The promotion of sustainable development is an objective shared by African Union (AU) member states and the pursuance thereof is expressly mandated by the Constitutive Act of the African Union, 2000 and the Treaty Establishing the African Economic Community, 1992. Lack of access to modern energy sources, such as electricity and the heavy reliance on traditional biomass as primary energy source are factors contributing to the non-achievement of the promotion of sustainable development. These factors are collectively referred to as energy poverty. The African Continent as a whole has limited, and in some instances, lack access to modern energy sources while the majority of its population relies heavily on traditional biomass as primary energy source. Africa can accordingly be classified as an energy poor region–a situation which does not bode well for the promotion of sustainable development. Access to reliable, affordable, economically viable, socially acceptable and environmentally sound energy services and resources is fundamental to socio-economic development. Mitigating the impacts of energy poverty and more specifically lack of access to modern energy sources on the sustainable development of Africa depends upon ensuring increased access to modern energy sources. The above-mentioned instruments furthermore contain provisions which link regional cooperation on the formulation of coordinated regional law and policy on areas/matters of common concern with the achievement of the objective of promoting sustainable development in Africa. One of the areas of common concerns listed is that of energy. Regional cooperation must accordingly be geared towards the effective development of the continent‘s energy and natural resources; promoting the development of new and renewable energy in the framework of the policy of diversification of sources of energy; and establishing an adequate mechanism of concerted action and coordination for the collective solution of the energy development problems within the AU. The formulation of coordinated energy law and policy should take place with reference to the specific sources of energy to be regulated. In this regard, the provisions of the Abuja Treaty and other sub-regional energy access initiatives list various sources of energy as forming part of a diversified AU energy mix – one of which is nuclear energy. In this study recommendations are made as to what should be embodied in a coordinated AU regional nuclear legal framework aimed at regulating increased access to nuclear energy capable of contributing towards the promotion of sustainable development. The recommendations are based on an examination of relevant international, regional and sub-regional legal instruments and other initiatives. / PhD (Law), North-West University, Potchefstroom Campus, 2014

Text in English / The study sought to assess the quality of library services by investigating the gaps between various service quality variables using the LibQUAL, SERVQUAL and SERVPERF models. The pragmatic paradigm formed the basis of this study while the mixed methods approach was adopted. The convergent parallel mixed methods design where both quantitative and qualitative data collection methods and data were integrated was adopted. Using the side-by-side comparison style, both sets of data were separately analysed and presented. The results were then compared to establish if they confirm or disconfirm each other. Questionnaires were administered to 94 users of the library. To calculate the level of service quality, the study measured the service adequacy gap (SAG), service superiority gap (SSG), zone of tolerance (ZoT), and D-M scores. Followup focus group discussions (FGDs) were conducted to validate, supplement and further explore the issues that arose from data collected using the questionnaires. The findings revealed a gap between the users’ expectations and perceptions of service quality and that library services were not meeting users’ expectations. The users’ expectations exceeded their perceptions since all service quality scores (SAG, SSG, ZoT and D-M scores) were either low or negative. Generally, the library performed well in the dimensions that touch on human aspects of the library but did poorly in the aspects that touch on information collections, library space and equipment. There were no significant differences between the protocols, with the overall gaps between perceptions and desires being all negative. The findings of the FGDs confirmed those of the questionnaires. The study recommended that the Court should allocate resources in a way that ensures human aspects of the library remain at high levels of service quality, while the shortcomings on aspects of information control, library space and equipment addressed. However, while addressing the physical space aspects, the library should bear in mind that users did not rate them as important for their purposes. This means that the library will need to invest in electronic content that can be accessed remotely by users. In view of the findings, the study concluded by developing a service quality framework on quality improvement and its sustenance at the library and the Court at large. / Information Science / D. Litt. et Phil. (Information Science)

