Magister Artium - MA / In this mini-thesis, I explore the New Partnership for Africa's Development's (NEPAD) Economic and Corporate Governance Initiative (ECGI). I argue that although this initiative is not the only means to, nor the end of determining whether the NEPAD is being implemented, the ECGI can be used as a good indicator of whether one important dimension of the NEPAD is implemented. I establish whether, through an analysis of the ECGI, that dimension of the NEPAD is being implemented by looking at the countries where the ECGI was implemented. I maintain the position that through the NEPAD, good governance in African countries is promoted and that is why the authors of the NEPAD document created the ECGI. / South Africa

My thesis analyses the opportunities and the efectivity of the African union by ensuring security and stability on the African continent. It reffers to the establishment of the organisation, its ideological basis, organs and mechnisms which were set up to fulfill its role as a guarantee of security in Africa. The thesis also shows the development of the relations between the AU and other African regional organisations so as the relations between the AU and the UN in the security area. It also analyses the positive and negative aspects of this mutual cooperation. The end of the thesis is dedicated to the concrete approach to the solution of the humanitarian crises in Darfur. It shows the cooperation with the UN in the form of a hybrid mission UNAMID and the challenges and problems which have to be currently faced by the mission.

This study deals with two aspects of international law. The first is ‘immunity of state officials’ and the second is ‘prosecution of international crimes.’ Immunity is discussed in the context of international crimes. The study focuses on Africa because African state officials have become subjects of international criminal justice before international courts and various national courts both in Europe and Africa. It presents a new contribution to international criminal justice in Africa by examining the practice on prosecution of international crimes in eleven African states: South Africa; Kenya; Senegal; Ethiopia; Burundi; Rwanda; DRC; Congo; Niger; Burkina Faso and Uganda. The study concludes that immunity of state officials has been outlawed in these states thereby rendering state officials amenable to criminal prosecution for international crimes. The thesis argues that although immunity is founded under customary international law, it does not prevail over international law jus cogens on the prosecution of international crimes because such jus cogens trumps immunity. It is argued that, committing international crimes cannot qualify as acts performed in official capacity for the purpose of upholding immunity of state officials. In principle, customary international law outlaws functional immunity in respect of international crimes. Hence, in relation to international crimes, state officials cannot benefit from immunity from prosecution or subpoenas. Further, the study criticises the African Union’s opposition to the prosecutions before the International Criminal Court (ICC). It argues that however strong it may be, such opposition is unfounded in international law and is motivated by African solidarity to weaken the role of the ICC in Africa. It concludes that the decisions taken by the African Union not to cooperate with the ICC are geared towards breaching international obligations on cooperation with the ICC. The study calls upon African states to respect their obligations under the Rome Statute and customary international law. It recommends that African states should cooperate with the ICC in the investigations and prosecution of persons responsible for international crimes in Africa. At international level, the study reveals the conflicting jurisprudence of international courts on subpoenas against state officials. It argues that, state officials are not immune from being subpoenaed to testify or adduce evidence before international courts. It contends that issuing subpoenas to state officials ensures fairness and equality of arms in the prosecution of international crimes. It recommends that international courts should treat state officials equally regarding prosecution and subpoenas. It further recommends that African states should respect their obligations arising from the Rome Statute and that, immunity should not be used to develop a culture of impunity for international crimes committed in Africa. / Thesis (LLD)--University of Pretoria, 2012. / Centre for Human Rights / unrestricted

The emergence of the African Union (AU) is seen as an effort to reposition Africa for the challenges of contemporary global realpolitik and, in particular, it provides a road map towards the attainment of a political union. The institutional architecture of the AU, modelled after the European Union (EU), indicates an intention on the part of the architects of the AU to endow the organisation with supranational attributes. However, none of its institutions has as yet started to exercise supranational powers. It is against this background that this thesis explores the feasibility of transforming the AU from a mere intergovernmental organisation into a supranational entity. In the course of the investigation, it was found that a major obstacle to realising this is the absence of shared democratic norms and standards, a consequence of the unconditional membership ideology of the AU. This thesis argues that the starting point of closer integration in Africa should be the cultivation and adoption of shared norms and values. To address this, the study proposes that the AU design an institutional mechanism for regulating its membership. Using the African Peer Review Mechanism (APRM) as a case study, this study shows that it is possible to establish a regulatory regime based on strict adherence to shared fundamental norms and values. A major recommendation is the transformation of the APRM into a legally binding instrument for setting continental democratic standards, assessing whether member states fulfil these standards and ultimately determining which member states are qualified, based on objective standards, to be part of a democratic AU. / Thesis (LLD)--University of Pretoria, 2010. / Public Law / unrestricted

