Charles Manga Fombad
Biographic Data
| ID | 190047 |
|---|---|
| NAME | Charles Manga Fombad |
| GIVEN NAMES | Charles Manga |
| FAMILY NAME | Fombad |
| SIGNATURE | FOMBAD C M |
| AFFILIATIONS | University of Pretoria |
| ORCID | 0000-0002-7794-1496 |
| VERIFIED | Yes |
| TOTAL WORKS | 31 |
| TOTAL CITATIONS | 36 |
| AUTHOR COUNT | 31 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1991 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
Constitutional Literacy in Africa: Imperatives for an Informed, Engaged, and Empowered Citizenry
Fostering a Constructive Intra-African Legal Dialogue in Post-Colonial Africa
The contention of this article is that there is a need to debunk the myth that the diversity of Africa's inherited legal systems means that the continent has little to contribute to the global legal dialogue. For Africa to make an effective contribution to global legal dialogue, there is a need for serious intra-African legal dialogue. The article focuses on sub-Saharan countries and provides an overview of the numerous legal traditions that were…
An Overview of the State of Electoral Democracy in Africa
Most recent accounts paint a bleak and gloomy picture of the state of global democracy. This is particularly so in Africa where the optimism of a democratic revival in the 1990s is rapidly giving way to narratives of doom and gloom. Using survey data compiled by well-established regional and global international organisations, this paper assesses the state of electoral democracy in Africa, reviews the challenges that have been encountered, and co…
A comparative overview of recent trends in judicial appointments: Selected cases from Africa
One of Africa’s major challenges in the last three decades has been the need to restore confidence in the judiciary. During the long years of dictatorial rule, judges were stripped of their independence and appointed or dismissed at the whim of presidents; the public consequently had scant trust in the judiciary. This paper provides a comparative overview of developments in Africa in the last three decades. It seeks to determine to what extent ap…
The stock theft act and customary courts in Botswana: Justice sacrificed on the altar of expediency
The incidence of stock theft has been high in Botswana, as it is elsewhere in the Southern African Development Community (SADC). In 1996, the problem compelled the country’s parliament to intervene and enact the Stock Theft Act. After 22 years of its being in operation, however, there is little evidence to suggest that the Act’s harsh penalties have led to a reduction in cattle theft. A more serious problem with the law is that its penalties are …
Constitutional Entrenchment of Decentralization in Africa: An Overview of Trends and Tendencies
The prominent place given to decentralization in the design of post-1990 African constitutions has been likened to a silent revolution. This is not surprising, for sharing power has been anathema to post-independence African leaders, who have striven to personalize power and concentrate it within a privileged clique in the capital city. This article assesses the nature and significance of the increasing trend in Africa towards constitutional entr…
Election Management Bodies (embs) in Eastern and Southern Africa: Some Reflections on their Legal Framework
It is generally recognised that election management bodies ( emb s) constitute one of the most important institutions needed to sustain Africa’s fledgling transition to democratic and constitutional governance. They are needed to ensure that all political actors adhere to the rules of the electoral contest and that the outcome of elections are not predetermined and are based on free and fair processes that reflect the genuine will of the people. …
State, Religion, and Law in Cameroon: Regulatory Control, Tension, and Accommodation
This paper examines the complex relations that have existed over the years between religious \norganisations and the state in Cameroon. It focuses on the tensions that have arisen as the \nstate tried, especially after 1990 to recognise and protect freedom of religion and religious \ndiversity whilst working closely with the diverse religious organisations in the country to \nfurther the political, economic and social development of the country. …
Conceptualising a Framework for Inclusive, Fair and Robust Multiparty Democracy in Africa: The Constitutionalisation of the Rights of Political Parties
VRÜ Verfassung und Recht in Übersee , Seite 3 - 27
Appointment of constitutional adjudicators in Africa: Some perspectives on how different systems yield similar outcomes
The last decade has seen the judiciary’s legitimacy come under increasing scrutiny as \nmore and more sensitive and politically charged battles are fought in the courts. These \nhave not only placed constitutional adjudicators in awkward situations but raised \nquestions about how they are chosen. The process of selecting judges, generally, is \nprobably one of the most powerful and effective means that could be used by the other \ntwo branches o…
Constitution-Building in Africa: The Never-Ending Story of the Making, Unmaking and Remaking of Constitutions
