Theses and Dissertations
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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.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due to a number of factors chief among them being the exclusion of socio-economic rights as justiciable under the now repealed Lancaster House Constitution (LHC).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 Preventing regulatory abuse for protectionist ends: an assessment of the Word Trade Organisation's agreement on technical barriers to trade from a developing country's perspective(University of Fort Hare, 2015) Nkomo, ThabangThe reduction of tariffs and quotas has shifted the attention of the international trading community to less noticeable trade barriers. Technical barriers to trade {TBT) measures have significantly been used to protect domestic markets. Although TBT measures were designed for legitimate regulatory purposes, they swiftly became protectionist tools. The TBT issue was brought unto the GA TT agenda during the Tokyo Round of multilateral trade negotiations. The concern was that TBT measures could undermine the market access benefits gained from the tariffs and quota reductions. The Agreement on Technical Barriers to Trade {TBT Agreement) was adopted by the World Trade Organization {WTO) to prevent the use of TBT measures for protectionist ends. Accordingly, the principal objective of the Agreement is to prevent the use of domestic technical regulations as unjustified technical barriers to trade.Item The Right to Open Justice: A Study of South Africa and Zimbabwe.(University of Fort Hare, 2016-11) Chihombori, AntonattaThe right to open justice is an indispensable facet of an open democracy premised on the rule of law. This venerable principle is derived from a cluster of rights · such as freedom of expression, access to information and access to courts. One of the numerous benefits of an open justice system is that it enhances accountability and the rule of law by facilitating the exposure of corruption, maladministration and other illicit activities by government officials. Open justice also enables the public to evaluate the quality of justice rendered by the courts through the open court principle which enables the public to have unfettered access to the courts except in exceptional circumstances. Due to its importance, the open justice principle is deeply entrenched in both Western and African civilization.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 The Interpretation Problems Surrounding GATT Article XXIV and their Implications for Multilateralism in the WTO System(University of Fort hare, 2009-12) Modiro-Marata,MphoThe proliferation of Regional Trade Agreements (RT As) has attracted a lot of attention in contemporary discussions of multilateral trade regulation. There were widespread attempts at regional trade agreements in the early 1920's but it is the current spate of RT As that continues to cause a lot of controversy among trade policy makers and analysts alike. There are compelling socio-economic and _political factors that make RTAs attractive tools for further liberalization of trade. Likewise, it can not be denied that the same presents the world trading system with challenges which if not managed could divide world trade as was experienced in the 1930's.Item The Interpretation Problems Surrounding GATT Article XXIV and their Implications for Multilateralism in the WTO System(University of Fort Hare, 2009-12) Modiro-Marata, MphoItem The status of refugees and asylum in South Africa with reference to the implementation of the South African Refugees Act , No 130 OF 1998(University of Fort Hare, 2010-01) Mashiri,JesleneThis is an exploratory study on the implementation of the South African Refugees Act, No 130 of 1998 and the role played by service providers in the implementation process. The study was conducted at East London town in the Eastern Cape. Since this is a qualitative study, in-depth interviews were conducted on a sample of ten refugees/asylum seekers from Zimbabwe, Kenya, Ethiopia, Somalia and Ghana.Item Xenophobia in South Africa: A Socio-legal Analysis(University of Fort Hare, 2011-02) Sibanda, SamukeliseThe ways in which xenophobia continues to express itself in South Africa deserve to be noted at an advanced study. Over the past 15 years the expressions of xenophobia have been accompanied by increased deaths, more discrimination, increase of stereotyping of people of African descent and increased violence towards non-nationals especially in the poorer parts of South Africa. Many of such xenophobic expressions have gone unnoticed and where they have been noticed, they have received little attention, leading to the exacerbation of the problem.