The Constitution of Zimbabwe: Towards A Model for Africa?

1991 ◽  
Vol 35 (1-2) ◽  
pp. 79-101 ◽  
Author(s):  
John Hatchard

On 18 April, 1991, the Republic of Zimbabwe celebrated its 11th year of independence. Coincidentally, just a few months earlier, the 11th constitutional amendment Act was passed. This flurry of legislative activity was the result of a desire on the part of the government to develop a new constitutional structure rather than to remain with the constitution which was essentially imposed upon it by the British during the 1979 Lancaster House conference which eventually led to independence in 1980. The new constitutional model is of considerable interest as it is based upon those operating in many other African nations but, according to the Minister of Justice, is designed to provide safeguards on the exercise of presidential power and to avoid unnecessary conflict and division between the various branches of government. On several occasions, ministers have stressed the autochthonous nature of the new structure and some have indeed suggested that it might form a model for other African countries.It is the intention of this article to examine the legitimacy of these assertions by analysing both the new constitutional structure and its operation in practice. In order to assess the significance of these changes, it is first necessary to examine very briefly the Lancaster House constitution and constitutional developments in the early years of independence.

2012 ◽  
Vol 8 (1) ◽  
pp. 252-271
Author(s):  
Madoka Fukuda

AbstractThis article examines the substance and modification of the “One-China” principle, which the government of the People’s Republic of China (PRC) pursued in the mid 1960s. Under this principle, a country wishing to establish diplomatic relations with the PRC was required first to break off such relations with the Republic of China (ROC). In 1964 the PRC established diplomatic relations with France. This was its first ambassadorial exchange with a Western government. The PRC, in the negotiations over the establishment of diplomatic relations, attempted to achieve some consensus with France on the matter of “One-China”. The PRC, nevertheless, had to abandon these attempts, even though it demanded fewer conditions of France than of the United States (USA), Japan and other Western countries in the 1970s. The PRC had demanded adherence to the “One-China” principle since 1949. France, however, refused to accept this condition. Nevertheless, the PRC established diplomatic relations with France before the latter broke off relations with the ROC. Subsequently, the PRC abandoned the same condition in negotiations with the African governments of the Republic of Congo, Central Africa, Dahomey and Mauritania. After the negotiations with France, the PRC began to insist that the joint communiqué on the establishment of diplomatic relations should clearly state that “the Government of the People’s Republic of China is the sole legal government of China”. However, France refused to insert these words into the communiqué. Afterwards, the PRC nevertheless insisted on putting such a statement into the joint communiqués or exchanges of notes on the establishment of diplomatic relations with the African countries mentioned above. This was done in order to set precedents for making countries accede to the “One-China” principle. The “One-China” principle was, thus, gradually formed in the process of the negotiation and bargaining between the PRC and other governments.


2003 ◽  
Vol 12 (1-2) ◽  
pp. 33-34
Author(s):  
Tae Yang Kwak

AbstractPark Chung Hee presided over the Republic of Korea (ROK) longer than any other leader (1961–1979) and he remains the individual most responsible for defining the country's formative features. Having witnessed the worst excesses of Park's later years, many of the early scholars of Korean politics have characterized the whole of Park's long rule as a monolithic dictatorship. One of these pioneering scholars, Sungjoo Han, locates the moment of “the failure of Korean democracy” in 16 May 1961, the very day that Park and his co-conspirators seized control from Prime Minister Chang Myn through a military coup d'état. However, like the man himself, Park's career was complex and highly adaptive. Many historians now distinguish Park's rule into three distinct periods: the first and most tenuous years (1961–63) when he directed the government through a military junta, the Supreme Council for National Reconstruction; the middle years (1963–72) of elected presidential rule, referred to as the “Third Republic”; and the final years (1972–79) of dictatorial rule under the Yusin system, the “Fourth Republic.” In his early years, Park had begrudgingly adhered to a minimally democratic framework before finally turning to formal authoritarianism as the American war in Vietnam came to an end.


Author(s):  
Жанна Тлембаева ◽  
Zhanna Tlembaeva

Some issues of lawmaking activity planning in the Republic of Kazakhstan as one of the important components of legislative activity are discussed, and its importance in improving legislation is analyzed in the article. The author pays special attention to the types and stages of the legislative process In the Republic of Kazakhstan. The main problems of planning the legislative activity of the Government and of other subjects of lawmaking are considered. Also the ways to improve the planning of lawmaking activity taking into account the current realities of the development of the legislative process in the Republic of Kazakhstan are proposed. Planning of legislative activities in Kazakhstan needs to be improved and, first of all, by means of increasing the information transparency of planning, the development of forecasting, improving the coordination of planning of subjects of the right of legislative initiative and the development of regulatory support for planning. The issues of application of technologies of legislative forecasting as an obligatory element of lawmaking are separately considered. The conclusion about the role of planning of lawmaking activity in counteraction to the processes of «shadow lobbying» is substantiated. It seems that the implementation of these proposals will ensure an increased role for planning in the country’s legislative process. In the context of the problems studied, the question of the legislative activity of the subjects of the legislative initiative and the subjects of lawmaking has considerable scientific and practical interest. The author reveals a tendency to reduce the lawmaking activity of the deputies of the Parliament against the backdrop of the growing legislative activity of the Government.


