ABSTRACT International criminal justice system thrives and survives on state cooperation. In order to end impunity and pursuant to the principles of individual criminal accountability and individual criminal responsibility, states are obliged to arrest and surrender suspects within their territories or in their custody or control in terms of Article 86 and 87 of the Rome statute. State cooperation with the ICC is peremptory, since it is the major weapon the court can use to bring the suspects...
ABSTRACT This study looks at the doctrine of constitutional avoidance as well as the doctrines of subsidiarity and ripeness and their application in constitutional litigation in Zimbabwe especially as they relate to the fundamental rights and freedoms set out in Chapter 4 of the Constitution. The purpose of this research is to assess whether their application is in accordance with the duty placed on all institutions at every level to respect, fulfil, promote and protect the rights and freedom...
Contents CHAPTER ONE: INTRODUCTION .................................................................................................................... 1 1.1 INTRODUCTION ................................................................................................................................... 1 1.2 BACKGROUND ..................................................................................................................................... 1 1.3 PROBLEM STATEMENT ......................
ABSTRACT The Constitution of the Republic of Zimbabwe has an equality and non-discrimination clause that prescribes non-discrimination and proscribes any disability based discrimination. Zimbabwe, as a party to the Convention on the Rights of Persons with Disabilities, is obligated to construct its equality clause in line with the standards set out therein as the clause acquires a special meaning in relation to persons with mental and intellectual disabilities. The denial of legal capacity to...
ABSTRACT The CISG is acclaimed world over for its success in unifying internationals sales law despite the compromises during its drafting. This thesis examines whether the compromises in the Article 92 and 96 reservations have affected the uniformity of the CISG and whether they are still relevant for the success of the Convention today. In conclusion it recommends that the declarations be withdrawn and the Convention be amended to allow for uniformity of the CISG.
ABSTRACT This dissertation sought to critically analyse the impact of the Constitution [Amendment no. 20] on the law regulating abortions in Zimbabwe, taking into account that the Constitution provides for the protection of reproductive rights and adopts the concept of Constitutionalism. The study brought to attention crisis that the prolife Abortion law conflicts with abortion practices in reality as there are high numbers of abortions being performed in society and this is an indication of ...
Contents APPROVAL FORM ................................................................................................................ i DECLARATION .....................................................................................................................ii DEDICATIONS ..................................................................................................................... iii ACKNOWLEDGMENTS ................................................................................
ABSTRACT In Zimbabwe, the question as to whether income derived by a taxpayer whilst pursuing illegal activities should be made subject to the Income Tax Act of Zimbabwe2 (hereinafter the Act), is a relatively uncharted area of the law. Compared to other jurisdictions like South Africa and the United States of America (hereinafter USA), which have been developing this area of the law through case law and scholarly writings, the subject has been dormant in Zimbabwe. This research will draw com...
Table of Contents DECLARATION .......................................................................................................................................... i APPROVAL FORM ................................................................................................................................... ii DEDICATION ............................................................................................................................................. iii ACKNOWLEDGEMENTS ......
TABLE OF CONTENTS TOPIC PAGE Approval Form 1 Declaration 2 Dedication 3 Acknowledgement 4 List of Abbreviations 5 Table of contents 6 CHAPTER ONE The general outline of the research 9 1.1 Introduction 9 1.2 Background to the study 10 1.3 Statement of the problem 12 1.4 Research Aims and Objectives 13 1.5 Literature Review 13 1.6 Assumptions 15 1.7 Research Methodology 16 1.8 Chapter Synopsis 16 CHAPTER TWO The arguments for and against the prohibition of sodomy and same sex marriages and the ...
Contents DECLARATION ................................................................................................................................................ i APPROVAL FORM .......................................................................................................................................... ii DEDICATION ................................................................................................................................................. iii ACKNOWLEDGEM...
Abstract This dissertation improves the procedures for resolving tax disputes in Namibia. There are procedural, legal and practical loopholes in the Namibian tax system which make it costly and difficult, if not impossible, for a taxpayer to be heard and to be guaranteed procedural propriety during the dispute resolution process. Due to the fact that the Namibian tax dispute resolution system does not have permanent courts and, in most instances, lacks a sufficient number of knowledgeable law...
Abstract This study examines the jurisdiction of community courts particularly with regard to membership of a traditional authority in respect of which a community court has been established, and the geographical area within which a community court has been established. The core of this study is the in depth analysis of the Traditional Authorities Act, 25 of 2000 and the Community Courts Act, 10 of 2003. The author contends that a community court would have jurisdiction to try members of a tr...
Abstract The purpose of the study was to critically assess drug offences (created by the Abuse of Dependence-producing Substances and Rehabilitation Centres Act, Act 41 of 1971) in Namibia. What the study set out to do was to determine if the current law dealing with drug offences was effective. The study primarily made use of qualitative, rather than a quantitative, research method. A documentary study was done by way of desktop review of relevant Namibian legislation, relevant academic publ...
Abstract The aim in this thesis is to find out and analyze the possible impact of Competition Act, 2003 (Act No.2 of 2003) on the promotion of investment in Namibia as per the provisions in the Foreign Investment Act, 1990 (Act No. 27 of 1990) as amended by Act No.24 of 1993. Furthermore, the objective of the Foreign Investment, 1990 (Act No.27 of 1990) as amended is effectively supported by other Acts in Namibia, namely the Arbitration Act No. 42 of 1965, Bank of Namibia Act No. 15 of 1997, ...