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1
Tshuma, Lawrence. "Law, state and the agrarian question in Zimbabwe." Thesis, University of Warwick, 1995. http://wrap.warwick.ac.uk/71205/.
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The agrarian question is one of Zimbabwe's enduring colonial legacies. At independence the ensemble if issues comprising the agrarian question included an inequitable racial distribution of land, different tenure systems for blacks and white settlers, a discriminatory provision of agricultural support services, and repressive relations between the state and the peasantry. Peasant grievances over the agrarian question mobilised their support for the liberation struggle which culminated in independence in 1980. Contrary to the expectations of the majority of Zimbabweans, agrarian reforms introduced since independence have not transformed the colonial agrarian structure. The thesis investigates factors which account for the nature of agrarian reforms. Using a socio-historical analysis, it examines changes and continuities in agrarian policies and laws. In the main, the thesis argues that reform has been shaped by changes in power relations in society which are reflected in the exercise of state power. It shows that the manner in which independence was achieved and the character and ideologies of the social forces that inherited state power account for the changes and continuities in policies and laws. The thesis demonstrates that land reform was initially constrained by the constitutional provision which protected private property from compulsory acquisition. More important, it argues that reform has been determined by the failure to transform the inherited accumulation strategy, of which capitalist agriculture is an integral element. In addition, it demonstrates that the manner in which land has been redistributed reflects the continuation of colonial ideologies of modernisation. Furthermore, the thesis shows that communal tenure as constructed by the colonial state has been retained partly because of the ideology of nee-traditionalism and partly because it allows the state to intervene in peasant land use and production processes' as part of the process of modernisation. It also shows that the modernisation of peasant agriculture has been attempted through the extension of input, credit, price and marketing packages. Consequently, the thesis shows that the agrarian question is as relevant today as it was at independence, and that the limited and contradictory nature of the agrarian reforms reflects the limitations and contradictions inherent in the post-colonial democratisation process. Hence agrarian reform can only be adequately addressed as part of a comprehensive transformation of the accumulation process and societal democratisation.
2
Hofisi, Sharon. "Towards transitional justice in Zimbabwe: the role of the National Peace and Reconciliation Commission and Zimbabwe Human Rights Commission." Thesis, University of Pretoria, 2020. http://hdl.handle.net/2263/77205.
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Transitional justice (TJ) in Zimbabwe can be gleaned as a maze of detached filaments mainly championed by civil society organisations. Though the origins of TJ as a discipline are polemic and debatable, going as far back as Athenian times, TJ was visibilised in the 1990s during the third wave of democratisation, when it developed globally as a self-consolidating field and transdisciplinary concept which focused on outcomes such as prosecution, truth-telling, guarantees for non-recurrence, vetting, and the payment of reparations for victims of conflicts. The traditional focus of TJ was largely template-based or some kind of one-size-fits-all concept which focused on truths and reconciliation concepts. Significantly for victims of violent conflicts, repressive rule and serious human rights abuses, the emerging approach to TJ at the United Nations (UN) and regional institutions such as the African Union (AU) and institutions such as African Commission on Human and Peoples’ Rights (ACHPR) has been to focus on country-specific, localised, and holistic approaches that enhance transformative transitional justice in countries striving to find lasting solutions to deep problems caused by armed conflicts or serious human rights violations.
While there is a robust nexus between human rights, democracy, and TJ, the link is weaker for TJ as it remains an elusive concept in Zimbabwe. Besides, TJ efforts yield different considerations and impacts on racialised, ethnicised, politicised, and institutionalised challenges in Zimbabwe. In most cases, the elusive nature of TJ is felt by victims, their family members, community dwellers, community-based organisations, and faith-based organisations than alleged perpetrators. TJ is perceived in this thesis to be a critical concept that should be properly aligned with internationalised and localised responses. This thesis shows that international agencies now recognise and essentialise the important roles that national institutions (formal or informal), can play in preventing the occurrence and/or recurrence of conflicts and can also play in fostering sustainable cultures of human rights. Specifically, the thesis covers examination of how institutional complementarity between two independent institutions supporting democracy in Zimbabwe; the National Peace and Reconciliation Commission (NPRC) and the Zimbabwe Human Rights Commission (ZHRC) can be innovatively used to enable the Zimbabwean society to formalise transitional or post-conflict justice using the Constitution and international normative frameworks. The overarching research question in this thesis is: what are the main challenges/limitations and opportunities/openings for the ZHRC and the NPRC to advance TJ in Zimbabwe? The specific research questions are 1. What does the international and national TJ normative framework entail and what is its theoretical force? 2. What constitutes a genuinely contextualised and holistic transitional justice in Zimbabwe? 3. How innovative have the NPRC and ZHRC been in making TJ a reality in Zimbabwe? 4. How can the Zimbabwean TJ framework be improved constitutionally, statutorily, and in practice? In this milieu, adherence to the normative principles of domestic constitutionalism, rule of law and human rights is essential to advance TJ and in identifying victims and most affected groups. The NPRC and ZHRC should thus be innovative in utilising international normative frameworks and aligning them with their constitutional mandates that speak to TJ. Sadly though, the NPRC and ZHRC are yet to align their mandates or work to international frameworks. The thesis concludes with an emphasis on the need for a coherent and transformative TJ policy that is informed by the root causes of societal problems in Zimbabwe: racial, ethnic, economic, political, doctrinal, pandemic-induced and so forth. Through constitutionally-established institutional independence, the NPRC, ZHRC and other Chapter 12 institutions supporting democracy in Zimbabwe must thrive on public legitimacy, confidence, and trust to promote dialogic democratisation and democratic consolidation which also recognise that the victim’s voice in TJ initiatives must be prioritised. Lethargic governance, toxic politics and confidence deficits should be addressed from a human rights as well as transformative TJ perspective. Ultimately, the TJ outcomes expected in this thesis should help Zimbabweans fully reconcile, achieve total peace, and move towards permanent healing. A context-sensitive and coherent TJ should be seen as a precious fruit of the normative frameworks espoused by the Constitution and regionalised or globalised TJ frameworks.
Keywords
Independent institutions, reconciliation, healing, peace, human rights institutions, holistic approaches, context-sensitive transitional justice, transformative justice.Thesis (PhD)--University of Pretoria, 2020.
Canon Collins
Centre for Human Rights
PhD
Unrestricted
3
Gwarinda, Tafira Albert. "Critical analysis of the impact of the common law on African indigenous law of inheritance a case study of post colonial legislation in Zimbabwe." Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/161.
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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.
4
Ndlovu, Bright. "Corporate Reporting : adoption of forward-looking reporting by Zimbabwean listed companies." University of South Africa, 2007. http://hdl.handle.net/10500/52.
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This study examines the disclosure of forward-looking information in annual
reports of companies listed on Zimbabwe Stock Exchange (ZSE). It aims to
determine if ZSE listed companies disclose forward-looking information and if they
do disclose, how helpful the information is to the intended users of the annual
report for decision making purposes? The factors proposed for the investigation
are therefore disclosure and effectiveness of the forward-looking information.
Since the annual reports represent the main source of voluntary disclosures of
forward-looking information, the investigation uses a disclosure index based on an
analysis of the statements made by management in annual reports of the
companies listed on ZSE.
In this study, the level of forward-looking information disclosed in the annual
reports of the firms is examined in three broad categories namely, (a) context,
nature, objectives and strategies, (b) drivers of development and performance,
and (c) financial position, analysis and explanations . We find that companies do
disclose forward-looking information. However, 9 out 10 companies sampled
reflect that the level of disclosure lacks the critical detail and clarity necessary for
decision making by its intended users. On average, excluding Old Mutual that is
listed on the London and Johannesburg Stock Exchanges and has the highest
score of 4 (i.e. above average disclosure - information is rich and detailed and
contains key information), ZSE companies disclosed below average forwardlooking
information insufficient to give a clear understanding of the position and
performance of the company.
The findings also suggest that companies disclosed forward-looking information
without fully understanding the implications of the disclosure of such kind of
information. This is evident in that, except for Old Mutual, no disclaimers or any
notes were made by companies to cover themselves from litigations that could
arise as a result of such disclosure. This could also suggest that Zimbabwe is not
a litigious country in as far as reporting by companies is concerned.Graduate School of Business Leadership
MBL
5
Zimmerer-Benz, Mona. "Differences in CSR Disclosure : Does the Content of CSR Disclosure vary between Code Law and Common Law Countries?" Thesis, Högskolan Dalarna, Företagsekonomi, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:du-35073.
