Dissertations / Theses on the topic 'Homosexuality – Law and legislation – Zimbabwe'

This study seeks to evaluate how aspects of religion, culture, political context, education and class, amongst others, impact on the manner with which Zimbabwe’s Bulawayo residents make sense of media messages which explore issues of homosexuality, as encountered in the soap opera Generations. This is against the backdrop of Zimbabwean legislation, such as the Sexual Deviancy Act, which criminalises homosexuality and the state victimisation of gays and lesbians in this country. The inclusion of homosexual liberties was rejected by all political parties and both public and private media in the recent drafting of a new rule of law. The legislation, including gay rights exclusion in the new constitution, and state action has perpetuated an impression that Zimbabwe is a deeply homophobic society. As a starting point the study examines the claims of the media imperialism thesis which supposes an all-consuming power of western media and next examines Straubhaar’s thesis of ‘cultural proximity’ which argues that there is often a preference for regional media, which is proximate to viewers’ local culture, language and identity. The study explores the prominence of South Africa as a regional media player and that proximate identities with some cultures in that country have played a role in drawing some Bulawayo viewers to South African television, as they feel slighted by Zimbabwean media. Utilising qualitative research methods, the study explores whether or not the representation of gay images on this South African soap opera provides viewers with opportunities for ‘symbolic distancing’. The concept highlights that when people have insight into lifestyles that are different from their own, they use that as a resource to critically analyse their own lives and cultural understandings. The study evaluates if Bulawayo viewers’ sentiments towards homosexuality has been challenged and changed through their interface with the soap opera, Generations.

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.

The right to freedom of expression is with no doubt one of the most important rights in all democratic societies. The southern African sub-region is however lacking when it comes to the protection of this right. There are either highly repressive laws which result in the right being practiced but to a limited extent. In other cases the media is owned by the elite in society which results in the majority not being represented in the independent media and at the same time, the public media is often abused by the governing elite. The scene is therefore that both the public media and private media are representative of the elite. The research seeks to explore the protection of human rights, particularly the right to freedom of expression in politically volatile environments. The research focuses on Zimbabwe but comparative analysis has also been drawn with other jurisdictions moreso South Africa. It is important to note that Zimbabwe has ratified both the International Covenant on Civil Political Rights and the African Charter on Human and Peoples’ rights both of which protect the right to freedom of expression. It is however not enough that states ratify international and regional instruments without domesticating the instruments at the national level. The domestication of the international and regional instruments is meant to ensure that individuals enjoy these rights. Freedom of expression is highly volatile in Zimbabwe. The legislature has been accused of taking away the right which has been granted to citizens by the Constitution through its highly repressive laws. The Access to Information and Protection of Privacy Act (AIPPA), the Public Order and Security Act (POSA), and the Official Secrets Act are some of the laws which have been put under spotlight in Zimbabwe. There is therefore a conflict between the legislature, the press and individuals in Zimbabwe. In Zimbabwe like many democratic states, there is separation of powers between the legislature, the executive, and the judiciary. The legislature is the decision making structure that enacts policies in their capacity as representatives of the people; the judiciary is the mediating body that adjudicates decisions between the organs of state as well as between those organs and individuals and the executive enforces decisions. The findings of the research are that despite the ratification of international and regional instruments dealing with the right to freedom of expression and the protection of the right to freedom of expression in the constitution, there still exist repressive laws in Zimbabwe which to a great extent limit the right to freedom of expression. These laws in light of the prevailing environment in Zimbabwe are often used to deprive citizens and journalists of information and their right to freedom of expression. The judiciary finds itself in a difficult position as the executive does not comply with its rulings. The independence of the judiciary, in light of the environment is also compromised by the threats to the judges, the appointment process and ‘gifts’ given to the judges for example, farms. The research analyses the history and theories of freedom of freedom of expression in Zimbabwe, the laws regulating the right and the case law dealing with this right. Finally there is a comparison between Zimbabwe and South Africa and conclusions and recommendations are made based on the discussion in the dissertation. Among the recommendations is that civil society should be involved in educating individuals especially journalists about the right to freedom of expression. Further, the judiciary should also take a more proactive approach in the protection of the right.

Regulations to reduce the consumption of tobacco products have dual effects on economies. Economies that are net consumers of tobacco products experience welfare enhancing effects as a result of these regulations. However, these regulations can have adverse welfare effects among net producing economies. Many studies have explored these welfare effects on net consuming economies, whereas the impacts among net producing economies have been neglected. This research paper examined the adverse welfare effects of smoking regulations on small tobacco exporting economies with, a comparative advantage in tobacco production.

