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In search of a regime of responsibility and accountability for perpetrators of torture with reference to persons with special responsibility for protecting human rights
(University of Fort Hare, 2008) Odeku, Kolawole Olusola
orture is a serious violation of human rights and it is strictly prohibited by numerous human rights instruments. The prohibition of torture enshrines one of the most fundamental values of a democratic society. Its prohibition in a national constitution commits the country, and specifically its law enforcement officers, to performing their duties with due regard to the essential dignity of every human being. The irony is that the law enforcement officials and the security agents who are entrusted with the responsibility of maintaining law and order in the society sometimes breach the law which they have sworn to uphold. Most of the perpetrators of acts of torture are usually those in positions of state power. In addition, other persons who wield other forms of authority or influence also perpetrate torture. It is contended that both civil and criminal responsibilities of the perpetrators should be explored by bringing them to justice in order to serve as deterrence to others. Despite being stringently outlawed, torture continues to be practised in many countries in the world. The underlying assumption is that, although the prohibition of torture has become part of customary international law, the practice of torture remains widespread. Torturers and those who order or encourage torturers to ply their trade or acquiesce in their doing so, enjoy virtual impunity from prosecution within their own jurisdictions. In many cases, the majority of the torturers go unpunished because they are, most often than not, agents or officials of the state. Nowadays, there are various international human rights instruments prohibiting torture. Violations of the provisions of these instruments by states or individuals will attract necessary and appropriate sanction. The erring state or individual will be held accountable and if found liable, sanctions as contained in the instruments banning torture will be invoked accordingly. It must be stressed that condemnation of torture is universal and its prohibition forms not only part of customary international law, but has joined that narrow category of crimes so egregious as to demand universal criminal jurisdiction. There is no save haven for perpetrators because the various mechanisms and adjudicating bodies of state parties and the United Nations have competent jurisdictions to right the wrong. Furthermore, it must be stressed that there can be no justification for torture because CAT and other important international human rights instruments assume increasing importance tools which have realistic prospects for eliminating torture.
A comparative analysis of the rights of the child with particular reference to child soldiers
(University of Fort Hare, 2008) Anwo, Joel Olasunkanmi; Rembe, N S
The recruitment, enlistment and forceful conscription of children as soldiers is a cause for grave concern all over the world and most especially in Africa, where years of factional fighting, civil wars and cross border conflicts have raged, children and youth have been pulled into violence not only as victims, but also as perpetrators. The involvement of children in war posses a severe challenge to prevailing moral and legal norms of the conduct of modern warfare. A major problem and most controversial issue, among others, is on the age at which children should be eligible to become combatants. Children, who may be viewed as a valuable resource due to their often inherent malleability, wish to avenge family member(s) killed in war, sense of immunity to danger, and or feeling of power in participating in the violence. Can the use of children as soldiers be effectively regulated in Africa? All efforts to assist child soldiers in recovering from the devastating effects of wars often unwillingly helped promote the growing number of child soldiers. This is in part because wars are now more fought internally among rebel armies and factions vying for power with the government and thus enlist children into their various armies. The study comes to a conclusion that drastic steps need to be taken to ameliorate this unfortunate situation. This formed the basis of the recommendations offered in the thesis to assist the African continent.
The regulation of insider trading in South Africa: a roadmap for effective, competitive and adequate regulatory statutory framework
(University of Fort Hare, 2008) Chitimira, Howard
Insider trading is one of the practices that (directly or indirectly) lead to a host of problems for example inaccurate stock market prices, high inflation, reduced public investor confidence, misrepresentation and non disclosure of material facts relating to securities and financial instruments. Again it reduces efficiency in the affected companies and eventually leads to economic underperformance. The researcher observed that the South African insider trading regulatory framework has some gaps and flaws which need to be adequately addressed to ensure efficient and stable financial markets. Therefore, the aim of this research is to provide a clear roadmap for an effective, efficient, adequate and internationally competitive insider trading regulatory framework in South Africa. In order to achieve the above stated aim, the historical development of the regulation insider trading is critically analyzed. The effectiveness and adequacy of the Insider Trading Act, 135 of 1998 is also discussed. Furthermore, the prohibition of insider trading under Securities Services Act, 36 of 2004 is explored and analyzed to investigate its adequacy. The role of the Financial Services Board, the Courts and the Directorate for Market Abuse is also scrutinized extensively. Moreover, a comparative analysis is undertaken of the regulation of insider trading in other jurisdictions of United States of America, Canada and Australia. This is done to investigate any lessons that can be learnt or adopted from these jurisdictions. The researcher strongly contends that having the best insider trading laws on paper alone will not cure the insider trading problem. What is required are adequate laws that are enforced effectively in South African courts. Therefore an adequate insider trading regulatory framework must be put in place to improve the efficiency of South African financial markets, to maintain a stable economy, combat misrepresentation and non disclosure of material facts in transactions relating to securities. The researcher has attempted to state the law as at 31 August 2007.
