Students should have basic knowledge of customary law, common and civil law and that different countries on the African continent apply different systems depending on the type of foreign influence ( example British, French). Furthermore, the relevance of case law and being able to distinguish and analyse local legislation, as well as regional and international agreements. Adequate knowledge of human rights, intellectual property, investment and trade will aid in understanding content but it will suffice for students to have a general / basic idea of these aspects to follow the course. It is imperative to read the prescribed chapters of the book, participate in the lectures where the lecturer requests analysis from students. Furthermore, to read the cases as guided by the lecturer. Keeping abreast with key websites (as indicated in the reading syllabus) of inter governmental organisations will further aid in grasping content and keeping up todate with current affairs that affect various countries on the African continent from a legal perspective.
The aim of this course is to provide students with a holistic view of components of legal aspects pertaining to the African continent making reference to local legislation as well as regional and internatonal agreements and applicable case law.
Define customary law and realise its standing in comparison to common law and civil law in countries in West, East and Southern Africa.
Have a holistic view regarding human rights in Africa,trade and investment law in Africa, intellectual property law and traditional knowledge in Africa, developmental aspects on the continent from a legal perspective and judiciary systems in various countries.
The first leg of the course is an introduction to african legal systems which provides students with information pertaining to the landscape, customs,foreign influences on the continent which played a role in the legal systems ( common and civil law ) and how customary law was perceived and is perceived today. In addition how political movements have aided in crafting / adapting laws to more democratic ones with emphasis on South Africa ( whose constitution has been recognised as among the most progressive in the world and has numerous constitutional court cases which have been cited at the UN from a socio economic rights perspective.
The next lecture focuses on the application of customary law in different countries analysing and making reference to cases and legislation ( with a focus on Kenya, Nigeria and South Africa – thus countries in East, West and Southern Africa).
The following lecture deals with human rights on the African continent, reviewing different local, regional and international agreements in this field with reference to particular countries, we review case law and legislation comparing different countries on the continent to enable students to obtain sound knowledge of the perception and application in different countries.We also look at a comparison of the African Court on Human and People’s Rights, the EU Court of Human Rights and the Inter American Court on Human Rights to enable students to have a holistic view and critical analysis.
The next focus is on international investment and trade in Africa where we look at various regional,multilateral and bilateral agreements; the protection of foreign investments through BITs ( bilateral investment treaties) in Africa,case law in the field of investment and trade law with reference to investment arbitration and cases before the WTO with reference to disputes concerning African countries either as claimant or respondent. We also review local legislation in the field of investment law in South Africa and the trend in African countries to cancel BITs and the possible ramifications.
The following lecture deals with intellectual property rights,defining the various IP rights, patents, trade maks, copyright and designs and reviewing legislation in different countries in East, West and Southern Africa. Reference is made to cases and various regional and international agreements. Students are also taught about traditional knowledge and the nexus with IP and the importance on the African continent with reference to WIPO ( World Intellectual Property Organisation)
Lastly the final two lectures focus on developmental aspects on the African continent reviewing international treaties pertaining to economic and legal development and analysing the judiciary systems in different African countries and respect for seperation of powers and the rule of law reviewing cases in East and Southern Africa.