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Only a handful of studies focuses on the relationship between the legal origin and the content of CSR reports, based on the institutional differences. The previous studies have contradicting results. The paper aims to add to the body of research by analyzing the relationship between the legal origin and its effect on the content of CSR disclosure. To analyse the content a scoring index is developed following Clarkson, Li, Richardson, & Vasvari, 2008 and Ong 2016. 45 CSR reports from 8 different countries are analysed and the research period is 2018 or FY 2019. The findings suggest that companies from code law countries do publish more in-depth CSR reports. The key findings are that code law countries disclose more employment related information and that institutional regulations lead to better disclosure. Overall, this study extends the discussion on the effects of the legal origin.
6
Banda, Fareda. "Women and law in Zimbabwe : access to justice on divorce." Thesis, University of Oxford, 1992. https://ora.ox.ac.uk/objects/uuid:b5d2ddc9-dad5-4c18-b808-9c3659494284.
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This thesis of approximately 98000 words is an empirically based study of the divorce process and women's experiences of the law. It begins by looking at the historical background of marriage and divorce through the different periods starting with colonization. It then looks at modern marriage and divorce. This is a sociological study of the types of relationships which people have and goes beyond the three state recognised marriages to look at other more informal unions and at the modes of dissolution thereof. It then discusses the research design and relates the study population to the general population before moving on to consider the reasons for the women's dissatisfaction in their relationships and the process of justifying or legitimating their discontent. The helpseeking careers of the women are examined paying particular attention to the agents consulted and the advice that they received from the various agencies. A theory of disputing which sees the litigation process as being less orderly and more dynamic than that advanced in traditional literature on dispute processing is advanced. The thesis then moves on to look at the women's use of the formal legal system examining barriers to access, the use of lawyers as the agents of transformation of disputes from the informal into the formal sphere and also at the provision of legal aid. The various actions instituted are considered in greater detail as are the difficulties encountered in trying to enforce the judgements obtained in court. The final data based chapter is an examination of the women's post-divorce lives from an economic and social perspective. Ultimately, it would seem that the problem may not be one of obtaining access to law, but rather of trying to obtain substantive satisfaction of the claim. Methods of enforcement and at state provision of assistance to lone parent families is considered in the light of constraints facing a developing country with limited resources.
7
Karekwaivanane, George Hamandishe. "Legal encounters : law, state and society in Zimbabwe, c1950-1990." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:1aa6d7e5-2535-4a82-98c1-45a0203bee22.
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This study examines the role of law in the constitution and contestation of state power in African history. Using Zimbabwe as a case study, it analyses legal struggles between Africans and the state, and amongst Africans themselves between 1950 and 1990. In doing so it intervenes in a number of scholarly debates on the relationship between law, state power and agency in African history. Firstly, I examine the role of law in constituting state power by exploring the interplay between legitimation and coercion in long term perspective. Secondly, I interrogate legal centralism as an approach to understanding developments in the legal sphere in African history and make the case for legal pluralism as a more appropriate approach. I argue that during the period under study, Zimbabwe witnessed a process of evolving legal pluralism characterised by the mutual appropriation of forms, symbols and concepts between state law and the ‘customary law’. Thirdly, I contribute to the debate on African legal agency by demonstrating that its significance went beyond the utility of the law in specific social, economic and political struggles. I argue that it also gave expression to emergent political imaginaries, shifting ideas of personhood and alternative visions of the social and political order. Lastly, I argue that, by undertaking a historical examination of legal struggles, this study provides a useful foundation from which to analyse contemporary legal struggles in Zimbabwe and in Africa more generally. The findings presented here caution against being drawn in by the apparent novelty of contemporary legal struggles. In addition, they suggest the means by which human rights discourse in Africa might be reinvigorated.
8
Hedge, Krystal Anne. "Judicial decision making in Atkins cases| Examining the influence of psychological reports and judicial attitudes." Thesis, The University of Alabama, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3726077.
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The impact of psychological assessment report style (i.e., deficit- versus strength-based reports), report content (e.g., claimant educational background, details of the instant offense, prison behavior), and judicial attitudes toward intellectual disability (ID) were assessed with regard to judicial decision-making in a mock Atkins case. A between-groups study (i.e., strength- and deficit-based report groups) was conducted through the use of a mixed-mode design. Participants included 122 judges serving in either federal or state courts.
Results supported the hypothesis that the style in which a psychological assessment report is written is influential in final case outcome. Specifically, the strength-based report group was significantly more likely to find against ID than the deficit-based group, and the deficit-based group was more likely to find in favor of ID than the strength-based group. Contrary to the hypotheses, judicial attitudes toward ID did not predict the extent to which participants weighed certain report content in their final decision (i.e., relevant evidence against ID, not relevant to the decision, relevant evidence in favor of ID). However, the results showed that the extent to which participants weighed the claimant’s index offense to be evidence in support of ID was a significant predictor of final case outcome; when the index offense was viewed as evidence against ID, participants were more likely to find against ID. Personal experience with the ID population was not a significant predictor of final case outcome, but as knowledge of the diagnostic criteria increased, participants were more likely to find in favor of ID. The perceived credibility of the psychologist who authored the mock report did not predict participant agreement with the report’s final conclusion regarding ID.
Overall, the results of this study indicated that the general style in which psychological assessment reports were written influenced judicial decision-making in a mock Atkins case. In addition, the results of this study revealed that attitudes toward and experience with ID were less influential in judicial decision-making than initially believed. Knowledge of ID was revealed to be a significant predictor of final case outcome. The limitations of this study and suggested directions for future research are discussed.
9
Ndawana, Duduzile. "The role of the judiciary in protecting the right to freedom of expression in difficult political environments: a case study of Zimbabwe." Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/99.
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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.
10
Davidson, Ryan Danielle. "Divorcing Couples: Self-Reports of Intimate Partner Violence/Abuse and Law Enforcement Calls." Thesis, The University of Arizona, 2011. http://hdl.handle.net/10150/144332.
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Gombay, Katherine. "The black peril and miscegenation : the regulation of inter-racial sexual relations in southern Rhodesia, 1890-1933." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61072.
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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.
12
Magaisa, Alex Tawanda. "Knowledge protection in indigenous communities : the case of indigenous medical knowledge systems in Zimbabwe." Thesis, University of Warwick, 2004. http://wrap.warwick.ac.uk/2630/.
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This study examines the contentious issues relating to the exploitation of indigenous knowledge systems (IKS) within the context of the expanding regime of intellectual property law (IP law). The study focuses specifically on the area of indigenous medical knowledge (IMK) within the geographical context of Zimbabwe as a country case study. The study examines the centrality of knowledge in the global economy and using international political economic theory and practice, demonstrates why it is a key site of struggles between and among nations and various stakeholders. While it considers the narrow issue of the applicability or otherwise of IP law to IKS, this study takes the approach that it is necessary to understand the socio-historical developments that account for the peripheral status of IKS in relation to the dominant western knowledge systems (WKS). A key argument of this study is that the lack of legal protection of IKS is directly connected to their marginal status in social, intellectual, cultural and economic terms arising from the dominance of the predominantly WKS. It is argued that far from being a narrow legalistic debate, the matter of the protection of IKS is a wider socio-cultural, economic and political issue that centres on the power relations between and among people, corporations and states. Through a combination of theoretical and field investigations, the study seeks to explore the factors that account for the marginalisation of IKS generally and IMK systems in particular. The “struggle thesis” demonstrates that from an historical viewpoint knowledge systems are in a state of constant interaction and struggle resulting in problems. The key to resolving the problems is to acknowledge difference and accept the legitimacy and validity of different knowledge systems and to democratise the regime of knowledge protection both nationally and globally. It proposes that solutions lie in not only reconstructing the legal architecture but also in ensuring that the social, economic and political structures are reconstructed to safeguard and nurture the IKS. The study investigates the needs and expectations of the indigenous communities including their rationale for the protection of their knowledge systems. Finally, it also contributes to the development of indigenous research methodologies.
13
Nelufule, Maanda David. "Comparative democracy : issues of consolidation in South Africa and Zimbabwe." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52740.
