The search for development that is sustainable often results in the complex challenge of having to reconcile the need for socio-economic activities with protection of the environment. This challenge of integrating such fundamentally important considerations that often contrast, but should be mutually supportive, is necessarily addressed by legal and policy frameworks of the country in question. These could be laws and policies with competence to manage the environment, or to manage socio-economic and political activities that impact the environment. This challenge is profound for developing countries like Kenya that experience higher levels of degradation, poverty and food insecurity. Arguably in this context, while addressing integration involves reconciliation of legal principles for a coherent legal concept of sustainability, it is also a serious matter of survival for millions of people. This raises compelling reasons to ensure that any legal reform measures positively impact how these people make decisions on the socio-economic utilization of land or forestry resources that they have access to. The research aimed to develop a legal and policy framework that will facilitate integration of environmental protection with socio-economic activities during land use decision making, as a mechanism to achieve sustainability. We investigated how a legal/policy framework, founded in the 2010 Constitution, and in environmental and tenure rights laws of Kenya, can conceptually reconcile the right (and duty) respecting a clean environment, with socio-economic rights. The research further analysed how such conceptual reconciliation can impact integration in policies, plans and decision making by sectoral laws and institutions to ensure environmental consideration across sectoral areas. To this end, we have proposed enacting a legal duty requiring tenure rightholders to integrate their socio-economic activities with environmental protection during land use decision making. We further frame mechanisms to guide the attitudes, and decisions of farmers and forest communities in making that transition to sustainable practices.

The search for development that is sustainable often results in the complex challenge of having to reconcile the need for socio-economic activities with protection of the environment. This challenge of integrating such fundamentally important considerations that often contrast, but should be mutually supportive, is necessarily addressed by legal and policy frameworks of the country in question. These could be laws and policies with competence to manage the environment, or to manage socio-economic and political activities that impact the environment. This challenge is profound for developing countries like Kenya that experience higher levels of degradation, poverty and food insecurity. Arguably in this context, while addressing integration involves reconciliation of legal principles for a coherent legal concept of sustainability, it is also a serious matter of survival for millions of people. This raises compelling reasons to ensure that any legal reform measures positively impact how these people make decisions on the socio-economic utilization of land or forestry resources that they have access to. The research aimed to develop a legal and policy framework that will facilitate integration of environmental protection with socio-economic activities during land use decision making, as a mechanism to achieve sustainability. We investigated how a legal/policy framework, founded in the 2010 Constitution, and in environmental and tenure rights laws of Kenya, can conceptually reconcile the right (and duty) respecting a clean environment, with socio-economic rights. The research further analysed how such conceptual reconciliation can impact integration in policies, plans and decision making by sectoral laws and institutions to ensure environmental consideration across sectoral areas. To this end, we have proposed enacting a legal duty requiring tenure rightholders to integrate their socio-economic activities with environmental protection during land use decision making. We further frame mechanisms to guide the attitudes, and decisions of farmers and forest communities in making that transition to sustainable practices.

The search for development that is sustainable often results in the complex challenge of having to reconcile the need for socio-economic activities with protection of the environment. This challenge of integrating such fundamentally important considerations that often contrast, but should be mutually supportive, is necessarily addressed by legal and policy frameworks of the country in question. These could be laws and policies with competence to manage the environment, or to manage socio-economic and political activities that impact the environment. This challenge is profound for developing countries like Kenya that experience higher levels of degradation, poverty and food insecurity. Arguably in this context, while addressing integration involves reconciliation of legal principles for a coherent legal concept of sustainability, it is also a serious matter of survival for millions of people. This raises compelling reasons to ensure that any legal reform measures positively impact how these people make decisions on the socio-economic utilization of land or forestry resources that they have access to. The research aimed to develop a legal and policy framework that will facilitate integration of environmental protection with socio-economic activities during land use decision making, as a mechanism to achieve sustainability. We investigated how a legal/policy framework, founded in the 2010 Constitution, and in environmental and tenure rights laws of Kenya, can conceptually reconcile the right (and duty) respecting a clean environment, with socio-economic rights. The research further analysed how such conceptual reconciliation can impact integration in policies, plans and decision making by sectoral laws and institutions to ensure environmental consideration across sectoral areas. To this end, we have proposed enacting a legal duty requiring tenure rightholders to integrate their socio-economic activities with environmental protection during land use decision making. We further frame mechanisms to guide the attitudes, and decisions of farmers and forest communities in making that transition to sustainable practices.

in English The thesis deals with the liability of the members of statutory authority of a joint-stock company in antecedent legislation and in present legislation. These legislation are compared and their differences are described. Duties of a member of statutory authority (foremost duty of care), whose violation led to commencement of obligation to compensation for damage, are characterized. Specifically the thesis deals with their obligation to pay damages and their liability for damage. These relations are analyzed not only to company itself, but also in relationship to the shareholders and third persons. Thesis contains also research of claiming damages and business judgment rule.

The search for development that is sustainable often results in the complex challenge of having to reconcile the need for socio-economic activities with protection of the environment. This challenge of integrating such fundamentally important considerations that often contrast, but should be mutually supportive, is necessarily addressed by legal and policy frameworks of the country in question. These could be laws and policies with competence to manage the environment, or to manage socio-economic and political activities that impact the environment. This challenge is profound for developing countries like Kenya that experience higher levels of degradation, poverty and food insecurity. Arguably in this context, while addressing integration involves reconciliation of legal principles for a coherent legal concept of sustainability, it is also a serious matter of survival for millions of people. This raises compelling reasons to ensure that any legal reform measures positively impact how these people make decisions on the socio-economic utilization of land or forestry resources that they have access to. The research aimed to develop a legal and policy framework that will facilitate integration of environmental protection with socio-economic activities during land use decision making, as a mechanism to achieve sustainability. We investigated how a legal/policy framework, founded in the 2010 Constitution, and in environmental and tenure rights laws of Kenya, can conceptually reconcile the right (and duty) respecting a clean environment, with socio-economic rights. The research further analysed how such conceptual reconciliation can impact integration in policies, plans and decision making by sectoral laws and institutions to ensure environmental consideration across sectoral areas. To this end, we have proposed enacting a legal duty requiring tenure rightholders to integrate their socio-economic activities with environmental protection during land use decision making. We further frame mechanisms to guide the attitudes, and decisions of farmers and forest communities in making that transition to sustainable practices.

