2014 OVERVIEW the LLM in Comparative Law in Africa with Its Complement of Four Core Courses and One New Elective LLM in Comparative Law in Africa Launched in 2013

MONTH /YEAR : DECEMBER 2014 VOLUME 2 ISSUE 1

LOOKING BACK AT 2013

LLM Course 2014 OVERVIEW The LLM in Comparative Law in Africa with its complement of four core courses and one new elective LLM in Comparative Law in Africa launched in 2013. Three courses secured enough registrations to proceed. These were African Law in the first semester, and in the second semester, Civil Law The take-off of the LLM programme in Comparative Law in Africa and Chinese Law and Investments in Africa. The first increases the Law Faculty postgraduate course offerings. The was convened by the Chair in Comparative Law in Africa, Prof Salvatore Mancuso while a visiting two core courses for the LLM in Comparative Law in Africa are researcher from the University of Turin, Dr Luca Comparative Legal Systems and African Law. Electives include Siliquini Cinelli taught the second course, and Prof Civil Law, Common Law and Chinese Law and Investments in Ignazio Castellucci from the University of Trento taught the third course. Africa, the last of which was described as the first of its kind in South Africa by many enthusiastic students who registered for it in Research In 2013, CCLA Chair Professor Salvatore Mancuso 2013 and 2014. The CCLA also has a number of doctoral received a B3 rating from the National Research students. Foundation (NRF). CCLA’s pioneer research project, the PERC- funded comparative project on Mineral Law in Africa commenced with a methodology workshop Research held on November 22 and 23, 2013. The initial research team comprised academics from the Law Faculties of In May 2014, a CCLA research project to map Somaliland the Universities of Botswana, Namibia and Zambia. The customary law, funded by the National Research Foundation aim of the mineral law for Africa project is to create a systematic academic commentary on mining and (NRF) commenced with a trip led by the Principal Investigator, mineral laws in Africa, starting with a selection of Professor Salvatore Mancuso, to Somaliland to carry out a Southern African countries which present comparative technical analysis and determination of the project structure. The case studies in relation to South Africa. The research CCLA is collaborating on the project with the Faculty of Law at the has since grown to include other countries such as Mozambique and Tanzania. University of Hargeisa, Somaliland with whom the UCT Faculty of Law has a co-operation agreement. This is the second grant to Professor Mancuso’s UCT start-up research project on the CCLA from the NRF. In 2012, a grant made under the NRF Eritrean land law resulted in the publication of the Knowledge Fields Development category funded the inaugural book, Terra in Africa: Diritto Fondiario Eritreo (Eritrean Land Law) by the University of Trieste Press in 2013. Comparative Law in Africa Methodology Workshop which brought An updated edition to be published in English is together comparative law experts from various institutions in planned for a later date. Africa and beyond. The CCLA is also host to the Mineral Law in Africa (MLiA) The CCLA worked with the Somali Council of Research and Development (SOMCORD) to create a working research project led by Professor Hanri Mostert, focusing on the group of Somali scholars and jurists resident in South mapping of the mineral law and policy framework in various Africa as well as lawyers interested in Somali law to do African countries, with the objective of producing a book series on research and advise the Somali government in the mineral law and governance in Africa. This project is aimed at rebuilding of their legal system. making the knowledge of different African mineral law systems Capacity Building more accessible while engaging critically with issues of The CCLA embarked on its professional capacity governance in the extractive industries and their implications for building collaboration with Law@Work, the host communities and countries. Seed funding for the project was Professional Development Programme of the Faculty of Law to host two courses as follows: From 3rd to 7th provided through a grant from the UCT Programme for the June 2013, An Introduction to South African Oil and Enhancement of Research Capacity (PERC). Gas Law and Policy and from 2nd – 11th October 2013, Legal aspects of doing business in West and Central Journal of Comparative Law in Africa Africa.

Consultancies In 2014, the CCLA produced the first edition of its Journal of In 2013, the CCLA Chair served as a member of various Comparative Law in Africa (JCLA). The journal published by Juta teams of experts advising the Egyptian Government on the draft Mediation Law, the Ghanaian Government on

