Faculty of Law
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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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Item 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 SThe 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.Item A Critical Analysis of the Regulation of Unit Trusts in South Africa(University of Fort Hare, 2004-09-30) Makukunzva, BobThe regulation of unit trusts as an example of the regulation of all financial investments in general is a fast changing and dynamic field of law, which is constantly evolving in order to keep pace with changes in the industry it regulates. It is apparent that the entire world's capital markets are grossly affected by fraud and misconducts that pose a challenge to the regulator to implement strict and counteractive legislative measures aimed at weeding out any potential misconduct.Item Abortion legislation and the right to life: resolving the predicament and fundamental human rights values(University of Fort Hare, 2009-12) Mbayiwa, NokuthulaAbortion legislation in South Africa takes a casual and very indifferent approach to human life. This is a direct violation of international standards upon which South African legislation is based. The fundamental purpose of law is to preserve and better human life, in an effort to prevent the recurrence of various ills and crimes that society has witnessed. The urgency in the protection of humanity comes from the knowledge of the ability of humanity to self-destruct and the ultimate desire to maintain global peace. Abortion legislation is divorced from the original purpose of law to preserve and protect human life in all its developmental stages.Item An Appraisal of the Right to Education in Semi-Rural Post Apartheid South Africa:A Case study of Three Schools in Amathole District(University of Fort Hare, 2007-12-04) Machenjedze, NyikaThis study is an appraisal of the right to education in semi-rural areas of post apartheid South Africa. The objective was to find out the extent to which the right to education is realized and in this regard, factors that hinder access and those that exclude children from school. It was carried out as a descriptive, qualitative research and a case study design was utilized. Data was collected through focus group interviews. There were three categories of focus groups which were interviewed, namely, learners; teachers and principals and school drop outs.Item An assessment of the domestic framework for protecting socio-economic rights under the Constitution of Zimbabwe of 2013(University of Fort Hare, 2014-12) Ndhlovu, NtandokayiseSocio-economic inequality is deep-rooted in Zimbabwe due to a number of factors chief among them being the exclusion of socio-economic rights as justiciable under the now repealed Lancaster House Constitution (LHC). A plethora of excessive bureaucratic actions in a number of instances left many stranded without the recourse to the law particularly protection by the Constitution. To correct this · historic anomaly, the 2013 Constitution was enacted. Significantly, the 2013 Constitution protects both civil and political rights and socioeconomic rights in the same -manner as justiciable rights. This provides the highest degree of interdependence and interrelatedness of all rights in the domestic legal order. In order to ensure that socio-economic rights are effectively protected and enforced, this study. Identifies and discusses the framework for protecting socio-economic rights under the 2013 Constitution. Firstly, it identifies the specific rights protected under the Constitution and the obligations imposed by these rights. Secondly, the study discusses the role of the courts in the protection of socio-economic rights.Item An investigation of illegal farm evictions in the Great Kei Local Municipality(University of Fort Hare, 2008) Sonjica, Kholekile TempletonThis 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.Item An analysis of the concept of ‘self-determination’ in international law: the case of South Sudan(University of Fort Hare, 2015) Zimuto, Prince CharlesThis research intends to investigate the scope and applicability of the concept of ‘self-determination’ outside the context of decolonisation using South Sudan as a case study. Demands for the exercise of the right to self-determination are widespread. These are vehemently resisted by states who view the concept of ‘self-determination’ as a potential source of territorial disintegration. International instruments which provide for the right to self-determination also discourage the impairment of the territorial integrity of states in the name of self-determination. The problem faced in international law is therefore how to balance the right to self-determination with the principle of territorial integrity. The study reveals that the general understanding is that outside the context of decolonisation the right to self-determination may be exercised within the territorial boundaries of a state without compromising the territorial integrity of a state. The internal exercise of the right to self-determination entails human rights protection, participation in the political affairs of the state and autonomy arrangements. This general understanding is however problematic where a state systemically violates the rights of its people and denies them political participation in the affairs of the state. The people of South Sudan found themselves in such a situation from the time when Sudan gained independence from British colonial rule. Despite a number of negotiations with the government of Sudan, the people of South Sudan continued to be marginalised and their rights violated with impunity. They then demanded to exercise their right to self-determination externally and eventually they seceded from Sudan through the framework created by the Comprehensive Peace Agreement of 2005. In the light of the secession of South Sudan from Sudan this study proposes