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Papers by sharon hofisi

Sharon Hofisi, 2025

This is my shongrish version of Novel. Enjoy this novel and give reviews.

India Quarterly: A Journal of International Affairs

Africa’s relationship with the International Criminal Court (ICC) has been strained over the past... more Africa’s relationship with the International Criminal Court (ICC) has been strained over the past few years. Threats by a number of African states to withdraw from the ICC’s jurisdiction have marked a crescendo in the strained relationship. This study looks at the issues surrounding the proposed or threatened mass withdrawal by African countries and the implications for peace and justice in the African continent. Utilising interviews with a cross section of key informants including members of the African diplomatic community resident in Zimbabwe, this study highlights that it is difficult for African states to withdraw en masse since not all states are agreeable to this stance. The study further highlights that although the ICC is not a perfect institution, it is the only alternative court of last resort that can deal with human rights and international humanitarian law violations as well as impunity in the continent. The proposed African Court of Justice and Human Rights (ACJHR) ha...

Sharon hofisi, 2023

This thesis examines the role of the International Criminal Court (ICC) in addressing conflict-re... more This thesis examines the role of the International Criminal Court (ICC) in addressing conflict-related sexual violence (CRSV) in the ongoing conflict in Ukraine, with a focus on the legal frameworks and practical challenges in using amicus curiae to hold perpetrators accountable. By blending legal dogmatism and legal functionalism, this study seeks to provide a nuanced and comprehensive analysis of the ICC's efforts to utilize amicus to combat CRSV during active conflicts. The purpose of this research is to answer four key questions including: how effective has the ICC been in prosecuting individuals responsible for CRSV in the ongoing conflict in Ukraine? What legal and practical challenges explain the rampancy of CRSV in this context? The justification for this study lies in the urgent need to address the rampancy of CRSV as a humanitarian concern that demands attention from the international community. While recent legal developments have made CRSV punishable in axiomatic terms, much work remains to be done to ensure that these laws are effectively implemented and enforced. Furthermore, the ongoing conflict in Ukraine presents a complex and challenging context for addressing CRSV, making it a timely and relevant case study for examining the broader challenges of combatting sexual violence in conflict. The major finding of this research is that while CRSV are now punishable in axiomatic terms, the biggest challenge lies in implementing these laws effectively. The study suggests that the Ukraine government and ICC can play a crucial role in curbing impunity for CRSV by addressing the legal and practical impediments and strengthening international cooperation and coordination through amicus curiae assistance. The implications of this research include identifying specific legal and practical impediments to the ICC's efforts to address CRSV in the Ukrainian conflict and proposing strategies for amicus to help Ukraine emboss Ukraine's 'e-enemy' chatbot. The study highlights the benefits and drawbacks of amicus representations in ensuring victim participation and recognition in ICC proceedings and beyond. By complementing victim participation with amicus in ICC proceedings, the ICC can empower victims to play a more active role in seeking justice and holding perpetrators accountable for CRSV.

Sharon hofisi , 2021

International Humanitarian Law (IHL) and International Human Rights Law (IHL) are separate fields... more International Humanitarian Law (IHL) and International Human Rights Law (IHL) are separate fields of international law. The use of the lex specialis principle blurs this distinction and subordinates IHRL to IHL. The absence of decisions from the International Court of Justice and regional courts such as the European Court of Human Rights to distinguish the lex specialis principle from its sister doctrines, the lex posterior derogat priori and the lex superior derogat inferior further complicates the need to use IHRL to deal with acts of State in conflict situations. We argue in this article that the lex specialis principle must not be invoked in a manner that gives IHL primacy over IHRL. The basis of our argument is three pronged: first, IHL and IHRL are two separate fields of international law which must not be developed by invoking an amorphous and elusive general principle. Second, the lex specialis principle is frequently confused with its sister principles and courts usually use it to the detriment of victims of State repression, mostly unarmed civilians. Third, the rule is simply a pillar of judicial restraint. Clearly, it is an avoidance doctrine used by the courts to use technical arguments to deprive victims the chance to obtain effective remedies under international law such as reparations or healing.