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Thesis (MPhil)--Stellenbosch University, 2002.ENGLISH ABSTRACT: Democracy is understood by many to be a government for the people by the people. As far as academic or scholarly traditions are concerned however, this is a rather populist depiction of the concept. According to the intellectual tradition, democracy is such when a system of governance meets several conditions. For the purpose of this study, the institutionalist tradition or theory of democracy which sees democracy as being dependent on institutions of contestation (elections) and participation (parliament) as well as others, is an important variable. However, the very same theory on democracy is not limited to institutions as the sole requirements for democracy. For the economic determinists, the point is that whilst institutions are important for democracy, they are not sufficient. In order for there to be such, favourable socio-economic conditions are important as well and these include affluence amongst other issues. The scientific orientation of this study being comparative, it seeks to take both the institutionalist variable of elections and the economic determinist variable of affluence as operational measures of the state of democracy in South Africa and Zimbabwe. As an additional operationalisation, the issue of civil and political liberties as per Freedom House classifications is also investigated in a similar comparative manner. The outcomes of the study show that at an electoral level, South Africa's model of proportional representation in the seat allocation system gives minorities a voice as opposed to Zimbabwe's fast past the post system based on the winner takes all principle. It was also established that the electoral machinery in Zimbabwe is more chaotically arranged and thus susceptible to abuse than in South Africa. At a socio-economic level, conditions have also been found to be a lot more favourable to the consolidation of democracy in South Africa than in Zimbabwe because of a wide array of issues, the most serious one being the declining income patterns for the average Zimbabwean as compared to the South African. Though the issue of high income inequality in South Africa should be highlighted as a threat, it should also be noted that in Zimbabwe, the apparent disrespect of the rule of law has an added negative implication for Zimbabwe as Freedom House has highlighted the declining of the country from partly free of 3.4 in 1980 to a partly free of 6.5 in 2000. The overall analysis comes to the conclusion that given the findings above, it seems South Africa's democracy can still hold stronger given an accelerated equitable distribution of wealth whilst for Zimbabwe, the revitalisation of democracy needs to start from the re-engineering of institutions to the regeneration of the concept of respect for the rule of law. Thus the comparison seems to show a democracy better suited for consolidation than the other.
AFRIKAANSE OPSOMMING: Demokrasie word deur talle verstaan as regering van die volk deur die volk. Hierdie is egter 'n populêre voorstelling van die konsep. Volgens intellektuele tradisies, moet 'n demokrasie aan sekere vereistes voldoen. Vir die doel van hierdie studie, word die institusionele denke aanvaar wat die demokrasie as afhanklik van sulke instellings soos mededinging (verkiesings) en deelname ('n parlement) beskou. Dieselfde denke beklemtoon ook dat instellings nie die enigste vereistes is me, byvoorbeeld vir ekonomiese deterministe, is instellings nodig maar nie genoegsaam nie. Dit beteken dat gunstige sosio-ekonomiese toestande ook moet geld, spesifieke relatiewe hoë welvaartspeile. Die wetenskaplike orientasie van hierdie studie is vergelykend. Dit vergelyk sowel ekonomiese as institusionele kriteria, asook twee state, Suid-Afrika en Zimbabwe. 'n Addisionele saak word ook geoperasionaliseer, te wete burgerlike vryhede en politieke regte. Hier word Freedom House se klassifikasies aanvaar. Die studie toon dat op die vlak van verkiesings, Suid-Afrika se proporsionele verteenwoordigingstelsel kleiner partye en minderheidspartye verteenwoordiging bied, teenoor Zimbabwe se wenner-vat-alles-stelsel. Die Zimbabwiese stelsel was meer vatbaar vir wanbestuur en onvrye en onregverdige verkiesings. Op die sosio-ekonomiese vlakke is toestande vir die konsolidasie van demokrasie in Suid-Afrika veel beter as in Zimbabwe, waarvan die vernaamste die afname in welvaartspeile in Zimbabwe is. Hierteenoor is die styging van ongelykheidsvlakke in Suid-Afrika 'n negatiewe faktor. In Suid-Afrika is vryheidsindekse van Freedom House egter steeds op 'n hoë vlak, terwyl die Zimbabwiese vlakke drasties agteruitgaan, byvoorbeeld vanaf 3.4 in 1980 tot 'n onvrye vlak van 6.5 in 2000 waar 'n punt van 7 totaal onvry is. Die konklusie is dat demokrasie in Suid-Afrika konsolideerbaar is, terwyl Zimbabwe ook instellings sal moet red van ondergang. Die herstel van regsoewereiniteit kan 'n beginpunt wees. Die vergelykings wys dus uit dat Suid-Afrika veel beter daaraan toe is as Zimbabwe.
14
Matemba, Edward. "Adverse welfare effects of regulations on small tobacco exporters: the case of Zimbabwe." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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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.
15
Kanyenze, Rumbidzai. "An analysis of the income tax consequences resulting from implementing the Income Tax Bill (2012) in Zimbabwe." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017536.
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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.
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Nhenga, Tendai Charity. "Application of the international prohibition on child labour in an African context : Lesotho, Zimbabwe and South Africa." Doctoral thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/4726.
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Includes abstract.Includes bibliographical references (leaves 242-266).
The international community's overwhelming support for the United Nations Convention on the Rights of the Child of 1990 and the International Labour Organisation's Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour of 1999, implies a high degree of international concern for the welfare of the child. This backing is based on an assumption that the institutionalisation of children's rights and the abolition of child labour at a global level will result in the improvement of the lives of all children. Despite this display of concern, there are considerable differences between the North and the South on the child rearing methods and attitudes towards the work of children. With this in mind, can a world that is so diverse socially and culturally effectively implement the international law on child labour? This research therefore set out to examine the efficacy and appropriateness of the universal standards on child labour in the context of the indigenous societies of Lesotho, Zimbabwe and South Africa.
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Hondora, Tawanda. "Developing securitization-enabling financial infrastructure in emerging markets : a case-study of Zimbabwe." Thesis, University of Warwick, 2009. http://wrap.warwick.ac.uk/2759/.
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This legal study identifies through a case-study of Zimbabwe the range of essential legal reforms an emerging market should implement to establish financial infrastructure that enables the structuring of securitization transactions and the prevention and management of risks – such as those highlighted by the 2007 global financial crisis – that can arise from securitization transactions. The study analyses: (i) laws regulating or relating to prudentially regulated firms that typically use securitization to refinance; (ii) corporate and trust laws to identify legal structures which can be utilised as securitization special purpose vehicles; (iii) the Roman-Dutch law of sale to determine whether it permits the true-sale of financial assets; (iv) various legal risks, including substantive-consolidation, veil-piercing, foreclosure, insolvency and tax risks; (v) the dispute resolution framework; and (vi) the structured finance risk mitigation properties of Zimbabwe‘s financial market regulatory framework. The study concludes that Zimbabwe‘s legal system permits most of the contractual arrangements that constitute a basic securitization transaction. However, its financial services regulatory and gatekeeping framework - which must be reformed - is rudimentary and ill-suited to preventing and managing systemic risks that can arise from securitization. This is the first comprehensive academic study which investigates the extent to which the Roman-Dutch legal system enables the various contractual arrangements that constitute a securitization transaction. It also presents an analytical model for reviewing the securitization-enabling characteristics of emerging markets‘ legal systems and the securitization risk mitigation properties of their financial infrastructures.
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Musiza, Charlene Tsitsi. "Does the growth of ICT in Zimbabwe present an opportunity for effective use of intellectual property rights?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16711.
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Includes bibliographical referencesIn 2005 the Government of Zimbabwe adopted a National Information and Communications Technology (ICT) Policy to spur growth in the ICT sector. The idea was to transform Zimbabwe into a knowledge - based economy by 2020. This saw some synergies between stakeholders in improving ICT infrastructure. In the last decade Zimbabwe has seen growth in ICT albeit with numerous challenges. There have been innovation s in ICT which raise possible intellectual property issues. The thesis seeks to assess whether there is scope for the utilisation of intellectual property rights in some of the innovations. An exploration of the various policies that have a bearing on ICT will inform the discussion on ICT growth. The thesis will also lay out the intellectual property framework and identify rights which can be appropriated to innovations. It will identify some areas where tailoring is required to suit the system to the development needs of the country and the innovation environment. Some recommendations will be made derived from the experiences of other countries and from the survey conducted as part of the research.
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Gandari, Jonathan. "An examination of how organisational policy and news professionalism are negotiated in a newsroom: a case study of Zimbabwe's Financial gazette." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1002884.
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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.
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Mapodisi, Tebogo Titose. "Towards the establishment of a national human rights institution in Botswana: Lessons from South Africa and Zimbabwe." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12908.
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Includes bibliographical references.This dissertation seeks to answer the following research questions: Whether there exist legal and institutional gaps that need to be filled by the establishment of a National Human Rights Institution (NHRI) in Botswana? How will the establishment of a NHRI fill gaps in Botswana’s existing legal and institutional framework? What are the minimum standards, guidelines and principles which must be adhered to in order to establish an effective NHRI ? What lessons can Botswana learn from South Africa and Zimbabwe in order to establish a NHRI Botswana’s which complies with the Paris Principles?
