Dissertations / Theses on the topic 'Law, Yoruba (African people)'

Thesis (M.A.)--Georgia Southern University, 2009.
"A thesis submitted to the Graduate Faculty of Georgia Southern University in partial fulfillment of the requirements for the degree Master of Arts." Directed by Sue Mullins Moore. ETD. Includes bibliographical references (p. 85-88)

Thesis (MTh (Old and New Testament))--Stellenbosch University, 2008.
This study examines the exodus event and its impact on identity formation in the light of the origin and migration narratives of the Yoruba people. On the one hand, it is observed that migration is not only an ancient but a universal phenomenon. Its rootedness in Africa and its profound influence on identity formation are therefore brought to the fore by comparing the origin and migration narratives of the Yoruba with those of the Tiv and the amaZulu. The findings show that certain elements of the origin and migration narratives such as a common ancestor, a common ancestral home, a common belief in Supreme Deity etc., provide a basis for identity formation and recognition among these Africans, in particular, the Yoruba. On the other hand, the study focuses on the Sea event in Exodus 14-15:18 which is composed of both a narrative and a poetic rendition of the sea-crossing by the children of Israel. In the Sea event, Israel acknowledged in story and song that it was Yahweh who as a warrior, delivered its people from the hand of Pharaoh and took them safely to the other side of the Sea. This research shows that a literary consideration of the text and especially of the interplay between prose and poetry points to Yahweh as the main character in the Sea event. Consequently, Israel’s identity is defined in Yahweh whose own identity as warrior and deliverer brought Israel victory over the Egyptians and paved the way for a new nation in a new land. In this sense, Israel’s identity is assumed to be a theological one. It is argued that the Yoruba origin and migration narratives help to bring to light the memories of exodus and Israel’s recollection of Yahweh as the root of its identity. The narratives help to appreciate more clearly Yahweh’s role in the midst of his people and the his centrality to Israel’s self-understanding even as they show that these can provide valuable resources in today’s world where migration and the struggle for identity are features that are not likely to fade away. Besides, the juxtaposition of cosmogonic myths and migration theories in attesting to the elements of Yoruba identity formation, have a parallel in the blending of both cosmic and migration elements in Exodus 14-15:18. This blending also foregrounds the role of Yahweh in the Sea event. In addition, the study suggests that the interaction between prose and poetry in the Sea event is an instance of a separate genre which further research may confirm in Yoruba, especially in folk-tales and in oríkì-oríle (praise names/epithet).

Thesis (MPhil)-- Stellenbosch University, 2001.
ENGLISH ABSTRACT: This ethical case study of public slaughter has indicated that there is an urgent need to address the issue of public slaughter, because it has resulted in animosity and polarisation between black and white people living in the Goldfields. Black people feel that their rights are violated, and they are not protected by the government because they encounter problems when practising their rituals. White people feel that the government is not protecting them from the health hazards caused by black people. The ultimate aim of the study is to contribute to and amplify the existing body of knowledge with regard to the extent of the problem experienced by people in the Goldfields, its impact in their every day lives and to propose guidelines that will help when regulations governing environmental issues are drawn. In order to accomplish these aims the following objectives should be realised by this study: • South Africa is a multi-racial country so a uniting policy is needed. • Each culture is unique and it has a special value, so no culture must be marginalised. • The old policy needs to be revised and amendments made. • Identify the actual causes of these problems. Are they racist driven or are they driven by genuine health concerns? This ethical study also indicates that the following are central values that should inform decision-making: • Health. • Respect and tolerance. • Communication. • Participation. Transparency. • Commitment. Based on the findings from the research conducted it is clear that both clashing parties (black and white people) need to live in peace at the ultimate end although their description of peaceful life differs, so the following recommendations are made as to how to address and alleviate problems caused by public slaughter. • A formal meeting must be convened to discuss this critical issue. • Drafted proposals must be produced. • The proposals must be debated. • The proposal must be adopted. • The existing bylaws must be changed.
AFRIKAANSE OPSOMMING: In hierdie gevallestudie in etiek oor slagtery in die openbaar is bevind dat daar 'n dringende behoefte bestaan om die probleem van slagtery in die openbaar aan te spreek, veralomdat dit in die verlede reeds tot spanning en polarisasie tussen swart en wit groepe in die Goudveld aanleiding gegee het. Swartmense voel dat hulle regte aangetas word en dat hulle nie genoegsaam deur die owerheid beskerm word om hulle rituele uit te voer nie. Witmense voel weer dat die owerheid hulle nie beskerm teen gesondheidsgevare wat geskep word deur swartmense nie. Die uiteindelike doel van hierdie ondersoek is om 'n bydrae te lewer tot die uitbouing van bestaande kennis oor die omvang van die probleem wat mense in die Goudveld ondervind met slagtery in die openbaar, wat die impak daarvan is op die alledaagse lewens van mense, en om voorstelle aan die hand te doen wat gebruik kan word wanneer regulasies opgestel word oor omgewingskwessies soos hierdie. Om hierdie oogmerke te bereik sal die volgende punte in hierdie studie aandag ontvang: • Suid-Afrika is 'n veelrassige land, so 'n beleid word benodig wat mense verenig. • Elke kultuur is uniek en het 'n besondere waarde, dus geen kultuur mag gemarginaliseer word nie. • Die bestaande beleid moet hersien en aangepas word. • Die werklike oorsake van die probleme moet geïdentifiseer word. Is hulle rassisties van aard, of gebaseer op werklike gesondheidsoorweginge ? In hierdie etiese studie is ook vasgestel dat die volgende kern-waardes die proses van besluitneming behoort te beïnvloed: • Gesondheid. • Respek en verdraagsaamheid. • Kommunikasie. • Deelname. • Deursigtigheid. • Verbintenis ("commitment"). Vanuit die bevindinge van die navorsing is dit duidelik dat albei die botsende partye (swart- en witmense) uiteindelik in vrede met mekaar moet saamleef, alhoewel hulle omskrywings van 'n vreedsame lewe verskil van mekaar. Gevolglik is die volgende aanbevelings gemaak om die probleem van slagtery in die openbaar aan te spreek: • 'n Formele byeenkoms moet saamgeroep word om die kritiese probleem te bespreek. • Skriftelike voorstelle moet vir so 'n byeenkoms opgestel word. • Die voorstelle moet bespreek word. • 'n Voorstel moet aanvaar word. • Die bestaande regulasies moet verander word.

Aspects of customary land tenure may survive even where formal rules in a society supersede custom. This thesis is about persisting custom for Maori Freehold land (MFL) in New Zealand, and the Communal Areas (CAs) of Zimbabwe. Three questions are addressed: what unwritten land tenure custom still persists for Ngai Tahu, Shona and Ndebele, what key historical processes and events in New Zealand and Zimbabwe shaped the relationship between people and land into the form it displays today, and how do we explain differences between surviving customary tenure practices in the two countries? The research was based on in-depth interviews. A key difference between the two countries was found to lie in the type and degree of security available over the years to Maori and Shona/Ndebele. Roots of security were found in the substance of the founding treaties and concessions, and thereafter in a variety of other factors including the help (or lack of it) offered by the law in redressing grievances, the level of intermarriage between settler and autochthon, the differing security of land rights offered in urban centres in the respective countries, demographic factors and the availability of state benefits. This research finds that greater security was offered to Maori than to Shona and Ndebele, and that this has reduced the centrality of customary practices with regard to land. The research found that, in Zimbabwe, tenure security in the CAs is still underwritten by communities and that significant investment is still made in both living and dead members of those communities. Another finding is that land custom has adapted dynamically to meet new challenges, such as urban land and CA land sales. In New Zealand, investment in groups that jointly hold rights in MFL has, to some extent been eclipsed by the payment of rates and the availability of services (e.g. state-maintained boundary records and law enforcement mechanisms) and of benefits (e.g. superannuation, disability and unemployment). Land and community are not as closely linked to survival as they were in the past and, for many, they have come to hold largely symbolic value and less practical significance. Overall, it is the pursuit of security and �belonging� that have been the greatest influences on customary land tenure practices in the long term.

