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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.
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.
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 Ann
This 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 Foundation
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.
Discrimination against women under customary law in South Africa with reference to inheritance and succession
(University of Fort Hare,Faculty of Law, 2012) Mashalaba, Siyabulela Welcome
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 S
In 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 rights
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.
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, Patrick
An agreement on the inclusion of a social clause in the World Trade OrganizationΓÇƒs (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.
Factors that conduce towards domestic violence against rural women a case study of Sisonke District Municipality KwaZulu Natal
(University of Fort Hare,Faculty of Law, 2012) Nyathi, Noluvo Annagratia
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. S
In 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.
Human rights implications of the compulsory HIV/AIDS testing policy: a critical appraisal of the law and practice in South Africa, Uganda and Canada
(University of Fort Hare, 2013) Chiringa, Kudakwashe E M; Rembe, Nasila Selani
HIV/AIDS has been an obstacle to socio-economic development and a major cause of loss of human life. It has also caused vast inequities and frustration to the public health sector. One of the significant efforts made by the public health sector to combat the epidemic is the implementation of a mandatory HIV/AIDS testing policy to scale-up HIV treatment. This dissertation examines the impact of this policy on the human rights of people infected with and affected by HIV/AIDS. Coercive government policies aimed at controlling the AIDS pandemic often infringe on the rights of individuals known to be or suspected of living with HIV/AIDS and this decreases the effectiveness of public health measures. The research methodology involved the study of written literature and a comparative literature study of the law and practice obtaining in South Africa, Uganda and Canada. It revealed that voluntary testing is effective and suitable in South Africa. This dissertation aimed to show that any public health approach that aims to achieve a comprehensive prevention strategy must be consistent with respect for human rights as enshrined in regional and international human rights law. Public health and human rights should, therefore, not be regarded as opposing forces; rather they should be seen as a unified system of protection of human welfare under the Bill of Rights and the Constitution. The solution to the crisis lies not only in testing every single person but also requires a shift of focus to more pressing issues that include gender equality, stigma and discrimination; prioritizing human rights, institutional capacity and resources; and an end to extreme poverty. A human rights-based approach to HIV/AIDS testing, such as the Voluntary Counselling and Testing (VCT) is recommended. Therefore, failure to adhere to the core principles of testing - which are informed consent, counselling and confidentiality of the test result - will only hinder the global fight against HIV/AIDS. The rights of those affected by HIV/AIDS need to be protected in order to address public health imperatives. This can be done through the use of the law as an instrument of social change as well as education and awareness. Key words, HIV/AIDS, mandatory testing, Voluntary Counselling and Testing, public health, human rights-based approach.
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.
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.
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.
Investigation into the implementation of the childrens act no 38 of 2005 in mainstream schools in the Fort Beaufort education district
(University of Fort Hare, 2012) Mankazana, Sobantu Vincent; Rembe, Nasila S
In this study the focus is on the implementation of the Children's Act in mainstream schools. The Children's Act mandates that all children who are in need of care both in school and out of school should be taken care of and be protected. However, they are often not afforded the full opportunity to enjoy the benefits of this Act. This is due to various factors that hinder the process of its implementation in mainstream schools. The main emphasis of this study is on the factors that hinder the implementation of the Children's Act. The aim of the Children's Act is to look after and provide services and support to children in need of care and protection. In order to provide such services and support to children, one needs to first identify such learners in need of care and their needs. Having done this, the support needed can be assessed and provided. This process is not easily achieved in mainstream schools. This study seeks to determine the factors that discourage the implementation process of the Children's Act in mainstream schools. Data collection for this study included face to face interviews with teachers who are principals of schools and Life Orientation teachers, a social workers and school nurse. The data was used to analyze and interpret the challenges that hinder the implementation of the Children's Act in mainstream schools. Among others, the study found that there is a lack of collaboration among stakeholders and coordination of service delivery. Poor parental involvement and commitment to parent involvement programmes was also evident. However, to a limited degree, there is interaction between the schools and relevant government departments. The study recommends that multidisciplinary teams should be formed whereby scarce resources can be shared. Various professionals should have the opportunity to come together toshare ideas and information. In order to encourage identification of learners in need of care, it is recommended that, the peer groups or peer educators be established and awareness campaign be conducted in schools. The study also recommends that developmental assessment programmes be conducted. Developmental assessment programmes will help gather information directly from learners or from an appropriate adult in the child's life. They provide frameworks which can be used as guides for eliciting and analysing information.
