UWCScholar :: Browsing by Author "Fessha, Yonatan"

Browsing by Author "Fessha, Yonatan"

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Addressing the limits of autonomy: Origin, organization and purpose of horizontal intergovernmental forums in three federations
(Centro Studi sul Federalismo, 2020) Fessha, Yonatan
Horizontal intergovernmental forums that bring together the constituent units of a federation are increasingly common. This article examines the origin, organization and purpose of the premium horizontal intergovernmental forums in Kenya, Spain and Canada. The constitutional origin of institutions of horizontal intergovernmental relations is uncommon. The experience of the three political forums confirm the view that institutionalization of intergovernmental relations may not be a necessary condition for effective intergovernmental relations. Yet, in countries with no history of multilevel governance or a culture of cross-boundary interaction, institutionalization might give horizontal intergovernmental relation the prompt it needs.
A critical analysis of individual liability of councillors in South Africa
(University of the Western Cape, 2012) Tom, Sandile Alfred; Fessha, Yonatan
This study is about the individual liability of councillors in South Africa. It examines and analyses whether individual liability of councillors can serve as a bulwark against the abuse of decision-making power that is vested in the municipal council.
A critical analysis of individual liability of councillors in South Africa
(University of the Western Cape, 2012) Tom, Sandile Alfred; Fessha, Yonatan
This study is about the individual liability of councillors in South Africa. It examines and analyses whether individual liability of councillors can serve as a bulwark against the abuse of decision-making power that is vested in the municipal council.
The death penalty in Zimbabwe: a human rights perspective
(University of the Western Cape, 2014) Machaya, Musavengana; Fessha, Yonatan
There has been an ongoing debate on the abolishment of the death penalty in Zimbabwe. The public, non-governmental organisations and human rights activists need clarity as to the effectiveness, justification and purpose, if any, of the retention of the death sentence in Zimbabwe. Therefore, this paper shall give an insight on whether or not the decision to retain the death penalty in Zimbabwe is line with the country’s international and regional mandate of protecting and promoting human rights.
The death penalty in Zimbabwe: a human rights perspective
(University of the Western Cape, 2014) Machaya, Musavengana; Fessha, Yonatan
There has been an ongoing debate on the abolishment of the death penalty in Zimbabwe. The public, non-governmental organisations and human rights activists need clarity as to the effectiveness, justification and purpose, if any, of the retention of the death sentence in Zimbabwe. Therefore, this paper shall give an insight on whether or not the decision to retain the death penalty in Zimbabwe is line with the country’s international and regional mandate of protecting and promoting human rights.
Erosion of presidential term limits in practice: a comparative study of unconstitutional constitutional amendments in African states
(University of the Western Cape, 2023) Juta, Sinozuko; Fessha, Yonatan
Tracing the constitutional strategies of incumbents in African countries, the study documents the range of constitutional strategies these incumbents have pursued when they reached the end of their prescribed term to remain in office. The study shows that in many African countries amendments are frequently passed by following formal democratic procedures but result in anti-democratic constitutional outcomes, helping powerful presidents extend their term in office. The incumbents universally display nominal respect for the constitution by using constitutional rules and procedures to circumvent term limits, abusing the numerical advantages of two-thirds attempting to amend the constitution. The study presents the unconstitutional constitutional amendments doctrine as an institutional device for preventing a coup by constitutional means to erode term limits. Limiting the power of constitutional amendment can have clear democratic benefits. One way to do this is via a judicially enforceable unconstitutional constitutional amendments doctrine. The study establishes how judiciaries across jurisdictions have successfully deployed the unconstitutional constitutional amendments doctrine to prevent attempts of term limit evasion.