`Organ of state' as a constitutional concept was first introduced by the 1993 Constitution, in which it was defined as including any statutory body or functionary. In their interpretation of this notion, the courts and academic writers invoked the tests developed at common law in order to determine its meaning. The commentators, on the one hand, used a variety of tests. The courts, on the other hand, subscribed to what has come to be known as the `control test'. The 1996 Constitution followed with a comprehensive definition of `organ of state'. This notion is also employed in other laws by direct reference or incorporation of the definition in section 239 with slight adjustments. Regrettably, the limited approach developed by the court in their interpretation of the notion of `organ of state' for the purposes of the 1993 Constitution has spilled over to the interpretation of the concept under the 1996 Constitution. The question is whether this is justifiable. The constitutional definition of `organ of state' makes it clear that other institutions and functionaries are organs of state on the basis of what they are and others by virtue of the functions they are engaged in. Therefore strict adherence to the control test or any other test could unjustifiably limit the application of the Constitution. / Jurisprudence / LL.M.

The goal of this research was to describe the nature, occurrence and extent to which integration preceded normative and institutional transformation in the SANDF and therefore in its Military Police, thereby demonstrating how in its aftermath, integration has become a recipe for disaster, casting a spell on further transformation within the military. The research also aimed at bringing the reader face-to-face with the daily struggles of Africans in the SANDF, by focusing on one of the smallest divisions of the military, the Military Police Agency (MPA). The research project was limited to all reported interviews and questionnaire responses of eighty five participants of the Southern Military Police Region (S MPR), excluding the S MPR HQ as well as the MPA HQ. A total of eighty five respondents out of a total strength of 172 S MPR composition, took part in the sample. Seventy nine participated in the questionnaire, fifty one in the interview and a total of forty five participated in both. Interviews were used as follow-up sessions to respondents' questionnaire answers. While the questionnaire was structured, the interview was semi-structured, allowing members to comment, object, affirm or question the process of transformation both in the SANDF and in the MPA. In keeping with the qualitative research method, the semi-structured interview enabled the mapping of categories, trends and patterns in the responses. It was found that MK and APLA cadres who integrated into the ex-Naval MPs surpassed their counterparts in the ex-Army MPs, by far. The two groups are incomparable, in rank level, experience, training, attitude and knowledge of the organisation. It was further discovered that most practices that had taken place before 1999 at W CSC and still continued within the MPA, negate SANDF policy and are criminal. Prejudice, racism, obscene language and gender insensitivity were rife, forming part of institutional culture. It is recommended that Weitzer's proposed solution for the transformation of coercive institutions be considered. It is a thoroughgoing transformation of the security apparatus through a legal framework because civil control is not enough to guarantee the pre-eminence of the democratic forces. / Criminology / M.A (Criminology)

The Media High Council (MHC) was put in place by the 2003 constitution of the Republic of Rwanda as amended to today. As article 34 clarifies, the MHC is an independent institution which aims to address issues of media and press freedom. In the same spirit, the law number 30 /2009 of 16/9/2009 determines its mission, organisation and functioning. According to article 2 of this law, the Media High Council is responsible for protection, control and promotion of media and media professionals. Based on normative theories, qualitative methods and thematic analysis, this study has explored the policy formation of the Media High Council and how it has been balancing the seeming contradictory responsibilities of protecting and controlling media from 2007 to 2010. / Communication Science / M.A. (Communication)

Financail Accounting / D.Com. (Applied Accountancy)

Text in Afrikaans / Die sogenaamde vermoede van onskuld is via die Engelse Reg in ons reg oorgeneem en tot konstitusionele status verhoog met die daarstelling van artikel 25(3)(c) van die Grondwet, No. 200 van 1993. Hierdie reg om onskuldig geag te word en die gepaardgaande swygreg, wat hier kortliks aangeraak word, kan egter aan beperking onderhewig wees soos bepaal deur artikel 33 van die Grondwet. Die beginsels soos ontwikkel in Kanada en Amerika word ondersoek. Die slotsom waartoe geraak word is dat, alhoewel historiese en ander verskille deurgaans voor oe gehou sal moet word, die regspraak in genoemde jurisdiksies, en meer spesifiek Kanada, 'n groat rol sal speel by die inhoud wat die SuidA: frik:aanse howe, in die konteks van statutere vermoedens, aan die konstitusionele reg om onskuldig geag te word, sal gee. / The so-called presumption of innocence has been inherited from the English common law and awarded constitutional status by the introduction of section 25(3)(c) ofthe Constitution, Act 200 ofl993. This right to be presumed innocent and the accompanying right to remain silent, which is briefly touched upon, are however not absolute and can be subject to limitation as provided for by section 33 ofthe Constitution. The principles, as they have been developed in Canada and America, are investigated. The conclusion which is drawn is that, despite historical and other differences, it can be expected that foreign jurisprudence, particularly that of Canada, will play a major role in the content that will be given by the South African courts to the right to be presumed innocent in the context of statutory presumptions. / Criminal & Procedural Law / LL. M.