positive results, they are inadequate and must be buttressed by the right to health, which entails access to the necessary diagnostics, therapeutics and medicine for all. The article argues against the predominant hegemony of current thought, which has so far not yielded meaningful and timely access, and advocates for a rethink of the possibilities of more just outcomes through more just processes.

Global digital integration is desirable and perhaps even inevitable for most States. However, there is currently no systematic framework or narrative to drive such integration in trade agreements. This article evaluates whether community values can offer a normative foundation for rules governing digital trade. It uses the African Continental Free Trade Area (AfCFTA) Digital Trade Protocol as a case study and argues that identifying and solidifying the collective needs of the African region through this instrument will be key to shaping an inclusive and holistic regional framework. These arguments are substantiated by analysis of the regulation of cross-border data flows, privacy and cybersecurity.

This paper presents an alternative epistemic worldview of the corporate responsibility to respect human rights (CR2R) as a norm. It examines how an Afrocentric interpretation of the CR2R norm can contribute to a relational system where corporations promote human rights in African host communities. It uses an African norm — Ubuntu — to reframe and reinterpret Pillar II in Afrocentric terms. It argues that this reframing is important for three reasons. First, Ubuntu reframing increases the CR2R norm’s intelligibility in Africa because it clarifies and contextualizes the term ‘respect’ used in Pillar II. Second, reframing the CR2R norm through Ubuntu fills the ethical gap in the interpretation of the CR2Rnorm. Third, an Ubuntu-inspired interpretation insulates the CR2R norm from some scholars’ critique that the CR2R norm’s scope is narrow because it only encourages MNCs to avoid infringing on the human rights of others without prescribing positive obligations. This paper then examines channels through which Ubuntu can influence the CR2R norm.

The scholarly literature on sentencing reform has largely overlooked the African continent. The paucity of legal scholarship is particularly striking with respect to Tanzania, one of Africa's largest and most populous countries. This article explores the first significant sentencing reform in Tanzania's history. In 2020, the Tanzanian judiciary issued a comprehensive set of sentencing guidelines for courts to follow. Until this point, sentencing was a highly discretionary stage of the criminal process, and the Tanzanian penal code offered very little guidance with respect to the exercise of that discretion. After providing a brief summary of the new sentencing regime, we explore the innovative guidance contained in the reforms. In the conclusion we discuss the extent to which the Tanzanian reforms reflect core African values of Ubuntu, or more specifically in the case of Tanzania, Ujamaa, the philosophy popularized by Tanzania's first president, Julius Nyerere.

This article argues that xenophobic acts towards black foreigners remain a human rights challenge in South Africa. Foreign nationals, mostly black Africans, continue to experience physical attacks, discrimination and looting of businesses, as well as targeted crime. Prevalent xenophobic attitudes continue to trouble the conscience of all well-meaning South Africans. There is ample evidence that xenophobia has morphed into afro-phobia, the hatred of black foreigners. Xenophobia continues to evolve and attackers are increasingly linking the presence of foreign nationals to socio-economic challenges facing the country. This article argues that, even though South Africa's Constitution does not expressly identify Ubuntu as a national value, it does recognize customary law and many of its provisions are anchored in Ubuntu philosophy. This article proposes Ubuntu, or African “humanness” whose “natural home” should be located in South Africa, as a pragmatic social intervention and a morally sustainable solution to address xenophobia that would be acceptable to both South Africans and foreign nationals.

This article considers the current sentencing purposes in Namibia. It discusses the legislator's failure to articulate these purposes, leaving this to the judiciary, and identifies the dangers that arise from this legislative lacuna. It establishes that current sentencing purposes are fundamentally premised upon a retributivist philosophy, transplanted into Namibia during the colonial period. The article thus advocates for sentencing reform, aimed at restoring a paradigm based on African values. It does so by analysing African indigenous justice systems, using Ubuntu as an Afrocentric value. The article establishes how Ubuntu is contemporarily mirrored by restorative notions of justice that prioritize victims, offenders and the community, thereby asserting sentencing purposes that promote reconciliation, reparation and offender re-integration. In juxtaposing this with other sentencing purposes, the article critiques comparable jurisdictions that have recently incorporated restorative justice and proposes a set of draft sentencing purposes in the appendix.

The central argument of this article is that within the discourse around the South African Truth and Reconciliation Commission (TRC), many scholars have insufficiently applied the concept of an indigenous African worldview in their analysis of the TRC’s work, leading them at times to describe the process as coerced, contradictory, and politically manipulated. Using the different stages of my research as well as the different texts that “lit up” every phase, I argue that through a focus on language and translation, the pervasiveness of a particular worldview of interconnectedness can be traced that enabled the commission to execute its mandate creatively and without incidences of revenge. The acknowledgement of an indigenous interconnectedness has wide implications for the concept of transitional justice as it rejuvenates the main concepts of healing, amnesty, and reconciliation. As a journalist who reported on the daily activities of the commission, I move in this piece between the different epistemic communities of journalism, writing, and academia in order to understand the way in which language and its underlying epistemology provides an important access route to understanding the workings of the TRC and the testimonies provided by witnesses.

The connections between democracy and sexuality—that is, between civil liberties and the protection of nonconforming sexualities—are rarely discussed in Africa. On the contrary, nonconforming sexualities have been instrumentalized to entrench dictatorships and to weaken democracy. As was the case in early twentieth-century Europe and North America, homophobia has become a political tool used by conservative politicians to promote self-serving agendas. Heterosexuality is also idealized by an acute ahistoricization of African politics by the Western media and civil society. The problem is also compounded by the distortion of African history promulgated by the dictatorial leadership on the continent.