South African Yearbook of International Law 2024-05-28T09:41:37+00:00 Angelo Dube Open Journal Systems <p><strong>Hybrid Open Access</strong></p> <p>The South African Yearbook of International Law (SAYIL) is an annual publication, published by Unisa Press and administered by Unisa's Department of Public, Constitutional and International Law.</p> <p>SAYIL is accredited by the Department of Higher Education and Training of South Africa.</p> From Sustainable Development to Ecologically Sustainable Development: A Reappraisal of Section 24(b)(iii) of the Constitution of South Africa, 1996 2024-05-28T09:41:35+00:00 Rufaro Chikuruwo <p class="Abstract"><span lang="EN-GB">This paper offers a conceptual analysis of ecologically sustainable development in contrast to sustainable development. The analysis focuses on ecologically sustainable development as encapsulated in section 24(b)(iii) of the Constitution of the Republic of South Africa, 1996. The paper argues that ecologically sustainable development denotes preserving earth’s ecological systems. The paper further argues that ecologically sustainable development, as contained in section 24(b)(iii) of the Constitution, requires a shift from the ambiguous concept of sustainable development to ecologically sustainable development. The paper highlights the importance of prioritising environmental concerns when considering economic or social development. In essence, the study emphasises that ecologically sustainable development, as embedded in section 24(b)(iii), seeks to sustain the environment and not development activities. The paper concludes that ecologically sustainable development is a vehicle for facilitating the necessary paradigm shift required for better environmental protection as per section 24(b)(iii).</span></p> 2024-05-16T00:00:00+00:00 Copyright (c) 2024 Unisa Press Possible Solutions for Outer Space Norm-Making 2024-04-23T08:00:47+00:00 Theunis Kotzé <p>In the first instalment of this article, the author examined why the United Nations Committee for the Peaceful Uses of Outer Space (UN and UNCOPUOS), established to make international law of outer space, stopped making outer space treaties, and how did the International Institute for the Unification of Private Law (<em>Institute International pour l’unification du Droit Privé</em> or UNIDROIT), a non-UN entity established to unify private law, created with its 2012 Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Space Assets (Space Protocol) what is allegedly the first outer space treaty in (then) thirty-two years. The UNCOPUOS system of public international law treaty-making was compared with the UNIDROIT private international law one; and the question as to whether the UNIDROIT has created a new method of treaty-making. The author now advances recommendations for the UNCOPUOS to produce hard law to cure this unsatisfactory situation. He concludes that the Space Protocol can only form part of space law if one accepts a fourth stage of development of space law as part of a redefining of space law <em>sensu lato, </em>and although multilateral treaty-making is no longer the most appropriate tool for meeting the new needs and requirements, treaties cannot be ignored in international space legislation.</p> 2024-04-22T00:00:00+00:00 Copyright (c) 2024 Unisa Press An Analysis of the Obligations of COMESA Public Procurement Regulations: The Case of Zimbabwe’s Public Procurement Regulatory Framework 2024-04-23T08:00:55+00:00 Freedom Panganayi <p>With the coming into force of the new Constitution in 2013, public procurement was given a constitutional status in Zimbabwe. The Constitution sets out vital principles that public procurement legislation must comply with. Moreover, it is a requirement of the Constitution that the governance of Zimbabwe must be pursued in accordance with Zimbabwe’s international law obligations. Zimbabwe is a founding member of the Common Market for Eastern and Southern Africa (COMESA). To accelerate interstate trade, COMESA promulgated Public Procurement Regulations (PPR) for regional competitive bidding across member states. The viability of the regional trade agreements is hinged on mutual cooperation. Pursuant to the foregoing, member states are required to domesticate international agreements into their municipal laws. In 2017, the Zimbabwean legislature passed the Public Procurement and Disposal of Public Assets Act 5 to give effect to the provisions of section 315(1) of the Constitution (Amendment No. 20), 2013. The public procurement reform agenda in Zimbabwe occurred close to a decade after the adoption of the public procurement regulations by COMESA in 2009. This article explores the obligations imposed on Zimbabwe pursuant to the public procurement regulations. This is done by identifying the public procurement principles enumerated in public procurement regulations, which are binding on member states. This article endeavours to answer the question: To what extent does the Zimbabwean legal framework conform to public procurement regulations? This article notes that the legal framework underlying public procurement in Zimbabwe, by and large, conforms to the bar set in the public procurement regulations. Nonetheless, it highlights Zimbabwe’s public procurement shortcomings. The article concludes by making possible legislative recommendations.