The auditor's duty of reasonable care and skill and the expectation to detect fraud
(University of Fort Hare, 2008) Kujinga, Benjamin Tanyaradzwa
Auditors perform a very important task within the context of the affairs of a company because financial reporting can only serve its purpose if stakeholders can rely on its accuracy and reliability. An auditor's duty is to opine whether an entity's financial reporting has been done according to the requirements of the law. The responsibility of reporting according to the law lies with an entity's directors. Auditors cannot issue an absolute assurance as to the lawfulness and reliability of an entity's financial reporting. However when it is subsequently discovered that the financial reporting was incorrect and that fraud has occurred auditors are often blamed and sued for enormous amounts of money for failing to detect material anomalies in the financial reports. These actions are based on the fact that auditors have a duty to exercise reasonable care and skill in the performance of their duties and through their failure to act as such, have caused financial harm to the clients or third parties. The fact that auditors are only required by law to exercise reasonable care and skill and perform an audit according to the standards of the reasonable auditor and not the most meticulous one, is often not regarded or is sometimes deliberately ignored. This clearly represents a problem in our law, namely that the presence of fraud in financial reports does not in itself suggest negligence on the part of the auditor but is apparently often perceived to do so. This research shows that the auditor's duty of reasonable care and skill does not necessarily entail the duty to detect fraud. The elements of the duty of reasonable care and skill are identified from case law, legislation and international auditing standards. In order to limit the liability of auditors in general it is important to focus also on the elements of fault (negligence), wrongfulness and causation. This research shows that negligence cannot be established merely by the presence of fraud or material misstatements in financial statements. The responsibility for fair financial reporting lies with the directors. This research gives prominence to this fact which often seems to be ignored for convenience and in order to place the blame on the auditors. This research implicitly asks the question, why are auditors being held responsible for material misstatements in a company's financial statements and not the directors? Guidelines for determining the extent of an auditor's liability in this regard are formulated in this research.
Implementation of Domestic Violence Act No 116 of 1998 in South Africa: a case study of two townships in Nkonkobe Municipality District Eastern Cape Province
(University of Fort Hare, 2008) Mesatywa, Nontando Jennifer
This is an exploratory study on the implementation of the Domestic Violence Act No 116 of 1998 in South Africa. It is a case study of two townships in the Nkonkobe Municipality District, Eastern Cape Province. The study was conducted at Ntselamanzi and Upper Qhumashe townships in Nkonkobe Municipality District, Eastern Cape. Since this is a qualitative exploratory study, in-depth interviews were conducted on a sample of ten women in abusive relationships and focus group interviews were conducted on five service providers for a triangulation. A study of related literature focused on African women in battered relationships. An African women's perspective on the experiences of abuse have been explored. Gender based radical feminist views were discussed and legislations and conventions were analyzed from a human rights perspective. The implementation of the Domestic Violence Act and the role of service providers were also looked into. The findings suggest that African women experience abuse in partner relationships. They sustain grievous bodily harm, psychological, emotional and financial abuse. The patriarchy system, alcohol abuse, infidelity, traditional practices and failure to maintain children have been cited as some of the reasons. The social networks and service providers assisted these women to some extent. However, there is need for ethnic sensitive interdisciplinary training approach on African communities on the Act and a legal system that is accessible to rural women in order to curb further abuse. Various recommendations have been put forward. The study indicated a need for ethnic sensitive empowerment programs for the abused, rehabilitative programs that take into cognizance human rights violations of these women and the abusers, and effective legal remedies to prohibit women abuse.
