Theses and Dissertations (Centre for Human Rights)

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The second wave of criminalising homosexuality in Kenya, Nigeria, and Uganda
Osogo, Ambani J. (University of Pretoria, 2016-10)
This thesis is a critical evaluation of the second wave of criminalising homosexuality in Kenya, Nigeria, and Uganda against the backdrop of the Separability thesis, secularism, and international human rights law. During the second wave of criminalising homosexuality in the aforementioned countries, attempts have been made to expand the scope of anti-homosexuality offences and prescribe harsher penal sanctions for the offences. The new wave is sufficiently methodical to ensure not only the proscription of homosexual acts but also the curtailment of crucial entitlements like the rights to life, equality, free speech, association, and assembly, access to healthcare, housing, property, employment, privacy, human dignity, and family. To support these stern measures, Kenya, Nigeria, and Uganda have made four main arguments: a) the ‘cultural thesis’, which argues that homosexuality is unAfrican and foreign; b) the ‘morality thesis’, which posits that homosexuality is immoral, unnatural and abominable; c) the ‘religious thesis’, which contends that homosexuality contradicts the teachings of both the traditional African religion and the ‘received’ faiths - Christianity and Islam; and d) the ‘rights-based thesis’, which maintains, first, that homosexuals demand more rights than are enjoyed by their heterosexual counterparts, and, second, that the kind of entitlements championed by the pro-homosexuality movement are not covered by the existing human rights frameworks. This thesis evaluates all these arguments. The thesis further contributes to the body of knowledge by studying the history of regulating homosexuality in Africa with the view to discovering whether homosexuality is African or alien and tracing the crime of homosexuality to its cradle, the United Kingdom, with a view to analysing its original character and rationale(s).
The role of national courts in the arbitration process
Rantsane, Ditaba (University of Pretoria, 2016-10)
The thesis entitled “The Role of National Courts in the Arbitration process” notes with concern the outdated and inadequate nature of the Arbitration law currently applied in South Africa. The fact that the Act was enacted in 1965 and has never been amended highlights the desperate need to review the prevailing arbitration law with a view to aligning it with the current needs of the business world. It raises three primary research questions in this context. First, does arbitration law in South Africa offer the benefits that were envisaged when arbitration was first developed as an alternative dispute resolution mechanism? Second, does the manner in which arbitration law is practiced in South Africa offer adequate protection to consumers who are vulnerable due to the inequality of bargaining power between themselves and large corporations? Third, is the current practice of arbitration in South Africa constitutional, particularly because of its potential limitation of the constitutional right of the parties to access the court? The thesis attempts to answer these questions and offer recommendations for the South African Law Reform Commission (SALRC) within the specific context of commercial arbitration. In addressing these research questions, the thesis incorporates a brief overview followed by a detailed discussion of the Arbitration law framework in South Africa and abroad. The discussion of arbitration abroad is done in order to identify best practices which could be adapted to suit the South African environment. The International Arbitration law receives attention and a few observations regarding how selected foreign jurisdictions treat arbitration is also included. Finally, the thesis explores the possibility of establishing an independent institution that will be fully equipped to handle arbitration proceedings from inception to completion.
Realising the right of access to basic education in Nigeria : beyond the rhetoric
Onuora-Oguno, Azubike (University of Pretoria, 2015)
he state of access to basic education in Nigeria has been abysmal and worrisome in recent times. Close to 10 million children are said to be out of school in Nigeria out of the over 50 million of the world’s out of school children. Several factors contribute to these non-encouraging statistics. Increasing attacks on children in school areas and the apparent rejection of the style of education make the situation of basic education in Nigeria pathetic. Despite the gloom, successive governments in Nigeria all claim to be making a substantial input into reversing the state of basic education, with all efforts appearing to be mere rhetoric. On this basis, the thesis advances the recognition of basic education as a fundamental right in Nigeria as a necessary shift from the present situation of its recognition as a mere directive objective of state principle. It examines the role that national and international laws can play in aiding the enhancement of access to quality basic education. In addition, it examines both legal and non-legal institutions that are able to assist in the quest for enhancing access to basic education. To achieve this, the thesis traces the history and philosophy of education, generally, and particularly in Nigeria. It examines the development of both law and policy from the pre-colonial, colonial and post-colonial eras. Besides the challenges of policy and law, cultural, ethical and corruption pitfalls are identified and discussed as major inhibitors of access to basic education. The thesis further analyses the budgetary challenges and argues for enhanced funding of the education sector, with the attendant political will to curb corruption. The thesis is grounded in the triad of theories, namely, the classical, deliberative and struggle theories, to advance the need for the fundamental nature of basic education and the need to keep the discourse within the judicial sphere. The theories are further grounded on the assumption, among others, that the court and strengthened institutions can aid the realisation of access to basic education. Furthermore, the thesis looks, beyond the horizon of Nigeria particularly to South Africa and India, with the aim of identifying how the judiciary and national human rights commissions have approached the issue of basic education. In discussing basic education, vulnerable groups, such as the girl child and physically-challenged child, are also examined. In conclusion, the thesis found that the law is a valid tool in the quest for eliminating challenges that have kept access to basic education in Nigeria mere rhetoric. It therefore recommends that there is a need to review the legal framework of institutions such as the Universal Basic Education Commission, the Teachers’ Registration Council of Nigeria, the National Human Rights Commission of Nigeria and the judiciary, among several other institutions. It encourages further co-operation and synergy among institutions, particularly between non-governmental organisations, represented by the Nigerian Bar Association.
