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

CONFERENCE PROGRAMME

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 Discussion

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: RASHIDA MANJOO University of Cape Town, Faculty of Law

JAMEELAH OMAR University of Cape Town, Faculty of Law JOEL MODIRI University of Pretoria, Faculty of Law NOLUNDI LUWAYA University of Cape Town, LARC

SANELE SIBANDA University of the Witwatersrand, School of Law

CONFERENCE PROGRAMME

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

PANEL 1A Children and the Law

PANEL 1C Socio-Legal Research Agendas

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’: 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

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 Questioning appropriateness of legal research in Kenya: The nexus between research funding, academic freedom and social responsibility

OMOWAMIWA KOLAWOLE University of Cape Town, Faculty of Law Applying relational theory in realisation of the right to health in African countries VERONICA FYNN BRUEY University of Washington, School of Law Complex system methodology for gender justice research in Liberia and Australia

CONFERENCE PROGRAMME

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 discontents SARITA PILLAY Ndifuna Ukwazi Mobilising for urban land justice in Cape Town

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 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

Chair TINENENJI BANDA Southern African Institute for Policy and Research Panellists ADA ORDOR University of Cape Town, Centre for Comparative Law in Africa The non-profit sector and citizenship in Africa: Insights from South Africa and Nigeria 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?

CONFERENCE PROGRAMME

PHILILE NTULI University of Cape Town, Land and Accountability Research Centre Whose land is it anyway? A critical analysis of the post-apartheid communal land tenure project, drawing on case studies from rural KZN

NOLUNDI LUWAYA University of Cape Town, Land and Accountability Research Centre Women’s land rights and communal land: Taking small steps to security

18:15 – 19:30

19:30 – 21:30 Dinner

Keynote Conversation The Development of Law and Society Scholarship

Facilitator: DEE SMYTHE University of Cape Town, Centre for Law and Society

DAVID TRUBEK University of Wisconsin Law School DENNIS DAVIS University of Cape Town, Faculty of Law

CONFERENCE PROGRAMME

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 Gender, Law and Society

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 Incorporating a coherent principle of restraint in South Africa’s separation of powers model

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:

CONFERENCE PROGRAMME

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 Working on an Introduction to Sociology of law (SoL) in the LLB in Pretoria

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

Using Association Football to combat gender and sexual discrimination in Uganda 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 SARAI CHISALA-TEMPELHOFF Malawi Human Rights Commission Exploring the efficacy of criminal sanctions in combating harmful practices in Malawi: An analysis of The State vs Eric Aniva

10:30 – 11:00 Tea Break

11:00 – 12:30 CONCURRENT PANELS – Panels 4A, 4B, 4C

PANEL 4A The “Other” Law

PANEL 4B Urban Land Occupations

PANEL 4C Authoritarianism and International Law

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

Chair CHANDA TEMBO 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

Chair KELLEY MOULT University of Cape Town, Centre for Law and Society Panellists MARK FATHI MASSOUD University of California, Santa Cruz, Politics Department

CONFERENCE PROGRAMME

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

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 RICARDO JACOBS Johns Hopkins University, Department of Sociology An urban proletariat with peasant characteristics: Land occupations and livestock raising in the City of Cape Town

Legal Pluralism and the Crisis of Governance in Somalia, 1950-1991 NTOMBIZOZUKO DYANI-MHANGO University of the Witwatersrand, School of Law South Africa’s Dilemma: Immunity Laws, International Obligations and the visit by Sudan’s President Omar Al Bashir THOMAS KELLEY University of North Carolina, School of Law Legislating memory in Rwanda

13:00 – 14:30

Lunchtime Keynote Conversation: Race and the Law Facilitator: ELRENA VAN DER SPUY University of Cape Town, Faculty of Law

TANYA HERNANDEZ Fordham University, School of Law

PENNY ANDREWS University of Cape Town, Faculty of Law

CONFERENCE PROGRAMME

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

PANEL 5A Socio-Economic Rights

PANEL 5B Intellectual Property and Indigenous

Knowledge

PANEL 5C Courts and Judges

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, SHÉAN 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

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 traditional knowledge in South Africa: An opportunity lost (and found)? CHANDA TEMBO University of Zambia, School of Law Repairing the Zambian Plant Breeder’s 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

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 Governance and Rights Unit Perceiving gender and judging from an African vantage point: A ‘different’ voice v different perspectives

CONFERENCE PROGRAMME

Justiciability of socio-economic rights in Nigeria: Lessons from South Africa and India

16:15 – 16:30 Tea Break

17:45 – 20:00

A CLS “With(out) Law Conversations” Event Turning to Law: Perspectives on Legal Activism for Social Justice

Facilitator: MELANIE JUDGE University of Cape Town, Centre for Law and Society

AMELIA VUKEYA MOTSEPE Senior Legal Consultant; KERRY WILLIAMS Webber Wentzel MANDISA SHANDU Ndifuna Ukwazi Law Centre; NURINA ALLY Equal Education Law Centre

Background to the Bo-Kaap

FR. MICHAEL WEEDER Dean of the Anglican Cathedral of St George

CONFERENCE PROGRAMME

DAY 3 SUNDAY 11 DECEMBER 2016

07:15 – 08:30

08:30 – 09:00 Registration

09:00 – 10:30 CONCURRENT PANELS – Panels 6A & 6B

PANEL 6A Mining and Extractives

PANEL 6B Protest

Chair MTENDE MHANGO 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

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 the graffiti died JAMEELAH OMAR University of Cape Town, Faculty of Law Civil disobedience in Constitutional South Africa

Breakfast Keynote Conversation The globalization of the legal services market and its implications for Africa

Facilitator: HEINZ KLUG University of Wisconsin Law School

DAVID WILKINS Harvard Law School

CONFERENCE PROGRAMME

Water pollution: A legacy of mining and its implications for 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

LISA CHAMBERLAIN, MBALENHLE MATANDELA AND GINA SNYMAN University of the Witwatersrand, Centre for Applied Legal Studies Lawyering protest: Critique and creativity MLULEKI MARONGO Section27 The crucible of horrid protest laws

10:30 – 11:00 Tea Break

11:00 – 13:00 CONCURRENT PANELS – Panels 7A & 7B

PANEL 7A The Environment

PANEL 7B Law, Culture and Custom

Chair CHERI YOUNG University of Cape Town, Mineral Law in Africa Panellists ALEXANDER PATERSON University of Cape Town, Institute of Marine and Environmental Law Promoting participatory forest management: A critical and comparative review of South Africa and Namibia’s forest legislation 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 Judicial Protection of Women’s Matrimonial Property Rights under Customary Law in South-East Nigeria 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

CONFERENCE PROGRAMME

ERICK KOMOLO Kenyatta University, School of Law Regime fragmentation patterns in Kenya’s marine fisheries TINENENJI BANDA Southern African Institute for Policy and Research Environmental management of mining activity in Zambia: Addressing the agency costs

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

14:15 – 14:30

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

14:30 Lunch & Departure

Closing Panel Discussion: Law and Society Scholarship on Africa: Towards 2018 Facilitator: DEE SMYTHE University of Cape Town, Centre for Law and Society AMR SHALAKANY American University in Cairo, Law and Society Research Unit

HEINZ KLUG University of Wisconsin Law School; KELLEY MOULT University of Cape Town, Centre for Law and Society