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Righarts, Saskia Anne, and n/a. "Reducing the negative effect of cross-examination questioning on the accuracy of children�s reports." University of Otago. Department of Psychology, 2008. http://adt.otago.ac.nz./public/adt-NZDU20080827.093855.
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A growing body of research suggests that cross-examination may be detrimental to the accuracy of children�s event reports. The primary goal of the present research was to investigate three specific ways in which the negative effect of cross-examination could be reduced.
Experiment 1 examined the effect of reducing the delay between the collection of the primary evidence and cross-examination. Five- and 6-year-old children (N = 76) took part in a staged event and were interviewed 1 to 2 days later. In this interview, children were asked to recall everything they could remember about the event. Children were then asked specific yes/no questions. Next, either 1 to 3 days or 8 months later, all children were interviewed for a second time in a cross-examination format. The 8-month delay was equivalent to the average delay experienced by children in New Zealand courts (Lash, 1995). The aim of the cross-examination interview was to talk the children out of their original responses, irrespective of the accuracy of their original account. Cross-examination questioning had a significant negative effect on the accuracy of children�s reports, regardless of timing. That is, children cross-examined soon after the memory event performed no better than those who were cross-examined after an 8-month delay. Furthermore, one week after cross-examination, children were interviewed again. The purpose of this interview was to establish whether children actually believed the responses they had given during cross-examination. During this interview, many children reversed what they had said during cross-examination, indicating that the responses they had given during cross-examination were due primarily to compliance to authority.
Given the finding that compliance to authority played a significant role in children�s cross-examination performance in Experiment 1, Experiment 2 addressed whether a pre-interview intervention aimed to decrease compliance would reduce the negative impact of cross-examination. Five- and 6-year-old children (n = 59) and 9- and 10-year-old children (n = 62) participated in the same staged event and were interviewed for their primary evidence as in Experiment 1. Prior to the cross-examination interview, however, some children were warned that the interviewer might ask some questions which were tricky and that it was okay to tell her that she was wrong. Warning children prior to the cross-examination interview did not reduce the negative impact of cross-examination for either age group, even when the warning was delivered by the cross-examining interviewer.
Experiment 3 addressed whether a more intensive pre-interview intervention could reduce the negative impact of cross-examination. Using the same experimental procedures as Experiment 2, half of the 5- and 6-year-old children (n = 77) and 9- and 10-year-old children (n = 87) received a practice and feedback session with cross-examination type questions prior to the target interview. While cross-examination still resulted in a decrease in children�s accuracy, children in the preparation condition performed significantly better than the control children.
Taken together, these findings demonstrate that the negative effect of cross-examination is highly robust and that compliance appears to be the underlying mechanism responsible for this. A practice and feedback session targeting the factors that contribute to compliance reduced, but did not eliminate, the negative effect of this questioning style. Therefore, children�s accuracy may be facilitated to some extent by cross-examination preparation prior to testifying.
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Torgbor, Edward Nii Adja. "A comparative study of law and practice of arbitration in Kenya, Nigeria and Zimbabwe, with particular reference to current problems in Kenya." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80182.
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Thesis (LLD)--Stellenbosch University, 2013.Bibliography
ENGLISH ABSTRACT: Arbitration as a mode of dispute settlement has been growing steadily all over the world. The momentum for commercial arbitration in particular was provided by the 1985 UNCITRAL Model Law on International Commercial Arbitration (“the Model Law”). Legislation based on the Model Law has been enacted in many countries. The arbitration laws of three of these countries, Kenya, Nigeria and Zimbabwe, are selected for consideration in this dissertation because of their common origins, similar statutes, similar problems, shared experiences, and their regional distribution. As the writer’s arbitration practice is based in Kenya, that jurisdiction is the primary, albeit not the only, source and foundation for this work, the focal point of reference and the citations from the law and practice incorporated in this research. The work consists of three chapters. Chapter one is a brief introduction and an overview of arbitration. This is followed by the statement of the research question, the justification for the research, methodology and the structure and content of the dissertation. Chapter two describes the legal and contextual framework for the investigation of the research questions in the selected jurisdictions of Kenya, Nigeria and Zimbabwe. Customary Law arbitration is included as a significant feature of African arbitration law. The UNCITRAL Model Law, the Arbitration Act, 1995 (Kenya), the Arbitration and Conciliation Act, 1988 (Nigeria), the Arbitration Act, 1996 (Zimbabwe), the Arbitration Act, 1996 (England), and the South African Draft Arbitration Bill are all used as legislative or statutory points of reference in the discussion of the research questions. Chapter 3 contains the main focus of the dissertation in which six recurrent arbitration problems in Kenya are discussed in the context of domestic arbitration. The research investigates (i) the illusiveness of consent as the basis for consensual arbitration (ii) jurisdictional challenges (iii) the procedural powers of the arbitral tribunal (iv) the disruptive effect of adjournments and postponements on the arbitral process (v) constraints on the granting of interim relief and (vi) the enforcement of the arbitral award. Original, creative and innovative proposals in response to these problems include: the express legislative recognition of the manifestation of consent in both the verbal and written forms of the arbitration agreement, the use of the constructive dispute resolution technique, statutory recognition of customary law arbitration, the use of an expedited arbitration procedure, the award of exemplary and punitive damages in arbitration, a code of sanctions to facilitate the arbitration process, and a simplified method of enforcement and execution of the arbitral award. The dissertation concludes with reflections on the future of arbitration in Africa, and the need for modernization and harmonization of arbitration laws for peaceful resolution of disputes and serious conflicts across Africa. The aim of this study is best illustrated by a short story: In the early nineties there was a man, untrained in any known discipline, who strutted court corridors, trade centres and market places, carrying a placard advertising himself to lawyers, traders and marketers as “An Arbitrator and Private Judge”. He attracted business, charged a handsome percentage fee on the value of the claim, was duly paid, until officialdom caught up with him and put paid to his burgeoning career as “Arbitrator-Judge”. But the reckless enthusiasm spawned by his wit and imagination, and the idiosyncratic practices in dispute resolution persisted and are manifest in Kenyan arbitration culture today. The need to remove bad practices, avoidable impediments, and inefficiency in the arbitration culture of Kenya in order to make its procedures and processes more efficacious, is the heart of this study.
AFRIKAANSE OPSOMMING: Arbitrasie as ‘n wyse van geskilbeslegting is wêreldwyd aan die toeneem. Die 1985 UNCITRAL Modelwetgewing insake Internasionale Kommersiële Arbitrasie het die momentum hiervoor gebied. Talle lande het vervolgens gereageer deur wetgewing geskoei op hierdie model te promulgeer. Die arbitrasiereg van drie lande, tewete Kenia, Nigerië en Zimbabwe, is vir doeleindes van hierdie proefskrif gekies op die basis van gemeenskaplike geskiedenis, soortgelyke wetgewing, soortgelyke probleme, gedeelde ervaringe en regionale verspreiding. Aangesien die skrywer se arbitrasie-praktyk in Kenia gebaseer is, word hierdie jurisdiksie as die primêre, alhoewel nie die enigste, bron en basis vir die navorsing gebruik. Die werk beslaan drie hoofstukke. Hoofstuk een verskaf ‘n kort inleiding tot en oorsig van die reg rakende arbitrasie. Dit word gevolg deur die navorsingsvraag, die rasionaal vir die navorsing, metodiek en die struktuur en inhoud van die proefskrif. Hoofstuk twee bied die regs- en kontekstuele raamwerk vir die ondersoek in die gekose jurisdiksies, nl. Kenia, Nigerië en Zimbabwe. ‘n Bespreking van gewoonteregtelike arbitrasie word ingesluit, aangesien dit ‘n belangrike deel van Arbitrasiereg in Afrika uitmaak. Die UNCITRAL Modelwetgewing, die Wet op Arbitrasie 1995 (Kenia), die Wet op Abitrasie en Konsiliasie 1988 (Nigerië), die Wet op Arbitrasie 1996 (Zimbabwe), die Wet op Arbitrasie 1996 (Engeland) en die Suid-Afrikaanse Konsepwet op Arbitrasie word gebruik as die statutêre basis vir die bespreking van die navorsingsvrae. Hoofstuk 3 handel met die hooffokus van die proefskrif. Ses probleme wat telkemale opduik in die konteks van plaaslike arbitrasies in Kenia, en wat as die navorsingsvrae geïdentifiseer is, word vervolgens bespreek. Hierdie probleme is (i) die ontwykendheid van toestemming as basis vir arbitrasie deur ooreenkoms; (ii) jurisdiksionêre uitdagings; (iii) die proseduele magte van ‘n arbitrasie tribunaal; (iv) die onderbrekende effek van verdagings en uitstelle van arbitrasie-verhore; (v) beperkinge op die verlening van tussentydse regshulp, en (vi) afdwinging en uitvoering van die arbitrasie-toekenning. Oorspronklike, kreatiewe en innoverende voorstelle as antwoord op hierdie probleme sluit in: die uitdruklike statutêre erkenning van toestemming tot arbitrasie in beide mondelinge en geskrewe vorms; die gebruik van konstruktiewe dispuutoplossingstegnieke; statutêre erkenning van gewoonteregtelike arbitrasies; die gebruik van ‘n versnelde arbitrasie-prosedure; die verlening van skadevergoeding in die vorm van ‘n strafbedrag; ‘n kode van sanksies om die arbitrasie proses te fasiliteer; en ‘n vereenvoudigde wyse waarop arbitrasie-toekennings afgedwing en uitgevoer kan word. Die proefskrif sluit af deur die toekoms van arbitrasie in Afrika te bespreek, asook die behoefte aan modernisering en harmonisering van arbitrasiereg ten einde geskille dwarsoor Afrika op ‘n vreedsame wyse te kan besleg.
