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Witchcraft belief and criminal responsibility: A case study of selected areas in South Africa and ZimbabweKugara, Stewart Lee 18 September 2017 (has links)
PhD (African Studies) / Centre for African Studies / This interdisciplinary study examined witchcraft beliefs and criminal responsibility in South Africa and Zimbabwe. The unshakeable deep rooted and profound cultural beliefs of African people do not find expression in written law and therefore introduce a mismatch between law as the people live it and law as contained in the statute books. The aim of this interpretive doctrinal (legal) and qualitative research study was two-fold. Firstly, it sought to evaluate and assess the influence of African value systems particularly ethical ideas on the development of criminal responsibility. Secondly, it undertook a comparative examination of the criminal responsibility of actors who commit crimes while labouring under belief in witchcraft. The research, therefore, undertook a comparative examination of the criminal responsibility of actors who commit crimes while labouring under the overpowering fear of belief in witchcraft. In that regard, the study was premised on and informed through theories of criminal punishment, a Human Rights Based Approach, psycho-analytic theory and socio-cultural theory. The primary motivation for the study was the need to address the mismatch of laws and African value systems and to add knowledge to the scholarly legal writing on beliefs in witchcraft. Explorative qualitative research methods of collecting data (case studies, semi-structured interviews and focus groups discussions) and the doctrinal methods of data collection (case law observation, newspaper reports and witchcraft legislations) were employed as the research methodologies for the purposes of this study. For social empirical findings to be useful in integrating with the legal issues, the study adopted an Indigenous Knowledge Systems (IKS) perspective. Although customary practices play a very important role in the lives of the African people, some of the rules can no longer withstand constitutional scrutiny. The research findings confirmed the mismatch that exists between the African value systems and the law. The study unveiled that the African value systems of the two countries have been affected by modernity. Also, the two countries have similar laws governing the aspect of belief in witchcraft that are weak and archaic thus introducing a lacuna in the
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Benefits accruing to rural communities from the mining industry corporate social responsibility projects in Moses Kotane Local Municipality of North West ProvinceBongwe, Azwimpheleli 18 September 2017 (has links)
MRDV / Institute for Rural Development / Mining industry Corporate Social Responsibility (CSR) projects are designed to improve the quality of life of neighbouring communities. However, it is increasingly argued that few of them actually result in tangible benefits for the communities where they are implemented. Moreover, few empirical studies have been undertaken on this subject. The dearth in research on this subject explains why there is inadequate evidence to draw informed conclusions and decisions. The current study sought to determine the nature of benefits accruing to rural communities from mining companies CSR projects in Moses Kotane Local Municipality of the North West Province. Specifically, the study sought to determine the characteristics of mining companies CSR activities, nature of community-perceived benefits derived from them and assess the perception of surrounding local communities on such initiatives. A case study design was used because of its power of providing detailed factual information on mining CSR activities. The study was carried out following a sequential mixed research method that integrated qualitative and quantitative techniques. Document review, questionnaires and in-depth interviews were used to collect data. A total of 261 respondents randomly selected from households in five villages, 30 purposively sampled key informants who included 18 officials from various institutions and youth, were interviewed. Thematic content analysis was used to draw meaning from the qualitative data. Descriptive statistics and inferential tests were carried out using the Microsoft Excel software. It was revealed that CSR projects were improving water infrastructure, in addition to being used to construct and refurbish schools and clinics. Although the CSR projects were supporting the livelihoods of local households, there was still considerable room for improvement particularly in relation to creating sustainable employment opportunities. Only 8 % of the respondents believed that CSR projects were beneficial to them. Lack of consultation when developing the CSR projects and limited awareness campaigns led to inappropriate initiatives being implemented. This highlighted the need for adopting inclusive approaches in decision making processes starting from planning to implementation.
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