Utilizing the WTO-TRIPS flexibilities on public health at a regional level : a critical review of the East African Community framework
Wabwire, Joshua (University of Pretoria, 2014-05)
The East African Community (EAC) states recently adopted a policy on utilising the WTO-TRIPS flexibilities on public health. The policy spells out a number of flexibilities and the minimum standards thereof to be enacted in domestic legislation. This study critically reviews this policy. In doing this, the study notes that the EAC member states, like most developing states, have very low per capita income levels. The people are too poor to afford expensive medicines. At the same time, these countries are faced with peculiar, region-specific diseases, the so-called ‘African diseases.’ Already, these diseases have been neglected by foreign pharmaceuticals reluctant to invest in developing medicines for poor markets. There are no established pharmaceuticals in the EAC states. It is against this background that this research makes an argument against the aforementioned policy. It will be demonstrated that the policy is biased towards ensuring access to medicines through price-reduction, at the expense of patent protection. This approach is inappropriate because: first, given the absence of market incentives to invest in developing medicines for African diseases, the policy will only worsen the already bad situation since it undermines the strongest alternative incentive (patent protection); and second, such a policy will not only discourage foreign pharmaceuticals further but also suppress domestic pharmaceutical activity, which is undoubtedly necessary in view of the growing neglect of African diseases by foreign pharmaceuticals.
Shifting from Eurocentrism to Afrocentrism : reimagining the curriculum and pedagogy of human rights education at selected law faculties in Commonwealth Africa
Gbam, Janet Uosu (University of Pretoria, 2025)
This thesis argues that the human rights education curriculum and pedagogy in law faculties of Commonwealth African tertiary institutions should be reimagined to reflect Afrocentric principles that meet the realities of people in their various contexts. This reimagining departs from the status quo, which is heavily Western in orientation, in keeping with the Eurocentric legacies of colonialism and imperialism. Eurocentrism denigrates paradigms that are non-European as inferior, uninformed, and unworthy of any standard application. By tracing the history of pre-colonial education, colonialism, imperialism and human rights education in Commonwealth Africa, the thesis contends that almost every aspect of African life, including education, has been determined by the overwhelming influence of Eurocentric colonial paradigms. The thesis argues for a shift from using non-African paradigms to framing Afrocentric pedagogies in African human rights education systems. To explore the subject and provide recommendations for contextual relevance, the thesis focuses on the nature and content, aims and pedagogical tools, stakeholders, and theoretical framing of the curriculum and pedagogy of human rights education in twelve universities teaching law and some aspects of human rights law in Commonwealth Africa: the University of Pretoria, South Africa; University of Botswana; Makerere University, Kampala, Uganda; University of Buea, Cameroon; University of Lagos, Nigeria; University of Ghana; University of Nairobi, Kenya; University of Namibia; University of Makeni, Sierra Leone; National University of Lesotho; University of Mauritius; and University of Dar es Salaam, Tanzania. Eurocentrism manifests as an overreliance on historical, literary, and general perspectives from the West, the use of language, pedagogical and assessment processes that do not encourage critical thinking. Thus, by superimposing the English language, prioritising Eurocentrism and methodologies as the primary language of instruction and assessment, the superiority of Western standards is reinforced, undermining the relevance of other ideas and alternative standards. Another feature identified includes the lack of emphasis on experiential learning rather than an overreliance on theoretical methods, which limit the ability of students to interact with and contribute to real and actual human rights issues in their communities. The curricula of the twelve universities are investigated, and the findings show a reliance on content and methods rooted in Eurocentric sources