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This chapter examines the delicate balance achieved by apex courts in new democracies when dealing with impunity for rights violations during times of transitional justice. While international law has clearly rejected amnesties for past rights violations, domestic politics sometimes incorporate amnesties as part of larger peace settlements. This puts courts in the difficult situation of balancing the competing demands of law and politics. Courts have achieved equipoise in this situation by adopting substantive interpretations and procedural approaches that use international law’s rights-based language but without implementing international law’s restrictions on amnesties. In many cases, courts do this without acknowledging the necessarily pragmatic nature of their decisions. In fact, oftentimes courts find ways of avoiding having to make any substantive decision, effectively removing themselves from a dispute that could call into question their adherence to international legal norms that transcend politics. In doing so, they empower political actors to continue down the road toward negotiated peace settlements, while at the same time protecting the courts’ legitimacy as institutions uniquely situated to protect international human rights norms – including those they have effectively deemphasized in the process.

Discusses principles of equality and justice in order to justify affirmative action and clarify its need. Posits that in both the USA and South Africa, issues of segregation and discrimination are not new and both countries have had the opportunity to address their past policies by way of affirmative action programmes. Looks at what determined the denouncement of the affirmative action in the USA and why the answer to this question may have a great impact on South Africa’s attempt to improve its own affirmative action programmes. Concludes that, although 30 years of affirmative action was deemed unconstitutional, how can South Africa derive and make use of the knowledge gained to help in stopping reverse discrimination.

The purpose of this monograph is to present the first English translation of a unique French colonial report on women living under colonial rule in West Africa.

The issue begins with a discussion of the contribution this report makes to the history of social development policy in Africa, and how it serves the on‐going critique of colonisation. This is followed by the English translation of the original report held in the National Archives of Senegal. The translation is accompanied by explanatory notes, translator’s comments, a glossary of African and technical terms, and a bibliography.

The discussion highlights contemporary social development policies and practices which featured in identical or similar forms in French colonial social policy.

As the report demonstrates, access to basic education and improving maternal/infant health care have dominated the social development agenda for women in sub‐Saharan Africa for over a century, and will continue to do so in the foreseeable future in the Millennium Development Goals which define the international community’s agenda for social development to 2015. The parallels between colonial and post‐colonial social policies in Africa raise questions about the philosophical and cultural foundations of contemporary social development policy in Africa and the direction policy is following in the 21st century.

Though the discussion adopts a consciously postcolonial perspective, the report that follows presents a consciously colonial view of the “Other”. Given the parallels identified here between contemporary and colonial policy‐making, this can only add to the value of the document in exploring the values that underpin contemporary social development practice.

Agitation for adoption of freedom of access to government information is an emerging issue in Africa and has gathered momentum since 2000 when South Africa passed the first freedom of information (FoI) law in the continent. This paper aims to discuss the extent of passage of FoI laws in Africa, the reality of their implementation in some of the countries and the critical challenges and recommendations.

A document analysis approach was adopted for gathering vital information on the realities and challenges of FoI implementation in Africa. Literature on the concepts, principles and practice of FoI were reviewed, and relevant facts and figures were extracted to buttress the authors’ argument.

Only 14 (25.5 per cent) of the 55 countries in Africa had signed FoI law as on January 31, 2015; 16 (29.0 per cent) are still lobbying, while 25 (45.5 per cent) of the states had no significant plan yet. Political factors like colonial legacy, poor leadership, inexperienced record managers for the implementation of FoI Acts (FoIA), corruption and hydra-headed clauses such as “national security, and other privacy rights” impede access to government records in Africa. The paper recommended among others that African countries should amend restrictive laws that continue to impede full implantation of FoI laws.

Implementation of the provisions in the FoIA in Africa will not be realistic unless those restrictive clauses that hinder citizens from freely accessing government information are reviewed in line with free access to information.

This paper appears to be the first to review the status of FoIA in Africa since the first right to information laws were signed in the continent.