The role of the judiciary in protecting the right to freedom of expression in difficult political environments: a case study of Zimbabwe
(University of Fort Hare, 2008) Ndawana, Duduzile
The right to freedom of expression is with no doubt one of the most important rights in all democratic societies. The southern African sub-region is however lacking when it comes to the protection of this right. There are either highly repressive laws which result in the right being practiced but to a limited extent. In other cases the media is owned by the elite in society which results in the majority not being represented in the independent media and at the same time, the public media is often abused by the governing elite. The scene is therefore that both the public media and private media are representative of the elite. The research seeks to explore the protection of human rights, particularly the right to freedom of expression in politically volatile environments. The research focuses on Zimbabwe but comparative analysis has also been drawn with other jurisdictions moreso South Africa. It is important to note that Zimbabwe has ratified both the International Covenant on Civil Political Rights and the African Charter on Human and Peoples' rights both of which protect the right to freedom of expression. It is however not enough that states ratify international and regional instruments without domesticating the instruments at the national level. The domestication of the international and regional instruments is meant to ensure that individuals enjoy these rights. Freedom of expression is highly volatile in Zimbabwe. The legislature has been accused of taking away the right which has been granted to citizens by the Constitution through its highly repressive laws. The Access to Information and Protection of Privacy Act (AIPPA), the Public Order and Security Act (POSA), and the Official Secrets Act are some of the laws which have been put under spotlight in Zimbabwe. There is therefore a conflict between the legislature, the press and individuals in Zimbabwe. In Zimbabwe like many democratic states, there is separation of powers between the legislature, the executive, and the judiciary. The legislature is the decision making structure that enacts policies in their capacity as representatives of the people; the judiciary is the mediating body that adjudicates decisions between the organs of state as well as between those organs and individuals and the executive enforces decisions. The findings of the research are that despite the ratification of international and regional instruments dealing with the right to freedom of expression and the protection of the right to freedom of expression in the constitution, there still exist repressive laws in Zimbabwe which to a great extent limit the right to freedom of expression. These laws in light of the prevailing environment in Zimbabwe are often used to deprive citizens and journalists of information and their right to freedom of expression. The judiciary finds itself in a difficult position as the executive does not comply with its rulings. The independence of the judiciary, in light of the environment is also compromised by the threats to the judges, the appointment process and ΓÇÿgifts' given to the judges for example, farms. The research analyses the history and theories of freedom of freedom of expression in Zimbabwe, the laws regulating the right and the case law dealing with this right. Finally there is a comparison between Zimbabwe and South Africa and conclusions and recommendations are made based on the discussion in the dissertation. Among the recommendations is that civil society should be involved in educating individuals especially journalists about the right to freedom of expression. Further, the judiciary should also take a more proactive approach in the protection of the right.
Human rights in South African correctional centres: a case study of two correctional centres in the urban and rural areas of the Eastern Cape Province
(University of Fort Hare, 2008) Spayile, S
This research project focuses on human rights violation in South African correctional centres. The method of research comprises interviews conducted with correctional officials and inmates. It is a case study of one correctional centre in urban and in rural area of the Eastern Cape Province. The researcher hopes that this study will be a basis for further research into the violation of human rights in South African prisons. The findings of the research indicated that the main causes of human rights violation in South African prisons are overcrowding; gangsterism; and non adherence to Departmental policies by correctional officials. Recommendations have been made that: (i) Provision of adequate prison accommodation; (ii) Upgrading training and staff development.
Dumping, antidumping and the future prospects for fair international trade
(University of Fort Hare, 2008) Zvidza, Tinevimbo
More than a century has passed since Canada adopted the first antidumping law in 1904. Similar legislation in most of the major trading nations followed the Canadian legislation prior to and after the World War II. Antidumping provisions were later integrated into the General Agreement on Tariffs and Trade (GATT) after the said war. Today, nearly all developed and developing countries have this type of legislation in place within their municipal legal framework. The subject of antidumping has received growing attention in international trade policy and has become a source of tension between trading nations. This is evident in the substantial increase of antidumping actions since the establishment of the WTO. Antidumping policy has emerged as a significant trade barrier because of its misuse by both developed and developing countries. The primary instruments governing antidumping actions are GATT Article VI and the Antidumping Agreement (ADA). The ADA contains both the substantive and procedural rules governing the interpretation and application of the instrument. Its purpose is to ensure that the instrument is used only as a contingency measure judged upon merit and not as a disguised protectionist device. Given the growing number of countries participating more actively in the world trading system and the notorious misuse of antidumping provisions, there is a vital need to critically analyse the key provisions of the said instruments. This study is an attempt at that academic enterprise. It concludes by giving proposals for future reform of both real and potential future reform of the current WTO antidumping regime. Dumping, antidumping, antidumping regulation, antidumping duties, like products, dumping margin, zeroing, facts available, protectionism, ADA.
