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 and an examination of how the public service media was introduced into and has evolved in the region, particularly in Botswana, it concludes that this medium of communication, on account of its reach, remains the most important means of disseminating information, education and entertainment for the foreseeable future. Nevertheless, it is argued that for it to effectively accomplish these objectives certain important reforms must be carried out designed to disentangle it from the state and make it more independent and accountable. It is made clear that the new PSM model neither requires a public monopoly or public sector control nor that the state should be totally cut off, but rather a new redefined role for the state. The new model is built around at least five fundamental principles that should be crafted into any new media legislation dealing with the public media which will ensure public accountability, independence from partisan manipulation and a level playing field for all political actors.
Transformative constitutionalism, popularised in the context of South Africa's transition from apartheid to constitutional democracy, arguably offers an antidote for failed constitutionalism and weak protection of fundamental rights and freedoms in emergent democracies in Africa. This article examines the idea of transformative constitutionalism and its implications for the adjudication of fundamental rights and freedoms. It recognises that past failures of constitutionalism in Africa, to a significant degree entailed state abuses of fundamental rights and the corresponding inability of the courts to uphold these rights. Using examples of adjudication of rights in the post-2010 period in Kenya and postapartheid era in South Africa, the article argues that, taken as a model for constitutionalism in Africa, transformative constitutionalism offers hope for increased protection of fundamental rights and freedoms. The article analyses the demands of transformative constitutionalism on the judicial adjudication of rights, and concludes that the concept demands more from judges than has traditionally been understood in the two legal systems.
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, sometimes imbued with xenophilia, have in many ways participated in the process that has seen the continuous marginalisation of studies on the law in Africa and African law. This paper argues that there is a need to rethink the place devoted to the study of African law and African legal systems. It contends that African law generally and African legal systems specifically will hardly be able to develop when presentday students spend most of their time, especially in a course such as comparative law, studying western legal systems. In order for African legal education to be relevant and meaningful it must prepare and equip today's lawyers to operate in a global world. It is therefore suggested that an Africanised legal programme should include a course on African legal studies and aim to be contextually and globally relevant whilst being sufficiently innovative and flexible to address the urgent needs of our times.
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