Constitution-building is a delicate and intricate process which requires ample reflection and careful choices. African constitution-builders and politicians have since the beginning of the 1990s embarked on a process of constitutional reforms. A careful examination of the developments of the last two decades shows that the process has almost provoked never-ending contagion of making, unmaking and remaking of constitutions. This paper attempts to …
Gender equality in African customary law: Has the male ultimogeniture rule any future in Botswana
The actual and perceived conflicts between customary law and human rights law, especially in issues dealing with gender equality, have remained a major challenge in Africa. Some of these conflicts are further complicated by the varying and contradictory interpretation of some customary laws by the courts. Different approaches have been adopted at different times and in different places to deal with some of these conflicts. One of the most controv…
Africanisation of Legal Education Programmes: The need for Comparative African Legal Studies
Debates and discussions about the African renaissance and the Africanisation of universities have raged for decades. The goal of developing an emancipatory Afrocentric system that frees African education from the continuous and dominant influence of Euro- and American-centric cultural values remains a challenge. This is particularly so with respect to conventional African legal training and research programmes. Some African legal scholars, someti…
A Critical Review of the Jurisprudence of the African Commission on the Right to Development
This article critically examines the jurisprudence of the African Commission on Human and Peoples' Rights (the African Commission) on the right to development (RTD). Notwithstanding the controversy over the RTD, it is binding in the African human rights system and has been the focus of a number of cases that have come before the African Commission. After briefly examining the historical and theoretical framework of the RTD, the article focuses on…
Internationalization of Constitutional Law and Constitutionalism in Africa
This paper aims to examine the possible impact that the internationalization of constitutional law may have on constitutional developments and the consolidation of constitutionalism and the rule of law in Africa. As an attempt to provide universal solutions to some of the common problems we face today, the phenomena of internationalization has seen the increasing willingness of legislatures and judiciaries to look beyond the national boundaries f…
The Swaziland Constitution of 2005: Can Absolutism be Reconciled with Modern Constitutionalism
In February 2006 the Constitution of the Kingdom of Swaziland came into effect. The new Constitution contains many progressive ideas but it also retains many of the features that have drawn international attention to the excesses of the absolute and authoritarian powers of the Swazi King. Despite its veneer of constitutionalism and constitutional legitimacy, the new Constitution does little to protect the Swazis against the excesses of the author…
Challenges to Constitutionalism and Constitutional Rights in Africa and the Enabling Role of Political Parties: Lessons and Perspectives from Southern Africa
The so-called “third wave” of democratization that has swept through the African continent since the 1990s unleashed in its wake some sort of epidemic of constitution-making. Today, the new or substantially revised constitutions that have now been introduced in most African countries contain provisions that purport to recognize and protect most of the fundamental human rights that are associated with constitutionalism and Western liberal democrac…
Protecting Children's Rights in Social Science Research in Botswana: Some Ethical and Legal Dilemmas
Debate has raged whether it is ever right to use children in conducting research in the social sciences. Some have argued that the use of a nonconsenting subject or a subject whose consent is often doubtful, such as is the case with children, is wrong whether or not there is any risk posed to the subject. Others support such research provided it involves no discernible risk to the children. Social science researchers may enlist children in their …
Cameroon's emergency powers: A recipe for (un)constitutional dictatorship
The need for governments to be given the powers to meet future emergencies, whether man-made or natural, with speed and effectiveness is widely recognized. However, because of the frequent violations of human rights committed by states under the pretext of overcoming emergencies and restoring order, there has always been a need for the exercise of these emergency powers to be strictly controlled to prevent their abuse. This article reviews the cu…
The Constitutuional Protection Against discrimination In Botswana
At independence in 1966 Botswana, like most former British colonies, adopted a Constitution which included a Bill of Rights. Whilst this tried to reconcile the needs of maintaining public order with that of protecting human rights, it did not entirely remove some of the vestiges of authoritarianism and discrimination that had been associated with the preceding colonial administration. Since independence, the country has had to grapple with many p…
