Doctor Legum - LLD

Permanent URI for this collectionhttps://hdl.handle.net/10566/10511

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A comparative analysis between the AfCFTA and the EEA agreements: The impact of the activities of foreign multinational corporations and counterfeit goods on economic development and enhancement of socio-economic rights
(University of the Western Cape, 2025) Mashego , Katlego; Ndlovu , Precious
It is estimated that the AfCFTA could generate approximately USD 450 billion by 2030. This growth has the potential to promote economic development, which, in turn, could positively affect the realisation of socio-economic rights in Africa. Despite this potential, many African countries continue to face challenges in enforcing these rights. This research argues that it is essential that all African countries rigorously implement the AfCFTA. No African country is immune to the challenges identified in this research, particularly those related to the enforcement of socio-economic rights. The AfCFTA holds significant potential to promote job creation, reduce poverty, and increase prosperity across the continent. In other words, the Agreement could contribute positively to addressing socio-economic issues. However, this study argues that for these benefits to be realised, two main challenges must be addressed: the activities of foreign multinational corporations and the trade in counterfeit goods. If these issues are not effectively managed, the AfCFTA may fail to achieve its full potential, and Africans may not fully benefit from it. This research contends that an intra-African trade agreement is crucial for promoting economic development and, in turn, supporting the enforcement of socio-economic rights.
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.
An evaluation of the legal and institutional money laundering framework in south Sudan: integrating an international approach
(University of the Western Cape, 2025) Paito, Atel Ongee; Nanima, Robert Doya
Over the last decade, there has been an increase in the number of money laundering cases across the globe. In a bid for authorities to control these criminal activities both locally and internationally, the International Community have established legal bodies for identifying, combating and controlling money laundering activities. An effective legal framework is thus not only necessary but essential for South Sudan to combat money laundering. This study investigates whether the legal framework in South Sudan is sufficient in combating money laundering. In addition, it seeks to address the shortcomings of the legal framework in South Sudan, reveal areas of comparison within the region of East Africa and reveal the need for further incorporation of the money laundering framework into the South Sudan legal framework to combat money laundering. Furthermore, the study evaluates whether the legislation to combat money laundering is sufficient and if there exists a need to enact more legislation in line with all the international legal instruments emanating from the East African Community, African Union, United Nations and other bodies around the globe.
An assessment of the effectiveness of constitutional oversight bodies: a case study of the Gauteng Provincial Legislature’s Education Portfolio Committee
(University of the Western Cape, 2026) Khangala, Tshilidzi Knowles; Fessha, Yonatan
In South Africa's constitutional democracy, parliamentary oversight is a fundamental mechanism for enforcing executive accountability. However, persistent underperformance across government departments, as evidenced by poor audit outcomes and service delivery protests, points to a critical accountability deficit. This study investigates whether this deficit is replicated at the provincial level by conducting an in-depth assessment of the effectiveness of the Education Portfolio Committee (EPC) of the Gauteng Provincial Legislature (GPL) in holding the Gauteng Department of Education (GDE) accountable. The research is framed within a context in which dominant-party politics, complex intergovernmental relations, and institutional capacity constraints may impede rigorous legislative scrutiny. Employing a qualitative longitudinal case study design, this thesis analyses the EPC’s oversight activities from the first to the sixth administration (1994-2024). The study argues that despite its formal powers, the EPC's effectiveness is critically constrained by dominant-party politics, which fosters a predominantly compliance-oriented oversight model focused on financial and procedural adherence. This occurs at the expense of a performance-oriented model that scrutinises educational outcomes and equity, thereby limiting the committee's substantive impact. The analysis reveals that this tendency is exacerbated by political allegiance, which tempers rigorous executive scrutiny, and by capacity limitations that hinder deep engagement with complex educational data and policy. The thesis concludes that transforming oversight from a formal exercise to a substantive force for accountability requires targeted interventions. It offers recommendations to bolster the EPC's operational independence, enhance its technical capacity, and strategically reorient its focus towards performance and outcomes. By providing a nuanced, empirical account of the political and institutional mechanics of subnational oversight, this study makes a significant contribution to scholarly and policy debates, moving beyond formal-legal analysis to show how accountability is mediated, and often weakened, in practice within South Africa's multi-level governance system.
Regsinstellings en di e reg aan die Kaap van 1806 tot 1834
(University of the Western Cape, 1984) van der Merwe, Petrus Johannes; Visagie, Gerrit G.
