UWCScholar

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Legal responses to vigilantism in South Africa
(University of the Western Cape, 2025) Dlelembe, Abongile; Nortje, Windell
Despite the transformative ambitions of the Constitution, vigilantism in South Africa is rooted in widespread frustration with the failures of the criminal justice system, particularly weak policing, slow prosecutions, and declining conviction rates. These factors have eroded public trust in formal institutions. As citizens lose faith in the State’s ability to deliver justice, many turn to informal, often violent, mechanisms of self-help such as vigilantism. These practices are unlawful and they emerge as impulsive responses to systemic institutional collapse and the widening gap between constitutional promises and lived reality. This mini-thesis argues that vigilantism should be understood as a direct manifestation of structural dysfunction within the criminal justice system rather than as isolated criminal conduct. However, vigilantism remains unlawful and cannot be justified, even when it emerges from legitimate frustration with a collapsing criminal justice system. The constitutional order cannot accommodate self-help, no matter how understandable its origins. Yet it is equally true that individuals who engage in vigilantism should not be sentenced in the same manner as those who commit violence with a direct intention to cause harm for personal gain or malice. Drawing on comparative lessons from Ghana, a jurisdiction that has enacted anti-vigilantism legislation (the Vigilantism and Related Offences Act 999 of 2019), this research evaluates whether a similar statutory approach would rather deterrence, enhance prosecutorial clarity, and reinforce constitutional accountability.
Exploration of factors that delay decolonisation of the Technical Vocational Education and Training (TVET), National Certificate Vocational (NCV) and Occupational Electrical Engineering curriculum in the Western Cape, South Africa.
(University of the Western Cape, 2026) Nzira, Lewis; Luckay, Melanie
This study explored factors contributing to delays in decolonisation of the TVET college curriculum, with particular emphasis on the National Certificate (Vocational) (NCV) Electrical Engineering curriculum, which served as the central research question. The occupational component of the TVET Engineering curriculum was briefly engaged, because the site of study was still preparing for its eventual implementation. Some factors that stood out were inferiority complex and Ubuntu and their impact on TVET lecturers and students in relation to their interaction with the engineering content. The study followed an interpretivism paradigm qualitative research method while applying an exploratory research design. The target population was categorised into three groups, namely, TVET NCV students, TVET NCV lecturers, and community members. Twenty-four participants were selected from that population as a sample, using the non-probability and probability sampling techniques of a purposeful and systematic sampling method respectively. The study employed both closed-ended and open- ended questionnaires to generate data, which was analysed using a thematic approach. The conceptual framework guiding the study was Ubuntu, as articulated by scholars such as Ndlovu-Gatsheni, Letseka, Nkoane, Sesanti, Bangura, and Mutwa, among others. The findings revealed the presence of factors that delay the decolonisation of the TVET NCV Engineering curriculum. Moreover, these factors were found to significantly affect both students and lecturers within the TVET sector, leading to a set of proposed recommendations. One key recommendation was the use of the term Africanisation in place of decolonisation to better reflect the specific South African context of curriculum transformation. The study further recommended that large-scale research be conducted on an Africanised curriculum to examine its potential benefits and challenges for the country. In this study, the term decolonisation was used interchangeably with Africanisation, in recognition of the geographical context of the research. Additionally, Technical and Vocational Education and Training (TVET), the National Certificate (Vocational) (NCV), and Occupational Electrical Engineering were collectively referred to as the TVET Engineering curriculum.
Critical analysis of factors prohibiting effective implementation of policies related to child protection: a case of Zimbabwe
(University of the Western Cape, 2025) Mutokosi, Liven; Makiva, Msuthukazi
The proper implementation of child protection policies in Zimbabwe is hindered by numerous variables. These include conventional religious and traditional dogmas, political and economic determinants, among others. The impact and influence of these factors have led to undesirable outcomes whereby children are frequently subjected to various sorts of violence, including abuse, rape, and child marriages. The research investigates the persistent failure of child protection policy implementation in Zimbabwe, with particular emphasis on child marriage and child sexual abuse. The study diverted from approaching child protection from a social welfare and legal perspective, but as a complex governance and policy implementation problem shaped by political, economic, institutional, traditional, and religious forces. The government’s unwillingness to implement programmes with a high impact to stop this problem is concerning. This research is inspired by the Rights-Based theoretical approach, which assumes the position that rights enshrined in the Universal Declaration of Human Rights (UDHR) are to apply to all citizens regardless of their situation. Many member states have signed the United Nations Conventions and Procedures, including Zimbabwe, agreeing to ensure that their citizens’ economic, social, cultural, and political rights are met. Thus, the approach holds leaders and decision makers to account for commitments they have made to global human rights mechanisms such as the UDHR, the United Nations Conventions on the Rights of the Child (UNCRC), and the African Charter on the Rights and Welfare of the Child (ACRWC). Following the Rights-Based theoretical approach, justice may be sought and promoted by ensuring that basic public services meet minimum standards, governments are held accountable, and above all, the rights of citizens, including those of children, are protected through ensuring effective policy implementation.
An evaluation of the Information Communication Technology (ICT) based adjudication process in civil proceedings in Uganda
(University of the Western Cape, 2025) Mukiibi, Paul ; Hamman, Abraham John
This study examines the ICT-based adjudication process in Uganda’s judiciary and its implications for the constitutional right to a fair hearing in civil matters. It argues that the rapid expansion of digital adjudication during and after the COVID-19 pandemic occurred without sufficient regard for safeguards inherent in the right to a fair hearing. Guided by four research questions, the study assesses the consistency of international and domestic standards, the effectiveness of Uganda’s legal and institutional frameworks, the extent to which e-case management and e-courtroom systems protect fair-hearing guarantees, the shortcomings that persist, and insights that may be drawn from other jurisdictions. Employing a doctrinal legal research methodology, it reviews international human rights instruments, national legislation, and pertinent scholarly commentary. The study finds that, although Uganda’s constitutional and statutory provisions generally reflect international norms, gaps—particularly discretionary derogations and non-harmonised, pre-digital laws—pose risks. It concludes that ICT-based adjudication may strengthen access to justice if digital infrastructure, legal reforms, privacy protections, and safeguards for counsel, vulnerable persons, and timely trials are prioritised.
Examination of special economic zones’ contribution to sustainable development in South Africa: using coega idz and musina-makhado sez as examples
(University of the Western Cape, 2025) Tsolekile De Wet, Pamela; Thompson, Lisa
This study investigates the extent to which Special Economic Zones (SEZs) in South Africa— specifically the Coega Industrial Development Zone (IDZ) and the Musina-Makhado Special Economic Zone (MMSEZ)—enable or disable sustainable development. SEZs are often promoted as tools for industrialisation, job creation, and regional growth, yet their socioeconomic and environmental impacts remain contested. The study adopts a qualitative multisite case study approach, focusing primarily on communities adjacent to the SEZs. Due to the COVID-19 pandemic, which restricted mobility and altered community engagement, data collection relied heavily on virtual and socially distanced interviews, complemented by document analysis, observation, and policy review. The methodology was adapted to merge social and economic dimensions, as community perceptions of employment, skills development, and local enterprises’ growth were deeply intertwined. Environmental sustainability was also examined through the lens of livelihoods, recognising that local communities’ well-being depends on access to and management of natural resources. Data was analysed thematically, using Miles and Huberman’s approach, with findings interpreted through the Triple Bottom Line, Institutional Theory, and the Capability Approach.