La revendication et/ou suggestion d'une africanisation du maintien de la paix en Afrique devait conduire à la réforme du système africain de sécurité. Il s'agit d’une réforme tant normative qu'institutionnelle menée en vue de donner une nouvelle orientation au cadre opérationnel dans l’optique d’une meilleure contribution du continent au maintien de la paix et de la sécurité internationales. Ce travail s'est opéré à la fois au niveau régional et au niveau des communautés économiques régionales (CER) qui font partie intégrante de l’architecture africaine de paix et de sécurité telle que construite au sein et autour de l’Union africaine. Le plus emblématique est pour l’UA de s'être dotée d’un droit d'intervention là où certaines CER, à l'instar de la CEDEAO, avaient déjà pris des initiatives, afin de répondre aux crises les plus diverses dont le génocide. A tout prendre, il s’agit d'une avancée significative du système ainsi mis en place. A l’observation toutefois, on peine à voir un modèle typiquement africain des opérations de maintien de la paix, tant il est vrai que les deux segments, organisation et déploiement opérationnel, laissent apparaître une hétéronormativité et un déploiement pluri-institutionnel. Cela découle sans doute de la prégnance de la fragilité de certains acteurs étatiques qui frise tout élan de construction d’un système communautaire de sécurité fort, nécessitant au surplus des mesures de (re) construction de l’Etat, appuyée par les institutions internationales dont la première d’entre elles - l’ONU. / The demand and/or suggestion of an Africanization of peacekeeping in Africa should lead to the reform of the African security system. This is a normative and institutional reform aimed at giving a new orientation to the operational framework in order to enhancing the continent's contribution to the maintenance of international peace and security. This work has been carried out both at the regional level and at the regional economic community (REC) level, which are an integral part of the African peace and security architecture as built within and around the African Union. The most emblematic is for the AU to have a right of intervention where certain RECs, like ECOWAS, have already taken initiatives to respond to the most diverse crises including the genocide. On the whole, this is a significant step forward in the system thus put in place. However, it is difficult to see a typical African model of peacekeeping operations, as it is true that the two segments, operational organization and deployment, reveal a heteronormativity and a multi-institutional deployment. This is probably due to the fragility of certain state actors, which hampers any effort to build a strong Community security system, which in addition requires measures to (re) build the state, supported by international institutions, Starting with the first - the United Nations.

The promotion of sustainable development is an objective shared by African Union (AU) member states and the pursuance thereof is expressly mandated by the Constitutive Act of the African Union, 2000 and the Treaty Establishing the African Economic Community, 1992. Lack of access to modern energy sources, such as electricity and the heavy reliance on traditional biomass as primary energy source are factors contributing to the non-achievement of the promotion of sustainable development. These factors are collectively referred to as energy poverty. The African Continent as a whole has limited, and in some instances, lack access to modern energy sources while the majority of its population relies heavily on traditional biomass as primary energy source. Africa can accordingly be classified as an energy poor region–a situation which does not bode well for the promotion of sustainable development. Access to reliable, affordable, economically viable, socially acceptable and environmentally sound energy services and resources is fundamental to socio-economic development. Mitigating the impacts of energy poverty and more specifically lack of access to modern energy sources on the sustainable development of Africa depends upon ensuring increased access to modern energy sources. The above-mentioned instruments furthermore contain provisions which link regional cooperation on the formulation of coordinated regional law and policy on areas/matters of common concern with the achievement of the objective of promoting sustainable development in Africa. One of the areas of common concerns listed is that of energy. Regional cooperation must accordingly be geared towards the effective development of the continent‘s energy and natural resources; promoting the development of new and renewable energy in the framework of the policy of diversification of sources of energy; and establishing an adequate mechanism of concerted action and coordination for the collective solution of the energy development problems within the AU. The formulation of coordinated energy law and policy should take place with reference to the specific sources of energy to be regulated. In this regard, the provisions of the Abuja Treaty and other sub-regional energy access initiatives list various sources of energy as forming part of a diversified AU energy mix – one of which is nuclear energy. In this study recommendations are made as to what should be embodied in a coordinated AU regional nuclear legal framework aimed at regulating increased access to nuclear energy capable of contributing towards the promotion of sustainable development. The recommendations are based on an examination of relevant international, regional and sub-regional legal instruments and other initiatives. / PhD (Law), North-West University, Potchefstroom Campus, 2014