a remedial self-determination approach to the understanding of post-colonial self-determination. In terms of this approach when people are denied the right to exercise their right to self-determination internally, or their rights are deliberately and systemically violated, they may exercise their right to self-determination externally and secede.Item An assessment of the domestic framework for protecting socio-economic rights under the constitution of Zimbabwe of 2013(University of Fort Hare, 2014) Ndhlovu, NtandokayiseSocio-economic inequality is deep-rooted in Zimbabwe due to a number of factors chief among them being the exclusion of socio-economic rights as justiciable under the now repealed Lancaster House Constitution (LHC). A plethora of excessive bureaucratic actions in a number of instances left many stranded without the recourse to the law particularly protection by the Constitution. To correct this historic anomaly, the 2013 Constitution was enacted. Significantly, the 2013 Constitution protects both civil and political rights and socio-economic rights in the same manner as justiciable rights. This provides the highest degree of interdependence and interrelatedness of all rights in the domestic legal order. In order to ensure that socio-economic rights are effectively protected and enforced, this study identifies and discusses the framework for protecting socio-economic rights under the 2013 Constitution. Firstly, it identifies the specific rights protected under the Constitution and the obligations imposed by these rights. Secondly, the study discusses the role of the courts in the protection of socio-economic rights. The study further identifies some of the major conceptual and practical challenges that are likely to arise in the adjudication of socio-economic rights. In that regard, the study attempts to come up with solutions meant to overcome the conceptual and practical challenges that are faced in the enforcement of socio-economic rights. For example, instead of adopting a purely legal-centric approach in interpreting socio-economic rights, it is suggested that courts should adopt a multidisciplinary approach taking into account founding values, historical background, political background, international human rights law norms and comparative law. Furthermore, this study argues that strictly adopting either of the two models of review namely the reasonableness approach as adopted by South African courts or minimum core approach as expounded by the United Nations Committee on Economic Social and Cultural Rights (CESCR) will inhibit the proper enforcement of the protected rights. Instead, courts should consider adopting an integrated model that includes the two named approaches to ensure that socio-economic rights are effectively protected and realised.Item Constitutional damages for the infringement of a social assistance right in South Africa are monetary damages in the form of interest a just and equitable remedy for breach of a social assistance right(University of Fort Hare, 2011) Batchelor, Bronwyn Le AnnThis dissertation will explore the revolutionary progression in the provision of monetary damages and the availability thereof due to the change in South Africa's legal system from Parliamentary sovereignty to Constitutional supremacy after the enactment of the final Constitution in 19961. The Constitution of South Africa brought with it the concepts of justification and accountability as the Bill of Rights enshrines fundamental rights and the remedies for the infringement of same. The available remedies for the infringement of a fundamental right flow from two sources, being either from the development of the common law remedies in line with the Bill of Rights or alternatively from Section 38 of the Constitution, which provides for a remedy which provides ΓÇÿappropriate' relief. The question that will be raised in this dissertation is, ΓÇÿdoes appropriate relief include an award of delictual damages?' or a question related thereto ΓÇÿis an award of monetary damages an appropriate remedy?' The motivation for this dissertation arises from the plethora of case law, especially in the Eastern Cape, that has come to the fore in the last sixteen years, highlighting the injustice of cancellations of social assistance grants and the non-payment of such in South Africa's social security system, as well as the precedent that was set by our Constitutional Court and Supreme Court in remedying that injustice. The central case to this dissertation is that of Kate v Member of Executive Council for Department of Welfare, Eastern Cape 2005 1 SA 141 SECLD; Member of Executive Council, Department of Welfare, Eastern Cape v Kate 2006 (4) SA 478 (SCA), which is generally regarded as having paved the way for the granting of monetary damages for the infringement of an individual's constitutional right as same require legal protection. Firstly the past approach to damages will be explored in relation to South Africa's common law, being the Roman-Dutch law. The common law Aquilian action is the focal point of this dissertation in relation to the common law in that the granting of damages for the infringement of an individual's social assistance right (being a specific constitutional right framed within the 1996 Constitution) results in pure patrimonial loss which in our common law system was remedied by the actio legis Aquilae. In delict, an award of damages is the primary remedy, aimed at affording compensation in respect of the legal right or interest infringed. After the common law system of damages has been explored, this dissertation will then examine the changes that have developed therefrom, and largely shaped by the current state of disorganization in the National Department of Welfare coupled with the all encompassing power of the final Constitution. The final Constitution provides the power, in section 38 of the 1996 Constitution, for the court to award a monetary remedy for the breach of a