ABSTRACT Online music distribution is a new phenomenon in Zimbabwe which artists, distributors and consumers are yet to fully adopt. The Internet has provided a platform for distribution but unfortunately, it has provided space for sharing music illegally and the distribution of counterfeits is on the increase. The Internet has also altered the traditional way in which music was distributed. Record labels are slowly becoming irrelevant and online music distribution is slowly taking course. Th...
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 ................................................................................
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 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 Namibia has acceded to various international and regional instruments that guarantee rights to personal liberty and the presumption of innocence which values have been incorporated in the Constitution. However, there is a discontent as to how this right to liberty and presumption of innocence are curtailed in the denial of bail based on public interest and administration of justice which terms are not defined in any act of parliament or the Namibian Constitution. The denial of person...
ABSTRACT The human society is dynamic, interrelated and ever growing and advancing in every ramification. The rule of the jungle where the fittest and the fiercest is in charge cannot be tolerated if there is going to be anything like civilisation. Yet human nature itself breeds oppression of the weak by the strong - while the evolution of the state itself has to do with protection of the weak from the oppressive tendencies of the strong. The quest for justice and protection brought the law a...
ABSTRACT This study addresses a number of pertinent issues concerning Traditional Cultural Expressions [TCEs], specifically in relation to what they are and the dilemma surrounding ownership vis-à-vis custodianship in an environment that is biased towards protection of Intellectual Property Rights. The present inadequate legal recognition and, ultimately, insufficient international recognition and protection of TCEs has orchestrated the misappropriation of such works for the benefit of the ...