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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

The role of customary courts in the delivery of justice in South Sudan

Museke, Vicent 09 1900 (has links)
This study examines the role of customary courts in the delivery of justice in South Sudan. In doing so, it analyses the legal background, the hierarchy and composition of the customary courts. The considerations behind the constitutional recognition of the customary law courts in the current constitutional dispensation and the jurisdiction of customary courts are limited to customary matters and only criminal cases with a customary interface. It is noted that the customary Judges do not only exercise judicial functions but also play executive and legislative functions which contravene the constitutional principle of separation of powers. Reconciliation and compensation are noted as the major principles applied in the customary law courts. The major concern is that most practices in the customary law courts violate fundamental human rights. / Public, Constitutional and International Law / LLM
2

The role of customary courts in the delivery of justice in South Sudan

Museke, Vicent 09 1900 (has links)
This study examines the role of customary courts in the delivery of justice in South Sudan. In doing so, it analyses the legal background, the hierarchy and composition of the customary courts. The considerations behind the constitutional recognition of the customary law courts in the current constitutional dispensation and the jurisdiction of customary courts are limited to customary matters and only criminal cases with a customary interface. It is noted that the customary Judges do not only exercise judicial functions but also play executive and legislative functions which contravene the constitutional principle of separation of powers. Reconciliation and compensation are noted as the major principles applied in the customary law courts. The major concern is that most practices in the customary law courts violate fundamental human rights. / Public, Constitutional and International Law / LL. M.
3

Tsenguluso ya mbambedzo ya thandululo ya thaidzo dza mafhungo a ṱhalano khoroni dza musanda na khothe dza muvhuso tshiṱirikini tsha vhembe, vunḓuni ḽa Limpopo

Ntshauba, Siwethu Thomas 12 1900 (has links)
In Venda with English abstract / Hei thyisisi i vhambedza thandululo ya thaidzo dza mafhungo a ṱhalano khoroni dza musanda na khothe dza muvhuso. Saizwi Ndayotewa ya Riphabuḽiki ya Afrika Tshipembe, mulayo 108 wa 1996, i tshi ṋea muṅwe na muṅwe pfanelo dza u shumisa luambo lune a lu takalela, nyambo dzoṱhe dza tshiofisi dzi tea u shumiswa u lingana kha thandululo ya thaidzo dza ṱhalano khoroni na khothe. Hei thyisisi i sumbedza nyambo dza English na Afrikaans dzi dzone dzi re na mutsindo musi hu tshi itwa thandulululo ya thaidzo dza ṱhalano ngeno luambo lwa Tshivenḓa na lwa vhaholefhali vha u pfa lu sa pfali. Nga nnḓa ha u ḓiphina nga mbofholowo ya u shumisa Tshivenḓa sa luambo lwa tshiofisi kha u amba, lu shumiswa zwenezwo fhedzi huna muṱalutshedzi wa khothe. Ngauralo, hei thyisisi i khou ita khuwelelo ya uri tshifhinga tsho swika tsha uri muvhuso u ṋee luambo lwa Tshivenḓa vhuiimo vhu eḓanaho na nyambo dza English na Afrikaans na uri ulu luambo lu shumiswevho kha thandululo ya thaidzo dza mafhungo a ṱhalano khothe dza muvhuso. / This thesis compares the conflict resolution in divorce discourse between traditional and government courts. It argues that since the Constitution of the Republic of South Africa Act no 108 of 1996 has given everyone the right to use the language of his or her choice, all official languages must be used equitably in conflict resolutions in divorce discourse in both traditional and government courts. Most of the Vhavenḓa, especially the elderly, cannot speak more than one official language and this is relevant in conflict resolution. This thesis contends that conflict resolution in divorce discourse is mainly dominated by English and Afrikaans while Tshivenḓa as well as sign language is not used. Instead of enjoying the freedom of utilizing Tshivenḓa as a spoken official language as used by the court interpreter. Therefore, this thesis argues that time has come that government courts accord equal status to all official languages and that Tshivenḓa language should be utilized as English and Afrikaans in conflict resolution in divorce discourse. / African languages / D. Litt. et Phil. (African Languages)

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