LAW AND SOCIETY IN AFRICA CONFERENCE - CLS · University of Dar Es Salam, School of Law ... PHILILE...

DRAFT CONFERENCE PROGRAMME

LAW AND SOCIETY IN AFRICA CONFERENCE

Dynamism, Liminality, Reality?

Policy, Research and the Law in an Afropolitan Era

9-11 December 2016

The River Club, Observatory Cape Town, South Africa


DAY 1 FRIDAY 9 DECEMBER 2016

11:30 – 12:30 Registration and Lunch

12:30 – 12:45

Opening Plenary Welcome and Context KELLEY MOULT University of Cape Town, Centre for Law and Society (Director) PENNY ANDREWS University of Cape Town, Faculty of Law (Dean)

12:45 – 14:15

Opening Panel What is the Law and Society ‘moment’ in South Africa going into 2017, as we respond to the real challenges of law and society in our country? Facilitator (TBC) Panellists JAMEELAH OMAR University of Cape Town, Faculty of Law JOEL MODIRI University of Pretoria, Faculty of Law NOLUNDI LUWAYA University of Cape Town, Land and Accountability Research Centre SANELE SIBANDA University of the Witwatersrand, School of Law


14:30 – 16:00 CONCURRENT PANELS – Panels 1A, 1B, 1C

PANEL 1A Authoritarianism and International Law

PANEL 1B Gender, Law and Society

PANEL 1C Urban Land Occupations

Chair SALONA LUTCHMAN University of Cape Town, Faculty of Law Panellists HANNAH WOOLAVER (TBC) University of Cape Town, Faculty of Law Partners in complementarity: The role of civil society in the investigation and prosecution of international crimes in South Africa MARK FATHI MASSOUD University of California, Santa Cruz, Politics Department Postcolonial crisis and authoritarian legality in Somalia, 1960-1991 NTOMBIZOZUKO DYANI-MHANGO University of the Witwatersrand, School of Law South Africa’s immunity laws under scrutiny after failure to arrest President Al Bashir to the ICC in light of Southern African Litigation v Minister of Justice

Chair TABETH MASENGU University of Cape Town, Democratic Governance and Rights Unit

Panellists JANE DIALA University of Cape Town, Centre for Law and Society Significance of the distortion of bridewealth payment for child marriages in Africa MELANIE JUDGE University of Cape Town, Centre for Law and Society “Why should I wait to be raped?” Homophobia-related violence and the limits of law RICHARD PELTZ-STEELE University of Massachusetts, School of Law Football evangelism and the gospel of sport: Using Association Football to combat gender and sexual discrimination in Uganda

Chair CHANDA NKHOLOMA University of Zambia, School of Law Panellists BERNADETTE ATUAHENE IIT, Chicago-Kent College of Law Property and Dignity: Understanding the occupation of vacant dwellings in Detroit and Johannesburg JACKIE DUGARD AND MAKALE NGWENYA University of the Witwatersrand, School of Law Property rights in a time of transition: An examination of how inner city residents in Johannesburg perceive and navigate property relations RICADO JACOBS Johns Hopkins University, Department of Sociology An urban proletariat with peasant characteristics: Land occupations and livestock raising in the City of Cape Town


THOMAS KELLEY University of North Carolina, School of Law Legislating memory in Rwanda

RUTH NEKURA University of Cape Town, Centre for Law and Society The ‘160 girls’ case and state accountability for sexual violence in Kenya: Towards an effective implementation approach

16:00 – 16:30 Tea Break

16:30 – 18:00 CONCURRENT PANELS– Panels 2A, 2B, 2C

PANEL 2A Land and Property

PANEL 2B Equality

PANEL 2C Citizenship

Chair SINDISO MNISI WEEKS University of Massachusetts, School for Global Inclusion and Social Development Panellists ANINKA CLAASSENS University of Cape Town, Land and Accountability Research Centre The double-edged role of law in struggles over mining on ‘communal’ land BEN COUSINS University of the Western Cape, Institute for Poverty, Land and Agrarian Studies The edifice of private property and its

Chair OMOWAMIWA KOLAWOLE University of Cape Town, Faculty of Law Panellists AMANDA KINNERS Varsity College, Independent Institute of Education Speaking into being: Developing a non-racial discourse for ‘dissing’ race CATHI ALBERTYN University of the Witwatersrand, School of Law Substantive equality beyond an age of dignity – Context and contestation

