OpenUCT :: Browsing by Author "Ordor, Ada"

Browsing by Author "Ordor, Ada"

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Open Access
A Comparative Analysis of Legal Frameworks for Investments in Africa by China and the European Union
(2020) Hügens, Jonathan; Ordor, Ada; Lefifi,Tebogo
This thesis presents a comparative analysis of the legal investment frameworks of the European Union and China in African countries. The thesis reviewed financial instruments of foreign direct investments, official development assistance and other official flows. The legal analysis focus on the demand on political conditions to access the financial assistance; under which conditions are the projects tendered; and which labor standards set the parties while the project is implemented. All reflected under the aspect of the fairest condition for African countries. The comparison figured out that the European Union with its demands for the implementation of human rights, democracy and the rule of law facing certain reluctance of most African governments for a full implementation while contrary to that the OneChina principle is broadly acknowledge by African governments to gain investments. When projects are tendered the research presents that the European Union searches for local and regional providers to strengthen African businesses. This with guidelines for core labor laws based on human rights when it comes to the implementation. While China tenders with a strong commercial self-interest and does not set any labor standards relaying on local laws and showing limited interest and understanding when it comes to implementation.
Open Access
A comparative study of China's foreign direct investment in Africa: regulation, policy, and legal cooperation
(2023) Lefifi, Tebogo; Ordor, Ada; Kalula Evance
A new era of Africa-China legal cooperation in Foreign Direct Investments (FDI) was inaugurated following the successful founding of The Forum on China Africa Cooperation (FOCAC) in 2000. In 2015, China became a capital exporter and adopted a new global strategy to reverse the hegemony comprising norm-making and advising law reforms in developing countries. However, a comprehensive approach is still lacking to determining and understanding the potential impact and influence of China's outbound FDI (OFDI) policy, laws and regulations on Africa's economic development agenda and legal environment. Previous research has interpreted China's increasing outward foreign direct investment OFDI as a byproduct of China's market- or resource-seeking agenda and failed to consider the legal aspects of the relationship. Contrarily, this study argues that China's OFDI influence introduces a novel type of south-south legal transplant that will shape prospective African legislative initiatives, ideologies, and norms. By examining China' legal transplant experience and FDI governance model ideology, this research aims to provide a comprehensive understanding of China's influence on Africa's future legal reforms. The analysis explicitly explores Africa's transplant of China's cyber sovereignty governance model. The study utilises a desktop research study methods using a combination of primary and secondary sources. The data is gathered from research from various sources in official government websites, action plans documents, academic literature, and case studies. A comparative analysis of the benefits and drawbacks of China's and Africa's experiences with FDI regulation and legal transplant are key considerations to the study. The findings of the study reveal and highlight the benefits and challenges of legal cooperation through OFDI and present recommendations for the development of laws with Africa-China characteristics. The research will guide Africa's policy response to regulating Chinese investments in the Continent and guide lawmakers in transplanting laws from China.
Open Access
AfCFTA and Digitalisation: The Role of Trade Facilitation Measures through the Electronic Single Window (ESW) in improving Intra-Africa Trade
(2022) Omari, Marilyn Yoha; Ordor, Ada; Amadi, Victor
International trade has increased significantly over the years and to enable this trend of increased volume of trade, there is a core focus on trade facilitation. Furthermore, customs play a key role in the movement of goods and have come to the spotlight as key role players in trade facilitation efforts. However, the problem that exists in modern international trends, specifically in Africa, is that the present customs administrations are inefficient to combat the increase in trade volumes and ensuring trade facilitation efforts are sufficiently implemented. With the current development of the African Continental Free Trade Area (AfCFTA) there is a potential for increased inter and intra-Africa trade and to strengthen regional integration. With such developments, African states must create an appropriate environment to advance and realise the trade objectives of AfCFTA. This thesis therefore aims to argue for an improved trading environment in Africa through a digitalised customs reformative tool, such as the Electronic Single Window (ESW), to ensure some beneficiation under the AfCFTA. The ESW is a trade facilitation tool aimed at easing and improving trade, and as this thesis argues, it can be a significant tool to realise the objectives of the AfCFTA. This thesis carried out desktop research based on literature to assess and provide the usefulness of the ESW in improving inter and intra-Africa trade. This was done by providing for key regional theories and approaches to integration efforts, assessing international trade facilitation regulatory frameworks, providing for the conditions of customs in Africa, the analysis of the ESW, and the implementation of the ESW in two African countries. Conclusively, this paper found that African states have several international and regional commitments to reform their customs and facilitate trade, and importantly, with the current era of digitalisation and a sound trade regulatory environment, the implementation of the ESW is achievable. Highlighting that digitalisation and a sound legal environment maximise the benefits of the ESW, which help improve inter and intra-Africa trade.
