Showing results of: dissertations
results found: 3849
the independence of the prosecutorial authority: a comparative study of zimbabwe, south africa, and namibia
Level: university
Type: dissertations
Subject: law
Author: lucie-annie chipo mungwari

In 2014 in the case of Telecel Zimbabwe(Private) Limited v Attorney-General of Zimbabwe the Prosecutor-General of Zimbabwe challenged the issuing of private prosecution certificates to private parties on the basis that they were unlawful and grossly irrational. The Prosecutor-General argued that private prosecutions would interfere with the authority and independence of the Prosecutor-General to prosecute criminal matters on behalf of the state. However, the establishment of an independent prosecuting authority is an important or special feature of the Zimbabwean Constitution.

the interplay of citizenship, nationality and statelessness: interrogating south africa’s legal framework in light of its international obligations
Level: university
Type: dissertations
Subject: law
Author: yeukai nyasha debra mahleza

This research examines the principle of belonging as a fundamental basis of existence as a human being. It seeks to show that non-recognition as a national of any country has led to many people being stateless and living with no form of identity or legal status. Being stateless means being invisible and is defined as not being considered as a national by any state under the operation of its law. In light of the above, this thesis critically analyses two jurisdictions, Kenya and Myanmar, with the aim of seeking better practices that South Africa can emulate. It contends that, while South Africa has an obligation to protect the rights of everyone, including those of stateless people, it fails to protect stateless persons as it does not legally recognise them. As a result, reliance is placed on different sources to argue that there is a need for the formation of a statelessness determination procedure to identify and recognise stateless people. If the identity of stateless and undocumented people is not legally recognised, it means that they will not have access to fundamental human rights. Most countries have laws that promote equality and non-discrimination, however, they lack laws that protect the stateless community. It is suggested that the lack of laws regulating statelessness and a statelessness determination procedure means that South Africa is non-compliant with international law that protects stateless people. In addition, this research suggests that South African law should be aligned with international instruments that call for protection of individuals from becoming stateless and also prevent the crisis from becoming worse.This flows from the understanding that with no law in South Africa that recognises and identifies stateless people, it means that it is impossible for a country to protect a community it does not recognise. Finally, the thesis recommends that South Africa enacts laws that recognise stateless people and make provision for the procedures to be followed in order for them to have a legal status. Furthermore, South Africa can amend and make changes in the policies, laws and the administration dealing with statelessness in order to prevent it.

the revisionary jurisdiction of the higher courts of botswana and england in the review of decisions of private bodies
Level: university
Type: dissertations
Subject: law
Author: bugalo maripe

Botswana has a peculiar legal system. It is a former British protectorate, yet the British never introduced their own laws into the country. Instead Botswana was made to apply the law of the Colony of the Cape of Good Hope. Notwithstanding this development, that law indirectly incorporated English law, and this made the applicable law a hybrid of English law and Roman-Dutch law. This simultaneous application of two legal systems still causes a few problems of ascertainment of the law, especially in administrative law, and in particular in the process of judicial review. Judicial review is generally recognised as a remedy against wrongful decisions of authorities or bodies that exercise public powers or functions. These are bodies that were described compendiously as public bodies. This excluded private bodies from the ambit of judicial review as they were said not to exercise public powers. This resulted in injustice in many circumstances. The scope of judicial review had to expand. This thesis sets out to establish how this expansion occurred. It is a survey of the law governing the process of judicial review of acts and decisions of private bodies. It does so in a comparative manner, by focusing principally on two jurisdictions, Botswana and England. It looks at the manner in which this extension came about and the principles that underpinned the expansion of the scope for review. This reviewability of decisions of private bodies is central to this thesis. The thesis establishes that in both jurisdictions there has been some extension of the process of judicial review to decisions of private bodies. However, in both jurisdictions there is evidence of some resistance to the expansion of the scope of judicial review. The position in both jurisdictions remains in a state of flux, requiring settlement by the highest courts.

rethinking land administration in the kwara state of nigeria: towards enhancing the right of access to land
Level: university
Type: dissertations
Subject: law
Author: yahaya jimoh

