Faculty of Management, Commerce and Law
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Item Open Access The Constitutionality of Ukuhlola: A South African Cultural Practice(1995) Choma, Hlako JacobThe South African Human Rights Commission (SAHRC) as one of the chapter 9 state institutions supporting Constitutional democracy is mandated amongst others to promote respect for human rights and cultural practice. It also promotes the protection, development and attainment of human rights. It is within this mandate that the Human Rights Commission has observed the debates surrounding the prohibition of Ukuhlola (virginity testing) in the Children’s Bill. Ukuhlola has been historically regarded as a necessary social tool to bring pride amongst virgin girls, the parents and community as a whole. Ukuhlola is still practiced in some of the communities in South Africa, in particular Nguni communities. Ukuhlola culture originated from Zulu culture and is prevalent mostly in KwaZulu-Natal Province. The motive was to receive the full lobola (the eleventh cow). Ukuhlola practice faced out during the past century, but has made a come back in various areas of South Africa including Kwazulu-Natal in recent years. South Africa’s Moral Regeneration Movement3 has decided to urge the return of ukuhlola of teenage girls as a tool to fight against women abuse, teenage pregnancies and HIV& AIDSItem Open Access The environmental rights entrenched in the constitutions: a critique(2008) Choma, Hlako JacobAlthough environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of Rights, is being amplified by legislative and constitutional reforms, and developing case law in the courts. There is therefore a clear need to increase the understanding f the discipline through systematic research and teaching at various levels. The notion of including an “environmental right” in a domestic constitution is not novel in Africa. Most African countries have incorporated a constitutional provision that ensures the right to a healthy environment. Most of the problems that exists with environmental rights under the international and regional systems are absent under the domestic South African system. The way in which environmental rights have been formulated in international instruments, section 24 of the South African Constitution has been framed as an individual right and not as a collective one. Environmental degration often affects groups of people and it could consequently argued that the right should protect groups and not just individuals..Item Open Access The Law and its interpretation do play a role in the elimination of Xenophobia: A South African case study(2008) Choma, Hlako JacobThe examination of certain legal aspects of xenophobia has shown that the law and its judicial interpretation do on the one hand server to safeguard against xenophobia and to eliminate it where it still prevails, on the other hand they can however serve to entrench it1. It is believed that in future, South African courts will continue to be proactive in the elimination of xenophobic tendencies wherever they may be encountered in the legal context and that law reform will eradicate laws which generate the impression that they are xenophobically motivatedItem Open Access A Review of developments and changes in the worlds' constitutions(2009) Choma, Hlako JacobThe constitution is a living document, that being the case, there is a need to increase the understanding of the constitution through systematic research and teaching at various levels. The paper aims to be a catalyst that inspires creative action to claim and advance certain new constitutional rights encapsulated in various world‟s constitutions. It seeks to raise awareness of new constitutional rights. Most world‟s constitutions have incorporated constitutional provisions that ensure the entrenched new fundamental human rights. The latest constitutions, including South African Constitution of 1996 are advanced and have included significant number of rights which were left out in the old constitutions. The courts are given the widest possible powers to develop and forge new remedies for protection of constitutional rights and the enforcement of constitutional duties.Item Open Access The Impact of Mining Rights on the local communities in Limpopo Province, South Africa: A comparative study(2009) Choma, Hlako JacobThe paper aims to give an account of the substance and support the development of community based organizations in balancing their interests against the interests of the mining industries. It further examines the issue of the protection of social and economic right in the context of the globalization of the activities of multinational mining and petroleum companies, as illustrated by different instances of increasing state withdrawal and with regard to specific African countries. In Africa, economic liberalization has been accompanied by a programmed redefining of the role of the state withdrawal from certain areas : planning, production and social reform, a reorientation of state intervention from certain other areas, redistribution, regulation and mediation ect, with a view of promoting a particular type of growth strategy based on promotion of private economic interests. This process has led to the delegitimation and weakening of states which were already characterized by fiscal crises, notably in countries under structural adjustment. While the process of reconceptualisation of the role of the state is not specific to Africa, its impact has been particularly significant with regard to the possibility of implementing developmental strategies designed to protect social and economic rights.Item Open Access Constitutional enforcement of Socio-economic rights: South African case study(2009) Choma, Hlako JacobThe entrenchment of socio-economic rights in the South African Constitution is a critique. It is submitted that a constitution that pretends to guarantee rights which cannot be judicially enforced should not be considered a serious legal document. In this paper, particular attention is paid to the far reaching judgment by the Constitutional Court in Mazibuko and others v The City of Johannesburg.1 The questions posed and answered relate to issues such as the enforceability of socio-economic rights entrenched in the constitutionsItem Open Access Limitation of religious freedom to conform to the standards of an open and democracy society(2009) Choma, Hlako JacobOne has freedom of religion, not freedom from religion. This claim is common, but it rests on a misunderstanding of what real freedom of religion entails. The most important thing to remember is that freedom of religion, if it is going to apply to everyone, also requires freedom from religion. Why is that? One does not truly have the freedom to practice one’s religious belief if one is not also required to adhere