Paul S Masumbe
Biographic Data
| ID | 10174881 |
|---|---|
| NAME | Paul S Masumbe |
| GIVEN NAMES | Paul S |
| FAMILY NAME | Masumbe |
| SIGNATURE | MASUMBE P S |
| AFFILIATIONS | Walter Sisulu University |
| ORCID | 0000-0002-9997-4125 |
| VERIFIED | Yes |
| TOTAL WORKS | 14 |
| TOTAL CITATIONS | 0 |
| WORKS AS AUTHOR | 14 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2023 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 0 |
Analysing the adequacy of domestic and international legal frameworks for the protection of children’s rights
The purpose of this article was to examine how well South Africa’s domestic and international legal frameworks protect children’s rights, especially in custody disputes where abuse is alleged. This study analysed the adequacy of domestic and international legal frameworks for the protection of children’s rights in South Africa, with a particular focus on custody disputes involving allegations of child abuse. A qualitative, desktop-based research …
Balancing rights and public safety
This paper examines the ongoing debate on arrest and bail reform in South Africa, focusing on the constitutional values of dignity, equality, and personal liberty. It responds to concerns about arbitrary arrests, prolonged pre-trial detention, and the unequal application of bail laws that often disadvantage poor and vulnerable groups. Central to the discussion are the South African Law Reform Commission’s proposed amendments to the Criminal Proce…
Regulating Institutional Mergers in South African Higher Education
This study examines the application of Section 11 of the Competition Act 89 of 1998 in the regulation of mergers and acquisitions in South African higher education. Section 11 aims to prevent anti-competitive practices that could harm consumers and restrict market competition, while allowing institutions to consolidate resources to improve efficiency and accessibility. The study explored the tension between promoting competition and supporting in…
Balancing Constitutional Protections and Parental Rights
The purpose of this study was to critically examine the legal and practical frameworks governing child custody and abuse cases in South Africa. It aimed to assess how constitutional protections, the roles of Family Advocates, social workers, law enforcement, and international norms intersect in custody disputes, particularly where abuse allegations arise. The study sought to identify gaps and challenges in the current system and to provide insigh…
The Exercise of Universal Jurisdiction for Specific Crimes and the Complementarity Principle of the Rome Statute under South Africa’s Legal System
Universal Jurisdiction (UJ) is one of the most effective judicial mechanisms used by the courts to combat and prevent the proliferation of some international crimes that have shocked humankind. One common means of exercise UJ, is through international treaties signed by civilised nations of the world. Accordingly, the Rome Statute is a treaty providing devices for the prosecution of crimes under Article 5 by both member states and non-member stat…
Algorithmic Justice in South Africa
This paper investigated the intersection between emerging algorithmic technologies and the enforcement of human rights within South Africa’s legal system. As artificial intelligence (AI) becomes increasingly integrated into legal processes ranging from predictive policing to judicial decision-making, urgent questions arise regarding the compatibility of such technologies with constitutional protections, ethical standards, and democratic accountab…
Mandatory Vaccinations at the Workplace during Covid-19 Times in South Africa
The purpose of the study was to analyse mandatory vaccinations at the workplace during COVID-19 times in South Africa. COVID-19 was first identified in March 2020 in South Africa. The National State of Disaster was ended by the President on 4 April 2022. However, while economic activities were gradually opening to revive the economy, some employers had issued mandatory vaccinations to all their employees at their workplaces. This was regarded in …
An Enemy from the East or Friends with Benefits
Over the past decade, Africa’s trading relationship with China has been growing exponentially. Most African countries have welcomed the trading policies and opportunities offered by China over other Western superpowers. With the emergence of the BRICS (Brazil, Russia, India, China and South Africa) bloc, and South Africa leading other African countries to join this grouping, Africa’s trading relationship will be greatly influenced by China and BR…
The Foundational Blunders of Human Rights and the Naturalisation of Refugees under International Law
This paper traces the historical antecedents of the displacement of rights pertaining to the naturalisation of refugees and the foundational blunders of human rights inherent under international law. With more than 36 million recognised refugees worldwide as of 2024, the vexed question of the naturalisation of refugees is timelier than ever to revisit. Divided into seven parts from introduction to conclusion, this paper analysed why the current h…
The Evaluation of the Protection of Mineworkers in the Workplace
