In April 1997 the South African Independent Complaints Directorate (ICD) commenced operations. Its functions are: (a) to investigate complaints in respect of allegations of criminal conduct or misconduct committed by members of the police service; (b) to investigate complaints lodged by a provincial executive concerning any alleged misconduct of, or offence committed by, a member of the police service; (c) to investigate any matter referred to it by the Minister of Safety and Security or any member of die Executive Council. The ICD is under a statutory duty to investigate all occurrences of deadis in police custody or as a result of police action. The South African Police Service is obliged to report such deaths to the ICD, provide it with information and co-operate with it. Its contact details are as follows: Independent Complaints Directorate, Private Bag X941 Pretoria 0001, South Africa. Tel: (27) 12 325 4242, Fax: (27) 12 325 4246.

The Arbitration Act, 1996, provides for the adoption of the United Nations Commission on International Trade Law (UNCITRAL) model law on international commercial arbitration as the law of Zimbabwe. The Act also gives legal effect to the 10 June, 1958, Convention on the Recognition and Enforcement of Foreign Awards to which Zimbabwe is a party.

The Constitution of Malawi provides for the establishment of an Office of the Ombudsman with power to investigate cases “where it is alleged that a person has suffered injustice” (article 123(1)). Several points of considerable interest as regards the operation of such an institution appear in the First Annual Report of the Ombudsman for the period 1 January, 1995 to 31 March, 1996.

The Choice on Termination of Pregnancy Act, 1996, greatly liberalizes the abortion laws. As is noted in its Preamble:

“This Act repeals the restrictive and inaccessible provisions of the Abortion and Sterilization Act 1975, and promotes reproductive rights and extends freedom of choice by affording every woman the right to choose whether to have an early, safe and legal termination of pregnancy according to her individual beliefs.”

During its 55th session, the UN Human Rights Committee examined a communication from Bernard Lubuto (Lubuto v. Zambia Communication No. 390/1990) alleging that his rights under the International Covenant on Civil and Political Rights had been violated. The author of the communication was arrested in February 1980 and sentenced to death on 4 August, 1983, for aggravated robbery. On 10 February, 1988, the Supreme Court dismissed his appeal. The author claimed that the death sentence imposed on him was disproportionate since no one was killed or wounded during the robbery. The Human Rights Committee also considered that die length of die proceedings against die audior might raise issues under Article 14(3)(c).

The Anti Money Laundering Act, 1996, makes money laundering an offence. Financial institutions are required to maintain identification and record-keeping procedures laid down by the Central Bank. Where transactions conducted by a financial institution give rise to suspicion that an offence of money laundering is being committed or is being attempted, the fact must be reported by the institution to the Central Bank. Where die Central Bank is satisfied on die information provided that any person has engaged or is engaging or is about to engage in money laundering, it must disclose the information to the Commissioner of Police with a view to a criminal prosecution.

In the Harare Commonwealth Declaration of 1991, Commonwealth Heads of Government committed themselves to the promotion of democracy and human rights, the rule of law, the independence of the judiciary, and just and honest government. They also agreed that the promotion of democracy, democratic processes and institutions would proceed in a manner which reflected national circumstances. This Roundtable provided Commonwealth African leaders with a forum in which to discuss their respective experiences of democratization since the 1991 Declaration and was a ground-breaking exercise, having no precedent in the history of the Commonwealth or any other comparable institution. In preparation for the Roundtable itself, representatives of both governing and opposition parties from 18 Commonwealth African countries met and agreed the following Report which seeks to crystallize the aspirations of the Harare Declaration.

On 16 April, 1996, the UN Human Rights Committee determined that the 1993 abduction of a military adviser to the then Prime Minister of Zaire, apparently by military intelligence forces, resulted in a violation of the victim's rights to liberty and security of the person under Article 9(1) of the International Covenant on Civil and Political Rights (N'Goya v. Zaire Communication No. 542/1993). It was also found that the victim had suffered cruel and inhuman treatment, in violation of Article 7 of the Covenant, in mat he had been prevented from contact widi his family and with the outside world.

Despite repeated requests to the State party for information concerning the matter, the Committee had received no response. As a result, the Committee made some forceful comments about the responsibility of State parties under the Optional Protocol:

In a referendum in August 1996, voters in The Gambia approved a new constitution. A full analysis of die document will appear in a later issue of die Journal.

The Banjul Protocol on Marks Within the Framework of the African Regional Industrial Property Organisation was adopted by the Administrative Council of ARIPO at its Seventeenth Session held at Banjul, The Gambia in November 1993 and the Regulations by the Administrative Council at its Nineteenth Session held at Kariba, Zimbabwe in November 1995. Parties to the Protocol, which came into force on 6 March, 1997, are Malawi, Swaziland and Zimbabwe.

The Fourth African Ombudsman Conference held in Khartoum, Sudan in September 1995 agreed upon the establishment of the Africa Ombudsman Centre to be based at the University of Dar-es-Salaam, Tanzania.

The aim of the Hague Conference is the progressive unification of the rules of private international law. Egypt and Morocco are the only African states out of the current 44-strong membership of the conference although several nonmember African states have acceded to the some of the 32 Hague Conventions. These cover a wide range of practical matters of procedure and evidence, jurisdiction, formalities and major aspects of technical co-operation.

Representatives of 13 African countries attended the first such conference in Cape Town, South Africa on 1–3 October, 1996. These were Botswana, Kenya, Lesotho, Malawi, Mauritius, Namibia, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. Representatives of several members of the Financial Action Task Force (FATF) were also present, namely Canada, France, Italy, Portugal, United Kingdom and United States.

Twenty-seven African countries are currently members of the World Trade Organisation. These are, with die date of acceptance:

During the 31 st Ordinary Session of the Organisation of African Unity summit, Heads of State adopted the African Nuclear-Weapon-Free Zone Treaty. Each State Party undertakes to (i) renounce nuclear explosive devices; (ii) prevent the stationing of nuclear explosive devices in its territory; (iii) prohibit the testing of nuclear explosive devices in its territory; and (iv) prohibit the dumping of radioactive wastes. Each party also undertakes to declare any capability for the manufacture of nuclear explosive devices; to dismantle and destroy any existing devices; to destroy facilities for the manufacture of nuclear explosive devices or, where possible, to convert them to peaceful uses.

On 29 May, 1996, the Governments of Botswana and Namibia jointly notified the Registrar of the International Court of Justice of a Special Agreement that was signed between them on 15 February, 1996, and which came into force on 15 May, 1996, for the submission to the Court of the dispute existing between them concerning Kasikili/Sedudu Island.