Global demand for peacekeeping is growing, especially in Africa. The United Nations has traditionally been at the forefront of developing peacekeeping theory and practice, and remains the primary operational agency for peacekeeping in Africa. But increasing emphasis is being placed on the African Union to assume greater responsibility for peacekeeping on the continent. The AU is still comparatively new and is in the process of developing its peace and security architecture. Over the past decade, the international community has been supporting African peacekeeping, both to build AU capacity and to provide direct operational support. In 2005 the international community agreed a collective ¿responsibility to protect¿ vulnerable civilians threatened by gross violations of their human rights. And civilian protection is increasingly included in the mandates of peacekeeping missions. Within the context of contemporary complex, multidimensional peacekeeping (¿peace support¿), civilian protection is not an exclusive operational objective, but is rather one of a number of mandated tasks aimed at establishing more sustainable 4 security as part of a broader peacebuilding goal. The AU has embraced the responsibility to protect principle, adopting a constitutional commitment to protect the rights of vulnerable civilians, including through peacekeeping interventions if necessary. But how capable is the AU in practice to deliver effective peacekeeping to protect civilians? And how appropriate is international support to help realise this ambition?

Thesis (Ph.D. (Political Science)) -- University of Limpopo, 2022 / Much of the literature on the recent Libyan conflict is framed through a Westernised lens. This is an epistemic and ontological setback for Africa. Hence, the transition from the Organisation of African Unity (OAU) to African Union (AU) with the principle of, “African solution to African problems,” seemed to be a plausible one after a number of imported solutions and western powers’ interventions that often left the continent worse off than before. Syria shared a similar situation with Libya but the intervention from the western powers differed significantly. Against this setback, this study employs Afrocentricity as an alternative theoretical lens to examine the incompatibilities of North Atlantic Treaty Organisation’s (NATO) involvement in the Libyan conflict within the context of the African Agenda. The objectives of the study were to evaluate the relations between AU and UNSC on the Libyan crisis, how the UNSC Res 1973 was understood and implemented AU and NATO and to reflect on the implications of NATO led military intervention under the pretext of Responsibility to Protect civilians in Libya. The involvement of NATO’s military force sealed not only the fate of Libyans with no long term plan to the resolution of the crisis but also severely restricted and undermined the efforts of AU in Libya. The efforts of AU and its roadmap were completely negated when NATO forces started their air raids. Divisions were clearly evident within NATO members with Germany and Netherlands opposing the motives of NATO. The intervention by NATO facilitated regime change and flooded the region with illicit trade in arms and goods, harboured armed extremists’ groups, and terrorists. The cauldron of all of the above effectively destabilised the region. It also exposed deep divisions within AU members, lack of coordination and the effects of limited resources on operations that could be handled continentally to avoid unsavoury interventions. In relation to the Libyan crisis, AU and NATO had divergent interests and could not cooperate in finding long lasting solutions. AU should in the future be proactive in resolving conflicts with the continent and should be prepared to fund its own operations in order to reduce dependence on foreign assistance in similar situations in the future.