The Lawyer in the Emerging Digital Environment: A Botswana Perspective
The advent of the global digital revolution and the phenomenal advances in information and communication technologies (ICTs), have today provided an opportunity for the much-vaunted African renaissance and a chance for the continent to leapfrog over some of the enormous barriers of underdevelopment and claim a place in the post-industrial economy. The new technology has not only liberated the human brain from many mundane tasks but it has enhance…
The Protection of Freedom of Expression in the Public Service Media in Southern Africa: A Botswana Perspective
This paper critically examines the public service media (PSM) in Southern Africa with particular emphasis on Botswana. The PSM, which is considered to be one of the key institutions that needs to be strengthened if the current transition to democracy and the building of an open and accountable system in Africa is to take root, faces many challenges due to its vulnerability to state control and manipulation. After an analysis of the PSM concept an…
The Enhancement of Good Governance in Botswana: A Critical Assessment of the Ombudsman Act, 1995
One of the major consequences of the winds of change blowing through Africa since the early 1990s has been the search for more effective methods of promoting good governance. The Ombudsman institution is increasingly regarded as one of the best means of achieving this. In 1995, Botswana established its first Ombudsman institution and appointed the first office holder two years later. As one of the few successful multiparty democracies in Africa, …
The Crisis of Confidentiality in the Control of the HIV/Aids Pandemic in Botswana
This paper looks at the recent challenges to the confidentiality of the status of HIV patients in Botswana, the country with the highest rate of infection in the world. The nature and scope as well as the legal and ethical basis of confidentiality are examined. It is argued that this concept is not only an aspect of the fundamental human rights of patients but is also crucial in any effective strategy to halt the spread of the virus by encouragin…
Current Developments
Challenges to Constitutionalism and Constitutional Rights in Africa and the Enabling Role of Political Parties: Lessons and Perspectives from Southern Africa
The so-called “third wave” of democratization that has swept through the African continent since the 1990s unleashed in its wake some sort of epidemic of constitution-making. Today, the new or substantially revised constitutions that have now been introduced in most African countries contain provisions that purport to recognize and protect most of the fundamental human rights that are associated with constitutionalism and Western liberal democrac…
The Crisis of Confidentiality in the Control of the HIV/Aids Pandemic in Botswana
This paper looks at the recent challenges to the confidentiality of the status of HIV patients in Botswana, the country with the highest rate of infection in the world. The nature and scope as well as the legal and ethical basis of confidentiality are examined. It is argued that this concept is not only an aspect of the fundamental human rights of patients but is also crucial in any effective strategy to halt the spread of the virus by encouragin…
State, Religion, and Law in Cameroon: Regulatory Control, Tension, and Accommodation
This paper examines the complex relations that have existed over the years between religious \norganisations and the state in Cameroon. It focuses on the tensions that have arisen as the \nstate tried, especially after 1990 to recognise and protect freedom of religion and religious \ndiversity whilst working closely with the diverse religious organisations in the country to \nfurther the political, economic and social development of the country. …
The Constitutuional Protection Against discrimination In Botswana
At independence in 1966 Botswana, like most former British colonies, adopted a Constitution which included a Bill of Rights. Whilst this tried to reconcile the needs of maintaining public order with that of protecting human rights, it did not entirely remove some of the vestiges of authoritarianism and discrimination that had been associated with the preceding colonial administration. Since independence, the country has had to grapple with many p…
Curbing corruption in Africa: Some lessons from Botswana's experience
Gender equality in African customary law: Has the male ultimogeniture rule any future in Botswana
The actual and perceived conflicts between customary law and human rights law, especially in issues dealing with gender equality, have remained a major challenge in Africa. Some of these conflicts are further complicated by the varying and contradictory interpretation of some customary laws by the courts. Different approaches have been adopted at different times and in different places to deal with some of these conflicts. One of the most controv…
Election Management Bodies (embs) in Eastern and Southern Africa: Some Reflections on their Legal Framework