to any of the religious beliefs or rules of other religious. Freedom from religion does not mean, as some mistakenly seen to claim, being free from seeing religion in society. No one has the right not to see churches, religious expression, and other examples of religious belief in our nation, and those who advocate freedom of religion do not claim otherwise. What freedom from religion does mean, however, is the freedom from rules and dogmas of other people’s religious beliefs so that people can be free to follow the demands of their own conscience, whether they take a religious form or not. Thus they have both freedom of religion and freedom from religion because they are two sides of the same coin.Item Open Access An appraisal of the efficacy of selected macrotourism policies of South Africa(2009-09-08) Zembani, Pamela Edna; Steyn, p. e.See the attached abstract belowItem Open Access The Expression of Cultural and Religious practice: A Constitutional Test(2010) Choma, Hlako JacobVarious conventions and national constitutions are differently worded and that the interpretation of national constitutions, in particular, reflects different approaches to the concepts of equality and non-discrimination. The different approach adopted in the different national jurisdictions arise not only from different textual provisions and from different historical circumstances, but also from different jurisprudential and philosophical understanding of equality. The jurisprudence of the courts make clear that the proper reach of the equality right must be determined by reference to the society’s history and the underlying values of the Constitution. It has been observed that a major constitutional object is the creation of an non-racial and non-sexist egalitarian society underpinned by human dignity, the rule of law, a democratic ethos and human rights. From there emerges a concept of equality that goes beyond mere formal equality and mere non-discrimination which requires identical treatment, whatever the starting point or impact. The question is, how does the state, in limiting religious freedom, conform to the standards of an open and democratic society based on human dignity, equality and freedom? The hope is that the conclusion of this paper will then be able to be extended to more controversial cases, in particular, involving limits on the right to freedom of expression, culture and belief.Item Open Access A comparative study and analysis of substance abuse among grade 11 and 12 learners in selected secondary schools in Thohoyandou Area(2010-04) Magadze, Tshimangadzo Oscar; Roelofse, C. J.; Nengome, N. R.See the attached abstract belowItem Open Access Head of Department et al and Hoerskool Ermelo et al Judgement: A critique(2011) Choma, Hlako JacobIt is common cause that the Government has committed itself to quality education since its inception, it is also noted that many children are still suffering the effects of apartheid. In the areas where black people lived, there were very few schools. Apartheid laws and policies ensured that black people were either denied education or received poor quality education. The previously white schools still have more resources and are able to provide a better quality education. Most of these schools are a long distance away from where black children live and are not accessible to black children Section 29 (1) (a) of the Constitution provides that everyone has the right to basic education, it includes disadvantage groups, such as women, persons living with disabilities, refugees and children, “hence transformation is encouraged.”Item Open Access The impact of foreign aid on the South African economy (1980-2008(2012-09-26) Amusa, Rasheedat Gbeminiyi Omotola; Gyekye, A. B.; Masunda, UsheThe role of foreign aid in promoting economic growth and improving welfare has been the subject of much debate among development specialists, researchers, aid donors as well as recipients in general. Two very strong views have emerged in the literature; proponents of aid posit that foreign aid contributes to higher welfare levels and economic growth while also improving the socio economic conditions of the poor in the receiving countries. Detractors of the idea that foreign aid promotes growth have argued that aid is not the solution to deep rooted economic problems of recipient countries. According to the latter, aid does not breed an environment that allows nations to themselves develop local strategies to improve growth. The country selected for this study, South Africa, poses an interesting case study given the fact that while the country is not aid- dependent, it still receives a significant amount of official development assistance (ODA). In spite of the above fact and the perceived benefits of foreign aid for growth and development, there are few empirical studies that have investigated the nature of the relationship between foreign aid and economic growth in South Africa. The study found that while foreign aid has positively affected growth in South Africa, the impact is insignificant. Although such aids has ensured a good macroeconomic environment which have been growth- enhancing for the country.Item Metadata only An investigation into the socio-economic factors and community perception in the direction of the conservation and management of the wetland : a case study of Thohoyandou Block F.(2012-10-30) Ndou, Avhatakali Christopher; Khwashaba, M. P.; Khwashaba, M. P.Item Open Access The impact of absenteeism on productivity in Giyani Police Station : a study conducted at Giyani Police Station(2012-12-07) Maluleke, Magezi Judas; Khwashaba, M. P.Item Open Access The critical assessment of the challenges faced by Vhembe District Municipality with the implementation of supply chain management policies(2012-12-07) Mutuvhi, Fhatuwani Lastborn; Khwashaba, M. P.; Thornhill, C.Item Open Access An investigation into the socio-economic impact of the shortage of domestic energy supply in Tshikunda Village of Limpopo Province, Vhembe District(2012-12-07) Netshakhuma, Milingoni Henry; Khwashaba, M. P.Item Open Access An analysis of the impact of the right to equality on the South African customary law and legislation(2012-12-10) Rapudi, Jonathan; Choma, Hlako J.; Maluleke, Life R.Item Open Access An investigation into the challenges facing Thulamela Local Municipality with regard to the supply of electricity(2012-12-11) Magoro, Salminah Azwinndini; Khwashaba, M. P.Item Open Access Community involvement as a strategy to enhance Integrated Development Planning Efficiency for effective service delivery in Mutale Municipality(2012-12-11) Nempumbuluni, Thambeleni Colbert; Nekhavhambe, M. M.; Khwashaba, M. P.Item Open Access An investigation into the staff retention strategy in the public sector : a case study of Vhembe District, Limpopo Province(2012-12-11) Mudau, Isaac; Khwashaba, M. P.