Mining in South Africa is said to be the driving force behind the history and development of the country’s economy. For mining to operate there must be people who are employed and responsible for the duties that are carried out during mining processes. The Labour Relations Act 66 of 1995 protects mineworkers as employees. Despite this, there are still significant obstacles that mineworkers must overcome at work. Owing to the nature of their work,…
The Travails of Prosecuting Serving Heads of State before the ICC
Even though the International Criminal Court (ICC) is more than two decades after the Rome Statute was ratified by state parties, prosecuting serving heads of state before its jurisdiction has been a nightmare, albeit the Court does not recognise immunities before its jurisdiction. Accordingly, waiving the personal immunity of serving heads of state has been one of the greatest contentions before the Court as seen in the Al Bashir case. While coo…
States Cooperation in Arresting Senior State Officials and Sitting Heads of State under International Criminal Law
Albeit the Rome Statute does not recognise the immunity of incumbent presidents before the International Criminal Court (ICC), prosecuting sitting presidents of non-parties states has become a debacle. Accordingly, despite the decisions of the Supreme Court of Appeal of South Africa and the Pre-Trial Chamber II of the ICC against non-compliance of South Africa and Jordan respectively in the arrest of Al Bashir as the serving President of Sudan, A…
An Assessment of the Adequacy of Online Consumers’ Protection Laws
Globally, electronic commercial transactions have been rising at a rapid rate. In the context of South Africa, this upward trend is associated with the high rates of mobile technology penetration evinced by using mobile devices like laptops, cell phones, smartphones, tablets, and other emerging electronic tools. Given that the laws and policy framework regulating e-commerce transactions is relatively new and at a developmental stage in the countr…
A Narrative of Marikana Tragedy Against Right to Life and Right to Human Dignity Under the South African Constitution
The purpose of the study was to assess the events in Marikana against the elements of life and dignity as fundamental rights listed in the Bill of Rights in the South African Constitution of 1996 hereafter referred to as the Constitution. This paper argued that stakeholders ignored workers’ rights especially the right to life and dignity at the expense of corporate profit. This paper therefore assessed the Farlam Commission’s findings on the huma…
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The Travails of Prosecuting Serving Heads of State before the ICC
Even though the International Criminal Court (ICC) is more than two decades after the Rome Statute was ratified by state parties, prosecuting serving heads of state before its jurisdiction has been a nightmare, albeit the Court does not recognise immunities before its jurisdiction. Accordingly, waiving the personal immunity of serving heads of state has been one of the greatest contentions before the Court as seen in the Al Bashir case. While coo…
States Cooperation in Arresting Senior State Officials and Sitting Heads of State under International Criminal Law
Albeit the Rome Statute does not recognise the immunity of incumbent presidents before the International Criminal Court (ICC), prosecuting sitting presidents of non-parties states has become a debacle. Accordingly, despite the decisions of the Supreme Court of Appeal of South Africa and the Pre-Trial Chamber II of the ICC against non-compliance of South Africa and Jordan respectively in the arrest of Al Bashir as the serving President of Sudan, A…
An Assessment of the Adequacy of Online Consumers’ Protection Laws
Globally, electronic commercial transactions have been rising at a rapid rate. In the context of South Africa, this upward trend is associated with the high rates of mobile technology penetration evinced by using mobile devices like laptops, cell phones, smartphones, tablets, and other emerging electronic tools. Given that the laws and policy framework regulating e-commerce transactions is relatively new and at a developmental stage in the countr…
A Narrative of Marikana Tragedy Against Right to Life and Right to Human Dignity Under the South African Constitution
The purpose of the study was to assess the events in Marikana against the elements of life and dignity as fundamental rights listed in the Bill of Rights in the South African Constitution of 1996 hereafter referred to as the Constitution. This paper argued that stakeholders ignored workers’ rights especially the right to life and dignity at the expense of corporate profit. This paper therefore assessed the Farlam Commission’s findings on the huma…
Mandatory Vaccinations at the Workplace during Covid-19 Times in South Africa
The purpose of the study was to analyse mandatory vaccinations at the workplace during COVID-19 times in South Africa. COVID-19 was first identified in March 2020 in South Africa. The National State of Disaster was ended by the President on 4 April 2022. However, while economic activities were gradually opening to revive the economy, some employers had issued mandatory vaccinations to all their employees at their workplaces. This was regarded in …
