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Doctor Legum - LLD / This study analyzed the investigation and prosecution of corruption in Uganda. The study assessed the phenomena of corruption and how it can create an unjust society. It also examined the legal framework governing the investigation and prosecution of corruption in Uganda. The study thereafter discussed the institutional framework governing the investigation and prosecution of corruption in Uganda and its limitations. It further appraised the legal framework governing the private prosecution in Uganda. It also dealt with the possibility of using private prosecutions to fight corruption, where public institutions charged with the duty are weak or have been compromised by an undemocratic environment within which they are situated.

The current research emerged in response to recent alerts of increasing organisational safety failures in New Zealand’s high risk industries. It was theorized that safety climate may be largely determined by the quality of safety-centered leadership under which an organisation operates. The study utilized reports of organisational safety prosecutions within New Zealand to develop a quasi-experimental design which compared persecuted and non-prosecuted company’s leaders on measures of ethical values, moral philosophy, social responsibility, corporate psychopathy, and leadership style. Issues of response rate inherent to the study design were encountered during data collection, and no significant between group differences consistent with the study predictions were found. Theoretical and practical interpretations are made in light of the results, suggesting that dynamics within group-decision processes and the top governing structure of companies may be significant factors in affecting leader safety performances within these industries.

Magister Legum - LLM

Magister Legum - LLM / The concept of transitional justice keeps changing as the concept of conflict changes. The paper analyses the transitional justice process in Kenya after the 2007-2008 Post-Election Violence. Very little has been written on the success or failure of transitional justice in Kenya after eight years of the implementation of transitional justice mechanisms which included truth commission, criminal prosecutions and recommendations on reparations. Furthermore, the architects of Kenya’s transitional justice process failed to put in place a mechanism against which the progress of transitional justice could be measured. It was therefore necessary to analyse the overall transitional justice process in Kenya to determine its efficacy. Kenya’s transitional justice process seemed to be a stand-alone occurrence with no ties to the laws or the various institutions in the country compared to Uganda's national transitional justice policy. The transitional justice process as a whole did not assign rights and responsibilities to the public, the three arms of government, the devolved governments, civil society or non-governmental organisations so that the various stakeholders could then check and balance each other with the aim of ensuring that transitional justice would be implemented. To date, there are still calls for the full implementation of the transitional justice processes especially in light of the International Criminal Court having terminated the last case in relation to the post-election violence as well as Kenya’s impending general elections in 2017. This paper begins by introducing transitional justice in Kenya and providing the 2007-2008 PEV as a background. The paper then investigates the ideal circumstances for implementing transitional justice mechanisms. In the case of Kenya, it is concluded that the situation in 2007-2008 PEV did not conform to the traditional context of societies in transition. Whereas there was no regime change that preceded the 2007-2008 PEV, there were human rights violations which were ethnically driven. The study illustrates how the violation of human rights depended on the ethnic tribe the person belonged to, hence identifying the main problem in the 2007-2008 PEV as negative ethnicity. Looking at the contextual precedence set by Latin American countries and later followed by other countries undergoing change, ethnicity has not been dealt with and to this extent Kenya presents a unique situation. The paper concludes that each of the transitional justice mechanisms implemented in Kenya had no impact on Kenya and as a result, the whole transitional justice process had failed. The paper recommends that stakeholders address and solve the inter-tribal fears and suspicions in order to create an opportunity for the different tribes to establish a relationship based on transparency. In the alternative, the paper recommends the adoption of the Territorial Self-Governance (TSG) which allows ethnic groups in a particular sovereign region to regulate their own affairs thus reducing the risk of ethnic tensions on account of one group's concerns not being addressed adequately. Ultimately, the paper recommends that the Truth Justice and Reconciliation report be tabled before Parliament for approval in order for the transitional justice mechanisms to be implemented fully. / German Academic Exchange Service ( DAAD)

This thesis on The Role and Activities of the Prosecuting Attorney in Criminal Proceedings attempts to comprehensively analyse the role and activities of the prosecuting attorney within the Czech legal regulations of prosecuting attorneys whereas the prosecuting attorney is a completely irreplaceable party within criminal proceedings. His role in criminal proceedings is highly significant and he is able to affect criminal proceedings through his activities more than anyone else. This thesis is mainly focused on the comparison of the actual Public Prosecutions Act and the legislative intention of a new Public Prosecutions Act. The thesis finds the positives and negatives of the prepared act and shows them in conclusion. This thesis is composed of four chapters, some of them further subdivided into parts and subparts. Chapter One is introductory and describes the historical progression of public prosecution in the Czech state as well as in other states of Europe. The Chapter is subdivided into four parts where every part illustrates a different historical period. Part Two consists of four subparts. Chapter Two deals with the constitutional definition of a prosecuting attorney. Chapter Two is not subdivided into parts. Chapter Three is subdivided into five parts and provides an outline of the main...

Magister Legum - LLM / This thesis advocates the expansion of the field of transitional justice to address corruption in African states emerging from conflict or authoritarianism. There is a close connection between corruption and conflict or repressive regimes in Africa. A good example is the Arab Spring of 2011, where citizens of Tunisia, Egypt and Libya protested against endemic corruption, leading to removal of despotic leaders from power. Dictators or conflicts tend to leave African states in situations where their coffers have been emptied corruptly and their citizens subjected to serious physical violence. What is more, corrupt and oppressive leaders use their ill-gotten assets to escape liability for their crimes. The evident link between the two forms of abuse makes it desirable to address them simultaneously when the dictatorship or conflict ends. Many African countries have deployed transitional justice mechanisms, such as criminal prosecutions, truth commissions, institutional reforms and reparations to address violations of civil and political rights. However, they have neglected corruption and other violations of social and economic rights, notwithstanding their crucial role in the violent past. Many countries still are haunted by the unresolved legacies of corruption and other socio-economic injustices. Recently, scholars and practitioners in the fields of transitional justice and anti-corruption have started to call for corruption and other socio-economic issues to be accommodated within transitional justice programmes. Problems encountered with the expansion of transitional justice mechanisms have not been worked out yet at the level of theory, policy and practice. This thesis subscribes to transformative justice theory as the most viable perspective from which to tackle corruption in transitional societies in Africa. Transformative justice theory is gaining increasing attention in the field of transitional justice, and it has been incorporated in the recent African Union Transitional Justice Policy. It champions locally driven mechanisms which reflect the needs of the victims and local communities, and which pursue socio-economic justice and transformation. The thesis argues that the current transitional justice mechanisms have the potential to become transformative and it will seek to answer how best each of these mechanisms may be implemented to address corruption. It is hoped that this thesis will assist in answering critical questions regarding the proximate relationship between corruption and violence, and in offering guidelines towards the total integration of an anti-corruption agenda into the field of transitional justice in Africa.