Gender Based Violence (GBV) is not just an institutional problem but a global one. Higher education institutions have come under fire for inadequate policies and processes to address sexual violations on campus. Despite progressive policy revisions and advocacy at South African universities over the years, there is no indication of either a reduction in the number of cases or an increase in confidence in institutional responses to sexual offences. This dissertation reviews the sexual offences policies and procedures at six South African universities and highlights the challenges in the university student disciplinary process. Drawing the distinction between a criminal trial process and administrative hearing process, I make recommendations for procedural changes to the university disciplinary process that protects the complainant in a sexual offences case from unnecessary trauma during hearings.

South Sudan gained independence on 9 June 2011 after a prolonged period of oppression and conflict which was fuelled by a combination of factors including race, religion, the denial of human rights and dignity for the people of the south. Independence from Sudan ushered in a hope that the conflict-affected population could have a homeland of their own to live in peace and dignity. However, since independence, the achievement of good governance and the protection of human rights have been considerable challenges for South Sudan. The outbreak of civil war barely two years into independence further heightened the woes of the country creating a protracted humanitarian situation, rolling back development gains and weakening the functionality of governance institutions including those relevant to justice and law enforcement. Within this context of conflict, poverty and bad governance, an emerging concern is the prevalence of prolonged and arbitrary arrest and detention (PAD) in the criminal justice sector of South Sudan. While recognising that PAD occurs due to a combination of factors in any context, the thesis identifies three cardinal factors which have rendered PAD an inevitable component of the criminal justice sector in South Sudan. These include 1) the substantial geographic size and coverage of the country; 2) the limited financial and logistical resources available to justice and law enforcement institutions and; 3) limited human rights awareness and culture in South Sudan. The thesis investigates the historical, socio-economic and political context of South Sudan and demonstrates how the intervening factors passively or actively contribute towards PAD in post-independent South Sudan. The thesis also investigates the definition and peculiarities of the various acts and omissions that constitute PAD and analyses how it contravenes national and international law and human rights principles and standards. The thesis also highlights the social, economic and cultural impact of PAD and determines that these cumulative factors render PAD an inevitable component of the criminal justice system in South Sudan. The thesis relies on pre-existing theoretical and basic research for information and data relevant to the study. These materials include publications such as academic materials and human rights monitoring reports principally from three sources: Amnesty International, Human Rights Watch, and the United Nations Mission in South Sudan. The thesis also makes significant references to legislation, case laws, reports and statistical data from relevant institutions in South Sudan and other jurisdictions. Finally, international human rights treaties and conventions (some of which South Sudan has acceded to) are also reviewed in explaining and determining the legality and applicability of human rights law, concepts and practices locally. The thesis finds that the negative and harmful consequences of PAD occur at the individual, family, and national levels. Among others, the thesis identifies the right to access justice, including the rights to due process and liberty and security of persons as the main human rights violated by PAD. The thesis further notes that PAD significantly undermines the confidence and trust of the population in the justice and law enforcement institutions in South Sudan. Finally, the thesis also finds that unless the Government of South Sudan takes deliberate action to address the three cardinal factors, preventing and responding to PAD will be a difficult proposition. The thesis makes several recommendations for preventing and responding to PAD in South Sudan. Recommendations include capacity building at the sectoral and institutional levels, including the development of sectoral strategic planning; effective coordination of justice and law enforcement institutions; promoting human rights awareness, making legal aid available and accessible to all; effective data and harnessing information, communication technology (ICT) for justice and law enforcement and promoting the full engagement and participation of the demand side in addressing PAD in South Sudan.

