To gather together is a natural human activity shared by all people. The majority of these activities take place without the involvement of the government, and is of no interest to the law. In South Africa, the right to assemble peacefully, to demonstrate, to picket or to present petitions, is protected in the Constitution of the Republic of South Africa, 1996. When people gather, be it peaceful or violent, participants run the risk of being arrested for committing offences. The way the government of the day reacts to gatherings influence the policing, prosecution and adjudication of offences arising from the right to gather. Current legislation and common-law offences utilised to curb disorder in South Africa are measured against international and regional case law and guidelines. Most of these case law and guidelines linked to international and regional instruments are similar in many respects, and can be deemed as universally acceptable. It is proposed that the government revisits the mixture of current offences utilised by the prosecution during dissent, public violence or protest action, and that specific public order offences are created, providing for specific unlawful conduct with corroborating sentences. Police powers must furthermore be clearly defined to strengthen the hand of the police to secure law and order, serve as guarantee for the rights and freedoms of everyone, and to create legal certainty. The government must organise applicable public order offences in a single public order act. Legislation applicable to public order must be accessible and easily understandable since protest may be the only avenue for a member of the public to bring his or her plight under the attention of the government. Existing guidelines from applicable international and regional instruments which guide and monitor executive conduct must be included since these guidelines qualify as public order offences. / Criminal and Procedural Law / LL. D. (Criminal and Procedural Law)

Cette étude s’intéresse aux enjeux éthiques de l’advocacy et de la défense des droits comme composante de l’humanitaire d’urgence. Les violences sexuelles sont devenues des instruments de guerre, utilisées à des fins politiques et militaires. Les plaidoyers qui sont habituellement une fonction des organisations humanitaires des droits de l’homme intègrent les interventions humanitaires d’urgence. Le recours à l’advocacy dans le milieu humanitaire expose les missions humanitaires à des tensions et dilemmes éthiques notamment en ce qui concerne l’accès aux victimes et la défense de leurs droits, le principe d’humanité et le principe de neutralité. L’advocacy représente également un danger pour l’image apolitique des organisations humanitaires et ébranle la confiance des États belligérants aux conflits. Face à ces dangers que présente l’advocacy, la question se pose sur les raisons qui peuvent justifier une partie advocacy dans les interventions humanitaires dans le cas des violences sexuelles utilisées à des fins politiques. A partir d’une méthode décrite comme un essai interdisciplinaire et critique de théorie du droit, notre argumentation et nos preuves sont structurées afin de justifier l’hypothèse selon laquelle le silence face au non-respect de la dignité humaine et des droits des victimes est contraire aux valeurs universelles et à l’esprit d’humanité qui sont la raison d’être des actions humanitaires, que cela renforce également l’État de non-droit et l’impunité des auteurs des crimes, mais en même temps cela accentue la stigmatisation des victimes. En effet, le silence des organismes humanitaires qui sont témoins des violations des droits fondamentaux, perpétue la culture du silence qui accompagne habituellement les actes de violence sexuelle et ne permet pas de restaurer la paix ni de prévenir que cela ne revienne dans le futur. La collecte des données pour étayer cette hypothèse s’effectue à partir d’une recherche documentaire analysée de manière critique, réflexive et interdisciplinaire. Le caractère oscillatoire de l’essai, entre les différentes disciplines, a fait ressortir que sur le plan moral, le silence complice est contraire à l’esprit de l’humanitaire. L’advocacy est une interprétation du principe d’humanité qui est l’essence de l’assistance humanitaire. La prise en charge des victimes par les organisations humanitaires ne saurait se limiter, de ce fait, à la médecine humanitaire d’urgence. En même temps, l’obligation de réserve et de confidentialité est également contraire au principe de « first do not harm ». Soigner et soutenir les victimes nécessite que l’action humanitaire soit étendue aux protections de la vie humaine dans un sens holistique et aussi aux défenses des droits des victimes. Sur le plan juridique, l’analyse des paradigmes concernant l’humanitaire démontre que les mécanismes juridiques mis en place pour protéger les personnes, en temps de conflit, sont en grande partie tributaires des organisations humanitaires et de leurs rôles en tant que « gardiens » du droit international. Le plaidoyer et la défense des droits sont devenus des obligations légales implicites des organisations humanitaires pour prévenir la résurgence des violations des règles de droit dans le futur mais également dans le but de réprimer les auteurs des crimes. / This study looks at the ethical issues of advocacy and rights-based approaches to emergency humanitarian work. Sexual violence has become an instrument of war, used for political and military purposes. Advocacy, which is usually a function of humanitarian human rights organizations, is becoming part of emergency humanitarian response. The use of advocacy in humanitarian settings exposes humanitarian missions to ethical tensions and dilemmas, particularly with regard to access to victims and the defense of their rights, the principle of humanity and the principle of neutrality. Advocacy also represents a danger to the apolitical image of humanitarian organizations and therefore undermines the confidence of belligerent states in conflicts. In view of these dangers of advocacy, the question arises as to what reasons might justify advocacy in humanitarian interventions in the case of politically motivated sexual violence. From a method described as an interdisciplinary and critical essay of legal theory, our argument and evidence will be structured to justify the hypothesis that silence in the face of non-respect for human dignity and the rights of victims is contrary to the universal values and spirit of humanity that are the raison d'être of humanitarian actions, that it also reinforces the state of lawlessness and impunity of perpetrators, but at the same time it accentuates the stigmatization of victims. In fact, the silence of humanitarian organizations that witness violations of fundamental rights perpetuates the culture of silence that usually accompanies acts of sexual violence and does not help to restore peace or prevent it from happening again in the future. The collection of data to support this hypothesis is based on a documentary research that is critically analyzed, reflexive and interdisciplinary. The oscillating nature of the essay, across disciplines, made it clear that morally, complicit silence is contrary to the spirit of humanitarianism. Advocacy is an interpretation of the principle of humanity that is the essence of humanitarian assistance. The care of victims by humanitarian organizations cannot therefore be limited to emergency humanitarian medicine. At the same time, the obligation of reserve and confidentiality is also contrary to the "first do not harm" principle. Caring for and supporting victims requires that humanitarian action be extended to the protection of human life in a holistic sense and also to the defense of victims' rights. From a legal perspective, the analysis of humanitarian paradigms demonstrates that the legal mechanisms put in place to protect people in times of conflict are largely dependent on humanitarian organizations and their roles as "gatekeepers" of international law. Advocacy has become a legal obligation of humanitarian organizations as a preventive measure against future violations of the rule of law, but also as a repressive measure against perpetrators.

