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Appropriate dispute resolution for women married under customary law in Malawi, with special reference to marital violence
As a dispute resolution service provider, the justice system ought to provide effective legal remedies to address the justice needs of people. Apart from having the capacity to provide the legal remedies, the system has to be accessible as well. In marital violence disputes, one of the general inter...
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| Format: | Thesis |
| Language: | English |
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Department of Private Law
2017
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| _version_ | 1867613195459362816 |
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| access_status_str | Open Access |
| author | Msokera, Chisomo Harvey |
| author2 | Himonga, Chuma |
| author_browse | Himonga, Chuma Msokera, Chisomo Harvey |
| author_facet | Himonga, Chuma Msokera, Chisomo Harvey |
| author_sort | Msokera, Chisomo Harvey |
| collection | Thesis |
| description | As a dispute resolution service provider, the justice system ought to provide effective legal remedies to address the justice needs of people. Apart from having the capacity to provide the legal remedies, the system has to be accessible as well. In marital violence disputes, one of the general interests of both the State and the affected individual spouses is to prevent further abuse. Courts offer this remedy, among others, by imposing restraining orders, which are backed up by punitive threats. On the other hand, facilitative mechanisms of dispute resolution such as mediation do not have the power to impose punishment on contemptuous parties. However, facilitative dispute resolution processes encourage joint problem solving, which is desirable in maintaining a workable relationship between spouses. This research argues that in order to ensure optimum access to justice in marital violence disputes there is a need for a dispute resolution system that offers facilitative and advisory mechanisms of dispute resolution alongside court processes. However, in Malawi, rural citizens face the barriers of language and use of English law-orientated procedures when accessing courts. Furthermore, some customary law practices and statutory law provisions encourage the view that mediation in marital violence disputes precludes concurrent access to court remedies. This research explores the challenges which this current approach to marriage dispute resolution poses to women married under customary law. It answers the question whether the justice system, with its English law-orientated procedures and the tenet of mandatory mediation or reconciliation, offers appropriate and effective mechanisms of resolving marital violence disputes to women married under customary law. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/25482 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:17.361Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | Department of Private Law |
| publisherStr | Department of Private Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/25482 Appropriate dispute resolution for women married under customary law in Malawi, with special reference to marital violence Msokera, Chisomo Harvey Himonga, Chuma Dispute Resolution As a dispute resolution service provider, the justice system ought to provide effective legal remedies to address the justice needs of people. Apart from having the capacity to provide the legal remedies, the system has to be accessible as well. In marital violence disputes, one of the general interests of both the State and the affected individual spouses is to prevent further abuse. Courts offer this remedy, among others, by imposing restraining orders, which are backed up by punitive threats. On the other hand, facilitative mechanisms of dispute resolution such as mediation do not have the power to impose punishment on contemptuous parties. However, facilitative dispute resolution processes encourage joint problem solving, which is desirable in maintaining a workable relationship between spouses. This research argues that in order to ensure optimum access to justice in marital violence disputes there is a need for a dispute resolution system that offers facilitative and advisory mechanisms of dispute resolution alongside court processes. However, in Malawi, rural citizens face the barriers of language and use of English law-orientated procedures when accessing courts. Furthermore, some customary law practices and statutory law provisions encourage the view that mediation in marital violence disputes precludes concurrent access to court remedies. This research explores the challenges which this current approach to marriage dispute resolution poses to women married under customary law. It answers the question whether the justice system, with its English law-orientated procedures and the tenet of mandatory mediation or reconciliation, offers appropriate and effective mechanisms of resolving marital violence disputes to women married under customary law. 2017-10-02T13:06:46Z 2017-10-02T13:06:46Z 2017 Master Thesis Masters LLM http://hdl.handle.net/11427/25482 eng application/pdf Department of Private Law Faculty of Law University of Cape Town |
| spellingShingle | Dispute Resolution Msokera, Chisomo Harvey Appropriate dispute resolution for women married under customary law in Malawi, with special reference to marital violence |
| thesis_degree_str | Master's |
| title | Appropriate dispute resolution for women married under customary law in Malawi, with special reference to marital violence |
| title_full | Appropriate dispute resolution for women married under customary law in Malawi, with special reference to marital violence |
| title_fullStr | Appropriate dispute resolution for women married under customary law in Malawi, with special reference to marital violence |
| title_full_unstemmed | Appropriate dispute resolution for women married under customary law in Malawi, with special reference to marital violence |
| title_short | Appropriate dispute resolution for women married under customary law in Malawi, with special reference to marital violence |
| title_sort | appropriate dispute resolution for women married under customary law in malawi with special reference to marital violence |
| topic | Dispute Resolution |
| url | http://hdl.handle.net/11427/25482 |
| work_keys_str_mv | AT msokerachisomoharvey appropriatedisputeresolutionforwomenmarriedundercustomarylawinmalawiwithspecialreferencetomaritalviolence |