Kent Law School

Critical perspectives research led teaching


 

About

Alex Magaisa has recently returned to Kent Law School after some time away during which he was firstly, between 2011 and 2012, a technical advisor during the constitution-making process in Zimbabwe. As a core member of the team of technical experts, he played a key role in the drafting of the new constitution which was adopted at a Referendum in March 2013.


Second, from 2012 to 2013, he was, by invitation, appointed as the senior advisor to Mr Morgan Tsvangirai, the then Prime Minister of the Republic of Zimbabwe and leader of the pro-democracy movement, the Movement for Democratic Change (MDC). As chief of staff in the Office of the Prime Minister, he was responsible for overseeing staff and delivering support to the Prime Minister.


Both roles gave Alex Magaisa a vantage position to observe the dynamic relationship between law and politics. He is currently working on a monograph on constitution-making in Zimbabwe, which examines the process and the major factors that influenced the outcome of that process. The monograph will highlight his contributions to the final constitution. He also plans to record his experiences and observations on law and politics in his political advisor role. A well-known voice in Zimbabwean legal and political circles, Alex has maintained a blog on constitutional and political issues in Zimbabwe and is regularly called by both domestic and international media for his opinions. He is also regularly invited to the African Commission's High Level Dialogue events on governance.

Research Areas: Critical Commercial Law and Business Law and Regulation, Law and Political Economy, Property Law

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Publications

 

Also view these in the Kent Academic Repository

Article
Magaisa, A. (2011). Constitutionality versus Constitutionalism: Lessons for Zimbabwe's constitutional reform process. OPENSPACE Journal [PDF]. Available at: http://www.osisa.org/openspace/zimbabwe/constitutionality-versus-constitutionalism.
Magaisa, A. (2003). Clean Hands? Thou hath blood on your hands" – A Critique of the Supreme Court Judgment in the ANZ Case. International Journal of Civil Society Law [Online] 1:93-96. Available at: http://www.iccsl.org/pubs/index_journal.html.
Magaisa, A. (2003). "Judicial Protection of Economic, Social and Cultural Rights: Case-note on the case of Minister of Health and others v Treatment Action Campaign and others (No 2) 2002 (5) SA 721 (CC). Journal of African Law [Online] 47:117-125. Available at: http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=170237&fulltextType=XX&fileId=S0221855303002013.
Book section
Magaisa, A. (2013). A Mother's Heart. in: Menozzi, F., Kemal, B. and Mushakavanhu, T. eds. Visa Stories: Experiences between Law and Migration. Cambridge Scholars Publishing.
Magaisa, A. (2011). The Land Question in Zimbabwe: The Judiciary as an Instrument of 'Recovery'? in: Chigara, B. ed. Southern African Development Community Land Issues Volume I: Towards a New Sustainable Land Relations Policy. Routledge.
Magaisa, A. (2011). Land, Law and the Judiciary as an Instrument of 'Recovery' in Zimbabwe. in: Ndlovu-Gatsheni, S. and Muzondidya, J. eds. Grotesque Nationalism in Africa: Essays from Zimbabwe. Peter Lang.
Magaisa, A. (2008). Patents & Copyright in Developing Countries. in: Conaghan, J. and Cane, P. eds. The New Oxford Companion to Law. Oxford: Oxford University Press, pp. 878-879.
Magaisa, A. (2007). Knowledge and Power: Law, Politics and Socio-cultural Perspectives on the Protection of Traditional Medical Knowledge Systems in Zimbabwe. in: Macmillan, F. and Bowrey, K. eds. New Directions in Copyright Law. Cheltenham: Edward Elgar Publishing Ltd, pp. 56-104.
Magaisa, A. (2003). Is the road to England clear? - Suing Multinational Corporate Groups for Corporate torts in the wake of the Lubbe decision. in: MacMillan, F. ed. International Corporate Law. Oxford: Hart Publishing.
Monograph
Magaisa, A. (2010). • The Land Question and Transitional Justice in Zimbabwe: Law, Force and History's Multiple Victims. Oxford Transitional Justice Research.
Internet publication
Magaisa, A. (2018). Zimbabwe's Presidential Petition: The Standard of Proof [online article]. Available at: http://ohrh.law.ox.ac.uk/zimbabwes-presidential-petition-the-standard-of-proof/.
Musoro, L., Madziva, C. and Magaisa, A. (2010). Building Bridges Between Host and Home: the Zimbabwean Diaspora in the UK [Internet]. Available at: http://www.surrey.ac.uk/cronem/files/conf2010papers/Musoro.pdfhttp://www.surrey.ac.uk/cronem/files/conf2010papers/Musoro.pdf.
Total publications in KAR: 12 [See all in KAR]
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Teaching and Supervision