Open Access
AfCFTA: the remedy to an enduring mischief?
(2022) Murphy, Liam Cailean; Ordor, Ada
The pervasive legacy of colonialism and neo-colonialism is steadfast. This mischief has been and is afflicting African trade and development. Its influence has permeated the ideological foundation of African integration and has been inimical to growth on the continent. The African Continental Free Trade Area agreement is the African Union's hopeful attempt to remedy this enduring mischief. The scope of AfCFTA indicates that State Parties have adopted the multidimensional approach of developmental regionalism to remedy Africa's developmental challenges. However, to fulfil the precepts of this model, State Parties will have to engage in further deliberations to expand AfCFTA's scope and tune it to the nuances of African developmental ills. Furthermore, in its current form, AfCFTA fails to resolve historical implementation hurdles and overlooks foreboding supranational crises. AfCFTA rests on Pan-African idealism and not pragmatism. Thus, if the implementation challenges and supranational crises are left unaddressed, Pan-African solidarity will fracture and State Parties will retreat into their sovereignty. Therefore, idealism must be balanced with pragmatism to forge robust collectivism to drive the remedy of Africa's enduring mischief. Only time will tell whether AfCFTA is a meretricious symbol of integration or a concerted and substantive effort to develop and unite Africa.
Open Access
African regional integration track: challenges and prospects
(2018) Madala, Sithembele; Ordor, Ada
Africa has been very slow in effectively implementing regional integration and trade agreements and has made little progress to achieve its stated objectives, especially the goal of eradicating poverty and promoting development. In addition, the economic integration model currently being pursued in Africa suffers from several challenges and has not achieved its goals, because of among other things, weak legal and institutional frameworks, and lack of support from ordinary African citizens and the private sector. In light of the above, this research investigate the appropriateness of this model. This research begins with the theoretical discussions of integration and identifies the existing gaps within the African regional integration process. This reveals that there are not only foundational and definitional disparities within the African regional integration process but also that Africa lacks the necessary prerequisite for any successful regional integration. In particular, this research reveals that the institutions that are mandated to accelerate regional integration process lack the necessary capacity to achieve regional integration process. The discussions of theories behind regional economic integration reveals that the understanding of regional integration in Africa are rooted in the economic understanding of regionalism with insufficient attention given to the importance of strong institutional and legal frameworks and a human centred development. Importantly, these discussions reveal that the European integration economic model that was a success in European Community has been adopted in Africa without reviewing its appropriateness for the continent. The debates of the history of African regional integration in Africa demonstrate that regional integration process is not a new phenomenon in Africa and that African leaders have always embraced integration and have perceived it as a way of addressing Africa’s social and economic challenges. Importantly, the discussions of the history demonstrate the role African leaders played in fighting colonialism and dismantling the apartheid system in South Africa. Unfortunately, these discussions also show that after independence Africa was a continent faced with many challenges. In particular, history shows that after independence African leaders gave little support to Pan Africanism which had been driving force behind decolonisation and became oppressive and in many instances, committed human rights violations against their own people. This state of affairs has led to economic development being sacrificed. The discussions of the benefits of economic integration shows that while there are benefits linked to economic integration such as the reduction of poverty and development in countries such as China, India and Thailand, for Africa is unable to deal with the challenge of poverty and underdevelopment . African countries continue to witness increasing levels of poverty and poor development while few businesses and political elites remain the main beneficiaries of the economic integration model. The analyses of the institutional and legal structures reveal that the institutions mandated with regional integration and the laws governing regional integration process are either weak or nonexistence. This is demonstrated by the slow implementation of regional projects. Even though Africa has made significant steps to facilitate its regional integration, it has been unable to deal with the challenges confronting the continent, especially the rising levels of poverty and underdevelopment. While this this research supports and approves the steps that have been adopted to facilitate regional integration and trade, nevertheless this research observes that institutions that are mandated to drive regional integration have been unable to promote African regional integration. Africa lacks the necessary infrastructure and human capacity to achieve regional integration. The research question therefore is whether the economic integration model currently being pursued in Africa under its existing framework is the appropriate model for African regional integration since it is not supported by a proper legal system and the African people and does not directly address the issues that confront ordinary African citizens? While the author observes that Africa has considerably improved its trade and strengthened its integration process, the author nevertheless concludes that the economic integration model currently being pursued in Africa is unlikely to succeed, because it does not take into account African realities and lacks the necessary prerequisites for successful economic integration.