Chair TINENENJI BANDA Southern African Institute for Policy and Research Panellists ADA ORDOR University of Cape Town, Faculty of Law The non-profit sector and citizenship in Africa: Insights from South Africa and Nigeria JULIANA MASABO University of Dar Es Salam, School of Law Enhancing legal protection in mixed migration: A critical examination of the legal institutional framework in Tanzania and Kenya


discontents HOPOLANG SELEBALO (TBC) Ndifuna Ukwazi TBC PHILILE NTULI University of Cape Town, Land and Accountability Research Centre The Ingonyama Trust in KwaZulu-Natal

MALA NAIDOO Varsity College Enabling sustainable development through the empowerment of woman and girls to achieve human rights and gender equality in an Afropolitan era NOLUNDI LUWAYA University of Cape Town, Land and Accountability Research Centre Women’s land rights and communal land: Taking small steps to security

NKOSIKHULULE NYEMBEZI University of Cape Town, Faculty of Law Opening space for independent election candidates for all legislative bodies NTANDOKAYISE NDHLOVU AND MELISSA OMINO University of Fort Hare, Faculty of Law “The incomplete case of Farai Daniel Madzimbamuto v The Registrar: Citizens by descent – Citizens or aliens?”

18:15 – 19:30

19:30 – 21:30 Dinner

Keynote Address The Development of Law and Society Scholarship

DAVID TRUBEK University of Wisconsin Law School

Discussant DENNIS DAVIS

University of Cape Town, Faculty of Law


DAY 2 SATURDAY 10 DECEMBER 2016

08:00 – 08:30 Registration

08:30 – 10:30 CONCURRENT PANELS – Panels 3A, 3B, 3C

PANEL 3A Teaching and Learning

PANEL 3B Constitutionalism

PANEL 3C Courts and Judges

Chair JAMEELAH OMAR University of Cape Town, Faculty of Law Panellists ANDREW HUTCHISON University of Cape Town, Faculty of Law Decolonising the commercial contract law curriculum AZUBIKE ONUORA-OGUNO University of Ilorin, Faculty of Law Craving for the message but shooting the messenger: RBA to teacher welfare and quality in basic education in Nigeria JOEL MODIRI University of Pretoria, Faculty of Law The time and space of critical legal pedagogy

Chair NKOSIKHULULE NYEMBEZI University of Cape Town, Faculty of Law Panellists AKINOLA AKINTAYO University of Lagos, Faculty of Law Judicial conception of democracy in South Africa and Nigeria: Implications for political action CHENG-YI HUANG Institutum Iurisprudentiae, Academia Sinica Rendering legality with transformative constitutionalism – The South African Constitutional Court’s approach toward administrative justice MTENDE MHANGO University of the Witwatersrand, School of Law

Chair TEBELLO THABANE University of Cape Town, Faculty of Law Panellists CHRIS OXTOBY (AND TABETH MASENGU) University of Cape Town, Democratic Governance and Rights Unit Who nominates? Some issues underlying the appointment of judges in South Africa JOSEPHINE DAWUNI Howard University, Department of Political Science The reality of African women as judges in international tribunals TABETH MASENGU University of Cape Town, Democratic


JONATHAN KLAAREN University of the Witwatersrand, WITS Institute for Social and Economic Research The future and legal education in South Africa NICK HULS Leiden University, Van Vollenhoven lnstitute TBC

Incorporating a coherent principle of restraint in South Africa’s separation of powers model NICHOLAS RUSH SMITH City University of New York – City College Criminal pasts and political futures: The Truth and Reconciliation Commission and failures of post-apartheid state building SANELE SIBANDA University of the Witwatersrand, School of Law When do you call time on a compromise? The future of transformative constitutionalism in South Africa

Governance and Rights Unit Creating an alternative framework for gender and judging in Africa WAHEEDA AMIEN University of Cape Town, Faculty of Law Judicial activism as a replacement for legislative intervention: A comparative case study involving Muslim Personal Law