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Chinomona, Rutendo. "Analysing the rights of women in the new Constitution of Zimbabwe with reference to International Law." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/43304.
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This study is an analysis on the rights of women in the new Zimbabwean Constitution with reference to International Law. It seeks to answer the question does the new Constitution address the limitations of the old with regard to the rights of women in international law. The new Constitution is analysed, against international and regional human rights instruments, finding positive development in Constitutional entrenchment of women’s rights in education, health and marriage, the principles of equality and non-discrimination; concluding that the new Constitution sets the platform for protecting and fulfilling women’s rights, while also recognising there is room for improvement in the Constitutional text to fully protect women’s rights. The study goes further to analyse the relationship between the domestic law international law from a constitutional perspective. Women benefit from the monist position of customary international law which ensures individuals may institute claims based on international customary law. Treaties, however, require domestication into municipal law, a position which disadvantages women where the rights are not constitutionally entrenched and the relevant treaties have not been domesticated. This position need not necessarily prejudice women; the legislature is seen to have an important role in assessing existing legislation and fulfilling its mandate of enacting new legislation (complete with remedies for violations) compliant with the Constitution and international human rights standards to protect the rights of women. Areas of focus in strengthening women’s rights are highlighted as part of the legislature’s role. Legislation should have implementation mechanisms for the realisation of women’s rights. The position of international law can be strengthened by the judiciary when it takes an active role in ensuring compliance with international human rights standards on women’s rights, responding positively to the social dynamics in adjudicating on the rights of women.Dissertation (LLM)--University of Pretoria, 2013.
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Nhlapo, Ronald Thandabantu. "Family law and traditional values : a study of the legal position of women in Swaziland with selected references to developments in Zimbabwe." Thesis, University of Oxford, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.305121.
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Afjei, Sayed MR. "A Content Analysis of Sustainability Dimensions in Annual Reports." FIU Digital Commons, 2015. http://digitalcommons.fiu.edu/etd/1926.
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This study examines the triple bottom line of sustainability, in the context of both profit-oriented and non-profit oriented organizations. Sustainability is a compound result of interaction between economic, environmental, and social dimensions. Sustainability cannot be achieved without balance between all three dimensions, which has implications for measuring sustainability and prioritizing goals. This study demonstrates a method for measuring organizational sustainability achievement in these three dimensions of sustainability.
Content analysis of the annual reports of corporations from the United States, Continental Europe (and Scandinavia), and Asia reveals that the economic dimension remains the preeminent aspect, and corporations still have a long way to go to reach comprehensive sustainability by maintaining a balance between the three dimensions of sustainability. The analysis also shows a high level of isomorphism in the sustainability practices of corporations, suggesting that even the most sustainable corporations are taking a somewhat passive role in prioritizing sustainability goals.
A list of 25 terms for each dimension of sustainability (economic, environmental, and social) has been developed which can be used by corporations to develop and communicate their sustainability practices most effectively to the maximum number of their stakeholders. In contrast, botanical gardens demonstrate more balance among the three dimensions of sustainability.
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Chigwata, Tinashe Calton. "The law and policy for provincial and local government in Zimbabwe: The potential to realise development, build democracy, and sustain peace." Thesis, University of the Western Cape, 2014. http://hdl.handle.net/11394/4336.
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The adoption of the 2013 Constitution of Zimbabwe heralded a new era with high expectations from ordinary citizens of Zimbabwe. Among other matters, the Constitution provides for a multilevel system of government with government organised at the national, provincial and local levels. The design of this system of government is linked to the need, inter alia, to realise development, build democracy and sustain peace in Zimbabwe. Provincial and local governments are expected to play a role in the realisation of these goals. The question is whether the law and policy governing provincial and local governments in Zimbabwe enables these governments to play that role. It will be argued that the law and policy hinders the role of provincial and local governments in realising development, building democracy and sustaining peace. The national government has excessive supervisory powers over provincial and local governments which limit the minimum level of local discretion required if these lower governments are to assist in realising development, building democracy and sustaining peace. Moreover, the legal and institutional design emphasises coordinative rather than cooperative relations among governments, thereby undermining opportunities for effective multilevel governance. It will be argued that the 2013 Constitution, however, provides the foundation upon which an effective system of multilevel government can be built. Mere alignment of the legislative framework with the 2013 Constitution is nevertheless unlikely to give full effect to the non-centralised system of government envisaged by this new Constitution. What is required is the development of a policy, institutional and legislative framework that gives effect to the constitutional spirit of devolution of power and cooperative governance.Doctor Legum - LLD
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Kondo, Tinashe. "Invesment law in a globalised enviroment: A proposal for a new foreign direct invesment regime in Zimbabwe." University of the Western Cape, 2017. http://hdl.handle.net/11394/6459.
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Magister Legum - LLM (Mercantile and Labour Law)Most developed countries that enjoy the lion's share of foreign investment do not have domestic legal frameworks on foreign direct investment. This is because investors are attracted by a holistic picture of these countries. Such countries have strong institutions of governance, enjoy political and economic stability, embrace democracy, have respect for rights, and have high levels of development - factors which attract investors. In terms of regulation, many of these countries are heavily reliant on bilateral investment treaties. However, this is not the case in developing countries such as Zimbabwe. The existence of an effective and efficient legal framework on the governance of foreign direct investment is an important consideration for investors. This emanates from the fact that developing countries often have weak legal systems, shaky economies and uncertain political environments.
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Johnson, Karissa Carmalita. "The erosion of the rule of law and the fall of human rights : case study of Zimbabwe." Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65662.
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Khumalo, Senziwani. "An investigation into how Zimbabwe's Bulawayo viewers negotiate the gay storyline in Generations." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017784.
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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.
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Idzhar, Rosslan Shamsul. "A web based solution for a law firm to practice mediations and collaborative divorce cases effectively online /." Leeds : University of Leeds, School of Computer Studies, 2008. http://www.comp.leeds.ac.uk/fyproj/reports/0708/Shamsul-Idzhar.pdf.
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Mushohwe, Knowledge. "An analysis of selected cartoons published during Zimbabwe's 2008 elections." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1609.
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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.
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Madima, Reshoketswe. "A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32336.
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South Africa is a country that in the past has experienced gross human rights violations, and therefore has sought never again to have such violations. The government has sought to protect people's human rights by including them in the country's Constitution. Furthermore, South Africa has engaged with various international human rights bodies to further advocate for good human rights practices. However, the country has encountered some domestic challenges, with inequality and poverty being rife in the country. These challenges have implications for South Africa's economic foreign policy goals. This study explores South Africa's foreign policy with the Chinese government and the Zimbabwean government to explain why the country has chosen countries with poor human rights such as these. The research study will be centred around the period from 2008 to 2017. The offensive realism theory formed the theoretic framework of this research study. The study employed a qualitative research strategy as well as an interpretivist research paradigm. The findings show that when it comes to South Africa's foreign policy agenda, the government's goal is to establish a partnership with another country that will ultimately benefit the economic interests of South Africa, regardless of the country's human rights principles.