Open Access
Asymmetrical power relations: a legal analysis of the European Union and Economic Community of West African States Economic Partnership Agreement
(2022) Agbo-Ejeh, Christiana I; Ismail, Faizel; Ordor, Ada
Preparatory to the Economic Partnership Agreements (EPAs) negotiation, the former European Union Trade Commissioner, Peter Mandelson, declares that African countries have the right to benefit from their own comparative advantage. He further stated that the EPAs would, inevitably, herald the end of the colonial ideological construct of the previous trading system and usher in mutually beneficial economic development. However, as negotiated between the EU and ECOWAS, the EPA reflects a ‘systemic' asymmetry originating in colonialism to a certain extent. This thesis argued that just as the GATT advanced a structure of trade liberalisation and trade laws that perpetuate asymmetry in favour of the developed countries, the EU-African Caribbean and Pacific (ACP) countries EPAs, which promote free trade, are likely to continue the asymmetry between the EU-ACP countries and the EU-ECOWAS in particular. In order to gather in-depth insights into the EU-ECOWAS Economic Partnership Agreement, empirical evidence was used to triangulate between primary and secondary sources, mainly in chapters five to seven of this thesis for analysis. This method involved interviews in ECOWA with Commission, Ministries in Ghana, Nigeria and archival documents obtained from organisations. The approach offers an effective means to gain insights into the real issues canvassed by the opponents of the EPA and the current impasse in the trade relationship between the two regions. Ghana and Nigeria are employed as case studies for the EU's trade relations with West Africa. The study finds that the special and differential treatment provisions in the EU-Ghana EPA text are insufficient to support the economic development of Ghana. Although power asymmetry permeates relations between Nigeria and the EU, it does not necessarily determine that the outcome of these interactions will always favour the EU. It also finds that Nigeria is not as dependent as Ghana on the EU for its trade and investment relations because the former exports oil to the EU tax free. Moreover, Nigeria's trade and economic strategies are to strengthen its bilateral trade and investment relationship with the United Kingdom post-Brexit. The thesis concludes that notwithstanding that the proponents of the EPAs stated that the objective of the EPAs would be to promote free trade and economic development of the ACP countries; the conduct of the EU in the negotiations, the textual interpretation of GATT Article XXIV and the text of the agreements indicate that the EU-ECOWAS EPA is likely to reinforce asymmetry in the trade relationship between it and countries that signed the agreements.
Open Access
Chinese investments in Africa: addressing and analysing labour, skills and technology transfer challenges
(2020) Mazire, Takudzwa; Ordor, Ada; Lefifi, Tebogo
This research paper provides an address and analysis of the challenges commonly faced under Chinese investments in Africa and seeks to address the question on what regulatory mechanism can be used to maximise the benefits of Chinese Investments in Africa. In doing so, this study seeks to clarify the nature activities that transpire under Chinese investment, this is because over the past decades there have been serious accusations of human rights violations, illegal practices and lack of technology and skills transfers amongst many other problems. In conducting this examination, this study, I consider the dynamic legal and policy framework that regulates the Chinese investments. This provides a vehicle through which the legality of Chinese investments actors can be tested. Secondly, an outline and discussion of two selected challenges namely, Labour relations and employment practices; lack of skill and technology transfers. These issues are analysed in depth from different perspectives and potential solutions will be provided. In addressing the challenges, I draw from the experience of South Africa in terms of employment practices and Huawei in Zimbabwe and South Africa case studies. The research ultimately concludes that the challenges faced under Chinese investments are not as described by critics but rather they are complex and differ from business to business. Therefore, the best solution may be to ensure effective enforcement and implementation of local laws to ensure compliance with the law. The study recommends that there is a need for Africa to have a uniform China policy and to take advantage of the FOCAC process to prioritise the areas critical to their national and continental development goals.
