Faculty of Law

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http://hdl.handle.net/20.500.11837/191
The Faculty of Law collection in DSpace at the University of Fort Hare provides access to the scholarly and research outputs of staff and students. This collection includes theses and dissertations, research articles, conference papers, and examination question papers. The Faculty is committed to advancing knowledge and practice in the field of law, justice, and governance, with a strong focus on the constitutional, legal, and socio-political contexts of South Africa and Africa as a whole. Areas of teaching and research include public and private law, human rights, customary law, commercial law, criminal justice, and legal ethics. By preserving and disseminating these resources, the collection supports teaching, learning, and research while contributing to the development of legal scholarship, critical inquiry, and the promotion of social justice and transformation within the University and society.

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Browsing Faculty of Law by Author "Masumbe, Paul Sakwe"

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    The process of naturalisation of refugees under international and South African law and its implications for human rights
    (University of Fort Hare, 2015) Masumbe, Paul Sakwe
    This study seeks to examine the naturalisation of refugees under international law with specific focus on the South African refugee system. The universalised nature of human rights and the difficulties of refugees finding new roots in host states form the basis of this study. This study takes a closer look at the South African refugee system and the path to naturalisation of refugees. It identifies policy and legal gaps in the process of naturalisation of refugees and argues that the practice as it stands today, fundamentally abuses the rights of refugees and questions South Africa’s good faith in meeting its international obligations under the 1951 Refugee Convention. It argues further that the biopolitical philosophy upon which South African citizenship is anchored is itself a hindrance to the realisation of efforts aimed at naturalising refugees and their descendants. The research methodology used in this study is non-empirical. This is so because the study is based on available data, information already available in print or on the internet. The study attempts to accomplish the above by undertaking an in-depth analysis of the history of refugees, the current position of naturalisation under international law, and identifies the inherent challenges. In the South African context, the study makes use of extensive statutory, constitutional and case law materials to justify that the current treatment of refugees in their quest for naturalisation is indefensible within the context of a human rights-based approach and the dictates of the Constitution. This study concludes by making recommendations that would help close the legal and policy gaps that obtain presently. These include amendments to the Refugees, Immigration and Citizenship Acts and strengthening policy implementation at the DHA. It is hoped that the recommendations will strengthen and evolve a human rights culture and bring refugee, immigration and citizenship laws in line with the Constitution. It will also pave the way for a more just and peaceful South Africa as she strives to meet her obligations under regional and international law.