Journal of Law, Society and Development

Political Financing around the World: A Historical Overview and Financing Models; Which Model for Uganda?

Daniel Masumba Walyemera — 2024-02-21

This paper provides an overview of political financing in the world. This enables the proposal to select a suitable political financing model for Uganda. In this regard, an effort has been made to trace the origins of political financing from North America to Africa. The justification for its existence has also been illustrated. Political financing can facilitate the protection and promotion of international human rights standards. This is especially so, regarding citizens’ rights to participate in their public affairs. The paper also shows that money has justifiable and legitimate purposes in electoral campaigns. Its unregulated use, however, may lead to corruption. Finally, the paper suggests a political financing model appropriate to Uganda’s environment. Doctrinal methods of research were used to carry out the study. This method of research involves a library-based analysis of legal sources. There are two steps to the doctrinal research methods. The first step is finding the primary sources of law. The second step is the examination of these primary sources.

African Immigrant Traders, Food Security, and Xenophobia in Johannesburg, South Africa

Seun Bamidele — 2024-05-30

The role of African immigrant informal traders in enabling food security for families throughout Africa has been explored in the literature. However, little has been published on the relationship between African immigrant traders, food security, and xenophobia in the City of Johannesburg, South Africa. A lack of information combined with negative attitudes among researchers and policymakers has led many to undervalue African immigrant informal traders, often dismissed as peripheral to the food economy and food security in Johannesburg. Therefore, in this article, I analyse the role of African immigrant informal traders in making food accessible and affordable for customers despite constant harassment arising from xenophobia.

The Role of the Royal Family in Transforming the Institution of Traditional Leadership in South Africa

Nomthandazo Ntlama-Makhanya — 2024-05-30

This article focuses on the institutional role of the royal family in the promotion of the transformative aspirations of the new dawn of democracy, particularly the right to gender equality within the institution of traditional leadership. The article argues that the royal family is foundational to the regulation of traditional authority regarding the pursuit of the principles of non-discrimination to ensure the preservation of the identity of the institution of traditional leadership. The argument is limited to the institution that follows the patriarchal system of governance with ascension to the throne that is restricted to males only and not on matrilineal systems, regency, or any other leadership position that is available within the institution. The focus is triggered by the constitutionalised status of customary law that has subjected the institution of traditional leadership under intense constitutional scrutiny for its compliance with the transformative ideals of the constitutional dispensation. Such scrutiny is grounded by the Constitution, 1996 which is contextualised by the adoption of the Traditional Leadership and Khoisan Act 3 of 2019 (National Act), which gave the institution affirmative responsibilities to promote principles of equality and non-discrimination. This role is of keen interest, particularly with the judicial developments that have opened opportunities for women within royal households to ascend to the throne. These opportunities then raise a question regarding the preservation of the institutional identity of the traditional community.

The Right of Women to the Inheritance of their Husbands’ Estate in Nigeria

Victoria Adeleke — 2024-05-30

In Nigeria, the legal position of a woman’s rights to both her father’s and husband’s property continues to cause controversy, despite numerous academic efforts to clarify it. A widow’s right to inherit her deceased husband’s property is missing under native laws and customs. This is a significant gap in the legal framework, which perpetuates inequality, even with the human rights principles in post-independence constitutions. This article evaluates the validity of a woman’s claim to inherit her deceased husband’s property. The analysis is limited to Nigeria’s three largest tribes—Hausa, Igbo, and Yoruba tribes. A qualitative method of analysis is used to identify best practices from Tanzania, India, South Africa, and English law. The article finds a need for Nigeria’s legal framework to abolish archaic traditional laws that prejudice women, especially widows. It recommends that Nigeria should investigate the status of its customary laws to identify discriminatory customs that require abolition and customary values that require codification. It urges the judiciary to develop the customary laws of Nigerian ethnic groups to conform them with constitutional principles. There is also the need to encourage and promote the work of non-governmental organisations that educate and financially empower women to assert their right to inherit their deceased husbands’ estates.

