Browsing by Author "Mwambene, Lea"
Now showing items 1-16 of 16
-
Are traditional African practices relating to child marriages in the face of HIV/AIDS in violation to the South African legal framework?
Ramnath, Prudence (University of the Western Cape, 2015)The main aim of this study is to analyse how traditional African practices relating to child marriages violate the South African legal framework in the face of HIV/AIDS, as well as assessing it's response to child marriage ... -
An assessment of the legal framework on the protection of girls from child marriages in Malawi
Mawodza, Obdiah (University of the Western Cape, 2015)The aim of this study is to assess Malawi's legal framework on the protection of girls against child marriages linked to HCPs. The research is guided by the following objectives: 1. To highlight the international and ... -
Corrective rape of black African lesbians in South Africa: the realisation or oversight of a constitutional mandate?
Wheal, Maudri (University of the Western Cape, 2012)In South Africa corrective rape is committed by African men as a form of social control to cure women of their homosexuality. The problem with corrective rape is that the victims of this crime are mainly black African ... -
A critical analysis of bilateral (dual) marriages in Zambia
Siyubo, Kashewe M (University of the Western Cape, 2023)In the Zambian context, marriage is one concept that has more than one definition This is because marriage can be legally contracted under two laws namely African customary law and statutory law. The former is potentially ... -
A critical analysis of the demobilisation, disarmament, reintegration and rehabilitation in relation to child soldiers in the Democratic Republic of Congo
Mumba, Mathias Kamfwa (University of the Western Cape, 2017)In many countries around the world, approximately 230 million children are living in countries affected by armed conflict. 15 million of them were caught up, in various parts of Africa, in violent conflicts. Some of the ... -
A critical analysis of Zimbabwe’s legal response to traditional cultural practices and gender- based violence.
Nkomo, Sindiso Nozitha (University of the Western Cape, 2014)The aim of the study was to assess Zimbabwe‘s legal response to gender-based violence that can be to traditional cultural practices. First, most traditional cultural practices in Zimbabwe are discriminatory towards women ... -
Divorce in matrilineal customary law marriage in Malawi: a comparative analysis with the patrilineal customary law marriage in South Africa
Mwambene, Lea (University of the Western Cape, 2005)This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, ... -
Feminist approach to Ukuzila custom under the new South African constitutional dispensation
Ngubane, Sibusiso Mmeli (University of the Western Cape, 2021)This study sought to investigate how the ukuzila practice violates women’s constitutional rights, and how can ukuzila custom be aligned with the constitutional values of gender equality. A qualitative research approach was ... -
The impact of the Bill of Rights on African Customary Family Laws: a study of the rights of women in Malawi with some reference to developments in South Africa
Mwambene, Lea (University of the Western Cape, 2008) -
The interface between customary laws of succession in the traditional justice system and the formal justice system in
Mutema, Angela N. (UWC, 2020)Traditional justice systems (TJS), which apply African customary law (ACL), play a significant role in the regulation of various cultural, social, and economic spheres of individual lives in society. It is estimated that ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa
Ndayi, Zoliswa Beauty (University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa.
Ndayi, Zoliswa B. (University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
Protecting girls against child motherhood and the rights of child mothers in Zimbabwe
Mawodza, Obdiah (University of the Western Cape, 2018)The issue of child motherhood remains a key challenge, especially in developing countries such as Zimbabwe. Despite bearing the worst of its effects, Zimbabwe looks largely to have fallen short of answers to solve this ... -
Should South Africa criminalise ukuthwala leading to child and forced marriages?
Mgidlana, Roberta Hlalisa (University of the Western Cape, 2020)Forced marriages and child marriages1 are a global and major concern when dealing with girl children’s and women’s rights. UNICEF statistics2 show that in South Africa alone 1% of girls were married by 15 years and 6% by ... -
Ubuntu and the South African Law of Contract with particular reference to the common law Contract of Employment
Nkosi, Sipho Stephen (University of the Western Cape, 2022)The concept of ubuntu has exercised the minds of many philosophers and jurists in recent times. This arises from the fact that the concept has many facets to it – etymological, linguistic, ethical and juridical – all of ...