It is generally recognised that election management bodies ( emb s) constitute one of the most important institutions needed to sustain Africa’s fledgling transition to democratic and constitutional governance. They are needed to ensure that all political actors adhere to the rules of the electoral contest and that the outcome of elections are not predetermined and are based on free and fair processes that reflect the genuine will of the people. …
Constitutional Literacy in Africa: Imperatives for an Informed, Engaged, and Empowered Citizenry
Constitution-Building in Africa: The Never-Ending Story of the Making, Unmaking and Remaking of Constitutions
Constitution-building is a delicate and intricate process which requires ample reflection and careful choices. African constitution-builders and politicians have since the beginning of the 1990s embarked on a process of constitutional reforms. A careful examination of the developments of the last two decades shows that the process has almost provoked never-ending contagion of making, unmaking and remaking of constitutions. This paper attempts to …
Africanisation of Legal Education Programmes: The need for Comparative African Legal Studies
Debates and discussions about the African renaissance and the Africanisation of universities have raged for decades. The goal of developing an emancipatory Afrocentric system that frees African education from the continuous and dominant influence of Euro- and American-centric cultural values remains a challenge. This is particularly so with respect to conventional African legal training and research programmes. Some African legal scholars, someti…
Internationalization of Constitutional Law and Constitutionalism in Africa
This paper aims to examine the possible impact that the internationalization of constitutional law may have on constitutional developments and the consolidation of constitutionalism and the rule of law in Africa. As an attempt to provide universal solutions to some of the common problems we face today, the phenomena of internationalization has seen the increasing willingness of legislatures and judiciaries to look beyond the national boundaries f…
The Protection of Freedom of Expression in the Public Service Media in Southern Africa: A Botswana Perspective
This paper critically examines the public service media (PSM) in Southern Africa with particular emphasis on Botswana. The PSM, which is considered to be one of the key institutions that needs to be strengthened if the current transition to democracy and the building of an open and accountable system in Africa is to take root, faces many challenges due to its vulnerability to state control and manipulation. After an analysis of the PSM concept an…
The Enhancement of Good Governance in Botswana: A Critical Assessment of the Ombudsman Act, 1995
One of the major consequences of the winds of change blowing through Africa since the early 1990s has been the search for more effective methods of promoting good governance. The Ombudsman institution is increasingly regarded as one of the best means of achieving this. In 1995, Botswana established its first Ombudsman institution and appointed the first office holder two years later. As one of the few successful multiparty democracies in Africa, …
The Scope for Uniform National Laws in Cameroon
Cameroon like most formerly colonised countries in African has, since independence and re-unification, grappled with a Danaidean task in attempting to develop a modern legal system that takes account of its heritage and present conditions, as well as its socio-economic and political needs. If the history of African legal systems reflects the difficulties encountered in framing national laws derived from customary and foreign laws introduced durin…
The Scope for Uniform National Laws in Cameroon
Cameroon like most formerly colonised countries in African has, since independence and re-unification, grappled with a Danaidean task in attempting to develop a modern legal system that takes account of its heritage and present conditions, as well as its socio-economic and political needs. If the history of African legal systems reflects the difficulties encountered in framing national laws derived from customary and foreign laws introduced durin…
The Motor Accident Compensation Ordinance, 1989, of Cameroon
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Freedom of Expression in the Cameroonian Democratic Transition
Freedom of expression is not only a fundamental human right but also constitutes one of the essential elements in the establishment of a democratic society. No country can seriously profess to be a democracy, or pretend to be making efforts towards this, if its citizens cannot freely express their opinions. Recent moves to introduce freedom of expression in Cameroon have come at a particularly difficult time. Like most African countries, it is on…
The new Cameroonian constitutional council in a comparative perspective: Progress or retrogression
The 1990s will go down in history as the decade when Africans had the chance to correct and make up for the blunders of the 1960s. Constitutional and multi-party democracy is now back in fashion and many are ready to forgive the errors of the past and make the sacrifices that will make such democracy and the expected concomitant economic progress possible. The daunting task facing African constitutional engineers is how to free themselves, intell…