Die doel van hierdie verhandeling is om die regspleging en die reg aan die Kaap van 1806 tot 1834 te ondersoek. Daar is op die aanvangsdatum 1806 besluit nie aileen omdat dit 'n nuwe bedeling na die tweede Britse besitname van die Kaap ingelei het nie, maar ook omdat die regsgeskiedenis vanaf die begin van die volksplanting aan die Kaap tot 1806 reeds deeglik deur prof. G. G. Visagie nagevors is in sy baanbrekerswerk Regspleging en die reo aan die K aap van 1652 tot 1806. Die huidlge verhandeling sluit af by die datum 1834 aangesien dit die datum is van die inwerkingtreding van die tweede Regsoktrooi. Tussen 1806 en 1834 het daar, wat die regswese aan die Kaap betref, spreekwoordelik gesproke oneindig baie water in die see gevloei. Die veranderinge wat die regsinstellings, en daarmee saam ook die reg wat deur hierdie liggame toegepas is, gedurende hierdie tydperk ondergaan het, kan egter nie in vacuo beoordeel word nie.
Force majeure in international contracts with particular reference to the English and South African legal systems
(University of the Western Cape, 2024) Mohammed, Abdulfattah Abdulqader Qaid; Mupangavanhu, Yeukai
Force majeure, or supervening change of circumstances, is still one of the main issues that impact national and international contracts. International contract law and national legal systems apply different rules to achieve contractual justice. The study analyses the exceptions to the principle of pacta sunt servanda in the case of supervening circumstances under South African law, English law, the Vienna Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UNIDROIT Principles). This study examines the nature and effects of force majeure events on contracting parties under these laws. The position of the Coronavirus disease 2019 (COVID-19) under the CISG and UNIDROIT Principles is ascertained, as is its position under English and South African law. COVID-19 was a litmus test for the maturity of these important doctrines of modern law.
Towards the sustainable management of the natural resources curse in Africa: a legal appraisal
(University of the Western Cape, 2025) Dheka, Lawrence; van der Berg, Angela
An abundance of natural resources is usually considered a blessing for the countries that own them. However, for most African countries, a wealth of natural resources is associated with poverty, forced displacement, corruption, human rights abuses, environmental degradation, and slow economic growth. This phenomenon is called the natural resource curse (NRC). African countries rich in natural resources have markedly reduced economic growth and development, indicating that the wealth of natural resources has adversely affected their economies. Although countries such as Nigeria, Zimbabwe, and the Democratic Republic of the Congo are rich in natural resources including oil, diamonds, gold, lithium, and cobalt, their residents suffer from socio-economic and environmental challenges such as low income, low quality of life, human rights abuses, and environmental degradation.
Regsinstellings en die reg aan die Kaap van 1806 tot 1834
(University of the Western Cape, 1984) van der Merwe , Petrus; Visaqie , G
Die doel van hierdie verhandeling is om die regspleging en die reg aan die Kaap van 1806 tot 1834 te ondersoek. Daar is op die aanvangsdatum 1806 besluit nie aileen omdat dit 'n nuwe bedeling na die tweede Britse besitname van die Kaap ingelei het nie, maar ook omdat die regsgeskiedenis vanaf die begin van die volksplanting aan die Kaap tot 1806 reeds deeglik deur prof. G. G. Visagie nagevors is in sy baanbrekerswerk Regspleging en die reg aan die Kaap van 1652 tot 1806. Die huidlge verhandeling sluit af by die datum 1834 aangesien dit die datum is van die inwerkingtreding van die tweede Regsoktrooi. Tussen 1806 en 1834 het daar, wat die regswese aan die Kaap betref, spreekwoordelik gesproke oneindig baie water in die see gevloei.