In this thesis, I argue that the present jurisprudence, particularly constitutional law and the common law of South Africa all lend support to the case for decriminalising physician assisted suicide through invoking a right to die with dignity (RDD). This argument is foundationally premised on the clear jurisprudence of the Constitutional Court which sets out the right to dignity and the value of dignity as the touchstone of the South African Constitution. The historical origin and development of the idea of dignity are traversed as well as how this idea found its way to the heart of our constitutional jurisprudence. The study then expounds on the similarities between the South African Constitution and the Canadian Charter of Rights and Freedoms and by comparing each of their Limitations Clauses proceeds to demonstrate how our Constitutional Court may follow analogous principles and reasoning to decriminalise physician assisted suicide by taking a similar approach to that taken in the Supreme Court of Canada. The argument is developed to posit that the South African Constitution with its emphasis on dignity allows for an even more compelling rationale for the decriminalisation of assisted suicide than was available to the Supreme Court of Canada. This thesis also analyses in some detail the present position of assisted suicide at common law and argues that when properly understood, though the legal position is confusing and contradictory, the common law is not in conflict with the potential decriminalisation of physician assisted suicide. Having clarified the present legal position and avenues for the development of the law, the main ethical arguments which inform and underlie the good morals which in turn underlies public policy, the so-called boni mores are considered. The point is made that the boni mores underlies our common law, and when this changes over time, our common law should follow suit. Having concluded that a key element of a decriminalised regime must include sufficient safeguards to protect the weak and vulnerable in our society, an analysis of the law in jurisdictions that have decriminalised physician assisted suicide and/or physician assisted euthanasia is undertaken which in turn culminates in a draft of proposed legislation for South Africa. The thesis points to studies which suggest that the experience in jurisdictions that have enacted a permissive physician assisted suicide regime has been largely positive. People in those jurisdictions who have explicitly chosen to exercise the right to die with dignity have avoided finding themselves in the inhumane condition of being compelled against their will to suffer interminably and unnecessarily. Whilst permissive legislation where available has succeeded in the aforesaid, such legislation does not appear to have resulted in a drop in the overall protection of human rights and the exposure of the vulnerable to harm, as was argued would be the case by those who have historically opposed physician assisted dying legislation. These facts which have become available from early-adopting jurisdictions for several decades now, and from ever more jurisdictions as physician assisted dying legislation is being ever widely passed, now show that the greatest fears of opposers have not come to pass. The study concludes that taking all of the above findings into consideration there appears to be a favourable legal framework and a preponderance of evidence to support a right to die with dignity in South Africa.

Mapping global climate change negotiations from 1992 to 2015, this thesis set out to examine how African states have sought to interpret the principle of equity within international climate change negotiations and the extent to which climate change treaties, from the United Nations Framework Convention on Climate Change (UNFCCC) to the Paris Agreement, have reflected these notions of equity. The thesis examined the inequality in the volume of country emissions, and the financial and technological ability of different state parties to undertake climate change action and the implication of these inequalities on the distribution of rights and responsibilities within climate change treaties. This thesis has shown that in various negotiations pertaining to the development of climate change treaties including the Paris Agreement, African states have consistently advanced arguments about equity that reflect principles of distributive and restorative justice. In advancing this interpretation of equity, African states have argued that they should be excluded from onerous legal obligations under these treaties so that climate change action does not impede the realisation of their developmental objectives. For them to bear such responsibilities, they have been arguing, their fulfilment can only be guaranteed if there is adequate financial and technological support from developed states. This thesis shows that there is credibility in the arguments. First, science has shown that developed states are responsible for the majority of the global emissions of greenhouse gas. It, therefore, follows that they should bear primary responsibility for addressing the consequences of such emissions. Secondly, developed states are better equipped with the finances and technology necessary for tackling climate change. To place the financial and technological responsibility for climate change on African states would be to place on them an unfair burden, which, in any case, is impossible to be borne by them; lex non cogit ad impossibilia. The thesis argued, however, that the differentiation of rights and responsibilities with respect to climate change cannot apply indefinitely. There must be a ‘cut-off' point. Developed states cannot be held perpetually liable for global emissions. As developed states' emissions decline and that of African states and other developing states increase, the distribution of rights and responsibilities must reflect this change. The current differentiation should only apply as a transitional window for developed states to reduce their emissions and for African states to pursue development and increase their capacity to respond to climate change and its challenges. v In this transitional period, the necessary climate technologies must be viewed as global public goods from which no state should be excluded.

