One of the responsibilities of every government is to make provisions of basic needs for its citizens. The situation in Omay resembles people living during the dark ages when there was no constitutional government. The government should in accordance with the priorities of its people be seen to be improving the lives of its citizens by providing health, education, roads, communication facilities, and participation in decision making especially on issues that have a bearing on their lives. The human needs theory postulates that one of the most ideal ways of resolving protracted conflicts is by helping people meet their needs. Human needs are not for trading according to conflict scholar John Burton, implying that if one does not meet his or her needs he/she might do anything to strive to meet them. The people of Omay have been deprived of their needs in all facets; first the previous government relocated them to create Lake Kariba for the hydroelectric plant. They were not compensated. They were dumped on very arid, tsetse fly infested mountainous areas adjacent to game reserves and national parks where they have to make do with wildlife; some that destroy their few crops (elephants) and others that kill them or their animals (lions). As a minority group they have been engaged in social unrest and small skirmishes with government and other, bigger ethnic groups as a form of resistance. A deliberate affirmative action to channel funds towards raising their living standards and develop their area so that they meet their needs could be the panacea to the social unrest.

"In Zimbabwe the sexual abuse and exploitation of the girl child remains high. Recently the state has acknowledged the problem of sexual abuse and exploitation of the girl child and has indicated the willingness to step up campaigns against it. This campaign, however, targets school children in primary and secondary schools. There has also been an increase of sexual abuse of children in schools by the teachers and other staff members. The family as an institution has facilitated child abuse and exploitation in Zimbabwe through cultural practices and customs as a survival tactic. Some commentators have directly linked the revival of these cultural practices to the economic crisis that has resulted in food shortages around the country. These traditional practices include the marriages of the child to older men in exchange for food or money known as kuzvarira, kuripa ngozi, or pledging a girl into marriage and virginity testing. Some of the practices are, however, not directly linked to the prevailing economic crisis, but are just practiced as a tradition like chiramu. These practices have become more common amongst the Shona, the largest tribe constituting at least 76% of the population, and predominantly patriarchal. Theorists of patriarchy have directed their attention to the subordinate status of women and found their explanation in the male need to dominate the female. Although Zimbabwe as a state has shown a commitment to protecting children against sexual abuse by enactment of laws criminalising involvement of the girl child in prostitution, incest and rape of girls, little has been done to ensure that forced and early marriages of the girl child are curtailed. Virginity testing is not criminalised and is also currently being practised in rural parts of the country on a wide scale. ... Chapter one introduces the problem of child sexual abuse and exploitation of the girl child as a universal problem and gives a structure of the study. Chapter two discusses the concept of a child, sexual abuse and exploitation as a human rights problem. It analyses the protection of children under international human rights law. Chapter three gives a broad overview of the relationship between culture and children's rights. The role of the family will also be discussed as articulated in the human rights instruments. Chapter four highlights and discusses the cultural practices that result in sexual abuse and exploitation of the girl child in Zimbabwe. The legal framework protecting children from sexual abuse and exploitation and the shortcomings will be highlighted. The impact of such sexual abuse and exploitation on the overall development of the child will also be discussed. Chapter five makes recommendations by looking at the developments from other countries on the rights of the girl child and cultural practises that result in sexual abuse." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Dr. B. Twinomugisha, Faculty of Law, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The Zimbabwean society views persons with disabilities (PWDs) ‘as useless liabilities that have no role to play in society.’ The Zimbabwean Government has also forgotten PWDs since they are not mentioned in all the country’s national budgets. This has led to uncountable barriers faced by PWDs in their bid to be included as equal members of the society. Some of the barriers are constant discrimination, sheer poverty, lack of access to mainstream public services and stigma. Hundreds to thousands of PWDs beg for alms in the streets of every town and city. Zimbabwe then has to be reminded that all PWDs have: a right to enjoy a decent life, as normal and full as possible, a right which lies at the heart of the right to human dignity. This right should be jealously guarded and forcefully protected by all states party to the African Charter in accordance with the well established principle that all human beings are born free and equal in dignity and rights. Thus, the era of silence when it comes to the realisation of the rights of PWDs in Zimbabwe has to come to an end. All PWDs in Zimbabwe should know that it is by right and not by privilege to be guaranteed full and effective participation, and inclusion in society. It is time for Zimbabwe to embrace all the rights for PWDs without any hesitation. It is time for humanity to celebrate the inherent dignity, individual autonomy, independence and the right not to be discriminated against for all PWDs. Every lawmaker in Zimbabwe has to be reminded to delete from the statute books all laws which view disability as a medical problem and instead, pass laws which are in line with the human rights-based approach which is a more enlightened, realistic and people-centred approach to disability. No time to play but plenty of time to work…! / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

Evaluating the effectiveness of Thabo Mbeki’s political mediation in the Zimbabwean conflict of 2008, following a disputed election outcome, is the principal objective of this study. The Ripeness Theory of mediation and conflict resolution that was proposed by William Zartman and developed by other scholars is deployed as the theoretical framework of the study. The principal measure of the effectiveness of mediation lies in its success in resolving conflict in a sustainable manner. There is consensus in conflict resolution scholarship that the post-cold war era has witnessed a marked shift of conflicts from the inter-state scene to the intra-state domain, such as the one in Zimbabwe, 2008. This shift has brought with it increasing attention to issues of human security, human rights and democratisation in mediation and conflict resolution. As a result, a compelling need for the effective resolution of such conflicts, and guarantee of the enforcement of human rights, security and promotion of democratisation as part of mediation, has arisen. There is also a general acceptance, amongst scholars, that the success of mediation goes beyond the signing of mediated agreements as often case conflict has re-ignited after the signing of peace agreements. For that reason, the argument that mediation is counter-productive as it often puts a lid on the can of conflict without resolving the underlying conflict issues has achieved currency. There is therefore a general convergence of views in mediation literature that addressing the structural causes of disputes guarantees the sustainable resolution of conflict. It is in the context of these developments and views in international relations and politics that this study evaluates, using the Ripeness Theory, its limits noted, the effectiveness of Thabo Mbeki’s mediation in Zimbabwe, and the argument is advanced that often case mediated agreements are not effective mechanisms for the sustainable resolution of conflict and the achievement of democratisation and durable peace. Civil society groups need to be involved to expand the scope of negotiations and limit effects of mediator partiality. / Political Sciences / M.A. (International Politics)