This chapter considers how lesbian, gay, bisexual, and transgender (LGBT) activists in Namibia and South Africa appropriate discourses of decolonization associated with African national liberation movements. I examine the legal, cultural, and political possibilities associated with LGBT activists’ framing of law reform as a decolonization project. LGBT activists identified laws governing gender and sexual nonconformity as in particular need of reform. Using data from daily ethnographic observation of LGBT movement organizations, in-depth qualitative interviews with LGBT activists, and newspaper articles about political homophobia, I elucidate how Namibian and South African LGBT activists conceptualize movement challenges to antigay laws as decolonization.

In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates through a historical analysis of activist movements, popular literature, and case law that private law, specifically property and contract, were significant aspects of Jim Crow law and culture. The failure to understand the significance of private law has limited the breadth of juridical analyses of how to respond to racial divisions and injustices. Perry therefore contends that a paradigmatic shift is necessary in scholarly analyses of the Jim Crow era, to include private law, and moreover that this shift will enrich our understandings of both historic and current inequalities.

Indigenous governance systems in Africa provide a nuanced approach to the various philosophies that underpin governance structures through a spiritual perspective. In this chapter we debunk colonial narratives of Africa's dependence on colonial constructs of governance. We begin by highlighting the decentralized and centralized Indigenous governance frameworks practiced by different African communities. Communities with decentralized systems such as the Acholi, Luo, Keiyo, amongst others, were well organized at the local level, with the Council of Elders, Chief Priests, and Moral Elders and Chiefs carrying out various functions that ensured the community remained stable and prosperous. In centralized communities, the king had authority over their boundaries. The key aspects that stood out and ensured stability within the centralized systems included community representation, participation in governance, and checks and balances that provided proper societal growth as exemplified by the Bunyoro-Kitara and the Ashanti kingdoms. Even though the governance systems were quite different, the governance mechanisms had similar pillars, features, and principles anchored by humanism, communism, and the spiritual nature of governance amongst the African peoples. We concur that the Indigenous governance system allowed citizens, empires, and kingdoms to flourish. We conclude that African people can further develop the capacity to manage their ideas, resources, and opportunities for sustainable development, through Indigenous governance mechanisms and knowledge systems. We argue that African societies need to legally integrate the Indigenous governance systems in the current prevalent western governance model, create canters for researching Indigenous knowledge at the institutions of higher learning, and that civil society should play a role in ensuring accountability in governance systems.

Ever since this area of scholarship has been developed in the West, what has generally been taught, researched and written about in the organisation/management field have been primarily English and North American theories about and practices in organisations. This focus has also been adopted by scholars and teachers all over the world, so that mainstream organisation/management scholarship is generally synonymous with western systems. However organisation and management, though not necessarily described in those terms, have existed in all societies through their economic, social and political arrangements, regardless of period, types of activity and stages of technological development.

It is here proposed to examine some African traditional societies in terms of their economic, social and political systems and compare them with mainstream Anglo-Saxon theories and practices. The main focus of this study will be on questions of accountability. Areas to be investigated are the assumptions underlying theories and practices in both types of societies; the systems in practice; their advantages and disadvantages and crucially whether western approaches have anything to learn from these traditional systems, now diminished in power and scope but still very much present in many parts of Africa. The converse question might also be put – can those traditional systems still extant benefit from Anglo-Saxon models of organisation and management?

There are difficulties with such a project. Differences in time, space, culture, size, economic activity and technology must make for problems for researchers. There are then the problems faced by any researcher in terms of their ‘habitus’ or ‘situatedness’ and the need for awareness of their own potential influences on their research. How much more problematic might this prove when examining very different cultures and attempting to make comparisons between their social systems in different time spans, different locations and in entirely different global political and economic contexts?

British social anthropologists, studying traditional societies during the colonial period, had the additional difficulties of being part of (or seen as part of) an occupying colonial administration. Normal difficulties concerning problems with information given to researchers by informants were compounded by this political context in which a great deal of scholarship about traditional societies was produced. This has been discussed over the decades by social anthropologists and sociologists, and will be addressed in this chapter, as at least some of the information used is from that period.

However, despite the difficulties, there is value in such comparisons and in heightening awareness of issues such as accountability in non-western systems as compared with questions of accountability in western institutions. This is relevant for those teaching organisation and management studies – not least to students from other parts of the world, and for practitioners who might gain some advantage from considering different systems and practices, and possibly also gain more insight into their own situations.