Re-thinking doctrines of culpability and criminality within the context of cybercrime: a comparative perspective
(University of the Western Cape, 2026) Haj-Ahmed, Mahmoud H
The unprecedented advancements in Information & Communication Technologies (ICT) represented by the ubiquity of internet services, digital connections, and artificial intelligence (AI) have contributed to the creation of new patterns of criminal behaviours and, consequently, a new realm of criminal law. Many legal experts and scholars argue that the rise of cybercrime is challenging conventional doctrines of criminal law. This thesis investigates whether the conventional doctrines of culpability and criminality apply to the circumstances of cybercrime. Specifically, it explores whether cybercrime has created jurisprudential and doctrinal tensions that necessitate adaptation, modification, and recalibration of the fundamental principles of criminal law. Within a comparative framework, the thesis analyses cybercrime legislation in five selected jurisdictions to examine how these laws address culpability, legal liability, harm, and blameworthiness. The analysis and discussion here are performed within a triangulated methodological research approach. The thesis concludes that the conventional doctrines of criminal law can accommodate the computer-enabled cybercrimes, but not those that depend entirely on computers. As such, the thesis contributes to the ongoing debates about the adequacy of extant principles of criminal law to the intricate legal challenges of the digital era. Additionally, the thesis proposes a culpability scale that measures severity of the different types of cybercrime.
The impact of digital transformation on banking business models: the case of South Africa
(University of the Western Cape, 2026) Bobo, Stewart
The thesis assesses the impact of digital transformation (DT) on banking business models within the South African (SA) context, with a specific focus on the adequacy of policy, legal and regulatory responses to the opportunities and risks posed by DT. In response to rapid technological advancements and shifting consumer expectations, the banking sector in SA has increasingly embraced digital technologies such as artificial intelligence (AI), machine learning (ML), blockchain and cloud computing. These developments have significantly altered the way banks create, deliver and capture value, thereby redefining traditional banking business models. The research uses the four key elements of the business model canvas (product and value proposition, customer interface, operational infrastructure and financial aspects) to assess the impact of DT on the banking business models in SA. It explores how DT is reshaping these elements by enabling new products and services, transforming customer interactions, fostering strategic partnerships and altering revenue and cost structures. The thesis identifies significant opportunities arising from DT, including enhanced financial inclusion, improved customer experience and increased operational efficiency. However, it also highlights emerging risks such as cybersecurity threats, data privacy risks, digital exclusion as well as elevated technological and operational risks. From the assessment of the policy, legal and regulatory responses of the SA authorities, the thesis concludes that, while progress has been made, further reforms are necessary to ensure a balanced, inclusive and innovation-friendly regulatory environment. Overall, the thesis contributes to the academic discourse by offering a comprehensive framework for analysing the impact of DT in banking business models. It also provides practical insights for policymakers, regulators and industry stakeholders.
The constitutional right to adequate housing for women in Uganda: problems and prospects
(University of the Western Cape, 2025) Kashillingi, Hussein Rugaba
Uganda is one of the world’s Least Developed Countries (LDCs).1 This status marks it out as exhibiting particularly unpromising indicators on a range of internationally stipulated socio-economic parameters. On the other hand, it has one of the highest population growth rates in the world, which two factors together make for a problematic combination. From 2017 to 2021, for instance, while growth in Gross Domestic Product (GDP) decreased to 1.3% from the previous range of 2.2%, population growth in the same period increased to 3.7% per year.2 This double reality of a high population is further exemplified by several other troubling statistics: only 75,000 jobs are currently being generated each year, out of the 700,000 required to keep pace with the increase in the available labour force; and Uganda’s current population of 42 million is projected to reach 100 million by 2050.
Towards robust regulatory frameworks for fintech regulation in South Africa
(University of the Western Cape, 2025) Moodley-Naidoo, Kalaivani
In the light of the Fourth Industrial Revolution (4IR) and the acceleration of Financial Technology (FinTech) innovations, especially during the COVID-19 pandemic, this study reassessed the financial regulatory frameworks. FinTech presents opportunities for more accessible, efficient, and cost-effective financial services; however, it also introduces new risks concerning soundness, stability, and customer protection. This research examined the evolving financial regulatory landscape, emphasising the Twin Peaks Model, which separates prudential and conduct regulation. The study evaluated international best practices, and the benchmarks set by standard-setting bodies and other Twin Peaks jurisdictions. It proposes practical regulatory and policy measures to integrate FinTech into the South African regulatory framework and developed joint standards for the regulation of FinTech in South Africa. Given the rapid technological advancements and the intricate nature of FinTech, the research advocates for principle and rules-based standards focusing on technological outcomes rather than the technologies themselves. The study underscores the importance of understanding these shifts to maximise the benefits for all the people of South Africa.