This study examines the custom of circumcision in the context of culture, law and the Constitution. In Chapter 1 the writer considers the pervasive role of culture in the context of the current debate in relation to equality versus culture. In Chapter 2 the writer considers the origin, development and the legal significance of the custom of circumcision in the Eastern Cape. In Chapter 3 the writer traces the circumstances leading to the enactment of the Provincial statute governing circumcision of children. In this chapter the writer also poses the question whether an aspect of morality can effectively be regulated by law. Chapter 4 looks at the question of cultural rights in terms of the Constitution and the possible effect of the promulgation of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act 19 of 2000 on the approach of the courts in respect of constitutional challenges directed at some aspects of customary law. Chapter 5 looks at the custom of circumcision and the need for the protection of children. The writer raises the issue of the role of traditional leaders in the eradication of abuses associated with circumcision. The last Chapter comments on the reasons for the failure of the new Act governing circumcision in the Province.

Magister Artium - MA
Both Am-Xhosa and the European farmers, being pastoralists "the search for land and grass was (their) first principle", notes Walker (1928). When they met, they differed fundamentally on the "vital matter oflandholding" . So different were their perspectives, that Lekhehla (1955) suggested, as far as the treaties were concerned: "The Native Chiefs either did not understand the implications of the border treaties, or if they did, never intended to respect such treaties" (p.2 1). Hopper (1980) says the tension between the Europeans and the Africans on the land issue emanated from the fact that "Xhosa expansion" and "colonial expansion" processes were entirely different. While Am-Xhosa expanded in order to "preserve their political integrity" colonists were driven by an economic dynamic they expanded because land was necessary to accommodate growth (1980:261).

Thesis (M.A.)--University of California, San Diego, 2010.
Title from first page of PDF file (viewed April 14, 2010). Available via ProQuest Digital Dissertations. Includes bibliographical references (p. 75-78).

The thesis covers the branches of law known as Constitutional law and Customary law. It focuses on the powers of the Swazi monarch, which are based on a combination of the received Western law and Swazi custom. For the purposes of this study, therefore, Swazi law and custom shall be taken to include both the statutory law and the yet unwritten customary law. Swaziland is black Africa's only remaining traditional monarchy, ruled as it is by the Ngwenyama, an indigenous institution, whose origin is derived from custom. The resilience of this ancient system of government in a continent where modernisation and constitutional democracy among other factors have led to its extinction is phenomenal, particularly because some commentators have described traditionalism in modern Africa as an "embarrassing anachronism.' In Swaziland the monarchy continues to be a vibrant system and the nation is currently engaged in a process of not only codifying the customary law but also of drafting the constitution of the country. One of the key areas of concern is the question of the distribution of power between the monarch and the people under the proposed constitution. Traditionalists are of the view that the powers that the King currently exercises should remain intact as they are a reflection of the Swazi law and custom. Progressives, on the other hand, are of the view that the current position makes the King an absolute monarch and are thus proposing a change from an absolute to a constitutional monarch. In other words they want some kind of checks and balances in the envisaged system of government. The study will show that the constitutional evolution of Swaziland and the exigencies of synthesising modern and traditional systems of governance have over the years obscured the true nature of the powers of the monarch in terms of Swazi custom. Thus before we can consider whether the future of the monarchy in Swaziland depends on the harmonisation of modern and traditional systems of governance, it is necessary to revisit the past to determine the powers of the monarch in their embryonic form, for it is from this period that we can extrapolate the powers of the Ngwenyama in terms of Swazi custom. The thesis has been arranged as follows: The first chapter will review the precolonial political system of Swaziland with a view to establishing whether monarchical authority was founded on command or consensus. The various theories, which seek to explain the foundations of the monarchical system of government, will be outlined. The second chapter will focus on European influence on the Swazi traditional system of government. The third chapter will be an analysis of the powers of the monarch under the 1968 independence constitution. The fourth chapter will focus on the effect of the repeal of the 1968 independence constitution by the Monarch. The fifth chapter will focus on the constitutional reforms under the reign of king Mswati III. The sixth and last chapter focus on proposals for reform. The research method used was in the main, an analysis of relevant legal principles as contained in textbooks, legislation, journals, the scant case law that is available in this area of the law and other relevant materials. A comparative survey of ancient African kingdoms will be done, with emphasis on those Kingdoms, which later became British colonial possessions. It is hoped that this comparative analysis will help explain the evolution of these traditional structures alongside modern governmental institutions.

Esta dissertação se propõe analisar a normatização da estrutura de poder das casas-matrizes iorubás, buscando elementos no complexo processo histórico do grupo iorubá no cenário afro-brasileiro e nas práticas do sistema político-social no continente africano. Este estudo objetivou apontar possíveis contornos entre o arcabouço que delineia a sociedade africana em seu sistema de governo e a construção dos ritos iniciáticos que possibilitaram a ordenação das casas de culto de tradição iorubá no Brasil. Para tanto, a observação das práticas iniciáticas nas casas-matrizes de tradição iorubá do Recife e de Salvador formatou o processo litúrgico que dá legitimidade às práticas que fundamentalizam a instância do poder dos sacerdotes afro-brasileiros, visto que inexiste esta função, com este contingenciamento de poder no conjunto sociorreligioso iorubá africano, fora do âmbito real. Neste contexto, a dinâmica da pesquisa identificou, também, possíveis laços de parentesco sagrado entre as duas casas de culto pesquisadas: egbá e ketu
The aim of this dissertation is to analyze the normalization of the power structure of the Yoruba parent homes, seeking elements in the complex historical process of the Yoruba group both in the African-Brazilian scenery and in the practices of the socio and political systems of Africa. The main focus of this study was to identify possible contours of the framework which delineates the African society in its governance and the construction of initiation rituals which allowed the ordination of houses of worship of traditional Yoruba in Brazil. Therefore, the observation of initiation practices in the parent homes of Yoruba tradition of Recife and Salvador formatted the liturgical process that gives legitimacy to practices which support the instance of the power of the African-Brazilian Yoruba priests, since this function does not exist with this curtailment of power in all socio religious African Yoruba setting outside the real. In this context, the dynamics of the research also identified possible sacred bonds of kinship between the two houses of worship investigated: Egba and Ketu