This study is the product, chiefly, of fieldwork, undertaken in Sierra Leone, which sought to interview and experience contemporary Limba religio-cultural practices. Using a systematic approach, the goal was to provide a broader understanding of Limba religion, as well as to discover the effect of Limba religiosity, and the tenacity with which the Limba hold to their culture and religion, on the National Pentecostal Limba Church (NPLC) over the past three decades. The study begins with an introduction, which outlines its objectives and structure, the research methods, and its general outline. This is followed by a basic introduction to the socio-history of the Limba people, their origin, environment, language, politics, economy and other socio-cultural characteristics, in order to provide an understanding of the background on which their religion is formed. The heart of the study is a detailed examination of Limba religious beliefs and their intersection with Christianity. It includes a definition of Limba religion and its components. This seeks to identify the current state of Limba religion amidst the changes it has experienced and continues to experience as a result of internal and external influences, and to provide a template for this study, an analysis of the Limba belief in a supreme creator God whom they call Kanu Masala, his epithets, attributes and activities, Limba worship and worship methods, the Limba understanding of the spirit world, humankind, sin and salvation, and the roles of sacred specialists. The study concludes with an examination of the causes of the tenacious loyalty with which some Limba Christians hold to their traditional religious beliefs and practices, their reluctance to part with them, and the effects of their dual religiosity on the NPLC, as well as the church's response, and the resulting reciprocal effects over the past three decades in Sierra Leone. This study fills a gap in the extant literature about the ethno-theological landscape of Sierra Leone, and provides a detailed study on the intersection of African Traditional Religion and Christianity. / Systematic Theology & Theological Ethics / D.Th. (Systematic Theology)

New Criminal code came into power in 2003. It changed the concept of indecent assault. The new modern concept of indecent assault is more related to the changes in society, but sometimes is difficult to apply, because of its novelty and indetermination. Therefore it is necessary to determine the legal concept of indecent assault in order to avoid controversial evaluation of sexual offences and their elements of proof. So the aim of this study is to analyse indecent assault from historical point of view, to describe forms of indecent assault and aggravating circumstances. The proposed review of indecent assault contains legal evaluation of all attributions according to their legal evaluation in Lithuanian and foreign criminal law. Theoretical evaluation of indecent assault is linked to the examples of court’s practise by underlining controversial aspects of concept of indecent assault and proposing possible ways to define them.