LLM / Department of Public Law

PhD (African Studies) / Centre for African Studies / This interdisciplinary study examined witchcraft beliefs and criminal responsibility in South Africa and Zimbabwe. The unshakeable deep rooted and profound cultural beliefs of African people do not find expression in written law and therefore introduce a mismatch between law as the people live it and law as contained in the statute books. The aim of this interpretive doctrinal (legal) and qualitative research study was two-fold. Firstly, it sought to evaluate and assess the influence of African value systems particularly ethical ideas on the development of criminal responsibility. Secondly, it undertook a comparative examination of the criminal responsibility of actors who commit crimes while labouring under belief in witchcraft. The research, therefore, undertook a comparative examination of the criminal responsibility of actors who commit crimes while labouring under the overpowering fear of belief in witchcraft. In that regard, the study was premised on and informed through theories of criminal punishment, a Human Rights Based Approach, psycho-analytic theory and socio-cultural theory. The primary motivation for the study was the need to address the mismatch of laws and African value systems and to add knowledge to the scholarly legal writing on beliefs in witchcraft. Explorative qualitative research methods of collecting data (case studies, semi-structured interviews and focus groups discussions) and the doctrinal methods of data collection (case law observation, newspaper reports and witchcraft legislations) were employed as the research methodologies for the purposes of this study. For social empirical findings to be useful in integrating with the legal issues, the study adopted an Indigenous Knowledge Systems (IKS) perspective. Although customary practices play a very important role in the lives of the African people, some of the rules can no longer withstand constitutional scrutiny. The research findings confirmed the mismatch that exists between the African value systems and the law. The study unveiled that the African value systems of the two countries have been affected by modernity. Also, the two countries have similar laws governing the aspect of belief in witchcraft that are weak and archaic thus introducing a lacuna in the

LLM / Department pf Public Law / Capital punishment has been widely applied by countries since time immemorial. The concept, however, is highly controversial. That is, on the one hand, the anti-abolitionist states argue that it is an effective form of punishment, on the other side; the abolitionist states contend that it is an unjustifiable infringement of people’s fundamental right to life. There have been calls, both regionally and globally, for a moratorium on the death penalty. The Second Optional Protocol to the International Covenant on Civil and Political Rights was promulgated as a move towards the abolition of the death penalty in all countries and states in the world. Article 1 (2) of the instrument states that, “Each state party shall take all necessary measures to abolish the death penalty within its jurisdiction”. At regional level, Article 4 of the African Charter on Human and Peoples’ Rights provides that all human beings are inviolable and entitled to the respect and integrity of their person. As such, no one may be deprived arbitrarily of this right. In addition, Article 1 of the Protocol to the African Charter provides that the death penalty shall not be applied by state parties in their territories or any person within their jurisdiction. Despite the current global and regional trends towards the abolition of the death penalty and its inherent controversy, Zimbabwe remains anti-abolitionist, and entrenched the death penalty in section 48 (2) of its 2013 Constitution. Adopting a doctrinal research methodology, the study critically analyses section 48 (2) (d) of Zimbabwe’s Constitution, and examines how it affects key fundamental rights as well as the way forward in the light of the international human rights standards on the death penalty. / NRF

Many scholars perceive state sovereignty as absolute, inviolable, indivisible, final, binding and stagnant. That perception emanates from inter alia political, social, cultural and environmental contexts of the modern era. Most literature converge that the doctrine of sovereignty first received official codification at the Peace Treaty of Westphalia in 1648. Contemporary international norms, particularly the Responsibility to Protect (R2P) doctrine, are arguably an environment and culture of current global politics. With human rights and democracy having taken centre-stage in contemporary political discourses, sovereignty is affected and influenced by such developments in international politics. Hence the argument that globalisation, among others, has eroded, weakened and rendered the doctrine of sovereignty obsolete. This study, using Zimbabwe‟s Operation Murambatsvina as a case study, demonstrates that sovereignty is neither unitary in practice, nor sacrosanct; it is dynamic and evolves, thus, in need of constant reconfiguration. To this end, the study uses the qualitative research methodology. / Political Sciences / M.A. (International Politics)

Many scholars perceive state sovereignty as absolute, inviolable, indivisible, final, binding and stagnant. That perception emanates from inter alia political, social, cultural and environmental contexts of the modern era. Most literature converge that the doctrine of sovereignty first received official codification at the Peace Treaty of Westphalia in 1648. Contemporary international norms, particularly the Responsibility to Protect (R2P) doctrine, are arguably an environment and culture of current global politics. With human rights and democracy having taken centre-stage in contemporary political discourses, sovereignty is affected and influenced by such developments in international politics. Hence the argument that globalisation, among others, has eroded, weakened and rendered the doctrine of sovereignty obsolete. This study, using Zimbabwe‟s Operation Murambatsvina as a case study, demonstrates that sovereignty is neither unitary in practice, nor sacrosanct; it is dynamic and evolves, thus, in need of constant reconfiguration. To this end, the study uses the qualitative research methodology. / Political Sciences / M. A. (International Politics)

LLM / Department of Mercantile Law