Browsing by Subject "terrorism"

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    Freedom of Religion and the headscarf: a perspective from international and comparative constitutional Law
    (2013) Osman, Fatima; Chirwa, Danwood M
    his thesis analyses whether a legislative ban on wearing a headscarf breaches the right to freedom of religion, as such right is universally understood. It describes the ambit of the right to freedom of religion by examining the theoretical justification and importance of the right and thereafter analysing how the right is recognised in international and regional treaties and domestic constitutions. It demonstrates that religious freedom comprises of the right to hold a religion and the right to manifest a religion in the form of worship, observance, practice and teaching. Religious freedom, however, is not absolute and the thesis explains in the light of international and comparative case-law that the right to freedom of religion may be limited by a law that pursues a legitimate state interest and is reasonable. In light of this theoretical framework the thesis examines the practice of Muslim women wearing a headscarf and argues that the practice constitutes a manifestation of Islamic belief protected by the right to freedom of religion. Thereafter this thesis examines French, Turkish and German prohibitions on wearing a headscarf, the effect of these laws on Muslim women and the justifications furnished for such laws. It is argued that the state interest of preserving secularism relied upon to justify a headscarf ban is not legitimate and does not justify a headscarf ban. Furthermore, even where the state has a legitimate interest in preventing the coercion of young girls, promoting the equality rights of women and maintaining safety and order, a headscarf ban does not constitute a reasonable limitation of religious freedom. Ultimately, this thesis argues that a headscarf ban exacerbates the problems it is meant to solve and constitutes an unjustifiable infringement of religious freedom.
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    The capacity and efficacy of security agencies in combating terrorism in the democratic South Africa
    (2025) Ndou, Oliver; Kinnes, Irvin
    Terrorism is a complex phenomenon that requires a complex response that involves state capacity and partnership between countries. It poses a threat to global stability because it undermines democratic architecture. Worldwide, terrorism has inflicted significant loss of life, destabilised governments, and created humanitarian crises. In Africa, it presents another dilemma. Countries around the Horn of Africa, such as Somalia, in West Africa, and the Sahel states such as Mali are bedeviled by the existence of groups such as Al-Shabaab, ISIS, and Boko Haram. South Africa is also facing terrorism challenges. It has been used as a helipad for terrorism financing and a transit point because of its complex financial institutions and its perceived incapacity to deal with this phenomenon. The aim and objectives of this research were to determine the capacity and efficacy of security agencies in combating terrorism in democratic South Africa. The research further analysed the manifestation of domestic and international terrorism as perceived in South Africa. Furthermore, a comparative overview of counter-terrorism measures from developed and developing countries was evaluated as a flagship for the South African context. Qualitative research was used in the collection of data. The population was derived from a sample of terrorism and security experts who know the subject matter. Various research tools were developed for collecting data, and these included interviews, questionnaires, recording devices, and document analysis. An interactive qualitative analysis of data was used. The research confirmed that the security agencies are not well-capacitated to combat terrorism in South Africa. However, the research recommended that an integrated, holistic approach is necessary to combat terrorism through collaboration among the various departments of the security agencies.