Robert Nanima

Robert Nanima
University of the Western Cape | uwc · Criminal Law and Procedure (Faculty of Law)

LLD

About

56
Publications
19,746
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Citations
Introduction
Robert Nanima is Senior Lecturer in the Department of Criminal Justice and Procedure at the Faculty of Law, University of the Western Cape. He is a member of the African Committee of Experts on the Rights and Welfare of the Child, and the Special Rapporteur on Children Affected by Armed Conflict in Africa. He continues to conduct research in Children Rights, Public Law and Criminal Law and Socio-economic rights of vulnerable communities.
Additional affiliations
October 2020 - present
University of the Western Cape
Position
  • Senior Lecturer
January 2019 - September 2020
University of the Western Cape
Position
  • Lecturer
July 2018 - December 2018
University of the Western Cape
Position
  • Lecturer
Education
July 2016 - July 2018
July 2014 - November 2015
July 2005 - July 2006
Law Development Centre Kampala
Field of study
  • Legal Proactice

Publications

Publications (56)
Article
Full-text available
The African Court on Human and Peoples’ Rights is a distinct body that protects human rights and develops jurisprudence in international and regional law. It is on this basis that it often awards compensation for human rights violations. However, while the Court gives reasons for compensation for pecuniary loss, it does not do so for nonpecuniary l...
Technical Report
Full-text available
This study aims to document the role, functions, challenges and regulation of paralegals in Ghana, Nigeria, Zambia, Tanzania, Mozambique and Uganda. It documents good practices that can be replicated in other African countries. At its core, the study evaluates the legal recognition of paralegals or community-based paralegals (CBPs) in the selected...
Article
Full-text available
Several international and regional human rights instruments guarantee the right to health of individuals including persons with disabilities and marginalised groups. Emerging reports from international organisations and the Committee on the Rights of Persons with Disabilities reiterate the obligations of state parties to ensure the enjoyment of hea...
Article
Full-text available
The African Charter on the Rights and Welfare of the Child provides for the protection of children in all environments. Areas that have experienced armed conflict have made the child susceptible to human rights violations including violence through sexual offences and violation of civil and political as well as socio-economic rights. An evaluation...
Chapter
Full-text available
Various steps have been taken in both East and Southern Africa to combat the vice of money laundering. Notable steps are evident in Kenya as the business hub for East Africa. The era of globalisation has without a doubt led to various advantages such as transnational modernisation, marketing of predominant consumerist values. While this has to a gr...
Chapter
Full-text available
Globalisation has played a key role in the fight and restrictions on Covid-19, with a move from the physical to the digital engagement of various matters. In the same vein, a lot of literature has been stated on the effects of Covid-19 on civil and political rights as well, especially during the first, second and third waves. There have indeed been...
Article
Full-text available
Africa has gained much traction in recognising the rights of the child with an emphasis on his or her holistic environments. Three general environments that affect a child are identified: first, a peaceful environment informed by adequately functional institutions that aid the implementation of all laws that improve the position of the child; secon...
Article
Full-text available
Statistics indicate that at least one in every four African children lives in a conflict zone. Six of the ten worst countries for children to grow up in, or live in, are in Africa: the Central African Republic, the Democratic Republic of Congo, Mali, Nigeria, Somalia and South Sudan. It is widely observed that economic crimes continue to disrupt th...
Chapter
Full-text available
Uganda has an estimated 775,000 unintended pregnancies per annum, of which 25% are among adolescents.1 It is estimated that 297,000 (38.3%) mothers have abortions carried out, usually in dangerous health conditions. These include lack of qualified health practitioners and medication. This still does not engage the reasons that inform the woman’s de...
Article
This article evaluates the approach by the South African Courts concerning the constitutionality of the declaration of national disaster and the Covid-19 regulations. It sets the tone by evaluating the approach in Kenya in contrast with the South Africa position. A look at the rising tensions between human rights protection and public law informs t...
Article
Full-text available
The normative framework of the African Commission, which regulates the admission of evidence obtained through human rights violations, is largely based on a number of instruments. These include the Tunisian Resolution, the Dakar Declaration, the Robben Island Guidelines and the Principles and Guidelines on the Right to a Fair Trial and Legal Repres...
Chapter
Full-text available
Under the laws of Kenya, the best interests’ principle is a key consideration in all matters affecting children. A topical issue is its’ report on the realisation of the SDG Agenda. Closely related to the same is Kenya’s adoption of the Sustainable Development Goals in 2015 – including target 16.2 concerning abuse, exploitation, trafficking and all...
Chapter
Full-text available
Kenya was among the various countries that presented a Voluntary National Review Report in 2017. In the context of the Sustainable Development Goal 16.3, a close reading of the 2017 Report shows some strong and weak points. Kenya is preparing its second Voluntary National Review Report at the next High-Level Political Forum in 2020. This contributi...
Article
The application of the Uganda Judicature (Visual-Audio Link) Rules does not contextualise the complete protection of an accused’s right to a fair trial during emergencies. A contextualisation of the right to a fair trial in international law and under Uganda's domestic law is done. An evaluation of the application of the Visual-Audio Rules in the c...
Technical Report
Full-text available