constitutional right. The question, however, is ΓÇ£does the award of monetary damages not merely throw money at the problem, whereas the purpose of a constitutional remedy is to vindicate guaranteed rights and prevent or deter future violations?" The battle for domination between the common law approach and the constitutional approach to damages is witnessed as the two systems eventually amalgamate to form an essentially new remedy, unique to South Africa. South Africa's new system is aligned with the Constitution as the Constitution is the supreme law of the land and underpins the awarding of all damages and, especially, the awarding of constitutional damages. For the sake of completeness, alternatives to monetary damages will also be canvassed in this dissertation. It is hoped that the reader will, in the end, realize that the final Constitution is the supreme law of the land and as such dictates the manner and form in which damages are provided. If such provision is not in alignment with the Constitution, it will be declared invalid. The flexibility of our common law is put to the test, yet it is found to be adaptable to the ever-developing boni mores of society exemplified in the embracing constitutional principles and the production of this new remedy. The courts develop the common law under section 39(2) of the Constitution in order to keep the common law in step with the evolution of our society and the ever changing nature of bonos mores.,National Research FoundationItem 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 AlbertThe 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.Item Discrimination against women under customary law in South Africa with reference to inheritance and succession(University of Fort Hare, 2012) Mashalaba, Siyabulela Welcome; Rembe, N SIn South Africa, it is evident that women are uniformed of their essential human rights, especially their inheritance and succession rights, including protection of such rights. Human rights are international norms that protect individuals everywhere from the states' political, legal and social abuse. Human rights are entitlements which human beings have in order to enhance their human condition. They are the fundamental entitlements or minimum standards to be met for individual so that they live with dignity. This study focused on discrimination of women under customary law in South Africa with reference to inheritance and succession. The study validated the findings of other researchers on the impact of cultural practices on women's rights to inheritance and succession. In addition the findings revealed that efforts t eliminate traditional practices, should foremost come from men and from communities that hold such destructive attitudes towards women. The outcomes and recommendations of this study would assist the government and other institutions to adopt effective measures to empower women and especially educate them so that they can assert and defend their human rightsItem Dumping, antidumping and the future prospects for fair international trade(University of Fort Hare, 2008) Zvidza, TinevimboMore 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.Item The efficacy of the United Nations in conflict resolution: a study of the response of the security council to the Darfur conflict in the Sudan(University of Fort Hare, 2012) Tambe, Endoh FabriceAfter the First and Second World War, violent interstate and intrastate armed conflicts have befallen the global community. These conflicts have been accompanied by gross human rights violations and absolute disrespect for international humanitarian law. They also pose major threats to international and regional peace and security. The body charged with the responsibility of maintaining international peace and security is the United Nations. This study investigates the efficacy of the United Nations in conflict resolution and it sampled Darfur in the Sudan as a case study. Relevant literature was analysed by secondary method to determine the strength and weaknesses of the United Nations Security Council. The reviewed literature gave two different conclusions on the question of whether or not genocide occurred in Darfur. Former US Secretary of State Collin Powel and the US State Department are of the opinion that genocide did occur in Darfur. Their determination however was not in line with the report put forth by the International Commission of Inquiry in Darfur. The latter suggests that only war crimes and Crimes against Humanity were committed in Darfur and, as such, they do not meet the criteria of the crime of genocide as prescribed in Article 2 of the Genocide Convention. The UN Security Council in turn adopted resolution 1593 to refer the situation to the International Criminal Court for further clarifications. The current study however argued that the United Nations has not been and continues not to be effective in conflict resolution. Detailed analysis of literature shows that divisions within Security Council members have been a major hindrance to the smooth functioning of the Organization. The veto power bestowed upon the five permanent members of the Security Council has been an obstacle. The study suggests that the veto power should be shared among the 15 members of the Security Council or cease to exist. It also recommends that reparation as a form of compensation be provided to the victims of the Darfur conflict.Item Employment Equity Law and Women in the New South Africa(University of Fort Hare, 2005) Ntshingwa, QaqambaEquality is a fundamental right which is entrenched in the South African Constitution. However men and women must not just be equal but they must be seen to be equal in all sectors including the Labour Market. The study deals with discrimination against women in the workplace. Historically South Africa was known to be a patriarchal state because of its apartheid laws which promoted and condoned discriminated against women.Item The enforcement of the right of