The study explored the cultural dynamics of construction of sexual intercourse within gender constructions of masculinity and femininity among the Yoruba people of South western Nigeria. The Explanatory Model Interview Catalogue (EMIC/ETIC) framework, a cultural explanatory social analytic framework with guides to looking at the insiders' perspectives, was used as the theoretical base to the study. The study was conducted to broaden understanding of sexual relationships in order to generate culturally relevant programmes that can promote sexual health, control sexual coercion, sexual violence and reduce the transmission and spread of HIV. It explored information about the conceptions of sexual relationships, social dynamics of sexual negotiations in marital and non-marital relationships, the expressions and process of knowledge acquisition as such translates to sexual behaviour by men and women. The prevalence of consensus, coercive and forced sexual intercourse and sexual morbidity were determined. Perceived link of sexual coercion and sexual violence to HIV transmission was also explored. Traditional practices, including regulatory mechanisms for the control of sexual behaviour of men and women in the culture were also explored. Equally focused in the study were differences in the conceptions of sexual relationships among the study population as moderated by sex, age, educational background and marital status, along with experiences of sexual coercion, forced sex, and sexual intercourse related morbidity. Adopting the ethnographic method, qualitative data from historical review of existing information about the Yoruba people, focus group discussions, in-depth individual interviews and observations were complemented by quantitative data generated through a survey in a sample Yoruba community of lIe-Ife. Findings showed the conception of sexual relationships and sexual intercourse built around the conception and social constructions of active masculinity and passive femininity. Conceptions of sexual relationship evolved as a transitional phenomenon that individuals were expected to learn informally instinctually and as they attain sexual biological maturity through language use and observations of practices among older people. Two typologies of masculinity and femininity were discernible in the study population that also give specifications to social and sexual behaviour of men and women. There appeared a changing conception of femininity especially among young people below 30 years, which is also informing sexual behaviour of young women. Relationships were moderated by age, economic status and marriage, which invariably put women in subordinate position to men either in social or sexual relationships. Behaviour of men and women were dictated by social role assignment of leadership through economic provisions for family and control of sexual act by the man. This was within a contractual relationship of older men with younger women with the primary motive of procreation in traditional orientation. Sexual intercourse was seen as a compulsory act for both men and women especially as it results to procreation though the initiation and control were part of the social responsibility of the man. It was socially approved within marriage but pre-marital and extra marital relationships were tolerated more for men. The act was also used "as a prove of self", for economic gains, to demonstrate love, for enjoyment and as a tool of punishment of women by some men. Knowledge acquisition about sexual relationships and sexual intercourse tended to be inadequate throughout the life span. There was never a time when individuals, even after marriage, have access to correct information about sexual intercourse. There was gross assumption of what sexual partners know about sexual intercourse in the population. Within the context of 13 identifiable topical knowledge areas desirable for sexual health, more than 50% of males and females expressed lack of knowledge. There were significant differences in expressed knowledge by male and female respondents of what sexual intercourse is and the motives of sexual intercourse
Thesis (Ph.D.)-University of KwaZulu-Natal, Durban, 2005.

M.Tech. Drama and Film Studies.
The aim of this thesis is to explore the concept of Africanisation in the context of the Yoruba culture of the South West of Nigeria. It seeks to study the nature and form of life among the Yoruba people through the lens of selected plays by playwright and novelist Wole Soyinka, focusing on the motivations for the culture that is observed among the Yoruba speaking people. This study seeks to answer two major questions using the qualitative research method. These questions are: What cultural hallmarks and identities of the Yoruba people are represented in the selected plays of Wole Soyinka, which are Death and the Kings Horseman, The Strong Breed and The Lion and the Jewel and how are these represented? And, what is Africanisation and how has Africa responded to it? In order to achieve the above aims, the thesis is written in two parts. The first part focuses on Africanisation and African Renaissance, while the second part focuses on the analysis of the culture of the Yoruba people as presented by Wole Soyinka in the selected plays. As a philosophy, Africanisation entails, but is not limited to, the art of producing and appraising a knowledge system based on African cultures for the benefit of Africa and the world at large. According to Makhanya, Africanisation is acknowledging and introducing knowledge systems that are rooted in and relevant to Africa next to other knowledge systems in the quest to discover, explain and produce knowledge (cited in Ratshikuni, 2010:1). The selected plays analysed are culturally rich Yoruba plays. Some of the ethos of the Yoruba people, including communal life, music and drumming, naming, sacrifice, and death, among others, as represented by the playwright are expounded upon and documented. vi The methodology employed to obtain data for this study is the qualitative research method. This entails content analysis of the plays with a view to studying the cultural content in the plays. In conclusion, the thesis argues that Yoruba culture has sufficient value that can be of great benefit to the unity and progress of Africa and the world at large. But first, Africa and Africans must embrace their cultural values, expose them to the world and allow some culture of the world to blend with it so as to create a greater, meaningful and global impact.

This study is a critique of Aso Ebi in Owambe social uniform and social performance phenomena of the Yoruba culture of Nigeria in West Africa. The Aso Ebi phenomenon is a social uniform that is inextricable from the Owambe spectacle of the Yoruba culture, which, in itself, is a social performance. Aso Ebi is a fabric that is selected, made into garments and worn by groups of people who are related to one another in various ways such as family, friends or comrades. The uniforms are worn for social gatherings, especially celebrations, which are popularly called Owambe. These celebrations are very elaborate and loud, much like a grand spectacle put on to show wealth, unity and flamboyance. The research is the explanation of how the Aso Ebi and Owambe social uniforms manifest themselves and this manifestation is presented through a body of artworks. The artworks seek to expose the unseen actualities involved in participating in these social performances and issues of social survival within these cultural phenomena. The analysis addresses the impacts and influence of conformity in cooperative behaviour by an individual within his/her social identity and relationships. The main question this study addresses is whether the positive factors of unity, social order and expressive visual flamboyance of the social phenomena outweigh the negative impacts particularly on the individuals who participate in these social performances. This is done by acknowledging the experiences of the participating individuals in the conformity and transmission modes of these phenomena in this culture. The visual productions of the concepts in the research are achieved through performance, collages, photography and a sculptural installation. The significance of these emergent visual productions is that they shift the focus from the impression of the group to the conformity by the individual. This highlights the problems faced by the participating individuals in the pursuit and participation of this cultural phenomenon.
Department of Art History, Visual Arts & Musicology
M.A. (Visual Arts)