The Income Tax Bill (2012) proposes certain changes to the existing Income Tax Act that will impact on the method used to determine the taxable income of a taxpayer in Zimbabwe. Therefore, it is important to understand the tax consequences the Income Tax Bill creates for the taxpayer. The research aimed to elaborate on and explain the tax consequences that will arise as a result of applying the Income Tax Bill in Zimbabwe. The research was based on a qualitative method which involved the analysis and the interpretation of extracts from legislation and articles written on the proposed changes. The current “gross income” of a taxpayer consists of amounts earned from a source within or deemed to be from within Zimbabwe The proposed changes to the Act will change the tax system to a residence-based system, where resident taxpayers are taxed on amounts earned from all sources. Therefore, the driving factor which determines the taxability of an amount will become the taxpayer’s residency. Clause 2 of the proposed Act provides that income earned by a taxpayer should be separated into employment income, business income, property income and other specified income. This will make it unnecessary to determine the nature of an amount because capital amounts will be subject to income tax. The current Act provides for the deduction of expenditure incurred for the purpose of trade or in the production of income. Section 31(1)(a) of the proposed Act will restrict permissible deductions to expenditure incurred in the production of income. Consequently, expenditure not incurred for the purpose of earning income will no longer be deductible when the Income Tax Bill is implemented. The proposed Income Tax Act will increase the taxable income of a taxpayer as it makes amounts that are not currently subject to tax taxable, whilst restricting the deductions claimable.

For over forty years, at the turn of this century, the white settlers of Southern Rhodesia devoted considerable energy to the discussion and the regulation of inter-racial sexual relations. The settlers' worries about maintaining their position in power were expressed, in part, in the periodic outbreaks of 'black peril' hysteria, a term which well-captures white fears about the threat that African men were thought to represent to white women. Although voluntary sexual encounters between white women and black men were prohibited from 1903 onwards, no such prohibition existed for white men in their relations with black women. The white women made several attempts to have legislation passed prohibiting such liasons, and failed largely because in doing so they were perceived to be challenging the authority of the white men. The regulation of interracial sexual intercourse thus served to reinforce the white male domination of Rhodesian society.

The study sought to examine the development of customary law, primarily focusing on the extent to which the true African marriage has been preserved by its incorporation in, and regulation by legislation and the constitutions of Zimbabwe and South Africa. Today, colonial legislation has either been repealed or revised. However, evidence persists suggesting the inclusion of western principles within frameworks governing African marriages such as the Customary Marriages Act and the Recognition of Customary Marriages Act of post-independence Zimbabwe and South Africa respectively. To understand the true purpose of custom, the study initially investigates the classical customary law position drawing deeper insights into the main features of the African marriage. From an African perspective, the research revealed whether legislation satisfactorily dealt with aspects such as registration of customary marriages, determination of minority and capacity to marry, payment of bride wealth, grounds for divorce, proprietary consequences of marriage during and after termination of marriage by death or divorce and women’s rights to communal land tenure and immovable property among others. Apart from legislation it became imperative to determine the role of constitutionalism and human rights law in the regulation and preservation of custom. A comparative study was motivated not only because Zimbabwe and South Africa share a border but also because migration between the two countries in the past decade due to various socio-economic forces has led to inter-marriages and cultural diversity. In addition, historically, both jurisdictions have Roman-Dutch law as the basis for the formation of their legal systems. The methodology remained largely a qualitative type research based on documentary analysis. Several findings emerged among which was the fact that, women in traditional African marriages had property rights contrary to popular belief however they continue to be most disadvantaged when it comes to having real rights in ownership of communal land. The African marriage generally sought to preserve marriage more than its western counterpart, the civil marriage. Legislation was the main vehicle for attaching customary law to western principles of law thus losing its intended purpose. Other findings were that polygamy and widow inheritance are prevalent and continue to face condemnation in today’s society; constitutionalism and international human rights law do not readily find acceptance among traditionalists; bride wealth payments persist among rural and urban folk alike and continue to symbolise a marriage between respective parties and their families; and spouses omit to register customary marriages mainly because bride wealth payments adequately legitimise their unions. Initiation ceremonies persist among some ethnic groups particularly the South African Xhosa who have adhered to circumcision for boys as determining their capacity to marry. The study concludes by making recommendations that could assist in harmonising customary law and common law. These include educational initiatives; advocacy and advice giving; regulation of unregistered customary marriages; improving access to justice; eradication of child marriages; improving the status of rural women; and constitutional reform. It is hoped that these recommendations will bridge the gap between customary law and western law as we endeavour to determine the future of the African marriage in a contemporary traditional context.

The construction of journalistic professionalism in Zimbabwe has stirred debate among scholars. Critics have argued that professionalism has been compromised by the stifling media laws in Zimbabwe as well as the extra legal measures the state has enforced to control the press. Some have also argued that a new kind of journalism must be emerging in the Zimbabwean newsroom as journalism try to cope with the political and economic pressures bedeviling the country. Much of this criticism however, has not been based on close interrogation of professionalism from the perspective of the journalists in any particular newsroom. It is against this background that this study examines the constructions of professionalism at the Financial Gazette. In particular it explores the meaning of professionalism through interrogating the journalistic practices the journalists consider during the process of news production in the context of overwhelming state power. In undertaking this examination, the study draws primarily on qualitative research methods, particularly observation and multi-layered individual in-depth interviews. As the study demonstrates, the interrogation of professionalism from the perspective of newsroom practices uncovers the complex manner in which professionalism is negotiated in the Gazette’s newsroom located in a country undergoing transition in Democracy. The study establishes that when measured against normative canons of journalistic professionalism the Gazette is deviating from such tenets as public service and watchdog journalism. As the study indicates, perhaps unbeknown to the respondents, the ruling ZANU PF party hegemony is reproduced at the Gazette through choice of news values such as sovereignty and patriotism all euphemisms for ruling party‘s slogans.