Fundamental reform of the current system of access to land in Nigeria is imperative to ensure a process of land administration that is simple, accessible and sufficiently comprehensive to redress the impact of colonisation on the land tenure system that operates at present. Focus must be placed on the local government as well as the respective state in Nigeria because all the powers to confer access to land by individuals are concentrated in their hands. The Land Use Act of 1978 held the promise of bringing the much-needed reform. However, the status quo remains that the acquisition of a right of occupancy and a customary right of occupancy are the only title that is able to be held over land in Nigeria. This system has also been fraught with abuse, which is an issue that the Nigerian judiciary have repeatedly had to pronounce on. In this thesis, the historical evolution of registration of title to land and the effect of non-registration open up a new chapter in the quest for proper administration and access to land in the entire country. The entire system is held hostage by the requirement of obtaining consent from the Governor and the further impact of the family or village head serving as the trustee of the land, thus obstructing transactions on land involving transfer of interest in such land. Unfortunately, this results in economic prejudice to individuals and the country alike. For this reason, implementable solutions and recommendations as to how land reform could be enhanced in Nigeria are advanced.

an evaluation of the strengths and weaknesses of south africa’s corporate rescue regime as a potential benchmark for uganda
Level: university
Type: dissertations
Subject: law
Author: waiswa abudu sallam

This thesis evaluates the strengths and weaknesses of the legal framework on corporate rescue in South Africa and Uganda. Although corporate rescue was initially not one of the objectives of insolvency law, it has now become the focus of modern insolvency law. South Africa became the first country to recognise the need to create a legal framework for rehabilitating financially distressed companies when it incorporated judicial management in the Companies Act of 1926. Judicial management was, however, not successful as a corporate rescue procedure. The South African policy makers however continued to explore ways through which financially distressed but viable companies could be saved from collapsing. This culminated into the introduction of business rescue in Chapter 6 of the Companies Act 71 of 2008. The study presents a detailed analysis of the strengths and weaknesses of the South African business rescue framework. It posits that unlike the Ugandan system, the South Africa legal regime reflects the principles of a modern and effective corporate rescue system. Whereas the government of Uganda attempted to embrace corporate rescue through the introduction of administration in the Insolvency Act 2011, the law is devoid of the internationally recognised features of a modern and effective business rescue framework. Administration has remained a white elephant in Uganda’s insolvency system, with liquidation continuing to be the predominant procedure used by both creditors and financially distressed companies. It is recommended that Uganda’s policy makers should benchmark the South African system to reform Uganda’s corporate rescue framework. This thesis is based on the law as at 31st of May 2022, found in the sources available in South Africa and Uganda.

cybercrime and its impact on extraditions in the republic of south africa
Level: university
Type: dissertations
Subject: laws
Author: pravina harichander rughoonandan

This study explores several South African cyber laws by comparing them to international precepts of the UK and the US, and determines how they impact on extraditions. The extradition process is largely governed by the dual criminality principle and compliance with the international obligations before a person can be extradited, irrespective of the existence of a treaty. South Africa has acceded to some conventions, but not with others, which decelerates the process of achieving global harmonisation in e-crime. The constant evolvement and capricious nature of cyber infractions may impede the securing of critical data expeditiously due to lack of adroitness and proficiency in law enforcement agencies. The Cybercrimes Bill recently signed into law, on 26 May 202, has been hailed, but criticism renders the pragmatic effect disappointing in the curtailment of online freedom and the perilous criminalisation of false communication. Online crime scenes are not territorially bound and control over cyberspace may be problematic in the absence of global harnessing of cybercrime for an extradition to be workable.

commercial banks and women empowerment in uganda; a case of rukungiri municipality
Level: university
Type: dissertations
Subject: economic policy and planning
Author: turyasingura timothy

Empowerment of women is important as it enables establish more stable societies, as women participate in economic activity and the development process. Commercial banks play an important role in empowerment by encouraging savings and enabling access to credit. The present paper assesses the role of commercial banks in women empowerment. Primary data was collected from Rukungiri District in Western Uganda. The indicators used for empowerment are earnings per month, having bought something worth UGX 100,000 and leadership status. The findings show that having an active commercial bank account and having a commercial bank loan is positively associated with higher average earnings per month, Having an active commercial bank account is positively associated with the respondent’s status of having bought something worth UGX 100,000 and Having an active commercial bank account is positively related to being a leader.

determinants of export volumes of uganda‟s coffee, 1991-2007.
Level: university
Type: dissertations
Subject: arts in economics
Author: byanyima faustino byanyima

