The African continent has struggled to accept its LGBTIQ population and queer individuals continue to struggle in pursuit of their rights. Similar refrains justifying widespread homophobia reverberate throughout the continent. This article analyses two case studies in Africa: Uganda and South Africa. Although each country treats the question of queer rights differently, arguably the treatment of the queer on a day to day basis is not dissimilar in each country. The article considers whether there is a mechanism for realizing queer rights in Africa, by appealing to the values and cultures that exist on the continent.

In late 2009 two Malawians, a man and a transgender woman, united in an engagement ceremony. Police charged both under Malawi's anti-sodomy provisions. The case captured the nation's attention and drew scrutiny from foreign governments and human rights organizations. Several western nations threatened to withdraw aid unless the prosecution was discontinued. Nevertheless, the defendants were convicted and sentenced. Following a visit from the UN secretary general, Malawi's president pardoned the couple, but emphasized that the “two gay boys” had offended Malawi and its people. This article examines this case (R v Soko and Kachepa) and its impact on Malawi's LGBT rights movement. Using Thomas Stoddard's “rule-shifting, culture-shifting” paradigm, it considers the efficacy of international and domestic advocacy efforts and concludes that aid conditionality is, in many ways, counter productive. Conversely, multi-dimensional domestic advocacy is a promising strategy to change the relevant law and public attitudes associated with the Malawian LGBT community.

This article examines the problematic enforcement of the right to personal liberty in Cameroon. It offers a critical review of that right by assessing its compatibility with international standards endorsed by article 9 of the International Covenant on Civil and Political Rights and article 6 of the African Charter on Human and Peoples’ Rights. It finds that, although a small number of provisions are not sufficiently robust to protect that right adequately, for the most part the Cameroonian provisions reflect international standards. In the light of that assessment, the article seeks to identify the impediments to the effective enforcement of the right and to recommend the most effective and feasible mechanisms for developing a robust enforcement framework for the protection and promotion of the right to personal liberty in Cameroon.

Feminist scholars have debated questions of gender and judging by focusing on variables such as representation, difference, diversity and legitimacy. While illuminating, most of these studies are by scholars in the global north. More research is needed to understand issues of gender and judging in the global south. This article adds to existing literature by asking whether women judges promote women's rights. Through in-depth interviews with women judges in Ghana, the article demonstrates that women judges do promote women's rights. The article presents a new method of analysis: exploring the dichotomy between direct and indirect modes of representing women's rights. Recognizing the importance of substantive representation and the contributions of female judges in promoting women's rights, it argues that female judges are not a sufficient condition for promoting women's rights. Necessary conditions include laws guaranteeing women's rights, working partnerships with women's civil society organizations and an enabling socio-cultural climate.

Despite an array of trade reforms undertaken to integrate the country into the international community, South Africa's performance in international trade has remained dismal, primarily due to its customs procedures and documentation, coupled with resulting high transaction costs. The facilitation of trade and integration into the international community has therefore been a challenging issue for South Africa. Recently, the republic has embarked upon reforming its existing customs regimes, by enacting new legislation that will replace the prevailing Customs and Excise Act 91 of 1964. This article attempts to analyse how far these reforms will adhere to the World Trade Organization's disciplines on trade facilitation that call for harmonization and simplification of customs related rules. The author evaluates the provisions of this new legislation in order to assess whether South Africa is ready to undertake the obligations imposed by the Agreement on Trade Facilitation.

This article assesses the seller's duty of conformity in a contract of sale under the OHADA Uniform Act on General Commercial Law. It posits that conformity is not an independent legal concept and so argues that a thorough assessment cannot be made without recognizing and taking into consideration a number of issues, irrespective of the contractual stipulations agreed by the contracting parties. Arguably, the notion of conformity falls within the meaning of the subjective understanding of a “defect”. This can raise confusion and uncertainty in determining the seller's liability for non-conforming goods. Thus, from a cursory reading of the Uniform Act, the question of the seller's duty regarding the conformity of goods can conveniently be addressed from a number of different angles: the nature of the defect; local and international standards; contract law; and the principles of caveat venditor and caveat emptor. Adopting an in-depth content analysis and critical evaluation of primary and secondary data, the article concludes that a balance should be struck between these variables and, where no guidance is given in article 255 of the Uniform Act, the prevailing norm in member states should form the basis for determining the concept of conformity of goods.