Childhood statelessness in Kenya: an appraisal of legislative compliance with international human rights law obligations
(University of the Western Cape, 2025) Lugulu, Julie Ingrid
Childhood statelessness is a global concern because statelessness occurs in all the continents. A ‘stateless child’ refers to a child who is not legally recognised as a citizen of any state under its citizenship laws. In Kenya, childhood statelessness arises in both non-migratory and migratory contexts. In the non-migratory context, it affects children from ethnic minority groups and non-indigenous communities like: the Nubians, Waatas, Shirazis, Coastal Arabs, Kenyan Somalis, Galje’els, Burundians, Rwandans and the Congolese who are at risk of becoming stateless because they face challenges when applying for national identity documents upon attaining adulthood. In the migratory context, statelessness affects Somali children born in exile, in protracted refugee situations in Kenya, because they have few chances of naturalizing as Kenyan citizens. Consequently, this puts them at risk of becoming stateless refugees. The overarching question of the study is: to what extent has Kenya complied with its international human rights law treaty obligations on the children’s right to a nationality to address childhood statelessness, and what challenges hinder its full realization of this right? Previous research does not fully address Kenya’s compliance with international human rights law obligations of upholding the children’s right to a nationality in non-migratory and migratory contexts, from the colonial period to the present day. This research aims to examine the challenges that Kenya has faced in implementing the children’s right to a nationality. Thereafter it, proposes a child rights-based approach to promote and protect the children’s right to a nationality. This approach relies on the best interests of the child principle, nondiscrimination, the right to life, survival and development, participation and the added value which the African Charter on the Rights and Welfare of the Child brings in the promotion of children’s rights. This study adopts a doctrinal legal research methodology to analyse international and regional instruments on the children’s right to a nationality, citizenship laws, case law, international law reports, general comments, books, journal articles, policy documents and newspapers.
A comparative analysis of the obligatory bequest within Muslim countries with a specific focus on its application within the Egyptian context
(University of the Western Cape, 2025) Al-Dahbali, Hussein Al-Khadher Hussein
The topic of obligatory bequests is one that has sparked much debate. In recent years, some contemporary scholars have supported obligatory bequests because they considered it a fair solution to the problem of non-inheritance by orphaned grandchildren whose parents have died during the testator’s lifetime. However, other scholars disagree on the grounds that the provisions of the Egyptian Act of Wills No. 71 of 1946 (EAW 71) conflict with the inheritance system in Islamic Sharīʿah (the entire body of Muslim’s law from Allah). The application of obligatory bequests in Egyptian law may be seen to violate the inheritance system and its rules. Law scholars disagree with the method of calculating the obligatory bequest in EAW 71 because of a lack of clarity in the provision in Article 76 that imposes it. The thesis investigates the rules of EAW 71 regarding the obligatory bequest and whether there is a conflict of provisions between the obligatory bequest law, enacted by the legislature, and the inheritance system, which is considered a basic system in Islamic Sharīʿah that does not accept prejudice to its provisions. In addition, several gaps in EAW 71 have been identified and addressed. Thus, this thesis aims to clarify the current law of the obligatory bequest within Muslim countries, namely Egypt, Jordan and Malaysia with a specific focus on EAW 71. It examines shortcomings and seeks to address them. It further, provides recommendations regarding obligatory bequests within EAW 71. This study also aims to stimulate debate on the provisions of obligatory bequests in the countries of Egypt, Jordan and Malaysia to present a comparative examination toward addressing the aims of this thesis. Therefore, the thesis provides a set of recommendations to address the gaps in Egyptian law revealed through examining and comparing the obligatory bequest in Egypt, Jordan and Malaysia.
Prospects and legal considerations for open banking in Africa
(University of the Western Cape, 2025) Ebereonwu, Christopher Uzoma
This research examined the potential and legal implications of Open Banking in Africa by utilising selected jurisdictions such as Nigeria, United Kingdom, and Australia which have Open Banking frameworks and South Africa as a developing Open Banking jurisdiction as cardinal points and case studies. This study was motivated by the fact that the adoption of Open Banking is generally low across African countries, and this presents itself as a barrier to the growth of Fintech on the continent. This research is significant because it addresses the numerous legal, regulatory, and institutional issues that are critical for establishing a strong Open Banking regime from an African perspective. The key arguments in the thesis were that (1) A regulatory model of Open Banking should be adopted by African Countries as it better attends to the peculiarities of the African Continent (2) There should be a dedicated sub-unit within the regulator devoted to addressing regulating the significant risks of Open Banking (3) There should be a cross-border approach to Open Banking in Africa that is not limited by data localisation. This thesis engaged in analysis and interpretation of legislation in the United Kingdom, Nigeria and Australia and literature leading to recommendations to strengthen the Open Banking eco-system. In addition, this thesis includes a Model Law that African countries can use to establish their Open Banking scheme.