access to adequate housing in South Africa: a lesson for Lesotho(University of Fort Hare, 2013) Pule, Sesinyi EdwinSouth Africa is one of the countries with a very horrifying history. However, in the dawn of democratic governance, a worldly admirable constitution was brought into picture. The 1993 and 1996 South African Constitutions entrenched an elaborate Bill of Rights with provisions empowering courts to grant “appropriate relief and to make “just and equitable” orders. Happily, the Bill of Rights included justiciable and enforceable socio-economic rights. Amongst them, there is a right of access to adequate housing, for which this work is about. South Africa is viewed as a country with developed jurisprudence in the enforcement of socio-economic rights, hence it has been used as a lesson for Lesotho. Lesotho is still drowning in deep blue seas on enforcement of socio-economic rights either because the constitution itself hinders the progress thereon or because the parliament is unwilling to commit execute to the obligations found in the socio-economic rights filed. This work scrutinizes many jurisdictions and legal systems with a view to draw lively examples that may be followed by Lesotho courts towards enforcing housing rights. Indian and South African jurisprudences epitomize this notion.Item Enlarging the place of human rights and development in international trade regulation: an evaluation of the problems and prospects of incorporating a social clause in the legal framework of the World Trade Organization(University of Fort Hare, 2012) Warikandwa, Tapiwa Victor; Osode, PatrickAn agreement on the inclusion of a social clause in the World Trade OrganizationΓǃs (WTO) multilateral trade agreements largely depends on reassuring objecting member states that such inclusion will contribute to an improved recognition of core labour standards in trade, without altering the competitive advantage of one trading partner over another. Reassurance must be given to the effect that incorporating a social clause in the WTO legal framework would not be used as a trade restricting mechanism which might have direct, negative effects on the development of countries worldwide. Such an argument may not be won easily from a legal and economic perspective. There is an omnipresent conflict at the international level between the basic values underlying multilateral trade agreements and principles governing the protection of core labour standards. On the one hand, supporting the stance of free trade is the fundamental force of profit maximization while on the other hand, and in direct opposition to this market driven value system, are human rights-based calls for recognising core labour standards in employment matters related to trade. Increased international trade is a powerful tool for tackling poverty and social misery worldwide. It could thus be important to adopt a legal framework in the multilateral trade system to harness potential opportunities a trade-labour linkage could provide. In that case, the legal questions of whether or not there should be a tradeoff between the right to trade and compliance with core labour standards and whether a social clause in the WTO would achieve this purpose had to be addressed. However, without a compatible underpinning legal framework of universally accepted trade-labour standards, incorporating a social clause in the WTO would be a misplaced legal objective which is unachievable as it could lead to a conflict between the WTO and the International Labour Organisation (ILO) and at most could create a legal fiction whose results may not be positively measurable. Setting two international legal norms at conflict with each other is systematically studied as a conflict in which the values of the global market economy are in a supposed confrontation with those protecting core labour standards as human rights. Therefore, this study undertook a contemporary legal analysis of the possibilities and challenges of incorporating a social clause in the WTO for purposes of entrenching the protection of core labour standards. It put forward arguments and tentative proposals for a trade-labour linkage legal framework which could dispel calls for excluding a social clause in the WTO.Item Expanding access to essential medicines through the right to health: a case study of South Africa(University of Fort Hare, 2015) Motamakore, Shelton TapiwaLack of access to essential medicines has proven to be a persisting problem which is in conflict with the goal of realising the right to health envisaged by the South African constitution and international human rights instruments. With more than twenty years of democracy, South Africa is still plaguing with a multiplicity of pandemics such as HIV and AIDS, cancer, malaria, tuberculosis, among others, leading to premature death and untold suffering of the people. According to a 2015 United Nations AIDS (UNAIDS) Gap report, South Africa is still regarded as the epicentre of HIV and other infectious diseases. The 2015 UNAIDS Gap report states that South Africa has more women than men living with HIV and AIDS. The report further indicates that the impact of this pandemic is worsened by the inaccessibility of essential medicines that are vital for life saving. This dissertation posits that the epidemiological health crisis described above can be largely eradicated through the utilisation of the right to health. The right to health, according to this dissertation, contains a legal and transformative power which can be utilised to limit the negative impact of patent laws on access to essential medicines in South Africa. This dissertation validates the long held view that World Trade Organisation (WTO) intellectual property laws have contributed to the inaccessibility of essential medicines through causing patent ever greening, patent linkages and pharmaceutical company’s monopolies. Consequently, many marginalised groups in South Africa lack access to essential medicines