This study is the product, chiefly, of fieldwork, undertaken in Sierra Leone, which sought to interview and experience contemporary Limba religio-cultural practices. Using a systematic approach, the goal was to provide a broader understanding of Limba religion, as well as to discover the effect of Limba religiosity, and the tenacity with which the Limba hold to their culture and religion, on the National Pentecostal Limba Church (NPLC) over the past three decades. The study begins with an introduction, which outlines its objectives and structure, the research methods, and its general outline. This is followed by a basic introduction to the socio-history of the Limba people, their origin, environment, language, politics, economy and other socio-cultural characteristics, in order to provide an understanding of the background on which their religion is formed. The heart of the study is a detailed examination of Limba religious beliefs and their intersection with Christianity. It includes a definition of Limba religion and its components. This seeks to identify the current state of Limba religion amidst the changes it has experienced and continues to experience as a result of internal and external influences, and to provide a template for this study, an analysis of the Limba belief in a supreme creator God whom they call Kanu Masala, his epithets, attributes and activities, Limba worship and worship methods, the Limba understanding of the spirit world, humankind, sin and salvation, and the roles of sacred specialists. The study concludes with an examination of the causes of the tenacious loyalty with which some Limba Christians hold to their traditional religious beliefs and practices, their reluctance to part with them, and the effects of their dual religiosity on the NPLC, as well as the church's response, and the resulting reciprocal effects over the past three decades in Sierra Leone. This study fills a gap in the extant literature about the ethno-theological landscape of Sierra Leone, and provides a detailed study on the intersection of African Traditional Religion and Christianity. / Philosophy, Practical and Systematic Theology / D.Th. (Systematic Theology)

MA.CRM / Department of Criminal Justice / The policing response to increasing violent community violent protests in South Africa has received global attention in the last decade. The study was conducted with a backdrop of increased concern over skirmish and sporadic fighting and violence during service delivery protests. Criticisms have been voiced by various role-players in violent protests concerning arrests, injuries and killing of civilians by police during these demonstrations. Hence the study aims to evaluate the effectiveness of POP strategies in curbing common acts of violence during violent protests particularly in Vuwani area of Vhembe District, Limpopo Province. The study adopted a mixed methods (qualitative and quantitative method). Purposive sampling was used to select POP officials wherein Focus Group Discussions (FGD) were conducted in 9 difference POP units, each FGD was comprised of approximately 5 members which total to 45 POP members. A total of 200 questionnaires were randomly distributed to community members of Vuwani within 5 were found invalid. Quantitative Data was analysed using Statistical Package for Social Science (SPSS) and qualitative data was analysed using thematic analysis. The findings indicated that (86,2%) of participants believed that Vuwani protest was caused by municipal demarcation issues. The favourite methods of protests include littering with (80,0 %) and burning tyres with (76,4%) of participants. A total of (52,8%) community members argued that police presence perpetuate violence during service delivery protest. Common crimes that occurred during the protests was vandalism with (82,6%) and arson with (81,0%). Furthermore, (83,6%) community members agrees that rubber bullets was used as a strategy by the police at Vuwani protests. The overwhelming majority of participants with 80,0% believe that negotiation during protests can curb death and injuries. On the other hand, the study finds that POP official strategies start by negotiating with the protestors, identifying the leader, use of water cannon, tear gas and rubber bullets as the last resort. Further emphasized that lack of manpower and resources are barriers that hinders effective policing of violent service delivery protests. It is therefore recommended that provision of resource and recruitment of manpower should be taken as a first priority by the SAPS national office. Lastly, the public should be educated about police presence during violent service delivery protests. / NRF