An investigation of illegal farm evictions in the Great Kei Local Municipality
(University of Fort Hare, 2008) Sonjica, Kholekile Templeton
This research entails a case study on the investigation of illegal farm evictions in the Great Kei Local Municipality of the Eastern Cape. The study was propelled by the plight of people living and working on farms in South Africa who are always victims of illegal farm evictions. Such evictions in many an instance violate their basic human rights protected by South Africa's constitution and many other international conventions. It is hoped that the findings and recommendations of the research will have a profound impact on how illegal farm evictions in future will be handled by those championing the rights of people living and working on farms. Similarly, there is hope that this study will create an interest in others to new broader issues of human rights protection. A closer look at concepts like constructive evictions is necessary because of their traumatic nature to their victims. The study is divided into five chapters. 1. Introduction This chapter provides a background, the purpose of the study, specific objectives or research questions, hypotheses or assumptions of the study, the significance of the study, justification or rationale of the study, delimitation of the study, literature review, methodology, ethical considerations, and the limitations of the study. 2. The history of farm evictions in South Africa This chapter gives an outline of farm evictions in South Africa from both the colonial and apartheid 3. The culture of human rights in South Africa This chapter examines the institutions and instruments that influence the human rights culture in South Africa. It focuses on the legislative framework of human rights. 4. Farm evictions in the Great Kei Local Municipality of the Eastern Cape This chapter discusses farm evictions in the Great Kei Local Municipality and South Africa in general between December 2001 and December 2006. A case study of the same municipality is the nucleus of this research. 5. Conclusion The evaluation, findings, and recommendations of the study form the greater part of the chapter.
Determinants of household food security in the semi-arid areas of Zimbabwe: a case study of irrigation and non-irrigation farmers in Lupane and Hwange districts
(University of Fort Hare, 2008) Sikwela, Misery Mpuzu; Mushunje, A
Lupane and Hwange districts fall under natural region IV and V and lie in the semi-arid regions of Zimbabwe with low and erratic mean annual rainfall not exceeding 600mm. Seventy percent of Zimbabwe’s population lives in communal areas, whose livelihood is based on agriculture. The communities in these areas mainly practice mixed farming systems. However, crop production is constrained by water availability and suitable production techniques. As a result households in these areas are experiencing worsening levels of household food insecurity. Two irrigation schemes were identified for this study and these are located in these two districts. Tshongokwe irrigation scheme is located in Lupane district and Lukosi irrigation scheme is located in Hwange district and these irrigation schemes are about 25 hectares in size. Lupane and Hwange districts are considered to be one of the most food insecure areas in the country because of the frequent droughts and unreliable rainfall in the region. The major tool of enquiry in this study was the questionnaire which was used to collect data from the households that farm on irrigated land and those that farm on dryland farming. Household and farm characteristics were collected using structured questionnaires with the help of locally recruited and trained enumerators. Agricultural production, household consumption and marketing of agricultural produce were accessed using the questionnaire to establish problems experienced by farmers. The main objective of this study was to investigate the determinants of household food security using a logistic regression model. The model was initially fitted with thirteen variables, selected from factors identified by previous researchers that affect food security in communal areas. Six variables were found to be significant at 1, 5 and 10 percent significance level and all had the expected signs except farm size. These factors include access to irrigation, farm size, cattle ownership, fertilizer application, household size and per capita aggregate production. The results obtained were further analyzed to compute partial effects on continuous variables and change in probabilities on the discrete variables for the significant factors in the logistic regression model. Analysis of partial effects revealed that household size, farm size, cattle ownership and per capita aggregate production lead to a greater probability of household being food secure. Change in probability results showed that having access to irrigation and using fertilizer can increase the probability of household being food secure The findings of this study highlight a positive and significant relationship between access to irrigation, fertilizer application, cattle ownership, per capita aggregate production to household food security. Household size and farm size have a negative and significant relationship on household food security. This study shows the effectiveness of irrigated farming over dryland farming in the semi-arid areas. The results show increased agricultural production, crop diversification and higher incomes from irrigation farming as compared to dry land farming. Irrigation farming has enabled many households to diversify their source of income and generate more income. Irrigation has enabled households with irrigation not only to feed themselves throughout the year but also to invest on non-agricultural goods and services from incomes received from crop sales Based on the results from the logistic regression model, it can be concluded that household size, farm size, per capita aggregate production, cattle ownership, fertilizer application and access to irrigation have a positive effect on household food security and the magnitude of changes in conditional probabilities have an impact on household food security.
