The phenomenon of ethnicity is being declared by many to be the cause of all the problems of Africa, especially those of violent conflict. Some salient examples are Rwanda, Burundi and Kenya. While in many cases ethnicity and ethnic-based antagonisms have indeed been a factor in conflicts and have often been suppressed within the structures of the post-colonial states (with their seemingly sacrosanct boundaries), the political relevance of the phenomenon has varied widely. In the political system and the laws of an African country, however, ethnicity seldom received official recognition.

It is matter for debate whether there has been an evolution of medical malpractice law in South Africa, as the term implies progressive change and many would argue that South African law in this regard has changed very little over a long time. There have been changes in medical law, such as the development of the doctrine of informed consent, where there has been a shift from an overtly paternalistic approach in terms of which the patient was expected to make a choice based on the information (if any) that the doctor chose to reveal, to the current position that the patient is an autonomous subject and therefore is entitled to be fully informed and, on the basis of that information, to make the final choice regarding treatment.

The countries of Southern Africa are organized under the Southern African Development Community (SADC). They share a common social and cultural affinity, a common historical experience of colonization, and common problems and aspirations. One of their shared problems is crime, both within and across their borders. Cross-border crime is facilitated by their common and often long and open borders, the affinity of their peoples, the improved transport systems by road, rail, air and sea, and die concomitant heavy traffic of persons and goods between the common borders. Regarding this traffic, moves are already under way to make it even easier by progressively eliminating all obstacles to movement of persons within the region. It is believed that individuals are both agents and the ultimate beneficiaries of regional co-operation. Said Dr Kaire Mbuende, the Executive Secretary of SADC: “We do not see how else the SADC can come into being unless the people of the region are able to interact freely across national borders, to share their skills, experiences and resources”. This freer movement of persons within the region will also inevitably mean the freer movement of criminals and contraband across the borders.

“Reservations about any concept do not automatically discredit it but allow for healthy and open debate to take place… the discussions that can arise from any such criticism, constructive or otherwise, can often lead to a greater awareness of the values of the system and ways in which it can be strengthened and made more effective in the interests of the general public.”

This article critically examines the controversies surrounding the law and practice of customary arbitration in Nigeria against the background of the decision of the Nigerian Supreme Court in Agu v. Ikewibe. The case law on customary arbitration is briefly reviewed with a view to demonstrating that prior to the Agu case, there existed a divergence of opinion among judges on some fundamental principles of the law and practice of customary arbitration in Nigeria, particularly with respect to the right of the parties to withdraw at any stage of the arbitration proceedings or even after the award is rendered. The article disagrees with the views of some judges and learned scholars that theres no distinction between customary arbitration and other consensus-oriented dispute resolution methods such as negotiation and conciliation. In disagreeing with these views, it is argued that in distinguishing customary arbitration from negotiation or conciliaion, the nature of the decision-making process should be of paramount consideration. It will further be argued that the binding nature or enforcement of the decisions of a judicial or quasi-judicial body differs from society to society. These enforcement mechanisms should not be divorced from the social relationships existing in a particular society. In conclusion, the article endorces the decision of the Supreme Court in Agu v. Ikewibe as the correct restatement of the law and practice of customary arbitration in Nigeria.

Previous issues of the JAL have chronicled the protracted negotiating process that led to the making of the Interim Constitution in South Africa and the holding of the 1994 elections. The Interim Constitution was expressly intended to provide an “historic bridge” between the past and the future and facilitate the continued governance of South Africa while an elected Constitutional Assembly drew up a final Constitution. This was because the negotiating parties had not felt it proper to make the final document without public endorsement through the electoral system. Thus the national legislature elected by universal adult suffrage in 1994 doubled as the constitution-making body entrusted with die task of drafting a new constitution.

The Legal Aid Act, 1996, greatly improves access to legal aid. It provides that a person is eligible for legal aid in connection with any criminal, civil or other related matter if, in die opinion of the Director of Legal Aid, diat person (i) omerwise has insufficient means to obtain the services of a legal practitioner; (ii) has reasonable grounds for initiating, carrying on, defending or being a party o t the case; and (iii) is in need of and would benefit from such legal assistance. An individual may apply direct to the Director of the Legal Aid Directorate or a judge, magistrate or die Attorney-General may recommend to the Director that a person should be provided with legal aid.

The Ombudsman Amendment Act, 1997, gives die Office of die Ombudsman in Zimbabwe important new powers. In particular it is now empowered to investigate alleged violations of the Declaration of Rights in the Constitution by, amongst others, members of the Defence Forces, Police Force or the Prison Service. An attempt to amend die Bill in Parliament so as to include members of the Central Intelligence Organization was unsuccessful.

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 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.”

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.

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.