owing to the higher prices charged for such medicines thus violating the right to health, life and other fundamental human rights. The right to health which is the immediate right infringed when there is lack of access to essential medicines form the core theme of this dissertation. This dissertation argues that access to essential medicine is a fundamental part of the right to health protected under international and national human rights instruments. This dissertation further argue that the right to health imposes obligations which requires South African government to take reasonable legislative and other measures, within its available resources, to provide access to essential medicines. The dissertation‘s key contribution is its proposed solutions on how to ensure that patents rules in South Africa are tamed with obligations consistent with the right to health. If properly implemented, these solutions have the potential to give greater specification to the normative commitments imposed by the right to health in the patent claims scenarios.Item Factors that conduce towards domestic violence against rural women a case study of Sisonke District Municipality KwaZulu Natal(University of Fort Hare, 2012) Nyathi, Noluvo Annagratia; Rembe, N. SIn all the Black communities, women's rights have always been taken for granted. Women have always been subordinate to the patriarchal system. The denial of domestic violence against rural women has its origin in the age long patriarchal society, deeply rooted in culture and tradition. The main aim of the patriarchal society is the control of women by men. The idea of protecting women abuse is not really new. It is a necessary component of long established and internationally recognized human rights. This includes the right to equality and freedom, liberty and personal security. The recognition could be traced to the adoption of the Universal Declaration of Human Rights of 1948 (UDHR). However, women's rights remain unrealized and are continuously violated despite the fact that these rights are well expressed in many international documents and national laws. The study examined the factors that conduce towards domestic violence against rural women in the Kwa Zulu Natal Province of South Africa. In this regard, the reasons why they support culture and traditional practices that are detrimental to their health were also explored. The small isolated area of Umzimkhulu was used. In-depth face to face interviews were employed to elicit information from the respondents and brief notes were written down to collect the data. The findings revealed that women are not aware of their human rights. This ignorance and negative attitude is influenced by the dependency of women to men, supremacy of the patriarchal system and the dominance of culture. Most disturbing is that these women don't seem to see anything wrong with the situation. It is evidently clear therefore that women empowerment, through education, will not only affect women's autonomy but will also increase their worth and make them understand the impact of traditional practices that they support. All these will have implications for policy and legislative interventions.Item How corruption negatively affects the realisation of socio economic rights in Zimbabwe with reference to the right to education and the right to food(University of Fort Hare, 2015) Malota, StevenThis study demonstrates how corruption is perceived as being endemic not only in Zimbabwe but in the whole world. A society free from corruption supports good governance, transparency, accountability and development. Zimbabwe is ranked as the second most corrupt country in Southern Africa by Transparency International (TI). Chapter Three of the Constitution of Zimbabwe of 2013 protects socio economic rights, which enable people to access certain basic needs in order to lead a dignified life. These include the right to education, access to healthcare, food, safe and clean water, and the right to a healthy environment among others. The realisation and enjoyment of these rights has been impeded by corruption. This study demonstrates how corruption in both the public and private sphere affects the realisation of socio economic rights with particular reference to the right to education and the right to food. The research is a desktop qualitative research mainly based on a review and analysis of existing literature both primary and secondary sources. The findings do demonstrate that corruption does negatively affect the right to education and the right to food. In the light of the findings the study then proffers recommendations on how the scourge of corruption can be curbed. The recommendations help to develop an accountability model for Zimbabwe. This model will assist in the achievement of transparency and development and ultimately combat corruption in Zimbabwe.Item How corruption negatively affects the realisation of socio economic rights in Zimbabwe with reference to the right to education and the right to food(University of Fort Hare, 2015-11) Malota, StevenThis study demonstrates how corruption is perceived as being endemic not only in Zimbabwe but in the whole world. A society free from corruption supports good governance, transparency, accountability and development. Zimbabwe is ranked as the second most corrupt country in Southern Africa by Transparency International (Tl). Chapter Three of the Constitution of Zimbabwe of 2013 protects socio economic rights, which enable people to access certain basic needs in order to lead a dignified life. These include the right to education, access to healthcare, food, safe and clean water, and the right to a healthy environment among others. The realisation and enjoyment of these rights has been impeded by corruption. This study demonstrates how corruption in both the public and private sphere affects the realisation of socio-economic rights with particular reference to the right to education and the right to food.