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

Civil society plays an important role in checking government excesses. It is necessary for accountable and transparent governance. Nevertheless, the environment in which civil society operates across the globe is constantly shrinking. This paper...

Despite sharing the same tradition, regulations for Limited Companies vary throughout the East African Community - and continue to part even further. What the Partner States have in common, however, is their proclivity for keeping foreign companies...

The Constitutional Court of the Democratic Republic of Congo has delivered its judgment of 21 November 2015 seeking to interpret a judgment of 8 September 2015 in which it had ordered the Government to take ‘exceptional transitional measures’ in...

Comparative law has always been an important tool in the formation and development of the South African rule of law. The perspective of South African comparative law has changed significantly over the past decades. Whereas foreign jurisprudence had...

The Nigerian Marriage Act 1914 provides certain preliminary formalities which a prospec- tive couple should comply with before celebrating statutory marriage. An examination of the reported decisions shows that the Act’s potency is whittled down...

To be characterized as a crime against humanity under Article 7 of the Rome Statute, any act referred to in that provision must be committed as part of an attack against any civilian population. This last requirement is included in the legal...

In February 2016 seven German judges and public prosecutors of the judiciary of Baden- Württemberg and Rheinland-Pfalz had the great opportunity of a ten-day-visit to either Rwanda or the Democratic Republic of Congo (DRC) and a joint conference on...

After Stuttgart (Germany) and Lubumbashi (Democratic Republic of Congo - DRC) meetings, another round of conference was organized by the Robert Bosch Foundation, in collaboration with the African Law Association (Germany), in Nairobi (Kenya), from...

This article examines the extent to which the legal and management framework governing the rapidly developing oil and gas industry in Tanzania provides access rights to key stake- holders. The focus on management and access rights has been confined...

Adopted in institutional pain and popular protest, the Congolese Constitution of 6 Novem- ber 2015 raises some fundamental problems. Indeed, its transitional measure establishes a kind of constitutional dualism, maintaining the institutions created...

The paper deals with arbitration law in Ivory Coast and is mainly based on interviews with the most important authorities in this field. After a short introduction into the OHADA legal system the two main arbitration centres of Ivory Coast are...

The Kenyan market is one example of business opportunities in Africa. Kenya shows notable improvements in terms of business-related reforms while being in continuous need of investments in the energy and infrastructural sector. Still, many European...

This article argues that land dispossession of the indigenous people (the Khoikhoi and the San) and the black communities in South Africa started long before 1913. The first process of land dispossession commenced when the first Dutch settlers...

Five years after the coming into force of the East African Community Common Market (CMP), the Partner States of the East African Community (EAC) are now determined to move to the second round of negotiations aimed at achieving a progressively higher...

This commentary examines the meaning of the International Criminal Court’s (ICC) Decision of 13 June 2015 on the particular point of the theory of implicit waiver by the Security Council of personal immunity of a sitting head of state not party to...

Our study deals with the carrying out of the medical contract in the maternity of the Jason Sendwe General Hospital in Lubumbashi. The enforcement of the medical contract conveys a notable discrepancy between what is in reality and what should come...

Labour law in Tanzania, deriving their legitimacy from the Constitution of the United Republic of Tanzania 1977 which prohibits gender based discrimination and guarantees equality between men and women, provides for well lettered women’s rights....

This article examines the management of internal displacement in Nigeria using the Kampala Convention as a guide and defines key concepts for a better understanding of the issues under consideration. This paper also examines the history and causes...

Kenya is a former British colony that attained internal self- rule on 1st June, 1963 following negotiations between Kenyan leaders and the then British colonial government at Lancaster House. Negotiations had taken place for a period of three years,...

The Economic and Monetary Community of Central Africa, in acronym EMCA, was born in replacement of the Custom and Economic Union of Central Africa (CEUAC), from a treaty signed on 16 March 1994 in Ndjamena, Chad, by the heads of states and...

The paper focuses on constitution making as part of broader Rule of Law (RoL) frames in emerging South Sudan where negotiations on the mode of statehood are on-going by multiple actors with different claims of authority. The RoL comes with the...

As the State seeks to move away from the ‘willing buyer, willing seller’ approach to determining compensation for expropriations in the context of land reform, the Property Valuation Act has been passed. It proposes determining compensation for...