This thesis studies the Supreme Court decision, Korematsu v. United States, 323 U.S. 214 (1944) and its historical context, using a narrative perspective and reviewing aspects of narrative viewpoints with reference to legal studies in order to introduce the present study as a method of assessing narratives in legal settings. The study reviews the Supreme Court decision to reveal its arguments and focuses on the context of the case through the presentation of the public story, the institutional story, and the ethnic Japanese story, which are analyzed using Walter Fisher's narrative perspective. The study concludes that the narrative paradigm is useful for assessing stories in the law because it enables the critic to examine both the emotional and logical reasoning that determine the outcomes of the cases.

In March 1960, Atlanta University Center students began a nonviolent direct action protest campaign designed to break down racial segregation in lunch counters and other public facilities in downtown Atlanta. The students' efforts had an effect within the Center from which their protests emanated. This thesis is an effort to study those effects, The approach in doing so is intrainstitutional as well as intraracial. The areas discussed are the students' organization, their efforts to take care of academic responsibilities while protesting, and the pressures between them and their parents, faculty, and college presidents. The method of the thesis is that of oral history and major sources used in the research were fifteen oral interviews conducted in 1978 and 1979.

This study examines the implementation and enforcement of the right to environment in the Constitution of the Democratic Republic of Congo, and compares it with the situation in South Africa. To date, there is no legislation in the DRC that gives effect to this right, and the gap between the guaranteed right and the reality remains significant. Guidance may be found in the South African model for implementing and enforcing environmental right(s) which is sustained by an array of legislation. While the priorities on the agenda of political leaders in the DRC lack real willingness to deal with this matter, parliament must be pressured to pass legislation that gives effect to the right to environment and to improve the current framework of environmental regulation. It is imperative to create awareness in government and at grassroots level for the protection of the environment as a human right. / Jurisprudence / LL.M.

This study examines the effectiveness of environmental and developmental rights within the SADC region, especially the status of their implementation and enforcement in the DRC and the RSA. The SADC Treaty recognizes implicitly the rights to environment and to development. Unfortunately, the unequivocal commitment to deal with human rights within the region is not translated with equal force into the normative framework established by the Treaty or into SADC’s programmed activities. No institution has been established with the specific mandate to deal with human rights issues, neither are there any protocols or sectors especially entrusted with human rights protection and promotion. The SADC member States do not share the same understanding or agenda on matters pertaining to the respect for, and the promotion, protection and the fulfilment, of human rights at the regional level. The inception of environmental and developmental rights within the Constitution of the DRC is still in its infancy compared to the situation in South Africa. Implementation and enforcement remain poor and need important support from all organs of state and from the Congolese citizens. A strong regulatory framework pertaining to human rights (environmental and developmental rights) remains an urgent issue. Guidance may be found in the South African model for the implementation and enforcement of human rights, although the realization of the right to environment in South Africa is hampered by a number of factors that cause the degradation of the environment. Against South Africa’s socio-economic and political background, the constitutionalization of the right to development remains of critical concern to a sustainable future for all. The Congolese and South African peoples need to be made aware of their constitutional rights, especially their environmental and development rights, and the institutions and the mechanisms available to enforce them. They need to be empowered to demand justice as a right not as an act of charity. It is patently clear that the authorities will not protect the environment or tackle the development agenda unless there is a strong people’s movement to challenge the State and other role players over environmental and development issues and ethics. / Constitutional, International and Indigenous Law / LL.D.