Open Access
Chinese investments in Africa: Evaluating, how the FOCAC Multilateral Framework contributes to legal cooperation
(2021) Fraschia, Lee-Anne Paula; Ordor, Ada; Lefifi,Tebogo
Chinese investments in Africa, are visible in almost all African Countries. In many ways, one could claim, China's commercial activities in Africa has rebranded its image from a dark and desolate continent to an upcoming economic hub. To compliment these commercial activities, the Forum on China-Africa Cooperation (FOCAC) was established in 2000 and played an instrumental role in enhancing the investment relationship between the two sides. However, this increase of investments, inevitably led to the surge of Africa-China investment disputes. The settlement of these disputes, faces many challenges in domestic and international legal frameworks. Therefore, this paper aims to analyse the FOCAC platform's contributions in settling Africa-China investment disputes. The requirement for an effective dispute settlement mechanism, is also imperative for Africa China economic relations. This could, ensure that the commercial relationship between the two sides, endures continuously and yields ample mutual benefits. According to the African Development Bank Group, Africa has an infrastructure gap of approximately U$D93 billion. Thus, African Countries are reliant on Chinese investments because most of these investments focus on developing roads, railways, bridges, airports amongst others. Infrastructure remains a quintessential component regarding economic stimulation and growth. However, many of these infrastructural investments experiences complexities such as quality control checks, environmental damages, unfair labour practices to name a few. Therefore, it is important to establish a dispute settlement forum, which is affordable, easily accessible, non-bias, fast and reliable inter alia. Moreover, many benefits are attributable to Africa-China investments such as the creation of employment, building of key infrastructures and transfers of skills to name a few.6 Considering that, the FOCAC forum significantly boosted economic developments between the two parties, it is worthwhile to investigate its responses to the overwhelming rates of investment disputes.
Open Access
Effects of the Economic Partnership Agreements on Regional Integration in Africa
(2017) Awinador-Kanyirige, Darkowa; Ordor, Ada
After gaining independence, African states embraced the idea of regional integration as an approach to boost economic development on the continent. This was evident in the new regional organizations that were predominantly generated among developing states in the southern hemisphere. Majority of these organizations, e.g. Economic Community of West African States (ECOWAS) and Southern African Development Community (SADC), have continuously been striving to deepen social, political and most importantly economic integration and cooperation in Africa. In an attempt to further the regional integration agenda, there have been quite a number of colonial cross-border arrangements with EU. Assessed based on conventional integration theories by scholars like Ernst B. Haas, the prerequisites for effective regional economic integration in Africa, appear to be less successful, juxtaposed with the more developed and economically independent European Union. Although regional organizations like ECOWAS and SADC have managed to establish free trade areas (FTAs), they have failed to attain their agenda of establishing customs unions. Agendas of this kind among other things, are pertinent to consolidating the regional integration process. Even though several issues may be identified as causes of the inefficiency of the integration scheme on the continent, this paper explores the effect of north south trade agreements, in this case the economic partnership agreements (EPAs), on regional integration processes in Africa.
Open Access
Federalism as an institutional device for peace in Somalia: prospects and challenges
(2021) Harun, Ibrahim; Mancuso, Salvatore; Ordor, Ada; Kunuji, Oluwole
Since the turn of the 20th century, there has been intensified use of federalism as a tool for conflict resolution. Scholars are divided, however, about the potential of federalism to manage conflict. Some argue that it can accommodate the aspirations of both national and regional actors. Others see it as a road to conflict or state disintegration. The debate over the pros and cons of federalism is undecidable as both sides make reasonable theoretical claims and can point to some evidence in support of their propositions. Hence, the lesson drawn from divergent views on federalism is that there is no single federal formula for peace in divided societies. Instead, the degree to which federal institutions can contribute to preserving peace depends on how these institutions respond to the characteristics of the societies they govern. The findings of this study are that Somalia's Provisional Constitution makes provision for a number of significant institutional features of federalism that, if correctly embraced, could enhance peace in Somalia. However, most of these provisions are defective. Some need follow up legislation, while others need to be agreed upon by both the federal government and the federal member states. This thesis further reveals that Somali societies are inherently federal. For instance, practices such as negotiation and reconciliation, decentralised decision-making, and transparent dispute resolution form part of the governance system in the traditional Somali society. If properly adapted and utilised, these features of the Somali traditional governance system can help to strengthen the federal political system in Somalia. The major argument of this dissertation is hence that in view of the peculiarities of the Somalia state, the federal values inherent in the Somali traditional governance system should be included in a new federal constitution. Only a federal system built on such traditional values will be conducive to peace and stability in Somalia and help stem the tide of secession currently threatening to tear the federation apart.