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Mavedzenge, Justice Alfred. "An analysis of how Zimbabwe’s international legal obligation to achieve the realisation of the right of access to adequate housing, can be enforced in domestic courts as a constitutional right, notwithstanding the absence of a specific constitutional right of every person to have access to adequate housing." Thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28353.
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The Constitution of Zimbabwe of 2013 does not expressly guarantee every person a right to have access to adequate housing. However, the Government of Zimbabwe has an international legal obligation to achieve the progressive realisation of the right to have access to adequate housing by everyone in the country. This obligation is derived from art 11 (1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Zimbabwe is a dualist state and therefore, this obligation is not directly or automatically enforceable as municipal law in Zimbabwe. It can be enforced in domestic courts only if it has been enacted into legislation or if it is entrenched as a constitutional obligation. The absence of a specific constitutional right, guaranteed for everyone to have access to adequate housing, thus raises the concern that the government may not be held accountable, in the domestic courts, to comply with its international legal obligation to ensure that everyone enjoys access to adequate housing. There is a national housing crisis in Zimbabwe that is characterised by an acute shortage of adequate housing, mass forced evictions and unfair discrimination in the allocation of housing facilities by government. There is therefore an existing need to compel government to comply with and fulfil its international legal obligations relating to the right of every person to have access to adequate housing. In the absence of an explicit constitutional guarantee of such a right, it is necessary to find alternative constitutional rights which citizens and individuals in Zimbabwe can rely on to compel Government to comply with and fulfil its international legal obligations that arise from art 11 (1) of the ICESCR. The Constitution of Zimbabwe expressly guarantees for everyone the following rights; the fundamental freedom from arbitrary evictions, the right to life, the right to equality and the children’s right to shelter. The scope of each of these rights can be interpreted broadly to include some of the duties that ordinarily arise from the right to have access to adequate housing. Therefore, these rights can be applied together to enforce the international legal duty of the state to ensure the progressive realisation of the right to have access to adequate housing by everyone in Zimbabwe.
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Chiduza, Lovemore. "The significance of judicial independence in human rights protection: A critical analysis of the constitutional reforms in Zimbabwe." Thesis, University of the Western Cape, 2013. http://hdl.handle.net/11394/3868.
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Philosophiae Doctor - PhDThe primary basis of this construction is that one of the roles of the judiciary is that of enhancing and protecting human rights. This is an important function which is best implemented through judicial independence. Across Africa and most notably in Zimbabwe, political interference has been noted as a factor that limits judicial independence. The judiciary‘s lack of independence has made it impossible for it to protect human rights in Zimbabwe. This signifies that a new approach to judicial protection of human rights in the country is required. Constitutional reform could be the appropriate legal tool to achieve this objective. Zimbabwe has undertaken constitutional reforms which may help in addressing the human rights situation in the country. These reforms have captured legal principles which will ensure an improvement in the human rights situation. Key to the reforms, has been the independence of the judiciary. The Constitution guarantees the independence of the judiciary. Despite such guarantees there are a number of challenges with regards to this independence. The aim of this research is to show what measures need to be taken for the judiciary to adequately protect human rights and to establish other measures that can be taken to address the human rights issues in Zimbabwe
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Tshosa, Onkemetse Baster. "Some legal aspects of the incorporation of international human rights law into domestic laws of Botswana, Namibia and Zimbabwe." Thesis, University of Edinburgh, 1999. http://hdl.handle.net/1842/22701.
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This thesis is a critical analysis of the incorporation and role of international human rights law in the municipal laws of Botswana, Namibia and Zimbabwe. It adopts a comparative approach. This approach is predicated on the following similarities between the three countries. These countries have inherited the same Roman-Dutch common law from the erstwhile colonial Powers, they have entrenched Bills of Rights in their respective national Constitutions and there is an emerging judicial practice of invoking and relying upon international human rights law in interpreting national law. The areas examined are: the dominant theories on the relationship between international law and national law, colonial legal legacy, the reception and status of international human rights law in the pre-independence era, the domestic status of international law at independence and new departures, if any, from the colonial legacy, and the practice of each of these counties in relation to these theories in the post-independence legal order. As regards the latter, the study examines the extent to which Namibian monist theory adopted at independence and the monist-dualist inherited legacy of Botswana and Zimbabwe have been applied since independence in national law particularly by the judiciary in the enforcement of human rights law. A comparison is made between the countries in question in order to assess the relevance of classical monism and dualism in the domestic application of international human rights law. In particular, the thesis examines the extent to which the common theoretical approach inherited by these countries towards international law, customary and conventional, has been retained or departed from in the enforcement of national human rights law.
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Gwarinda, T. A. "The Impact of the common law and legislation on African indigenous laws of marriage in Zimbabwe and South Africa." Thesis, University of Fort Hare, 2013. http://hdl.handle.net/10353/1421.
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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.
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Britz, Anna Christina. "The struggle for liberation and the fight for democracy : the impact of liberation movement governance on democratic consolidation in Zimbabwe and South Africa." Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/17856.
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Thesis (MA )--Stellenbosch University, 2011.ENGLISH ABSTRACT: The issue of democratic consolidation has become an important field of study in relation to developing states, especially with regards to Southern Africa. The region’s history of liberation struggles and the emergence of liberation movements as ruling parties are vital factors to take into account when investigating democracy and, more specifically, democratic consolidation in these countries. However, there are only a few comparative studies that have looked at the effects of liberation movement governance on democracy. Therefore, in this study two case studies – Zimbabwe and South Africa – are compared in an effort to offer more insight into this topic. The focus of the study was placed on how the behavior of liberation movement governments has affected the rule of law in order to assess their impact on democratic consolidation in general. This study follows the premise of studies in political behavior that actors’ attitudes (in this case, liberation movements’ political cultures) affect their behavior or actions that in turn have an influence on democratic institutions that eventually impacts democratic stability. In order to investigate this, the two case studies were compared and discussed in terms of the following themes: firstly, the respective liberation struggles and transitions to majority rule; secondly, the political cultures that have developed within ZANU-PF and the ANC during the liberation struggles; and lastly, the effect of the two parties’ behavior – informed by the political cultures – on the rule of law, a central feature of democratic consolidation. The findings indicate that in Zimbabwe, the rule of law disintegrated and democracy faltered largely due to the behavior of ZANU-PF. In South Africa, on the other hand, the rule of law has so far been upheld and the prospects for democratic consolidation seem more positive than in the case of Zimbabwe. In the last few years, though, the ruling ANC has shown tendencies that could prove to be detrimental to the future of democracy in South Africa. The ANC and ZANU-PF have both exhibited an authoritarian political culture, a desire to capture the state, tendencies towards centralization of power and the delegitimation of opposition. However, perhaps the key explanation for the protection of the rule of law in South Africa and the disintegration thereof in Zimbabwe has less to do with the political culture than the constraining influence of the international context with a renewed focus on democracy and human rights and internal factors such as the constitution, civil society and a robust media. Furthermore, Zimbabwe experienced a watershed moment in the 2000 with the constitutional referendum which the Mugabe regime lost. With the loss of the referendum, ZANU-PF’s democratic credentials were tested and it failed. In South Africa, such a watershed moment has not happened yet – the ANC’s democratic credentials have yet to be tested like this. Therefore, the future of democracy is still uncertain even though in comparison with Zimbabwe, the prospects of democratic survival seem to be more positive. In conclusion, it is not possible to claim that liberation movement governance in general negatively affects democratic consolidation. The findings of the study indicate that this has definitely been the case in Zimbabwe, but so far not in South Africa.