Increasing tourism numbers in third world countries affect their economies and certain aspects of their society positively; however, there are concomitant negative effects that expose the dark side of the tourism industry. One of these is the escalating commercial sexual exploitation of children (CSEC), particularly child prostitution (CP) in the context of tourism, a phenomenon known as child sex tourism (CST). Although tourism plays an important role in creating the perfect storm of poverty-stricken children colliding with wealthy tourists, it is not solely responsible for this phenomenon. Internationally and nationally, the lacuna of knowledge on CST in particular hampers an informed response by way of resource allocation and coordinated service delivery to both victims and perpetrators. Utilising a qualitative research approach, and the collective case study and phenomenological research designs complemented by an explorative, descriptive and contextual strategy of inquiry, the researcher explored the status of the knowledge of and response to the CSEC through the lens of closely associated role players, who were purposively selected for inclusion in the study. These were adult survivors who were as children engaged in sex work and victims of child sex tourism, social workers and non-social workers involved in rendering child welfare and protection services, members of the Family Violence Child Protection and Sexual Offences (FCS) Unit of the South African Police Service (SAPS) and representatives of the hospitality and tourism industry. Data was collected via individual in-depth semi-structured interviews, telephone interviews, and email-communication and thematically analysed. The researcher found that a range of microsystem level factors, such as poverty and family dysfunction, pushed children to the street, and as a means to survive engage in sex work, enabling tourists (i.e. local - out of towners) and foreigners, mainly men from varied sexual orientation) to commercially sexually exploit both boys and girls, from as young as nine years of age, and of different race groups, which leave them with physical and psychological scars. The following main findings surfaced: The social workers, in comparison to the non-social workers, who have a primary responsibility to provide child welfare and protection services were ill-informed in terms of identifying CST as phenomenon, untrained and/or slow to respond appropriately with interventions directed to the victims and perpetrators of CSEC. The service provider groups, as microsystems interfacing on a mesosystem, were fraught with perceptions that the social workers and the SAPS were being inadequate. Furthermore a lack of cooperation, collaboration and communication between the service provider groups to respond to CSEC existed. The hospitality and tourism industry service representatives were also ill-informed about the phenomena of CP and CST with a response that at best can be labelled as fluctuating between an indirect response to that of turning a blind-eye. From the findings, recommendations for social work practice, education and training and recommendations specific for the other closely associated role players in responding to the CSEC were forwarded. / Social Work / D.Phil. (Social Work)

Increasing tourism numbers in third world countries affect their economies and certain aspects of their society positively; however, there are concomitant negative effects that expose the dark side of the tourism industry. One of these is the escalating commercial sexual exploitation of children (CSEC), particularly child prostitution (CP) in the context of tourism, a phenomenon known as child sex tourism (CST). Although tourism plays an important role in creating the perfect storm of poverty-stricken children colliding with wealthy tourists, it is not solely responsible for this phenomenon. Internationally and nationally, the lacuna of knowledge on CST in particular hampers an informed response by way of resource allocation and coordinated service delivery to both victims and perpetrators. Utilising a qualitative research approach, and the collective case study and phenomenological research designs complemented by an explorative, descriptive and contextual strategy of inquiry, the researcher explored the status of the knowledge of and response to the CSEC through the lens of closely associated role players, who were purposively selected for inclusion in the study. These were adult survivors who were as children engaged in sex work and victims of child sex tourism, social workers and non-social workers involved in rendering child welfare and protection services, members of the Family Violence Child Protection and Sexual Offences (FCS) Unit of the South African Police Service (SAPS) and representatives of the hospitality and tourism industry. Data was collected via individual in-depth semi-structured interviews, telephone interviews, and email-communication and thematically analysed. The researcher found that a range of microsystem level factors, such as poverty and family dysfunction, pushed children to the street, and as a means to survive engage in sex work, enabling tourists (i.e. local - out of towners) and foreigners, mainly men from varied sexual orientation) to commercially sexually exploit both boys and girls, from as young as nine years of age, and of different race groups, which leave them with physical and psychological scars. The following main findings surfaced: The social workers, in comparison to the non-social workers, who have a primary responsibility to provide child welfare and protection services were ill-informed in terms of identifying CST as phenomenon, untrained and/or slow to respond appropriately with interventions directed to the victims and perpetrators of CSEC. The service provider groups, as microsystems interfacing on a mesosystem, were fraught with perceptions that the social workers and the SAPS were being inadequate. Furthermore a lack of cooperation, collaboration and communication between the service provider groups to respond to CSEC existed. The hospitality and tourism industry service representatives were also ill-informed about the phenomena of CP and CST with a response that at best can be labelled as fluctuating between an indirect response to that of turning a blind-eye. From the findings, recommendations for social work practice, education and training and recommendations specific for the other closely associated role players in responding to the CSEC were forwarded. / Social Work / D. Phil. (Social Work)

1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...