Prior to 1990, very few countries in the world offered special protection to child witnesses interfacing with the justice system. There were no legal provisions permitting testimonial accommodations for children in court. The courtroom experience was significantly traumatic for the children. With the international focus shifting from protecting and upholding the rights of the accused in the courtroom towards a more victim-centred approach, various international and regional instruments have strongly dvocated that children deserve special protection because of their vulnerability. In order for the courts to be able to elicit accurate evidence from the child without further traumatizing the child, research has shown that the child needs assistance. An intermediary may be defined as a person who facilitates communication between the child and the courtroom in a manner that takes into account the child‟s cognitive and developmental limitations. The thesis was prompted by the need to make a contribution to the currently limited body of literature on the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia by investigating how the systems can be improved and sustained in a way that helps to protect the child witness in court. Despite the problems the South African courts have had in identifying the appropriate interpretation of its intermediary legislation, the country emerges as a clear leader for the steps it took by creating a positive legal framework within which child protection issues are addressed and introducing the concept of the intermediary. This concept proved to be an inspiration to its neighbours, Namibia and Zimbabwe. The influence of the South African intermediary legislation is evident in the Namibian and Zimbabwean legislation. Although Namibian legislators have drafted laws that permit intermediary assistance in court, there are as yet no intermediaries appointed. In Ethiopia, although there is no discernible intermediary legislation, the country has managed to establish an intermediary system. As a result of the analysis conducted, it is evident that the efficacy of the intermediary system is dependent on the presence of an enabling legislation, its clarity and ease of interpretation, the sensitisation of court role players on child vulnerabilities, the significance of intermediary assistance, and finally a government's commitment towards the implementation process.

During Zimbabwe’s 2008 harmonised elections the country’s media laws had a direct impact on the way editorial cartoonists expressed themselves. Although the online newspapers were unregulated and the print media published under Zimbabwe’s media laws, Public Order and Security Act and Access to Information and Protection of Privacy act - the editorial cartoons from both sources show deliberate bias towards one candidate and contempt towards the main rival. The study contextualises the understanding of the editorial cartoon, as practised in an environment of freedom of speech and defined by the four categories identified by Press (1981) and Manning and Phiddian (2004), and delineates the effect of media laws on the newspaper industry in Zimbabwe. The four categories of editorial cartoons identified are descriptive editorial cartoons, laughing satirical editorial cartoons, destructive satirical editorial cartoons, and savage indignation editorial cartoons. The study reviews eight editorial cartoons, read using a semiotic framework investigating non-verbal communication, as defined and suggested by Du Plooy (1996), and a text and language grid, as suggested by Leech (1974), according to the criteria of symbols/metaphors, exaggeration/distortion, stereotypes, caricature, irony, captions, and background knowledge, as developed by Fetsko (2001). A comparative analysis of the cartoons reveals that objectives and functions of the unregulated zimonline.co.za and the regulated the Herald newspapers are the same. They constitute propagandistic representations of Zimbabwean politics that are more an extension of political ideology than they are a reflection of the country’s sociopolitical landscape.

The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.

Orientador: Evelina Dagnino
Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas
Made available in DSpace on 2018-08-19T07:08:49Z (GMT). No. of bitstreams: 1 Santos_GustavoGomesdaCosta_D.pdf: 1007047 bytes, checksum: b854b4d183a7e219363b228e2bd0e6d5 (MD5) Previous issue date: 2011
Resumo: A presente pesquisa analisa as lutas e conflitos em torno do reconhecimento legal das uniões entre pessoas do mesmo sexo no Brasil e na África do Sul. O estudo faz uso da perspectiva histórica para entender como ambos os países têm respondido às demandas por direitos sexuais no âmbito da política institucional. O "sucesso" sul-africano em criar uma ampla legislação favorável aos casais do mesmo sexo é contrastado com o relativo "fracasso" brasileiro em aprovar leis para este segmento da população. Variáveis do sistema político-jurídico, juntamente com a confluência (ou não) de projetos políticos comprometidos com a construção democrática presentes no âmbito da sociedade civil e do Estado explicam os resultados tão díspares nos dois países. A pesquisa inclui também a análise dos direitos garantidos aos casais do mesmo sexo em leis e decisões judiciais. Especial ênfase será dada na nomenclatura atribuída a estas uniões de maneira a compreender: a) se as leis e decisões judiciais garantem todos os direitos conjugais (herança, declaração conjunta de bens, adoção conjunta de crianças, garantia de visto de permanência de parceiro estrangeiro entre outros) aos casais do mesmo sexo e b) em que medida leis e decisões judiciais promoveram ou não a equiparação "simbólica" entre casais do mesmo sexo e casais do sexo opostos
Abstract: This research analyses the struggles and conflicts around the legal recognition of same-sex unions in Brazil and South Africa. The study takes the historical perspective to understand how both countries have met the demands for sexual rights in the political arena. The South African "success" in passing favorable legislation for same-sex couples is contrasted with the Brazilian "failure" in approving laws which extend marital rights for lesbian and gay couples. These divergent results are explained by differences in the configuration of political and legal systems and the presence (or not) of political actors (in civil society and the State) committed with a democratic political project. This study also includes an analysis of the rights granted to same-sex couples by laws and judicial decisions. Based on the differences in naming, the study examines: a) if laws and judicial decisions in both countries had extended all conjugal rights (inheritance, taxes deductions, joint adoption, immigration rights) to same-sex couples and b) to what extend had these laws and judicial decisions symbolically equalized same-sex and opposite sex couples
Doutorado
Ciencia Politica
Doutor em Ciência Política