Compensation of victims of motor vehicle accidents in Botswana: An appraisal of the MVA Fund Act scheme
In Botswana, which has one of the fastest growing economies in the world, motor vehicle accidents have become a serious economic and social problem. The waste of human and material resources caused by the resulting deaths, bodily injuries and damage to property has for long been a matter of concern t o the government. This is particularly so because not only are financial resources diverted away from more productive purposes, but members of the p…
Curbing corruption in Africa: Some lessons from Botswana's experience
Current Developments
The Enhancement of Good Governance in Botswana: A Critical Assessment of the Ombudsman Act, 1995
One of the major consequences of the winds of change blowing through Africa since the early 1990s has been the search for more effective methods of promoting good governance. The Ombudsman institution is increasingly regarded as one of the best means of achieving this. In 1995, Botswana established its first Ombudsman institution and appointed the first office holder two years later. As one of the few successful multiparty democracies in Africa, …
The Crisis of Confidentiality in the Control of the HIV/Aids Pandemic in Botswana
This paper looks at the recent challenges to the confidentiality of the status of HIV patients in Botswana, the country with the highest rate of infection in the world. The nature and scope as well as the legal and ethical basis of confidentiality are examined. It is argued that this concept is not only an aspect of the fundamental human rights of patients but is also crucial in any effective strategy to halt the spread of the virus by encouragin…
The Protection of Freedom of Expression in the Public Service Media in Southern Africa: A Botswana Perspective
This paper critically examines the public service media (PSM) in Southern Africa with particular emphasis on Botswana. The PSM, which is considered to be one of the key institutions that needs to be strengthened if the current transition to democracy and the building of an open and accountable system in Africa is to take root, faces many challenges due to its vulnerability to state control and manipulation. After an analysis of the PSM concept an…
Cameroon's emergency powers: A recipe for (un)constitutional dictatorship
The need for governments to be given the powers to meet future emergencies, whether man-made or natural, with speed and effectiveness is widely recognized. However, because of the frequent violations of human rights committed by states under the pretext of overcoming emergencies and restoring order, there has always been a need for the exercise of these emergency powers to be strictly controlled to prevent their abuse. This article reviews the cu…
The Constitutuional Protection Against discrimination In Botswana
At independence in 1966 Botswana, like most former British colonies, adopted a Constitution which included a Bill of Rights. Whilst this tried to reconcile the needs of maintaining public order with that of protecting human rights, it did not entirely remove some of the vestiges of authoritarianism and discrimination that had been associated with the preceding colonial administration. Since independence, the country has had to grapple with many p…
The Lawyer in the Emerging Digital Environment: A Botswana Perspective
The advent of the global digital revolution and the phenomenal advances in information and communication technologies (ICTs), have today provided an opportunity for the much-vaunted African renaissance and a chance for the continent to leapfrog over some of the enormous barriers of underdevelopment and claim a place in the post-industrial economy. The new technology has not only liberated the human brain from many mundane tasks but it has enhance…
Protecting Children's Rights in Social Science Research in Botswana: Some Ethical and Legal Dilemmas
Debate has raged whether it is ever right to use children in conducting research in the social sciences. Some have argued that the use of a nonconsenting subject or a subject whose consent is often doubtful, such as is the case with children, is wrong whether or not there is any risk posed to the subject. Others support such research provided it involves no discernible risk to the children. Social science researchers may enlist children in their …
The Swaziland Constitution of 2005: Can Absolutism be Reconciled with Modern Constitutionalism
In February 2006 the Constitution of the Kingdom of Swaziland came into effect. The new Constitution contains many progressive ideas but it also retains many of the features that have drawn international attention to the excesses of the absolute and authoritarian powers of the Swazi King. Despite its veneer of constitutionalism and constitutional legitimacy, the new Constitution does little to protect the Swazis against the excesses of the author…
Challenges to Constitutionalism and Constitutional Rights in Africa and the Enabling Role of Political Parties: Lessons and Perspectives from Southern Africa