Open Access
From OAU To AFCTA - Analysing The Prospects For Economic Development In Africa
(2019) Nagu, Yakubu Idisire; Ordor, Ada
On the 21st March 2018, leaders from across the African continent met at an extraordinary summit of the African Union (AU) in Kigali, Rwanda to sign a deal for the formation of an African continental free trade area (AfCFTA). This step is perhaps the biggest leap towards the age-long dream of cross-border economic integration on the African continent since the formation of the Organisation of African Unity (OAU) in 1963. With the continent’s population expected to hit the two billion mark in 2050, it seems the pact could not have come at a better time. Africa, the subject of the agreement, consists of fifty- five States which collectively, is a 1.2 billion people large market however possessing a joint GDP of only $2.5 trillion dollars. If negotiations are concluded, the African continent would have succeeded in the creation of the largest free trade area since the Marrakesh agreement which led to the WTO governed multilateral trading system. Today the top trading partners of African Union member States are non-African countries. Only twenty per cent of Africa’s total trade is with its continental neighbours, whereas an estimated eighty per cent of its trade is with other trading partners across the world. The African continental free trade initiative aims to shift the trade paradigm in this regard, in a way that will increase the region’s share of its internal trade and consequently lead to growth and development. It is against this background that this work assesses the prospects of the new African Continental Free Trade Area (AfCFTA) towards meeting the goal of continental development. This research argues that the development integration approach is the most suitable option for the attainment of the ambitious goals of the initiative. In particular, the work explores the ways in which the new AfCFTA can manage the asymmetrical developmental needs of various African States. The research also assesses the dispute settlement mechanisms which are necessary to resolve friction which may arise as deeper levels of integration are attained.
Open Access
Implementing the African Continental Free Trade Agreement (AfCFTA): policies, regulations, laws and institutions required for development
(2023) Nagu, Yakubu; Ordor, Ada
On 26 May 2013 at the 21st Ordinary Assembly of the African Union's Assembly, African heads of state and governments adopted a solemn declaration for the continent's development. This prompted, in 2015, the official launch of a 50-year blueprint (i.e. Agenda 2063) for the re-creation of the region through a people-driven process into one that is integrated, prosperous and defined by inclusive growth and sustainable development. This blueprint has 15 flagship projects for effectuating the aim of continental growth, transformation, and development. One of these flagship projects is the African Continental Free Trade Area (AfCFTA), Africa's most ambitious attempt at integration and development since the formation of the African Union, and the subject of this research. The AfCFTA is an African Union member-state driven free trade area, founded on theories of trade, and driven by Pan-African values that promise an endogenous pathway to inclusive and sustainable development. The initiative, once fully operational, will have the effect of integrating the continent for the first time under one regime of liberalisation that covers goods, services, intellectual property, investment, competition, and digital trade, among others. It is submitted, however, that trade integration alone may not provide enough stimulus for the holistic development that the region deeply requires. Development, imposes (in addition to increasing trade by operationalising the AfCFTA) an imperative for building regulatory and institutional capacity and (where necessary) reforming the trade governance processes in the state parties. It is against this background that this study probes into the implementation of the AfCFTA in the context of select case studies; Nigeria, Kenya and Ethiopia. The study combined doctrinal research with empirical methods that utilised semi-structured interviews with public and private sector stakeholders from the three countries. The thesis is structured into two parts. The first one outlines the theoretical and analytical framework as a means of situating the AfCFTA in the broader conversation on development, international trade, and regional integration whilst also reflecting it as a unique and Pan-African expression of same. The second examines the mentioned case studies through the lens of the Analytical Law and Developmental Integration Model (ALDIM) developed by the researcher. The study found that a developmental implementation of the AfCFTA by the three countries that have been selected as case studies would require responses ranging from a shift in development thinking and the creation of value-driven trade policy frameworks to more pragmatic steps such as the creation of institutional mechanisms for cohesive trade policy formulation and governance, the strengthening of existing institutions, and the institutionalisation of collaboration for a more inclusive trade policy governance. Ultimately, the study advances projections on how regional integration initiatives could yield development outcomes in domestic settings in the context of African states, thereby affirming the influence of trade as an agent for modernisation and the positive alteration of governance processes.
