Thesis--LLM--University of Pretoria, 2005. / Includes bibliographical references. Available on the Internet via the World Wide Web.

The current democratization developments and the need to adequately protect freedom of expression and media freedom in Africa have ushered in significant constitutional and legislative changes in the continent. As such, the adoption of the African Charter on Human and Peoples' Rights constitutes significant machinery for entrenching the liberty of the individuals and a trend in the fight against human rights violations, but how effective are these changes, at the regional and local levels? This thesis critically analyses these developments with a view to finding new constitutional and legislative provisions that facilitate freedom of expression and media freedom within the context of Article 9 of the Africa Charter. While tracing the history of human rights in Africa, the thesis articulates the importance of freedom of expression and consensus democracy in Africa's political and cultural traditions, the early socio-political and ideological history, and its colonial past. Furthermore, the thesis highlights Africa's entrenched political and cultural traditions that promote human rights in general and freedom of expression in particular, although some African communitarian principles might be considered anachronistic and anti-democratic. This research is concerned about the impact of African governments' criminal penalties for defamatory statements and policies restricting the legitimate exercise of the right to freedom of expression. These coercive measures in light of the intolerant culture in African politics are often used to deprive citizens and the media their right to freedom of expression and valuable information which merited legitimate public concern. While we acknowledge that media activities and freedom of expression may be restricted in order to protect reputation, private life, public order, public health, public morality, public safety and national security, as enshrined in Article 27 (2) of the African Charter, the thesis is, however, concerned at the broad reach of several of the restrictive measures that have been enacted by arbitrary governments in which there is a very limited basis of public debate or competitive politics to buttress the freedom of the media. On the attainment of political independence, most of the African states adopted constitutions enshrining bills of rights justiciable by the courts. Despite these bills of rights, many of the African states have been guilty of gargantuan crimes and human rights violations. Despite the ratification of international and regional instruments dealing with the right to freedom of expression and information, African political leaders continue to misapply and misinterpret Article 9 (2) of the ACHPR because of its vagueness and continue to rely on criminal defamation statutes and the like to suppress critical and dissenting views. These broadly phrased prohibitions encouraged by the poor drafting of Article 9 (2) of the Charter, criminalise the legitimate exercise of freedom of expression and have a real “chilling effect” on debate on matters of public interest. The main conclusion of the thesis is that while most recent African constitutional developments offer promises of free expression and democratic accountability, there are persistent problems that need to be addressed as part of the overall democratization process. For example, there is the need to abrogate anachronistic criminal defamation statutes and insult laws in many African countries, put an end to the use of extralegal and coercive measures in the state's relation with the media, as well as a need for opposition political parties' contribution in parliament without government interference. Judicial independence, awareness of international standards on freedom of expression and information, equitable access to government media, journalistic morality and professionalism are other problems highlighted in the thesis.

Thesis (Ph.D.)--University of Iowa, 2009. / Thesis supervisors: Liz Hollingworth, Larry D. Bartlett. Includes bibliographical references (leaves 238-244).

Thesis (Ph.D.)--University of Iowa, 2009. / Includes bibliographical references (leaves 238-244). Also available online

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No abstract available / Dissertation (LLM)--University of Pretoria, 2014. / lmchunu2014 / Private Law / unrestricted

Coercion and repressive legislation are widely recognised measures employed by hybrid regimes as a way of stifling the media. This thesis illustrates the long shadow cast by these measures by examining the impact of transgressions on self-censorship among Ugandan journalists, and how these are weighed against their notion of professionalism. Self- censorship is experienced as an unwanted, but vital practice that moves in tandem with the level of political tension, being an extraordinary rather than general measure. The study was conducted in the summer of 2016, founded by a Minor Field Study scholarship from the Swedish International Development Cooperation Agency (SIDA).

This qualitative case study explored the development and exercise of voice at City Workshop, an anarchist-inspired alternative school for middle and high school students. Drawing from the dialogic tradition, I defined student voice as the complex and varied ways students express understanding, make themselves heard, and exercise agency over their educational experiences. In this study, I sought to move beyond traditional approaches to student voice that frame its meaning in instrumental terms and focus instead on its ontological and political dimensions. Through individual and focus group interviews, participant observations, document analysis, and a grounded theory approach to data analysis, I examined how students at City Workshop exercise their voices and how the educational practices of the school empower student voice. This study’s findings revealed the scope and power of student voice extended far beyond its practical effects. As demonstrated through the study, student voice was embodied in things students said, things they did not say, patterns of listening and dialogue, and even the environment itself. Relatedly, I learned student voice is empowered through dialogic governance and relational pedagogy, practices that invite students to play more meaningful roles as both individuals, learners, and community members. I also found City Workshop empowered voice by encouraging students to engage with issues of equity, power, and justice across a wide variety of settings and contexts, while dismantling barriers that restrict participation and engagement. Finally, the significance of this study lies in the attention it draws to the viability of experimental, dialogic approaches to schooling rooted in anarchist-inspired traditions and committed to broader educational transformation.