Browsing by Author "Mujuzi, Jamil Ddamulira"
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Addressing wrongful convictions or miscarriages of justice in the BRICS nations
Mujuzi, Jamil Ddamulira (University of Tyumen, 2022)For many decades, international human rights law has recognised the danger of wrongful convictions and miscarriages of justice. It is against this background that measures have been taken to prevent or combat wrongful ... -
The admissibility in Namibia of evidence obtained through human rights violations
Mujuzi, Jamil Ddamulira (Pretoria University Law Press, 2016)Unlike the case in other African countries, such as South Africa, Kenya and Zimbabwe, the Namibian Constitution does not require courts to exclude evidence obtained through human rights violations if the admission of that ... -
The admissibility of evidence obtained through human rights violations in Mauritius
Mujuzi, Jamil Ddamulira (Juta Law Publishing, 2018)The Constitution of Mauritius, unlike those of South Africa, Zimbabwe and Kenya, does not guide courts on the issue of the admissibility of evidence obtained through human rights. Jurisprudence from Mauritius shows courts ... -
The African Commission on Human and Peoples' Rights and the promotion and protection of refugees' rights
Mujuzi, Jamil Ddamulira (Pretoria University Law Press (PULP), 2009)African countries have been host to and have produced refugees for decades. These refugees have fled their countries for various reasons, including political and religious reasons. Many African countries are party to the ... -
Bank secrecy: Implementing the relevant provisions of the United Nations Convention against corruption in South Africa
Mujuzi, Jamil Ddamulira (University of the Western Cape, 2016)For many decades South African law has recognised a bank's duty to keep its client's information confidential. This is popularly known as bank secrecy. However, this duty is not absolute. National and international law ... -
The conditional early release of offenders transferred from the Special Court for Sierra Leone to serve their sentences in designated states: some observations and recommendations
Mujuzi, Jamil Ddamulira (Juta Law, 2014)The Special Court for Sierra Leone (SCSL) (now the Residual Special Court for Sierra Leone) convicted various offenders of crimes, such as war crimes and crimes against humanity. These convicted offenders were sentenced ... -
The conundrum of intestate succession for Muslims in Uganda: Gadhis court, women’s rights, and I Islamic inheritance law issues
Mujuzi, Jamil Ddamulira (Al-Ahwal Research Centre Department of Islamic Family Law, Faculty of Sharia and Law, UIN Sunan Kalijaga, 2023)During the 2018–2022 process to amend the Succession Act, Muslims in Uganda requested a separate law to regulate their inheritance. However, this was rejected by the Parliamentary Committee. As a result, Muslims are governed ... -
Diversion in the South African criminal justice system: emerging jurisprudence
Mujuzi, Jamil Ddamulira (Juta Law, 2015)On 1 April 2010 the South African Child Justice Act (CJA or the Act) commenced. The long title of the Act states, inter alia, that the purpose of the Act is 'to establish a criminal justice system for children, who are in ... -
Domestic courts and the promotion and protection of the right to freedom from torture in Southern African development community countries
Mujuzi, Jamil Ddamulira (University of Fort Hare, 2013)The right to freedom from torture is protected not only in the constitutions of all SADC countries but also in some of the regional and international human rights instruments that have been signed, ratified or acceded to ... -
Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in South Africa
Mujuzi, Jamil Ddamulira (Pretoria University Law Press (PULP), 2015)Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through ... -
From archaic to modern law: Uganda's Refugees Act 2006 and her international obligations
Mujuzi, Jamil Ddamulira (The Human Rights and Peace Center (HURIPEC), 2008)Uganda enacted its first law to deal with refugees in 1955, which was repealed in 1960 by the Control of Alien Refugees Act. While the 1960 law was still in force, Uganda ratified international and regional human ... -
How should the most evil of law breakers be punished: The death penalty vs life imprisonment in Uganda, 1993 – 2009
Mujuzi, Jamil Ddamulira (The Human Rights and Peace Center (HURIPEC), 2011)Article 22(1) of 1995 Constitution of Uganda protects the right to life and provides that it can only be taken away in the ‘execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect ... -
Implementing Article 45 of the UN Convention against Corruption in Africa: prospects and challenges
Mujuzi, Jamil Ddamulira (Nomos Verlagsgesellschaft mbH, 2013)Article 45 of the United Nations Convention against Corruption empowers states parties to enter into bilateral or multilateral agreements or arrangements on the transfer of offenders convicted of offences in one country ... -
International human rights law and foreign case law in interpreting constitutional rights: The Supreme Court of Uganda and the death penalty question.
Mujuzi, Jamil Ddamulira (Pretoria University Law Press (PULP), 2009)On 21 January 2009, the Supreme Court of Uganda handed down a judgment in which it held that the death penalty was constitutional, that a mandatory death sentence was unconstitutional, that hanging as a mode of execution ... -
The Islamic Law of Marriage and Inheritance in Kenya
Mujuzi, Jamil Ddamulira (Cambridge University, 2021)Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. ... -
Kenya Kenyan Kadhis’ courts and their application of the Islamic law of divorce and distribution of property at the dissolution of marriage
Mujuzi, Jamil Ddamulira (Cambridge University Press, 2021)Kenya does not have a State religion. Muslims are estimated to constitute than 10% of the Kenyan population. The ‘Kenyan Islamic practice … is predominantly Sunni with a Shafi intellectual tradition.’ However, there are ... -
Legal pluralism and the right to family life and the transfer of offenders who are nationals of African countries, within Africa to Africa
Mujuzi, Jamil Ddamulira (Routledge Taylor Francis Group, 2013)Globalisation has been accompanied by, inter alia, the movement of people from their countries of nationality or citizenship to other countries in search of better opportunities. Some of these people have been convicted ... -
Life imprisonment in South Africa: yesterday, today, and tomorrow
Mujuzi, Jamil Ddamulira (Juta Law, 2009)Life imprisonment has been part of South Africa's penal regime for decades. This article analyses how this form of punishment has changed in meaning in since 1906. The author looks at life imprisonment during the death ... -
The making of Uganda's equal opportunities commission act and its interpretation by the commission
Mujuzi, Jamil Ddamulira (Cambridge University Press, 2023)Article 32(3) of the Constitution of Uganda (1995) establishes the Equal Opportunities Commission; section 14 of the Equal Opportunities Commission Act provides for the functions of the Commission. These include ensuring ... -
Making sense of the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions
Mujuzi, Jamil Ddamulira (Pretoria University Law Press (PULP), 2011)In October 2010, the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions came into force. As the name suggests, the law is applicable to offenders sentenced to life imprisonment with special provisions. ...