AFRIKAANSE OPSOMMING: Die kwessie van demokratiese konsolidasie het ‘n belangrike veld van studie geword in verband met ontwikkelende lande, veral met betrekking tot Suider-Afrika. Die gebied se geskiedenis van bevrydingstryde en die opkoms van vryheidsbewegings as regerende partye is belangrike faktore om in ag te neem wanneer demokrasie en, meer spesifiek, demokratiese konsolidasie ondersoek word. Tog is daar sover net ‘n paar vergelykende studies wat gekyk het na die effekte van bevrydingsbewegings se regeerkunde op demokrasie. Gevolglik, in hierdie studie is twee gevallestudies – Zimbabwe en Suid-Afrika – vergelyk in ‘n poging om meer insig te bied met betrekking tot hierdie onderwerp. Die fokus van die studie is geplaas op hoe die gedrag van regerende bevrydingsbewegings die oppergesag van die reg beïnvloed in ‘n poging om te bepaal hoe hulle demokratiese konsolidasie in die algemeen affekteer. Die studie volg die veronderstelling van studies in politieke gedrag dat akteurs se houdings (in hierdie geval die politieke kulture van die bevrydingsbewegings) beïnvloed hul gedrag of aksies wat weer ‘n invloed het op demokratiese instellings wat uiteindelik ‘n effek het op demokratiese stabiliteit. Om dit te ondersoek is die twee gevallestudies vergelyk en bespreek met betrekking tot die volgende: eerstens, die onderskeidelike vryheidstryde en oorgange tot meerderheidsregerings; tweedens, die politieke kulture wat ontwikkel het binne ZANU-PF en die ANC gedurende die vryheidstryde; en laastens, die effek van die twee partye se gedrag – geïnspireer deur die politieke kulture – op die oppergesag van die reg, ‘n sleutel kenmerk van demokratiese konsolidasie. Die bevindinge dui daarop dat die oppergesag van die reg in Zimbabwe in duie gestort het en demokrasie gefaal het grootliks as gevolg van ZANU-PF se gedrag. In Suid-Afrika, aan die anderkant, is die oppergesag van die reg sover gehandhaaf en die vooruitsigte vir demokratiese konsolidasie blyk om meer positief te wees as in die geval van Zimbabwe. Tog het die ANC oor die laaste paar jaar tendense getoon wat skadelik kan wees vir die toekoms van demokrasie in Suid-Afrika. Die ANC en ZANU-PF het beide ‘n outoritêre politieke kultuur geopenbaar, ‘n begeerte om beheer oor die staat oor te neem, tendense tot die sentralisering van mag en om opposisie te ondermyn. Alhoewel, die moontlike sleutel verklaring vir die beskerming van die oppergesag van die reg in Suid-Afrika en die disintegrering daarvan in Zimbabwe minder te doen het met die politieke kultuur as die beperkende invloed van die internasionale konteks met ‘n hernude fokus op demokrasie en menseregte en interne faktore soos die grondwet, die burgerlike samelewing en ‘n robuuste media. Verder, Zimbabwe het ‘n keerpunt beleef in 2000 met die konstitusionele referendum wat die Mugabe regime verloor het. Met die verlies van die referendum, is ZANU-PF se demokratiese getuigskrifte getoets en dit het gefaal. Suid-Afrika het nog nie so ‘n keerpunt beleef nie – die ANC se demokratiese getuigskrifte moet nog op so ‘n wyse getoets word. Daarom is die toekoms van demokrasie steeds onseker, maar in vergelyking met Zimbabwe, blyk dit dat die vooruitsigte vir demokratiese oorlewing meer positief is. Ter slotte, is dit nie moontlik om te verklaar dat bevrydingbewegings se regeerkunde demokratiese konsolidasie oor die algemeen negatief beïnvloed nie. Die bevindinge dui daarop dat dit definitief die geval in Zimbabwe is, maar sover nie in Suid-Afrika nie.
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Coetzer, Danielle Patricia. "Playing in the shadows: An analysis of childhood statelessness and the right to nationality in South Africa and Zimbabwe." University of Western Cape, 2019. http://hdl.handle.net/11394/7418.
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Magister Legum - LLMThe Universal Declaration on Human Rights (UDHR) provides that „everyone has the right to nationality.‟1 Nationality2 refers to the legal relationship between a State and an individual.3 The consequences are that this legal relationship gives rise to obligations and rights conferred by the State on these individuals. Statelessness occurs when an individual has no nationality of any country; a stateless person is someone who is not considered as a national by any State under the operation of its laws.
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Wilkerson, Tendai Marowa. "A comparative analysis of the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003213.
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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.
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Galonnier, Bernard. "Les law reports de la House of Lords et du Privy Council 1993 : l'anglais du droit : terminologie, rhétorique et aspects culturels." Toulouse 1, 1996. http://www.theses.fr/1996TOU10054.
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Cette thèse se propose de définir les traits distinctifs de l'anglais du droit tels qu'ils apparaissent au travers des comptes rendus de jugements (law reports) prononcés par la House of Lords et le Privy Council. La gamme des affaires traitées, tant au civil qu'au pénal, est assez vaste pour offrir un éventail représentatif des caractères propres à cette langue de spécialité. L'anglais du droit porte bien la marque des influences latines, saxonnes et enfin normandes qui ont contribué à le façonner et dont la persistance lui donne cette tonalité archaïque à laquelle on l'associe volontiers. En outre, l'emploi d'un registre élevé ainsi que d'une syntaxe élaborée ont pour but de souligner la dignité d'une institution et la rigueur d'un raisonnement qui se veut objectif. Les law reports ne se distingueraient guère des autres documents juridiques tels que les textes de loi si la présence d'une langue imagée ne venait en pimenter l'austérité. Au moment où le recrutement des juges anglais ainsi que leurs méthodes de raisonnement sont parfois mis en cause par les linguistes et les juristes, il a paru opportun de mettre en évidence la variété des registres employés, afin de définir l'identité des destinataires de ce type de discours ainsi que le rôle du magistrat au sein de l'institution judiciaire anglaise qui est bien le reflet de la culture de tout un peupleThe aim of this thesis is to define the distinctive features of legal English as they appear in the law reports of the House of Lords and the Privy Council. Legal English bears the mark of the latin, saxon and norman influences which have moulded it and to which it owes the archaic tone with which it is commonly associated. Moreover, by using a lofty style and an elaborate syntactic structure, the English judge aims at emphasizing the dignity of the judiciary as well as the logical nature of a type of reasoning which is supposed to be objective. The law reports would hardly be different from other types of legal documents such as statutes, were it not for the presence of a metaphorical and even familiar language which enlivens the discourse and turns it into a communicative act. Therefore, legal English is brought within the reach of the common man in whose name justice is administered. At a time when the selection of English judges and their methods of reasoning are increasingly questioned by linguists as well as lawyers, it may be appropriate to define the identity of the addressees for whom this type of message is meant and to clarify the role of the judge within an institution which is part of the culture of a whole nation
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Gustafsson, Hall Joel. "Discrepancies in European Union Pre-accession Evaluations : An Assessment of the European Commission’s Progress Reports." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-424288.
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This study investigated whether EU Progress Reports measured the Copenhagen political criteria in a biased manner compared to independent indices. At stake is the credibility of the EU accession process and whether countries in the Western Balkans will seek partnerships with the EU or state-actors beyond the European peninsula. This is a case study of how well Albania and North Macedonia fared regarding the political criteria during 2014 and 2017. Each country was ranked against one another in order to find potential discrepancies between measurements from Progress Reports and independent indices. This paper did find evidence that suggests the European Commission disfavored North Macedonia and favored Albania. However, other results were inconclusive. The finding supported accession literature that has called into question the objectivity of the EU accession process.
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Chigwata, Tinashe. "The law and policy for provincial and local government in Zimbabwe: the potential to realise development, bulid democracy and sustain peace." University of the Western Cape, 2014. http://hdl.handle.net/11394/4405.
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Doctor Legum - LLDThe adoption of the 2013 Constitution of Zimbabwe heralded a new era with high expectations from ordinary citizens of Zimbabwe. Among other matters, the Constitution provides for a multilevel system of government with government organised at the national, provincial and local levels. The design of this system of government is linked to the need, inter alia, to realise development, build democracy and sustain peace in Zimbabwe. Provincial and local governments are expected to play a role in the realisation of these goals. The question is whether the law and policy governing provincial and local governments in Zimbabwe enables these governments to play that role. It will be argued that the law and policy hinders the role of provincial and local governments in realising development, building democracy and sustaining peace. The national government has excessive supervisory powers over provincial and local governments which limit the minimum level of local discretion required if these lower governments are to assist in realising development, building democracy and sustaining peace. Moreover, the legal and institutional design emphasises coordinative rather than cooperative relations among governments, thereby undermining opportunities for effective multilevel governance. It will be argued that the 2013 Constitution, however, provides the foundation upon which an effective system of multilevel government can be built. Mere alignment of the legislative framework with the 2013 Constitution is nevertheless unlikely to give full effect to the non-centralised system of government envisaged by this new Constitution. What is required is the development of a policy, institutional and legislative framework that gives effect to the constitutional spirit of devolution of power and cooperative governance.
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Duncan, Paula K. "Sexual offending and sentencing : an investigation of the factors affecting sentencing decisions regarding perpetrators of sexual offences against children. In particular an investigation of the impact and usefulness clinical psychology reports have in judicial decisions about sentencing sexual offenders." Thesis, Open University, 1996. http://oro.open.ac.uk/57626/.