The Socio-economic Rights Project (SERP) at the Dullah Omar Institute recently released a report on the Socio-economic Rights Impact of COVID-19 in Selected Informal Settlements in Cape Town. The report assesses the legality of measures adopted by the government to curtail COVID-19. It also looks at the implications of the lockdown on the socio-eco...
Article
Full-text available
At the time of writing, more than 5.2 million persons have been infected by Covid-19, leading to 340,000 deaths, while about 2.2 million people have recovered (WHO 2020). South Africa has reported 23,000 infections and 481 deaths (DoH 2020). On 27 March 2020, South Africa declared a national state of disaster and effected a national lockdown. This...
Chapter
Malawi is a signatory to various international and regional instruments advocating for women’s rights. However, the patriarchal nature of customary marriage laws, as well as the poverty most rural women live in, works against the realisation of such rights. In order to address these challenges, the Malawi government has, among other strategies, ref...
Article
Full-text available
The Joint General Comment of the African Commission on Human and People’s Rights (ACHPR) and African Committee on the Rights and Welfare of Children (ACERWC) on Ending Child Marriages (hereafter Joint General Comment) (ACERWC 2017) raises both a topical matter – ending child marriages in Africa – as well as a technical legal issue. As has been wide...
Article
Full-text available
At the seventy-third session of the General Assembly, held on 27 July 2018, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (Special Rapporteur) addressed the General Assembly. This report formed item 74(b) of the provisional agenda covering issues relating to the pro...
Technical Report
Full-text available
The United Nations High-level Political Forum on Sustainable Development is an annual event where countries take stock of their progress towards the achievement of the Sustainable Development Goals. This report evaluates the status of the Voluntary National Reviews of selected countries in Africa and the extent to which they show progress in achiev...
Article
Full-text available
Education empowers individuals to develop the skills needed for economic success in order to contribute to nation-building and reconciliation. Following South Africa's ratification of the International Covenant on Economic, Social and Cultural Rights, there were mixed reactions on account of the much-anticipated ratification, on the one hand, and t...
Article
Full-text available
At the 38th session of the Human Rights Council, held on 18 June to 6 July 2018, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (Special Rapporteur) addressed the General Assembly. His report formed part of the Agenda as item 3, which covered issues on the promotion...
Article
Full-text available
Writing centres play a vital role in guiding students in their academic writing. Central to this role is their physical location at tertiary institutions, where students usually walk in and schedule appointments with writing tutors. The recent #FeesMustFall protests saw the temporary closure of universities across South Africa. As a result, the fun...
Article
Full-text available
The continuous rising levels of rhino poaching in South Africa require smart strategies that move beyond prosecuting the actual poachers to engaging the transnational criminals who deal with the rhino horn after it leaves the country. In this regard, South Africa has a number of laws that deal with the poaching of rhino horns. The Prevention of Org...
Article
The enactment of the Human Rights (Enforcement) Act comes at a time when the Constitution of the Republic of Uganda, 1995 and national legislation remain silent on the issue of dealing with evidence obtained through human rights violations. The exception is in the Prohibition and Prevention of Torture Act of 2012 that deals with the admissibility o...
Chapter
While refugees are entitled to the enjoyment of human rights in host States, the realities of the latter affect this narrative. Children as a vulnerable group of persons are not an exception to this position. Based on Kenya, this chapter argues that the protection of children extends from areas of origin to host States or territories. The chapter u...
Article
In South Africa, voice identification parades in criminal trials are very rare. Consequently, convictions based mainly on such evidence are not common in South Africa. The conviction of the accused in S v Mahlangu (2018) based exclusively on evidence from such a voice parade therefore evokes interest and closer scrutiny. Such interest is intensifie...
Article
Full-text available
In Centre for Health Human Rights & Development and 3 Others v Attorney General (CEHURD) (2011), the petitioner questioned the constitutionality of the Ugandan government’s failure to provide basic maternal health services in the context of the right to health. While the Constitutional Court qualified the use of the ‘political question doctrine’ (P...
Article
The purpose of Parliamentary scrutiny and debates in drafting a law is to avoid ambiguity, vagueness and definitional deficiencies. The penal provisions in the criminal laws should be clear on the acts that constitute the offence, and the intention of the accused person. A look at the drafting history of a law may aid one to ascertain the intention...
Article
Full-text available
The right to health is a social and economic right that requires progressive realisation by states (Chenwi 2013). Although Uganda’s Constitution does not provide for the right to health, the country is a signatory to the International Covenant on Economic, Social and Cultural Rights (UN General Assembly 1966). The Constitution contains other social...
Article
Full-text available
The issue of admission of evidence obtained through human rights violations is central to a criminal justice system as a mechanism through which to prevent overzealous prosecution by the state and ensure protection of human rights. As such, any court that deals with criminal cases has to evaluate evidence before it is admitted. This article argues...
Article
Full-text available
In Uganda, an accused person enjoys a right to a fair trial. It is a requirement that the circumstances surrounding the collection and admission of evidence do not violate this right. This article argues that the use of entrapment in cases of corruption may lead to an abuse of the fair trial rights of an accused. The lack of a legislative framework...
Article