Cette thèse de doctorat étudie les mouvements LGBT en Belgique, en France et en Espagne à travers une double comparaison (entre les cas et à travers le temps) qui intègre également les échanges et influences transnationaux et internationaux. Elle examine l’émergence et le développement de la revendication d’ouverture du mariage civil aux couples de même sexe dans ces pays, analysant les convergences en termes de contenu des demandes et de timing des mobilisations. Par conséquent, elle porte sur des convergences au niveau des mouvements sociaux, à l’inverse de la majeure partie de la littérature, qui se concentre sur les convergences de politiques publiques. Cette situation impose de construire une grille d’analyse basée sur la littérature sur les mouvements sociaux, les politiques publiques et les relations internationales (influence des normes internationales). Le développement des revendications relatives au droit au mariage a été retracé de manière généalogique depuis la fin des années 1980. La comparaison repose sur la méthode du most different systems design et un travail empirique important combinant analyse documentaire et entretiens a été réalisé. Cette thèse confirme l’importance de l’étude des échanges et des influences internationaux et transnationaux pour comprendre la politique domestique et insiste sur l’influence cruciale du réseautage transnational sur les revendications des mouvements sociaux. Elle révèle aussi quelques cas de diffusion entre mouvements sociaux et montre comment des caractéristiques et des contraintes communes peuvent inciter les mouvements sociaux à formuler des revendications similaires. Par ailleurs, les discours en faveur du droit au mariage ont été analysés avec soin. L’émergence de cette revendication a aussi été mise en perspective sur le plan historique, ce qui implique de réfléchir aux modalités de transformation des mouvements LGBT au cours des trente dernières années. Pour terminer, la notion de citoyenneté sexuelle a été interrogée et la manière dont l’accès à la citoyenneté a été posé a été examinée à partir du concept de resignification proposé par Judith Butler.

This dissertation looks at LGBT movements in Belgium, France and Spain through a double comparison (between cases and through time), which also takes into account transnational and international exchanges and influences. It investigates the simultaneous emergence and development of same-sex marriage claims in these countries, examining convergences in the content of the claims and the timing of protest. Therefore, it looks at convergences at the level of social movements, unlike most of the literature, which focuses on convergences in public policies. This specific research interests implies building an analytical model based on the literature on social movements, public policies and international relations (influence of international norms). It has also required a genealogical account of the development of same-sex marriage claims in each country from the end of the eighties until now. The comparison is based on the most different systems design method, and an extensive field work combining archives analysis and interviews has been carried out. This dissertation confirms the importance of taking into account international and transnational exchanges and influences to understand domestic politics, and insists on the crucial influence of transnational networking on social movements claims. It also discloses some cases of diffusion between social movements and shows how common characteristics and constraints may induce social movements to make similar but independent decisions. Discourses in favour of same-sex marriage have been carefully analysed, and the emergence of this claim has been put into a historical perspective. This implies a reflection on the transformations of the LGBT movement over the last thirty years. Finally, this dissertation interrogates the notion of sexual citizenship and examines the specific mechanisms through which access to citizenship has been proposed, discussing Judith Butler’s concept of resignification.

Doctorat en Sciences politiques et sociales
info:eu-repo/semantics/nonPublished

The research focused on the assessment of the effectiveness of the methods used in the implementation of environmental legislation in the Mutasa district of Zimbabwe. Successful implementation of environmental legislation and any other legislation is determined by various factors. Some of the factors include environmental education, environmental awareness programmes, consistency in implementing environmental legislation, coordination of all stakeholders, willingness of communities to co-operate and the political will by political office bearers. This research revealed that the methods used to implement environmental legislation in the Mutasa district of Zimbabwe are ineffective. Poverty is the main reason for activities leading to environmental degradation. Communities in the Mutasa district of Zimbabwe are ignorant of environmental legislation which govern their activities. Environmental education and environmental awareness programmes are rarely carried out. The political office bearers in the Mutasa district lack the political will to ensure that environmental legislation are enforced.
Public Administration
MPA (Public Administration)

This dissertation serves as an analysis of the current legislation criminalising both prostitution and homosexuality. The object of the dissertation is to explore the possibility of decriminalisation in the aforementioned areas of the criminal law, on the premise that the criminalisation of the aforementioned areas is not justified. The dissertation provides an overview of the historical progression of the law in relation to the sexual offences of homosexuality and prostitution, and examines the legislative trends that emerge within the historical context. The law and its relation to morality is explored, with the objective of examining whether morality can serve as a sufficient justification for criminalisation of conduct. Additionally the legislative justification for criminalising both homosexuality and prostitution is explored in order to determine the legitimacy thereof The current legislation is defined and examined. The Constitution of South Africa, and specifically the Bill of Rights is investigated to determine whether there can be any foundation therein for an appeal for decriminalisation. Finally, an examination of legislative alternatives is documented. The conclusion is then derived therefrom. The purpose of the dissertation is to examine the decriminalisation of victimless sexual offences, and the results of the research demonstrate favourably towards such an initiative.
Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1996.

