The work tackles the social challenge of energy poverty through a human rights lens. Specifically focusing on Zambia, the work analyses how access to electricity features in international human rights instruments that Zambia is party to. It further assesses how this incorporation can be employed to address the rife energy poverty. While there lies great potential in mobilising the human rights framework to hold the Zambian government to its international obligation of securing electricity services to its citizens, for optimum results, there is need for some changes. Noteworthy is the domestication of international human rights instruments that have incorporated 'access to electricity'; full implementation of domesticating legislation and consistent engagement with the state reporting process. / Mini Dissertation (LLM (Multidisciplinary Human Rights))--University of Pretoria, 2021 / Queen Elizabeth Commonwealth Scholarship(QECS) / Centre for Human Rights / LLM (Multidisciplinary Human Rights) / Unrestricted

Cameroon has been in the throes of a bloody conflict in the English-speaking regions since 2016. It is a conflict over political, cultural rights and identity and has deteriorated with government forces implicated in serious human rights violations such as extrajudicial and summary executions, torture, forced disappearances, arbitrary arrest and incommunicado detention, arson and destruction of villages. Separatist fighters have equally inflicted pain on civilians who do not support their agenda through kidnapping, maiming and targeted killings. Transitional justice (TJ) stands as a panacea to addressing the serious human rights violations resulting from conflicts. The AU through its different organs and institutions have developed mechanisms for the implementation of TJ. The AU Transitional Justice Policy (AUTJP) provides a roadmap for other institutions to assist member states to develop context-specific comprehensive policies, strategies, and programmes towards achieving peace, justice and reconciliation. The African Commission as a key institutions for implementing TJ incorporates TJ into its existing mechanisms which makes TJ centred responses weak. The study proposes several measures to improve on the Commissions response. It equally highlights the peculiarities and challenges at the level of the Cameroon and proposes measures to be adopted to achieve peace and justice. / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (Human Rights and Democratisation in Africa) / Unrestricted

Despite their critical role in consolidating Malawi’s democracy and human rights culture, the operating environment for HRDs remains hostile and ‘obstructed’. HRDs have constantly been a target of violent attacks by state and political agents. The state has also often times used criminal laws to subject HRDs to judicial harassment including arbitrary arrests, and prosecution on trumped-up charges. Since independence, there has been constant crackdown on fundamental rights including the rights to freedom of association, assembly, and expression as well as right to personal safety and security, privacy and dignity. Despite a constitutional bill of rights, it can be dangerous to be an HRD in Malawi. In response to growing hostility and the risks faced by HRDs across the globe, the United Nations (UN) General Assembly in 1999 adopted the ‘Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms’ (UN Declaration on HRDs). This Declaration guarantees fundamental rights for HRDs including rights to freedom of expression, security, association and assembly. These rights are critical enablers for the effective operations of HRDs. Furthermore, the UN Declaration on HRDs reinforces the duty of the states to protect HRDs. Since its adoption, various national, regional and global instruments and mechanisms have emerged to guarantee protection of HRDs. At the national level, Malawi has different mechanisms and instruments that deal with various aspects of human rights, including the legislation and state organs such as the Malawi Human Rights Commission (MHRC), Office of the Ombudsman, Courts, Malawi Police Service, and Legal Aid Bureau. However, little is known about the extent to which the national human rights protection frameworks guarantee the rights of HRDs in Malawi. There is a dearth of academic literature, documentation and recent data at national level about Malawi’s protection mechanisms for HRDs. Thus, this study seeks to contribute to the scholarly work about the protection of HRDs in Malawi. The study investigates the situational analysis of HRDs in Malawi drawing the challenges faced by HRDs and their potential impact on their work. Secondly, it examines the regional and global human rights legal framework on protection of HRDs. Furthermore, the study analyses the national mechanisms for protection of HRDs in Malawi, drawing attention to legal, policy and institutional frameworks. Finally, the study presents the conclusion and recommendations. / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (Human Rights and Democratisation in Africa) / Unrestricted