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The sentencing of sexual offenders has become a national concern with public outcries about the injustice of the diversity of sentencing. Clinical Psychologists working in Forensic settings are increasingly involved in the treatment of child sexual offenders through consultation and therapeutic interventions in out-patient, residential and prison settings. Psychologists in these settings need to determine the characteristics of the sexual offender population they are likely to come in contact with in each of the different settings. This research aims to investigate a range of factors that impact and influence decisions about the sentencing of sexual offenders. A mixed methodological approach comprising case-file audit, qualitative interviews and statistical tests of association and prediction of variance was used to investigate the research area from different perspectives. A comprehensive profile of characteristics of child sexual offender's and their offences was obtained from audit data on 117 perpetrators of sexual offences against children. Statistical analysis of a number of these characteristics found that Psychological report recommendations were the most predictive of sentencing outcome when all other tested variables had been taken into account. The impact and influence of psychological reports in the sentencing process was further highlighted through interviews with Judges.
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Sardinha, Rui Filipe Ferreira Caldeirão. "Manipulação de resultados nas empresas não cotadas: aplicação prática ao sector do comércio por grosso." Master's thesis, Universidade de Évora, 2006. http://hdl.handle.net/10174/15923.
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Esta tese tem como principal objetivo demonstrar empiricamente que as empresas portuguesas não cotadas, do sector do comércio por grosso, efetuam a manipulação dos seus resultados com o objetivo de reduzir o montante de imposto sobre o rendimento a pagar. Inicialmente são definidos alguns conceitos importantes, tais como a manipulação de resultados ou os acréscimos e diferimentos discricionários e não discriminamos, bem como provisões para cobranças duvidosas ou resultados extraordinários Depois de uma breve revisão da literatura existente nesta área, na qual se descrevem os principais tipos, e os incentivos mais conhecidos para a manipulação de resultados, foi implementado um modelo de regressão linear múltipla, onde algumas rubricas contabilísticas foram consideradas como as mais utilizadas na realidade contabilística portuguesa. O período de estudo considerado situou-se entre 1997 e 2001, e os dados foram recolhidos na Central de Balancos do Banco de Portugal. Verificou-se pelo modelo desenvolvido, que o montante de imposto pago pelas empresas portuguesas não cotadas, do sector do comércio por grosso, esta correlacionado com as rubricas incluídas como variáveis independentes (margem bruta, provisões para clientes de cobrança duvidosa, acréscimos e diferimentos, endividamento total e resultados extraordinários). Este facto revela indícios de manipulação dos resultados contabilísticos no sentido da redução do imposto a pagar. Contudo, este estudo não pode concluir acerca da importância e qual a dimensão deste comportamento, nem pode afirmar se as empresas estudadas utilizam mecanismos que ultrapassam a lei fiscal, ou seja, se praticam fraude fiscal. /ABSTRACT - This thesis has the main purpose to present empirical evidence that Portuguese wholesaler not quoted companies practice earnings management, or earnings manipulation, in order to reduce their income taxation. Initially, some important concepts are elucidated, such as earnings management or discretionary accruals, as well as bad debts provisions or extraordinary items. After a literature review in this area, where the main kinds of earnings management and the most known incentives to earnings management were described, it was implemented a multiple regression model in which some accounts were considered as the most used in Portuguese accountant reality. The study period of empirical analysis was between 1997 and 2001, and the source of information was the “Banco de Portugal” financial reports central data. It was verified that Portuguese wholesaler not quoted companies’ taxes are closely related to items included as independent variables (gross margin, bad debt provisions, accruals, total debt, and extraordinary items). These results show us that the studied companies probably manage their results towards income decreasing. However, this study could not conclude which is the importance and extension of this behavior, as well as it could not say if these companies are using fraudulent mechanisms.
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Sithole, Ellen. "Towards a theory and practice of access to civil justice for the poor in Zimbabwe, law and dispute resolution in a pluralistic society." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ28318.pdf.
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Wållberg, Maria. "A summery in English of the master thesis: The influence of the accounting law : An evaluation of the annual reports among non-profit associations." Thesis, Karlstad University, Faculty of Economic Sciences, Communication and IT, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-3926.
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We have in this master thesis chosen to evaluate limit us to the non-profit fundraising associations. The evaluation is based on what Vedung(1998) the side-effect model, where we have the purposes of the law as the point of departure, to see that these law purposes are fulfilled. With this model we have also seen if there are any side-effects that were not foreseen.
In the analysis we have compared the non-profit associations’ annual reports with each other and with one profit making limited company. The evaluation shows that the annual reports are now more alike than before, both between each other and with the profit making limited company. However there is still room for the associations to use the annual report in a marketing-oriented way, to “sell” themselves to the stakeholders. Before 2001 it was almost impossible to compare the non-profit associations’ annual reports. The profit making limited companies annual reports are much more focused on numbers, this probably has to do with that the stakeholders’ wishes return on investment. A donor to a non-profit association rather wants to know that his/her money have done someone’s life to the better.
Our conclusions in this master thesis are that the new accounting law have affected the non-profit associations’ annual reports, this when they now are obligated to form its accounting according to ÅRL. But in the same time we also believe that the law not only has affected how the annual reports are formed. The expectations from the stakeholders, the accountants etc. also forms how they arrange the annual report, have also been affected. If any side effects that have arisen since the law changed among the non-profit associations’ annual reports are not easy to find. This is because it is still differences between a profit making limited company and a non-profit association, but they are now under the same annual report rules.
Syftet med uppsatsen är att utvärdera om årsredovisningarna hos ideella föreningar har påverkats efter att man 2001 valde att skriva om bokföringslagen så den nu gäller ett större antal företag. Anledningen till att man valde att ändra bokföringslagen var att få normgivningen mer enhetlig och generell. Innan 2001 var normgivningen spridd på flera olika lager, vilket ledde till att allt blev mer komplicerat än vad det behövde vara, menade vissa.
Vi har i denna uppsats valt att utvärdera ideella insamlingsorganisationer för att avgränsa oss. Utvärderingen utgår från vad Vedung (1998) kallar bieffektmodellen, där vi har som utgångspunkt syften med lagen, för att se om dessa syften levdes upp till. Vi har även i och med denna modell sett på om det blev sidoeffekter av lagen, som inte var meningen från början.
I analysen jämför vi de ideella föreningarnas årsredovisning med varandra och med ett vinstdrivande företag. Utvärderingen visar på att årsredovisningarna nu är mer lika varandra, både mellan varandra och med ett vinstdrivande företag. Dock finns det ett utrymme i årsredovisningen som föreningarna använder på ett reklaminriktat sätt, för att sälja in sig till intressenterna. Innan 2001 var det i princip omöjligt att jämföra de ideella föreningarnas årsredovisningar. Det vinstdrivande företagets årsredovisning är mycket mer inriktat på siffror och detta har antagligen att göra med att deras intressenter är vinstintresserade. En bidragsgivare till en ideell förening vill förmodligen istället veta att det man har skänkt pengar till har gjort att någon har det bättre nu.
Våra slutsatser i uppsatsen är att bokföringslagen har påverkat de ideella föreningarnas årsredovisningar, detta då de nu är tvingade till en mall enligt ÅRL. Men samtidigt tror vi att inte bara lagen har påverkat hur årsredovisningarna utformas. Förväntningar från intressenterna, samma revisor eller andra mallar på hur de kan lägga upp årsredovisningar påverkar även det. Sidoeffekter som har uppstått i och med att lagen ändrades är att årsredovisningarna hos ideella föreningar inte är helt enkla att läsa av. Detta då det i grunden ändå är skillnader mellan ett vinstdrivande företag och en ideell förening, men att de nu går under samma redovisningsregler.
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Marcus, Paul, and of the Dean College of Law University of Arizona Office. "Report to the President, 1984-1985." College of Law, University of Arizona (Tucson, AZ), 1985. http://hdl.handle.net/10150/612152.
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Marcus, Paul, and of the Dean College of Law University of Arizona Office. "Report to the President, 1985-1986." College of Law, University of Arizona (Tucson, AZ), 1986. http://hdl.handle.net/10150/612153.
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Marcus, Paul, and of the Dean College of Law University of Arizona Office. "Report to the President, 1986-1987." College of Law, University of Arizona (Tucson, AZ), 1987. http://hdl.handle.net/10150/612175.
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Massaro, Toni Marie, and of the Dean James E. Rogers College of Law Office. "In Brief, Summer 1999." James E. Rogers College of Law, University of Arizona (Tucson, AZ), 1999. http://hdl.handle.net/10150/612218.
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