The rule of law embodies two basic metaphors: the tool and the causeway. Under the tool metaphor, the rule of law is applied more as an instrument of power, while in the causeway metaphor, the law emphasizes a form of relationship between state and society where “ground rules” are established, not just for electoral politics but for the daily transactions and commercial necessities of individuals. The choice between these two metaphors has always been crucial for the legal and political development of democratic states. This article argues that in many African states, the rule of law is presently used as a tool, and contends that if this superficial perception is discarded, in favour of concentrating instead on the more expansive causeway metaphor, the continent will stand the chance of building more modern democratic states that can compare favourably with other consolidated democracies across the globe.

Multinational oil companies adopted corporate social responsibility as a means of addressing the challenges of their relationship with the Niger Delta communities, which had been turbulent for several decades as a result of the ecological devastation of the Niger Delta region. This article analyses the challenges of implementing corporate social responsibility in the Niger Delta, from the inception of the Nigerian oil industry to the present day. Using the experiences of multinational oil companies in the Niger Delta as a case study, the article explores the extent to which multinational oil companies operating in developing countries are increasingly assuming roles that are not traditional corporate roles, to compensate for the bad governance and poor regulatory standards in these countries. The article also provides recommendations for what the Nigerian government can do to develop corporate social responsibility and make it more effective.

The 2016 amendments to the Constitution of Zambia 1991 have transformed Zambia's constitutional order in many respects. Among other transformative provisions, the Constitution now requires everyone seeking elective public office to have, as a minimum qualification, a grade twelve certificate or its equivalent. This article examines the rationale for this requirement, as judicially interpreted, through the lens of the right to run for election. The article's core argument is twofold. First, that the requirement is an unwarranted restriction on the right to run for election and cannot be justified when considered in its relevant context. Secondly, that the Constitutional Court of Zambia's recent interpretation of the requirement further limits the right to run for election and in turn narrows the field of candidates from which voters may choose, potentially depriving the country of resourceful political leadership. The article concludes with a call for reform.

To safeguard marriage, the Law of Marriage Act of Mainland Tanzania, established marriage conciliation boards (MCBs) to reconcile disputing spouses. Divorce cases are referred to MCBs before they are filed in court. The divorce rate in Mainland Tanzania is increasing and case law indicates that some parties are by-passing MCBs without good cause. The authors were motivated to study the causes of this trend. Data were collected in Morogoro and Kilimanjaro regions through documentary review and in-depth interviews. They identified six factors limiting parties’ access to MCBs: set-up of the boards; MCBs’ regulatory framework; jurisdiction; costs; choice of forum; and inadequate provisions governing the process followed by MCBs. The study concluded that the government attaches minimal significance to MCBs and recommends that the government should intervene, including by reforming the law governing MCBs.

In protecting the marine environment from vessel-source oil pollution, compensation for victims of damage is of great importance. International conventions regarding compensation for such damage have been adopted under the auspices of the International Maritime Organization. This article analyses the extent to which South Africa has implemented the provisions of these international conventions into its domestic laws and identifies issues that remain in the South African legal system. The article reveals that, although South Africa has improved its legal system for compensation for damage from vessel-source oil pollution, claimants in respect of damage from large vessel-source persistent oil pollution and vessel-source bunker oil pollution are still not adequately compensated. This article finds that acceding to the 1996 Limitation of Liability for Maritime Claims, the 2001 Bunker Convention and the 2003 Supplementary Fund Protocol would be of great interest and benefit to South Africa.

A key novelty of the unitary system of personal property security law is the concept of security interests or rights developed to address the rather complex categorizations of security rights under the common law. With respect to the limitations of floating charges as security devices for loans under the common law, there were expectations that the unitary security interest could provide an alternative security device capable of addressing the problems faced by hitherto inhibited business borrowers. This article compares the floating charge device to the unitary security interest in some critical areas to ascertain whether the latter ameliorates the difficulties associated with floating charges or whether it merely creates an added conceptual burden within the framework of an already convoluted secured transactions system.

The law on the availability of restitution in the context of illegal contracts is unclear. Several irreconcilable approaches have been proposed at common law in search of a solution to the question of whether or not a party to an illegal contract who has benefitted from the contract has any right to restitution. This article examines the Ghanaian judicial approach and ascertains the extent to which it sheds light on this difficult issue. It does so by examining the evolution of judicial solutions in English common law and, in that context, evaluating the approaches adopted by the Ghanaian courts.

This case note presents the arguments made in the amicus curiae brief submitted by the UN independent expert on debt and human rights to the OECD National Contact Point in the case brought in 2018 by Open Secrets and the Centre for Applied Legal Studies concerning the alleged complicit conduct of two banks during apartheid in South Africa. It also outlines the developments in this legal case and comments on why apartheid victims’ claims against financial accomplices are now more compelling than ever.