This article examines threats to adolescents' lives and health arising as a result of the lack of access to contraceptive information and services. It then considers the health benefits of ensuring access to contraceptive information and services for adolescents in Africa. More importantly, the article discusses certain barriers to access to contraceptive information and services and the implications for the human rights of adolescents. The article concludes that in line with their obligations under international law, African governments will need to do more with regard to meeting the sexual and reproductive health needs of adolescents in the region.
In order to minimise global tax exposure, taxpayers involved in international trade often invest in low tax or offshore tax-haven jurisdictions which promote secrecy in investors' financial affairs. Often this secrecy prevents other countries from finding out and thus taxing the business actives of their residents who invest in those jurisdictions. In this paper the schemes involved in secret offshore tax shelters are exposed. It is argued that although the international community has come up with some measures to curtail offshore secret tax shelters and although some countries have enacted legislation to prevent the resultant tax loss, there is still a lot of revenue lost by many countries due to the secrecy involved. Considering the recommendations of some international bodies and other countries' initiatives, this article analyses the effectiveness of South Africa's policies in addressing this problem.
The African continent has been besieged a by vast range of problems in modern times. These include abnormally high levels of poverty; incessant outbreaks of war; ineptitude of its leaders and their reluctance to relinquish power; corruption; and persistent under-development. These problems stem principally from the failure of good governance on the continent. It is further exacerbated by the inability of the law to rule, and to provide a conducive environment for growth and nation building. This article traces one of the reasons for the continued failure of the rule of law in Africa to the foundational law in most African countries, the constitution, and in particular, the way in which the constitution is made.
Liens are classified differently in diverse legal systems. The classification of a lien points towards the specific operation thereof. In South African law we distinguish between enrichment liens (real liens) which are regarded as real rights and debtor-creditor liens which are regarded as personal rights. The Dutch law, on the other hand, no longer distinguishes between zakenrechtelijke retentierechten (real liens) and verbintenisrechtelijke retentierechten (debtor-creditor liens). All liens are classified as opschortingsrechten with real operation. Scots law distinguishes between general and special liens and all liens are classified as real rights. A lien is an important and powerful legal remedy and a form of security. Liens are very important in modern day South Africa where access to courts are expensive and time consuming. In this article I look at certain conceptual foundations of liens in South African law, Dutch law and Scots law.
This article compares the legal principles governing the sentencing of murderers in terms of the laws applicable in South Africa, Botswana and Germany. Considerable differences in the typical sentences are noted, ranging from the death penalty, to terms of imprisonment, with further differences in the length of the sentences that are served. The last part of the article argues that this situation is contrary to the concepts of human dignity and equality, as understood in terms of international human rights principles.
Cyber crime is thriving on the African continent. The increase in broadband access has resulted in an increase in internet users. Thus, Africa has become a 'safe haven' for online fraudsters. African countries are pre-occupied with pressing issues such as poverty, the Aids crisis, the fuel crisis, political instability, ethnic instability and traditional crimes, such as murder, rape, and theft. As a result, the fight against cyber crime is lagging behind. The lack of IT knowledge by the public and the absence of suitable legal frameworks to deal with cyber crime at national and regional levels have compounded the problem.
However, attempts are being made by some African countries to address cyber crime. The South African government has taken the lead in introducing cyber legislation to address cyber crime. The ineffectiveness of the South African common law to combat cyber crime, led to the promulgation of the Electronic Communications and Transactions Act 25 of 2002 (ECT). Although South Africa has adopted the Council of Europe's Convention on Cyber Crime CETS N0 185 (CECC) it has not ratified the treaty. Other African countries such as Botswana, Kenya, Uganda and Cameroon have also taken steps to introduce cyber legislation and build regional partnerships to combat cyber crime. This is commendable. However, it is recommended that all African countries should adopt and ratify the CECCC to avoid becoming an easy target for international cyber crime.