Socio-economic impact of the participatory and conventionally implemented irrigation and livestock development projects: a case of Beitbridge and Mberengwa Districts of Zimbabwe
(University of Fort Hare, 2008) Ndou, Portia; Mushunje, A
The purpose of this study was to evaluate the impact of participatory and conventional approaches to livestock and irrigation project implementation in Zimbabwe’s Beitbridge and Mberengwa districts. The conventional livestock projects performed better than the participatory. Despite the breed for the participatory livestock projects being unsuitable for the environment, the farmers failed to utilize the drugs and surplus funding set aside for replacement of dead cattle. Farmer training was found to be of paramount importance in the establishment of the livestock projects in spite of the participatory approach used for the implementation of the projects. Also the technical backup and support for the livestock project beneficiaries is important to ensure early rectification of problems that may affect the smooth running of the projects as well as an opportunity to introduce new technical advice to boost production. Livestock projects take long period of time to establish, i.e. for the financial turn over to be realized. It takes long time for farmers in these projects to make investments from the proceeds of the livestock projects. For this reason, there is need for the number of beneficiaries for each pass-on livestock project to take into account the number of beasts at project establishment and also the number per each beneficiary group. However, the projects should still be encouraged as they will take full operation at a later stage and be of benefit to the rural disadvantaged who cannot access other means to own cattle, which in turn play a pivotal role in crop production (through draft power, manure provision) and cash earnings that indirectly ensures food security. Regardless of approach used, livestock projects should be strongly supported because the districts under study are prone to poor crop production and hence the cattle can be a source of income and food. Participatory irrigation projects performed better than the conventionally implemented, despite their small hectarages. This proved that farmer participation can greatly improve the efficiency of development work and eliminate many of the problems regarding proprietorship and enhance development activities at community level. Conventional irrigation projects were plagued by problems of mismanagement and theft as was reflected by poor performance and malfunction of the conventional Chingechuru and Chimwe-Chegato irrigation schemes. Fencing theft atChingechuru irrigation scheme had brought it to a stand still. However, the larger incomes associated with the conventionally implemented irrigation projects were the result of the larger areas under cropping for these projects. Production levels in participatory irrigation schemes were good. Adoption of most technical innovations in livestock projects was found to be associated with the conventional approach. Asset procurement was a function of the farmer’s accessibility to non-project income, like formal employment, and procurement of specific assets applied more to project type than the approach to project implementation. This study found that the approach used in implementation had a greater influence on the performance of irrigation projects than livestock projects.
Technical constraints to smallholder agriculture: case study of Nkonkobe Municipality, Eastern Cape, South Africa
(University of Fort Hare, 2008) Pote, Peter Paul Takawira; Obi, Ajuruchukwu
Using data drawn from a sample of 80 farmers in the Kat River valley, this thesis presents the results of an assessment of the technical constraints affecting smallholder development and their implications for market access. A review of the relevant literature on the smallholder farm sector, technical change and technical constraints affecting smallholder farmers along with an overview of the agricultural marketing environment in South Africa has been presented. A critical review of the theoretical framework for consideration of technical change in agricultural development, with particular attention to the induced innovation model was undertaken. General information on the institutional set up was obtained by open-ended interviews of community leaders and focus groups. These interviews supplemented information obtained through literature study and document analysis. The other method of data collection employed was the single-visit household survey using structured questionnaires. The demographic and socio-economic characteristics of the surveyed farmers are described in this study. The selection process of the variables influencing market access was done by employing correlation and logistic regression analyses. Correlation analysis was conducted to ascertain the relationship among variables to find out the extent to which they mirror theory or intuition regarding their causation to constraints influencing market access. The logistic model was employed in the step-wise manner using each of key production inputs as response variables sequentially. On the basis of a binary logistic model, it can be concluded that the farmers still operate under a number of technical constraints. The most influential constraints are information, asset ownership, value of agricultural production and extension assistance. The study reflects the previous findings in South Africa that the legacy of apartheid continues to negatively impact on its agricultural economy. Key words: Technical Constraints, Technical Change,Market Access, Smallholder Farmers, Agricultural Development, Induced Innovation Model, Kat River Valley, Correlation analysis, Theoretical framework and Binary Logistic Model
Economic valuation of communal rangelands in the Eastern Cape Province of South Africa
(University of Fort Hare, 2008) Gombakomba, Gift; Fraser, G C C
