Lesotho Law Journal

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Latest documents

• Something Happened on Our Way to ‘A Funny Democracy’: A Critical Analysis of 2018 (2) SA 571 (CC) Executive Accountability in South Africa and Lesotho

  The note examines the majority and minority judgments in Economic Freedom Fighters v Speaker of the National Assembly. It critically examines the majority judgment in for demonstrating lack of commitment to the text of the Constitution. The note uses its examination of the latter case to consider possible relevance and application of the case in Lesotho.

• Enforceability of Collective Agreement in Nigeria: The Imperative for Legal Paradigm Shift

  Prior or after the occurrence of dispute in an industrial undertaking, the employees or their association usually explore the option of attempting to reach amicable settlement with the employer or their association through collective bargaining. The process; where it is successful, culminates into an agreement known as collective agreement. Both local and international labour instruments give credence to collective bargaining as an integral part of labour and employment relations. In Nigeria, collective agreements, despite the onerous process of bargaining, subject to very strenuous exceptions, are unenforceable because they are regarded as “gentleman’s agreement” binding only in honour. This has accounted for incessant strikes from various employee associations against the government for failure to implement collective agreement because the only available remedy in such failure is resort to industrial action. This paper through comparative and doctrinal research methodologies, argues that collective agreement should become enforceable once reached considering the human and material resources expended in the process. It contends that automatic enforcement of collective agreement would create industrial stability and transparency as it would no longer be exploited as a palliative measure against employees’ agitation. It makes vital recommendations towards achieving automatic enforcement of collective agreement before conclusion.

• Anti-Kidnapping Legislations in Nigeria: A Comparative Approach

  The act of kidnapping has become both social and economic challenges in Nigeria. This has affected the country because most foreign countries have resorted to warning their citizens to be wary of visits to Nigeria. Thus, many would-be investors have stayed away from the country for fear of being kidnapped or killed in the process. It is therefore obvious and appalling state of social and security confusion in Nigeria that fuelled the recent legislative reactions both by the federal government and some state governments in Nigeria. This however, resulted in the enactment of laws with more stringent provisions than the ones contained in the Criminal Code Act applicable in the southern part of Nigeria, and the Penal Code which is applicable in the northern part of Nigeria respectively, with a view to stamping out the menace from existence as a social and security problem in Nigeria. However, this study questions the effectiveness or otherwise of these legislations in deterring or curbing the menace of kidnapping in Nigeria by taking a comparative look at the relevant provisions of some states’ laws in Nigeria having bearing on the offence of kidnaping, as well as the relevant provisions in some foreign jurisdictions and appraise the usefulness or otherwise of these provisions having regard to the realities of the kidnapping menace in Nigeria and thereafter proffer some policy recommendations.

• Beyond Law Making: Law Enforcement as a Critical Tool In Tackling Fulani Herdsmen Crisis In Nigeria

  The communities in the middle-belt region of Nigeria have been exposed to violent attacks by Fulani herdsmen for about two decades. The attacks to which thousands of people have lost their lives and several other displaced have gradually degenerated to a state of chaos threatening national security. The on-going security turmoil in the middle belt mirrors the failure of law enforcement and implementation in the country. Whereas these attacks amount to criminal acts including murder, manslaughter and arson there has been no commendable effort towards arrest, trial and sentencing of culprits. The link between crime and punishment is severed hence difficulty of ending the attacks. The inadequacy of criminal enforcement and punishment which accounts for the high rate of crime and insecurity in the country amount to breach of the constitutional obligation of government to preserve security of lives and properties and fundamental human rights of the people. This study examines Fulani herdsmen attacks from the perspective of criminal law enforcement as tool for preserving social order and security. Although the government of the various concerned middle belt/North Central states have enacted anti-gracing laws, law enactment alone will not suffice to curb crime hence the incessant nature of the attacks. The aim of this study is to proffer proactive solutions to the farmer-herder killings in the middle belt region of Nigeria. This is with the objective of ascertaining factors responsible for the failure of existing criminal legal system in tackling societal crimes incidental to the herdsmen crisis and to deter further attacks. The study examines various narratives to the Fulani-herdsmen crisis and theoretical perspectives on crime and punishment. The study found the inadequacy of law enactment in the country, the current federal policing structure, erosion of communal dispute settlement system and general lack of political will as responsible for the problem. The study recommends review of the criminal justice system to update relevant laws and proper implement of applicable law laws as the crimes committed in the course of the attacks are all recognised under existing laws.

