RiA Recht in Afrika | Law in Africa | Droit en Afrique

Founded in 1973 in Heidelberg, Germany, the African Law Association has committed itself to the promotion of “African Law”, i.e. the various legal sources which were or are applicable on the African continent. The 200 members or the Association...

South African criminal law does not formally recognise a separate or distinct cultural defence despite the courts having had ample opportunity to consider doing so. A formal cultural defence could negate an accused’s liability for a so-called...

The African Commission on Human and Peoples' Rights recently published a general comment interpreting article 7(d) of the so-called Maputo Protocol. According to this article, the woman has a “right to an equitable sharing of the joint property...

The bank is a company with highly regulated conditions of creation and operation. Its creation is a legal process at two levels, including the creation of a commercial company first, and then the transformation of the company into a bank. The...

The glaring lack of employment opportunities in the Democratic Republic of Congo (DRC) has led to the conclusion of special employment contracts, including domestic work contracts. Today, there is a rapid development of labour contracts in Congolese...

Following the handshake between President Uhuru Kenyatta and his main contender Raila Odinga in 2018, the Building Bridges Initiative (BBI) was launched to unite the country and improve governance. As a main outcome, a proposal to amend the 2010...

The law of the Organization for the Harmonization of Business Law in Africa (OHADA) enshrines the principle of compulsory representation by lawyer before its High Court, the Common Court of Justice and Arbitration (CCJA). It follows from this...

Law No. 18–016 of July 09, 2018 (Democratic Republic of Congo) on the private partnership devotes a specific legal regime to the public-private partnership contract, which, being administrative in nature, strictly takes one of four forms:...

On 27th August 2020, the Kenyan Judiciary together with its partners formally launched the AJS Framework Policy and the AJS Baseline Policy (AJS Policy Frameworks) which coincided with the ten-year anniversary of the promulgation of the 2010...

The academic literature scarcely covers court cases from the Global South on climate change. Hence, this paper examines the impact of existing climate litigation on shaping Africa’s climate action and the role of courts in climate change...

In the quest for solutions to its persistent instability and the economic and social crisis, the Democratic Republic of Congo (DR Congo) is engaged in a regional integration process that challenges the idea of the African Economic Community. After...

This study traces the evolution of the CCJA case law on the principle of exemption from enforcement for public companies. It aims in particular to highlight the direction in which this case law is moving. It appears that the CCJA has so far not...

The African Union (AU), which succeeded the Organisation of African Unity (OAU) in 2002, is based on a strong legal and institutional framework that reinforces constitutionalism at national, regional and continental levels. This framework is a...

This article examines the African Union (AU) sanctions against unconstitutional change of government. It reviews the legal background to this phenomenon and finds that unconstitutional changes of government remain recurrent and widespread across the...