Worldwide, pretrial detention is overused such that in some countries like Nigeria, awaiting trial detainees (ATDs) far outnumber convicted prisoners. Detained for months and sometimes years, ATDs in Nigeria are housed in deplorable and seriously overcrowded detention facilities and some are routinely tortured despite being presumed innocent until proved guilty. The study assessed the question whether Nigeria is measuring up to its international and regional obligations in protecting ATDs’ human rights especially the right to be presumed innocent until proved guilty and the right against torture and other ill-treatment. Based on a desktop research method, the study found that pretrial detention is overused in Nigeria contrary to the international and regional human rights standards which specifically require that pretrial detention should be used sparingly and only as a matter of last resort. The study traced the root causes of prolonged pretrial detention in Nigeria to the paucity of alternatives, the practice of holding charge and the delay in the administration of justice. The study recommended the enactment of a specific law on pretrial detention which will provide adequate alternatives to pretrial detention such as bail and bond, release on personal recognizance, restrictive measures and electronic monitoring, among others. It also suggested the use of decriminalisation and diversionary system and that a timeline should be stipulated for criminal prosecution. / Mini Dissertation (LLM)--University of Pretoria, 2021. / The European Union through the Global Campus of Human Rights and the Royal Norwegian Embassy in Pretoria, South Africa / Centre for Human Rights / LLM / Unrestricted

This mini-dissertation interrogates the jurisprudence on gender-based violence (GBV) by the African Court on Human and Peoples' Rights and the African Commission on Human and Peoples' Rights. With African feminisms in the 21st century as the conceptual framework, the jurisprudence is assessed for its attention to the gendered aspects of GBV. / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (Human Rights and Democratisation in Africa) / Unrestricted

The aim of this paper was to determine whether the current South African law governing the doctrine of pacta de non cedendo complies with the constitutional mandates imposed by our Constitution. In terms of the current law a pactum de non cedendo will only be accorded validity if the debtor is able to demonstrate a substantial interest in the prohibition against cession. However, the interest requirement is only applicable when a pactum de non cedendo is superimposed onto a pre-existing right, and is not required when a right is born ab initio with a prohibition on transfer. In my opinion the current law falls short of the "spirit, purport and objects of the Bill of Rights", as required by s 39(2) of the Constitution, and is therefore, in need of development. In this paper I propose the following development: Firstly, by requiring the debtor to prove an interest that is served by the pactum de non cedendo, in certain circumstances, the law undermines the value of equality held so dearly by our society. This is because no such requirement exists when other types of restrictive clauses are concluded. It is my contention that the "interest requirement" be relegated from being a free-standing requirement to simply being another factor to be taken into account when conducting the public policy enquiry. Secondly, pacta de non cedendo appearing in book debts and other similar monetary obligations should always be held contrary to public policy due to the importance of the free flow of claims in commerce, specifically, the factoring and securitisation industries. Factoring plays a crucial role in the world economy, the most advantageous aspect of factoring is that small to medium size businesses may obtain much needed finance by selling their claims to a factoring house. Lastly, the current distinction drawn between a pactum de non cedendo that is superimposed onto a pre-existing right, and a right that is created with a pactum de non cedendo is artificial and illogical, the correct distinction that should be drawn is between a pactum de non cedendo that is concluded by the debtor and creditor on the one hand, and between a pactum de non cedendo concluded between the cedent and cessionary on the other.

Includes bibliographical references.

South Africa has a history of human rights atrocities that have created an urgency to attend to the previously marginalised and vulnerable groups of society. The Constitution of the state as well as other international treaties have created provisions that entrench the commitment to protect the child. This has been done through the inclusion of the 'best interests of the child' principle in the instruments. This study examines the development of the 'best interests' of the child. Furthermore, it analyses how and why the principle developed in the international and national context. The purpose is to come to the findings that the newly introduced Children's Act has created a better scope of protection than the previous common law precedent. The leading component of the study is criticising the method of the application of the 'best interests' of the child principle in South Africa. The author will specifically focus of section 7 of the Children's Act and prove why the courts should be applying this provision in child-related cases.

No description available.

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