Rwanda, since the genocide of 1994, has had immense difficulty in dealing with the past. It has pursued the model of prosecutions without being able to bring many of the alleged perpetrators before the courts. The article examines why this is so, as well as the political situation in Rwanda in the context of the country's human rights record, to determine whether sufficient weight is being given to truth, reconciliation, peace and stability. The proposed new gacaca community courts are examined to determine whether the stated government intention of using these structures to deal with genocide cases outweighs the potential problems they may cause. The article suggests that as so many years have elapsed since the genocide of 1994 that the authorities cannot, and should not, seek to prosecute all those accused of participating in the slaughter because attempting to prosecute all those in detention may cause more harm than good.

This article is in two parts. The first part analyses, and largely applauds, the Corrupt Practices and Other Related Offences Act, 2000, the latest in a series of enactments designed to curb corruption in Nigeria over the last thirty years. The second part looks at the social environment within which corruption operates. It points out that in the past the environment was such that anti-corruption measures were bound to fail, but it concludes, in optimistic vein, that the recent return to civilian rule has created a climate in which the new Act is likely to have an effect in the fight against corruption.

The Promotion of Equality and Prevention of Unfair Discrimination Act in South Africa seeks to make the constitutional prohibition of discrimination as effective as possible. The achievement of this aim is, however, likely to be frustrated by several factors, including the legacy of apartheid, deficiencies in the formal statutory guarantees and the judicial interpretation of these, and the lack of effective enforcement mechanisms. As a result, the attempt to clamp down on racial discrimination has removed from the constitutional guarantee much of its potential force.

The former (and late lamented) Chief Justice of South Africa, Justice Ismail Mohammed, once observed that:

“The constitution of a nation is not simply a statute which mechanically defines the structures of government and the relations between the government and the governed, it is a ‘mirror of the national soul’, the identification of the ideals and aspirations of a nation, the articulation of the values binding its people and disciplining its government.”

Further, as van der Vyer has warned, “. . . a superimposed constitutional formulae or constitutional arrangements that . . . do not address the real causes of discontent, are sure to generate their own legitimacy crisis.” It follows that the development of an appropriate procedure for constitution-making is of the greatest practical importance. This short comment seeks to examine critically the much-publicized efforts in Zimbabwe to develop a new autochthonous constitution and to draw some lessons therefrom.

DEFINING THE LIMITS OF PERMISSIBLE EMPLOYMENT DISCRIMINATION AGAINST PERSONS LIVING WITH HIV/AIDS IN SOUTH AFRICA: HOFFMAN V. SOUTH AFRICAN AIRWAYS [2000] 12 BLLR 1365.

Perhaps the most positive and exciting aftermath of the apartheid era is the construction of the new South Africa upon the foundation of a Constitution and other legal instruments that are unanimous and unambiguous in two respects. The first is in their proscription of unfair discrimination and the second is in their permission of statutory and other measures aimed at eliminating the effects of past discrimination on those groups of persons who were at the receiving end of same. The provisions of these instruments as well as their tenor and spirit reveal an unmistakable national resolve to break from a culture of racial discrimination to a constitutionally protected culture of human rights for South Africans of all ages, classes and colours. Without doubt, the most important of those provisions is the equality clause of the Bill of Rights contained in the second chapter of the Constitution. This probably follows from a realization of the fact that equality is fundamental to “the maintenance and propagation of human rights in a democratic body politic, particularly in an acutely divided society” such as South Africa.

LAND ACQUISITION AMENDMENT ACT, 2000 (ZIMBABWE)

Since Zimbabwe became independent in 1980 the issue of land reform and, in particular, the issue of land acquisition and redistribution has seldom been off the political agenda. For the first ten years of independence there were constitutional constraints on the acquisition of land for resettlement purposes, but the National Land Policy of 1990 set out plans for an accelerated programme of resettlement. In order to achieve its ambitious targets the government of Zimbabwe saw the need to strengthen its powers of compulsory acquisition both by amending section 16 of the Constitution (which provided strong protection against the compulsory acquisition of property) and by enacting the Land Acquisition Act to provide a statutory basis for the new policy. These reforms were extremely controversial both inside and outside the country and a clause excluding the right to fair compensation for expropriated land was dropped partly in response to international pressure.

CHALLENGING RESTRICTIONS ON THE RIGHT TO PROTECTION OF THE LAW IN ZIMBABWE.

In June 2000, a general election was held in Zimbabwe. Of the 120 common roll constituencies, 62 were won by the ruling party, ZANU(PF) and 57 by the Movement for Democratic Change (MDC). The MDC alleged that the general election campaign was marred by widespread violence, intimidation and illegal practices. As a result proceedings were instituted in the High Court challenging the outcome of the electoral process in 37 constituencies. The hearings were due to commence in January 2001. On 8 December the President issued the Electoral Act (Modification) (No. 3) Notice, 2000 (SI 318/2000), which purported to justify the validation of the election results by reference to a series of assertions.