The bulk of the matrimonial property regimes operating in Botswana were inherited from the country's colonial past. Since independence there ha'> not been any realistic attempt to reform them. The thesis set out to appraisal the legal regimes governing the determination of matrimonial property on divorce to ascertain their efficacy in realising the legitimate aspiration of married couples. Comparisons were made with similar countries to determine how these have tackled problems relating to determination of matrimonial property on divorce. The study found that where there is a dispute about matrimonial property in marriages out of community, the courts have no discretion to readjust the rights of the parties. This situation adversely affect nonworking wives who spent most of their time looking after their husbands and children without being able to acquire capital assets. Recognition is not given to such domestic contribution to the welfare of the family. It was also found that the exercise of the marital power by husbands of marriages in community of property deprives wives of those marriages the right to administer the joint estate. The patriarchal nature of customary law, which governs the majority of disputes about matrimonial property, discriminates against women. Consequently, the following, inter alia, are suggested as reform measures. (a) The courts should be g1ven a wide discretionary power, circumscribed by statutory guidelines, to reallocate matrimonial property on divorce irrespective of the matrimonial property regime that governs the marriage. TI1e underlying principle should be equality of sharing but this may be departed from where the circumstances of the particular case warrant it (b) A spouse's domestic contribution towards the welfare of the family should be recognised. (c) The marital power of husbands should be abolished. (d) The provisions of the Matrimonial Causes Act should be made applicable to customary marriages. / Private Law / LL.D.

Text in Afrikaans / In hierdie ondersoek is navorsing gedoen oor die Romeinse huweliksverhouding ten einde vas te stel of die klassieke Romeinse reg die Romeinse vrou se huweliksverhouding beskerm het indien dit deur haar man se wangedrag geskend is. Die navorsing het getoon dat, soos in die Suid-Afrikaanse reg, die Romeinse huweliksverhouding teen die klassieke tydperk 'n consortium omnis vitae met veral morele huwelikspligte was en dat die nie-nakoming van hierdie pligte op wangedrag en skending van die huweliksverhouding neergekom het. Daar is tot die gevolgtrekking gekom dat, soos in die moderne reg, ook die Romeinse man die huweliksverhouding kon skend deur wangedrag, beperkte vorme van seksuele wangedrag, iniuria en bigamie. Die klassieke Romeinse reg het egter nie aan die Romeinse vrou direkte regsbeskerming verleen by die man se skending van die huweliksverhouding deur wangedrag nie. Sy het egter wel indirekte regsbeskerming in die vorm van toevlugof afskrikmiddels (soos egskeiding en die dos) geniet. / In this study research has been done on the Roman marital relationship in order to determine whether classical Roman law protected the Roman wife's marital relationship if it had been breached by her husband's misconduct. Research has shown that by the classical period, as in South African law, the Roman marital relationship was a consortium omnis vitae with primarily moral marital duties. Non-compliance with these duties amounted to misconduct and breach of the marital relationship. It was concluded that, as in modern law, the Roman husband too could be in breach of his marital relationship through misconduct, limited forms of sexual misconduct, iniuria and bigamy. However, classical Roman law did not grant the Roman wife any direct legal protection where her husband was in breach of the marital relationship because of misconduct. She nevertheless enjoyed indirect legal protection in the form of deterrents (such as divorce and the dos). / Law / LL.M.

In this qualitative study five police stations in the Tshwane Policing Precinct were selected. The objectives were to describe and explore the South African Police Service (SAPS) officials’ experiences on the nature and extent of domestic violence and the responsive strategies by relevant stakeholders thereof. Data collection literature review and key informant interviews were selected. Purposive sampling was adopted to cater for 40 sworn SAPS officials; each station was represented by seven participants. The findings suggest that many academics around the world overlook the importance women and children as core victims. As a result, they become the neglected people in our society. Thus, there is no simple solution to this crime to date. For recommendations a multi-agency approach whereby all relevant stakeholders try to address this scourge is needed to enhance reporting channels, advance SAPS skills and obtain more convictions. / Police Practice / M. Tech. (Policing)