often at the detriment of African sources and perspectives; including the philosophical underpinnings of the African regional human rights system and the national frameworks. The thesis also highlights the unique features, testing the extent to which curricula and pedagogies reflect Eurocentric ideologies, and suggesting Afrocentrism as a framework for reimagining the curriculum for African law faculties. The findings showed that while most universities had some aspect of human rights content in the curriculum, the curricula lacked comprehensiveness, particularly in historical and theoretical framing, neither was it multidisciplinary in approach and pedagogy and placed limited emphasis on experiential learning, highlighting the need for more practical approaches to learning to better equip learners in advocating for human rights. The thesis further highlights the features of an Afrocentric curriculum and pedagogy for human rights education as contextual, theoretically relevant, multicultural, multidisciplinary, and continuously evolving with emerging issues. It recommends recontextualising the curriculum and proposes practical ways that various stakeholders, including academia, civil society, the African human rights regional bodies, and especially students, can adopt in reimagining human rights education in law faculties in African universities. Ultimately, the thesis promotes Afrocentrism and advocates reimagining human rights education from its present Eurocentric outlook. The thesis concludes with a sample curriculum that serves as a guide for universities looking to strengthen existing or adopt a new curriculum on human rights education in their institutions. KEYWORDS: Human Rights Education, Eurocentrism, Afrocentrism, reimagining, Commonwealth Africa, law faculties, curriculum, pedagogy
The contribution of legal frameworks on access to information to socio-economic progress in Africa : case studies of Nigeria, South Africa and Uganda
Shyllon, Ololade Olakitan (University of Pretoria, 2016-09)
The wanting state of socio-economic development in Africa is well documented. The regrettable paradox is that, with the abundance of natural resources in the form of mineral deposits, arable land and human resources, most African States are well placed to ensure a the standard of living necessary for a dignified life for its people. However, corruption, bad governance, lack of transparency and accountability continue to deprive most on the continent of their basic socio-economic needs. Although not explicitly provided as a right in any of the international human rights instruments, access to information has come to be recognised internationally as a right, separate and distinct from the right of freedom of expression from which it originates. As a result, African States are increasingly adopting legal frameworks to give effect to this right within their domestic legal systems. This thesis adopts a descriptive, analytical and qualitative case study approach in demonstrating the utility of the constitutional, legislative and alternative generic frameworks on access to information in contributing to socio-economic progress. Using Nigeria, South Africa and Uganda as case studies, empirical evidence is provided of the enabling role of access to information in improving socio-economic progress in Africa. Despite the general historical deficiencies in their development and implementation in Africa, the combination of constitutional provisions and specific legislation on access to information, provide the best domestic legal framework for the effective domestic implementation of the right of access to information. Furthermore, beyond successful reliance on these legal frameworks, socio-economic progress can only be attained with the strategic use of information so acquired. However, given that majority of African States have neither of these frameworks, the use of alternative legal frameworks such as those on public procurement, environmental impact assessment and anti-corruption should continuously be explored and exploited as viable alternatives. To achieve more widespread and impactful contribution of access to information on socio-economic progress in Africa, this thesis recommends not only increased efforts towards the adoption and effective implementation of all three layers of legal frameworks but also calls for reinvigorated civil society efforts focusing on strategic advocacy, litigation, capacity building and collaboration.