A research project submitted in fulfilment of the requirements for the degree of Master of arts in psychology through the Faculty of humanities, University of the Witwatersrand, Johannesburg
Socio-cultural factors and contexts influence sexuality and associated practices across the life course. Few studies have questioned what constitutes sexuality, sexual pleasure, and notions of risky sexual practices, and how elderly people engage in help-seeking for sexual health promotion and problem-solving. In response to the dearth of such research in Africa, this thesis explores the cultural interpretations, values, beliefs, and embodied practices associated with sexuality and help-seeking behaviour among urban-dwelling elderly Yoruba people (60–80 years and above) in the city of Ibadan, Southwest Nigeria. In addition, it investigates healthcare providers’ (biomedical and traditional) perceptions of sexuality and the prevention, treatment, and promotion of sexual health in old age. The thesis is rooted in Bourdieu’s social practice theory, Harré and Langenhove social positioning theory and an anthropological perspective on age-graded sexualities. From an interpretative constructivist framework, the thesis adopts an exploratory sequential mixed design. The design entails collecting and analysing qualitative and quantitative data in a single study. The choice of research design was informed by the perspective that diverse but relevant methodological positions opens the window into contextual understanding of sexuality in old age. The qualitative data consists of 12 vignettes based on focus group discussion (FGD) with three categories (60-69, 70-79 and 80 years and above) of 107 elderly men and women. From a thematic analysis, the FGD findings informed the conduct of 18 semi-structured interviews on equal proportion with elderly men and women (60+) and 11 semi-structured interviews with 2 healthcare providers (biomedicine and traditional medical systems). Subsequently, the thematic findings from the FGDs and interviews informed the development of a structured questionnaire. The questionnaire was administered among 252 elderly Yoruba people (60+). The findings reveal a dominance normative beliefs and cultural expectations around bodily changes characterised the gendered differences in sexual experiences and expectations in old age. From the exemplary perspective, the ‘good old age’ connotes compliance with normative sexual orientations, beliefs, and practices. The qualitative and quantitative results affirmed the existence and engagement in penetrative and pleasurable sex at differentiated degrees for elderly men and women. The qualitative findings reveal a lack of consensus regarding the age elderly women or men should disengage from sexual activities. The survey shows that more women (75.8%) than men (54%) agreed that elderly people of their age should stop having sex. The qualitative findings also reveal that health challenges, psychosocial satisfactions in marriage, differences in sexual prowess, and financial independence affect engagement and desires in sexual activities. Two-thirds (60.3%) of the survey respondents also agreed that elderly men and women should engage in sexual activities if their health allows. The body as a ‘site of moral action’ places elderly women and men at differentiated positions within heterosexual normativity. From a disadvantaged stance, sexual intercourse with a menstruating woman can result in a folk sexual dysfunction known as idakole (poor erection and quick ejaculation) for men. Furthermore, sex with menstruating or menopausal women could cause loss of spiritual powers for men. These views resonate with some taboos on sex and efficacy of some traditional medicine. As a form of contestation, bodily changes during menopause represent a period of abstaining, suppressing or disengaging from obligatory sexual duties. It also affords women the avenue to avoid the experience of oyun iju (a socially constructed folk pregnancy). As a counter reaction, menopause also provides valid positions 3 for some sexually active elderly men to seek new intimate relations with younger women. By expounding on the privileged position of men, the findings portray a normative view that elongates men’s sexual retirement until death. Without doubting the possibilities of losing sexual prowess with age, the use of traditional aphrodisiacs was perceived to improve sexual performance and pleasures. Such measures are scarce for women, except those that could aid male’s sexual pleasures when used by women like ado dun (pleasurable and irresistible vagina sex). In this light, the thesis argues that the differentiated gendered framing of bodily changes and sexuality take the body as a moral and health site to arrive at an interpretation of old age that could influence ageing experience as ‘good’ or ‘miserable’. The findings also show that the premium on penetrative sex and pleasures create differentiated opportunities for elderly men to contract sexual infections. The possibilities of contracting sexual infections among sexually active elderly people was not doubted. Gonorrhoea, syphilis and magun (a folk sexual infection) emerged as common examples of sexual infections among old and young in the study settings. Gonorrhoea and syphilis can be treated via biomedicine and traditional medicine. Magun and HIV are untreated sexual infections but are preventable through sexual abstinence and use of traditional medical measures. Traditional preventive measures such as onde (amulet), ajesara (incisions and digestible concoctions) perform dual functions: prevent disease and guarantee pleasurable sex. Both qualitative and quantitative results reveal that condom use can prevent sexually transmitted infections. However, condom use was also conceived to reduce sexual pleasures for men and women. In this direction, the survey results affirm that condom use can reduce sexual pleasures for elderly men (77.8%) and women (22.2%), respectively. More than average (55.7%) of the female and about one-third (44.3%) of the male respondents also perceive the condom as more useful for younger people. 4 With the possibilities of contracting sexual infections, the qualitative findings affirm that aetiological explanations around a sexual health problem can act as a constraint and also facilitate medical help-seeking. Also, shameful feelings, stigma, and unstable or poor financial conditions inhibit responsive help-seeking. More than one-third (49.6%) of the survey respondents perceived doctors’ indifference as a constraint. This was followed by shame (22.6%), neglect from other family members (10.7%) and neglect of children (10.3%). Contraction of sexual infection in old age can also lead to withdrawal of quality support from significant others. The thesis argues that the social framework of the exemplary elder influence post-reproductive sexual health outcomes within the study context. Healthcare providers from the two medical systems acknowledged the need for post-reproductive sexual health care services. Such services were, however, perceived along the gender divide as more elderly males than females expressed and sought help from both systems. The provisions of post-reproductive sexual health services within the biomedical system attracted some pluses. A few of the female participants acknowledge the efforts of biomedical trained physicians and nurses in creating awareness on how to overcome menopausal challenges. The findings highlight that socio-cultural understandings of the intersections among ageing, sexuality, and gender influence framing of sexual health needs and unequal sexual health outcomes in old age. The possibility of such influences lie in cultural conceptions of the ideal body and the appropriate timing of sexual activities. Such normative views therefore influence how elderly people make sense of bodily changes, their sexuality, help-seeking, and response to sexual health needs from health care providers. Healthcare professionals from both medical systems are also prone to the influence of normative social frameworks in responding to post-reproductive sexual health needs. With the need to achieve a healthy ageing population and the 5 existing gaps in post-reproductive sexual health services, this thesis argues that normative beliefs, values and practices around sexuality influence sexual experiences, practices, dispositions to sexual infections, availability and access to post-reproductive sexual healthcare services within the study settings. Public enlightenment around sexual rights across the life course are needed to complement a review of existing sexual healthcare services in Nigeria. It will also improve the therapeutic relations between professional healthcare providers and their elderly clients. These initiatives can position professional healthcare providers for responsive diagnosis, prevention and management of post-reproductive sexual health needs and a possible realisation of healthy ageing population in Nigeria.
GR2017

This study explores the dynamics at play in the nineteenth century interaction between European mission Christianity and the peoples and cultures of West Africa with Akan (Gold Coast) and Yoruba (Nigeria) lands serving as the model theatres of the interaction. It appreciates the fact that in a context such as West Africa, where religious consciousness permeates every aspect of life, the coming of the Gospel to its peoples impacted every aspect of the social and religious lives of the people. Chapter one sets the agenda for the study by exploring the dynamics involved in the transmission of the Gospel as it spread from Palestine to the Graeco-Roman world, medieval Europe, Enlightenment Europe and, later, Africa in the nineteenth century. It also defines the limits of the study to the period 1820-1892. Chapter two explores the religious and the cultural environments that gave shape to the modem European missionary movement. It highlights the features of the European Reformation that were factors in defining missionary methods in West Africa. It also emphasizes the subtle infiltration of Enlightenment ideals-the primacy of Reason, the way of Nature, and the idea of Progress-into missionary consciousness about Africa and its peoples. Chapter three delineates the religious and the cultural milieus of West Africans in contrast to that of European missionaries. It underscores the integral nature of religion to the totality of life among West Africans. It also contrasts the socio-political conditions of Akan land and Yoruba land in the nineteenth century while appreciating the rapid changes impinging on their peoples. Chapter four explores how the prevailing realities in Akan and Yoruba lands defined the fortunes and the prospects of the missionary message among the people. In doing this, it draws from four model encounters of mission Christianity with West African peoples and cultures. In Mankessim, the deception associated with a traditional cult was exposed. At Akyem Abuakwa, the contention between missionaries and the royalty for authority over the people led to social disruption. The resistance of the guild of Ifa priests to Christian conversion and the assuring presence of missionaries to the warrior class created ambivalence at Abeokuta. Ibadan offers us an irenic model of interaction between mission Christianity and West African religions as Ifa, the Yoruba cult of divination, sanctioned the presence of missionaries in the city. Chapter five reflects on the issues that are significant in the interaction of the Gospel with West African cultures. It appreciates the congruence between the Gospel and West African religious worldview. It assesses the impact of missionary methods on the traditional values of West Africans, appreciating the strength and the weaknesses of the school system, the value of Bible translation into mother-tongues, and the contextual relevance of the mission station method of evangelization. It also explores the meaning of Christian conversion in West Africa using the models of A.D. Nock, John V. Taylor and Andrew F. Walls. Chapter six concludes with Andrew Walls' three tests of the expansion of Christianity. The conclusion is that in spite of the failures and weaknesses of some of the methods adopted by European missionaries in evangelizing West Africa, their converts understood their message, domesticated it according to their understanding and appropriated its benefits to the life of their societies.
Thesis (M.Th.)-University of Natal, Pietermaritzburg, 2002.