This study focuses on marital rape in Ethiopia in the context of international human rights law. Marital rape refers to rape committed against women by their lawful husbands. Like rape that is committed by strangers, marital rape has a severe impact on the physical and psychological wellbeing of victims. Consequently, marital rape violates a range of human rights, such as the right to human dignity, right to bodily integrity, right to privacy, as well as the right not to be subjected to cruel, inhuman and degrading treatment. Marital rape is recognised as one of the forms of violence against women under international human rights instruments ratified by Ethiopia. In addition, the Constitution of Ethiopia recognises the right to equality between women and men during marriage, and prohibits the enactment of laws and policies that discriminate against women. Studies have shown that the prevalence of marital rape is high in Ethiopia. Despite this fact, the Current Criminal Code of Ethiopia does not regard marital rape as a criminal offence and as a result there is no punishment on the part of perpetrators of this offence. Consequently, this gives husbands the license to rape their wives without any consequence. Owing to various socio-cultural factors, victims of marital rape in Ethiopia do not report these incidents to the police. The fact that there are no remedies under the criminal justice system, also discourages victims from reporting such incidents. This study, argues that by virtue of adopting human rights instruments at both the UN and AU level which prohibits violence against women, Ethiopia is under obligation to criminalize marital rape. South Africa is one of the few countries in Africa that criminalises marital rape. According to the 1993 Prevention of Family Violence Act, stipulates a man can be found guilty of raping his wife. Later on, the Act was amended by the Family Violence Act of 1998, which gives protection to victims of domestic violence. Despite the criminalisation of marital rape in South Africa, studies indicate that marital rape is still prevalent in the country owing to numerous socio-economic and cultural factors. Hence, from the experience of South Africa it can be understood that criminalizing marital rape alone is not enough to tackle the problem. / Public, Constitutional, and International Law / LLM

Thesis (MA)--Stellenbosch University, 2003. / ENGLISH ABSTRACT: Violence against women, commonly known as women abuse, is currently evolving into a serious social problem. In South Africa thousands of women are victims of violence inflicted by their intimate partners. Although violence against women is a serious violation of human rights, it is often not recognised as such. Violence against women in intimate relationships often results in women experiencing serious physical, psychological and reproductive health problems. When living or trapped in abusive relationships, women are exposed to injuries, ailments and diseases, wounds, chronic pain, infertility and internal bleeding. In spite of the fact that governments, including the South Africa government, have committed themselves to addressing women abuse through legislation, large numbers of women still experience extraordinary high levels of violence. However, many women neglect to report incidents of violence. Many women remain in such relationships, legislation aimed at protecting their rights not withstanding. The aim of this study was to explore why women neglect to report incidents of violence and to explore women's experiences of violence. Seven coloured women between the ages of 21 and 38 years and living in a small rural town in the Western Cape participated in the study. In-depth interviews were used to obtain information from these women. The extent of the problem of women abuse worldwide and in South Africa is illustrated by research conducted internationally as well as locally. Radical feminism is used as a theoretical framework to interpret the causes of women abuse, the 'acceptance' of women abuse by the community and society and the reasons why women choose not to report incidents of abuse. The analysis and the interpretation of the data is done against the background of social practices embedded in the patriarchal structuring of society. It was found that women's experiences and lives are predominantly structured in terms of their sex and that women comply with expectations set by their intimate partners, family and friends. In order to maintain their relationships, secure a household income and to protect their children against poverty, women remain silent about the abuse they suffer. The study also found that women's responses to abuse relate to the sources and options available to them. / AFRIKAANSE OPSOMMING: Geweld teen vroue wat algemeen bekend staan as vrouernishandeling, is tans besig om in 'n ernstige sosiale probleem te ontwikkel. Binne die Suid-Afrikaanse konteks is duisende vroue die slagoffers van geweld binne intieme verhoudings. Alhoewel vrouernishandeling 'n ernstige skending van menseregte is, word dit nie altyd as sodanig erken nie. Mishandeling binne intieme verhoudings lê dikwels ten grondslag van vroue se fisiese, sielkundige en reproduktiewe gesondheidsprobleme. Vroue wat vasgevang is in sulke verhoudings word blootgestel aan beserings, kwale en siektes, wonde, kroniese pyn, onvrugbaarheid en interne bloeding. Ten spyte van die feit dat verskeie lande se regenngs, insluitende Suid-Afrika, hulself verbind het tot 'n stryd teen vrouernishandeling met behulp van wetgewing, ervaar groot getalle vroue wêreldwyd nog steeds buitengewone vlakke van geweld. Baie vroue versuim egter om insidente van mishandeling te rapporteer. Baie vroue bly in intieme verhoudings ten spyte daarvan dat wetgewing wat gerig is op die beskerming van hul regte in plek is. Die doel van hierdie studie was dus om vas te stel waarom vroue versuim om insidente van mishandeling te rapporteer en om insig te verkry in die ervaringswêreld van mishandelde vroue. Sewe Kleurling vroue tussen die ouderdomme van 21 en 38 jaar en woonagtig in 'n klein plattelandse dorpie in die Wes-Kaap het aan die studie deelgeneem. 'n Kwalitatiewe benadering is gevolg en data is met behulp van in-diepte onderhoude ingesamel. Die omvang van vrouernishandeling wêreldwyd en binne die Suid-Afrikaanse konteks word geïllustreer aan die hand van internasionale en plaaslike navorsing oor die verskynsel. Radikale feminisme word as teoretiese vertrekpunt geneem in die interpretasie van die oorsake van vroumishandeling, die 'aanvaarding' van die verskynsel deur die gemeenskap en samelewing en die redes waarom vroue nie insidente van geweld rapporteer nie. Die analise en interpretasie van data is gedoen teen die agtergrond van sosiale praktyke binne die konteks van patriargale strukturering van die samelewing. Die studie bevind dat vroue se ervarings grootliks gestruktureer word in terme van hul geslag en dat hulle hul gedrag in ooreenstemming bring met die verwagtings van hul intieme maats, vriende en familie. Ten einde hulle verhoudings in stand te hou, 'n huishoudelike inkomste te verseker en hul kinders teen armoede te beskerm, besluit vroue om 'n stilswye rondom hul mishandeling te handhaaf. Die studie toon dat vroue se response verband hou met die bronne en opsies wat tot hul beskikking is.

