https://ir.unisa.ac.za/handle/10500/2750 2026-05-06T12:53:22Z 2026-05-06T12:53:22Z Mukono, Dennis Edwin https://ir.unisa.ac.za/handle/10500/32399 2026-04-29T09:29:58Z 2025-04-01T00:00:00Z

The independence of the judiciary and its role in safeguarding the rule of law and constitutionalism in South Africa, Kenya, and Uganda Mukono, Dennis Edwin The rule of law and constitutionalism are the pillars that support constitutional democracies. It is the judiciary that ensures that the rule of law and constitutionalism remain intact. For the judiciary to do so, it must be independent, therefore the role that an independent judiciary plays cannot be overemphasised. This dissertation examines the independence of the judiciary and its critical role in safeguarding the rule of law and constitutionalism in three selected countries: South Africa, Kenya, and Uganda. The study aims to understand how judicial independence varies in different political and legal contexts and its impact on the upholding of democratic principles. This study also looks at the varying levels of judicial independence of the chosen countries. With its 1996 constitution hailed as one of the most progressive documents, South Africa represents a well-established democracy with a stable legal framework and strong institutions ensuring judicial independence. The study examines how the judiciary in South Africa has been a key pivot of its constitutional democracy in upholding democratic principles, protecting human rights, and ensuring checks and balances within the government. The legacy left by the colonizers in Kenya, particularly when it came to the judiciary, was very poor. They left a weak judiciary, and the post-independence leaders did not do much to change the status quo. The promulgation of the 2010 Kenyan constitution was welcomed and timely. It reduced arbitrariness in governance and established an independent judiciary. This research focuses on some successes and challenges of Kenya's judiciary in maintaining and upholding the rule of law despite political pressures. Uganda offers a contrasting perspective with its judiciary operating in an environment where there are several challenges that include authoritarian tendencies, the shrinking of political and civic spaces, and the ongoing frustration of the judiciary to achieve full judicial independence. The study investigates the judiciary's efforts to uphold constitutionalism and the rule of law amidst executive interference and systemic challenges. This research highlights the effect that the constitutions of the featured countries have on their respective judiciaries. The study focuses on a number of factors, including models of funding, the effect of politics and ideology on the judiciary, transformative constitutionalism, etc. The study also explores the mechanisms implemented to strengthen judicial independence and its effectiveness in promoting justice and accountability. The research provides insights into the critical role of an independent judiciary in maintaining the balance of power, protecting human rights, and maintaining democratic stability. The findings underscore the need for continuous efforts to maintain judicial independence as a means of ensuring the rule of law and upholding constitutional governance in South Africa, Kenya, and Uganda.; Utawala wa sheria na Ukatiba ndio nguzo ambazo demokrasia ya kikatiba inaegemea. Mahakama inajukumu la kuhahakikisha kwamba utawala wa sheria na ukatiba vinadumu. Ili mahakama iweze kufanya hivyo, ni lazima iwe huru, hivyo basi, jukumu ambalo mahakama huru inatekeleza ni la muhimu sana. Tasnifu hii inachunguza uhuru wa mahakama na jukumu lake muhimu katika kulinda utawala wa sheria na ukatiba katika nchi tatu zilizochaguliwa: Afrika Kusini, Kenya na Uganda. Utafiti huu unalenga kuelewa jinsi uhuru wa mahakama unavyotofautiana katika miktadha tofauti ya kisiasa na kisheria na athari zake katika kuzingatia kanuni za kidemokrasia. Utafiti huu pia unachunguza viwango tofauti vya uhuru wa mahakama katika nchi zilizochaguliwa. Katiba ya Afrika Kusini ya 1996 inasifiwa kama moja wepo ya nyaraka zenye mwelekeo mzuri zaidi, Afrika Kusini inawakilisha demokrasia iliyoimarika na mfumo thabiti wa kisheria na taasisi imara zinazohakikisha uhuru wa mahakama. Utafiti huu unachunguza jinsi mahakama nchini Afrika Kusini imekuwa nguzo kuu ya demokrasia yao ya kikatiba katika kuzingatia kanuni za kidemokrasia, kulinda haki za binadamu, na kuhakikisha udhibiti na usawa ndani ya serikali. Urithi ulioachwa na wakoloni nchini Kenya ikija kwa suala la mahakama ulikuwa duni sana. Waliacha mahakama dhaifu na viongozi waliokuja madarakani baada ya uhuru hawakufanya jitihada kubadilisha hali hiyo ilivyokuwa na kuleta mabadiliko. Kutangazwa na kuweko rasmi wa katiba ya Kenya ya 2010 lilikuwa ni jambo lililopokelewa na lililofika kwa wakati muafaka. Ilipunguza ubadhilifu katika utawala, na ilichangia kwa kuwepo ama kuanzisha mahakama huru. Utafiti huu unaangazia baadhi ya mafanikio na changamoto za mahakama ya Kenya katika kudumisha na kuzingatia utawala wa sheria licha ya mashinikizo ya kisiasa. Uganda inatoa mtazamo tofauti, mahakama yake inafanya kazi katika mazingira yenye changamoto kadhaa kutoka kwenye serikali yao, baadhi yake zikiwa ni, mwelekeo wa kiimla, kusinyaa kwa nafasi za kisiasa na kiraia, na mkanganyiko wa mahakama kufikia uhuru kamili. Utafiti huu unachunguza juhudi za mahakama Text in English with abstract in English and Kiswahili