Ethnicity and the making of local boundaries in South Africa: perspectives from Vuwani and Malamulele
(University of the Western Cape, 2024) Kamushinda, Tafadzwa; Fessha, Yonatan
The study examines local boundary demarcations in the South African context, specifically exploring the relevance of ethnicity as a determining factor in Vuwani and Malamulele. The study explores the nature and significance of boundaries and, drawing upon a comparative perspective from various jurisdictions, it compares demarcation criteria, with a primary focus on functionality and ethnicity. The study concludes that the disputes in Vuwani and Malamulele stem from local government inefficiencies, such as inadequate service delivery and a lack of consultation by the Municipal Demarcation Board. Ethnicity is found not to be a core issue. Based on that, the study advocates for a continued emphasis on functionality in the demarcation criteria in South Africa. The recommendation is grounded in the understanding that functionality acts as an equalizer, that limits conflicts and facilitates more effective and equitable service delivery across boundaries.
Federation among unequals. A country study of constitutional asymmetry in Ethiopia
(Palgrave MacMillan, 2019) Fessha, Yonatan; Bezabih, Biniyam
Although some level of political asymmetry is unavoidable in any federal arrangement, the problem of an Ethiopian federation affected by glaring political asymmetry remains unexplored. The aim of this chapter is to examine whether the political asymmetry that characterizes the federation is translated into constitutional asymmetry and affects the working of the federation. It seeks to unravel the repercussion of the unbalanced nature of the existing ethnically defined states on the federation as a whole, ramifications that, this chapter argues, have not fully come into effect because of a ruling party that has effectively equalized the unequal subnational entities. This, the paper concludes, is set to change as competitive politics replaces the political space that is currently characterized by ‘one-party dominance’, or even when the balance of power within the ruling party goes under major reconfiguration, as seems to be happening these days. The chapter commences the discussion by providing a historical background of the federal system. It then moves to identify the political asymmetrical features of the Ethiopian federal system. The chapter further detects constitutional asymmetry and investigates the potential and actual implications of the asymmetry for the functioning of the federation. This is followed by a discussion that explores the link between multinationalism and the asymmetry that characterizes the Ethiopian federation. The chapter then explores whether the federal system has put in place mechanisms that can help to moderate the effects of the asymmetry before it concludes the discussion.
Female genital mutilation as a human rights issue : examining the law against female genital mutilation in Tanzania
(University of the Western Cape, 2012) Yusuf, Camilla; Fessha, Yonatan
Intergovernmental cooperation, divided societies and capital cities: The case of the Ethiopian capital
(Nomos Verlagsgesellschaft, 2020) Fessha, Yonatan
Some call it Addis Ababa. Others call it Finfinnee. That is the capital city of the Federal Democratic Republic of Ethiopia. "What's in a name?" In fact, the name is at the centre of the row over the federal capital. Those who opt to refer the capital as Finfinnee claim that the capital belongs to the Oromo. Those that stick to the official name, Addis Ababa, reject the language of ownership. But this is not merely a fight over history. It is a constitutional politics that has gripped the federation. The debate over the Ethiopian capital brings to fore the question about the place of capital cities in multi-ethnic federations. Using the Ethiopian capital as a case study, this article investigates how capital cities can manage the tension between the accommodation of diverse communities and the indigeneity argument that is often used as a basis to claim ownership. The article argues that the mediation of tensions can be best addressed through the framework of intergovernmental cooperation.
The law and politics of internal secession: The Ethiopian experience in comparative perspective
(Palgrave Macmillan, Cham, 2021) Fessha, Yonatan; Ayele, Zemelak
Although secession has been the subject of much scholarly work, the focus has largely been on the external dimension of secession, the decision of a territory to leave an existing state and establish itself as independent state. Little attention has been provided to the less radical solution of internal secession, the right of a community or territory to secede from a subnational unit and establish its own unit. The Ethiopian constitution is probably the only constitution that provides for internal secession as a constitutional right. It also provides for a procedure according to which the right to internal secession can be exercised. Focusing on the Ethiopian experience, this chapter discusses the law and politics of internal secession in a comparative perspective. It examines the grounds that may justify internal secession and the procedure that must govern a request for internal secession.
