The study looks at the main features of African indigenous law of succession and inheritance in Zimbabwe. It draws a distinction between the forms of inheritance practised between the two major ethnic groups, the Shona and the Ndebele. Whilst the research was mainly aimed at these two groups an investigation into inheritance practice by the South African Zulu and Xhosa counterparts was also made. An investigation into the impact of western influence on succession and inheritance was made taking a look at colonial legislation and case law, the general deduction being that it was a vehicle for attaching customary law to a western type law. After independence there was the issue of the impact of constitutionalism and international human rights law on succession in post colonial Zimbabwe. These were tools for change by bringing in notions of equality between men and women, issues that were highlighted in the cornerstone case of Magaya v Magaya, which was in turn discussed in the light of the Mthemu v Letsela and Bhe trilogy of cases in South Africa. In the final chapter there is a discussion of possibilities of reform and the future of customary law in Zimbabwe the highlight here being conducting proper legal research to ascertain the true purpose of custom.

I am submitting this thesis to the Faculty of Law, the University of Ottawa in fulfillment of the requirements for the Degree of Doctor of Philosophy (Ph.D.) in August 2016. The thesis examined the issue of land-grabbing through an environmental justice lens. The thesis first reviewed the concept of environmental justice and the threats that land-grabbing by powerful transnational corporations pose to subsistence communities in Africa. Additionally, this study investigated the adequacy of international guidelines to regulate against land-grabbing, including the Minimum Human Rights Principles, the Voluntary Guidelines on the Responsible Governance of Tenure, and the Principles for Responsible Agricultural Investments. Using Cameroon as my case study, the study also examined the adequacy of Cameroon’s land tenure rules and environmental impact assessment (EIA) system to protect vulnerable communities against land-grabbing. Drawing on examples from Cameroon, Ethiopia, Ivory Coast, Mozambique, Nigeria, Senegal, Tanzania, and Uganda, this thesis argues that subsistence communities who failed to have their customary land rights formalized or failed to adequately participate in environmental decision-making end up dispossessed of their means of surviving and thriving. There were three key findings: first, international guidelines regulating against global land-grabbing lack the binding force to coerce host states to take the necessary action to enforce the guidelines and, hence promote responsible agricultural investments. Next, the land rights of subsistence Cameroonians are not formally recognized under Cameroon`s land tenure system, making it difficult for vulnerable populations to contest these allocations or receive compensation in the event of expropriation. Thirdly, EIA follow-up in Cameroon is driven entirely by the investor: the EIA system does not encourage a joint follow-up activity initiated by all groups of stakeholders involved in EIA. Without an independent environmental oversight body that can provide expert evaluation and monitor the Cameroon government and (agricultural) corporations, there is no guarantee that proposed mitigation measures will be translated into specific actions by Herakles Farms. Based on the evaluation results, the following recommendations are made to the Cameroon Government to promote environmental justice in communities that are vulnerable to land-grabbing: (1) formalize customary land tenure, (2) promote environmental contracting; (3) encourage sustainability assessments.

The purpose of the thesis is to evaluate the regulation and manner of deregulation in the Czech Republic. The first part describes regulation in general and interest groups approach to the deregulation of rents. In society there are many myths about rent control that are overturned at work. The rent control in the Czech Republic, the legal framework of regulation and regulation impacts are discussed in next part of the work. Then are described the impacts and possible ways of solving problems associated with deregulation. Ways of rent deregulation in selected foreign countries are compared with the way deregulation in the Czech Republic. In the practical part are analysed revenues and expenditures of owner of real estate property during the regulated years and modelled an example of fair rents made with regard to the cost of tenant and lessor.

This is a study of whether, in the introduction of Indigenous oral traditions as evidence in court, they are being in the complex cultural interplay that occurs in courts, and whether, given the central role of oral traditions in Indigenous cultures, the nature of Indigenous Peoples are being transformed in the process when their rights are adjudicated before the courts. Chapter 2 discusses the ways that the Supreme Court of Canada has defined s. 3 5 Aboriginal Title, Rights and Treaty Rights (as unlimited or lawless and therefore a danger to general public interests; assimilated into Canadian sovereignty; removing the source of these rights from the land in their legal definition; and, removing Indigenous laws from their definition). Chapter 3 examines the role that history has played in the legal interpretation of oral traditions, and argues that a primarily historical consideration obscures the alive, legal, and dynamic elements of oral traditions. Chapter 4 discusses the ways in which a methodology of suspicion has operated to reduce and diminish Indigenous oral traditions when they are introduced as evidence in court (rating them as faulty, light weight historic evidence while obscuring their legal content) through a survey of cases that have considered oral traditions at the trial level. Chapter 5 explores the devaluation of the Indigenous laws contained in oral traditions through an acceptance of the common sense assumption that Canadian conservation and safety laws are both rational and necessary. Chapter 6 argues that recognition (or denial) of Indigenous laws is politically contingent, and that despite limited legal recognition (in cases such as Delgamuukw v. B.C. and R. v. Van der Peef), these laws have yet to flow back onto the land, and are yet to be invigorated in Canadian law. There remains a lack of recognition of the legal content of oral traditions, and Indigenous jurisprudences risk being subsumed and transformed when they are introduced as evidence in Canadian courts. / Law, Peter A. Allard School of / Graduate