This study on "The road to constitutionalism and democracy in post-colonial Africa: the case of the Democratic Republic of Congo" revolves around a major research problem: What has been the road to constitutionalism and democracy in Africa since independence and how can constitutionalism and democracy be established and consolidated on the African continent? The importance of the problem and its implications for the life of millions of African people and the state of the literature still dominated by persons foreign to Africa make constitutionalism and democracy one of the most fascinating and challenging intellectual projects, particularly among African scholars. This work is a contribution to the development of knowledge and to the building and consolidation of constitutionalism and democracy in Africa. It revisits and critically examines the concepts and the various discourses and voices we have heard form both inside and mostly outside the continent. It highlights the African struggle, explores the major trends, and stresses the challenges and prospects for constitutionalism and democracy in Africa. The Democratic Republic of Congo (DRC) is a case study. The research deals with the unfinished struggle of the people of the Congo and explains why the Congo has gone from DRC to DRC via Zaire, from one crisis of the Congo in the 1960s to another crisis of the Congo since the early 1990s and why the DRC history has been rehearsing in a vicious circle of coups and countercoups, rebellions, unsuccessful national conferences, authoritarian and unconstitutional regimes. Central to the crisis in many African states, including the DRC, is the crisis of constitutionalism and democracy and the failure of the post-colonial state. The study ends with the conclusion that constitutionalism and democracy also belong to Africa and constitute a prerequisite for African survival and renaissance. / Constitutional and Public International Law / LL.D.

The purpose of this study is to analyse the role of the Organisation of African Unity (OAU) as an international governmental organisation in regional co-operation and stability from 1963 until 2000. It is also aims to evaluate the OAU's success or failure as the initiator of African unity and the driver of regional co-operation and stability in Africa within political, economic and social spheres. As background, the motivation for the study is discussed and the problem is stated. From this, research questions are formulated, and objectives identified. Three hypotheses are formed, which the study aimed to prove. The range of core theoretical foundations, concepts, characteristics, theories, approaches and classifications are examined in detail as foundations for an understanding and evaluation of the role of the OAU. Regional organisations as a phenomenon are also studied in-depth with reference to their nature, meaning and historical origins. Inter-state relations in the international community are theoretically explored, as well as the position and potential of regionalism within international public administration. Concepts, characteristics, types and functions of regional organisations and the role of co-operation, sovereignty and supra-nationalism in regional co-operation are covered. Following this, a study is made of the historical origins, nature and character of Pan-Africanism and the evolution of the OAU. Based on the structural-functional approach, the nature and essential characteristics of the organisation are analysed, with reference to its structures, and the tasks of the Secretary-General and its various commissions. In addition, the former relationship between the OAU and the UN is also highlighted. The role of the OAU is evaluated as a regional organisation involved in the establishment of regional co-operation in Africa in the political, economic, cultural and social spheres. The study concludes with an evaluative synthesis of its findings, proposals and conclusions. The OAU is found to have been successful in certain regards, but in others, it failed to attain its primary purpose: to forge unity on the continent and to create co-operation among states. Its successor, the African Union could learn some valuable lessons from the OAU's history. / Public Administration and Management / (D.P.A.)

