The influence of South Africa’s model of devolution in Kenya, Zimbabwe and Zambia: why and how did the model, concepts and texts migrate?
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Date
2025
Journal Title
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Volume Title
Publisher
University of the Western Cape
Abstract
The constitutional migration of models, concepts and texts is an old phenomenon. In Africa, developing countries are encouraged to learn from each other, especially since most African countries are in transitional stages of development. That is in line with the project of the African Renaissance, which advocates that Africans themselves seek solutions to African challenges and that any assistance from the outside should be tailored to uphold African ownership. The South African Constitution is revered in Africa and beyond as modern and progressive. It is thus not surprising that a number of its constitutional provisions, for example the Bill of Rights or the devolution model, migrated to other African countries. The South African devolution model conspicuously migrated to Kenya, Zimbabwe and Zambia, as evidenced by the resemblances in devolution concepts and texts. However, there is little understanding of how such migration took place. Furthermore, the phenomenon of exporting and importing similar devolution models, concepts and texts has not been the subject of extensive research. Comparative federalism traditionally focuses on the analysis of written constitutions (mostly Western) and their similarities and differences, yet pays only limited attention to constitutional migration, transformation processes, and the import and export dynamics of constitutional migration in the African context. This is the void that this study seeks to fill. The research question in this study examines the influence of South Africa’s devolution model in Kenya, Zimbabwe and Zambia, considering why and how the model, concepts and texts migrated. The research consists of a desktop study of both primary and secondary sources, including systematic, qualitative and in-depth interviews with key actors who were involved in the constitution-making processes of South Africa, Kenya, Zimbabwe and Zambia.
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Keywords
Constitutions, Constitutional migration or borrowing, Constitutional texts and concepts, Constitution-making or -drafting, Constitutional drafters