Sharon hofisi , 2021

This policy brief assesses the extent to which the Public Finance Management Amendment Bill 2021 ... more This policy brief assesses the extent to which the Public Finance Management Amendment Bill 2021 aligns with the Constitution of Zimbabwe (Amendment No. 20) 2013 Act. The objectives of this brief are to unpack the Public Finance Management Bill 2021; identify further gaps in the PFM Bill which are vital in strengthening Zimbabwe's public finance management system; critically analyse the PFM Bill 2021, highlighting the major concerns and gaps; and proffer recommendations that enhance the Bill and transparency and accountability in Zimbabwe. The findings in the brief show that, prior to considering amendments of budgetary system laws (BSL), all existing laws relating to the budget system should be examined to promote consistency of the new provisions with existing laws (Blondal et al., 2003: 6). They also show that while Zimbabwe's legal system provides for 'specialist' laws on procurement and public debt, there is a strong case for consolidating or cross-referring budget system laws. This is in line with the views from Blondal et al., (ibid: 4) who note that a constitution provides for the general responsibilities of the executive and legislatures on law-making processes on budget systems. The findings in this brief show that the Public Finance and Management Act should be wholly aligned with the Constitution's values of democracy, public administration and public finance. There is need for either consolidate or cross-refer public finance management and public debt management. There is also need to comply with the International Monetary Fund guidelines, OECD Guidelines and regional best practice on budgeting system laws. The recommendations in this brief are that the budgetary laws in Zimbabwe must comply with the constitutional requirements; the African Borrowing Charter, the International Monetary Fund Guidelines and the Commonwealth Secretariat's guidelines. AFRODAD would like to acknowledge the lead researcher, Sharon Hofisi who worked hard to put the paper together. We would alo like to acknowledge AFRODAD and ZIMCODD Staff for editing and reviewing the document.

Sharon hofisi, 2021

life balance and commitment to quality medical care; struggle to focus on high-end medical servic... more life balance and commitment to quality medical care; struggle to focus on high-end medical services; or concentrate on building positive mindset for career goals. Motivation of doctors helps in ensuring that collaborative team environments are embossed in size and purpose, thus making a substantial contribution to the professional success, prestige, network, cooperation and interaction of doctors. e article brings to the fore how the Ministry of Health and Child Care (MoHCC) can play a huge role in motivating junior and senior doctors. It uses the case study of Parirenyatwa Group of Hospitals to streamline the research. Documentary search and conversational interview with an o cial at the Health Services Board were used to get an institutional glimpse of the concerns of the doctors from the perspective of the Health Services Board. e targeted doctors who had promised to give their views did not respond to the questions after they had initially indicated that they would do so after their medical theatre routines. Be that as it may, the tenor of empiricism was maintained in this study since the researchers could analyse the administrative positions from selected key informants; o cials from the Health Services Board, as well as representatives of doctors on the group needs and individual concerns of the doctors. In the wake of rigorous social media communication in Zimbabwe, the information processing in research work needs to move away from individual concerns made through in-depth interviews to analysis of o cial or group communication from the a ected groups. is leads to focus on the quality of grievances than their quantity and avoidance of overreliance on silos within institutions. E ectively, there is representative-based analysis, consideration of common challenges, and egalitarian work group concerns. e study focuses on PGOH because it is the biggest referral hospital in Zimbabwe. e article draws from disparate literature on motivation and principles of good governance that are espoused in the Constitution of Zimbabwe, 2013. e major conclusion in the study is that the practical motivation of doctors is ignored and this has led to frequent industrial actions, poor performance, patient neglect and low retention of senior doctors at Parirenyatwa.

Sharon hofisi, 2021

ajogpl.kab.ac.ug is article adopts a heuristic approach to analysing the mixed governance system ... more ajogpl.kab.ac.ug is article adopts a heuristic approach to analysing the mixed governance system in Metropolitan Councils in Zimbabwe. While section 5 of the Constitution of Zimbabwe, 2013, espouses a tier system of governance that has central government, metropolitan councils and local authorities, it also allows the Minister to intervene in the a airs of a Metropolitan Council. In this milieu, interventionism and interference bear signi cantly on how Metropolitan Councils such as Harare and Bulawayo run their a airs. e purpose of this article is to demonstrate that interventionism-interference dichotomy is in most case explained by the fact that the responsible minister belongs to a political party in government, whose party may have few councilors in the Metropolitan Council. rough a qualitative methodology, this study argues that the heuristic model permits for logical analysis of the policy interventions that emanate from the mixed government system of administering Metropolitan Councils. e paper nds that ministerial interventions or central-local government relations hugely a ect the performance of Metropolitan Councils. e article recommends that the normative framework entrenched in the Constitution be embossed and that proper reviews of dismissals of Council employees be made lest aspersions be cast on how the mixed government system is weaponised against party rivals.