Peer tutoring in higher education aims to enhance student learning, and confidence. In writing centres, peer writing tutors use critical questioning to make the tutorial sessions student-focused and productive. The nature of questions influences the outcomes of the tutorials, yet research has not devoted sufficient time to unpacking what form this...
Article
Full-text available
Peer tutoring in higher education aims to enhance student learning, and confidence. In writing centres, peer writing tutors use critical questioning to make the tutorial sessions student-focused and productive. The nature of questions influences the outcomes of the tutorials, yet research has not devoted sufficient time to unpacking what form this...
Article
Full-text available
This article examines the normative context of the African Commission on Human and Peoples' Rights in dealing with evidence obtained through human rights violations, and whether it serves its purpose. It unpacks the concept of a norm and uses the liberal school of thought as the theoretical framework, which informs the adoption of legal norms at th...
Chapter
The world witnessed a bloodless change of government from Zimbabwe’s Robert Mugabe to Emmerson Mnangagwa. The process that enfolded saw the military engage the then President to step down on the grounds to protect the successes of the revolution. A couple of months later, the former president, Robert Mugabe who cries foul, indicates that the curren...
Article
There has been a focus on the prosecution of persons who are arrested in the course of poaching rhinos in national parks, other than the members who form the higher echelons of the networks. This contribution advances the argument that there is need to create a framework that leads to the prosecution of the higher echelons of the organised crime gr...
Article
Full-text available
This article evaluates the existence of a parallel refugee regime in Kenya. The Executive decides on policies and oversees the enactment of laws to regulate the inflow of refugees under the encampment policy. The Judiciary hands down decisions that ensure that only policies and laws, which uphold human rights and constitutional standards, are used....
Article
Full-text available
The Uganda legal regime relies on the discretion of the courts in dealing with improperly obtained evidence. While various theories explain the need to exclude evidence, understanding their rationales sheds light on evaluating why the courts deal with this kind of evidence in the way they do. This article offers an assessment of selected decisions...
Article
Plea bargaining under common law is not new to Uganda’s criminal justice system. It is, however, not provided for in any statutes. In addition, it is widely used by the various institutions in the criminal justice system. Its inadequacy in dealing with Uganda’s case backlog is evident in the use of various initiatives like “Quick Wins” and the “Com...
Article
Full-text available
Parole for offenders serving life sentences has ignited questions in media reports and political circles. This complexity becomes a touchy issue when it leaves more questions than answers after the grant or decline to place offenders on parole. This article evaluates the discretion of the minister to decline to grant parole under section 78(2) of t...
Conference Paper
This paper evaluates the trends in the development of the jurisprudence of the African Commission on Human Rights on evidence obtained through human rights violations and argues that there has been a limited development of this jurisprudence. It makes three submissions to substantiate this argument. First, for the greater part, the developments und...
Article
Full-text available
The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only the Prohibition and Prevention of Torture Act of 2012 that renders evidence obtained through torture and cruel, inhuman and degr...
Article
Full-text available
The Constitution of the Republic of Uganda, 1995 (Constitution of 1995) is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the Constitutions 1962, 1966 and 1967. It is only the Prohibition and Prevention of Torture Act of 2012 that renders evidence obtained through torture inadmissible. T...
Article
The Constitution of the Republic of Uganda 1995, provides that no person shall be charged with, or convicted, of a criminal offence which is founded on an act or omission that did not at the time it took place, constitute a criminal offence. The intention of Parliament to create jurisdiction for the Magistrates’ Courts to try defilement, as a way o...
Article
Full-text available
The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only the Prohibition and Prevention of Torture Act of 2012 that renders evidence obtained through torture and cruel, inhuman and degr...
Research
An examination of the Human Rights Council, since its inception is done; relaying the advantages and shortfalls.
Research
An examination of informal plea bargaining in Uganda, statutory plea and sentence agreements in south africa and the position at common law, to create arguments for the need to enact a law to regulate the same in Uganda.
Research
the publication examines how the human rights committee has grappled with arbitrary deprivation of life
Research
the publication gives an international human rights perspective of the human rights implications of the 2014 amendments to Kenya's Security Amendment Act on refugees
Research
This publication analyses drafting history of the Penal Code Act, and its effects on the right to an accused person; in light of it's retrospective application.
Research
The author examines the statutory requirement for the need to prove exceptional circumstances in bail applications in South Africa and how Courts have interpreted this provision, over a decade later. The publication examines where the perceived violation of human rights have been remedied by judicial decisions since the amendment to the Criminal Pr...
Research
Full-text available
Evaluation of the statutory provisions relating to statutory entrapments and the need for reform.
Conference Paper
Research on writing centre theory and practice is indubitably wide. However, we believe that attention to specific contexts might increase depth to the understanding of approaches. This is very significant especially in a situation where the roles of peer tutors and tutees are often either misinterpreted or misrepresented. This paper reports on the...

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