2021 ◽  
Vol 14 (2) ◽  
pp. 231-248
Author(s):  
L. Ya. Prokopenko

The article analyzes the transformation of the political image of Frederick Chiluba, President of the Republic of Zambia in 1991-2001. As a representative of a new formation of African leaders in the era of the continent’s transition from authoritarianism to political pluralism, he was an ambiguous figure. His role in the return of the multi-party system in the country and in the liberalization of the national economy is discussed. It is stressed that within the framework of the existing political culture this politician was not immune to inevitable mistakes. However, the style and methods of Chilubas leadership (persecution of his predecessor, manipulation using the ethnic factor in order to retain power, ignoring criticism of the opposition and allies) periodically led to tension in the internal situation in the country and negatively affected his political image and the image of the government in general.In 1990-2000s the negative impact of tensions between Zambian politicians who held the presidency at different times on the stability of the country was clearly manifested. The persecution of ex-President Chiluba charged with corruption demonstrated the authorities’ policy to combat this social evil, but it was ambiguously perceived and interpreted by the society and by analysts. It is noted that for all the mistakes and shortcomings of Chilubas ten-year rule, it is necessary to recognize his merits in creating the economic base of Zambia and in proclaiming it a Christian country, which was practically forgotten after his death.The article shows the gradual rehabilitation of Chilubas memory, in which all living ex-presidents and the current Head of State take part. The experience of Zambia shows that under African realities, former presidents enjoy honors and certain privileges, provided they do not participate actively in politics and do not enter into open conflicts with their successors.


2021 ◽  
Vol 40 (1) ◽  
pp. 202-243
Author(s):  
VOLKAN SARIGÜL

ABSTRACT Succeeding a period of wars and political turmoil, the reassuring policies of the new regime of Turkey positively influenced all branches of science, including geology which provided a basis for the earliest studies in paleontology, as it had done in the former Ottoman Turkey. Although most of the specialists were still foreigners during the early years of the republic, the government of Turkey under the leadership of Atatürk, rapidly established modern institutions in order to train native earth scientists and engineers of all sorts. Turkish paleontologists began to replace their foreign colleagues by the 1940s; and female Turkish paleontologists became especially prominent not only in the universities but also in the national geological surveys and mapping, and in fossil fuel exploration. Subsequent to their separation from departments of natural sciences, teaching fundamentals of paleontology was taken on by geology departments which, by the 1960s, started to evolve into departments of geological engineering. As a result, most Turkish paleontologists are geologists and most of them specialized either in micropaleontology or paleobotany. In contrast, paleontology of late Cenozoic mammals is dominated by graduates of anthropology programs.


Author(s):  
Michael W. McConnell

This chapter provides a background on the nature and limits of executive power under the US Constitution. It closely examines the constitutional text bearing on presidential power together with its historical context to discern its meaning and internal logic. It also cites the phenomenon of Donald Trump that made thinking seriously about the institution of the presidency more difficult than ever before as there has never been so polarizing a figure at the apex of politics. The chapter attempts to reconstruct the framers' design for the presidency based on the text they wrote, their experience of royal authority in colonial times, and the interpretative battles in the early years of the republic. It identifies the framers that wanted an effective president who would not be a king and points out how a republican executive was meant to function.


2021 ◽  
Vol 37 (1) ◽  
pp. 29-46
Author(s):  
Kudzayi Savious Tarisayi ◽  

Contemporary discourse on migration in the Republic of South Africa reveals recurring attacks on foreign nationals over the past decade. Recent literature shows that the attacks have mainly targeted foreign nationals from other African countries. However, this growing literature focuses on physical attacks on foreigners while negating cyberspace ones. This article focuses on attacks on foreign nationals in virtual space. The study sought to answer two research questions: In what way are migration and migrants being portrayed on South African Twitter? In what way are Twitter hashtags being used to perpetuate afrophobia? A study of three hashtags was conducted. The article drew from the scapegoating theory to interrogate tweets on South African Twitter. Data was generated using an online hashtag tracker. A qualitative content analysis of three hashtags (#PutSouthAfricansFirst, #NormaliseHiringSACitizens and #SAHomeAffairsCorruption) was conducted. The study noted the omnipresent view that all black foreigners in South Africa were “illegal immigrants” regardless of their migration status. Besides, black foreigners were stereotyped as criminals. The Department of Home Affairs was viewed as complicit in the influx of illegal immigrants in South Africa through corrupt activities. The tweets also blamed the government for its inability to resolve the problem of illegal immigrants. The study established that hashtags were now the new frontier for afrophobic attacks on black foreigners in South Africa.


2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.


Author(s):  
Retselisitsoe Phooko

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.


Mousaion ◽  
2019 ◽  
Vol 37 (1) ◽  
Author(s):  
Tshepho Lydia Mosweu

Social media as a communication tool has enabled governments around the world to interact with citizens for customer service, access to information and to direct community involvement needs. The trends around the world show recognition by governments that social media content may constitute records and should be managed accordingly. The literature shows that governments and organisations in other countries, particularly in Europe, have social media policies and strategies to guide the management of social media content, but there is less evidence among African countries. Thus the purpose of this paper is to examine the extent of usage of social media by the Botswana government in order to determine the necessity for the governance of liquid communication. Liquid communication here refers to the type of communication that goes easily back and forth between participants involved through social media. The ARMA principle of availability requires that where there is information governance, an organisation shall maintain its information assets in a manner that ensures their timely, efficient and accurate retrieval. The study adopted a qualitative case study approach where data were collected through documentary reviews and interviews among purposively selected employees of the Botswana government. This study revealed that the Botswana government has been actively using social media platforms to interact with its citizens since 2011 for increased access, usage and awareness of services offered by the government. Nonetheless, the study revealed that the government had no official documentation on the use of social media, and policies and strategies that dealt with the governance of liquid communication. This study recommends the governance of liquid communication to ensure timely, efficient and accurate retrieval when needed for business purposes.


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