This is a case study that focuses on how John 10:10, with its mention of abundant life, has been interpreted by some Yoruba preachers of the ‘prosperity gospel’ in the course of preaching and teaching. The quotation below is one way in which John 10:10 has been understood: No one has an inheritance in a family to which he does not belong. In the same way being born again is a prerequisite for you to be an inheritor of the rich heritage made available by covenant through the shed blood of Jesus. It is our heritage to be fruitful, prosperous, healthy and to enjoy long life among other things because Jesus came to give the believer an abundantly good life (Jn. 10:10).1 The underlying presupposition that has facilitated this understanding is usually left undisclosed; rather all the congregation hears is that “this is the word of God”. The manner in which this understanding is attained and grounded is the concern of this study. Is this type of reading responsible or legitimate? Does it commit God to do what the preacher says God would do? Does it adequately reflect the message of Jesus as portrayed in the fourth gospel? To what extent is the interpretation in continuity or discontinuity with past understanding of other readers of the same text? From what vantage point is this type of reading taking place? These are the issues that this study grapples with. The hypothesis of this study is that the context of the Yoruba prosperity preacher has a great influence on his/her understanding and interpretation of this passage of scripture. In terms of the social location of the researcher, she is a Yoruba who has lived in the Yoruba context since birth until about a decade ago to engage in further studies. She got exposed to Campus Christianity in the early 80s and became ‘born-again’ then. She is a member of one of the Classical Pentecostal churches in Nigeria.
Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2010.

The study examines two selected Yorùbá movies, focuses on the oral tradition, feelings, and messages in them. Its purpose is to show that the classification or categorisation by previous scholars is not limited to Yorùbá movies; it is adaptable to other movies. Consequently, the study sets out to find an identity for Yorùbá movies and is able to accomplish its aim. It draws on copious examples of oral tradition genres in the selected movies, extract their examples from the movies, and use the extracts to make an argument that the unique way to identify Yorùbá movies is the Yorùbá oral tradition which frequents in the movies. In its attempt to find its focus, it highlights scholars’ ideas of oral tradition worldwide and narrows the concept to the Yorùbá paradigm. The dissertation contains information on research approach, theories, analysis, and findings. Also, it presents the weaknesses of the study and offers useful recommendations. Finally, the study asserts its claim and proves it with evidence from its data.
African Languages
D. Litt. et Phil. (African Languages)

This thesis explores the cultural and the religious formation of Rev. Samuel Johnson and his response to the changing environment of West Africa, particularly Yorubaland, in the nineteenth century. Divided into two parts, the first part looks at the biography of the man, paying attention to his formative environment and his response to it as a Yoruba evangelist in the service of the Church Missionary Society (CMS). The second part explores the issues that were involved in his response to his changing milieu of ministry—encounter with Yoruba religions and Islam, the search for peace in the Yoruba country, and historical consciousness. The first chapter, which is introductory, sets the pace for the research by looking at the academic use to which the missionary archives have been put, from the 1950s, to unravel Africa’s past. While the approaches of historians and anthropologists have been shaped by broad themes, this chapter makes a case for the study of the past from biographical perspectives. Following the lead that has been provided in recent years on the African evangelists by Adrian Hastings, Bengt Sundkler and Christopher Steed, and John Peel the chapter presents Samuel Johnson, an agent of the CMS in the nineteenth century Yoruba country, as a model worthy of the study of indigenous response to the rapid change that swept through West Africa in the second half of the nineteenth century. Chapter two explores the antecedents to the emergence of Johnson in Sierra Leone and appreciates the nexus of his family history and that of the Yoruba nation in the century of rapid change. The implosion of the Oyo Empire in the second decade of the nineteenth century as a result of internal dissension opened the country to unrestrained violence that boosted the trans-Atlantic slave trade. Sierra Leone offering a safe haven for some of the rescued victims of the trade, “Erugunjimi” Henry Johnson, was rehabilitated under the benevolence of the CMS. At Hastings, where the Basel trained missionary Ulrich Graf exercised a dominant influence, Henry Johnson raised his family until he returned with them to the Yoruba country in 1858 as a scripture reader. The Colony of Sierra Leone, however, was in contrast to the culturally monolithic Yoruba country. Cosmopolitan, with Christianity having the monopoly of legitimacy, the colony gave Samuel and his siblings their early religious and cultural orientations.
Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2009.

This dissertation investigates whether the needs of persons with sensory disabilities are accommodated in South African copyright law. Of the approximately 44,8 million people in South Africa counted in Census 2001, 2,3 million were reported as disabled. Of these, 577 000 (1,3 per cent) had a visual disability, 314 000 (0,7 per cent) a hearing disability, whilst others had physical, intellectual and communication disabilities, some with multiple disabilities too. Persons with sensory disabilities, such as visual, hearing and related impairments, experience barriers to accessing information on a daily basis. The dissertation explores barriers in the copyright law and seeks ways to remedy the situation so as to facilitate access to information, particularly for educational, personal and other purposes. To contextualise this research, international and regional copyright trends are explored to establish whether intellectual property agreements allow copyright limitations and exceptions for persons with sensory disabilities in national laws. In addition, the copyright laws of a large number of countries that have already adopted appropriate limitations and exceptions nationally are reviewed. The dissertation highlights the lack of attention that the access needs of persons with sensory disabilities have been afforded in the Copyright Act 98 of 1978, as well as related inadequacies in the Electronic Communications and Transactions Act 25 of 2002. South Africa’s non-compliance with certain international and national obligations relating to human rights and access to information is also highlighted within the context of copyright law. International human rights conventions, the South African Constitution and domestic anti-discriminatory laws all provide the framework for protecting the rights of persons with disabilities, yet their rights to access to knowledge have been neglected by government and the legislature. Some recommendations for further research and possible amendments to the copyright law are provided

A research report submitted to the Faculty of Humanities, University of Witwatersrand Johannesburg, in partial fulfillment of the requirements of the degree of Masters of Arts, 2016
This study focuses on the aesthetics and ethics of translating African literature, using a case of two of D.O. Fagunwa’s Yoruba novels, namely; Igbo Olodumare (1949) translated by Wole Soyinka as In the Forest of Olodumare (2010) and Adiitu Olodumare (1961) translated by Olu Obafemi as The Mysteries of God (2012). More specifically, the overall aim of this study is to determine the positions of these target texts on the domestication and foreignization continuum. The study of these texts is carried out using a descriptive and systemic theoretical framework, based on Descriptive Translation Studies (DTS), Polysystem theory and the notion of norms of translational behaviour. The descriptive approach is extended by drawing on ideological and ethical approaches to translating postcolonial and marginalized literature. Lambert and Van Gorp’s model for the description of translation products is used in exploring the position of Fagunwa’s translated novels in the target literary system. A close comparative analysis of a number of extracts from the two target texts and their corresponding source texts is conducted in order to determine the approaches taken by both translators in their translation of the distinctive stylistic features of Fagunwa’s prose. Building on the work of Christopher Fotheringham (2015) in the field of stylistic analysis of translated African prose, this study describes and analyses the occurrence of shifts of formal literary features between these target texts and their corresponding source texts. This is done by employing Antoine Berman’s scheme of deforming tendencies and Anton Popovič’s scheme of stylistic shifts as the basis for the translational shift analysis.
GR2017

M. Tech. (Fine Art, Department of Visual Arts and Design, Faculty of Human Sciences), Vaal University of Technology|
My Masters of Fine Arts degree consists of two components: the dissertation and practical works in the form of sculptures displayed as an exhibition. This body of work explores myth, belief and ritual practices relating to birth, life and death of twins in Xhosa culture. The purpose of the dissertation is to enrich and reflect on both the understanding of Xhosa ritual practices and that of my own work. The study will hopefully add significantly to the body of knowledge about Xhosa Indigenous Knowledge Systems as relating to twins. UNESCO emphasizes that Indigenous Knowledge Systems are part of immaterial cultural heritage such as languages, music and dance, festivities, rituals and traditional craftsmanship, and this cultural heritage is important for the identity of a society (Kaya & Masoga 2008:2). The choice of employing autoethnography in this qualitative study is derived from lived experience. Born as a twin in a rural Xhosa community, I experienced some unusual practices during my upbringing and thus a qualitative research method is used, involving auto-ethnography. This methodological approach aims at exploration of personal experience as a focus of investigation. The study also looks briefly at Yoruba twins as a means of finding similarities and commonalties with those of Xhosa culture.
National Arts Council