Open Access
Implementing the African Continental Free Trade Agreement (AfCFTA): policies, regulations, laws and institutions required for development
(2023) Nagu, Yakubu; Ordor, Ada
On 26 May 2013 at the 21st Ordinary Assembly of the African Union's Assembly, African heads of state and governments adopted a solemn declaration for the continent's development. This prompted, in 2015, the official launch of a 50-year blueprint (i.e. Agenda 2063) for the re-creation of the region through a people-driven process into one that is integrated, prosperous and defined by inclusive growth and sustainable development. This blueprint has 15 flagship projects for effectuating the aim of continental growth, transformation, and development. One of these flagship projects is the African Continental Free Trade Area (AfCFTA), Africa's most ambitious attempt at integration and development since the formation of the African Union, and the subject of this research. The AfCFTA is an African Union member-state driven free trade area, founded on theories of trade, and driven by Pan-African values that promise an endogenous pathway to inclusive and sustainable development. The initiative, once fully operational, will have the effect of integrating the continent for the first time under one regime of liberalisation that covers goods, services, intellectual property, investment, competition, and digital trade, among others. It is submitted, however, that trade integration alone may not provide enough stimulus for the holistic development that the region deeply requires. Development, imposes (in addition to increasing trade by operationalising the AfCFTA) an imperative for building regulatory and institutional capacity and (where necessary) reforming the trade governance processes in the state parties. It is against this background that this study probes into the implementation of the AfCFTA in the context of select case studies; Nigeria, Kenya and Ethiopia. The study combined doctrinal research with empirical methods that utilised semi-structured interviews with public and private sector stakeholders from the three countries. The thesis is structured into two parts. The first one outlines the theoretical and analytical framework as a means of situating the AfCFTA in the broader conversation on development, international trade, and regional integration whilst also reflecting it as a unique and Pan-African expression of same. The second examines the mentioned case studies through the lens of the Analytical Law and Developmental Integration Model (ALDIM) developed by the researcher. The study found that a developmental implementation of the AfCFTA by the three countries that have been selected as case studies would require responses ranging from a shift in development thinking and the creation of value-driven trade policy frameworks to more pragmatic steps such as the creation of institutional mechanisms for cohesive trade policy formulation and governance, the strengthening of existing institutions, and the institutionalisation of collaboration for a more inclusive trade policy governance. Ultimately, the study advances projections on how regional integration initiatives could yield development outcomes in domestic settings in the context of African states, thereby affirming the influence of trade as an agent for modernisation and the positive alteration of governance processes.
Open Access
The legal framework for the protection of employees of labour brokers in South Africa
(2010) Brand, Hendrik Edwin; Kalula, Evance; Ordor, Ada
Current South African legislation allows the use of temporary employment services ("labour brokers" in common parlance). Labour broking involves a triangular employment relationship between client, labour broker and worker. In terms of this arrangement the labour broker would employ a worker and supply him/her to a client, who then supervises and controls the worker. Even though the client supervises and controls the worker, the labour broker would remain the employer and be responsible for paying the worker. In South Africa, the use of labour brokers has increased exponentially, because it provides employers with an opportunity to circumvent the onerous provisions of constitutional, international and statutory law that seek to protect workers. In 2010, the Parliamentary Portfolio Committee on Labour identified a number of bad and abusive practices being perpetrated against labour broker employees and recommended that the Department of Labour review all labour legislation. In July 2009 the Department of Labour had in fact already submitted its recommendations for statutory amendments to the NEDLAC for discussion. Although it can be ascertained with relative certainty that South Africa's labour legislation will be amended, it is still not clear what form the amendments will take on. Whilst the ANC prefers a regulatory solution, COSATU maintains its call for a complete ban of labour broking. The thesis firstly determines why the bad and abusive practices are occurring and identifies a number of areas of insufficient or ineffective regulation (referred to as "loopholes" in common parlance) that allow the abuse of labour broker employees. Secondly, the thesis examines the debate around either prohibition or regulation being the most suitable option for curbing the bad and abusive practices. Thirdly, the thesis explores the DOL's recommendations and foreign examples of regulation. Finally, the thesis critiques the DOL's recommendations and suggests ways in which they could be amended or supplemented to effectively close the loopholes in current regulation and provide practical legal solutions for the protection of labour broker employees in South Africa, whilst maintaining a balance between labour broker employees' need for protection and employers' need for labour market flexibility.