Studies on African fatherhood represent African fathers as problematic and in South Africa, they are identified as ‘‘emotionally disengaged, physically absent, abusive and do not pay for their children's upkeep'' (Morrell & Ritcher, 2006:81). Many studies link the high rates of absent fathers to poverty and irresponsibility. Such literature is devoid of cultural factors that might be contributing to the high rates of absent fathers in most African communities. Across Southern Africa, intlawulo, a customary practice that involves the paying of a fine by a man responsible for impregnating a woman out of wedlock and his family to the pregnant woman's family. Historically, intlawulo served as a critical means of regulating and mediating unmarried fathers' involvement in their children's lives. Therefore, this explorative qualitative research project explores African fathers' experiences of intlawulo and its subsequent links to father involvement. To gauge their experiences and interpretation of intlawulo and father involvement, I conducted face-to-face in-depth qualitative interviews with a purposive sample of 8 black Xhosa speaking South African fathers from Cape Town who have gone through the intlawulo negotiations for the past five years or less. This study aimed to explore how the customary practice of intlawulo or ‘paying damages' influences a father's involvement in his child's life in Khayelitsha, an urban township within Cape Town. It argued that the payment of intlawulo regulates a father's involvement in childrearing, his interaction with and access to his child. In contrast to how fathering has been described in previous literature, this thesis argues that becoming a father is a process and intlawulo is the entry point where it can be denied, stopped and negotiated.

Magister Philosophiae - MPhil / Ukuthwala is an ancient cultural practice that has been exercised in various parts of South Africa, especially in the Eastern Cape. It occurs in different communities and is informed by traditional beliefs. The man’s family devises a plan to bring the girl to their compound without her knowledge. In some instances, this plan is formulated together with the girl’s family, but when the man’s family acts without the prior knowledge of the girl’s family, they are obligated to inform them by means of a letter, or by delegating a family member, that their daughter is not missing. Furthermore, the man’s family will request a day with the girl’s family for lobolo (dowry) negotiations for the girl. The girl’s family will oversee the process of ukuthwala to ensure that all the requirements are met and that there is mutual understanding between the families; however, this is done without the involvement of the girl child (Mjwara, 2014).

International relations is constructed of ideas and concepts that have won legitimacy through the passage of time. Diplomacy is an ancient practices that has evolved and has become a practice that states have accepted as legitimate. The arrival of the digital world and the new Information Communications Technologies (ICTs) in the diplomatic world has made it possible to adopt trends like engaging in social media applications like Twitter to practice diplomacy. This creates the need to better understand the use of social media platforms as a tool of diplomacy. The growing engagement of Heads of States and Governments in communicating messages on Twitter, the so-called Twidiplomacy, is changing from what was considered a mere “trend” to a “common practice” in the conduct of diplomatic practice. As authorities share their culture through their behaviour and it is further shared and emulated through the use of Twitter by other authorities, these actions create new collective identities and shared knowledge in the diplomatic practice. These trends may lead to new patterns of diplomatic behaviour that may transform the diplomatic practice. Abdullakkutty (2018:11) contends that as an extension of innovative digital diplomacy “the use of social media is so extended that it can easily realise the diplomatic functions of negotiation, representation and communication”. Using a case study of tweets by a few Heads of States and Governments tweeting on similar major diplomatic incidents, this study researches these trends in innovative diplomacy leading to Twidiplomacy and how these are affecting the traditional roles of diplomacy, namely: negotiation, representation and communication. / Mini Dissertation (MDips)--University of Pretoria, 2020. / Political Sciences / MA (Diplomatic Studies) / Unrestricted

MSc (Zoology) / Department of Zoology

MER Mathivha Centre for African Languages, Arts and Culture / PhD (Tshivenda)

Magister Philosophiae - MPhil / This research examines the ways in which the rapid commoditisation of land in Ghana’s peri-urban areas is transforming local customary tenure systems. The research focuses on two selected research sites in Ghana’s peri-urban Kumasi, namely Aburaso and Kromoase. Rapid urbanisation has resulted in an increase in demand for housing land. Consequently, wealthy migrants are moving to peri-urban areas in search of relatively affordable residential land. This has accelerated the commoditisation of customary land in most peri-urban areas of Ghana. Customary forms of tenure are increasingly being converted into individual or private systems of land ownership. Evidence from this study shows that traditional authorities are increasingly alienating customary land without the consent of their subjects. The commoditisation of customary land in Aburaso and Kromoase has resulted in the decline of agrarian production as agricultural land is parcelled out to wealthy outsiders.