The thesis explored the story of the healing of the ten lepers by Jesus in Luke 17:11-19 for its potential to facilitate a conversation between the Jesus context and the Yoruba context, to bring about a new praxis in the attitude of Yoruba Christian to people living with HIV and AIDS. In view of the fact that the context is a major determinant in the interpretations that ecumenical theologians make with the Bible, it calls on the interpreter to re-read the text in the culture of the people. And in a bid for African biblical scholarship to locate itself within the social, political and ecclesiastical context of Africa in the age of globalization and the scourge of HIV and AIDS crisis, a contextual reading of Jesus’ attitude and compassionate response to the wish of the ten lepers as presented in Luke for healing and restoration is not only desirable in this research but an opportunity to reflect on the contribution of contextual exposition of the miracle story to the contemporary attitude of Christians in an HIV and AIDS era. HIV and AIDS is a disease which not only plunders human bodies but also invades the attitude and behaviour of societies generating a kind of social pathology. Hence the definition of social phenomena is culturally determined and therefore the explanation and the attitudes of health and illness is a function of culture. As a result this has great implications for the attitude and behaviour of people towards sick people especially people living with HIV and AIDS in this era. Drawing insights from the model of the body as social map by Mary Douglas in which the concern and fight around social boundaries are linked with purity rules and taboo; and the labeling/deviancy theory of Becker, this research reads the Gospel of Luke with a social-scientific lens selected texts in Luke’s Gospel depicting the attitude of Jesus to outcasts (lepers). It also raises the question, whether being a Christian, having the Bible as a resource in the Yoruba context does or can make a difference to the way Yoruba people respond to sick people in an HIV and AIDS era. The empirical study was carried out in the Yoruba community of Ijebu Remo, Ogun State, Nigeria employed research methods which include the Tripolar exegetical method, an ethnographic study through focus group discussions, non-participatory observation and the contextual Bible study method.
Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2011.

Self-determination is a peoples' right to freely determine their political, economic and cultural destiny without external interference. However, the cultivation of a culture of respect for self-determination remains the greatest challenge to post-colonial Africa. Dictatorships and other oppressive regimes very substantially affected Africa's efforts to develop a culture of constitutionalism and respect for the right of peoples to selfdetermination. Most African countries typify the failed effort of trying to establish an enduring democracy and respect for the right of peoples to take part in the government. After five decades of transition from colonialism to constitutional democracy, most African peoples are still under the yoke of governments they consider undesirable or oppressive. This work primarily sets out to investigate if the denial of the right of peoples to self-determination justifies the use of force to secure such a right. Since independence, Africa has experienced armed rebel groups seeking either to effect radical transformation of the whole state or to separate from the state to which they belong in order to create a new state. In the main, this study explores the extent to which rebel groups acting on behalf of peoples are or are not allowed to use force for the attainment of self-determination. The thesis begins with an historical development of the right to self-determination in international law. It initially examines how self-determination has developed from a political principle to a legal right. Despite the fact that self-determination is one of the core principles of the UN Charter, there are still many controversies over its precise meaning, scope and application. The thesis considers the two aspects of selfdetermination: external self-determination and internal self-determination. The external aspect implies the right of people to form a new, sovereign and independent state, whereas the internal aspect implies the right of people to participate in the political framework of an existing state. The thesis also assesses the state of the academic literature over the right of peoples to self-determination, with a view to determining whether the right can be used by a group of people whose internal self-determination has been denied to effect secession from the state. It advocates that, outside the colonial context, the right of self-determination does not equal to a "right to secession and independence". The thesis argues, however, that in exceptional circumstances such as gross violations of human rights and the denial of internal self-determination, people should be endowed with a right to secession in the manifestation of a right to unilateral secession as a remedy of such injustices. The thesis further turns to the mechanisms for the protection of the peoples' right to self-determination, the problems and challenges in Africa. The challenges do not only include the legality of the use of force by rebel groups and national liberation movements in seeking to attain self-determination, but also the right of other states to assist them in their struggles. The work probes the nature of international law and critically assesses whether the persistent denial of demands for self-determination led to calls for drastic remedies, including the use of armed force. Before this theory is critically assessed, the thesis defines the differences between national liberation movements and rebel groups. It argues that as far as self-determination struggles are concerned, there must be representative organisations acting on behalf of people whose right of self-determination has been denied. In the light of these contentions, the study examines the general ban on the use of force as laid down by the UN Charter, and finds that the Charter does not expressly refer to self-determination as a situation where people may resort to the use of force for the attainment of such a right. It then turns to the history of and circumstance surrounding the use of force, examines the jus ad bellum regarding "liberation struggles", and concludes that the use of force by national liberation movements against colonial and racist regimes has strong theoretical foundations and support in state practice. Outside of the colonial and apartheid contexts, however, the argument that rebels acting on behalf of oppressed peoples may legitimately use force in pursuit of selfdetermination thus remains ambiguous. In that context, this thesis examines the practice relating to the use of force by rebel groups and the laws of war provisions that apply in civil wars, and concludes that none of them proves that the international community of states accepts rebels' right to use force as a legal entitlement. Finally, based on the lessons learned from and lacunae identified in all norms relating to the enforcement mechanisms of the right of self-determination, this study concludes with a set of suggestions and recommendations.
LLD (Law), North-West University, Potchefstroom Campus, 2015

Thesis (MPA.) -- University of Limpopo, 2017
The disability grant administration and dispensation has always been a challenge to the Department of Social Development and cause for concern from recipients of the disability grant. The Government decided on establishing the South African Social Security Agency (SASSA) as an entity to specifically deal with the administration of social grants including the Disability Grant. A number of studies have been conducted around the management and administration of the disability grant. The purpose of this study was to assess the efficiency and effectiveness of the administration and management of the disability grant. It further shows that the South African government spends a substantial amount of money in dispensing this grant. It is therefore necessary to investigate through an empirical research if these funds reach their intended beneficiaries, namely, the disabled community. This study employed the qualitative method which involved documents analysis, Questionnaire, interview and observation. Policy documents and reports from SASSA were analysed. Twenty applicants and twelve officials and three assessing doctors were interviewed. The findings of the study reveal that, although the SASSA has an improved model in place to redress and to contribute towards the effectiveness of the administration, there are still certain policy areas that needs to be reviewed. These policy areas include, amongst others, the appeal process, turnaround time, access and processing of the grant. In view of the findings from this study, the major recommendation is that there is a need to review the current booking system to ensure that the applicants are not subjected to unnecessary transports costs, time and delays. The SASSA needs to embark on vigorous and on-going community campaigns to educate the society on the operations of the SASSA and its jurisdiction within the Makhuduthamaga area. KEYWORDS: Administration; applicants; assessment; beneficiaries; Care Dependency Grant; Disability Grant; Grant-in-Aid; Makhuduthamaga; Recipients and the SASSA.