Open Access
Public Private Partnership contracts in Mozambique and South Africa: managing risks and ensuring sustainability
(2023) Pequenino, Benjamim; Ordor, Ada
In the early 2000s, the world witnessed the emergence of a new variant of the juridical entity whose fundamental characteristic is the conjunction between public and private actors with the intention of delivering public infrastructures that otherwise would be impossible to realise. This new variant came to be known as the Public-Private Partnership (PPP). Since then, it has taken centre stage in development discourse assuming academic and practical importance due to the perceived role it plays in global development. Although research interest in PPP contracts has increased globally, only a few studies focus on the Southern Africa Development Community (SADC) region. The present study contributes by filling in this gap and providing a comparative perspective on the regimes of the PPP contract in Mozambique and South Africa. While PPPs may provide much needed infrastructure to meet the needs of end users, this often comes at considerable cost. The fiscal cost and distributional implications of PPPs are accentuated when compared with state borrowing. In addition, when it comes to risk management, all those risks that are supposedly transferred to a private operator are never truly transferred and, in the end, the government is always the residual risk holder should the PPP consortium fail. Far from freeing resources to be invested in other poverty reduction programmes, PPPs can absorb funds that could have been devoted directly to such programmes. In the end, rather than compensating for weak state capacity it places significant extra demands on it. These contradictions call into question the merits of promoting PPPs to overcome developing countries' public service financing gap, as the evidence clearly suggests that PPPs often have tended to be more expensive than their public procurement alternative, and in a number of instances they have failed to deliver the envisaged gains. The research in both jurisdictions has also analysed context-specific factors capable of jeopardising the successful implementation of PPP contracts. These include non-streamlined regulatory frameworks, state capacity constraints, weak integrity systems, and corruption. The key recommendation drawn from the research is that in order for the PPPs to be able to harness their full potential and deliver on expected gains, substantial regulatory and institutional reforms are needed in both jurisdictions studied.
Open Access
The regulatory environment for foreign investments in Nigeria
(2014) Sani, Sani Baba; Ordor, Ada
Foreign investment is one of the key elements of economic development in Nigeria. Yet the process of regulating it is challenging and problematic, particularly in the northern parts of Nigeria where people prefer informal investments and tend to ignore the necessary laws governing investments. Today in Nigeria as in most African countries, there are many investors, most of them from Asia, who are very insensitive to the rule of law. They invest and carry out business in Nigeria and particularly northern Nigeria often in breach of investment laws. Nigerian investment regulatory laws were made to provide security and protection of investors’ interests, but these laws are ignored due to their technicality. There is no doubt that the regulatory environment for investment will work better and more securely when there is a system of compliance. The dissertation will focus on the theoretical and practical analysis of investment security laws in Nigeria, and not the root of investment as a concept itself which is beyond the scope of this work.
Open Access
Rethinking the legal and institutional framework for digital financial inclusion in Nigeria
(2021) Monye, Ogochukwu Fidelia; Ordor, Ada; Buthelezi, Silindile
About 1.7 billion people globally and 36.8 per cent of Nigerians have no access to financial services due to reasons such as distance, financial illiteracy, irregular income, unemployment and account ineligibility. Justifications for the research include the scale of financial exclusion, the proven capacity of financial inclusion to lift people out of poverty, the need for tailored regulatory policies and the opportunity to harness the value and ubiquity of digital financial services (DFS) for the financially excluded. This research examines the broad question: how suitable are the enabling laws and institutions for digital financial services in Nigeria for addressing the needs of the financially excluded? In considering this broad question, the reasons as to why many Nigerians remain financially excluded, in spite of the abundance of regulatory initiatives, are addressed. Using a combination of doctrinal and empirical methods, the burden of accessing financial services is highlighted, strategies for financial inclusion are considered and options for suitable legal and institutional frameworks are explored. In summary, financial inclusion is broadly discussed in chapter one, while a law and development theoretical and analytical framework is constructed in chapter two. Chapter three examines the legal and institutional framework for financial inclusion in Nigeria while the barriers to financial access are discussed in chapter four. The empirical component of the research is analysed in chapter five, and chapter six considers the impact and prospects of eight new and emerging technologies on financial inclusion. The thesis concludes with recommendations and conclusions in chapter seven. Research results indicate that the path to financial inclusion in Nigeria is characterised by a myriad of laws, slow DFS adoption rates, a bank-centred regulatory model and a wide disparity in the pattern of inclusion across gender and geographical locations. Transaction costs remain high and cash is still king. Recommendations such as adopting a more consumer-centred approach to regulation, permitting alternative providers for on-boarding and adapting laws and regulatory policies tailored to the needs of the excluded are made. Additionally, it is recommended that increased financial literacy and transactional capacity are needed to harness digital financial services. It is expected that the findings of this research will inform regulatory changes that will enable a methodical migration of more of the financially excluded class into the formal finance sector.