The so-called “third wave” of democratization that has swept through the African continent since the 1990s unleashed in its wake some sort of epidemic of constitution-making. Today, the new or substantially revised constitutions that have now been introduced in most African countries contain provisions that purport to recognize and protect most of the fundamental human rights that are associated with constitutionalism and Western liberal democrac…
Internationalization of Constitutional Law and Constitutionalism in Africa
This paper aims to examine the possible impact that the internationalization of constitutional law may have on constitutional developments and the consolidation of constitutionalism and the rule of law in Africa. As an attempt to provide universal solutions to some of the common problems we face today, the phenomena of internationalization has seen the increasing willingness of legislatures and judiciaries to look beyond the national boundaries f…
A Critical Review of the Jurisprudence of the African Commission on the Right to Development
This article critically examines the jurisprudence of the African Commission on Human and Peoples' Rights (the African Commission) on the right to development (RTD). Notwithstanding the controversy over the RTD, it is binding in the African human rights system and has been the focus of a number of cases that have come before the African Commission. After briefly examining the historical and theoretical framework of the RTD, the article focuses on…
Appointment of constitutional adjudicators in Africa: Some perspectives on how different systems yield similar outcomes
The last decade has seen the judiciary’s legitimacy come under increasing scrutiny as \nmore and more sensitive and politically charged battles are fought in the courts. These \nhave not only placed constitutional adjudicators in awkward situations but raised \nquestions about how they are chosen. The process of selecting judges, generally, is \nprobably one of the most powerful and effective means that could be used by the other \ntwo branches o…
Constitution-Building in Africa: The Never-Ending Story of the Making, Unmaking and Remaking of Constitutions
Constitution-building is a delicate and intricate process which requires ample reflection and careful choices. African constitution-builders and politicians have since the beginning of the 1990s embarked on a process of constitutional reforms. A careful examination of the developments of the last two decades shows that the process has almost provoked never-ending contagion of making, unmaking and remaking of constitutions. This paper attempts to …
Gender equality in African customary law: Has the male ultimogeniture rule any future in Botswana
The actual and perceived conflicts between customary law and human rights law, especially in issues dealing with gender equality, have remained a major challenge in Africa. Some of these conflicts are further complicated by the varying and contradictory interpretation of some customary laws by the courts. Different approaches have been adopted at different times and in different places to deal with some of these conflicts. One of the most controv…
Africanisation of Legal Education Programmes: The need for Comparative African Legal Studies
Debates and discussions about the African renaissance and the Africanisation of universities have raged for decades. The goal of developing an emancipatory Afrocentric system that frees African education from the continuous and dominant influence of Euro- and American-centric cultural values remains a challenge. This is particularly so with respect to conventional African legal training and research programmes. Some African legal scholars, someti…
State, Religion, and Law in Cameroon: Regulatory Control, Tension, and Accommodation
This paper examines the complex relations that have existed over the years between religious \norganisations and the state in Cameroon. It focuses on the tensions that have arisen as the \nstate tried, especially after 1990 to recognise and protect freedom of religion and religious \ndiversity whilst working closely with the diverse religious organisations in the country to \nfurther the political, economic and social development of the country. …
Conceptualising a Framework for Inclusive, Fair and Robust Multiparty Democracy in Africa: The Constitutionalisation of the Rights of Political Parties
VRÜ Verfassung und Recht in Übersee , Seite 3 - 27
Election Management Bodies (embs) in Eastern and Southern Africa: Some Reflections on their Legal Framework
It is generally recognised that election management bodies ( emb s) constitute one of the most important institutions needed to sustain Africa’s fledgling transition to democratic and constitutional governance. They are needed to ensure that all political actors adhere to the rules of the electoral contest and that the outcome of elections are not predetermined and are based on free and fair processes that reflect the genuine will of the people. …
Political science (31 works) · Law (29 works) · Sociology (22 works) · Politics (20 works) · Democracy (15 works) · Human Rights and Development (13 works) · Legal Issues in South Africa (12 works) · Law and economics (11 works) · Economics (10 works) · Political economy (9 works)