Legal status and protection of animals in South Africa
(University of Fort Hare, 2012) Hartwig, Wendy; Wanda, B P,Mahler Coetzee, J D
The animal welfare legislation that is discussed in this Dissertation is just a sample of the available legislation from the chosen foreign jurisdictions and South Africa. The chosen foreign jurisdictions were chosen as a lens to gain a needed perspective on South African animal welfare legislation. The legislation chosen for discussion falls within particular categories that are discussed fully in the later chapters.i Despite the fact that the animal rights and animal welfare movements are recorded to date back as far as 500B.C, the majority of jurisdictions throughout the world still consider animals to be property that can be bought, traded, hunted and after they are killed, their remains kept as trophies or souvenirs. Within these jurisdictions (which includes South Africa and the other four chosen foreign jurisdictions – Kenya, India, Switzerland and the United States of America) there is a demonstrated lack of proper enforcement of the animal welfare/animal anti-cruelty legislation, regulations and industry rules, which is made worse by the actions of uncaring, abusive and/or ignorant people. South Africa is no better or worse to the four chosen jurisdictions in that it has similar anti-cruelty/animal welfare legislation. The lack of proper enforcement of this animal welfare legislation in South Africa should be of great concern as many studies have indicated that there is a link between animal abuse/cruelty and ΓÇÿhuman' abuse. The same studies also indicate that animal abusers are at a greater risk of becoming violent criminals or of committing a violent crime. For example, the Federal Bureau of Investigation has noted that most serial killers in the USA had a history of torturing, abusing and killing animals before they moved on to torturing, abusing and/or killing humans in their adult life. Needed changes to the animal welfare legislation and how people view animals should be made in South Africa to ensure that welfare of animals is protected. For example, the Government could educate people about animal welfare in order to overcome any ignorance that may be the cause of animal pain and abuse, as well as strengthening existing animal welfare legislation. The eradication of ignorance, as well as a necessary change in the current animal welfare legislation, will help to create a real change in how people view and treat i Chapter 5 and 6. [iii] animals. People will come to realise that animals exist in their own right and that they were not created to serve or to be exploited by man.
Legislating business rescue in South Africa: a critical evaluation
(University of Fort Hare, 2014) Darko-Mamphey, Dorothy; Osode, P C
Social, political and economic changes in post-apartheid South Africa have generated the need for a major reform of the legislative regime governing companies in order to ensure that that regime is capable of addressing the challenges faced in domestic and international circles, and to also meet the demands of globalisation. 1 These developments include the change in culture from company liquidations to commercial renewal which caused the Department of Trade and Industry (DTI) to embark on drastic reforms of South Africa's business rescue mechanism as part of the broader company law reform project. 2 The domestic and global environments have indeed changed drastically with corporate structures showing significant evolution.
Modern slavery and worst forms of child labour in South Africa: case of the former homeland areas
(University of Fort Hare, 2014) Obi, A; Rembe, N S
Despite a progressive constitution lauded as one of the best and most forward-looking in the world, with an advanced Bill of Rights, instances of human rights violations have been detected at all levels of the South African society. The most disturbing revelations have been associated with situations in many farming communities in South Africa. On the basis of a comprehensive nationwide study initiated in June 2001 and documented in 2003, the South African Human Rights Commission (SAHRC) confirmed widespread human rights violations on South African farms. Through the efforts of the South African Human Rights Commission, many of these violations have been brought to the attention of the authorities and there are already numerous actions being taken to contain and possibly eliminate them. Among these is the Child Labour Programme of Action which was adopted in 2003 by the large number of government departments that constitute the stakeholders, particularly those that have responsibility for labour, education, provincial and local government, water services, justice, policing, prosecution, and social development. However, the SAHRC study had limited coverage due to constraints of time and funding and did not pay adequate attention to the former independent homelands. In addition to this significant shortcoming, recent international experience reveals other forms of violations that may not be immediately obvious and therefore go undetected for a very long time. Among these, the International Labour Organization (ILO), together with various non-Governmental Organizations (NGOs) and other bodies have drawn attention to existence of what are termed ΓÇ£worst forms of child labour". The latter involves a wide range of abuses to which under-age individuals are subjected against their will and often exposed to hazards that may leave them permanently excluded from formal educational and economic opportunities. The fact that national definitions differ complicates the situation. As a result, systematic investigation is needed to see to what extent local practices compare with international norms and standards. Similarly, the fact that the former independent homelands were not adequately covered in such an important study that aimed to inform policy on the optimal direction of the transformation process also raises serious questions that must be addressed. This mini-dissertation documents evidence based on a rapid appraisal of farm and non-farm environments in two polar regions of the province, namely the Port St John's Municipality in the Oliver Tambo District Municipality of the former Transkei homeland and Alice in the Nkonkobe Municipality of the former Ciskei homeland. Descriptive and content analysis methodologies were employed to analyze the data obtained from interviews of employers of labour, the labourers themselves, as well as community members and ΓÇ£bystanders" who had opinions about the insertion of children into the labour market. Correlational analysis and logistic regression were performed to draw inferences about the determinants of child labour in the farming system. The indication is that child labour is an established phenomenon whose discussion is however quite sensitive and elicits a wide range of emotions. The role of socioeconomic factors in influencing the decision to engage child labour seems to be quite extensive. For instance, monthly income of household has important practical implications for national and global policy on the use of child labour are foreseen and form the basis for the recommendations put forward to address the associated concerns.
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.

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