The exploitation and conversion of rangeland ecosystems is often explained by economists as being the result of an undervaluation of the goods and services provided by the rangelands. Undervaluation of rangelands may contribute to their mismanagement or their transformation to monoculture, such as livestock or gathering. Similarly, this may lead to inappropriate policy recommendations and prescriptions. This study undertakes a valuation exercise in an effort to address causes of undervaluation. The objective of the study is to estimate the annual direct, indirect and non-use values per household of communal rangelands in the Eastern Cape Province, based on both primary and secondary data. The exercise incorporates the two major direct uses, both marketed and non-marketed, of rangelands - livestock and gathering. Contingent valuation method based on stated preferences by individual household was used to value the indirect and non-use values of the communal rangelands (e.g. erosion protection and burial sites). Data was collected using PRAs, structured questionnaires and interviews by trained enumerators. The study shows that half of the households owned livestock, which is the main economic use of the rangelands and gathering of natural resources also made an economic contribution. Every household was involved in collection of range resources such as fuel wood, wild fruits, thatch grass, building poles, hunting, fishing make a significant contribution to the direct use values: in the case of gathering it shows that there is “hidden harvest” of many of the natural resources from the rangelands. Indirect and non-use values are shown to be important in the communal areas but are difficult to quantify; the results of these are based on qualitative analysis. Keywords: communal rangelands, demand curve, direct use values, indirect use values, individuals’ preferences, non-use values, willingness-to-accept and willingness-to-pay.
Should passive euthanasia be made legal in South Africa?
(University of Fort Hare,Faculty of Law, 2009) Chidoori, Rumbidzai Elizabeth Portia
Should passive euthanasia be made legal in South Africa?
(University of Fort Hare, 2009) Chidoori, Rumbidzai Elizabeth Portia
In In 1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people's perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society's reactions to this growing phenomenon.1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people's perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society's reactions to this growing phenomenon.
Critical analysis of the impact of the common law on African indigenous law of inheritance a case study of post colonial legislation in Zimbabwe
(University of Fort Hare, 2009) Gwarinda, Tafira Albert
The study looks at the main features of African indigenous law of succession and inheritance in Zimbabwe. It draws a distinction between the forms of inheritance practised between the two major ethnic groups, the Shona and the Ndebele. Whilst the research was mainly aimed at these two groups an investigation into inheritance practice by the South African Zulu and Xhosa counterparts was also made. An investigation into the impact of western influence on succession and inheritance was made taking a look at colonial legislation and case law, the general deduction being that it was a vehicle for attaching customary law to a western type law. After independence there was the issue of the impact of constitutionalism and international human rights law on succession in post colonial Zimbabwe. These were tools for change by bringing in notions of equality between men and women, issues that were highlighted in the cornerstone case of Magaya v Magaya, which was in turn discussed in the light of the Mthemu v Letsela and Bhe trilogy of cases in South Africa. In the final chapter there is a discussion of possibilities of reform and the future of customary law in Zimbabwe the highlight here being conducting proper legal research to ascertain the true purpose of custom.
Potential of sorghum and finger millet to enhance household food security in Zimbabwe's semi-arid regions: a case study of communal areas in Masvingo Province
(University of Fort Hare, 2009) Mukarumbwa, Peter; Obi, Ajuruchukwu
Successive droughts, in Zimbabwe compounded by other economic shocks in recent years have resulted in decreased maize productivity amongst the communal farmers most of whom reside in regions IV and V which are considered semi-arid. This has given rise to the need to find alternative food crops, which may be suitable for these areas. Generally, research in the world indicates that sorghum and millet have the potential to end chronic food insecurity in semi-arid areas because of their drought tolerance. Whilst this might be the case, research, government policy and assistance from non-governmental organizations on food crop production in Zimbabwe have shown a continual inclination to maize production in semi-arid areas. However, maize is regarded as a high risk crop in these regions. The main objective of the study was to investigate major factors affecting smallholder farmers in semi-arid areas, from increased production of small grains, specifically sorghum and finger millet. The study was conducted in two rural districts of Masvingo and Gutu, which lie in natural region IV in Masvingo Province. The questionnaire was used as the main tool of inquiry to gather data from households in selected villages within these districts. Questionnaires were administered through face-to-face interviews. The total sample size was 120. The logistic regression model was used to analyze data. The results revealed that, at the 5% level, labour, cattle ownership, farm size, age, extension, yields and access to credit significantly influence sorghum and finger millet production. These findings suggest that an adjustment in each one of the significant variables can significantly influence the probability of participation in small grain production. In view of these research findings, a policy shift that encourages increased production of finger millet and sorghum in Zimbabwe‟s semi-arid regions is proposed. It is suggested that this may increase household food security in these regions.