M.Com. (Industrial Psychology)
In line with recent media reports, it is apparent that homosexual individuals are treated unfairly in a variety of contexts. Yet, little is known regarding the discrimination of homosexual employees in the South African workplace. The objective of this study was to examine the nature of discriminatory experiences of South African homosexual employees. In this study a qualitative approach was used with hermeneutic phenomenology as the method of data analysis. Data were collected through the means of semi-structured interviews with ten homosexual employees from various industries within the Gauteng province. The findings suggest that homosexual individuals do experience discrimination at work and that the experiences of discrimination at work are slightly different for gay employees than for lesbian employees. Three themes generated for gay employees (workplace bullying, the use of prejudice and stereotypes, and problems with people management practices, policies and procedures), while four themes were generated for lesbian employees (workplace bullying, the use of prejudice and stereotypes, problems with people management practices, policies and procedures, and sexual harassment). The contributions of the study will be to provide much needed awareness and understanding of workplace discrimination against homosexual employees. It is hoped that the findings of this research will lead to a re-examination of human resource practices and policies regarding diversity training and anti-discrimination.

Social relations are valued by many in rural settings as they provide strong sources of social support among rural households. Barr (2004) and Dekker (2004a) indicate that such strong social relations exist mainly in small villages where kin and family members stay close to each other. They both highlight the importance of kin networks for most rural families to strengthen their social capital and resource-pooling strategies. Through strong and reliable social networks, people can work together for a common good and improve their well-being. It is therefore important for rural households to live close by their kin and friends so that they can pool resources and help each other in times of need. However, following land reform in Zimbabwe, many people left their communal homes and moved to the resettlement areas. These movements impacted on family structures, social networks as well as the livelihood strategies that were established in the communal areas over the years. This study investigates how the movement to resettlement areas has affected the day-to-day lives of the resettled families. This question is explored through a case study of resettled households at Dellos farm, in the Felixburg resettlement area in Zimbabwe. Given that their existing social networks were disrupted with the resettlement at Dellos farm, households established new social networks which they now rely on in their daily lives. Although these new networks are not based on kinship, which is regarded as a strong source of social support, they have proven to have great influence on people’s livelihoods at the farm. Regardless of the limited support households received from the government and other institutions, their social networks allowed them to improve their livelihoods and in turn improve their social and economic status.
Thesis (M.Dev.Studies)-University of KwaZulu-Natal, Durban, 2012.

In this thesis I start by reviewing the theoretical perspectives that have informed the debate around equality rights for gays and lesbians. Next, I will analyze the concept of equality developed by the Supreme Court of Canada under section 15 of the Canadian Charter of Rights and Freedoms. In the Andrews case, decided in 1989, the Supreme Court of Canada rejected a model based on formal equality, embracing instead the far-reaching concept of substantive equality as a way to redress historical prejudice and disadvantage of individuals and groups that fall within enumerated or analogous grounds of discrimination. In the last decade, a number of courts have applied this model to equality claims brought under the Charter by same-sex couples. I will explore the details of several of these cases as well as a variety of statutes relating to same-sex couples. Finally, I will discuss recent law reform proposals that recommend that state benefits should be allocated regardless of the relationship status of the beneficiaries, thereby envisaging more radical changes to the legal system. I conclude that the Canadian approach to equality for same-sex couples has followed an interpretive method that seems to apply a definition of family that is shifting and varies on an ad hoc basis, but that the denial of spousal status under marriage laws represents a limitation of equality rights still to be overcome. I also conclude that, in fact, the concept of status may still influence the adjudication process under section 15 of the Charter as far as marriage rights are concerned. This is because the framework of analysis under section 15 calls for an assessment of the claimant's position in the larger socio-political context, and this element, if not properly circumscribed, risks being corrupted by existing prejudices and biases relating to family.