The study sought to determine, first, what the rules of the Hananwa family law were and, second, whether those rules were compatible with the Constitution. First, it documented the rules of the official family law. The problem that the study countenanced is that customary law is "corrupted, inauthentic and lacking authority".1 Second, it established and documented the rules of the Hananwa family law. The problem that the study countenanced in respect of Hananwa law was that it was difficult to ascertain the content of the rules of the "living" Hananwa law in order to determine their compatibility with the provisions of the Bill of Rights. Moreover, the traditional Hananwa community is inegalitarian and patriarchal. Section 9 of the Constitution provides that everyone is equal before the law and enjoys equal and full protection and benefit of the law. The study found that the Hananwas still observe their system of customary law. However, there are visible changes. For instance, nowadays the spousal consent is a validity requirement for all customary marriages. A parent or legal guardian must consent to a customary marriage of a minor. The individual spouses, not their families, are parties to their own customary marriages. African women enjoy equal status. This development is consistent with section 9 of the Constitution read with section 6 of the Recognition of Customary Marriages Act 120 of 1998. According to the Constitutional Court, in MM v MN and Another 2013 4 SA 415 (CC), the first wife must consent to her husband's customary marriage to another woman in addition to her customary marriage to him. However, some rules of the Hananwa law do not comply with the provisions of the Bill of Rights. For instance, according to the Hananwa law, extramarital children do not enjoy equal inheritance rights and maintenance rights yet. This discrimination is inconsistent with the constitutional right to equality and the provisions of the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009.The Constitution puts common law and customary law on a par. However, the courts have often replaced customary law dispute resolution rules with the common law rules. For instance, the Constitutional Court in Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and South African Human Rights Commission and Another v President of the Republic of South Africa and Another 2005 1 SA 580 (CC) and the High Court in Maluleke v Minister of Home Affairs 2008 JDR 0426 (W) substituted the rules of common law for those of customary law in order to resolve customary law disputes. The legislature could not be outdone. A meticulous study of the Recognition of Customary Marriages Act 120 of 1998 and the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009 reveals that their provisions almost appropriately reflect the common law marriage and intestate succession rules respectively. The Recognition of Customary Marriages Act has, furthermore, adopted the provisions of the Divorce Act of 1979. Section 28 of the Constitution read with the Children's Act 38 of 2005 has generally substituted the fundamental human rights for the unequal rights provided by the customary law of parent and child. The Maintenance Act 99 of 1998 has substituted the communal form of maintenance under customary law.
Public, Constitutional, & International Law
LLD (International and Constitutional Law)

The research focuses on the epistemic tension between Western positivist epistemology and African indigenous knowledge systems particularly Shona proverbs. The research argues that Western epistemological hegemony is both unjustified and unacceptable in the context of the pluriversal understanding of knowledge where systems of knowledge are both multiple and diverse. After a critique of Eurocentric thinking, the research defends an African epistemological paradigm that emerges as an alternative framework for the authentic and legitimate study of African knowledge systems and ways of knowing. The approach opens intellectual space for the philosophical study of Shona proverbs. Under Shona environmental philosophy, it shall be argued that ubuntu respects all aspects of the environment, recognizes the dependence of human beings on the environment, sees the land as sacred and affords responsibility for future generations by encouraging the preservation and conservation of resources. Three Shona proverbs have been used to show how the Shona think about preservation of natural resources, conservation of natural resources and the interdependence between humanity and the natural world. In the context of Shona philosophy of law, it is argued that ubuntu provides the basis of a coherent philosophy of law among the Shona. Shona philosophy of law is a reflection of legal elements and the study draws these elements from selected proverbs. These proverbs have been used to show the metaphysical basis of Shona legal philosophy, the role of the law in protecting the dignity of individuals and the importance of the law in peace building within the community. Concerning political philosophy, the study has argued that ubuntu is the political foundation of solidarity, oneness and mutual support in politics. Shona political philosophy stresses coexistence and relatedness (ukama) within the community. Shona political philosophy maintains that authority should be guided by respect, good governance, solidarity and peace. Under Shona philosophy of economics, themes of human dignity, respect for hard work and the need for moderation in the desire for money are discussed in the context of the Shona philosophical worldview. The proverbs under study contribute to alternative ways of philosophical reflection in the context of the pluriversality of knowledge
Philosophy, Practical and Systematic Theology
D.Litt et Phil. (Philosophy)

Text in English
Through an in-depth analysis of selected texts, this study engages with the ways in which Ogun is reimagined by recent selected Nigerian playwrights. Early writers from this country, influenced by their modernist education, misrepresented Ogun by presenting only his so-called negative attributes. Contemporary writers are reconceptualising him; it is the task of this thesis to demonstrate how they are doing so from a decolonial perspective. These alleged attributes represent Ogun as a wicked, bloodthirsty, arrogant and hot tempered god who only kills and makes no positive contribution to the Yoruba community. The thesis argues that the notion of an African god should be viewed from an Afrocentric perspective, not a Eurocentric one, which might lead to violence or misrepresentation of him. The dialogue in the plays conveys how the playwrights have constructed their main characters as Ogun representatives in their society. For example, Mojagbe and Morontonu present Balogun, the chief warlord of their different community; both characters exhibit Ogun features of defending their community. The chosen plays for this study are selected based on different notions of Ogun, the Yoruba god of iron and war, presented by the playwrights. A closer look at the primary materials this thesis explores suggests Ogun’s strong connection with rituals and cultural festivals. These plays exemplify African ritual theatre. Being a member of the Yoruba ethnic group, I have considerable knowledge of how festivals are performed. The Ogun festival is an annual celebration among the Yoruba, where African idioms of puppetry, masquerading, music, dance, mime, invocation, evocation and several elements of drama are incorporated into the performances. The selected plays critiqued in this thesis are Mojagbe (Ahmed Yerima, 2008), Battles of Pleasure (Peter Omoko, 2009), Hard Choice (Sunnie Ododo, 2011), and Morontonu (Alex Roy-Omoni, 2012). No in-depth exploration has previously been undertaken into the kinds of textual and ideological identities that Ogun adopts, especially in the selected plays. Therefore, using a decolonial epistemic perspective, this study offers a critical examination of how the selected Nigerian playwrights between the years 2008 and 2012 have constructed Ogun, the Yoruba god of iron. Such a perspective assists in delinking interpretations from the modernised notions mentioned above, in which Ogun is sometimes a paradoxical god. Coloniality is responsible for such misinterpretation; the employed theoretical framework is used to interrogate these notions. The research project begins with a general introduction locating Ogun in Yoruba mythology, which forms the background to how the god is being constructed in Yorubaland. Also included iii in this first chapter is a discussion on a decolonial perspective, the principles of coloniality, the aims and objective of the study, and the relevant literature review. Thereafter, chapter two focuses on Battles of Pleasure and argues that the play re-imagines Ogun as a god of peace and harvest as opposed to a god of war and destruction. Chapter three discusses how Ododo’s Hard Choice reconceptualises Ogun as a god of justice, in contrast to him being interpreted as a god who engages in reckless devastation of life. Chapter four explores Ogun’s representation in Yerima’s Mojagbe as a reformer who gives human beings ample time to change from their wayward course to a course that he approves. In chapter five, Ogun’s reconception as a remover of obstacles in Roy-Omoni’s Morontonu is examined. The study concludes with a discussion on how Africans should delink themselves from a modernist Eurocentric perspective and think from an Afrocentric locus of enunciation.
English Studies
D. Litt. et Phil.(English)