Sharon Hofisi , 2021

This paper examines how air law and space law can provide useful guidelines on the efficient and ... more This paper examines how air law and space law can provide useful guidelines on the efficient and lawful use of Air and Outer Space by States and private entities.Air law is examined first as it provides clarification on the nexus between territorial sovereignty of States and the use or exploitation of their own airspace, aircraft nationality, and international dispute resolution of conflicts arising from international aviation, registration and ownership of aircraft. The paper also deals with conventional and emerging concepts which include Exclusive Sovereignty (EZ), No Fly Zones, hot pursuits, creation of International Aviation Organisation (ICAO) and other ancillary aspects. It motivates the argument that there is a contestation regarding the sanctity of air and law when regard is had to issues such as Air Defence Identification Zones (ADIZ) and regulation of emerging technologies such as drones and other Unmanned Aerial Vehicles (UAVs). Space law is explained from the perspective of aspects such as the freedom of use and exploration of outer space, the declaration of space as a non-territorial zone of any State, liabilities for damages, registration, jurisdiction and ownership of space objects, prohibition of national appropriation of outer space, avoidance of contamination of outer environment, licensing of satellites, and regulation of space tourism. Essentially, the paper moves the argument that both air and space law contain peremptory norms which have also morphed greatly into obligations erga omnes. Illustratively, examples from international environmental law, international water law and humanitarian intervention are used.

Sharon Hofisi , 2024

This article examines the reasons why torture has no place in Zimbabwe's criminal justice system,... more This article examines the reasons why torture has no place in Zimbabwe's criminal justice system, focusing on the role of constitutional dialogue and a standalone torture law as the optimal alternatives for protecting constitutional rights. The paper finds that the rejection of torture aligns with principles of constitutional dialogue in safeguarding fundamental rights. Freedom from torture is non-negotiable both nationally and internationally. The methodology used here involved analyzing the case law within Zimbabwe in the light of international law. Rejecting torture reflects a commitment to constitutional dialogue, fostering a legal framework that upholds fundamental rights and constitutional values. Moving forward, considerations of severity and purpose should distinguish thresholds for lawful sanctions, while clarifying the government's duty to abstain from torture and protect citizens from both public and private agents' acts of torture. This exposes the necessity for a domestic legislation on torture in Zimbabwe, because mere constitutional prohibition of torture is insufficient in the absence of supporting laws detailing the crime's gravamen and procedures.

Routledge eBooks, Jun 3, 2024

University of Pretoria, 2020

Journal of Economic Issues, 2022

This article seeks to understand the economic system of Zimbabwe, driving its notion of humpty du... more This article seeks to understand the economic system of Zimbabwe, driving its notion of humpty dumpty or seemingly chaotic economics from economic fundamentals such as inflation, dollarization, currency floating and governance. The researchers explore secondary data sources across the spectrum to scrutinize their viewpoint on humpty dumpty economics. Based on statistical trend analysis of inflation and the value of money in Zimbabwe the authors conclude that inflation is harmful to the economy, and the ordinary citizens should be the heart and soul of policy making. The authors further recommend that the Government of Zimbabwe should adopt nudge theory when implementing economic policies.

India Quarterly: A Journal of International Affairs, 2019

To La and Rah, thank you a zillion times! I formally dedicate this dissertation to you. And To th... more To La and Rah, thank you a zillion times! I formally dedicate this dissertation to you. And To those strategic lawyers, activist judges and innovative litigants who value the benefits of strategic and public interest litigation. Family, friends, workmates, your love is forever cherished. 30 seconds speech by Bryan Dyson-Former CEO of Coca Cola:Five Balls of Life Speech 'Imagine life as a game in which you are juggling some five balls in the air. You name them Work, Family, Health, Friends, and Spirit and you are keeping all of these in the air. You will soon understand that work is a rubber ball. If you drop it, it will bounce back. But the other four balls-Family, Health, Friends and Spirit are made of glass. If you drop one of these; they will be irrevocably scuffed, marked, nicked, damaged or even shattered. They will never be the same. You must understand that and strive for balance in your life'. Bryan continues: 'You live in a world of growing opportunity at one of the most exciting times in history, and you have been prepared with an exceptionally fine education because you are also well-educated, let me pause this final question to you. What is education for? Is it for the pursuit of knowledge or for the pursuit of significance? How you answer makes a difference. Knowledge is merely a tool. There is someone in Argentina or Singapore who has the same degree as you. The difference lies in how you use it. Will you use your education for life or just as a living? It's up to you now'.

Sharon Hofisi, 2025

This is my shongrish version of Novel. Enjoy this novel and give reviews.

India Quarterly: A Journal of International Affairs

Sharon hofisi, 2023

Sharon hofisi , 2021

Sharon hofisi, 2021

Sharon Hofisi , 2021

Sharon Hofisi , 2024

Routledge eBooks, Jun 3, 2024

University of Pretoria, 2020

Journal of Economic Issues, 2022

India Quarterly: A Journal of International Affairs, 2019

Human rights are simply described as either given, fought for, talked about or agreed upon. State... more Human rights are simply described as either given, fought for, talked about or agreed upon. States usually protect human rights in Bills of Rights. Human rights are fundamental, indivisible, inalienable, interrelated. The right-holder usually protects such rights in a competent court of law.