Pas de résumé / Doctorat en droit / info:eu-repo/semantics/nonPublished

Includes bibliographical references (leaves 116-131) / This study investigates the place of the Shona-Karanga women as reflected in Shona proverbs concerning women. Reviewed literature covers the world, African and Zimbabwean perspectives on women. It discusses and examines changes in the role and status of Shona –Karanga women in the pre-colonial, colonial and post-colonial periods. The study examines men’s attitude towards women, women’s attitude towards themselves and women’s responsibilities in Shona-Karanga communities in relation to Shona proverbs. Proverbial statements discussed were from participants and other sources. Government’s effort in improving the women’s status was examined. The study uses mixed research methods of data generation and presentation. Research findings show that women lost their glory during the colonial period but the blame is levelled against Karanga culture which actually holds women with high esteem. The study established that most participants were ignorant of proverbs concerning women. The research was an eye opener to women about the tremendous potential they have / African Languages / M.A. (African languages)

The history of South African education should not be swept under the carpet when contemporary matters on education are discussed. Public education was brought to life in order to perpetuate the ideals of separate education and apartheid. the school manager was essentially an extension of the ruling party. He or she had to inform his or her subordinates what the authorities demanded to be done in educational circles. The 1996 Constitution (Act 108 of 1996) effectively assured a democratic order which would guarantee the removal of Acts which were discriminatory in nature. The 1996 Constitution lay the foundation for a democratic and open society which has high regard for human rights, childrens' rights and in particular the right of learners to education. The public school must implement the stipulations of the Constitution and of the South African Schools Act (Act 84 of 1996) which aspire to be in line with international human rights documents like the 1948 Declaration of Human Rights and the 1989 Convention on the Rights of the Child. This study is essentially about learner's right to education and the role of the public school in assisting learners to realise this right. All considerations are based on the democratic constitutional dispensation in South Africa after 1994. The study finally illuminates the level of preparedness of the parent community in forming a partnership with the public school so that learners can be assisted in realsing their rights to education. / Educational Studies / M.Ed. (Education Management)

This thesis examines the status of amnesties and the duty to prosecute gross and systematic human rights violations in international law. The thesis begins by distinguishing amnesty from other related concepts, such as impunity, pardon and statutes of limitations and so on. Unlike these related concepts, amnesty aims to address major social or political crises in society, such as to resolve an armed conflict, allow the return of political refugees or bring about peaceful political transition. Amnesty is linked to the duty to prosecute, because it is so often in direct conflict with international law norms and standards on the duty to prosecute and to compensate victims of human rights violations. Before the First World War, amnesty was a well-established customary practice. Even where a peace treaty was silent on the mater, amnesty was implied. Compensation was also part of the regime of peace treaties, but not followed as consistently as amnesty. This practice changed dramatically after the First and Second World Wars, because, in a break with the past, the victors did not consider themselves to be on the same level as the vanquished. This resulted in the abolition of the traditional practice of granting amnesty and the demand rather that those responsible for aggression be prosecuted and compelled to pay compensation, as was the case with Germany. Since 1948, with the adoption of the United Nations' Charter, and other international human rights treaties, the power of states to grant amnesty gradually became constrained by the obligation to prosecute perpetrators of gross human rights violations and to pay compensation to the victims of war crimes. Nevertheless, this phenomenon did not put an end to the practice of states granting amnesty for gross human rights violations. Internal armed conflicts during and after the end of the Cold War, with no victors and no vanquished, made amnesty an inevitable option. A considerable number of states continue to utilise amnesty as a device for peace and reconciliation, and they have granted amnesty for war crimes, genocide and crimes against humanity. In customary international law, there is a gap between the actual state practice and the existence of the customary norm creating a duty to prosecute. As a result, the status of the so-called "palatable amnesties" (à la South Africa), often granted as part of a truth and reconciliation process, still remains unclear in international law. This is further exacerbated by the inconsistent practice of the United Nations as the main depository and sponsor of human rights instruments. South Africa and Sierra Leone are used as case studies to illustrate this inconsistency in both state and UN practice on the status of amnesties in international law. As a result, the study proposes a balanced approach model, which is an attempt to strike a balance between accountability, political transformation and social stability in transitional democracies. The balanced approach model proceeds from the premise that the international criminal justice system is not flawless and, therefore, it is important to acknowledge its limitations, such as the lack of enforcement agencies, difficulties in the collection of reliable evidence and a lack of resources to prosecute. In terms of the model, consideration is given to (i) the need to respect the legitimacy of the political process that gives rise to the granting of amnesty; (ii) the amnesty must be proportional to the crimes committed and must be rationally connected to the aims of achieving peace and national reconciliation, the interests of justice, compensation for victims; and finally (iii) the general commitment of the state that grants amnesty to respect international law obligations, which includes the implementation of international obligations as part of municipal law and treaty monitoring obligations as preconditions for the amnesty to pass muster in the balanced approach model. In conclusion, the study proposes model Policy Guidelines on Amnesties Granted for Gross and Systematic Human Rights Violations in International Law for the Assembly of States of the International Criminal Court (ICC) to take note of, and to commend to states and international courts and tribunals, leaving its content to be taken up in the normal processes of the application and development of international law. The status of the Guidelines is that of a code of conduct or guide to practice. In that sense, the Guidelines do not have the character of a binding legal instrument and will serve as the basis for the development of sound principles of international law on amnesties. / Constitutional and International Law / L.LD