Institutional Factors as Precursors of Consortium Building Readiness among University Libraries in Southwestern Nigeria

Olalekan Abiola Awujoola — 2024-05-07

In many countries, especially developing ones like Nigeria, university libraries face tremendous challenges in meeting the needs of the ever-growing world of knowledge and information, particularly the demands of their users. These challenges result from diminishing budgets and the galloping cost of subscriptions to periodicals, purchasing materials, and Information and Communication Technology (ICT) tools, and they have warranted the need for building consortia among university libraries as an approach to address the foregoing problems. University libraries must, therefore, be ready for consortium building by providing institutional factors within them. The study investigated institutional factors as precursors of consortium building readiness among university libraries in Southwestern Nigeria. It adopted the survey design of the correlational type. Total enumeration was used to sample all 643 library personnel in the 45 university libraries in Southwestern Nigeria. The library staff sampled possess at least a diploma or degree in Library and Information Science, even a PhD. There are 45 universities located in Southwestern Nigeria. 549 copies of the questionnaire were returned and used for the study, giving a response rate of 85.4 per cent. The self-constructed questionnaire and interview schedule validated and tested on 30 library personnel at the University of Ilorin, Kwara State, Nigeria, were used for data collection. The data was analysed qualitatively and quantitatively using descriptive and inferential statistics, correlation, and regression analysis. Findings revealed that organisational culture (=3.20; std dev. =0.66) was the most prevalent institutional factor for consortium building. It was followed by ICT literacy skills (=3.18; std dev. =0.64), electricity (=3.16; std dev. =0.73), automation/digitisation (=3.09; std dev. =3.95), training (=2.91; std dev. =0.83), Internet connection (=2.90; std dev. =0.78), finance (=2.89; std dev. =0.81), and organisational policy (formal written document) (=2.79; std dev. =0.81). The findings also reveal that institutional factors altogether (r = .508; p<0.05) have a significant positive relationship with consortium building readiness among university libraries in Southwestern Nigeria. Institutional factors aid consortium building readiness among university libraries in Southwestern Nigeria. The study recommends that university libraries must provide institutional factors to show their readiness for consortium building.

Guided Transformation of Customary Marriage Practices in South Africa

George Wara — 2024-06-10

This article discusses the complementary roles of the South African state and community institutions in transforming customary marriage practices to reflect changing socio-economic circumstances and to meet constitutional values contained in the Bill of Rights. It also reflects on the interaction between customary law, legislation dealing specifically with customary law, and the Constitution. Customary laws of marriage are living laws and may be interpreted, applied and, when necessary, amended or developed by the legislature and courts or by the impacted communities. Before the enactment of the 1996 Constitution, customary marriage practices were only recognised by the courts if they were not repugnant to public policy or natural justice and common law principles. This repugnancy test did not allow South African courts to develop African customary laws. Since 1996, the test for recognition of customary marriage laws has been the Constitution. Legislative reforms of customary marriage practices have occurred through the enactment of the Recognition of Customary Marriages Act 120 of 1998, the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 and more are anticipated in ongoing efforts of the South African Law Reform Commission. Section 211(2) of the Constitution also allows traditional leaders to reform their own customs and to bring them into line with the norms and values of the Constitution. In this article, I assess the complementary efforts of the legislature, courts, and traditional leaders in amending the communities’ customary marriage practices to reflect modernity and to meet constitutional values.

Rethinking the (Un)just Transition: A Review of the Impact of Neoliberal Approaches to Energy Governance in South Africa

Angwe Rachel Lekunze — 2024-03-14

South Africa has demonstrated a firm commitment to a just transition from coal to renewable energy sources by outlining a roadmap for the decommissioning of its coal-fired power stations and procuring clean energy. Ideally, this is a laudable response to climate change and a pathway to a sustainable future. However, the just transition is not inherently just because of the underlying neoliberal policies that underpin it, and which are, to a large degree, not in South Africa’s best interests. The purported just transition has unintended results, such as undermining South Africa’s energy sovereignty, perpetuating existing global power imbalances, aggravating energy poverty, and leading to many economic and social injustices. This paper uses doctrinal legal research to explore the influence of neoliberal policies in South Africa’s just transition towards renewable energy. It argues that a truly Just Energy Transition must be grounded in South Africa’s best interests and should not sacrifice the country’s energy sovereignty for a perceived greater good at a time when giant economies in the West, which are responsible for the bulk of activities which contribute to climate change, are revamping their coal-fired power stations and buying South Africa’s coal for their own heating, lighting, and industry. To achieve this, the paper examines the duplicity arising from what may be perceived as an embrace of neoliberal policies in fighting climate change by phasing out existing energy sources at a time when economic activity in the country is retreating due to the lack of a consistent and reliable energy supply. As such, the paper makes a case for an energy-sovereign South Africa that prioritises domestic control over energy resources, promotes renewable energy deployment that is socially just and equitable, and empowers communities to shape their energy futures. It argues that for South Africa to attain energy sovereignty, it must look into its own resources and revisit the neoliberal aspects of its law and policy that compromise its ability to fight energy poverty.

