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African Court Coalition 1
This community provides information on the forums and events organized by the African Court Coalition
Court Publications 28
Forums / Conferences 1
General 24
Multimedia 2

Recent Submissions

Factors Influencing Access to Electronic Government Information and E-Government Adoption in Selected Districts of Tanzania
(University of South Africa, 2011) Komba, Mercy Mlay
E-government is a means of improving provision of government information and services to citizens. The aim of this study was to investigate the current situation and factors influencing access of e-government information and e-government adoption in Tanzania. A triangulation approach for data gathering was adopted. Specifically, a semi-structured questionnaire was used to collect data from 448 respondents. In addition, interviews involving five policy makers were conducted to complement the questionnaire survey. Factor analyses were performed and multiple linear regression analyses were carried out to assess the relationships between variables. The findings revealed that, the current state of e-government in the selected districts of Tanzania is characterized by web presence stage. Various enhancing factors and challenges for e-government were noted in this study. The enhancing factors include necessary knowledge, necessary resources, awareness, confidence to use the website, availability and reliability of internet connections, positive incentives that have resulted from using the internet to search for government information, and getting information on demand. Other enhancing factors are guidance for internet use, possession of ICTs, availability of up-to-date information in the website, education, income and social influence. There are some e-government adoption barriers that include worrying about security and privacy of information, lack of support from the government, unreliable power supply, inaccessibility of internet services due to geographical locations, and people not getting as much information about the services as possible. Other barriers are system quality, cultural barriers, age, and information content produced in English, which is a language that the majority do not understand. The study has implications for policy makers and to e-government project teams. Policy makers should consider e-government adoption barriers in order to formulate policies of eliminating them. Likewise, e-government project teams should consider these barriers in order overcome them before the implementation of e-government systems.
The Ecowas Court, Activist Forces, and the Pursuit of Environmental and Socioeconomic Justice in Nigeria
(York University, 2017) Okechukwu, Emmanuel Effoduh
The thesis has two objectives. The first (and central) objective is to examine the Community Court of Justice of the Economic Community of West African States, or ECOWAS Court (a sub-regional international court in West Africa), and its role within the West African region, especially how the Court has served as a resource for the Activist Forces that operate in the sub-region, in their pursuit of Environmental and Socioeconomic Justice in Nigeria. The second goal of this thesis, which is ancillary to the first, is to investigate the Court’s jurisprudence in three landmark cases: SERAP v. Nigeria & Anor (2010); SERAP v. Nigeria & 8 Ors (2012); and SERAP & 10 Ors v. Nigeria & 4 Ors (2014). The purpose of these case studies is to advance the first thesis objective by analyzing how the ECOWAS Court has advanced the justiciability of environmental and socioeconomic rights despite domestic limitations. This is significant for poor and marginalized populations e.g. those in the Niger Delta region of Nigeria where natural resource extraction has for decades been largely unfavorable to the wellbeing and development of the people. This thesis contributes to the legal literature on human rights systems in Africa by analyzing how the norms, processes and creative spaces made available by the ECOWAS Court has contributed to the struggles waged by local activist forces in Nigeria. In the process of developing this analysis, it deploys theories propounded by several quasi-constructivists, particularly Okafor’s theory of “correspondence”, a unique model for estimating the extent of the “internalization” of human rights norms without abandoning the regular “compliance” model for assessing the fulfillment by states of their international human rights law obligations.
The Death Penalty in Africa
(National University of Ireland, 2011) Karimunda, Aimé Muyoboke
This study begins by addressing the issue of the death penalty in Africa prior to foreign legal influences. An Africanist view exhorts retentionist countries to repeal the death penalty simply because it is an imperialist legacy. The argument opposes those who contend that abolition is un-African. Retentionists retort that the death penalty is rooted in the culture and religion of Africans and abolitionist arguments are dismissed with charges of neocolonialism. Establishing the deliberate exclusion of the death penalty in traditional Africa goes beyond abolition. It also implies that although painted as repugnant, primitive and savage, indigenous laws were imbued with more human values than Asian and European laws which influenced, accommodated and later suppressed them. This study has found no definitive conclusion to this conundrum. In most organized states the death penalty was imposed for several offences. In other states, some of them strongly centralized as well and among numerous Bantu tribes, homicides were redressed by compensation. Tribes with no death penalty were compelled by catechist preaching and often by sword to convert to foreign religions that had a passion for retaliation. Later African people were barricaded inside arbitrary boundaries established by the colonizer who applied the death penalty without distinction to those who were used to it and those who had rejected it due to its outrageous effects. Whether provided for by foreign religious or secular laws, the death penalty served and continues to serve the same purpose, political domination. All African independent leaders retained the death penalty primarily as a response to any challenge to their authority. In other words, they maintained the status quo. Thus, instead of being a neo-colonial dictate, abolition is one of the steps towards a complete political independence. Politicians have used the death penalty in order to secure their insolvent regimes. Abolition has often corresponded to moments of liberation from tyrannical regimes. Therefore, the more Africans embrace democracy and dispose of their predators, the faster the movement of abolition will be. Resistance to abolitionist calls is already crumbling and it is anticipated that the Arab awakening will increase chances of abolition in African Islamic states. That alone would marginalize remaining retentionist countries.
Customary Law of Succession and the Influence of Colonialism: The case of Kenya, Uganda, and Tanzania, compared to the English Law of Succession
(University of Pécs, 2023) Kodiyo, Kenneth Kaunda
In the context of the Western legal system, inheritance, and succession are legal areas governing the distribution of a deceased person's assets after their death. However, in African customary law, these terms have distinct meanings. In African customary law, inheritance involves bequeathing a deceased person's property to their heirs, either in accordance with a will (testate) or common laws when no will exists (intestate succession). In contrast, succession primarily involves assuming the deceased's social role and power over the people and possessions they ruled. Customary succession laws outline rules for handling the property, titles, and succession of the deceased, typically the family head. African countries often have multiple legal systems, including indigenous/customary laws, religious laws, and received laws introduced by colonizers. Indigenous laws are rooted in the customs and traditions of native populations and vary among ethnic groups. These laws predominantly govern personal matters like marriage, succession, and traditional leadership. However, customary laws have faced criticism for discriminating against women, as they often favor men and consider women as property. Many African nations have enacted constitutions guaranteeing equality before the law and prohibiting discrimination. The study focuses on the impact of English laws on customary intestate succession in Kenya, Uganda, and Tanzania, and women's rights in these systems. The research objectives include: a) Investigating customary and intestate succession rules in each country. b) Assessing the role of courts and government bodies in interpreting customary laws in line with constitutional principles. c) Analyzing how the written constitutions of these countries have influenced customary laws, particularly in intestate succession. d) Examining the potential for existing laws to eliminate discrimination in succession. e) Evaluating the influence of English and colonial laws on East African customary succession laws. The research scope is limited to these three East African countries due to their colonial history, legal pluralism, and constitutional guarantees of equality. The study does not delve into specific tribal laws but focuses on customs generally. The legal framework for this research includes the Constitution, legislation, common law, case law, and customary law. Customary law, influenced by custom and tradition, played a significant role in pre-colonial African societies and is recognized in the constitutions of these countries. However, it must align with constitutional and written laws to be valid. Customary law is characterized by its oral nature, community-based practices, and role in expressing communal values. It evolves over time and aims to maintain social order and harmony within communities. In summary, this research explores the impact of colonialism and English law on customary intestate succession in East African countries and examines women's rights within these legal systems. It delves into the legal framework, sources of law, and attributes of customary law in these nations.