Legal considerations for adopting central bank digital currencies for cross-border payments in the Southern African development community region
(2025) Mziray, Sia
This study examines the legal and institutional foundations required for the implementation of a cross-border central bank digital currency (CBDC) project for the Southern African Development Community (SADC) region. It addresses three central lines of inquiry. The first concerns the necessity of introducing a cross-border CBDC in the region, especially given that SADC already operates the SADC Real Time Gross Settlement (SADC-RTGS) system and the Transactions Cleared on an Immediate Basis (TCIB) payment scheme, which respectively support high-value interbank and low-value retail cross-border payment transactions. The thesis demonstrates that although these systems have improved cross-border payment transactions, they continue to face limitations, including in relation to access, currency reliance, regulatory inconsistency and uneven technical readiness. These shortcomings indicate that a cross-border CBDC could provide targeted benefits, including for wider participation, faster settlement, enhanced transparency and more consistent treatment across jurisdictions. The analysis, however, stresses that CBDCs should not be viewed as replacements for existing systems. Their role is better understood as a future extension of regional payment infrastructure that builds on ongoing modernisation efforts. The second line of inquiry evaluates possible implementation models. The study distinguishes between direct models and interoperability models. It finds that interoperability offers the strongest alignment with SADC’s cooperative frameworks and integration objectives. Within this, the compatibility variant provides a practical starting point, with more integrated models becoming feasible as legal and technical harmonisation deepens across the region. The third line of inquiry assesses the legal and institutional readiness of the SADC to support a cross-border CBDC initiative in a coherent and sustainable manner. It shows that SADC has established institutional structures capable of coordinating regional payment work, including the Committee of Central Bank Governors, the Payment System Oversight Committee, and the SADC Fintech Working Group. However, existing legal instruments and model laws of the regional bloc do not specifically address CBDC-related issues. The study identifies gaps in the Protocol on Finance and Investment, Annex 6 and the regional model laws and proposes targeted reforms. The study concludes that a cross-border CBDC is feasible for SADC only through gradual, coordinated and legally grounded progress. On the whole, the thesis provides a conceptually grounded framework for assessing legal and institutional readiness for a regional CBDC project. It offers guidance for future policy, legal and institutional reforms for the SADC as it navigates the evolution of regional payment systems and considers the conditions under which a cross-border CBDC project may become viable.
Privacy and cross-border data transfer in Zimbabwe: An assessment of the legal framework
(University of the Western Cape, 2025) Saki, Otto
The thesis was written in the context of rapid internet expansion and technological developments such as Artificial Intelligence (AI), which have led to an increased demand for the use of personal data for various public and private purposes. Economic blocs like the European Union (EU), African Union (AU), Southern African Development Community (SADC), and intergovernmental organisations such as the United Nations (UN) have established data privacy and cross-border data transfer frameworks because of increasing demand for personal data. These frameworks seek to harmonise international, regional, and national data privacy standards and to protect personal data globally. However, they often reflect the differing interests of the public and private actors regarding personal data. From a global trade perspective, personal data is considered to be a trade facilitator, and in some cases personal data itself is the transaction. Conversely, governments regard personal data as a national asset to be used and safeguarded in terms of national security. Equally, personal data focuses on the data subject, who perceives it as a human right needing protection from unlawful and unauthorised use by public and private entities. Data subjects expect control and access to their data. To ensure continual protection, legal frameworks must align across international, continental, regional, and national levels, because personal data crosses borders. In 2021, Zimbabwe passed the Cyber and Data Protection Act (CDPA), its main data privacy law. This thesis assesses the adequacy of Zimbabwe's legal framework on data privacy and cross-border data transfers, including common and statutory laws, the Constitution, the CDPA and other sectoral laws. The thesis compares them to the EU's General Data Protection Regulation (GDPR) and South Africa's Protection of Personal Information Act (POPIA). Using an analytical and comparative approach, the thesis concludes that Zimbabwe’s legal framework lacks a balance or accommodation of other pertinent interests, and focuses more on national security interests. The thesis recommends a multidisciplinary approach to establishing a data-driven economy that safeguards personal data.