Company Law & Capitalism

Intellectual Property Law

Public Law 1 and 2

International Financial Regulation

Supervision

Financial Services Regulation, Company Law and Regulation Intellectual Property Law

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Other Academic Activities

Membership and Activities

Alex works closely with civil society groups in Zimbabwe, particularly those working in governance and human rights areas. He has assisted in corporate governance reforms of the Zimbabwe Elections Support Network (ZESN), Zimbabwe's largest network that deals with electoral issues. His work involved reviewing the constitution, governance structures, policies and codes and re-drafting the constitution and policies and in the process setting off a trend of corporate governance reforms in Zimbabwe's civil society sector. 


Alex has also been retained as an expert witness in a landmark banking law case at the High Court of England and Wales.  The case of Shah v HSBC Private Bank [2012] EWHC 1283 (QB) (available at http://www.bailii.org/ew/cases/EWHC/QB/2012/1283.html ) was concerned with a bank's right to delay the execution of  a customer's instructions and refuse to provide information in circumstances where the bank has a suspicion of money laundering that has been notified to the law enforcement authorities. Alex testified at the High Court as an expert witness.  http://www.blplaw.com/expert-legal-insights/articles/landmark-decision-in-shah-v-hsbc-private-bank-brings-welcome-relief-for-firms/


Alex also takes a keen interest in the organisation of the Zimbabwean diaspora for various purposes including advocating for their rights of diaspora communities both in their home countries and countries of residence. In 2009, he was chair of the Zimbabwe Diaspora Development Interface (ZDDI), a not-for-profit organisation which played a key role in mobilising the diaspora community in the UK, lobbied for the recognition of dual citizenship in the new Constitution of Zimbabwe (see publications).


Papers and Presentations

Alex has also contributed to the A Diplomat's Handbook, For Democracy Development Support.

Alex has been invited to give presentations on various topics including:

23rd April 2010: "Combating Market Abuse: The Law on Insider Dealing and Market Manipulation in the UK" Special Lecture at the University of Cape Town Faculty of Law, South Africa

19th March 2010: "Corporate Democracy, Shareholder Rights and Directors Duties: Perspectives From the UK and the Development of Corporate Law in Zimbabwe"
Presentation at the British Council Management Express (MEX) Forum held at the Meikles Hotel - Stewart Room, Harare, Zimbabwe.

3 -4 December 2009: "Creating an Enabling Environment: Challenges and Opportunities for the Diaspora", Paper presented at a specially convened Economic Roundtable on Engaging Zimbabweans in the Diaspora towards Economic Reconstruction at Le Franshoek Hotel, Franshoek, Cape Town South Africa Hosted by the Institute of Justice and Reconciliation. The Roundtable brought together leaders in government, civil society and business, including Zimbabwes Prime Minister Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara.

26 September 2009 Investment, Development and Migration Conference hosted by the Zimbabwe Diaspora Development Interface (ZDDI), chaired by Dr Magaisa. The event was hosted in conjunction with and supported by the UK Government's Foreign & Commonwealth Office
28 Feb - 1 March 2009 Financial Services Regulation in the wake of the Global Financial Crisis Paper presented at the National Critical Lawyers Group held at Manchester Metropolitan University

20 November 2008 The 'Human Factor', the Judiciary and Human Rights Protection in Zimbabwe Paper on the Zimbabwean judiciary presented at the Human Rights in Zimbabwe Workshop (Prelude to the Annual Bram Fischer Lecture) at New College, Oxford University

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Last Updated: 02/12/2015