Access to credit and the effect of credit constraints on household welfare in the Eastern Cape province, South Africa
(University of Fort Hare, 2009) Baiyegunhi, Lloyd-James Segun; Fraser, G G C
In recent years, concern about food safety linked to health issues has seen a rise in private food safety standards in addition to the regulations set by the Food and Agriculture Organisation (FAO) in collaboration with the World Health Organisation (WHO). These have presented challenges to producers and exporters of agricultural food products especially the producers of fresh fruits and vegetables. In spite of the food safety-linked challenges from the demand side, the vast range of business-environment forces pose equally formidable challenges that negatively impact on the exporting industries’ ability to maintain or improve their market shares and their ability to compete in world markets. The objective of this study was therefore to establish the competitiveness of the South African citrus industry in the international markets within this prevailing scenario. Due to the diversity of the definitions of competitiveness as a concept, this study formulated the following working definition: “the ability to create, deliver and maintain value and constant market share through strategic management of the industrial environment or competitiveness drivers”. This was based on the understanding that the international market shares of an industry are a function of forces in the business environment which range from intra-industry, external and national as well as the international elements. The unit of analysis were the citrus producers engaged in export of their products and the study made use of 151 responses by producers. The study adopted a five-step approach to the analysis of the performance of the South African citrus industry in the global markets, starting with the analysis of the Constant Market Share (CMS) of the South African citrus industry in various world markets, establishing the impact of the business environmental factors upon competitiveness, establishing the costs of compliance with private food safety standards, determining the non-price benefits of compliance with the standards, as well as highlighting the strategies for enhancing long-term competitiveness of the industry in the international markets. South Africa is one of the top three countries dominating the citrus fruit export market. Since its entry into the citrus fruit exports market in the 1900s, the industry has sustained its activity in the international market. The Constant Market Share Analysis shows that, amidst the challenges on the international market side, and the changes in the business environment, over much of which the industry has limited control and influence, the industry has maintained its competitive advantage in several markets. The CMS shows that South Africa’s lemons are competitive in America. Despite a negative trend, the South African grapefruit has been competitive in France, Greece, Italy, the Netherlands and Spain. Oranges have been competitive in the Greece, Italy, Portugal, UK, Asian and Northern Europe markets. Competitiveness in these markets has been due to the inherent competitiveness of the industry. Competitiveness in such markets as the Middle East has been attributed to the relatively rapid growth of these markets. The South African citrus industry has similarly undergone many major processes of transformation. The business environmental factors influencing its performance have ranged reform to the challenges beyond the country’s borders. These factors directly and indirectly affect the performance of the industry in the export market. They have influenced the flow of fruits into different international destinations. Of major concern are the food safety and private standards. Challenges in traditional markets as well as opportunities presented by demand from newly emerging citrus consuming nations have seen a diversification in the marketing of the South African citrus. The intensity of competition in the global market is reflected by the fluctuations in the market shares in different markets as well as the increase and fluctuations of fruit rejection rates in some lucrative markets such as America. A combination of challenging national environmental forces and stringent demand conditions negatively impact on revenues especially from markets characterised by price competitiveness. This study identified cost of production, foreign market support systems, adaptability, worker skills, challenges of management in an international environment and government policies such as labour and trade policies as some of the most influential obstacles to competitiveness. Some of the most competiveness-enhancing factors were market availability, market size, market information, market growth and the availability of research institutions. However, compliance with private standards still poses a challenge to the exporters. The different performance levels of the industry in various markets prove the dissimilarity of the demand conditions in the global market. These are supported by the negative influence associated with the foreign market support regimes as well as the challenges associated with compliance with private food safety standards. While market availability, market growth, market information and size were identified as enhancing competitiveness, the fluctuations and inconsistencies in the competitiveness of the industry in different foreign markets require more than finding markets. Resource allocation by both the government and the industry may need to take into account the off-setting of the national challenges and support of farmers faced with distorted and unfair international playing fields. Otherwise, market availability is not a challenge for the industry save meeting the specifications therewith as well as price competitiveness which is unattainable for the South African citrus producers faced with high production costs. For the purposes of further study, it is recommended that account should be taken of all the products marketed by the industry (including processed products such as fruit juices) in order to have a whole picture of the competitiveness of the industry in the international market. This study also proffers a new theoretical framework for the analysis of the business environment for the citrus industry and other agro-businesses. This framework takes into account the indispensability of the food safety standards and measures as well as the diversity of the global consumer and the non-negotiability of food trade for the sustenance of the growing population.