Abstract in English, Afrikaans and Zulu
In 2016, Zimbabwe introduced specific transfer pricing legislation to prevent abusive tax strategies by taxpayers. This study uses a qualitative interpretive inquiry to assess the adequacy of the new transfer pricing regime. This study contributes to the body of knowledge in that it explores transfer pricing as a tax avoidance tool, a concept that is at its nascent stage in academic taxation literature. Furthermore, it addresses a methodological gap by employing a qualitative inquiry in an area that is predominated by quantitative research. Indepth interviews and document review were used to gather data, and deductive content analysis was employed with the aid of ATLAS.ti 8™. This study confirms previous findings that tax consultants play a significant role in the compliance decisions of Multinational Enterprises (MNEs) through the examination of the exploitative strategies practiced by these MNEs. The comparison of the OECD and UN transfer pricing guidelines in search for the applicability of international guidelines to Zimbabwe’s specific needs helped uncover the contemporary dilemmas in global standards versus domestic standards. This study responds to the knowledge gap regarding the transfer pricing phenomenon in Zimbabwe through the lenses of an under-explored three-layered rationality concept; legal, implementation and exploitative rationality. The argument maintained in this study is that this rationality trichotomy is a useful lens to understand transfer pricing as a tax avoidance tool, and that international standards are not universal and so each country’s unique situation should be addressed at a domestic level.
Zimbabwe het in 2016 bepaalde oordragprysingswetgewing ingestel om onregmatige belastingstrategieë deur belastingbetalers te voorkom. Hierdie studie het ’n kwalitatief-interpretatiewe ondersoek gebruik om die toereikendheid van die nuwe oordragprysingsregime te assesseer. Die studie lewer ’n bydrae tot die kennismateriaal omdat dit oordragprysing as ’n belastingvermydingsinstrument ondersoek, ’n konsep wat in sy kinderskoene in akademiese belastingliteratuur staan. Dit verken ook ’n metodologiese gaping deur ’n kwalitatiewe ondersoek te gebruik op ’n gebied wat deur kwantitatiewe navorsing oorheers word. Omvattende onderhoude en dokumentbeoordelings is gebruik om data in te samel en deduktiewe inhoudsontleding is met behulp van ATLAS.ti 8™ gedoen. Hierdie studie bevestig vorige bevindinge dat belastingkonsultante ’n baie belangrike rol speel by die nakomingsbesluite van multinasionale ondernemings (MNO’s), gebaseer op die ondersoek van die uitbuitende strategieë wat deur hierdie MNO’s beoefen word. ’n Vergelyking van die Organisasie vir Ekonomiese Samewerking en Ontwikkeling (OESO) en die Verenigde Nasies (VN) se oordragprysingsriglyne om die toepaslikheid van internasionale riglyne ten opsigte van Zimbabwe se bepaalde behoeftes te bepaal, het gehelp om die eietydse dilemmas van globale standaarde versus huishoudelike standaarde bloot te lê. Hierdie studie stem ooreen met die kennisgaping rakende die oordragprysingsverskynsel in Zimbabwe deur deur die lens van ’n onderontgindedrielaag-rasionaliteitskonsep, naamlik wetlike, implementerings- en uitbuitende rasionaliteit, te kyk. Die studie voer aan dat hierdie rasionaliteitsdrieledigheid ’n nuttige manier is om oordragprysing as ’n belastingvermydingsinstrumente te verstaan, dat internasionale standaarde nie universeel is nie en dat elke land se unieke situasie derhalwe op ’n huishoudelike vlak aangespreek moet word.
Ngonyaka we-2016, izwe laseZimbabwe lithula imithetho ebhekene ngqo nokwedluliselwa kwezezimali zentengiselwano ukuvimbela ukusetshenziswa ngendlela esakuhlukumeza amasu ezentela ngabakhokhintela. Lolu cwaningo lusetshenziselwa uphenyo olukhombisa ukuhumusha okuphathelene nobungaki bento ukuze luhlolisise ukudluliselwa kwesikhathi sokuphatha esisha ekudlulisweni kokubekwa kwamanani emali. Ucwaningo lunomethelela olwazini olufanele ngokuthi lihlola ukubekwa kwamanani njengethuluzi eligwema ukukhokhwa kwentela, njengomqondo osesesigabeni sokuqala ukukhula ezifundweni zemibhalo yezentela. Ngaphezu kwalokho, sikhuluma ngegebe elikhombisa indlela yokwenza izinto ngokusebenzisa uphenyo olukhombisa ubungako bento endaweni egxile ocwaningweni olubheke obungako bento. Ukuthola ulwazi ngalokhu kuye kwasetshenziswa izinhlolokhono ezijulile kanye nokubuyekezwa kwemiqulu yamabhuku, kanye nokusetshenziswa kokuhlaziya okuqukethwe okuphunguliwe ngokubambisana nosizo le-ATLAS.ti 8™. Lolu cwaningo luqinisekisa okutholakale ngaphambilini okubonisa ukuthi abeluleki bezentela badlala indima ebalulekile ezinqumweni zokuthobela imithetho yezinkampani zamazwe angaphandle ngokusekelwe ekuhlolweni kokuxhashazwa kwamasu enziwa yizo izinkampani zamazwe angaphandle. Ukuqhathaniswa kwe-OECD kanye ne-UN mayelana nokudlulisela imihlahlandlela yamanani ekufuneni ukusebenza kwemihlahlandlela yeziqondiso zomhlaba wonke ngokwezidingo zaseZimbabwe kusize ekwembuleni izinkinga zesikhathi esizayo emazingeni omhlaba ngokuhambisana namazinga ezindinganiso zomhlaba jikelele ngokuhambisana namazinga asekhaya. Lesi sifundo siphendula igebe lolwazi elimayelana nokwedluliselwa kwesimo sokubekwa kwenani lemali kwezezintengiselwano eZimbabwe ngokusetshenziswa kokubhekwa komqondo onezigaba ezintathu ongaphansi kwesilanganiso sokuhlola, okungumthetho, ukwenziwa kwakhona kanye nokuxhashazwa kwemiqondo. Lolu cwaningo luphikisana nokuthi lomqondo ongunxantathu yinto ebhekwe ngamehlo abomvu futhi ebalulekile ekuqondeni ukudluliselwa kokubekwa kwesimo sezemali njengethuluzi lokugwema ukukhokhwa kwentela, okusho ukuthi amazinga omhlaba awasiyo into efanayo nokuthi izwe ngalinye linesimo salo esingafanani nelinye okwenza ukuthi isimo ngasinye sibhekwe ngokwesimo sezinga lasekhaya.
Financial Accounting
D. Phil. (Accounting Sciences)