Bridging the gap in individual access to the African Court : the role of the African Commission
Kaunda, John (University of Pretoria, 2025)
This mini-dissertation explores how the African Commission on Human and Peoples’ Rights can effectively bridge the growing gap in individual access to the African Court on Human and Peoples’ Rights. The Court was established to complement the protective mandate of the African Commission and provide binding judicial remedies for human rights violations, yet most Africans remain unable to access it directly because their governments have not deposited the optional declaration under Article 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment on an African Court. The research adopts a qualitative doctrinal methodology which analyses legal instruments such as the African Charter, the Protocol, the 2010 and 2020 Rules of Procedures of the African Commission and African Court, alongside relevant case law and scholarly literature. The findings reveal that while Article 5(1)(a) of the Court Protocol empowers the Commission to refer cases to the Court on behalf of victims, this mechanism has been severely underutilized, with only three case referrals to date. The study further finds that the replacement of Rule 118 (2010) with Rule 130 (2020) of the Commission’s Rules of Procedure has narrowed the scope for referrals, restricting them to the pre-admissibility phase and thereby weakening the principle of complementarity that underpins the African human rights system. A comparative analysis with the Inter-American system demonstrates that strategic and structured referrals can significantly enhance access to justice and institutional synergy The study concludes that revitalizing the Commission’s referral function through clearer procedural guidelines, enhanced institutional capacity, and renewed political will is essential to preserve the African Court’s existence amid declining state acceptance of individual access. Strengthening this mechanism will ensure that the African human rights system remains genuinely accessible to all Africans and that the promise of justice enshrined in the African Charter is effectively realized.
Protection of socioeconomic rights of internally displaced persons in Somalia
Yusuf, Abdikarin Said (University of Pretoria, 2025-10-08)
Internal displacement in Somalia is one of the most enduring and intricate humanitarian crises worldwide, driven by decades of armed war, clan-based violence, governmental instability, and recurrent climate-related calamities. As a result, over 4.1 million individuals, predominantly women and children, continue to be internally displaced, enduring persistent infringements of their socioeconomic rights. The rights to appropriate housing and decent education are significantly compromised due to forceful evictions, precarious land tenure, congested informal settlements, and restricted access to educational facilities. Despite Somalia's ratification of essential international and regional human rights agreements, such as the ICESCR, the African Charter, and the Kampala Convention, and its provision of basic social benefits in its 2012 Provisional Constitution, implementation has been inadequate. This study used a doctrinal research methodology to examine Somalia's legal and policy framework for the protection of internally displaced persons (IDPs), assess its compliance with international obligations, and compare it with Kenya's IDP law and policy implementation. Research indicates that although advancements have been achieved in establishing normative and institutional frameworks, significant deficiencies persist in enforcement, coordination, monitoring, and service provision. The study indicates that Somalia urgently requires enhanced legislative enforcement, sustainable solutions, and integrated governance mechanisms to fulfil the right to housing and education for IDPs. Proposed actions include fortifying the legal framework to safeguard land rights and avert forced evictions, broadening educational access, augmenting institutional capacity, and incorporating exemplary practices from Kenya to enhance policy implementation. Implementing these measures is crucial to protecting the dignity, equality, and sustainable living conditions of Somalia's internally IDPs.
Reconceptualising the regulatory regime for factoring in Tanzania in support of small and medium enterprises
Mahona, Methuselah Pascal (University of Pretoria, 2025-10-01)
This study investigated the reconceptualisation of the regulatory regime for factoring in Tanzania to enhance access to finance for Small and Medium Enterprises (SMEs), which constitute over ninety per cent of all businesses in the country and contribute significantly to the national GDP, accounting for more than thirty per cent. Despite their significance, they face substantial financing challenges, with only twenty per cent of SMEs having access to formal financial services from traditional banks. Factoring, a trade financing option that enables businesses to sell their accounts receivable for immediate cash, provides a viable solution to these restraints by improving cash flow and offering an alternative to conventional bank loans. This research identified the absence of a dedicated factoring law, reliance on fragmented and inadequate general laws, such as the Banking and Financial Institutions Act (Cap 342 RE 2023), and infrastructural deficits, including the lack of an electronic registry, as key barriers limiting the adoption and development of the factoring industry in Tanzania. Employing a qualitative methodology that incorporates document analysis and a comparative case study of Egypt’s robust factoring framework, the study drew on the UNIDROIT Model Law on Factoring, 2024 and the Afreximbank Model Law on Factoring, 2016, to propose a comprehensive regulatory framework. Findings revealed that factoring could address SMEs’ financial constraints by providing collateral-free, immediate liquidity, but regulatory ambiguities, high taxes, and bank-centric oversight hinder its potential. Recommendations included enacting a dedicated Factoring Act to define factoring services, encompassing modern elements such as the assignment or licensing of intellectual property, overriding anti-assignment clauses, establishing a blockchain-secured registry, and introducing tax incentives, including VAT exemptions. A proportionate licensing regime, as proposed by the Bank of Tanzania, and awareness campaigns targeting SMEs were also proposed to align with Tanzania’s Development Vision 2050 and bridge the estimated US$1.3 billion SME financing gap, thereby fostering economic growth and regional trade integration, particularly through the AfCFTA.