Meeting the minimum standards of the Palermo Protocol: The case of South Africa
(University of the Western Cape, 2019) Shepherd, Robyn; Fessha, Yonatan
This research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive overview of the punishment, prevention of human trafficking in South Africa was looked into as well as victim protection. An overview of the history of slavery and an analysis of the modern conceptualisation of human trafficking indicate that human trafficking is a highly complex concept, and that there are various approaches to the understanding of the concept of human trafficking. There are various definitions of trafficking found in international instruments of which the most important has been identified as that contained in the Palermo Protocol. The definitions vary also because trafficking is closely related to the phenomena of migration, slavery and smuggling of humans. The study further identifies some significant root causes of trafficking The research concedes that although common-law crimes, statutes and transitional legislation can be utilized to challenge some trafficking elements, these offences are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study shows that South Africa has adopted specific legislation, namely the Trafficking Act. The research further establishes also that international, regional and sub-regional instruments on trafficking and related aspects of trafficking provide guidelines for developing effective strategies to deal with trafficking within the region. The counter-trafficking strategies as found in treaties, protocols, declarations and resolutions, which focus specifically on combating trafficking and those with a human-rights focus, obliges States to prosecute traffickers, protect those who are vulnerable to trafficking as well as those already trafficked and establish measures for prevention. This research further highlighted the importance of preventing human trafficking which starts with government but non- governmental organisations play a vital role in this element as well.
Mobility and ethnic federalism in Ethiopia
(Addis Ababa University, 2019) Dessalegn, Beza; Fessha, Yonatan
Ethiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – constitutionally termed as “nations, nationalities and peoples” – a wide array of self-rule rights. The Constitution also provides for a number of individual rights, including the free movement of citizens within the country. In a federal setup where subnational and local boundaries are constructed along ethno-linguistic lines, the mobility of individuals presents both opportunities and challenges. While the free movement of citizens provides unique opportunities including fighting stereotypes, facilitating inter-cultural exchange, and reinforcing cultural bonds, it has also the potential to create tension with members of the host community that perceive mobility of individuals as a threat against their constitutionally recognized self-rule rights. This paper examines how the Ethiopian federal setup, without adequate legal framework, is struggling to address these competing demands and, as a result, has probably undermined both citizenship and ethnic rights.
Professionalisation of local government: legal avenues for enforcing compliance with competency requirements
(University of the Western Cape, 2009) Ntliziywana, Phindile; Fessha, Yonatan; NULL; Faculty of Law
This study is a response to the dilemma of poor service delivery or the lack thereof. In this regard, this study posits the professionalisation of local government as part of the solution. The focus is on the administrative arm of local government, which is the major conduit for service delivery. Professionalisation of local government is a broader theme. For the present purposes, focus will be devoted to the competency component which entails attracting qualified personnel competent to discharge local government responsibilities. However, it is not limited to attracting already competent and professional staff. It also entails developing the skills of existing staff. This definition, in essence, relates to qualification through training, learning and specialisation.11 In essence, professionalisation of local government ensures that all employees act and behave in a professional way. In this regard, this study seeks to identify the competency standards set by the legislative framework and then explore the legal avenues for enforcing compliance, by the municipal administration, with such standards. This requires one to look at and answer the following questions: What constitutes municipal staff? ; What is the content of the competency framework in question? ; What are the enforcement mechanisms currently in place? ; Whose role is it to enforce compliance with the competency framework?; Broadly speaking, enforcement can take two forms: hard enforcement and soft enforcement. The hard form of enforcement relates to giving incentives for compliance with the competency framework and dismissal for non-compliance. Softer enforcement, in turn, relates to correction and monitoring.