Motivation of virtually all regional economic integration (REI) initiatives has been prospect of enhanced economic growth. Although REI's role in contributing to growth and development was recognised and acknowledged, its importance in Africa has never been properly outlined. Theoretical background, economic assumptions and evidence of REI are examined to bring out REI's importance to Africa. Depicting from these, benefits and challenges of REI in Africa are explored. This dissertation analyses the progress, pace, approach, sequence of REI in Africa looking at different variables. Africa's regional integration blueprint and institutional framework are compared to EU's but selected areas are identified as essential for Africa. Progress on REI has been found to be slow. This study concludes that REI should be viewed as one aspect of strategy towards Africa's development and growth. However, the benefits of REI make it imperative for it to remain the central pillar of Africa's development agenda. / Economics / M.Com. (Economics)

Motivation of virtually all regional economic integration (REI) initiatives has been prospect of enhanced economic growth. Although REI's role in contributing to growth and development was recognised and acknowledged, its importance in Africa has never been properly outlined. Theoretical background, economic assumptions and evidence of REI are examined to bring out REI's importance to Africa. Depicting from these, benefits and challenges of REI in Africa are explored. This dissertation analyses the progress, pace, approach, sequence of REI in Africa looking at different variables. Africa's regional integration blueprint and institutional framework are compared to EU's but selected areas are identified as essential for Africa. Progress on REI has been found to be slow. This study concludes that REI should be viewed as one aspect of strategy towards Africa's development and growth. However, the benefits of REI make it imperative for it to remain the central pillar of Africa's development agenda. / Economics / M.Com. (Economics)

The principle of complementarity is a tool used to punish the commission of core international crimes. A concerted approach is required to combat war crimes, genocide, crimes against humanity and aggression. The Prosecutor of the International Criminal Court needs to fully appreciate the express and implied discretionary powers of states to ensure all possible accountability mechanisms are explored. Failure by the Prosecutor to do so results in missed opportunities to capitalise on various options related to the proper application of complementarity. Therefore, there is a need for consultations to establish that the International Criminal Court and prosecutions can no longer exist without competing alternatives preferred by states. The current misunderstandings on the application of complementarity are rooted in unresolved state and prosecutorial discretions. The endangering of state discretion threatens the integrity and credibility of the International Criminal Court. The unaddressed question of state discretion is also at the centre of disputes between the African Union and the International Criminal Court. Grey areas in the application of complementarity are clearly visible through the inconsistency and diversity of the International Criminal Court decisions and frequent prosecutorial policy proclamations. As a result, prosecutorial discretion needs to be checked. Prosecutorial discretion is checked at the United Nations, International Criminal Court and state levels. The checks at regional level and by non-prosecutorial options need to be explored. The call is for the International Criminal Court not to neglect the legal-political environment which the Court operates in. The environment is essential in demarcating the exercise of discretions. The Kenyatta case is illustrative of the need to invent an interpretation that reflects the evolving theory to practice reality. The development or amendment of a prosecutorial policy is desirable to give guidance on the value, circumstances and priority accorded to justice. The policy should be comprehensive enough to accommodate mechanisms which advocate for strengthened state discretion. For instance, African Union instruments and treaties reveal that the respect of state discretion is one of the core principles of the African Union system. / Public, Constitutional, and International Law / LL.D.

This study on "The road to constitutionalism and democracy in post-colonial Africa: the case of the Democratic Republic of Congo" revolves around a major research problem: What has been the road to constitutionalism and democracy in Africa since independence and how can constitutionalism and democracy be established and consolidated on the African continent? The importance of the problem and its implications for the life of millions of African people and the state of the literature still dominated by persons foreign to Africa make constitutionalism and democracy one of the most fascinating and challenging intellectual projects, particularly among African scholars. This work is a contribution to the development of knowledge and to the building and consolidation of constitutionalism and democracy in Africa. It revisits and critically examines the concepts and the various discourses and voices we have heard form both inside and mostly outside the continent. It highlights the African struggle, explores the major trends, and stresses the challenges and prospects for constitutionalism and democracy in Africa. The Democratic Republic of Congo (DRC) is a case study. The research deals with the unfinished struggle of the people of the Congo and explains why the Congo has gone from DRC to DRC via Zaire, from one crisis of the Congo in the 1960s to another crisis of the Congo since the early 1990s and why the DRC history has been rehearsing in a vicious circle of coups and countercoups, rebellions, unsuccessful national conferences, authoritarian and unconstitutional regimes. Central to the crisis in many African states, including the DRC, is the crisis of constitutionalism and democracy and the failure of the post-colonial state. The study ends with the conclusion that constitutionalism and democracy also belong to Africa and constitute a prerequisite for African survival and renaissance. / Constitutional and Public International Law / LL.D.