This article sets out to examine the legal aspects of the African refugee problem. The article has been divided into five broad sections. Part one deals with an overview of the refugee problem in Africa. The authors discuss the scope and nature of the African refugee problem. This also touches upon the rationale for refugee protection. The second part deals with legal framework of refugee protection in the African context both at international and national levels. This discussion paves the way for the third part which explores the significance of the legal framework for protecting African refugees. An attempt is made to discuss the essence as well as the significance of specific rights accorded to refugees, and the extent to which such measures are commensurate to the goal of maximising human rights of refugees in the African context. The fourth and fifth parts deal with pending issues in the regime of legal protection, and conclusions and recommendations respectively. While the recommendations and conclusions are drawn from the African experience, there can be no doubt as regards their relevance to similar situations elsewhere.
Throughout South Africa, urban blacks live in segregated residential areas generally known as 'locations' or 'townships'. The growth of large, modern towns in South Africa represents one of the major aspects of the revolutionary changes now overtaking all African society. Yet despite the need for it, there has been remarkably little research on problems of justice in African urban areas. As a field of study it is still largely virgin territory in which much preliminary spadework has yet to be done. The present study, which was confined to Mamelodi township outside of Pretoria in the Republic of South Africa, is essentially exploratory in nature. The authors have tried to set out some of the salient ideas which have emerged from their findings which may be relevant to the general understanding of the social organisation of justice in urban African communities.
Literature on the "colonial situation" in the Third World and elsewhere abounds with discussions of the imposition of law and its institutional and normative effects.It has been posited in the literature that the process of legal imposition common to the Third World was characterised by the following elements: (a) the cultural, commercial and military penetration of native territories, (b) the destabilisation of native societies and governments by encouraging factionalism and/or manipulation of existing factionalism, (c) the creation of surrogate native governments, the domination and weakening of traditional authorities through a system of treaties, courts and civil service, (d) and the resocialisation of the entire native population to the acceptance of the authority of these institutions as well as the authority of the colonial and native bureaucrats. This article seeks to examine the process of legal imposition in Swaziland and to determine the extent to which the Swazi experience conforms to the popular model of external imposition. This analysis attempts to show that though some of the common elements in the process of legal imposition were present in the Swaziland situation, it nonetheless presents a deviant example as shown in this article.
The new United Nations Convention on the Law of the Sea has radically reformed the regulation of research concerning the continental shelf, which is the marine area that attracts the greatest scientific interest. Scant academic comment has been evoked. This paper endeavours to determine the present position in terms of the 1958 Continental Shelf Convention and to anticipate the implementation of the United Nations Convention on the Law of the Sea.
Due to its increased incidence in modern times, adoption has assumed an importance in the law of persons almost equal to that of parental power - which it indeed purports to bestow on the adoptive parents. Adoption affects three sets of persons: adopted children; adoptive parents; and the natural parents. The legal issues involved concern both substantive law and the conflict of laws. As regards the latter conflicts may again arise between the conflicts rules themselves. For instance, the lex adoptionis may conflict, or appear to conflict, with the lex stlccessionis. There are few, if any, legal systems which can boast of an adequate treatment of the respective conflicts problems. The South African system too, is not free of these problems, as explained in this article.
In this contribution the current legal developments in Bophuthatswana, Botswana,Ciskei, Malawi, South Africa, South West Africa, Swaziland, Transkei, Venda, Zambia and Zimbabwe with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.