The challenges of securing convictions against the kingpins of organised crime in South Africa
(University of the Western Cape, 2024) Adams, Michelle Fiona
In recent years the citizens of South Africa have been inundated with reports about the scourge of violence and violent crime, often associated with gangs and organised crime syndicates.1 Despite the prevalence of such crimes, it is quite astounding how few investigations, prosecutions or convictions target the masterminds behind these operations. 2 Instead, it is usually the foot soldiers who bear the brunt of legal consequences, while the leaders of the criminal groups evade justice. 3 The quotes of Plato and Aristotle encapsulate the impetus for conducting research on this topic: “Poverty is the parent of revolution and crime”, by Aristotle4 (384-322 BC) and: “Good people don’t need laws to tell them to act responsibly....and bad people will find a way around the laws”, by Plato.5 These insights highlight the complex interplay of socioeconomic factors and legal enforcement in addressing crime. A substantial portion of the information in this study is drawn from personal experience.6 I have presided over numerous gang-related matters. In one particular case in the High Court, an accused testified that he started out as a drug dealer for a gang and received a monthly remuneration for his participation.
The influence of South Africa’s model of devolution in Kenya, Zimbabwe and Zambia: Why and how did the model, concepts and texts migrate?
(University of the Western Cape, 2025) Ziswa, Melissa Nyaradzo
The constitutional migration of models, concepts and texts is an old phenomenon. In Africa, developing countries are encouraged to learn from each other, especially since most African countries are in transitional stages of development. That is in line with the project of the African Renaissance, which advocates that Africans themselves seek solutions to African challenges and that any assistance from the outside should be tailored to uphold African ownership. The South African Constitution is revered in Africa and beyond as modern and progressive. It is thus not surprising that a number of its constitutional provisions, for example the Bill of Rights or the devolution model, migrated to other African countries. The South African devolution model conspicuously migrated to Kenya, Zimbabwe and Zambia, as evidenced by the resemblances in devolution concepts and texts. However, there is little understanding of how such migration took place. Furthermore, the phenomenon of exporting and importing similar devolution models, concepts and texts has not been the subject of extensive research. Comparative federalism traditionally focuses on the analysis of written constitutions (mostly Western) and their similarities and differences, yet pays only limited attention to constitutional migration, transformation processes, and the import and export dynamics of constitutional migration in the African context. This is the void that this study seeks to fill. The research question in this study examines the influence of South Africa’s devolution modelin Kenya, Zimbabwe and Zambia, considering why and how the model, concepts and texts migrated. The research consists of a desktop study of both primary and secondary sources, including systematic, qualitative and in-depth interviews with key actors who were involved in the constitution-making processes of South Africa, Kenya, Zimbabwe and Zambia.
Addressing technology-facilitated sexual violence in South Africa
(University of the Western Cape, 2024) Newton, Kerwin Mel
The fast development of Information and Communication Technologies (ICT) has greatly changed how we connect, communicate, and interact with the world. This research explores Technology-Facilitated Sexual Violence (TFSV), a new and evolving form of sexual and gender-based violence (SGBV) linked to the digital world. Fuelled by the fast development of ICT, TFSV changes how we think about sexual violence. It extends beyond physical spaces, spreading across digital platforms and covering a range of criminal and civil sexual offences committed through digital communication technologies. This research focuses on exploring the various forms of TFSV and its intersection with SGBV within the unique context of South Africa. TFSV includes actions like non-consensual sharing of intimate images, online harassment, cyberstalking, and virtual rape, highlighting the double-edged nature of technology. The study is grounded in a theoretical framework that blends feminist perspectives. This approach emphasises the unique harm caused by TFSV and shows the complex gender dynamics within the digital world. This thesis undertakes an analysis of both South African and international legal frameworks to evaluate whether current laws, at both domestic and global levels, are sufficient in addressing TFSV crimes. It also examines the roles and responsibilities of key stakeholders, such as service providers, online communities, law enforcement, and social media platforms, in managing and responding to TFSV incidents. Particular focus is placed on the challenges posed by the digital divide, which can limit the effectiveness of efforts to combat TFSV. In addition, the research explores the complex impact of TFSV on victims, including the emotional, psychological, and social consequences, while delving into the nuanced issue of consent in the digital environment. By offering a critical analysis of these various aspects, the thesis seeks to provide a deeper understanding of the challenges and intricacies involved in TFSV cases, ultimately advocating for more effective legal and societal responses to this growing problem.

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