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 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 Internally Displaced Persons and the Right to . ' Adequate Housing: An Appraisal of Operation Murambatsvina in Zimbabwe(University of Fort Hare, 2008-04-22) Zivania, RodgersThis dissertation examines the situation of internally displaced persons (IDPs) in terms of international law, with the right to adequate housing as the main concern. The issue of internal displacement is very topical at present, as there are over 25 million IDPs in the world today and the number is not decreasing, quite on the contrary. First and foremost, the definition of IDPs is under examination. I DPs and refugees seem to be two fairly similar categories of persons who need protection; therefore the issue of eventual similarities and differences between these two groups will be studied.Item International Trade Regulation and Environmental Governance in the WTO and the NAFT A: Selected Thematic Lessons for SADC in Transition(University of Fort Hare, 2005-12-13) Ndlovu, LoniasThis study focuses on the theme of international trade regulation and environmental governance in the context of the WTO and the NAFT A with a view of extracting possible thematic lessons for SADC in transition. The theme is pursued through an examination of the trade and environment debate in its proper theoretical and historical context together with an examination of the trade and environment jurisprudence in the WTO and the NAFTA. From the case law analysed and critiqued, possible thematic lessons for SADC in transition are extracted.Item Labour Dispute Resolution by Bargaining Councils and the Commission for Conciliation, Mediation and Arbitration: A Legal Analysis(University of Fort Hare, 2005) Lubisi-Nkoane, NombuleloBargaining councils are, together with the Commission for Conciliation, Mediation and Arbitration (CCMA), charged by the new Labour Relations Act 66 of 1995 (LRA) with the speedy resolution of collective and individual labour disputes. Although they perform a very important role, the labour dispute resolution function is under-researched in South Africa. In this regard, Jeremy Dephne1 has noted big gaps in information and understanding between the CCMA and its users.Item Internally Displaced Persons and the Right to . ' Adequate Housing: An Appraisal of Operation Murambatsvina in Zimbabwe(University of Fort Hare, 2008-04-22) Zivanai, RodgersThis dissertation examines the situation of internally displaced persons (IDPs) in terms of international law, with the right to adequate housing as the main concern. The issue of internal displacement is very topical at present, as there are over 25 million IDPs in the world today and the number is not decreasing, quite on the contrary. First and foremost, the definition of IDPs is under examination. I DPs and refugees seem to be two fairly similar categories of persons who need protection; therefore the issue of eventual similarities and differences between these two groups will be studiedItem International Trade Regulation and Environmental Governance in the WTO and the NAFT A: Selected Thematic Lessons for SADC in Transition(University of Fort Hare, 2005-12-13) Ndlovu, LoniasThis study focuses on the theme of international trade regulation and environmental governance in the context of the WTO and the NAFT A with a view of extracting possible thematic lessons for SADC in transition. The theme is pursued through an examination of the trade and environment debate in its proper theoretical and historical context together with an examination of the trade and environment jurisprudence in the WTO and the NAFTA. From the case law analysed and critiqued, possible thematic lessons for SADC in transition are extracted.Item Labour Dispute Resolution by Bargaining Councils and the Commissionfor Counciliation, Mediation and Arbitration: A Legal Analysis(University of Fort Hare, 2005) Lubisi-Nkoane, NombuleloBargaining councils are, together with the Commission for Conciliation, Mediation and Arbitration (CCMA), charged by the new Labour Relations Act 66 of 1995 (LRA) with the speedy resolution of collective and individual labour disputes. Although they perform a very important role, the labour dispute resolution function is under-researched in South Africa. In this regard, Jeremy Dephne1 has noted big gaps in information and understanding between the CCMA and its users.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 Rights of public servants in terms of the constitution: an examination of the right to political activity and freedom of expression of public servants as entrenched in the bill of rights(University of Fort Hare, 1997-01) Mdleleni, Henderson MandisileUnder the apartheid regime, a public servant was prohibited from, inter alia, disclosing official information, criticizing government policy or joining a political party. With the ushering in of constitutional democracy based on an enshrined Bill of Rights for everybody, the question which arises - which question is engaged in the opening chapter - is whether indeed, bureaucrats should not be accorded equal rights to political activity and freedom of expression as enjoyed by other personsItem The Regulation of Insider Trading in South Africa: A Roadmap For an Effective, Competitive and Adequate Regulatory Statutory Framework(University of Fort Hare, 2008-01) Chitimira, HowardInsider 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 secure 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.