This study focuses on marital rape in Ethiopia in the context of international human rights law. Marital rape refers to rape committed against women by their lawful husbands. Like rape that is committed by strangers, marital rape has a severe impact on the physical and psychological wellbeing of victims. Consequently, marital rape violates a range of human rights, such as the right to human dignity, right to bodily integrity, right to privacy, as well as the right not to be subjected to cruel, inhuman and degrading treatment. Marital rape is recognised as one of the forms of violence against women under international human rights instruments ratified by Ethiopia. In addition, the Constitution of Ethiopia recognises the right to equality between women and men during marriage, and prohibits the enactment of laws and policies that discriminate against women. Studies have shown that the prevalence of marital rape is high in Ethiopia. Despite this fact, the Current Criminal Code of Ethiopia does not regard marital rape as a criminal offence and as a result there is no punishment on the part of perpetrators of this offence. Consequently, this gives husbands the license to rape their wives without any consequence. Owing to various socio-cultural factors, victims of marital rape in Ethiopia do not report these incidents to the police. The fact that there are no remedies under the criminal justice system, also discourages victims from reporting such incidents. This study, argues that by virtue of adopting human rights instruments at both the UN and AU level which prohibits violence against women, Ethiopia is under obligation to criminalize marital rape. South Africa is one of the few countries in Africa that criminalises marital rape. According to the 1993 Prevention of Family Violence Act, stipulates a man can be found guilty of raping his wife. Later on, the Act was amended by the Family Violence Act of 1998, which gives protection to victims of domestic violence. Despite the criminalisation of marital rape in South Africa, studies indicate that marital rape is still prevalent in the country owing to numerous socio-economic and cultural factors. Hence, from the experience of South Africa it can be understood that criminalizing marital rape alone is not enough to tackle the problem. / Public, Constitutional, and International Law / LL. M.

