毒品犯罪中＂主颜明知＂的推定

由于毒品犯罪的特殊性,对毒品犯罪案件中行为人“主观明知”的认定一直以来都是司法实践中的一个难点。为了有效解决“主观明知”认定这一困境,司法实务界已经认同在毒品犯罪的审理中可以适用“主观明知”的推定。但是,必须严格控制“主观明知”推定的适用条件和运用规则,避免其成为司法人员肆意利用自由裁量权的保护伞,造成冤假错案的出现。     

Economic Stress and Psychological Distress Among Urban African American Adolescents

SUMMARY

The present study tested the hypothesis that maternal depression and negative parenting mediate the relationship between economic stress and psychological symptoms among urban African American youth. Two distinct economic Stressors were examined: (1) acute economic loss and (2) chronic economic strain. Each of these economic Stressors was expected to predict maternal depression, which, in turn, was expected to predict negative parenting, which, finally, was expected to predict adolescent symptoms. Results suggest that maternal depression and negative parenting partially mediate the relationship between economic stress and adolescent psychological symptoms among urban African American youth. Directions for future research and intervention implications are outlined.     

BRICS corporates: In collaboration or in competition in Africa? Case studies from the South African mining industry

Framed by the 5th BRICS Summit in South Africa in March 2013, this analysis examines economic ‘South-South’ linkages on a company level. A qualitative case study focuses on a small number of private corporations operating in the South African mining and minerals sector. It looks at their reactions to increasingly competitive markets in the regions of Southern and West Africa, thus on their agency, defined as the ability to act in complex uncertainty. Findings present how the South African cases' engagements with strategically selected partner companies from the other BRICS economies can succeed. This contribution attempts to examine entrepreneurial rationale that can be taken as anecdotal evidence of a new ‘economic diplomacy’ at corporate level. The examples illustrate how agency enables certain adaptations of strategies for creating competitive synergies from collaboration with new actors from the other BRICS economies in Africa.     

Local plant use and traditional conservation practices in Nhema communal area,Zimbabwe

Abstract

This article is based on a study that was carried out in Nhema communal area in Midlands Province, Zimbabwe, with the main objective of documenting local plant use and traditional conservation practices. Data collected through household semi-structured and open interviews showed that 46 plant species in 40 genera and 24 families were mainly used for firewood, construction wood, food and traditional medicine. Other minor uses included using plant species for making mats, rope and shading. Firewood and construction wood ranked as the most important tree products used. The preferred plant species included: Julbernardia globiflora (Mutondo); Brachystegia spiciformis (Musasa); Terminalia sericea (Mususu); Brachystegia boehmii (Mupfuti); Combretum imberbe (Mutsviri); Combretum molle (Mubondo) and Burkea africana (Mukarati). Some of the highly preferred species, considered to be declining in the local environment, included Adenium obesum (Chisvosve); Azanza garckeana (Mutohwe); Brachystegia boehmii (Mupfuti); Brachystegia spiciformis (Musasa); Burkea africana (Mukarati); Combretum imberbe (Mutsviri); Combretum molle (Mubondo); Dalbergia melanoxylon (Mukonashanhu); Diospyros mespiliformis (Musuma); Elephantorrhiza goetzei (Ntorani); Julbernardia globiflora (Mutondo); Phragmites australis (Shanga; Poulzozia hypoleuca (Munanzwa); Pterocarpus angolensis (Mubvamaropa); Terminalia sericea (Mususu) and Uapaca kirkiana (Muzhanje). Highly preferred and declining species were characteristically large trees and shrubs. Local people are aware of the need to conserve plant resources in order to protect the environment and avoid the extinction of these rare species.Traditional conservation practices have substantially contributed to the conservation of plant species in Nhema communal area. The protection of indigenous timber, fruit trees, trees with social and cultural significance, the use of deadwood for firewood, the use of eucalyptus trees as construction wood and the occurrence of sacred woodland areas represented some of the traditional conservation techniques employed in Nhema communal area. These local practices demonstrate the dynamism and significance of African indigenous knowledge systems.     

Best practices for the management of knowledge for conflict resolution: Lessons learned from the Great Lakes region of Africa

Abstract

This article deals with the management of knowledge for conflict resolution and innovation in Africa. After a brief discussion of the research methodology followed, a feedback is provided on the field study conducted from 2006 to 2008 in northern Uganda and Rwanda and at the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania, and in the DRC. As a result of the field study, certain principles and practices were identified whereby the challenges facing Africa could be examined. The author found five ‘realms’ in which knowledge management can take place and that traditional knowledge practices, if merged with more modern knowledge management practices, provide a valuable framework for using knowledge management for conflict resolution and innovation in Africa. Best practices that were identified include an intra-connected and collective knowledge production system and the production of tacit knowledge, especially among the new generation or youth. Furthermore, the importance of intellectual capital (in the form of value-driven leadership, competent managers and expert knowledge workers) and the activation of an intervention into the continuous spiral of violent conflict which will ultimately lead to the innovative transformation of African society are discussed. Finally, some recommendations are offered as possible solutions for conflict resolution and innovation in Africa.     