The degree to which a country’s public entities observe basic principles of good corporate governance is an increasingly important factor for attracting investment capital, maintaining economic stability and encouraging growth. Zimbabwe is faced with the challenge of restructuring for greater efficiency and creating an investment-friendly environment, therefore practicing good corporate governance in public entities is crucial for success and economic growth. As business entities, public entities need to be managed effectively by a competent board, which is able to construct and implement strategies that are in the best interests of the entity and all stakeholders. This study focuses on the corporate governance initiatives, laws and regulations aimed at enhancing the effectiveness of boards of public entities in Zimbabwe. The key question addressed is whether or not the corporate governance initiatives and legal and regulatory reforms in Zimbabwe are sufficient to enable boards of public entities to effectively discharge their duties and meet internationally accepted corporate governance standards. A comparative analysis of Zimbabwe’s public entities corporate governance framework to that of South Africa (a developing country like Zimbabwe) and Australia (a developed country with similar common law heritage) is also conducted. Recommendations are made on how best to enhance the effectiveness of boards of public entities in order to promote good corporate governance practices in Zimbabwean public entities. The research established that the existing corporate governance framework has not been effective in improving the effectiveness of Zimbabwe public entity boards due to lack of commitment and consistency, political interference, weak enforcement mechanisms, corruption and general disregard for the rule of law. The research found that South Africa and Australia have performed better than Zimbabwe in terms of creating conducive environments for boards of public entities to effectively discharge their duties. To improve the effectiveness of public entity boards, it was found that boards should be properly empowered, government intervention should be minimised, board appointment processes should be transparent and merit-based, boards should be properly composed, board remuneration should be fair and performance related, the performance of the board should be regularly evaluated and effective enforcement mechanisms should be put in place.
Mercantile Law
LL. D.

The study investigated Zimbabwean Christian and Muslim women who had experienced domestic violence with a view to finding out the extent to which these women used provisions of the Domestic Violence Act of 2006. The study was conducted in urban Masvingo and its surroundings. The methodology applied to the empirical investigation was qualitative and was informed by the phenomenological, feminist and pragmatic theoretical frameworks. Data was collected, by means of in-depth semi-structured interviews, from 30 participants, 22 Christian and 8 Muslim, who were selected using purposive sampling and snowball sampling techniques. In investigating the women’s experiences, some questions guided the study. These include: Where and to what extent does a select group of Christian and Muslim women who fall victim to domestic violence normally seek help? How do religious and cultural beliefs and practices influence the response to domestic violence by the abused as well as those to whom they report? To what extent do religious communities prevent selected victims of domestic violence from seeking legal assistance? Data was analysed by coding responses according to themes. The study revealed that the participants perceived domestic violence as having diverse causes and most of them saw their religion as crucial in addressing their plight. It emerged that a majority of the participants sought help from their religious communities as well as relatives and friends. Mixed responses emanated from these sources of help. The most common response, based largely on religious and cultural beliefs, was to encourage participants to avoid reporting to authorities. It also emerged that most of the participants were not willing to seek help from the police, courts or legal practitioners to seek redress because of the advice they received as well as their own internalised beliefs. Religious, social, and economic factors prevented most participants from appealing to provisions of the Domestic Violence Act.It was concluded that the Zimbabwean Domestic Violence Act had limited usefulness for participants because of religious, social and economic factors. It was recommended that if relevant stakeholders could jointly work together, domestic violence would be alleviated. Recommendations for further research were also made.
Religious Studies & Arabic
D. Litt. et Phil. (Religious Studies)