10:30 – 11:00 Tea Break 11:00 – 12:45 CONCURRENT PANELS – Panels 4A, 4B, 4C

PANEL 4A The “Other” Law

PANEL 4B Socio-Legal Research Agendas

PANEL 4C Children and the Law

Chair ADA ORDOR University of Cape Town, Faculty of Law Panellists MEETALI JAIN AND YVONNE OYIEKE University of Pretoria & University of Nairobi, School of Law Securing accountability for violations of the right

Chair RUTH NEKURA University of Cape Town, Centre for Law and Society Panellists DUNCAN OJWANG, AGNES MEROKA, (ATTIYA WARIS) AND EDWIN ABUYA University of Nairobi, School of Law

Chair NTOMBIZOZUKO DYANI-MHANGO University of the Witwatersrand, School of Law

Panellists KELLEY MOULT University of Cape Town, Centre for Law and Society ‘The law on your books isn’t the law on my mind’:


to life: Ubuntu and alternate accountability mechanisms in Africa JOANNA PICKERING AND PHIWE NDINISA University of Cape Town, Land and Accountability Research Centre Using interdicts to silence dissension and undermine customary law: The case of Ga-Chokoe SINDISO MNISI WEEKS University of Massachusetts, School for Global Inclusion and Social Development ‘The Locust Effect:’ The consequences of structural and interpersonal violence for human security in rural KwaZulu-Natal TOSIN OSASONA Centre for Public Policy Alternatives, Nigeria Mob justice in Nigeria’s megacity: Social perception and policy implications

Socio-legal research at the University of Nairobi: How research plays a role in emancipation through knowledge production OMOWAMIWA KOLAWOLE University of Cape Town, Faculty of Law Applying relational theory in realisation of the right to health in African countries RACHEL ELLETT Beloit College, Political Science Department Interviewing African judges: Reflections on fieldwork and data collection in comparative law and courts VERONICA FYNN BRUEY University of Washington, School of Law Complex system methodology for gender justice research in Liberia and Australia

Child Marriage in Southern Africa MARIAM ABDULRAHEEM-MUSTAPHA University of Ilorin, Faculty of Law Treatment of juveniles in the custodial institutions under the Nigerian law: A critique SALONA LUTCHMAN University of Cape Town, Faculty of Law Child Justice in South Africa and diversion procedures: Tensions between theory and practice?

STEFANIE RÖHRS University of Cape Town, Children’s Institute Realising children’s right to be protected from maltreatment: The need for a legal ban of corporal punishment in the home

13:10 – 14:30

LUNCHTIME TALK: Guest Speaker in Conversation - Race and the Law

TANYA HERNANDEZ Fordham University, School of Law & PENNY ANDREWS University of Cape Town, Faculty of Law


14:45 – 16:15 CONCURRENT PANELS – Panels 5A & 5B

PANEL 5A Socio-Economic Rights

PANEL 5B Intellectual Property and Indigenous Knowledge

Chair MONICA DE SOUZA LOUW University of Cape Town, Land and Accountability Research Centre Panellists CHRISTOPHER MBAZIRA Makerere University, School of Law The judicial enforcement of economic, social and cultural rights in Africa: Is it a case of different approaches same results or same approach different results JAMES FOWKES Westfälische Wilhelms-Universität Münster Normal rights, just new STEVE KAHANOVITZ, HEINZ KLUG, SHEAN RIPPENAAR Legal Resources Centre, University of Wisconsin Law School, University of the Western Cape In the shade of Grootboom WAHAB EGBEWOLE University of Ilorin, Faculty of Law Justiciability of socio-economic rights in Nigeria: Lessons from South Africa and India

Chair JANE DIALA University of Cape Town, Centre for Law and Society Panellists CAROLINE NCUBE University of Cape Town, Faculty of Law Sui generis legislation for the protection of indigenous knowledge in South Africa: An opportunity lost (and found)? CHANDA NKHOLOMA TEMBO University of Zambia, School of Law Repairing the Zambian Plant Breeders Rights Act: A Case for the inclusion of small scale farmers in the development of sustainable agriculture in Zambia GREGORY MANDEL Temple University, Beasley School of Law Intellectual property systems for developing countries TOBIAS SCHONWETTER University of Cape Town, Faculty of Law TBC


16:15 – 16:30 Tea Break

17:50 – 19:30

PANEL DISCUSSION Turning to Law: Critical Perspectives on Legal Activism for Social Justice