This study which is the product of library research and fieldwork seeks, on account of the persistent marginalisation of African Traditional Religion (ATR) in Sierra Leone by Islam and Christianity, to investigate the place of ATR in inter-religious encounters in the country since the advent of Islam and Christianity. As in most of sub-Saharan Africa, ATR is the indigenous religion of Sierra Leone. When the early forebears and later progenitors of Islam and Christianity arrived, they met Sierra Leone indigenes with a remarkable knowledge of God and a structured religious system. Successive Muslim clerics, traders, and missionaries were respectful of and sensitive to the culture and religion of the indigenes who accommodated them and offered them hospitality. This approach resulted in a syncretistic brand of Islam. In contrast, most Christian missionaries adopted an exclusive and insensitive approach to African culture and religiosity. Christianity, especially Protestantism, demanded a complete abandonment of African culture and religion, and a total dedication to Christianity. This attitude has continued by some indigenous clerics and religious leaders to the extent that Sierra Leone Indigenous Religion (SLIR) and it practitioners continue to be marginalised in Sierra Leone's inter-religious dialogue and cooperation. Although the indigenes of Sierra Leone were and continue to be hospitable to Islam and Christianity, and in spite of the fact that SLIR shares affinity with Islam and Christianity in many theological and practical issues, and even though there are many Muslims and Christians who still hold on to traditional spirituality and culture, Muslim and Christian leaders of these immigrant religions are reluctant to include Traditionalists in interfaith issues in the country. The formation and constitution of the Inter-Religious Council of Sierra Leone (IRCSL) which has local and international recognition did not include ATR. These considerations, then beg the questions: * Why have Muslim and Christian leaders long marginalised ATR, its practices and practitioners from interfaith dialogue and cooperation in Sierra Leone? * What is lacking in ATR that continues to prevent practitioners of Christianity and Islam from officially involving Traditionalists in the socio-religious development of the country? Muslim and Christians have given several factors that are responsible for this exclusion: * The prejudices that they inherited from their forebears * ATR lacks the hallmarks of a true religion * ATR is primitive and economically weak * The fear that the accommodation of ATR will result in syncretism and nominalism * Muslims see no need to dialogue with ATR practitioners, most of whom they considered to be already Muslims Considering the commonalities ATR shares with Islam and Christianity, and the number of Muslims and Christians who still hold on to traditional spirituality, these factors are not justifiable. Although Islam and Christianity are finding it hard to recognise and include ATR in interfaith dialogue and cooperation in Sierra Leone, ATR continues to play a vital role in Sierra Leone's national politics, in the search and maintenance of employment, and in the judicial sector. ATR played a crucial part during and after the civil war. The national government in its Truth and Reconciliation Commission (TRC) report acknowledged the importance and contribution of traditional culture and spirituality during and after the war. Outside of Sierra Leone, the progress in the place and level of the recognition of ATR continues. At varying degrees, the Sociétié Africaine de Culture (SAC) in France, the All Africa Conference of Churches (AACC), the Vatican, and the World Council of Churches, have taken positive steps to recognise and find a place for ATR in their structures. Much about the necessity for dialogue and cooperation with ATR can be learnt in the works and efforts of these secular and religious bodies. If nothing else, there are two main reasons why Islam and Christianity in Sierra Leone must be in dialogue with ATR: * Dialogue of life or in community. People living side-by-side meet and interact personally and communally on a regular basis. They share common resources and communal benefits. These factors compel people to be in dialogue * Dual religiosity. As many Muslims and Christians in Sierra Leone are still holding on to ATR practices, it is crucial for Muslims and Christians to dialogue with ATR practitioners. If Muslims and Christians are serious about meeting and starting a process of dialogue with Traditionalists, certain practical issues have to be considered: * Islam and Christianity have to validate and accept ATR as a true religion and a viable partner in the socio-religious landscape of Sierra Leone * Muslims and Christians must educate themselves about ATR, and the scriptures and teachings of their respective religious traditions in order to relate well with Traditionalists These are starting points that can produce successful results. Although at present Muslims and Christians in Sierra Leone are finding it difficult to initiate dialogue and cooperation with Traditionalists, all hope is not lost. It is now the task of the established IRCSL to ensure the inclusion of ATR. Islam and Christianity must remember that when they came as strangers, ATR, played host to them and has played and continues to play a vital role in providing hospitality, and allowing them to blossom on African soil. / Religious Studies and Arabic / D.Litt. et Phil. (Religious Studies)