A human rights-based approach to overfishing in West Africa : comparative study of Guinea-Bissau and the Gambia
Yisa, Josephine B. (University of Pretoria, 2025-10-01)
This research focuses on the impacts of overfishing on human rights in Guinea-Bissau and The Gambia. The core finding is that despite extensive national and international legal frameworks, weak enforcement, detrimental international fishing agreements, and a prioritisation of perceived economic gains over human welfare have led to overfishing, which in turn causes significant violations of the economic, social, and cultural rights of local populations. The fisheries sectors in both nations are critical, employing over 250,000 people in Guinea-Bissau and 300,000 in The Gambia and forming a cornerstone of national food security, livelihoods, and cultural identity. However, these resources are threatened by the unsustainable practices of foreign industrial fleets and a failure of state regulatory bodies to protect them. This situation is analyzed through a neo-colonial framework, highlighting power imbalances where West African nations often act as ‘policy takers’ in agreements with stronger economic powers like the EU and China. A comparative legal analysis reveals that while The Gambia’s current fisheries laws demonstrate a higher normative compliance rate with the FAO's Code of Conduct for Responsible Fisheries (100% for the Fisheries Act 2007) than Guinea-Bissau's (92% for the Decree-Law no. 10/2011), both states suffer from significant implementation and enforcement gaps. Overfishing directly infringes upon the rights to work, health, food, education, culture, and a satisfactory environment. Local artisanal fishers are unable to compete with industrial trawlers, fish stocks are dwindling, food insecurity and malnutrition are rising, and unique cultural practices tied to marine life are being eroded. The primary recommendations call for both states to adopt a human rights-centred approach in their fisheries management. This includes revising and rigorously enforcing national laws, ratifying key international agreements like the UN Fish Stocks Agreement, strengthening regional cooperation, and investing in nation-building to reduce dependency on inequitable foreign fishing agreements.
The duty to facilitate humanitarian relief cccess in Sudan
Aman, Saria (University of Pretoria, 2025-09)
The war between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) since April 2023 has generated one of the world’s worst humanitarian emergencies, marked by mass displacement, famine-level hunger, and systematic obstruction of aid. This mini dissertation examines the duty to facilitate humanitarian relief access under international and African regional law, assessing the relevance of the Geneva Conventions, Additional Protocol II, customary IHL (including Rule 55), UN resolutions, and the Rome Statute’s criminalisation of starvation. It further analyses regional instruments such as the Kampala Convention, the OAU Refugee Convention, the African Charter, and the African Union Peace and Security Council practice, alongside the obligations of non-state armed groups. The study also highlights how foreign actors, including the UAE, Egypt, Chad, Russia, and Kenya, exacerbate access constraints. It concludes with recommendations to strengthen enforcement, negotiate humanitarian corridors, support community-led mechanisms, and regulate external intervention to improve humanitarian access in Sudan.
Ethical use of open source intelligence in prosecuting child soldiers
Metzer, Kate Ashley (University of Pretoria, 2025-09-27)
International criminal justice has long faced the complex issue of the prosecution of crimes involving the recruitment of child soldiers. While the International Criminal Court (ICC) heavily relies on in-person testimony of former child soldiers, several risks arise from this practice. Some of these risks include psychological and security risks, including re-traumatisation, threats of retaliation, and significant evidentiary challenges. Open-source intelligence (OSINT) has revolutionised human rights investigations by enabling the remote documentation of violations through publicly available digital materials. Despite the increasing use in ICC proceedings, there is currently no child-specific framework that guides the application of OSINT in cases involving child soldiers. This mini dissertation examines how OSINT can be used ethically when integrated into ICC investigations and prosecutions to safeguard the child soldiers’ rights. The dissertation first analyses the normative and procedural frameworks governing child soldier testimony, highlighting both the practical and ethical dilemmas faced by the Court. It then evaluates the human rights risks and benefits associated with OSINT, including concerns related to privacy, consent, data protection, and the potential for digital exposure and re-traumatisation. Through the case study of ICC jurisprudence, from Lubanga to Ongwen, the dissertation identifies emerging trends in the use of digital evidence. The study concludes by proposing a set of best practices, recommendations for an ethically grounded, child-sensitive OSINT framework capable of strengthening accountability while also upholding the rights of child soldiers.