Barriers and Strategies to Improve Men’s Uptake of HIV Care Services in Rural KwaZulu-Natal, South Africa: A Qualitative Approach

Oluwafemi Adeagbo — 2024-02-21

The 2017 Joint United Nations Programme on HIV/AIDS Blind Spot report echoes the challenges as well as the benefits of men’s effective utilisation of HIV services. However, men have been consistently missing from the HIV care cascade, leading to poor health outcomes in men and ongoing transmission of HIV in young women in South Africa. This study sought to understand key barriers to effective uptake of HIV services among men and potential strategies to address these challenges. Ten semi-structured telephone interviews and three workshops were conducted (from July to November 2020) with a purposive sample of men aged 21–65 years (N = 26) from rural KwaZulu-Natal. Broad themes were identified from the interview transcripts and analysed inductively. Masculine norms, stigma, and fear of an HIV identity were major barriers to the uptake of HIV testing among men as well as hesitancy due to perceived risks. Participants living with HIV identified various sociopsychological, structural, and COVID-related factors inhibiting the uptake of and adherence to HIV treatment. Besides condoms and circumcision, no participants had prior knowledge of pre-exposure prophylaxis. Participants suggested that men need tailored HIV/AIDS messaging and education (led by men living with HIV) about the benefits of HIV testing, treatment, and prevention. Importantly, they believed that community delivery of HIV services would encourage more men to engage in care. To achieve zero new infections and zero AIDS-related deaths of men in South Africa, efforts should be directed to developing tailored emotive educational and community-based interventions that address identified barriers to improve men’s utilisation of HIV care services.

“Breaking Bread, Breaking Barriers”: An Ecological systems theoretical analysis of Food Insecurity in South African Higher Education Institutions

James Ojochenemi David — 2024-03-14

Food insecurity is an increasingly pressing issue in South Africa, affecting higher education institutions. The country’s prevalent poverty and unemployment rates, exacerbated by the economic impact of the COVID-19 pandemic, have led to reduced funding for higher education institutions. As a result, students’ well-being is compromised, with many experiencing hunger and difficulties in their academic progress. While existing literature addresses food insecurity in South African higher education institutions, a comprehensive understanding from a systems theoretical perspective is lacking. This study applies Bronfenbrenner’s ecological systems theory, a multi-level analysis framework, to examine the complexities of food insecurity in South African higher education institutions. The analysis explores the microsystem, mesosystem, exosystem, macrosystem, and chronosystem dimensions of food insecurity as a multidimensional challenge requiring holistic response strategies. Drawing on scholarly literature, news articles, and reports from governmental and non-governmental organisations, this qualitative research sheds light on the multifaceted nature of food insecurity challenges in higher education institutions, with a specific focus on student development. Insights from Bronfenbrenner’s ecological systems theory enhance the understanding of the barriers to student well-being and academic success and underscore the need for targeted interventions. The findings contribute to the literature on food insecurity as a complex problem and guide policy decisions, interventions, and initiatives.

The Impact of COVID-19 on Female School Leadership in the Tshwane South District in South Africa

Penelope Mgiba — 2024-02-21

Female school leaders in South Africa experienced challenges during the pandemic because of gender stereotypes. This study aimed to explore the impact of COVID-19 on female school leadership. Qualitative methods were used to interpret female leaders’ attitudes, experiences, and understanding of specific circumstances. Data was collected using semi-structured interviews supported by analysis of school documents. Findings revealed that female school leaders relied on their self-confidence, networking, and use of COVID-19 policy to overcome challenges. This study presented that the use of different leadership styles also made a positive impact on female school leaders. They experienced challenges such as failure to execute their leadership positions due to gender stereotypes and lack of community and district support. There is a need for the government to develop approaches that would address the impact of COVID-19 across sectors. Future studies should examine support for school leaders.