</p> 2024-04-17T00:00:00+00:00 Copyright (c) 2024 Unisa Press Aligning Nigeria’s International Obligations: A Comprehensive Analysis of Environmental Protection within the Industrial Law and Policy Framework 2024-04-23T08:00:49+00:00 Lilian Onyinyechi Uche Oluchi Azoro-Amadi <p class="Abstract"><span lang="EN-GB">Environmental protection is a global concern but action taken varies widely. The absence of sustainable practices in labour and industrial policies in Nigeria has contributed significantly to environmental degradation. This is due to the non-internalisation of environmental concerns and non-adherence to international environmental laws and obligations, which has led to the absence of environmental protection standards as a factor in investment decisions. Studies have shown that minimising environmental impact is essential for the planet and the long-term success and reputation of a business. Therefore, in this article it is argued that a comprehensive set of guidelines and procedures to govern operations in areas such as waste management pollution, energy use, and emissions reduction, as well as employee training and engagement in sustainable practices, will minimise environmental footprints and positively impact on communities. Understanding that commitment to international obligations and national policies reflects the belief that business has a crucial role in preserving the environment for future generations, a regular assessment of progress towards meeting these obligations and seeking opportunities for continuous improvement in national laws are recommended. Employing a legal analysis and literature review methodology, the article will outline and review environmental and industrial policies in Nigeria to see what review or amendment options are available in line with the commitments and obligations under international law, while also making inferences from select countries.</span></p> <p style="font-weight: 400;"><em> </em></p> 2024-04-17T00:00:00+00:00 Copyright (c) 2024 Unisa Press A Continental Free Trade Area in the Absence of the Free Movement of People is Inconceivable 2024-05-28T09:41:37+00:00 Thulane Lehlongwa <p class="Abstract"><span lang="EN-GB">The African Free Trade Continental Agreement (AfCFTA) represents renewed efforts by the current cohort of African leaders to move the continent closer to its self-reliance ambitions, and it aims to build on the foundation laid by the founding fathers of the African Union aimed at achieving a better life for Africans through deeper regional economic integration. Central to achieving the Agreement’s objectives is the realisation of the free movement of persons, which is envisaged to be a vehicle for deeper regional integration. This article provides a brief conceptual analysis of the Free Movement of Persons concept, its benefits in driving regional integration, successes, and the potential challenges that may hinder the full realisation of the AfCFTA’s objectives as a mutually reinforcing agenda. In addition to contributing to existing literature, this article explores whether the Free Movement of Persons is indeed a <em>sine qua non</em> for the success of the AfCFTA. Drawing on lessons from the implementation of other regional trade integration projects, the European Union integration model, in this instance, the article recommends key interventions to bolster implementation efforts.</span></p> 2024-05-16T00:00:00+00:00 Copyright (c) 2024 Unisa Press Gukurahundi Crimes Against Humanity in Zimbabwe? An Evaluative Investigation 2024-04-23T08:00:51+00:00 Siphosami Malunga <p>Between 1983 and 1986, the Zimbabwean government deployed the 5th Brigade of the Zimbabwe National Army (ZNA) to the provinces of Matabeleland and Midlands in an operation known as <em>Gukurahundi</em>. The stated aim of the Brigade’s operation was to combat dissidents—armed groups of men, comprising former ZIPRA combatants who had deserted the ZNA alleging that they were being discriminated against and attacked within the ZNA. Also, there were allegations that some were even killed. Instead, the 5th Brigade committed heinous atrocities against civilians in the two provinces. Within six weeks of arriving in Matabeleland North, 2, 000 civilians had been killed. Thousands more were raped, tortured, enforcedly disappeared and their homesteads and property burnt and destroyed. In four years, an estimated 20, 000 people had been killed in an operation covering Matabeleland and Midlands. Despite being presented with documented evidence of atrocities, including through its own Chihambakwe Commission of Enquiry on the disturbances in Matabeleland, the government of Zimbabwe denied that its army had committed atrocities and refused to publish the Commission’s findings. A political settlement between ZANU and ZAPU in 1987 ended the atrocities. The perpetrators of atrocities were pardoned, and there was no accountability or justice for victims. This article examines the Gukurahundi atrocities and evaluates whether they meet the requirements of crimes against humanity (CAH) under international law. The article has three objectives. First, to provide an overview of crimes against humanity, including their origins and historical evolution and development. Second, to examine the contextual, physical and mental elements of CAH. Finally, to evaluate whether the Gukurahundi atrocities meet the legal requirements for the enumerated acts of crimes against humanity. The prohibition of CAH carries an international obligation to investigate, prosecute and punish the crimes. If the 5th Brigade is found to have committed CAH, the perpetrators are liable to be investigated, prosecuted and punished under international law.</p> 2024-04-26T00:00:00+00:00 Copyright (c) 2024 Unisa Press