Examining South Africa’s legal framework for the protection of children in informal kinship care
Ntshele, Mondekazi (University of Pretoria, 2025-10-13)
The importance of informal kinship care in South Africa cannot be overstated, given the socio-economic challenges and historical disruptions that have affected family structures. This prevalent practice, rooted in cultural traditions, involves children being raised by extended family members. Despite its significance, this form of care faces substantial barriers that hinder the full realisation of the rights of children. Although children in informal kinship care are entitled to basic services like education and healthcare, this access is often restricted due to legal and administrative challenges, such as the lack of legal recognition for caregivers. This research critically examines the South African legal framework, particularly the Constitution of South Africa and the Children's Act , to assess its adequacy in supporting children in informal kinship care. It highlights key gaps in the system, such as the exclusion of informal caregivers from state resources and support, which directly impacts children’s access to essential services. Drawing from international frameworks like the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), this study explores the need for South Africa to align its policies with international best practices. The study also examines the experiences of informal caregivers and children in South Africa, shedding light on the critical role of extended families in child protection. Comparative lessons from countries like Sweden and Kenya, which have integrated informal kinship care into their child protection frameworks, are presented to offer actionable recommendations for South Africa. The findings suggest that South Africa needs comprehensive reforms to legally recognise informal kinship care, simplify guardianship processes, and enhance the support systems available to informal caregivers. Implementing these reforms, South Africa can better ensure that children in informal kinship care can access their fundamental rights to healthcare, education, and social protection.
The Legal Barriers to Foreign Direct Investment in South Sudan's Oil and Gas Sector/ Industries
Chuang, Ngor Daniel; Machar, Ngor Daniel (University of Pretoria, 2025-12-30)
Foreign direct investment (FDI) is critical for developing countries seeking to exploit natural resources and stimulate economic growth, yet legal and institutional barriers often hinder its effective attraction and management. This study examines the legal barriers to FDI in South Sudan’s oil and gas sector, with particular attention to fragmented legislation, regulatory uncertainty, and institutional weaknesses that undermine investor confidence. Lessons are drawn from comparative experiences in Nigeria and Angola, where the adoption of coherent legal frameworks and investment protocols facilitated a more predictable investment environment. The research analyses regional and international instruments, including the African Investment Protocol, the ICSID Convention, and other relevant treaties, to assess how they shape South Sudan’s investment landscape and the protection of investor rights. Using a doctorial approach, the study examines statutes, case law, treaties, and conventions, complemented by secondary sources such as journal articles, reports, and policy analyses.Findings reveal that South Sudan’s oil and gas sector is constrained by overlapping laws, weak regulatory enforcement, and a lack of clarity in legal provisions regarding investment protection and dispute resolution. Comparative insights underscore the importance of consolidating fragmented laws, strengthening institutional capacity, and aligning domestic legislation with international best practices to attract and safeguard FDI. The study concludes that legal reforms, guided by lessons from Nigeria and Angola, and informed by international investment frameworks, are essential to provide legal certainty, enhance investor confidence, and promote sustainable development in South Sudan’s oil and gas industry.
The impact of customary courts on women's access to justice in South Sudan
Werson, Dorcas (University of Pretoria, 2025-10-14)
This study examines the impact of customary courts on women’s access to justice in South Sudan, highlighting the tension between accessibility and gender-based discrimination. While these courts offer familiar and geographically accessible avenues for justice, their structures and practices often limit women’s substantive and procedural rights. The study evaluates whether customary courts align with South Sudan’s constitutional, regional, and international obligations, including the Transitional Constitution, the Local Government Act, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the Maputo Protocol. It addresses the central research question: to what extent have customary courts negatively affected women’s access to justice? Employing a desktop-based methodology, the study draws on primary sources, relevant legislation, and international instruments, alongside secondary literature, reports, and jurisprudence, to examine the legal and socio-cultural dynamics shaping women’s experiences. Lessons from Ghana’s reform of its customary system are incorporated to provide comparative insights for South Sudan. Findings indicate that, although customary courts are the most accessible avenue for many South Sudanese women, patriarchal norms dominate their procedures and decisions, prioritising communal harmony over individual rights. Practices such as enforcing bride price return in divorce, denying women inheritance rights, and granting child custody primarily to fathers systematically disadvantage women. These outcomes contravene constitutional equality guarantees and South Sudan’s obligations under CEDAW and the Maputo Protocol. The absence of oversight, standardised procedures, and women’s representation further entrenches inequality, compounded by limited awareness of human rights norms among women and customary authorities. The study concludes that while customary courts enhance physical and cultural accessibility, they fail to provide gender sensitive and impartial justice. The study recommends comprehensive reforms, including harmonising customary practices with human rights standards, implementing mandatory human rights and gender-sensitivity training for chiefs, ensuring women’s participation in customary adjudication, and establishing oversight mechanisms such as a Customary Court Monitoring Department. Lessons from Ghana demonstrate that meaningful reform is achievable when customary law is integrated into constitutional frameworks and subjected to human rights review. Ultimately, this study contributes to discourse on gender and justice in post-conflict societies, emphasising that true access to justice is measured not only by proximity to courts but also by the fairness, dignity, and equality of the outcomes they produce.