Chapter 6 of the Prevention of Organised Crime Act 121 of 1998 (‘POCA') presents a means for forfeiture of property to the state which was either instrumental to an offence, or the proceeds of unlawful activity, without necessarily proving criminal wrongdoing beyond reasonable doubt. At the advent of POCA the consensus amongst legal commentators was that it could be constitutional, provided that courts remain alive to statutory and common law safeguards to prevent the unconstitutional use of POCA by the state. Over twenty years since POCA's enactment, it appears from a review of its case law that it still sits on the precipice of unconstitutionality. This thesis identifies the key constitutional issues which have arisen in the application of Chapter 6 of POCA. The premise which underlies Chapter 6 of POCA, that a criminal wrongdoer should not be allowed to benefit from their crime, cannot be faulted. What appears from the enquiry that follows is that POCA's use is wider than this premise. That is, POCA's application has gone beyond simply preventing criminals from benefitting from their crimes. In this regard, victims of crime and innocent parties are being subjected to forfeiture in terms of POCA and POCA is being used as a means of civil recovery (even where there is not criminal wrongdoing). What makes this wide use particularly problematic is the fact that POCA makes various inroads into certain Constitutional rights, as are discussed below, on the justification that these limitations of rights are in the pursuance of fighting crime. When these rights are limited for purposes other than fighting crime, the justification falls away. Given POCA's wide use in this regard, its interpretation and application in the future needs to be more narrowly interpreted and constrained, to ensure that individual rights are not unjustifiably infringed.

This dissertation undertakes a case review of South African court case judgments (between 1994 and 2021) in which women are charged with killing their abusive intimate partners. The dissertation examines how evidence of their abuse is used in respect of legal defences and mitigation of sentence. In addition to analysing the existing legal framework, the paper presents thematic qualitative information drawn from the judgments to show that a number of themes are apparent in the manner in which evidence is brought and dealt with by the courts. For instance, patterns of disregarding evidence of abuse, and a lack of calling for further evidence where needed. In addition to this, judgments often 'play armchair expert' and show lack of sensitivity and compassion to abused women - this is tightly linked with the concept of victim blaming. Other themes include deterrence as emphasised in sentencing, the notion of a turning point during an abusive spell, the rights of the children involved in abusive relationships, and considering motives for retaliation. The paper concludes by arguing that a contemporary approach to private defence, in light of the developments made in the Engelbrecht case, ought to be the way forward in exonerating women of their criminal culpability where those requirements are met.

Most dispute resolution in South Africa takes place in the lower courts, mainly the Magistrates' Courts (MCs), and they therefore constitute the foundation upon which the country's administration of justice rests. Indeed, since the establishment of a constitutional democracy in South Africa and the declaration of MCs as independent, the lower courts constitute the largest component of the judiciary and the institution where most people seek the protection of the rule of law. Although the critical importance of the work of MCs in communities is common knowledge, very little attention has been given to the subject of lower court dispute resolution in the jurisprudence and the scholarly literature. Under the circumstances, the discourse about judicial independence and courts' effectiveness is situated in a judicial system in which MCs do not feature. Several related explanations may be given for the absence of lower courts from these debates, not least of which is the pre – constitutional historical location of MCs within the executive of a state where an illegitimate Parliament was sovereign. Yet, given the rather obvious present importance of the lower courts in the judicial system, there is a need to draw them to the centre of the debate. This shift is especially important considering the enormous challenges which confront lower courts to effectively adjudicate disputes in high volumes and varied in nature and complexity. When the work of MCs is raised in discussions about the judiciary, commentary is invariably negative in tone especially with reference to the poor quality of judicial decisions and the inefficiency that plagues the judicial system at lower court level. Criticisms of this kind are not unjustifiable but serve little purpose unless they lead to the identification of the root causes, the ways to resolve them and importantly, appropriate remedial action by the responsible institutions. The transformational vision of the Constitution calls for all state organs to support the courts to adjudicate the vast and varied disputes, claims and charges impartially, independently and effectively. However, the veritable invisibility of the issues and challenges that confront MCs in the prevailing discourse may have enabled the responsible entities to neglect it. As a consequence, MCs have continued to function as they did in the pre – constitutional era: still mainly under the governance and management of the executive and in a position of inferiority. As the notion of impartiality and the characterisation of all courts as independent are central to dispute resolution, the issues arising from the debates constitute the core subject matter this thesis traverses. This thesis posits the view that the prolonged, degraded status of lower courts may continue to weaken the public confidence in these courts and may imperil the legitimacy of the judiciary as a whole in the long term.