Open Access
The CFA Franc Zone: a modern reincarnation of a colonial relic
(2021) Mohapi, Mahlohonolo; Ordor, Ada
This study assesses the French Community of Africa, commonly known as the CFA Franc zone. This is a monetary union comprising 14 African countries in West and Central Africa. The purpose of the study is to examine the manner in which this monetary union affects the development of these 14 African member states, with special reference to the membership of France in the union. For various reasons, including language, time and other resource constraints, and the prohibitive geographical distance, this study has had to rely heavily and exclusively on the review of literature on the subject matter, as opposed to other more popular research procedures. The key finding of this research is that the CFA Franc zone, from its inception, was never conceived as a union of equal partners. There are unmistakable features that point to the superiority of France in the union. For example, the union was proposed by France as a condition for the attainment of independence by these former colonies. They had to sign the colonial pact made up of economic, political and military arrangements, all of which give France the upper hand and huge advantages in the union. These include the fact that the African CFA Franc zone countries have to deposit 50 per cent of their foreign reserves into the French treasury; they have to peg their currencies to the Euro on a fixed exchange rate system; and they are not allowed to devalue their currencies as they see fit, because in the union agreement, this is the exclusive prerogative of France, which can itself devalue these currencies unilaterally. This study concludes that the CFA Franc zone is, indeed, a classical form of neo-colonialism. Thus, short of abandoning this union altogether, the study recommends a fundamental and momentous restructuring of the union to make it a win-win arrangement in which the union benefits both parties and facilitates the genuine socio-economic and political development of the CFA Franc zone countries.
Open Access
The challenges of border issues, documentation, and infrastructure in intra-African trade
(2020) Daniels, Aliya Monique; Ordor, Ada
In 21st century post-colonial Africa, African leaders have visualised, mobilised, and worked towards economic advancement nationally, regionally, and continentally. In the past 60 or more years there has been a concentration on regional integration as to achieve economic growth and increase global competitiveness. More recently, intra-African trade has emerged as an essential component of continental economic advancement. However, there have been many obstacles that have hindered intra-African trade from achieving its potential and functioning in a way that truly benefits the continent. This dissertation will examine the effect that some of those challenges and obstacles (including border issues, documentation, and the lack of essential infrastructure), have had on intra-African trade.
Open Access
The Rights-Based Approach to Extractive Resource Governance in Nigeria through the Lens of the UN Guiding Principles on Business and Human Rights: Lessons from South Africa
(2018) Abe, Omogboyega; Ordor, Ada
This thesis examines the prospects and potentials of implementing the United Nations Guiding Principles on Business and Human Rights (GPs), in the extractive industry in Nigeria. It considers the prospects of amending existing laws and strengthening regulatory agencies. At the same time, it explores the option of creating new business and human rights institutional agencies to address corporate and business-related human rights abuse. Using the elements of the rights-based approach, the linkages between human rights and extractive activities are examined. The lack of an effective legal and institutional framework to integrate human rights protections into environmental laws has prevented communities which host extractive projects from realising their human rights. On 16th June 2011, the United Nations Human Rights Council, unanimously endorsed the Guiding Principles on Business and Human Rights which provide guidelines for the state's duty to protect human rights, corporate responsibility to respect human rights and access to remedies for victims of corporate-related human rights violations. The GPs provide a rights based approach to safeguarding extractive resource governance, pertinent to a jurisdiction like Nigeria. Drawing significant lessons from South Africa - due to its proactive legislation imposing human rights compliance on companies - the research examines the potential of implementing the GPs in Nigeria's extractive resource industry. A combination of doctrinal and empirical research is utilised in the examination of the subject matter. A key finding of the research is that a proactive implementation of the GPs will reduce or prevent the harmful exploitation of natural resources, thereby creating a positive extractive resource governance and guaranteeing sustainable development. The critical steps towards implementation would be to integrate the GPs into current laws in a way that does not undermine the social contract, but enhances positive governance within communities. The contribution of the thesis in this respect is the development of a legal and institutional framework through which human rights principles can be integrated into domestic legal regimes in the extractive resource industry in Nigeria so as to guide the implementation of the GPs The rights-based approach adopted in the research provides a pathway for the sustainable development of Nigeria's extractive resources. South Africa is at the forefront of the campaign for a binding business and human rights treaty and its domestic legal regime and judicial activity continue to demonstrate the progressive realisation of human rights. Only credible institutions infused with an in-depth understanding of the socio-economic, cultural and political realities of extractive communities can legislate properly for them and monitor compliance. The GPs present a valuable roadmap for strengthening institutions to ensure that business activities in the extractive industry and beyond are not devoid of pertinent human rights considerations.

Browsing by Author "Ordor, Ada"

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