Guest Lecture Partnership Building The CCLA secured the visit of Chief Richard Akinjide, Senior Advocate of Nigeria (SAN) to deliver the first Faculty of Law CCLA’s Africa partnership building has led to the institution of its academic visitors guest lecture of the year on 25th February 2014, titled programme with the endowment of the distinguished Olu Akinkugbe Business Law “Currency and Power are Synonymous.” At 83 and in his in Africa Fellowship (OABLAF). The Fellowship supports the conduct and 58th year of legal practice, Chief Akinjide is Nigeria’s oldest publication of research to advance and improve business law and policy practising lawyer and leader of the Bar, a former member of frameworks across Africa. The fellowship commenced in October 2014 with two parliament and Minister of Education in the 1960s and inaugural fellows from the Lagos Business School and Omar Bongo University Attorney-General and Minister of Justice in the 1980s among Gabon, respectively. See more on this in the section on Academic Visitors to the many other accomplishments. See CCLA website news section for the speech. centre. For more information see Olu Akinkugbe Fellowship info document on

the CCLA website. Capacity building The CCLA continued its partnership with Law@Work, the Law and Policy Development in Africa to be applied to research, capacity building professional development project in the Law Faculty to host and research dissemination events. The Fund supports activities aimed at the second edition of the workshop on Legal aspects of addressing African issues with interventions generated on the continent in doing business in West and Central Africa in October 2014. response to changes in the economic, social and political landscape of Africa, including the global investment interest in the continent. For more information see the TYD Fund infosheet on the CCLA website. 2014 Publications

Both the Olu Akinkugbe Business Law in Africa Fellowship and the TY Danjuma L’OHADA au Service de L’Economie et de L’entreprise: Efficacite et Competitivite 1993-2013 (Cape Town: Juta Fund for Law and Policy Development in Africa were launched at an event held in th Publishers, 2014). Lagos on 6 May 2014 hosted by the Vice-Chancellor of UCT, Dr Max Price and attended by distinguished donors Chief Olu Akinkugbe CON and Gen TY Danjuma Salvatore Mancuso, “African Law in Action, Journal of GCON, among other eminent guests. African Law, Vol 58, Issue 01 April 2014 pp 1-21.

GFLJD Appointment Salvatore Mancuso, Le droit de contrats en Afrique. Le regard d’un africaniste, in M. Fontaine and D. Philippe, Contrats internationaux et arbitrage/International Contrats In April 2014, Prof Mancuso was appointed one of two co-ordinators of the thematic and Arbitration, (2014) Brussels, Larcier, pp. 55-73. working group on Justice and Rule of Law at the Global Forum on Law Justice and Development (GFLJD). Prof Mancuso also represented the CCLA at the Law Salvatore Mancuso, La circolazione di modelli giuridici (legali Justice and Development Week of the GFLJD from October 20-24, 2014. For more o dottrinali) italiani nell’Africa sub-sahariana (The circulation on the GFLJD, see www.globalforumljd.org of Italian legal and scholarly patterns in sub-Saharan Africa) in S. Lanni-P. Sirena (eds.), Il modello giuridico – scientifico e legislativo – italiano fuori dell’Europa. Atti del II Congresso Academic Visitors Nazionale della SIRD. Siena, Italy, September 2012 (2014) Naples, ESI, pp. 73-82. From September to November 2014, Prof Mahmoud Farah, Dean of the Faculty of Law at the University of Hargeisa, Somaliland, under the UCT scholars-at-risk Salvatore Mancuso, “A gap is a gap everywhere? An African Contribution to the Taxonomy of Legal Gaps” 29 Tulane programme which brings scholars at political risk in African countries or academics European & Civil Law Forum (2014)pp 1-13 at risk through lack of resources and governmental support in Africa. Salvatore Mancuso, Pluralismo giuridico in Somalia. For eight weeks from the beginning of October to the end of November 2014, two Trascorsi storici e sviluppi recenti, 9 Iura Gentium (2014) inaugural fellows under the Olu Akinkugbe Business Law in Africa Fellowships pp.140-163. were hosted by the CCLA - Professor Olawale Ajai, Professor for Legal, Social and Political Environment of Business and Head of the Department of Strategy at the Salvatore Mancuso, Analyse historique et comparée de la Lagos Business School and Professor Etienne Nsie, Deputy Dean of Pedagogy at figure de l’entreprenant en droit OHADA, in J. Diffo the Faculty of Law and Economics of the Omar Bongo University, Gabon. Tchunkam (ed.), L’OHADA au service de l’économie et de l’entreprise, (2014) Cape Town, JUTA, p. 178-187. From August to October 2014, Ms Margherita Baldarelli from the IUC Turin, spent two months at the CCLA conducting research for her doctoral studies. Ada Ordor, “Exploring Civil Society Partnerships in Enforcing Decent Work in South Africa” in Deirdre McCann et al (eds) Creative Labour Regulation: Indeterminacy and Protection in

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