In a democracy it is the citizens who choose their leaders. Through elections, the people constitute government to preside over public affairs. However, in several African countries the quality of the elections has been vitiated by fraud, incompetence, unequal playing field and violence. Part of the problem is historical. Within the first decade of attaining independence in the 1950s and 1960s, many African regimes rapidly descended into autocracy and many countries formally recognised one-party regimes. Despite many one-party regimes having been abolished after the democratisation wave of the late 1980s and early 1990s, challenges of holding free and fair elections persist. Several elections held since this democratic wave were generally not considered by independent observers as free and fair. Indeed Africa has become well known for flawed elections, such as was the case in the 2007 elections in Kenya, the 2008 elections in Zimbabwe and the 2010 elections in Ivory Coast. Due to the stifled democratic climate, where even elections had a predetermined outcome, coups became a common and regular method of showing discontent or removing government. While the phenomenon of problematic elections is going on, at the continental level, Africa seems to be making renewed commitment towards democratic governance. With the transformation of the Organisation of African Unity (OAU) into the African Union (AU) through the adoption of the Constitutive Act of the African Union in 2000, the AU, inter alia, committed to promoting “democratic principles and institutions, popular participation and good governance” and seems determined to depart from the legacy of poor governance. It is in view of the foregoing background that this research sought to investigate the challenges the judiciary in Africa has faced in adjudicating presidential election disputes. And, in light of the growing trend towards establishing common African democratic standards and seeking collective solutions, the research also sought to explore the viability of establishing a continental supranational mechanism for resolving disputed presidential elections through adjudication. / Public, Constitutional and International Law / LL. D.

A rebours du schéma élaboré dans le cadre du Traité d’Abuja signé le 3 juin 1991 par les Etats membres de L’Organisation de l’unité Africaine (OUA), la divergence actuelle des systèmes régionaux africains constitue une dénaturation de l’approche convenue. Ce texte prévoit en effet dans son article 6, la création des Communautés économiques régionales (CER) comme une modalité de l’intégration continentale. A ce titre, huit CER sont aujourd’hui reconnues par l’Union Africaine : la Communauté Economique des Etats de l’Afrique de l’Ouest (CEDEAO) ; la Communauté Economique des Etats de l’Afrique Centrale (CEEAC) ; la Communauté de l’Afrique de l’Est (CAE) ; la Southern Africa Development Community (SADC); l’Autorité Intergouvernementale pour le Développement (IGAD); le Marché Commun de l’Afrique Australe et Orientale (COMESA); l’Union du Maghreb Arabe (UMA); et la Communauté des Etats Sahélo-Sahariens (CEN-SAD). L’établissement de la Communauté économique africaine instituée par le Traité, reste subordonné à la réussite de ces systèmes communautaires régionaux. Toutefois, la multiplication d’autres organisations communautaires sous-régionales - en plus de celles reconnues - d’une part, et la mise en œuvre de programmes et activités similaires dans le domaine économique d’autre part, tendent à compromettre la réalisation du projet africain. Cette situation fait échec au concept de départ qui établit le principe d’une exclusivité régionale à la faveur de la CER reconnue. A cause de chevauchements des objectifs poursuivis, il s’ensuit entre les organisations régionales, des rapports de rivalité plutôt que de complémentarité, aboutissant à la coexistence des systèmes d’intégration concurrents. Les rapports entre les CER et l’Organisation continentale rendent également visibles les insuffisances liées à la coordination du processus projeté. L’Union Africaine ne disposant pas du tout ou pas suffisamment des moyens juridiques lui permettant une intrusion dans la mise en œuvre des programmes communautaires régionaux, l’application des dispositions du Traité d’Abuja par les CER, ne semble pas homogène. La matérialisation des ambitions affichées par les Etats signataires demeure à ce jour conditionnée par la rationalisation de l’intégration envisagée. Cette étude vise à proposer quelques pistes de solutions en ce sens. / In stark contrast to the vision which emerged from the Treaty of Abuja, ratified by the member states of the Organisation of African Unity on the 3rd of June 1991, the present divergence of regional systems in Africa constitutes a serious distortion of the approach that was agreed upon. Indeed, in Article 6, the treaty sets forth the “strengthening of existing regional economic communities” (RECs) as a means of achieving integration on a continental scale. Along these lines, the African Union now recognizes eight RECs: the Economic Community of West African States (ECOWAS), the Economic Community of Central African States (ECCAS), the East African Community (EAC), the Southern African Development Community (SADC), the Intergovernmental Authority on Development (IGAD), the Common Market for Eastern and Southern Africa (COMESA), the Arab Maghreb Union (AMU), and the Community of Sahel-Saharan States (CEN-SAD). As laid out in the treaty, the establishment of the African Economic Community is entirely dependent upon the success of these regional community systems. At the same time, the increase of other community organisations at the sub-regional level, beyond those officially recognized, on the one hand, and the implementation of similar programmes and activities, on the other hand, tend to endanger the realisation of the African project. This situation flies in the face of the original idea, which was based on the principle of the regional exclusivity of the recognized RECs. As a result of the various overlapping goals that are being pursued by difference organisations, competitive rather than complimentary relations have led to a coexistence of rival systems of integration. The relations between the RECs and the continental organization (the AU) have also made apparent the inadequacy of the coordination procedure that had been envisaged. As the African Union does not have sufficient legal means at its disposal to intervene in the implementation of regional community programmes, the execution of the Treaty of Abuja by the RECs lacks homogeneity. In order to achieve the ambitions declared by those member states who signed the treaty, a rationalisation of the proposed integration is necessary. The present study puts forward several proposals as to how such a rationalisation may be accomplished.

