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JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Volume 25 (2021) Special Issue

REFEREED ARTICLES

 

Engendering access to justice for development in Sub-Saharan Africa: A study of policy, programming and implementation, pp 1-19

 
 Lea Mwambene, Adam Dubin, David Lawson 
 

Building on the book ‘Gender, poverty and access to justice: policy implementation in Sub-Saharan Africa’ (Lawson, Dubin and Mwambene (eds) (2020), this special volume of essays is the result of the Conference in Cape Town (October 2019), whose main objective was to investigate the intersection of gendered access to justice, ...

 
 

‘Talk to my father’: Re-thinking social exclusion and access to justice in the context of bridewealth negotiation, pp 20-46

 
 Jane C Diala 
 

Broadly, the concept of social exclusion denotes a condition in which people are unable to voice their opinion freely and fully in matters affecting their lives. It often manifests as unequal respect for, and protection of people’s rights based on gender, age, race, and similar demographics. Social inclusion has become...

 
 

What gender legislative reforms have meant for women in South Africa, pp 47-70

 
 Carmine Rustin 
 

South Africa is a much better place to live in today than before 1994. Having witnessed a largely peaceful transition from a pariah apartheid State to a democratic State where equality is guaranteed before the law, the country offers rights and justice for all. The Constitution of the Republic of...

 
 

Embracing risky refuge: Women, land laws and livelihood vulnerabilities in rural Kenya, pp 71-94

 
 Mary Thamari-Odhiambo 
 

There has been a growing interest in laws governing resources particularly land in reference to gender in Africa. Law reforms in relation to land have produced potentially useful regulations and espoused egalitarian land rights. However, the backdrop to these reforms contains a scene of land disputes, resistance to laws, violence...

 
 

A discourse on the plight of South African women in the face of abuse and neglect, pp 95-118

 
 Omololu Fagbadebo 
 

An upsurge in the rate of violence against women has an adverse effect on women in South Africa. Sadly, many South African women who are the victims of violent sexual conduct, such as, rape and other forms of violent sexual abuse, have in part contributed to the prevalence of HIV/AIDS...

 
 

The right to education of the refugee girl affected by armed conflict in Kenya, pp 119-145

 
 Robert Doya Nanima 
 

The African Charter on the Rights and Welfare of the Child provides for the protection of children in all environments. Areas that have experienced armed conflict have made the child susceptible to human rights violations including violence through sexual offences and violation of civil and political as well as socio-economic...

 
 

The institution of traditional authority in Okombahe, Erongo Region of Namibia: Can the institution be reconciled with democratic values of justice? pp 146-166

 
 Madikgomo More 
 

The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law to the people of the Okombahe community in the Erongo Region of Namibia. The...

 
 

Engendering access to environmental justice in Nigeria’s oil producing areas, pp 167-191

 
 Fo Nyemutu Roberts 
 

This article interrogates engendering access to environmental justice in Nigeria’s oil producing areas and its connection with poverty and disempowerment of women. Women already suffer from the fact that access to justice for the vast majority of Nigerians is challenging and restrictive. It is discriminatory against women. Access to environmental...

 
 

Leveraging the local administration to engender access to justice in Kenya: The case of Mukuru Kayaba Informal Settlement, Nairobi County, Kenya, pp 192-222

 
 Ruth N Murumba  
 

Constitutional change in Kenya has opened up spaces of contestation of rights for citizens. However, marginalisation of certain segments of the population remains a key constraint to achieving universal protections. A lack of awareness and capacity of both citizens and the government hinders the advancement of the goals to lift...

 
 

The effect of the 2011 Arab uprising in the Middle East and North Africa (Mena region): Morocco’s quest for constitutional reform and the 20 February Movement, pp 223-241

 
 Ashraf Booley 
 

Historically, Morocco experienced widespread political repression during the 1970s through to the early 1990s. Through its exploitations, the monarchy regime repressed any claims aimed at challenging its authoritarian form of public space and debate. Encouraged by the uprisings in Tunisia and Egypt, and the Arab Spring, young Moroccans began to...