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Introduction: Forty Years on—A Re-Reading of African Law

Published online by Cambridge University Press:  28 July 2009

Peter Slinn ,
Simon Coldham  and
John Hatchard
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Extract

It is a happy coincidence indeed that in the 40th year of publication, the Editors of this Journal have had the privilege of publishing a liber amicorum for Professor James Read. In 1996 he retired from 40 years of teaching in the University of London, since 1974 as Professor of Comparative Public Law with special reference to Africa, a Chair which he retains in an Emeritus capacity. It has been a formidable task to attempt to do justice to the work of this “able, patient, effective and thoughtful scholar” (to adopt the words of two of our contributors) to African legal studies. However, this volume contains essays by colleagues and erstwhile students upon subjects which will at least in part reflect the richness and diversity of James Read’s interests.

Type
Articles
Information
Journal of African Law , Volume 40 , Issue 2: SPECIAL FORTIETH ANNIVERSARY NUMBER LIBER AMICORUM FOR PROFESSOR JAMES S. READ , Autumn 1996 , pp. 133 - 142
Copyright
Copyright © School of Oriental and African Studies 1996

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References

1 Below, p. 143.

2 McAuslan’s contribution appears below, p. 168. (For a historical discussion of legal scholarship in the common law countries of Commonwealth Africa, see Ghai, Y. P., “Law, development and African scholarship”, (1987) 50 M.L.R. 750.CrossRefGoogle Scholar)

3 See bibliography, below, p. 281. His first article appeared in 1959 and his most recent in 1991. Sadly, the Editors will need to call upon him in future for a further contribution on the tortured constitutional history of Nigeria, despite the hope expressed in [1991] J.A.L. 7Google Scholar that the introduction of the Constitution of the Third Republic, then expected in 1992, would establish a lasting constitutional order.

4 Below, p. 234, n. 4.

5 Published in Forsyth, C. F. and Schiller, J. E. (eds.), Human Rights: the Cape Town Conference, Cape Town, 1979.Google Scholar

6 [1993] J.A.L. 199Google Scholar. The note on McCabe v. McCabe was written by Gordon Woodman, also a contributor to this volume, below, p. 152.

7 James Read was Constitutional Adviser to the Government of Mauritius, 1973–92.

8 Below, p. 151.

9 Below, p. 152.

10 As is shown by Lee, J. M. in Colonial Development and Good Government, Oxford, 1967.Google Scholar

11 Below, p. 160.

12 Below, p. 168.

13 Below, p. 171.

14 Africa has been worst hit by the brain drain which has made the developing countries the biggest suppliers of qualified professionals to the industrialized world. It has been estimated that Africa lost 60,000 professionals between 1985 and 1990 and has since been losing an average of 20,000 annually. There are more than 21,000 Nigerian doctors practising in the United States alone. The Courier, No. 159, September/October, 1996, 59.

15 Below, pp. 188–89.

16 For details of the records of African states in relation to human rights instruments, see Hatchard, J. [1992] J.A.L. 186Google Scholar, [1993] J.A.L. 108Google Scholar and [1994] J.A.L. 61.Google Scholar

17 Quoted below, p. 190.

18 Below, pp. 148 and 194.

19 Below, p. 204.

20 Quoted below, p. 195.

21 “A milestone in the integration of personal laws: the new law of marriage and divorce in Tanzania”, [1972] J.A.L. 19.Google Scholar

22 [1959] J.A.L. 39.Google Scholar

23 Below, p. 206.

24 Floor-crossing has proved a constitutional hot potato in nearby Zambia, see [1996] J.A.L. 115.Google Scholar Another measure designed to promote the accountability of MPs provides for the recall of members by their constituents. The provision in the 1994 Malawi Constitution providing for this right of recall was removed by the Constitution (Amendment) Act, 1995, s. 5.

25 S. 21 of the Constitution (Amendment) Act, 1995 provides that the Senate shall not be established before the end of May 1999.

26 Wanda served as co-chairman with Mr Justice Michael Kirby, then President of the New South Wales Court of Appeal, of the conference convened by the National Consultative Council to prepare the way for the 1994 interim constitution. See Kirby, M., “Malawi: the arrival of multi-party democracy”, (1994) 20 C.L.B. 675.Google Scholar

27 Below, p. 225.

28 Below, p. 225.

29 Below, p. 233.

30 Africa Confidential, 19 07, 1996, Vol. 37, No. 15, 5–6.Google Scholar

31 Below, p. 238.

32 Below, p. 240.

33 Quoted below, pp. 251.

34 Below, p. 255. Judges must also be cautious in letting their views known outside the courtroom. As the Chief Justice of Tanzania has written, “in Tanzania … one judge has unwittingly allowed himself to be so outspoken to the extent that he has made his position in future adjudication of certain issues known in advance, with the inevitable result that the Attorney-General has successfully requested the judge to disqualify himself from hearing if a specific case concerning the constitution of the United Republic of Tanzania”: Nyalali, F. L., “Ethics and accountability of the Judiciary”, (1996) 11(3) Commonwealth Judicial Journal, 7.Google Scholar

35 Below, pp. 256–57.

36 Below, p. 208.

37 Art. 79(3), Constitution of Zambia, 1991.Google Scholar

38 Below, p. 273.

39 Zambia: Democracy on Trial: Report of a Mission by the Non-Governmental Commonwealth Human Initiative, New Delhi, 1996, 26 and passim.Google Scholar