The role of property rights to land and water resources in smallholder development: the case of Kat River Valley
(University of Fort Hare, 2009) Rantlo, Montoeli; Fraser, G C C
Property rights are social institutions that define and delimit the range of privileges granted to individuals of specific resources, such as land and water. They are the authority to determine different forms of control over resources thus determining the use, benefits and costs resulting from resource use. That is, they clearly specify who can use the resources, who can capture the benefits from the resources, and who should incur costs of any socially harmful impact resulting from the use of a resource. In order to be efficient property rights must be clearly defined by the administering institution whether formal or informal and must be accepted, understood and respected by all the involved individuals and should be enforceable. These institutions influence the behaviour of individuals hence the impact on economic performance and development. The thesis has attempted to determine how the situation of property rights to land and water affects the development of smallholders in the Kat River Valley. Data was collected from 96 households who were selected using random sampling. To capture data, a questionnaire was administered through face-to-face interviews. Institutional analysis and ANOVA were used for descriptive analysis to describe the property rights situation, security of property rights and the impact of property rights on the development of smallholder farming. The results show that individual land rights holders have secure rights to land and water resources while communal smallholders and farmers on the invaded state land have insecure rights to land and water resources. The results from institutional analysis show that the situation of property rights negatively affects development of all smallholder farmers in the Kat River Valley. There are various institutional factors that negatively affect development of smallholder farmers in the Kat River Valley. Based on the research findings, some policy recommendations are made. These include consideration of the local context and strengthening of the protection of property rights.
A socio-economic impact assessment (SEIA) of the best management practices (BMP) project of the Zanyokwe irrigation scheme at farm level
(University of Fort Hare, 2009) Tshuma, Mengezi Chancellor; Monde, N
The main aim of this study was to assess the impact of the Best Management Practices (BMP) project on social and economic wellbeing at Zanyokwe Irrigation Scheme (ZIS) in central Eastern Cape Province. The BMP project is a knowledge-based initiative aimed at introducing management practices (mainly soft skills) in order to improve production and livelihoods in the study area. The study employed a survey to collect socio-economic data amongst farming households. The 2005 situation analysis, which was conducted amongst the same respondents before the introduction of the new practices allowed for comparisons in order to track changes or impacts after the implementation of the project. Also, the social and economic impact assessment (SEIA) framework was used to assess the impacts. The results of the impact assessment showed the BMP project to have an impact on social and economic well being of households. The skills introduced were in the areas of water management, agronomic practices, marketing and institutional arrangements. More than 90% indicated that there was improvement in agronomic practices and water management and 68% in marketing. More than half of farmers worked in their farms on a daily basis, which is a big change as none of the farmers worked during weekends in 2005. The average time spent on the farms also increased from four (in 2005) to seven hours (this investigation) on average per day. The BMP project also had a positive impact on social relationships and networks between farmers and the BMP project team as well as well as farmers and non-farmers. Land use intensity improved due to increases in acreage of main crops as well as cultivating at both seasons. More than 40% of farmers cropped their land at both seasons (winter and summer). In 2005, most of the land was fallow in winter. While some of the new practices introduced had a negative impact on input expenditures, the returns were positive. These extra efforts and expenditures resulted in improvement in incomes. Agricultural contribution to household income increased from 71% in 2005 to 81% in 2007. The increase in household incomes had a positive effect on poverty and food security status of households. The proportion of households earning incomes that are below poverty line dropped from 61% in 2005 to 38% in 2007. Changes in the diet of the households were noticed. In addition to the consumption of staples such as samp, maize meal and rice, people added a variety of vegetables. Own production was the main source of these vegetables as was indicated by 66% of respondents compared to only 25% in 2005. Food remained the main expenditure category though, as was the case in 2005. Improvements in marketing such as performing extra marketing functions and adopting a marketing strategy (collective action) also led to improvements in economic wellbeing.

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