African Journal of Legal Studies

Abstract The liberalisation of telecommunications sectors in many countries has brought with it the need to regulate and develop regulatory models for competition. South Korea and Nigeria followed the liberalisation trend of the telecommunications markets in late 1980s and 1990s. Both countries have also established competition laws and adopt various regulatory models. This paper, through a comparative analysis, examines how both countries regulate competition in their telecommunications markets. It argues that their regulatory models have merits and demerits which may affect efficient regulation of competition in the industry. It concludes that notwithstanding the pros and cons of their regulatory models, the regulatory choices are tailored to meet the peculiarities of their markets and reflect the environment in which they are used. Also, the Nigerian model reflects its slow level of telecommunication development and the more sophisticated the industry becomes, it becomes imperative for its regulatory regime to become sector-specific.

Kalu Kingsley Anele

Wiseman Ubochioma

Regulation of Competition in the Telecommunications Sector: A Comparative Study of the Korean and Nigerian Legal Regimes

电信行业竞争的监管：韩国与尼日利亚法律制度的比较研究

Abstract This article investigates the developments in the social justice function of clinical legal education in African countries. It is based on a systematic review conducted to provide conceptual, methodological and thematic guidance into scholarship on the utilisation of clinical legal education in African countries to meet justice needs of the indigent in society. The results are analysed and clustered into themes about scholarship on the law school, the university law clinic and challenges encountered in this endeavour. The narrative findings suggest an increased application of clinical legal education as a result of reforms in African law schools although this increase is not supported by a corresponding increase in related research and publication. The article therefore highlights gaps in knowledge and delineates a future trajectory by making suggestions for further research.

Anne Kotonya

A Review of the Social Justice Function of Clinical Legal Education in Africa

非洲临床法律教育社会正义功能评述

Julia Janewa Osei-Tutu

Editor’s Note

编者按

Abstract In South Africa, a number of obstructions exist to realising the right to access to justice as enshrined by section 34 of the South African constitution. Globally, many countries grapple with access to justice due to a number of multi-layered and complex causes. This article explores traces, connections, definitions and perceptions related to access to justice so as to allow for a deeper understanding of persisting justice problems. It employs a multi-disciplinary approach that examines worldviews on access to justice in South Africa through the lens of what Sohail Inayatullah terms ‘other ways of knowing’. These worldviews are also considered through the framework of the ‘ethic of care’ as formulated by Carol Gilligan and connected to the notion of ‘complexity’ as understood by Yvonne Malan and Paul Cilliers. The worldviews explored represent ‘different voices’ that discloses a possibility for a future of justice inclusion. The article calls for a people-centred approach to access of justice, underpinned by notions of humility, complexity, concreteness, and particularity.

Jackie Nagtegaal

Yvonne Jooste

A Future of Justice Inclusion: Examining Access to Justice in South Africa through the ‘Ethic of Care’ and ‘Complexity’

正义包容的未来：通过“关怀伦理”和“复杂性”审视南非的司法准入

Abstract Long before the inclusion of bills of rights in written constitutions, the common law had great regard for the personal liberty of the individual. This was realised through the writ of habeas corpus which was available to protect anyone unlawfully deprived of their liberty. This ancient writ has not only survived at common law; it also remains active in contemporary judicial pronouncements. The writ has received acceptance by modern constitutions in different countries as a fundamental right enforcement process. This article examines the judicial application of that process in Lesotho within the constitutional framework of the protection of the right to personal liberty; depicting the acceptable parameters as would make the reliance on that process by individuals and the courts a more effective tool in affording reliefs to persons who are deprived of their constitutionally protected personal freedom.

Chuks Okpaluba

Anthony O. Nwafor

Habeas Corpus as a Remedy for Deprivation of the Right to Personal Liberty: Contemporary Developments in Lesotho

人身自由权利剥夺的救济：莱索托的当代发展

Abstract The June 2023 elections in Sierra Leone occurred against the backdrop of amendments to the Public Elections Act ( pea ), the enactment of the Gender Equality and Women’s Empowerment Act ( gewe ), and a switch from the First Past the Post ( fptp ) electoral system to the Proportional Representation ( pr ) electoral system. For the first time in Sierra Leone’s history, law reforms, among other things, introduced a 30% gender quota rule for parliamentary and councillorship seats. After the 2023 elections, women won 41 out of the 135 elected parliamentary seats, increasing the percentage of women parliamentarians from 12.32% in the 2018 elections to 30.37%. Despite the increase, there have been concerns about the overall effectiveness of the gender quota rule in facilitating women’s access to parliamentary seats. The gender quota rule is set below 50%, is not accompanied by the candidates’ ranking order, does not apply in the election of 14 paramount chiefs, and operates within poor data desegregation of the candidates. This article highlights the required reforms to address the identified legal challenges to facilitate women’s equal access to representation in Sierra Leone’s Parliament.