The study set out to investigate the determinants of export volumes of Uganda‟s coffee in an export supply framework. The hypotheses tested were that; an appreciation of real exchange rate and an increase in real interest rate reduce coffee export volume and an increase in international coffee prices, gross domestic product, and gross capital formation increase coffee export volume. The study applied cointegration technique and error correction modeling to Ugandan quarterly data starting from 1991:1 to 2007:4. The results indicate the existence of long-run relationships. The econometric results show that the real effective exchange rate is negatively correlated with coffee export volumes with elasticity of -2.164. The international coffee price has a positive and statistically significant effect on coffee export volumes with price elasticity of 0.789. However, real interest rate, gross domestic product and gross capital formation have statistically insignificant effects in the short-run. From the results, it is concluded that an increase in international coffee price and gross domestic product increase coffee export volumes while real effective exchange rate depreciation and increase in real interest rate reduce the coffee export volumes. The study recommends the establishment of agreements with international coffee buyers to increase prices, prevent exchange rate depreciation, expansion in gross domestic product and reduction in interest rate on loans to producers and exporters thereby encouraging coffee production and increase in coffee exports.

the efficacy of local council courts in the administration of justice: a case study of nansana municipality - wakiso district
Level: university
Type: dissertations
Subject: law
Author: lillian natukunda

This research assessed the “Efficacy of Local Council Courts in Administration of Justice; A Case Study of Nansana Municipality - Wakiso District”. In Uganda the Local Council Courts were established to bring justice closer to the people. In 2006 the Local Council Courts Act was enacted to define the jurisdictional powers and procedures for the established Courts and to provide for other related matters. In 2007 the Local Councils Courts (Regulations) were issued to operationalize the Local Councils Courts in their functions. The LCC elections in Uganda were last held was in 1996 and the office bearers were legally in office until the expiration of their term in 2001. From 2001 and the inception of the LCCA in 2006, no elections of LCCs were conducted up to 2018, therefore in absence of the elected leaders; the experiences, challenges, and people's perception in these LCCs is not very clear. Due to time constraints and resources this research was conducted in Nansana Municipality a town in the Central Region of Uganda, located in the Wakiso District with a rich topography of both urban and rural setting and densely populated. Using mixed methods of research, the study findings were that LCCs are cost effective, accessible and flexible, speedy delivery of judgments and that they promote mediation and reconciliation. It was also established in the findings that the disputes handled by the LCCs among others include land wrangles, rent defaulters, family issues, enforcement of contracts, assaults and petty thefts and some criminal cases involving children such as actual bodily harm, criminal trespass and malicious damage to property. The research findings further revealed that access to justice in the LCCs was faced by a number of challenges such as lack of funding which exposed them to corruption and acceptance of gifts and facilitation that erode their impartiality, lack of stationary such as pens and papers to do the work, charging of exorbitant fees among others. The research suggested some recommendations to address the faced challenges such as; sensitizing the general public and members of the courts the court fees payable for the various subject matters; through displayed the fees payable on the court notice board, doors/premises, judiciary website and issuance of brochures on the same to the general public, ensuring empowerment through training, capacity building and massive sensitization of the office bearers in the LCCs structures, ensuring revision and simplification by translation into local languages of existing legislation and laws on the LCCs and their mandates so as to equip both the populace and the members of these courts with knowledge on the same and to curb the problem of lack of awareness of the provisions of the law and procedures and increasing the budget for LCCs to ensure fulfillment of their mandate and to curb bribery and corruption and lack of stationary in these courts among others.

farmer factors affecting the use and perfomance of artificial insemination among selected dairy farms in and around kigarama sub-county, sheema district, western uganda
Level: university
Type: dissertations
Subject: veterinary medicine
Author: james ahisibwe

A cross sectional study was conducted in Kigarama sub county Sheema district, Western Uganda to determine farmer factors affecting the use and performance of AI among dairy farms. It mainly focused on the area extension workers, AI technicians and the dairy farmers. A total of 50 farms were selected using both the sampling method and the criterion of the farm producing at least 5 litres per day. On the other, all extension workers were selected and included 2 AI technicians and 2 veterinary officers. The study was to profile the current performance of AI using conception rate alongside the associated factors and to determine the constraints faced by dairy farmers. AI use was found to be 26% and it was associated with age of a farmer, availability and use of extension services and cattle ownership (P<0.05). However, there was no relationship between use of AI with breed of the animal, education of the farmer, occupation and period of keeping animals (experience) (P>0.05). The performance of AI was at 2 SC-1 due to mainly the farmer’s ability to detect heat early, time of insemination and finally quality of AI service and semen used. A great number of farmers admitted knowing that borrowed bulls may bring in diseases to the farm but continued with the practice. It was also noted that AI technicians lacked current techniques, as they had never been retrained.

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