2025-04-01T00:00:00Z Mugejo, Livit https://ir.unisa.ac.za/handle/10500/32378 2026-05-05T08:23:36Z 2025-06-30T00:00:00Z

A critical analysis of immunity extended to the spouses of the heads of state Mugejo, Livit

2025-06-30T00:00:00Z Ramatsoele, Pitso Petrus https://ir.unisa.ac.za/handle/10500/31711 2024-10-11T06:40:45Z 2022-01-01T00:00:00Z

The South African police service from parliamentary sovereignty to constitutional supremacy and law enforcement challenges under the 1996 constitution Ramatsoele, Pitso Petrus This thesis is centered on a major research question: What has been the path of the South African Police (SAP) from parliamentary sovereignty to constitutional supremacy? How can constitutionalism, the rule of law, and democracy assist in transforming legislation and the police to eliminate law enforcement challenges under the 1996 Constitution? The significance of the problem and its implications impact on the lives of all South Africans. This thesis explores the degree to which constitutionalism, the rule of law, and democracy are adapting unjust laws. The assumption is that all legislation must comply with the Constitution. The thesis is based on legal methodology and includes theoretical, conceptual, and philosophical analysis. It is analytical and resorts to both desktop and library research. This includes a comprehensive literature review and a review of the 1996 Constitution, selected pieces of legislation, case law, and comparative law. The thesis consists of five chapters. Chapter 1 is the general introduction that introduces the reader to the research study. Chapter 2 examines the theories that are important and relevant to the study. Chapter 3 investigates the transition of the SAPS from the previous system of parliementary sovrreignty to the current legal order based on constitutional sovereignty. Chapter 4 reflects on law and enforcement challenges under the 1996 Constitution. Chapter 5 concludes with findings and recommendations. The thesis makes a valuable contribution to knowledge on South African constitutional law by examining constitutionalism, democracy and the rule of law and its impact on the transformation of the SAPS under the 1996 Constitution.

2022-01-01T00:00:00Z Nwafor, Peter Emeka https://ir.unisa.ac.za/handle/10500/31694 2024-10-21T10:59:14Z 2023-11-01T00:00:00Z

A legal analysis of the governance and management of natural resources in Africa: the cases of Nigeria and South Africa Nwafor, Peter Emeka The UN Resolution 1803 of 1962 on Permanent Sovereignty over Natural Resources (PSNR) was a catalyst for rethinking the ownership and governance of natural resources. In terms of the Resolution, the state is at the centre of the ownership and governance of natural resources, as prescribed by international law and the relevant municipal laws, to create and sustain socio-economic development for its people. Africa is endowed with vast natural resources, yet Africa remains the most socio-economically deprived continent in the world. A key reason for this deprivation is the poor management and control of natural resources. Using the comparative legal method, this study explores the management and control of national resources in Africa, with reference to the most endowed and leading economies in Africa: Nigeria and South Africa. The study finds a fracture in the relationship between natural resource endowment in Africa and the optimal socio-economic development of the people in the two countries, contrary to the PSNR principles. This disconnect stems from the legacy of colonial legislation and administration, which is evident and dominant in the post-colonial governmental attitude of self-seeking through elite nationalism. Furthermore, this study shows a huge divide between the state’s and the people’s shared rights in the international law provisions on natural resources. The state has usurped the inherent shared rights to the ownership and governance of natural resources. This triggers asymmetries in the ownership and governance balance, which impede the socio-economic development benefits expected of natural resource ownership. The study proposes reforms in African countries’ domestic natural resource legislation to infuse the PSNR principles. The study suggests a supranational framework for controlling and managing natural resources in Africa – the African Natural Resources Regulatory Panel (ANRRP) – which is inspired by the EU’s natural resource control and management framework

2023-11-01T00:00:00Z