Foreign investments in SADC are regulated by Annex 1 of the SADC Protocol on Finance and Investments (SADC FIP), as well as the laws of SADC Member States. At present, SADC faces the challenge that this regime for the regulation of foreign investments is unstable, unsatisfactory and unpredictable. Furthermore, the state of the rule of law in some SADC Member States is unsatisfactory. This negatively affects the security of foreign investments regulated by this regime. The main reasons for this state of affairs are briefly explained below. The regulatory regime for foreign investments in SADC is unstable, due to recent policy reviews and amendments of key regulatory instruments that have taken place. Major developments in this regard have been the suspension of the SADC Tribunal during 2010, the amendment of the SADC Tribunal Protocol during 2014 to bar natural and legal persons from access to the Tribunal, and the amendment of Annex 1 during 2016 to remove investor access to international investor-state arbitration, better known as investor-state dispute settlement (ISDS). The regulation of foreign investments in SADC has been unsatisfactory, among others because some SADC Member States have failed or neglected to harmonise their investment laws with both the 2006 and the 2016 Annex 1. Furthermore, SADC Member States such as Angola, Democratic Republic of Congo (DRC), Malawi, Mauritius, Seychelles, Eswatini, Tanzania, Zambia, and Zimbabwe have multiple Regional Economic Community (REC) memberships. This places these Member States in a position whereby they have conflicting interests and treaty obligations. Finally, the future of the regime for the regulation of foreign investments in SADC is unpredictable, due to regional integration efforts such as the recent formation of the COMESA-EAC-SADC Tripartite Free Zone (T-FTA) and the African Continental Free Trade Area (AfCFTA). The T-FTA is entitled to have its investment protocol, while the AfCFTA investment protocol will be negotiated from 2018 until 2020. These developments entail that the 2016 Annex 1 will soon be replaced by an investment protocol at either the T-FTA or AfCFTA levels, thereby ushering a new regime for the regulation of foreign investments in SADC. The unknown nature of the future regulations create uncertainty and instability among foreign investors and host states alike. This study analyses the regulation of foreign investments in terms of Annex 1 and selected laws of SADC Member States. In the end, it makes the three findings mentioned above. In order to address these findings, the study makes four recommendations. The first is that foreign investments in SADC must be regulated at African Union (AU) level, by means of an AfCFTA investment protocol (which incidentally is now the case). Secondly, investor-state disputes must be referred to the courts of a host state, optional ISDS, the African Court of Justice and Human Rights (ACJ&HR) or other agreed forum. Thirdly, an African Justice Scoreboard (AJS) must be established. The AJS will act as a gateway to determine whether an investor-state dispute shall be referred to the courts of a host state, ISDS, the ACJ&HR or other forums. Fourthly, the office of an African Investment Ombud (AIO) must be created. The AIO shall facilitate the early resolution of investor-state disputes, so as to reduce the number of disputes that may end-up in litigation or arbitration.
Mercantile Law
LL. D.

This study was undertaken to establish whether rights of personality are known in indigenous law. Since indigenous law differs not only between tribes but is also affected by the degree of exposure to Western values, a micro-study has been done in a semi-rural environment in the Kingdom of Swaziland to establish to what extent own value systems have been influenced or altered when Western legal concepts are utilised. The information, obtained by interviewing a panel of experts, was compared with the available literature. During the process of gathering information, the aims of the research were not only to describe how the legal principles function, but also to take note of those socio-cultural processes which function outside of the law. Rights of personality were studied against a background of the culture and way of life of the peoples concerned. The importance of culture has been acknowledged in the Constitution of the Republic of South Africa, wherein the recognition and application of indigenous law generally rests on a constitutionally protected right to culture. Whilst the identifiable rights of personality may generally be classified according to specialised legal systems, the separation of rights to good name and to dignity may be inappropriate in the indigenous sphere. Dignity in indigenous legal systems is to be viewed as a comprehensive right of personality, into which should be subsumed the right to good name and reputation in the community. It is such dignity, embracing the ubuntu quality of humanness that is protected as a comprehensive indigenous right of personality. Although the indigenous law of personality is showing some signs of adapting to new developments, there is also proof that the established legal principles and human values are being retained. However, these changes are unique and are neither typically traditional nor Western. The indigenous law of personality, operating in a changing social environment, has to retain its flexibility and adaptability in order to remain ”living” law for the peoples concerned.
Jurisprudence
LL.D.

Abduction
Adultery
Assault
Constitution
Defamation
Delict
Grounds of justification
Indigenous law
Intention
Legal maxims
Legal system
Legal values
Living law
Malicious damage to property
Negligence
Rape
Remedies
Seduction
Theft
Trespass
Text in Afrikaans, abstract in Afrikaans and English
In die studie word bepaal of die verskynsel wat algemeen as delik getipeer word, bekend is aan die inheemse reg en of daar na inheemse deliktereg in die gewone sin van die woord verwys kan word. Aangesien die lewende reg van 'n groep beinvloed kan word deur die mate van verwestersing wat plaasgevind het, is 'n mikrostudie in 'n semistedelike gebied gedoen ten einde te bepaal of eie waarde-oordele verplaas en vervang word wanneer daar van Westerse regsinstellings gebruik gemaak word. lnligting is ingesamel deur middel van gesprekvoering met 'n paneel van kundige mans en vrouens en is getoets aan beskikbare literatuur. Daar is gepoog om nie net die regsbeginsels te identifiseer en te omskryf nie, maar om ook kennis te neem van daardie kultuurinstellings en sosiale prosesse wat buite die reg funksioneer. Alhoewel dit moontlik is om die algemene beginsels van 'n delik te identifiseer asook die verskeie subjektiewe regte waarop inbreuk gemaak kan word, moet die eiesoortige aard daarvan deurentyd in gedagte gehou en verreken word teen die ongespesialiseerde aard van die inheemse reg. Daar is gevind dat die inheemse deliktereg van die bestudeerde groep duidelike tekens toon van aanpassings by nuwe omstandighede, maar tog met behoud van beproefde regsbeginsels en menslike waardes.
This study ascertains whether the phenomenon typified as indigenous law of delict is known to indigenous law and whether reference may be made to indigenous law of delict in the usual sense of the word. As the living law may be influenced by the measure of westernisation that took place, a micro study has been carried out in a semi-urban area in order to ascertain whether own value judgments are replaced or substituted when Western legal institutions are used. Information has been collected by way of interviews with a panel of knowledgeable men and women and controlled by reference to available literature. An attempt was made not only to identify and define legal principles, but also to take note of those cultural institutions and social processes functioning outside the law. Although it is possible to identify the general principles of delict as well as several subjective rights that may be infringed, the peculiar nature of delict must be borne in mind and set off against the unspecialised nature of indigenous law. The indigenous law of delict shows clear signs of adaptation to new circumstances, but there is evidence of the retention of proven legal principles and human values.
Private Law
L.L. D.

The thesis focuses on the Ndau people of Chimanimani, Zimbabwe. Contact with Westerners brought significant changes to their marriage practices. South Africa General Mission (SAGM) missionaries required Ndau people to conduct church (“white”) weddings for their marriages to be recognised by the church. This has caused a problem whereby Ndau Christians marry traditionally/customarily and yet still have to conduct church weddings. The church has not rethought its position on the necessity for having this duplication of marriages. The thesis sought to develop an in-depth understanding of Ndau people’s perceptions and experiences on the connection between and the necessity for both marriages in Chimanimani, Zimbabwe. Data regarding Ndau people’s understanding of marriage practices was collected using in-depth semi-structured and focus group interviews. Following a qualitative research design, the study used the phenomenological approach to collect data and postcolonialism as the research paradigm. Using these, twenty individual and five focus group interviews were conducted. Seven themes emerged from the data. These covered marriage practices of the Ndau, the most preferred way of marriage, various reasons for having church weddings, perceived relationship between the two marriages, different views on the sufficiency of traditional marriages, thoughts on the expenses of church weddings, and how participants married and reasons thereof. The findings showed that Ndau Christians conduct church weddings for several reasons. These are because they:  want to celebrate their marriages  desire God’s blessings when they convert to Christianity. It is regarded as God’s biblical requirement  understand it as a church requirement/rule  get church teaching that encourage church weddings  need recognition and acceptance in the church as well as general social recognition  associate Christianity with Westernisation vi  regard it as a deterrent to unfaithfulness and polygyny  regard church weddings as having wider official recognition than traditional marriages and  want associated material advantages. The conclusion states that there is neither a theological nor a biblical basis for requiring Ndau Christians to have church weddings. Using a postcolonial hybrid approach, the thesis suggests a merging of the two marriages into one ceremony. More recommendations were given and the church was challenged to be more responsive to its people’s struggles.
Religious Studies and Arabic
D. Litt. et Phil. (Religious Studies)