Protection of indigenous peoples in Africa: the case of the batwa in Rwanda
(University of Western Cape, 2013) Nkurunziza, Venant; Fessha, Yonatan
Protection of indigenous peoples in Africa: the case of the batwa in Rwanda
(University of Western Cape, 2013) Nkurunziza, Venant; Fessha, Yonatan
The role of second chamber in representing subnational units: A comparative study of Nigeria and South Africa
(University of the Western Cape, 2023) Shabangu, Siboniso Andrew; Fessha, Yonatan
The purpose of the research is to investigate the effectiveness of representation of subnational units in Nigeria and South Africa in the second chamber. In both countries, the subnational unit is represented equally in the second chamber. In Nigeria, the second chamber guarantees equal representation with three senators to each of the thirty-six states, regardless of size in the senate, plus one senator representing the federal capital territory Abuja. Similarly, in South Africa, each province is equally represented in the second chamber by ten delegates from each of the nine provinces, regardless of population. The distinction between the two countries is that members of the second chamber in Nigeria are elected directly, whereas members of the second chamber in South Africa are appointed by the provincial legislature. Both second chambers enjoy considerable power over bills that affect subnational units. The study found that the second chambers in South Africa and Nigeria are not actually representing the subnational unit in the national decision-making process. Members of the two second chambers are frequently using their substantial powers to pursue their political parties’ agendas and choices, that conflict with the goals of their subnational entity. Also, institutional operating procedures prevent subnational unit legislatures from adequately assessing a bill, drafting a mandate that takes these issues into account, and directing their delegates to vote effectively. Therefore, the second chamber remains ineffective representatives of subnational interests, depriving the federation of the benefit of an organization that properly represents the subnational unit.
Safeguarding the right to freedom from torture in Cameroon
(University of the Western Cape, 2012) Weregwe, Christopher Mba; Fessha, Yonatan
The international community saw the need to completely eradicate the use of torture and, as a result, adopted the 1984 Convention against Torture. The Convention obliges states to take effective legislative, judicial, and administrative and any other measures necessary to prevent acts of torture and other forms of ill-treatment within their jurisdictions. Cameroon, following the preamble of its Constitution, which prohibits torture in all its form, ratified the Convention in 1986 and other international treaties that deal with the prohibition of the use of torture. According to article 45 of the Constitution, duly ratified international treaties and conventions enter into force following their publication into the national territory. Cameroon has amended its Constitution and incorporated intoits domestic laws, provisions which prohibit the use of torture and other forms of ill-treatment. It goes further to prescribe appropriate penalties for public officials and other persons working in official capacity, who subject detainees and prison inmates to torture and other forms of ill-treatment.Despite all these instruments and mechanisms put in place to prevent and eradicate the use of torture and other forms of ill-treatment, this heinous crime continues to be widespread and is practiced systematically in almost all regions in the country and with impunity. This study will analyse whether Cameroon has put in place adequate constitutional and legal framework and mechanisms to guarantee the right to freedom from torture and other forms of ill-treatment for persons deprived of their liberty.
Safeguarding the right to freedom from torture in Cameroon
(University of the Western Cape, 2012) Weregwe, Christopher Mba; Fessha, Yonatan
The international community saw the need to completely eradicate the use of torture and, as a result, adopted the 1984 Convention against Torture. The Convention obliges states to take effective legislative, judicial, and administrative and any other measures necessary to prevent acts of torture and other forms of ill-treatment within their jurisdictions. Cameroon, following the preamble of its Constitution, which prohibits torture in all its form, ratified the Convention in 1986 and other international treaties that deal with the prohibition of the use of torture. According to article 45 of the Constitution, duly ratified international treaties and conventions enter into force following their publication into the national territory. Cameroon has amended its Constitution and incorporated intoits domestic laws, provisions which prohibit the use of torture and other forms of ill-treatment. It goes further to prescribe appropriate penalties for public officials and other persons working in official capacity, who subject detainees and prison inmates to torture and other forms of ill-treatment.Despite all these instruments and mechanisms put in place to prevent and eradicate the use of torture and other forms of ill-treatment, this heinous crime continues to be widespread and is practiced systematically in almost all regions in the country and with impunity. This study will analyse whether Cameroon has put in place adequate constitutional and legal framework and mechanisms to guarantee the right to freedom from torture and other forms of ill-treatment for persons deprived of their liberty.
Sexual minority rights in Cameroon
(University of Western Cape, 2012) Ebot, Ayuk Samuel; Fessha, Yonatan
The objective of this study is to explore the criminalisation of persons based on sexual orientation in Cameroon in light of that country’s international human rights obligation. The study examines the constitution and laws of Cameroon as applicable to sexual minorities. It aims to discuss recent developments in international human rights law with regard to the human rights basis for decriminalising homosexuality.

Browsing by Author "Fessha, Yonatan"

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