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The role of customary courts in the delivery of justice in South SudanMuseke, 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
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The role of customary courts in the delivery of justice in South SudanMuseke, 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.
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Tsenguluso ya mbambedzo ya thandululo ya thaidzo dza mafhungo a ṱhalano khoroni dza musanda na khothe dza muvhuso tshiṱirikini tsha vhembe, vunḓuni ḽa LimpopoNtshauba, 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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