Cannabis cultivation is documented as a long-standing practice in Africa and Southern Africa specifically (Paterson 2009, Crampton 2015, Duvall 2019, Khan 2015, United Nations Office on Drugs and Crime 2019). The growing of cannabis is concentrated in three African regions; Pondoland in South Africa, the Mokhotlong district in Lesotho and the Hhohho district in Swaziland, with the majority of farmers growing the crop for subsistence (Crampton 2015:57). Cannabis thus holds significant value in supplementing incomes and sustaining livelihoods, especially of cultivators. Considering their geographic and economic positions, the contribution of cannabis to the livelihoods of those who live in the poorest parts of the country is great, yet has been largely ignored (Kepe 2003:605) despite the changing legislative context of cannabis law in South Africa. Moreover, as changes to the legislative framework emerge and the cannabis legalisation debate deepens, one is challenged in locating the voices of the rural farmers who have cultivated cannabis for generations. As an important source of information, they appear to be left out. What are their views? Are they for or against legalisation and why? What are the perceived impacts of legalisation on their continued production of cannabis? In an attempt to garner and understand their views, needs and concerns, this thesis aims to showcase these, and further open up a small window of opportunity to relay the voices of the seemingly voiceless. It emphasises that, without their voices, a nuanced legalisation debate and support for a holistic, progressive, informed, sustainable legislative framework will be tainted.

There are many studies in South Africa that have analysed the definition of vigilantism with a focus on the historical background of the apartheid era. However, research in the field of vigilantism in South Africa has been lacking since the advent of the internet, even though social media has spawned a new form of vigilantism – online shaming. Considering that online public shaming has become prevalent both globally and locally, the focus of this dissertation is the public exposure of people alleged to have committed crimes. The paper shows that small changes to the method of public shaming could enable collaboration with the police. To illustrate this argument the example of Operation Wanya Tsotsi, an online vigilante group, is used. By examining their Facebook page in light of current criminal law remedies, this paper establishes the extent to which their method is problematic and illegal. In addition, it gives an example of what successful collaboration with the police could look like and underlines the advantages and disadvantages of such collaboration. Ultimately, it concludes that Operation Wanya Tsotsi should focus on legal online work to support the police in the fight against crime.

This thesis argues that dignity is central to the realisation of the right to health in Nigeria and shapes the relationship of the Nigerian State with its people. The thesis posits that a contextual understanding of the nature of human dignity in Nigeria is predicated on a social compact where individuals and communities accede to the preservation of the Nigerian State and its union, on the condition that it will manage the power and economic resources of the Nigerian State for the fulfilment of the welfare of every Nigerian. A contextual framing of human dignity in shaping the management of Nigeria's affairs is shown to have been jettisoned over the years. Due to the lack of political will to act for the benefit of the populace, as well as corruption and mismanagement of scarce and limited resources, the Nigerian State has been limited in its ability to fulfil its obligations to the social compact. The result has been a steady decline of the nation's health system at all levels with dire consequences for the lives and wellbeing of the Nigerian people. While important legislative intervention has been made through the National Health Act (NHA)to remedy this dire state of the Nigerian health system, it is not the panacea to the multifaceted challenges facing healthcare in Nigeria. Drawing from other jurisdictions, the thesis shows that the realisation of the NHA will be largely dependent on its social, political, and legal framing. I argue that in the face of persistent State inaction, the courts must act to provide socio-economic justice and State accountability. In providing judicial clarity and enforcement, the courts must be mindful of various pitfalls in the framing of the key legal principles of the minimum core, the test of reasonableness and requirements for the progressive realisation of the right to health. I contend that due to a flawed understanding of the nature and intent of the right to health, there is a risk of undue deference to the State's framing of its obligations and ability to meet those obligations. I propose that the right to health must instead be understood and framed as a vital claim against the State and its power, rather than as simply a social good to be provided on the whims of the ruling class and their own political priorities. I argue that to hold the State accountable to its obligations to fulfil the right to health in a manner that is people centred, the right must be framed as being nested in the maximal respect and realisation of human dignity.