Victoria Melkisedeck Lihiru

The 30% Gender Quota Law in Sierra Leone: A Game Changer for Women’s Access to Parliament?

塞拉利昂30%性别配额法：女性进入议会的游戏规则改变者？

Isolde de Villiers

South African Handbook of Agency, Freedom and Justice: Citizens in Conversation: Volume 1, edited by Muxe Nkondo and Reuel Khoza

南非《代理、自由与正义手册：公民对话》：第1卷，穆克·恩孔多和鲁尔·科扎编

Abstract The investigatory framework of cybercrime is as essential as the legal and institutional framework governing cybercrime. This article argues that an effective investigation process is fundamental to the effective prosecution of cybercrime offences. Cybercrime investigation involves digital forensics, intelligence gathering, lawful interception, and use of communication data and internet networks. At its core, cybercrime investigation necessitates a comprehensive cybercrime investigation framework backed by a legal framework that ensures effective evidence collection, preservation, and analysis. This article evaluates the cybercrime investigation structure in Nigeria and highlights the gaps in Nigeria’s regulatory framework. It identifies the challenges that hinder Nigeria’s successful investigation and prosecution of cybercrime offences. The study adopts a comparative methodology by juxtaposing cybercrime investigation in Nigeria with the law and practice in the United Kingdom (UK). The UK has a robust cybercrime investigation framework, strengthened by its Cyber Security Strategy 2022. The findings show that, unlike the UK’s Regulation of Investigatory Powers Act, 2000 and the Investigatory Powers Act, 2016, the Nigerian Cybercrimes (Amendment) Act, 2024, the Administration of Criminal Justice Act, 2015 and other laws, are silent on essential investigatory initiatives, steps and specialised powers. The study proposes a practical cybercrime investigation framework to implement Nigeria’s effective prosecution of cybercrime offences.

Ifeoma E. Nwafor

Cybercrime Investigation and Prosecution in Nigeria: Bridging the Gaps

尼日利亚网络犯罪调查与起诉：弥合差距

Abstract This article focuses on the impact of land investments in Mozambique. It examines the effects these land investments are having on local people’ access to food and sustenance, culture, land and water, and political engagement in some Mozambican provinces and areas. The next section critically evaluates whether human rights related to the aspects are being violated, as well as Mozambique’s legal obligations under both local and international law. The main goals are to alert the academic community to the negative impacts that land grab and investments have on local populations in Mozambique and to explain how these activities can be effectively stopped by using the normative framework now in place on human rights. It argues that foreign companies and investors in Mozambique are causing significant negative impacts on local communities, including livelihood, food, culture, land, and political participation. These issues are already protected by human rights law, and effective protection by the state could help combat land grabbing. Mozambique’s judiciary, civil society, and human rights institutions should work together to prevent local communities from being harmed.

Bhavna Mahadew

An Assessment of the Impact of Corporate-Driven Foreign Land Investments on Selected Human Rights in Mozambique

莫桑比克企业驱动型外国土地投资对选定人权影响的评估

Abstract This article explores when constitutional damages can and should be awarded in South African law. The history of the divergence between common-law damages and constitutional damages (and the uncertainty that might arise about which type of damages a victim of an injury ought to pursue) is explored. Thereafter, a critical and constructive interpretation of the case law on constitutional damages is provided, which sets the scene for a precedent-inspired three-step approach to constitutional damages adjudication. This approach is then defended as a transformative constitutional one which squares easily against the notion of constitutional adjudicative subsidiarity.

Emile Zitzke

Constitutional Damages in South Africa: A Transformative Approach

南非的宪法损害：一种变革性的方法

短名	Afr. J. Leg. Stud.
Journal Impact	0.26
国际分区	LAW(Q4)

ISSN	1708-7384, 2210-9730
h-index	12

涉及主题	政治学法学经济社会学国际法政治哲学生物历史地理人权业务计算机科学考古心理学生态学
出版信息	出版商: Brill Academic Publishers，出版周期: ，期刊类型: journal，开源期刊: 否
基本数据	创刊年份: 2011，原创研究文献占比: 96.43%，自引率:0.00%， Gold OA占比: 6.45%

African Journal of Legal Studies

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