A human rights analysis of the education of children with visual impairments in The Gambia-Lessons from Kenya
Jatta, Solomon (University of Pretoria, 2025-09-30)
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Strengthening the scope for mineral beneficiation in Malawi's mining framework
Ng'ambi, Nasubila, N (University of Pretoria, 2025-11-26)
This study examines how Malawi’s mining framework can be strengthened to foster mineral beneficiation which translates into economic growth and export diversification. Malawi is an emerging mining jurisdiction which has attracted significant international interest due to the presence of critical raw materials. This research examines the Malawian mining framework to determine whether it provides scope for mineral beneficiation. The research proceeds to benchmark the Malawian mining framework against other mining frameworks which provide for mineral beneficiation with a view of learning best practices. The research concludes with recommendations based on the lessons learned from other jurisdictions. This crucial study offers insights and roadmaps on how Malawi can leverage this critical moment in its mining trajectory to ensure economic growth and export diversification.
The role of Electoral Management Bodies (EMBs) in strengthening democratic participation through elections : a comparative study of Tanzania and Ghana
Henga, Anna Aloys (University of Pretoria, 2025-11-25)
The study analyses how the Electoral Management Bodies of Tanzania and Ghana work to enhance citizen participation amid declining voter turnout. It finds that although both EMBs are legally mandated to promote participation, they remain largely focused on administrative tasks, with limited civic engagement, weak gender responsiveness, and declining public trust due to perceived partisanship. Ghana’s framework is comparatively stronger, yet key collaborations remain underutilised. The study recommends dedicated participation strategies, stronger legal safeguards, gender mainstreaming, improved grassroots and media engagement, youth-focused registration reforms, enhanced transparency, and greater use of technology to strengthen inclusive democratic participation.
Assessing Kenya's sufficiency of the legal frameworks on the right to access ICTs for persons with disabilities
Mbae , Gakii Winfred (University of Pretoria, 2025)
This doctrinal study assesses the sufficiency of Kenya’s national legal frameworks on the right to access ICTs for persons with disabilities. The study applies the intersectionality theory and the concepts of the social model of disability, equality and non-discrimination, and universal design to examine the extent to which Kenya complies with the international standards on the right to access ICTs for persons with disabilities established in the African Disability Rights Protocol and the CRPD. The study concludes that the Constitution of Kenya and the Persons with Disabilities Act have progressive provisions that provide for the right to access ICTs for persons with disabilities. There are also existing ICT accessibility standards both public and private entities. The full implementation of the Constitution, the Persons with Disabilities Act and the Access to Information Act as well as the effective enforcement of the ICT accessibility gaps will guarantee the full enjoyment of the right to access ICTs for persons with disabilities in Kenya.
The law, children and content creation
Asare, Abena Asare (University of Pretoria, 2025-09-29)
This mini-dissertation assesses the inadequacies of existing legal and policy structures in Ghana and South Africa concerning child content creator's rights. The research highlights that the rapid increase in digital content creation and related commercialisation, including the practice of "sharenting," which exposes children to risks like economic exploitation and severe privacy violations because current laws were designed for traditional physical labour. Case studies of some Ghanaian and South African child influencers are presented to demonstrate how current laws fail to mitigate issues such as trolling, data misuse by third parties, and the lack of protection for content-generated income. Because national legislation often defaults to protections for traditional labour, the study examines modern legislative frameworks from Kenya, France, and the USA to identify effective regulatory solutions. Ultimately, the dissertation recommends that Ghana and South Africa must update their statutes, policies and laws to better protect child content creators' rights.

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