In Search of Native Dissidence: RT Kawa’s Mfecane Historiography in Ibali lamaMfengu (1929)

Abstract

This article situates RT Kawa’s Ibali lamaMfengu (1929) as a canonical text of South African historiography, and mfecane historiography in particular. In Ibali lamaMfengu, Kawa attempts to give an account of the origins of amaMfengu clans, who were Mfecane refugees, as well as their political situation, when they were incorporated into the Gcaleka kingdom of King Hintsa in the 1820s and 1830s. Kawa’s work is significant in clarifying key disputes on the origins of amaMfengu although is not comprehensive in detailing their early life amongst amaXhosa. Although a key text, its analysis was not only excluded, but rejected by ‘‘mainstream’’ South African historians in the 1980s and 1990s. This omission resulted in dominant scholarly versions of the Mfecane dismissing the validity of the interpretations and analyses of African writers, in effect, rendering Mfecane historiography a ‘‘white-only’’ debate. I demonstrate in this article that Kawa’s work is in fact, a valid and persuasive history of amaMfengu, and is largely accurate on the basis of their origins, their life under chief Hintsa, and the reasons for their exodus from amaXhosa, that led to their loyalty pledge to the British in 1835.     

Epistemic pluralism for knowledge transformation

ABSTRACT

When Aristotle wrote that a human being is a rational animal, race, creed and colour were excluded from his declaration. Such a view is informed by the axiom that all human persons are capable of and are endowed with scientific rationality. However, colonialism sought to entrench Western epistemologies (ways of knowing) at the expense of the conquered communities’ world experiences. To deny the reasoning capacity of the Other is tantamount to questioning their humanity. It leads to a fallacious belief that there are modes of knowing, knowledge generation and knowledge application that are inferior, simply because of the pigmentation of the individuals articulating them. Scholarship is violated and impoverished by such an imperial approach. This article argues for the promotion of a holistic and normative epistemology oriented towards the development and happiness of the individual and society, while affirming the humanity of the African person.     

In search of real justice for Africa and Africans,and her/their descendants in a world of justice,injustices and impunity

Abstract

The quest for justice by Africans and peoples of African descent, wherever they may be in the world, is arguably one of the most daunting mental, psychological, moral, legal and material challenges facing humanity in general, and the peoples of Africa in particular. It is a question of whether African peoples demand justice for the wrongs committed against Africa and its peoples over the last 500 years, or whether Africa and African peoples accept complicity in the global impunity enjoyed by the perpetrators of those injustices, and by doing so diminish the significance of contemporary enthusiasm for global justice. Centralising the question of impunity to date for horrendous crimes, gross human and peoples’ rights violations and other injustices against Africa and Africans is not meant to distract Africans in Africa and the diaspora from the quest, in the 21^st century, for a new Africa that we have a historical responsibility to build and, by doing so, to ensure that the past is not repeated. Acknowledging the wrongs of the past and making symbolic reparative actions for those wrongs are essential for ensuring that the pursuit for a better world of justice is not built on top of underlying sinkholes and on the waste dumps of past injustices. Critical breakthroughs, such as the commitment enshrined in the Constitutive Act of the African Union (2000), on crimes against humanity, war crimes, genocide and the prohibition of unconstitutional change of government, must be vigorously pursued to their logical conclusion. To do so requires an understanding of where Africans, in their relationship with peoples in the rest of the world, are coming from. Smaller parts of the world have experienced similar heinous injustices with impunity, and Africa's pursuit of real justice also applies to those states and their peoples. Corrective or reparative justice is needed to clear the path for the meaningful and honest promotion of real global justice in the making of the future. It is imperative that the making of the African Renaissance confront real global justice for the sake of the past, the present and the future.     

Ubuntu as public policy in South Africa: A conceptual framework

ABSTRACT

Beginning with an overview of the origin and core elements of ubuntu, this article focuses on the idea that the analytic process required to illustrate how a social theory and a political ideal can be extracted and developed out of their constitutive elements has not been given the rigorous attention it deserves. Without such rigour it is extremely difficult to recommend a coherent conceptual framework for political action. It then suggests guidelines for policy development and implementation, confident that nuanced variations in the various understandings of ubuntu are not so fundamental as to prevent trend-data analysis and generalisation.     

The African Union (AU), the Libya Crisis and the notion of ‘African solutions to African problems’

When the crisis in Libya began, it was hoped that the AU would be the one to deal with it under its cherished notion of ‘African solutions to African problems’. However, from the very beginning, the organisation took half-hearted measures in its reaction; its members did not speak with one voice on how to resolve the crisis; and Qaddafi ignored the organisation's call to end the crisis peacefully, eventually resulting in the organisation being over-ridden by the western powers through means of the UN Security Council (UN SC). The Libya crisis demonstrated that beyond rhetoric, the AU does not have the capacity to respond effectively to the crises facing Africa. The crisis rendered the notion of ‘African solutions to African problems’ moot and demonstrated that at the moment the AU lacks the requisite functional tools to actually operationalise the notion.