• Something Happened on Our Way to ‘A Funny Democracy’: A Critical Analysis of 2018 (2) SA 571 (CC) Executive Accountability in South Africa and Lesotho

  The note examines the majority and minority judgments in Economic Freedom Fighters v Speaker of the National Assembly. It critically examines the majority judgment in for demonstrating lack of commitment to the text of the Constitution. The note uses its examination of the latter case to consider possible relevance and application of the case in Lesotho.

• Enforceability of Collective Agreement in Nigeria: The Imperative for Legal Paradigm Shift

  Prior or after the occurrence of dispute in an industrial undertaking, the employees or their association usually explore the option of attempting to reach amicable settlement with the employer or their association through collective bargaining. The process; where it is successful, culminates into an agreement known as collective agreement. Both local and international labour instruments give credence to collective bargaining as an integral part of labour and employment relations. In Nigeria, collective agreements, despite the onerous process of bargaining, subject to very strenuous exceptions, are unenforceable because they are regarded as “gentleman’s agreement” binding only in honour. This has accounted for incessant strikes from various employee associations against the government for failure to implement collective agreement because the only available remedy in such failure is resort to industrial action. This paper through comparative and doctrinal research methodologies, argues that collective agreement should become enforceable once reached considering the human and material resources expended in the process. It contends that automatic enforcement of collective agreement would create industrial stability and transparency as it would no longer be exploited as a palliative measure against employees’ agitation. It makes vital recommendations towards achieving automatic enforcement of collective agreement before conclusion.

• Beyond Law Making: Law Enforcement as a Critical Tool In Tackling Fulani Herdsmen Crisis In Nigeria

  The communities in the middle-belt region of Nigeria have been exposed to violent attacks by Fulani herdsmen for about two decades. The attacks to which thousands of people have lost their lives and several other displaced have gradually degenerated to a state of chaos threatening national security. The on-going security turmoil in the middle belt mirrors the failure of law enforcement and implementation in the country. Whereas these attacks amount to criminal acts including murder, manslaughter and arson there has been no commendable effort towards arrest, trial and sentencing of culprits. The link between crime and punishment is severed hence difficulty of ending the attacks. The inadequacy of criminal enforcement and punishment which accounts for the high rate of crime and insecurity in the country amount to breach of the constitutional obligation of government to preserve security of lives and properties and fundamental human rights of the people. This study examines Fulani herdsmen attacks from the perspective of criminal law enforcement as tool for preserving social order and security. Although the government of the various concerned middle belt/North Central states have enacted anti-gracing laws, law enactment alone will not suffice to curb crime hence the incessant nature of the attacks. The aim of this study is to proffer proactive solutions to the farmer-herder killings in the middle belt region of Nigeria. This is with the objective of ascertaining factors responsible for the failure of existing criminal legal system in tackling societal crimes incidental to the herdsmen crisis and to deter further attacks. The study examines various narratives to the Fulani-herdsmen crisis and theoretical perspectives on crime and punishment. The study found the inadequacy of law enactment in the country, the current federal policing structure, erosion of communal dispute settlement system and general lack of political will as responsible for the problem. The study recommends review of the criminal justice system to update relevant laws and proper implement of applicable law laws as the crimes committed in the course of the attacks are all recognised under existing laws.

• Double Jeopardy at the workplace : unnecessary duplication of judicial processes in Lesotho Labour Law
• Horizontal application of the Bill of Rights : comparative perspective
• Capacity and effectiveness of selected National Human Rights Institutions in South Africa

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