This thesis focuses on the impact of domestic violence upon Zulu women, and the role that the Christian faith plays in both helping and hindering the survivors. Through an examination of the relationship between religion and power, the thesis notes how the Christian faith can work both to legitimize oppressive structures and practices, and to provide a form of resistance or survival in times of difficulty. The way in which the Bible and theology deal with domestic violence is examined from this perspective. The thesis builds upon earlier work on domestic violence and the church done in South Africa by a range of scholars, but provides new insights into the way that Zulu women deal with domestic violence and their relationship to the Christian faith. Research undertaken in Sweetwaters, outside Pietermaritzburg, identified the following eight concerns to be of importance for these women in terms of domestic violence: lobolo and women as property, unemployment and male frustration, alcohol, children and the wider family, the scandal of divorce in the Zulu community, lack of social support, the cycle of violence, and the impact upon women. In terms of their relationship to the church, they saw Christianity as a power that both hinders and helps. In terms of the former this had to do with abusers in church leadership, theologies of blame, theologies of forgiveness, disinterestedness and silence, and sanctity of marriage. In terms of the way that Christianity helps, this has to do with prayer, bible reading, manyano and izimvuselelo. In the final chapter the thesis suggests that if the church is to make a difference in the lives of the women who are facing the experiences of domestic violence, then it needs to both challenge the negative and strengthen the positive. This could involve working with young men, men and perpetrators, challenging culture where it abuses women, breaking the silence, legal education, affirming the spirituality of the women, counseling, networking, economic empowerment, and training manyano leadership. / Thesis (M.Th.)-University of KwaZulu- Natal, Pietermaritzburg, 2005.

Absent Presence: Women in American Gangster Narrative investigates women characters in American gangster narratives through the principal roles accorded to them. It argues that women in these texts function as an “absent presence,” by which I mean that they are a convention of the patriarchal gangster landscape and often with little import while at the same time they cultivate resistant strategies from within this backgrounded positioning. Whereas previous scholarly work on gangster texts has identified how women are characterized as stereotypes, this dissertation argues that women characters frequently employ the marginal positions to which they are relegated for empowering effect. This dissertation begins by surveying existing gangster scholarship. There is a preoccupation with male characters in this work, as is the case in most gangster texts themselves. This preoccupation is a result of several factors, such as defining the genre upon criteria that exclude women, promoting a male-centred canon as a result, and making assumptions about audience composition and taste that overlook women’s (and some women characters’) interest in gangster texts. Consequently, although the past decade saw women scholars bringing attention to female characters, research on male characters continues to dominate the field. My project thus fills this gap by not only examining the methods by which women characters navigate the male-dominated underworld but also including female-centred gangster narratives. Subsequent chapters focus on women’s predominant roles as mothers, molls, and wives as well as their infrequent role as female gangsters. The mother chapter demonstrates how the gangster’s mother deploys her effacement as an idealized figure in order to disguise her transgressive machinations (White Heat, The Sopranos). The moll chapter examines how this character’s presence as a reforming influence for the male criminal is integral to the earliest narratives. However, a shift to male relationships in mid- to late-1920s gangster texts transforms the moll’s status to that of a moderator (Underworld, The Great Gatsby). On the other hand, subsequent non-canonical texts feature molls as protagonists and illustrate the potential appeal of the gangster figure to women spectators (Three on a Match). Subsequently, the wife chapter explores texts that show presence is manifested in the wife’s cultivation of a traditional family image, while absence is evident in her exposure of this image as a façade via her husband’s activities (The Godfather, Goodfellas). In the following female gangster chapter, I examine how gender functions to render this rare character a literal absent presence such that she is inconceivable as a subject (Lady Scarface, Lady Gangster). Expanding upon this examination of gender, a final chapter on the African-American female gangster (in Set It Off and The Wire) explores how sexuality, race, and female—as well as “gangsta”—masculinity intersect to create this character’s simultaneous hypervisibility and invisibility. By examining women’s roles that often are overlooked in a male-dominated textual type and academic field, this dissertation draws scholarly attention to the ways that peripheral status can offer a stealthy locus for self-assertion.

This exploratory study investigates how racialized immigrant women experience and respond to intimate partner abuse (IPA). The American and European models of intersectionality theory are used to highlight structural constraints and agentic responses as experienced and enacted by racialized immigrant women. Eight women described their experiences through semi-structured interviews, revealing an array of both defensive and pro-active types of strategies aimed at short- and long-term outcomes. Responses included aversion, negative reinforcement or coping strategies like prayer or self-coaching, and accordingly varied by the constraints under which the women lived as newcomers to Canada. Policy recommendations promote acknowledgement of women’s decision-making abilities and provide a model in which women can choose from a selection of options in how to respond, rather than strictly interventionist models. Study results can help to challenge stereotypes of abused women as passive victims, and empower the image of immigrant women as active knowers of their circumstances.

Psychology / M. A. (Clinical Psychology)