Includes bibliographical references (leaves 82-87).

Includes bibliographical references (leaves 98-106). / This thesis is concerned with the conceptions of three key and interactive groups - human rights lawyers/advocacy officers, asylum seekers and refugees, and Department of Home Affairs officials - who are in different ways involved with asylum seekers and refugees in Cape Town in the dual contexts of the new rights-based Constitution and the recurrence of political xenophobia. More specifically the thesis investigates their respective conceptions of (human/constitutional/legal) rights, citizenship and political xenophobia. The findings suggest that although the respondents hold the Constitution in high esteem in providing for the rights of everyone they also argue that in practice there is a denial of refugee and asylum seekers' rights under the Constitution, making them effectively rightless.

Includes bibliographical references (p. 96-99).

The study is comprised of five chapters, with this as the first and will proceed on the hypothesis that criminalisation of consensual sodomy is unconstitutional and should be invalidated even in the midst of challenges to such a declaration. Chapter two will give comprehensive outline of the offence of carnal knowledge against the order of nature under section 153 of the Code. The ambiguities created by section 153 are analysed in chapter three where a critical discussion on the case of Republic v Steven Monjeza Soko and Tionge Chimbalanga Kachepa will also be made. A constitutional analysis of section 153 (a) and (c) will be done and it will be argued that it impairs the rights to equality, privacy and dignity in a manner that is indefensible. Chapter four will highlight among others, how the requirement of locus standi in constitutional cases is a limitation to the constitutionality challenge of section 153 (a) and (c). It will also show how the current Malawi setup of the appointing judges of the High court by the Chief Justice to sit as a constitutional court is another hindrance to the decriminalisation of the provision. In addition, the possibilities of decriminalising the offence of sodomy will be explored. Chapter five is the concluding remarks and recommendations.

Bibliography: leaves 157-166. / This study investigates the relation between the narrow "peace process" that followed from South Africa's the National Peace Accord (NPA) and the "truth process" that followed from the Truth and Reconciliation Commission (TRC) during the country's transition to democracy. The study narrows down these two highly complex processes so that they can be studied in relation to each other. The NPA was instituted during the crucial transition period between 1990 and 1994 in order to contain the political violence that threatened to derail the negotiation process then under way. In contrast, the TRC was established in 1995, the later phase of the transition, as a means to deal with South Africa's conflictual and violent past. It was mandated to uncover past human rights violations under the over-riding objective of promoting national unity and reconciliation. The contributions of both, the NPA structures and the TRC process, to building peace and democracy in South Africa are explored independent of each other before they are set in relation to each other. On the basis of guiding-question interviews conducted with individuals having been part of the NPA and the TRC respectively, preliminary conclusions regarding the historical question of whether a direct link between the NPA structures and the TRC process existed in South Africa are drawn. Departing from there, theoretical implications of the assessed relationship between the "peace process" and the "truth process" in South Africa are discussed. Based on the South African experience the study suggests that conceptually a link between "processes of peace and truth" is desirable as it can provide a more sustainable basis for the building of peace and democracy but it also notes the difficulties of establishing such a link in practice. The study points out that a direct linkage between "processes of peace and truth" could connect the ‘negative' task of peace-building - the reduction of direct violence - to the ‘positive' task of peace building -- the rebuilding of relationships. It is argued that such a linkage would further promote democratic consolidation. Departing from there the study concludes that a substantial or direct linkage between the "processes of peace and truth" is worth considering if other transitional societies opt for managing their transition by means of a "peace process" and a "truth process". peace process" that followed from South Africa's the National Peace Accord (NPA) and the "truth process" that followed from the Truth and Reconciliation Commission (TRC) during the country's transition to democracy. The study narrows down these two highly complex processes so that they can be studied in relation to each other. The NPA was instituted during the crucial transition period between 1990 and 1994 in order to contain the political violence that threatened to derail the negotiation process then under way. In contrast, the TRC was established in 1995, the later phase of the transition, as a means to deal with South Africa's conflictual and violent past. It was mandated to uncover past human rights violations under the over-riding objective of promoting national unity and reconciliation. The contributions of both, the NPA structures and the TRC process, to building peace and democracy in South Africa are explored independent of each other before they are set in relation to each other. On the basis of guiding-question interviews conducted with individuals having been part of the NPA and the TRC respectively, preliminary conclusions regarding the historical question of whether a direct link between the NPA structures and the TRC process existed in South Africa are drawn. Departing from there, theoretical implications of the assessed relationship between the "peace process" and the "truth process" in South Africa are discussed. Based on the South African experience the study suggests that conceptually a link between "processes of peace and truth" is desirable as it can provide a more sustainable basis for the building of peace and democracy but it also notes the difficulties of establishing such a link in practice. The study points out that a direct linkage between "processes of peace and truth" could connect the ‘negative' task of peace-building - the reduction of direct violence - to the ‘positive' task of peace building -- the rebuilding of relationships. It is argued that such a linkage would further promote democratic consolidation. Departing from there the study concludes that a substantial or direct linkage between the "processes of peace and truth" is worth considering if other transitional societies opt for managing their transition by means of a "peace process" and a "truth process".

Includes bibliographical references.

Includes abstract. Includes bibliographical references.

Includes bibliographical references. / The study is a contextual account of various factors that facilitate and promote the continued dominance of the ‘Number gangs’ prevalent in many (if not most) South African prisons. Even though there is a substantial amount of factors that critically influence and sustain the South African prison gangs, this paper will focus upon a few of these influences. An emergent sentiment from exponents within these gangs, and supporting academic literature both argue that these dominant inmate factions are now adapting their mythical credo so as to remain an informal power-player within the scope of a failing South African prison administration. From a managerial perspective, the Department of Correctional Services (DCS) is often found attempting to give meaningful accounts of itself amidst its failed efforts to transform both itself and the South African prison administration. The policy legislation and administration of DCS thus also contribute to prison gang prominence. The study shows that DCS has embraced a policy of harsher penality, although its official position is that it is transforming into an administration that is focused upon human rights. This paper will thus give brief insight into the prison gangs’ organization and operations, and then focus upon various contexts within which the Number gangs continue to be pervasive, especially due to changing prison administrative policy (or lack thereof) and due to new adaptive strategy employed by gangs to make themselves powerbrokers within this contentious penal discourse.

Includes abstract. / Includes bibliographical references. / That there is power in information is not disputable. Information empowers marginalised and impoverished citizens to engage with the state thus ensuring their inclusion in the governance and policy processes culminating in the realisation of their socio economic rights. Conversely, in spite of the opportunities for the usage of ATI law as a tool for advancing social justice, the state often retains the power to defy requests for access to information hence power to deny access thereto. This phenomenon is attributable to deeply entrenched socio political and systemic barriers resulting in the disempowerment of the poor from using ATI law as a tool for the realisation of social justice.

Includes bibliographical references (leaves 119-135). / This study is about the ending of conflicts. It examines the United Nations (UN) capacities in Conflict Transformation activities through the deployment of multifunctional peace operations. It is a study of how the UN seeks to transform violent conflicts into the state of being non-violent conflicts. Thus, a study that examines the process of creating a self-sustaining peace (positive peace), and not only examining how to reduce the risk of resumption of violent conflict (negative peace). Herein, the study favours the concept Conflict Transformation as an extension of the term Conflict Resolution.