Research Papers/Topics in Law
Welfare Of Children And Disposal Of The Matrimonial Property Upon Divorce: A Legal Analysis
Table of ContentsCHAPTER 1 .......................................................................................................................................... 11.1 INTRODUCTION ....................................................................................................................... 11.2 BACKGROUND TO STUDY .................................................................................................... 11.3 STATEMENT OF PROBLEM ............................................
Interaction Between Islamic Law And Customary Law Of Succession Among The Yoruba People
ABSTRACT The issue of legal pluralism has been with Nigeria since the inception of British rule in the country in the middle of the 19th century. The 1979 Constitution merely affirms the existence of different systems of Courts. It will appear from Sections 226 242 and 247 of the Constitution that a great recognition is being given to both the Sharia (i.e. Islamic Low) and the Customary Law, but on the whole, the general law which, in the context of this thesis, md is the received En...
The Right To Fair Hearing And The Criminal Process In Nigeria: A Study Of The Lagos Metropolis
ABSTRACTA system of justice that offers the citizens irrespective of gender, place of origin, social standing and circumstances of birth equal access to justice and fair hearing in criminal cases is indispensable in a democratic dispensation. This is highly desirable in Nigeria, particularly after long years of military rule that disregarded human rights and due process, This thesis is concerned with the right to fair hearing and the criminal process in Nigeria, with Lagos Metropolis as...
An Assessment Of The Taxation Of Income Derived From Illegal Activities In Zimbabwe.
ABSTRACTIn 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 comp...
Improving The Procedures For Resolving Tax Disputes In Namibia: A Case Study On Taxpayers’ Right To A Fair Hearing Within A Reasonable Time
AbstractThis 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 lawy...
A Critical Assessment Of The Effectiveness Of The Legal Framework On Drug Offences In Namibia
AbstractThe 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 publi...
“Legal Framework in Namibia: An Analysis of the impact of Competition Act, 2003 (Act No.2 of 2003) on Investment Promotion in Namibia
AbstractThe 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, C...
The Reforming Of The Electricity Supply Industry: Competition And Regulation: An Analysis Of Esi Reforms In Namibia
ABSTRACTThis study enquires into the choices to be made when selecting and implementing a reform model for the electricity industry. It argues that the appropriate reform model depends on the circumstances in the considered jurisdiction. Especially in small and less developed electricity systems a dilemma may emerge: the technical circumstances suggest the implementation of a model with few competitive elements, whereas political circumstances urge for a competition-oriented model. Hence, esp...
Legal Impact Of Biofuel (Jatropha Curcas) Production On Communal Land In North-East Namibia
ABSTRACTHowever, research also revealed that, despite the fact that most traditional authorities regardother institutions as wearisome, they nevertheless seek assistance from these institutionswhen faced with conflicts involving external parties such as Jatropha companies.The research also focused on the socio-economic benefits that farmers stand to gain fromJatropha. This emanated from the fact that many researchers question the claimed benefits ofJatropha and believe that the current rush t...
Compensation In Murder Cases: Owambo Customary Law
TABLE OF CONTENTSAcknowledgement iTable of contents iiAbbreviations viiTable of cases viiiAbstract xCHAPTER ONE: INTRODUCTION1. Background to the study 11.1 General introduction 11.2 Definition of the problem 31.3 Objectives 61.4 Research methodology and approach 71.4.1 Qualitative Method 71.4.2 Preparation Stage 81.4.3 Selection of the Interviewees 101.4.4 The Interview Situation 111.4.5 Analysis of Results 121.5 Limitation and scope of the study 12iviii1.6 Limitation of the study 141.6.1 Ch...
The Reforming Of The Electricity Supply Industry: Competition And Regulation: An Analysis Of Esi Reforms In Namibia
ABSTRACT This study enquires into the choices to be made when selecting and implementing a reform model for the electricity industry. It argues that the appropriate reform model depends on the circumstances in the considered jurisdiction. Especially in small and less developed electricity systems a dilemma may emerge: the technical circumstances suggest the implementation of a model with few competitive elements, whereas political circumstances urge for a competit...
A Critical Analysis Of The New Labour Act Number 11 Of 2007 In Light Of The Law On Labour Brokerage
ABSTRACT Labour brokerage is a term used to describe the relationship that exists between labourers, known as contractors or hired employees and the labour brokerage organizations that employ the labourers. The company to which they provide labour is not their employer. The term therefore refers to the situation in which the labour broker provides clients to render services or perform work for the third party that contracts with the labour broker and in return, the third party rewards t...
3D-Printing: A new Challenge for Intellectual Property?
Table of ContentsChapter 1: Introduction .......................................................................................... 4Chapter 2: Copyright ............................................................................................... 9A. What is copyright and what does it protect? .............................................. 10B. Copyright and 3D-printing ........................................................................... 12I. The creation of the CAD ...................
An Investigation Into The Need For Consumer Protection In The Financial Sector In Namibia
ABSTRACT This thesis investigates the need to strengthen consumer protection in the financial sector in Namibia. The necessity to intensify consumer protection in the financial sector has been necessitated by numerous complaints by consumers against unfair and deceptive practices by financial institutions. Namibia currently does not have national comprehensive consumer protection legislation nor does it have a single legislation regulating the relationship between consumers and fin...
A Critical Examination Of Namibia's International Legal Obligations In Terms Of The United Nations Convention Against Corruption In Comparison With The French Legal System
Abstract Corruption is, like elsewhere in the world, a problem in Namibia. Various international, regional and sub-regional legal instruments have been ratified by Namibia which specifically deals with the problem of corruption, including the much-hailed United Nations Convention Against Corruption (UNCAC). The problem is that the incidence of corruption does not seem to decrease in the country despite several national complementary pieces of legislat...