The composite right to meaningful and informed participation in the criminal process comprises the right to information, the right to understand, the right to be prepared, the right to be present, the right to confrontation and the right to present one’s case. The sub-rights are not of an overarching nature such as the right to legal representation and the right of access to the law. The various rights are grouped together because they show some connection with the ability of the suspect or the accused to participate in the criminal proceedings as a legal subject, and not as an object of the proceedings as in primitive times. These rights ensure that the accused will not participate in the criminal process from an unfavourable position. The heading ‟meaningful and informed participation” is therefore a collective term for these rights. These sub-rights form part of the comprehensive right to a fair trial. The thesis examines aspects of the position of the accused in South Africa and in foreign jurisdictions such as the United States of America, Canada, New Zealand, Australia, Germany, the United Kingdom and Islamic systems. International instruments such as the European Convention for the Protection of Human Rights and decisions of the United Nations Human Rights Committee are also considered. The thesis first considers the historical perspective of the accused in primitive times when he was regarded as an object of the criminal proceedings, to the present time when he is regarded as a subject of the proceedings. The study on foreign jurisdictions reveals that for the most part, our law is in line with the law of other countries. The study also demonstrates that the various rights are not absolute. In exceptional circumstances, some diminution of the accused’s rights is necessary to protect the interests of society. Nevertheless, the courts should act cautiously and not allow the exceptions to overtake the rule. The judiciary should strive to find a better balance between the constitutional rights of the accused and the interests of society. To this end, the judicial system must be objective yet vigilant. / Criminal & Procedural Law / LL.D.

The world has seen gradual evolution of regional human rights arrangements. The adoption by the UN General Assembly of the Universal Declaration of Human Rights on December 10, 1948, was followed by the creation of numerous regional instruments that address concerns of particular importance in the regional context. Three world regions, Africa, the Americas and Europe, have established their respective regional instruments together with the supervisory mechanism, such as commissions and courts. The African Charter on Human and Peoples’ Rights, with its emphasis on group rights and individual duties challenges the Western liberal account of rights, as expressed in the Universal Declaration of Human Rights. The cultural differences brought to the fore not only the tension between individual and group rights but also the question as to whether of the universalism of human rights is possible. The study advocates for a moderate universalism of human rights, which can only be achieved through a dialogue among different cultural approaches to the notion of human rights. This study examines the content and substance of human rights norms of the African system with a view to recommending the possible strategies for their reform. Its central thesis is, the system is rather weak and therefore needs to be reformed. Toward this end, the study analyses the provisions of the African Charter. Thereafter, it explores its weaknesses and proposes strategies for their reform. The African human rights mechanisms face a number of common and particular challenges. Prospectively, Africa is going through a tremendous and interesting phase. These challenges are not insurmountable. / Constitutional, International and Indigenous Law / LL.D.