Decentralization and Constitutionalism in Africa

by Charles M. Fombad, Nico Steytler

Overview

This collection of essays assesses the efforts of African governments to constitutionalise decentralisation, be it in the form of federalism, local government or traditional authorities. Since the end of the Cold War jurisdictions across Africa have witnessed an ostensible return to multi-party democracy within the paradigm of constitutionalism and the rule of law. Linked to the democratisation process, many countries took steps to decentralize power by departing from the heavily centralized systems inherited from colonial regimes. The centralization of power, typically characterized by the personalization and concentration of power in the hands of leaders and privileged elites in capital cities, mostly resulted in repressive regimes and fragile states. As decentralisation is a response to these challenges, this volume analyses the dynamic relationship between the efforts to implement decentralization and presence or absence of constitutionalism.

This volume examines a variety of forms and degrees of decentralization found across Africa. It advances a new understanding of trends and patterns and facilitates the exchange of ideas among African governments and scholars about the critical role that decentralisation may play in democratization of and constitutionalism in Africa.

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.

Product Details

ISBN-13:	9780198846154
Publisher:	Oxford University Press
Publication date:	11/10/2019
Series:	Stellenbosch Handbooks in African Constitutional Law
Pages:	672
Product dimensions:	9.80(w) x 6.80(h) x 1.80(d)

About the Author

Charles M. Fombad, Professor of Law, University of Pretoria,Nico Steytler, South African Research Chair in Multi-level Government, Law and Policy, University of the Western Cape

Charles M. Fombad is Professor of Law and leads the African Constitutional Law Unit at the Institute for International and Comparative Law at the University of Pretoria. He has taught at the University of Botswana, the University of Yaounde II, and was visiting Professor at the Universities of Dschang and Buea in Cameroon. From 2003 to 2007 he was also a Professor Extraordinarius of the Department of Jurisprudence at the University of South Africa. He is the author of several books and a member of the editorial board of a number of international journals. He is currently a vice-president of the International Association of Constitutional Law. He is also a member of the Academy of Science of South Africa and a fellow of the Stellenbosch Institute for Advanced Study. His research interests include comparative African constitutional law, media law, and the African Union and legal history, especially legal harmonization.

Nico Steytler holds the South African Research Chair in Multilevel Government, Law and Development at the Dullah Omar Institute of Constitutional Law, Governance and Human Rights, at the University of the Western Cape

Table of Contents

Introduction, Charles M. FombadPart I: Introductory Overview1. The Relationship between Decentralization and Constitutionalism in Africa: Concepts, Conflicts, and Hypotheses, Nico Steytler2. Ethnicity, Decentralization, and Constitutionalism: A Comparative Perspective, Yash Ghai3. Regional and Continental Frameworks for Decentralization in Africa: The African Charter on Decentralization, Charles M. FombadPart II: Federal and Hybrid Federal Systems in Africa4. Constitutional Infidelity and Federalism in Nigeria, Rotimi T. Suberu5. A Federation without Federal Credentials: The Story of Federalism in a Dominant Party State, Yonatan Fessha6. The Dynamic Relationship between Devolution and Constitutionalism in South Africa, Nico Steytler7. Regionalizing Provinces under the Congolese Constitution of 18 February 2006: Progress and Challenges, Balingene Kahombo8. Implementation of Devolution under Kenya's 2010 Constitution: Political Resistance and the Struggle for the Ideals of Constitutionalism, Conrad M. Bosire9. Constitutionalism: The Missing Element in South Sudan's Elusive Quest for Peace through Federalism?, Zemelak Ayitenew AyelePart III: Decentralisation, Local Government, and Constitutionalism10. Constitutionalisation of Local and Regional Government in South Africa, Uganda, and Lesotho, Jaap de Visser11. Decentralization for Participatory Governance under Ghana's 1992 Constitution: The Rhetoric and the Reality, Kofi Quashigah12. Decentralization and Constitutionalism in Zimbabwe: Can the Leviathan be Tamed?, Tinashe Chigwata13. Cameroon and the Anomalies of Decentralization with a Centralist Mindset, Charles M. Fombad14. Decentralised Territorial Entities and Promotion of Local Governance under the Constitution of 18 February 2006 in the Democratic Republic of the Congo, Joseph Hengelela Cihunda15. The Concept and Implementation of 'Gradual Decentralization' in Mozambique, Andre Thomashausen16. Progress and Pitfalls in Constitutional Reform: Decentralization in the Wake of the Arab Spring in Egypt and Tunisia, Sherif Elgebeily17. Subnational Constitutional Autonomy, Local Government, and Constitutionalism in Ethiopia, Christophe Van der BekenPart IV: Traditional Institutions and Decentralisation18. Constitutionalisation of Traditional Authorities and the Decentralization of Governance: Anglophone and Francophone Africa Compared, Jan Erk19. Mapping Traditional Leadership and Authority in Post-Apartheid South Africa: Decentralization and Constitutionalism in Traditional Governance, Christa Rautenbach20. The Tinkhundla Decentralization System: Is this a Blend of Traditional and Modern State Governance that Works?, Musa Njabulo ShongwePart V: General Conclusion21. The Symbiotic Relationship between Decentralization and Constitutionalism in Africa, Nico Steytler

Editorial Reviews

"...I strongly recommend..." — Gaopalelwe Mathiba, Publius: The Journal of Federalism

From the Publisher