An Enemy from the East or Friends with Benefits
Over the past decade, Africa’s trading relationship with China has been growing exponentially. Most African countries have welcomed the trading policies and opportunities offered by China over other Western superpowers. With the emergence of the BRICS (Brazil, Russia, India, China and South Africa) bloc, and South Africa leading other African countries to join this grouping, Africa’s trading relationship will be greatly influenced by China and BR…
The Foundational Blunders of Human Rights and the Naturalisation of Refugees under International Law
This paper traces the historical antecedents of the displacement of rights pertaining to the naturalisation of refugees and the foundational blunders of human rights inherent under international law. With more than 36 million recognised refugees worldwide as of 2024, the vexed question of the naturalisation of refugees is timelier than ever to revisit. Divided into seven parts from introduction to conclusion, this paper analysed why the current h…
The Evaluation of the Protection of Mineworkers in the Workplace
Mining in South Africa is said to be the driving force behind the history and development of the country’s economy. For mining to operate there must be people who are employed and responsible for the duties that are carried out during mining processes. The Labour Relations Act 66 of 1995 protects mineworkers as employees. Despite this, there are still significant obstacles that mineworkers must overcome at work. Owing to the nature of their work,…
Balancing Constitutional Protections and Parental Rights
The purpose of this study was to critically examine the legal and practical frameworks governing child custody and abuse cases in South Africa. It aimed to assess how constitutional protections, the roles of Family Advocates, social workers, law enforcement, and international norms intersect in custody disputes, particularly where abuse allegations arise. The study sought to identify gaps and challenges in the current system and to provide insigh…
The Exercise of Universal Jurisdiction for Specific Crimes and the Complementarity Principle of the Rome Statute under South Africa’s Legal System
Universal Jurisdiction (UJ) is one of the most effective judicial mechanisms used by the courts to combat and prevent the proliferation of some international crimes that have shocked humankind. One common means of exercise UJ, is through international treaties signed by civilised nations of the world. Accordingly, the Rome Statute is a treaty providing devices for the prosecution of crimes under Article 5 by both member states and non-member stat…
Algorithmic Justice in South Africa
This paper investigated the intersection between emerging algorithmic technologies and the enforcement of human rights within South Africa’s legal system. As artificial intelligence (AI) becomes increasingly integrated into legal processes ranging from predictive policing to judicial decision-making, urgent questions arise regarding the compatibility of such technologies with constitutional protections, ethical standards, and democratic accountab…
Analysing the adequacy of domestic and international legal frameworks for the protection of children’s rights
The purpose of this article was to examine how well South Africa’s domestic and international legal frameworks protect children’s rights, especially in custody disputes where abuse is alleged. This study analysed the adequacy of domestic and international legal frameworks for the protection of children’s rights in South Africa, with a particular focus on custody disputes involving allegations of child abuse. A qualitative, desktop-based research …
Balancing rights and public safety
This paper examines the ongoing debate on arrest and bail reform in South Africa, focusing on the constitutional values of dignity, equality, and personal liberty. It responds to concerns about arbitrary arrests, prolonged pre-trial detention, and the unequal application of bail laws that often disadvantage poor and vulnerable groups. Central to the discussion are the South African Law Reform Commission’s proposed amendments to the Criminal Proce…
Regulating Institutional Mergers in South African Higher Education
This study examines the application of Section 11 of the Competition Act 89 of 1998 in the regulation of mergers and acquisitions in South African higher education. Section 11 aims to prevent anti-competitive practices that could harm consumers and restrict market competition, while allowing institutions to consolidate resources to improve efficiency and accessibility. The study explored the tension between promoting competition and supporting in…
Political science (8 works) · Law (7 works) · Legal Issues in South Africa (6 works) · Human rights (4 works) · Business (3 works) · Computer Science (3 works) · Economic Justice (3 works) · Fundamental rights (3 works) · International law (3 works) · International Law and Human Rights (3 works)