Papers by Zwelithini Eugene Xaba
Adaptation of LLB dissertation, 2019
In search of both fairness and efficiency, justice systems are increasingly employing Artificial ... more In search of both fairness and efficiency, justice systems are increasingly employing Artificial Intelligence (AI) based automated decision-making tools at every procedural stage in criminal trials. The most prominently utilized formulation being the Recidivism Assessment Software(RAS), used to make decisions about bail, sentencing, pardons and parole. RAS usage demonstrates the age old problem of the law being disproportionately overtaken by scientific events. As a consequence, this paper interrogates whether using RAS to enhance judicial efficiency in criminal trials complies with the International Human Rights Law (IHRL) on fair trial and equality before the courts. Prima facie, the study finds that RAS usage raises concerns firstly on ethics and secondly on due process. The study concludes that RAS egregiously offends the accused person’s right to a fair trial .RAS data is arbitrary, biased and inaccurate , it simply cannot be relied upon to make judicial decisions in criminal trials. RAS usage undermines the defendant’s IHRL fundamental guarantees including but not limited to a fair hearing, a sound reasoned judgment, equality and non-discrimination, trial by an independent and impartial tribunal and the presumption of innocence. Current trends show no promise of eliminating all the intrinsic inadequacies of the technology to perform its appointed task without violating the right to fair trial. The only way forward is to stop the practice forthwith. Regrettably neither the author no anyone else can provide the requisite magic wand to sever the wool that developers have over the state’s eyes. Nonetheless, States must discontinue the use of RAS in criminal trials pending the necessary reform required for full compliance .At an international level, an IHRL-sensitive framework for the regulation of AI is long overdue and ought to be created expediently.
The paper conducts an in depth scrutiny into the nature and consequences of the concept of Separa... more The paper conducts an in depth scrutiny into the nature and consequences of the concept of Separate Juristic Personality as well as Limited Liability .The study analyses why these two principles occupy a central role in modern company law , both as regards to study and practice and investigates whether or not they have engineered the business success of the corporate form.
Talks by Zwelithini Eugene Xaba
The irony of promoting access to justice through liberalising rights of audience in the Labour Court, 2019
Abstract It is impossible to exaggerate the vitality of a good lawyer when one has been mistreate... more Abstract It is impossible to exaggerate the vitality of a good lawyer when one has been mistreated or unfairly dismissed by their employer. As we manoeuvre the path of economic reconstruction through the vehicles of exploitation of cheap labour and imposition of unfair working conditions, seldom has quality legal representation mattered more. Quality legal representation is an essential which has its foundations in the fundamental human right of access to justice. The sad reality is that a good lawyer often comes at a very hefty price .Suffice to say that for most people lawyers are a necessity that is way above their pay grade . The law has sought to bridge the irreconcilable difference between the demand for legal services and the barriers to access which primarily exists in the form of costs .The Labour Act and the rules of the Labour Court allow for parties in litigation or in disciplinary proceedings to be represented by Trade union or employers union officials. This extends to the right of audience in the Labour Court. The import of this is that, one does not need to be a registered legal practitioner to practice law in the Labour court of Zimbabwe. .This raises fundamental concerns on competence and efficiency, asymmetry in cases where the other party is represented by a lawyer, general quality of litigation and the expediency of proceedings. This is the far reaching implication I address primarily in this piece.
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Papers by Zwelithini Eugene Xaba
Talks by Zwelithini Eugene Xaba