[A CLS “With(out) Law Conversations” Event]

Facilitator MELANIE JUDGE

Panellists

KERRY WILLIAMS - WEBBER WENTZEL

NURINA ALLY - EQUAL EDUCATION LAW CENTRE


DAY 3 SUNDAY 11 DECEMBER 2016

07:30 – 08:30


PANEL 6A Mining and Extractives

PANEL 6B Protest

Chair MTENDE MHANGO (TBC) University of the Witwatersrand, School of Law Panellists ANRI HEYNS University of Cape Town, Mineral Law in Africa The effects of the politics of development for benefit sharing with mine communities in South Africa BERNARD KENGNI University of Cape Town, Mineral Law in Africa Water pollution: A legacy of mining and its implications for

Chair MARK FATHI MASSOUD University of California, Santa Cruz, Politics Department Panellists AMR SHALAKANY American University in Cairo, Law and Society Research Unit The day graffiti died- street art and protest JAMEELAH OMAR University of Cape Town, Faculty of Law Civil disobedience in Constitutional South Africa

BREAKFAST PLENARY

DAVID WILKINS Harvard Law School TBC


communities SARA DEZALAY Cardiff School of Law and Politics Africa as a new frontier? Lawyers, extractive economies and global reconfigurations of political authority: A case-study of the ‘Africa Corporate Bar’ in Paris SHIRLEY MUSHI University of Cape Town, Mineral Law in Africa Benefit sharing in oil and gas communities in Tanzania

LISA CHAMBERLAIN, (GINA SNYMAN, MBALI MATANDELA AND SHERILYN NAIDOO) University of the Witwatersrand, Centre for Applied Legal Studies TBC MLULEKI MARONGO Section 27 TBC

11:00 – 11:15 Tea Break


PANEL 7A The Environment

PANEL 7B Law, Culture and Custom

Chair CHERI YOUNG University of Cape Town, Mineral Law in Africa Panellists ANNETTE HÜBSCHLE University of Cape Town, Environmental Security Observatory Contested regulation: Is CITES an appropriate instrument for combating illegal wildlife trade?

Chair NOLUNDI LUWAYA University of Cape Town, Land and Accountability Research Centre Panellists ANTHONY DIALA University of Cape Town, Faculty of Law Recognition of living customary law in Nigeria: Women’s matrimonial property rights in South-East Nigeria


ERICK KOMOLO Kenyatta University, Law School Regime fragmentation patterns in Kenya’s marine fisheries ALEXANDER PATERSON University of Cape Town, Institute of Marine and Environmental Law Promoting participatory forest management: A critical review of South Africa’s forest legislation TINENENJI BANDA Southern African Institute for Policy and Research Environmental management of mining activity in Zambia: Addressing the agency costs

CHUMA HIMONGA University of Cape Town, Faculty of Law The certification of customary marriages in pluralistic legal systems with special reference to South Africa and Zambia: A case for parallel and decentralised certification systems JANINE UBINK University of California, Irvine School of Law Customary legal empowerment, or how to engage with customary justice systems MONICA DE SOUZA LOUW AND THIYANE DUDA University of Cape Town, Land and Accountability Research Centre Defining “communities”: The impact of law and practice on rights and standing in Xolobeni, South Africa RHODA ASIKIA IGE University of Lagos, Faculty of Law Law and culture in Nigeria: Challenges, conflicts and adaptation in a global village

13:15 – 14:15

Closing Panel Discussion: Law and Society scholarship on Africa: From Cape to Cairo in the 2016 context

Facilitator: PENNY ANDREWS University of Cape Town, Faculty of Law Panellists: AMR SHALAKANY The American University in Cairo, Law and Society Research Unit; DEE SMYTHE University of Cape Town, Faculty of Law; HEINZ KLUG University of Wisconsin Law School; LAMIA BULBUL The American University in Cairo, Law and Society Research Unit


14:15 – 14:30

Thank You & Farewell: KELLEY MOULT & HEINZ KLUG LSA in Africa Conference Co-Chairs

14:30

Lunch & Departure

LAW AND SOCIETY IN AFRICA CONFERENCE - CLS · University of Dar Es Salam, School of Law ... PHILILE...

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