http://localhost:8080/xmlui/handle/123456789/4242 School of Law Thu, 07 May 2026 14:53:05 GMT 2026-05-07T14:53:05Z http://localhost:8080/xmlui/handle/123456789/4327 Title: Assessing the Effectiveness of the Zimbabwe Human Rights Commission in Protecting the Right to a Healthy Environment in Hwange, Bulawayo and Gwanda Authors: Sibanda, Given Abstract: This study assesses the effectiveness of the Zimbabwe Human Rights Commission (ZHRC) in protecting the right to a healthy environment, specifically in the Hwange, Bulawayo, and Gwanda Districts. It examines the legal framework that empowers the ZHRC and assesses how well these provisions are implemented. Key criteria for evaluating effectiveness include timeliness, independence, transparency, and accountability. Through qualitative methods such as interviews and focus groups, the research gathered insights from community members, ZHRC officials, and civil society organisations. Findings indicate that while the ZHRC has made efforts, its complaint handling is often slow and inadequate, leading to mixed community perceptions and recognition of its role but frustration over ineffective remedies. The study highlights systemic challenges, including limited resources and political interference, which impede the ZHRC's accountability. Recommendations include establishing clear complaint procedures, enhancing community engagement, and raising awareness of rights. The research underscores the urgent need for stronger mechanisms to protect environmental rights and calls for greater government support to ensure the ZHRC can operate independently and effectively. Mon, 01 Jan 2024 00:00:00 GMT http://localhost:8080/xmlui/handle/123456789/4327 2024-01-01T00:00:00Z http://localhost:8080/xmlui/handle/123456789/4326 Title: Law and Equity: A Critical Analysis of Zimbabwe's Constitutional Obligation to Compensate Former White Commercial Farmers Under the Second Republic Authors: Sani, Standa Abstract: This study critically examines the tension between law and equity in Zimbabwe's constitutional obligation to compensate former white commercial farmers under the Second Republic, incorporating findings that resonate with Aristotelian concepts of justice and fairness. It explores the historical injustices perpetrated by British settlers, particularly through the Rudd Concession and the Land Apportionment Act, (1930), that facilitated the dispossession of indigenous populations while favoring the white minority. This racialized legal framework undermined principles of fairness and equity, necessitating a corrective approach that acknowledges past injustices and strives for a more equitable distribution of resources, in alignment with Aristotle’s vision of true justice. The research reveals the need to address deep-rooted historical injustices associated with land acquisition. This reinforces the importance of recognizing both the psychological and social impacts of colonial dispossession alongside material losses. The study also examines agricultural land compensation in other jurisdictions, highlighting the complexities and political implications of compensation mechanisms, particularly in South Africa, thereby underscoring the necessity for transparency and accountability in governance. Furthermore, the ongoing negotiations regarding compensation for land improvements illustrate the tensions between historical obligations and contemporary legal requirements. Section 72(7) of the Constitution reflects an understanding of historical dispossession and the need for reparative justice, suggesting that former colonial powers hold responsibility for compensation. This aligns with Aristotle's assertion that justice must be rooted in moral considerations. The findings advocate for several key recommendations, including implementing equitable land redistribution and compensation policies, enhancing public engagement and participation in decision-making processes, establishing a comprehensive reparations framework, ensuring policy consistency and clarity in land reform initiatives, and committing to continued research and monitoring of compensation mechanisms. These recommendations aim to promote social cohesion and equity while addressing historical injustices, thereby contributing to a comprehensive understanding of law and equity in the context of Zimbabwe's land reform. Mon, 01 Jan 2024 00:00:00 GMT http://localhost:8080/xmlui/handle/123456789/4326 2024-01-01T00:00:00Z http://localhost:8080/xmlui/handle/123456789/4325 Title: Caroline Authors: Nyamayaro Abstract: This study investigates the economic benefits of enforcing laws against child marriages in Zimunya, Mutare Rural District. The researcher aimed to explore the relationship between the criminalization of child marriages and its effects on the local economy, particularly focusing on household incomes, educational attainment, and employment opportunities. The central research problem addresses whether the enforcement of these laws results in economic benefits or challenges for families and the broader community in Zimunya. To achieve this, the researcher employed qualitative research methods, which included interviews to gather in-depth insights from community members. The sample size consisted of 20 participants, including parents/guardians of child marriage survivors (15), community leaders (3), and representatives from the