Orientation: The safety of any natural being with respect to the processing of their personal information is an essential human right as specified in the Zimbabwe Data Protection Act (ZDPA) bill. Once enacted, the ZDPA bill will affect universities as public entities. It will directly impact how personal information is collected and processed. The bill will be fundamental in understanding the privacy perceptions of students in relation to privacy awareness, privacy expectations and confidence within university. These need to be understood to give guidelines to universities on the implementation of the ZPDA. Problem Statement: The current constitution and the ZDPA are not sufficient to give organisations guidelines on ensuring personal information privacy. There is need for guidelines to help organisations and institutions to implement and comply with the provisions of the ZDPA in the context of Zimbabwe. The privacy regulations, regarded as the three concepts (awareness, expectations and confidence), were used to determine the student perceptions. These three concepts have not been researched before in the privacy context and the relationship between the three concepts has not as yet been established. Research purpose: The main aim of the study was to develop and validate an Information Privacy Perception Survey (IPPS) diagnostic tool and a Student Personal Information Privacy Perception (SPIPP) model to give guidelines to universities on how they can implement the ZDPA and aid universities in comprehending student privacy perceptions to safeguard personal information and assist in giving effect to their privacy constitutional right. Research Methodology: A quantitative research method was used in a deductive research approach where a survey research strategy was applied using the IPPS instrument for data collection. The IPPS instrument was designed with 54 items that were developed from the literature. The preliminary instrument was taken through both the expert review and pilot study. Using the non-probability convenience sampling method, 287 students participated in the final survey. SPSS version 25 was used for data analysis. Both descriptive and inferential statistics were done. Exploratory factor analysis (EFA) was used to validate the instrument while confirmatory factor analysis (CFA) and the structural equation modelling (SEM) were used to validate the model. Main findings: diagnostic instrument was validated and resulted in seven new factors, namely university confidence (UC), privacy expectations (PE), individual awareness (IA), external awareness (EA), privacy awareness (PA), practice confidence (PC) and correctness expectations (CE). Students indicated that they had high expectations of the university on privacy. The new factors showed a high level of awareness of privacy and had low confidence in the university safeguarding their personal information privacy. A SPIPP empirical model was also validated using structural equation modelling (SEM) and it indicated an average overall good fit between the proposed SPIPP conceptual model and the empirically derived SPIPP model Contribution: A diagnostic instrument that measures the perceptions (privacy awareness, expectations and confidence of students) was developed and validated. This study further contributed a model for information privacy perceptions that illustrates the relationship between the three concepts (awareness, expectations and confidence). Other universities can use the model to ascertain the perceptions of students on privacy. This research also contributes to improvement in the personal information protection of students processed by universities. The results will aid university management and information regulators to implement measures to create a culture of privacy and to protect student data in line with regulatory requirements and best practice.
School of Computing
Ph. D. (Information Systems)

Public programming initiatives are considered as an integral part of archival operations because they support greater use of archival records. This study investigated public programming practises in the ESARBICA region. The findings of the study were determined after applying methodological triangulation, within a quantitative research context. This included the use of self-administered questionnaires, semi-structured interviews and the analysis of documents and websites. Participants in this study were ESARBICA board members, Directors of the National Archives and archivists from the ESARBICA region. Nine (69.2%) national directors representing different member states completed the questionnaire and eight archivists from the same region were interviewed. Furthermore, three ESARBICA board members were also interviwed. Legislation and country reports from ESARBICA member states were reviewed, together with websites of institutions within the ESARBICA region that offered archival education and training. Findings of the study indicated that public programming initiatives were not a priority. Reasons for this included lack of public programming policies, budgetary constraints, shortage of staff and lack of transport. Furthermore, the national archives were reluctant to rope in technology to promote their archives. Collaboration efforts with regard to promoting archives were shallow. Moreover, the investigation of user needs was restricted to existing users of the archives. In addition to all this, the archivists felt that they needed to improve their public programming skills. The study therefore suggests that the national archives of ESARBICA should focus on: legislation, public programming policies, advocacy, users, partnerships and skills. Taking these factors into consideration, an inclusive and integrated public programming framework was developed and proposed as a possible measure for improving public programming efforts in the ESARBICA region.
Information Science
D. Litt. et Phil. (Information Science)

This project analyzes the sexual and gender politics of flight attendants, especially the men who did this work, since the 1930s. It traces how and why the flight attendant corps became the nearly exclusive domain of white women by the 1950s, then considers the various legal battles under the 1964 Civil Rights Act to re-integrate men into the workforce, open up greater opportunities for African-Americans, and liberate women from onerous age and marriage restrictions that cut short their careers. While other scholars have emphasized flight attendants' contributions in battling sexism in the courts, this project is unique in expanding such consideration to homosexuality. Male flight attendants' status as gender pariahs in the workforce (as men performing "women's work")--combined with the fact that many of them were gay--made them objects of "homosexual panic" in the 1950s, both in legal proceedings and in various forms of extra-legal intimidation. A decade later, aspirant flight attendants were participants in some of the first cases brought by men under Title VII of the Civil Rights Act. Their victories in the courts greatly benefited the gay community, among others, which thereby enjoyed greater freedom to enter a highly visible, public-relationsoriented corporate career. As such, my project helps to recast the legal legacy of the civil rights movement as a three-pronged reform, confronting homophobia as well as racism and sexism. Beyond legal considerations, Manhood Up in the Air also examines how both labor unions and the airlines negotiated a legal environment and public sentiment that largely condoned firing homosexuals, while nonetheless accommodating gay employees. This form of accommodation existed in the 1950s, though much more precariously than in the post-Stonewall decade of the 1970s. Thus, the project records the pre-history to the current reality, in which both corporations (with airlines at the forefront) and labor unions have become core supporters of the contemporary gay rights movement.
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