Magister Legum - LLM / Hybrid Courts are the latest innovation in the prosecution of international crimes after the era of the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Examples include; the Extraordinary African Chambers in the Courts of Cambodia, the Regulation 64 Panels in the courts of Kosovo and the Special Court for Sierra Leone. The hybrid court model at its inception was believed to be the panacea for the short comings of purely international tribunals. The characteristic location of the tribunals in the locus of the atrocities and the participation of local judicial officers alongside their international counterparts was expected to promote legitimacy and foster capacity building for conflict ravaged transitional states. Despite the criticisms of the model today, a new hybrid court has recently been inaugurated to prosecute Hissène Habré the former President of Chad, for international crimes committed during his presidency. The promulgation of the Extraordinary Chambers in the Courts of Senegal suggests that the model continues to be useful, especially for Africa. This is of particular significance since international criminal justice has lately come under attack on the continent. The on-going feud between the African Union and the International Criminal court is only the most prolific example of this. This research paper explores the dimensions of the challenges facing the legitimacy of international criminal justice in Africa and the extent to which the hybrid court model can provide a solution for them. In order to do so, the study begins by addressing the meaning of legitimacy within the African context. A general discussion of hybrid tribunals, as well as the specific manifestations of the model in Africa so far, follows. The Special Court for Sierra Leone and the Extraordinary African Chambers in the Courts of Senegal are distinguishable from each other in structure and are thus juxtaposed in order to illuminate possible improvements on the hybrid court model for the future.

Magister Administrationis - MAdmin / The African continent has over the past 40 years witnessed a continued scourge of violent conflict and human rights abuses. These conflicts have significantly undermined the social, political, and economic prosperity of African citizens. Additionally, women and children are particularly affected by these conflicts. Women and children are regarded as ‘the most vulnerable’ as they often become the targets of sexual abuse by the enemy. The African Union (AU) is primarily responsible for the resolution of conflicts on the continent. It professes to be committed to the prevention of human rights abuses and the protection of African women (and children) during armed conflicts. It has thus developed an array of mechanisms, protocols, and instruments to address the exploitation and sexual abuse of women during conflict periods. These instruments include: The Constitutive Act of the AU (2000); The Solemn Declaration of Gender Equality in Africa (2003); the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa- ACHPRWA (2004); and the Protocol relating to the Peace and Security Council. In this research project, I consider whether the narratives used in these AU documents sufficiently and explicitly address the use of rape as a strategic weapon during armed conflicts; or whether these narratives inadvertently contribute to a culture that perpetuates war-time rape. My analysis shows that these AU documents deal with war-time rape in very vague and euphemistic terms. Although gender discrimination, sexual violence, exploitation, discrimination, and harmful practices against women are condemned, the delegitimization of rape as a weapon of war is not specifically discussed. This allows for varying interpretations of AU protocols, including interpretations which may diminish the severity of strategic rape. This has lead me to propose that the narratives used in these AU protocols and related documents draw on patriarchy, perpetuate patriarchy, and thus inadvertently perpetuates a culture that perpetuates the use of rape as a weapon of war