Department of Social Development (2). Purposive sampling was employed to specifically target individuals with firsthand experience or in-depth knowledge of child marriage, ensuring the study's relevance while optimizing resource use. This approach allowed for a nuanced understanding of the local context and the diverse perspectives of stakeholders, including parents, educators, and community leaders. However, a significant challenge encountered was the sensitivity of the topic, which made some participants uncomfortable sharing their experiences. This discomfort potentially limited the depth of data collected, highlighting the need for careful handling of sensitive issues in future research. The findings indicate that criminalizing child marriages can lead to positive economic outcomes. For instance, increased educational opportunities for girls were noted, as families began to prioritize schooling over early marriages. This shift not only enhances individual prospects but also contributes to the overall economic development of the community by fostering a more educated workforce. Additionally, the study revealed that families who delayed marriages for their daughters experienced improved household incomes, as parents could invest more in education and skills development, leading to better employment opportunities. However, the transition to a legal framework that prohibits child marriages is not without its challenges. The research uncovered resistance from traditional practices and cultural norms that favor early marriages, which can create friction within communities. Some families expressed concerns about the economic benefits of delaying marriages, fearing that it might lead to increased financial burdens. Furthermore, the study highlighted the importance of community engagement and education in addressing these cultural barriers, suggesting that legal enforcement alone may not be sufficient to change deeply rooted practices. The implications of this research suggest that while legal frameworks are essential for protecting children, comprehensive community engagement and support systems are crucial for facilitating the transition and maximizing the benefits of such laws. Policymakers are encouraged to implement educational programs that raise awareness about the long-term benefits of delaying marriage and investing in children's education. The research underscores the complex interplay between legal measures and economic factors in addressing child marriages. The findings advocate for a holistic approach that combines legal enforcement with community education and support to ensure sustainable economic development. The research output does not appear to be patentable, as it primarily consists of qualitative findings and insights rather than a novel invention or process. Mon, 01 Jan 2024 00:00:00 GMT http://localhost:8080/xmlui/handle/123456789/4325 2024-01-01T00:00:00Z http://localhost:8080/xmlui/handle/123456789/4324 Title: Assessing the Effects of Inadequate Infrastructure Development in Shaping the Quality of Education in Rural Mzimba District, Malawi Authors: Nkhambule, Ganizani Abstract: The main aim of this study was to assess the effects of inadequate infrastructure development in shaping the quality of education in rural Mzimba District, Malawi. The study recognizes education as a fundamental human right, as enshrined in Article 26 of the Universal Declaration of Human Rights and other covenants such as the International Covenant on Economic, Social and Cultural Rights, which recognize the right to education directed towards the full development of human personality and dignity. The study also acknowledges the importance of quality education in alleviating poverty and achieving sustainable development while emphasizing the role of infrastructure in ensuring access to quality education, as adopted by the United Nations Sustainable Development Goals in 2015. The research examines educational infrastructure in rural Mzimba, focusing on the state of school buildings, classrooms, libraries, laboratories, and other facilities. It aims to identify challenges, evaluate impacts on educational outcomes, and advocate improvements. Human Capital Theory was employed as the theoretical framework, with the study guided by an interpretive paradigm. A qualitative, exploratory research design was utilized, employing purposive interviews and observations to gather data from key informants, including teachers, students, and community leaders. Data were analysed to inform meaningful presentations, discussions, conclusions, and recommendations. Findings revealed disparities in access to quality education due to poor infrastructure, resulting in high dropout rates, poor academic performance, diminished teacher morale, absenteeism, and poor educational service delivery. Such inadequacies impact national examination performance, career opportunities, and other learning outcomes. Interventions suggested include increased funding, rural school assessments, public-private partnerships, and improved provision of educational resources. The study advocates for policy changes and further research to improve access and quality of education in rural schools, ensuring that infrastructure deficits are addressed comprehensively. Mon, 01 Jan 2024 00:00:00 GMT http://localhost:8080/xmlui/handle/123456789/4324 2024-01-01T00:00:00Z