A South African response to ethics in legal education
- Authors: Kruuse, Helen
- Date: 2011
- Language: English
- Type: Article , text
- Identifier: http://hdl.handle.net/10962/54174 , vital:26399 , https://www.routledge.com/The-Ethics-Project-in-Legal-Education/Robertson-Corbin-Tranter-Bartlett/p/book/9780415546515
- Description: The contributions in this volume suggest that "the ethics project in legal education" is increasingly an international one. Even though the strength of commitment by both the profession and the legal academy to "ethics learning" within law schools varies, two fundamental questions confront all who work in this area. First, what is it that we want our students to learn (or, perhaps, in what manner do we want our students to develop) from the teaching of "legal ethics"? Second, how can we create a learning environment that will encourage the nature and quality of learning we think is important?.
- Full Text: false
- Authors: Kruuse, Helen
- Date: 2011
- Language: English
- Type: Article , text
- Identifier: http://hdl.handle.net/10962/54174 , vital:26399 , https://www.routledge.com/The-Ethics-Project-in-Legal-Education/Robertson-Corbin-Tranter-Bartlett/p/book/9780415546515
- Description: The contributions in this volume suggest that "the ethics project in legal education" is increasingly an international one. Even though the strength of commitment by both the profession and the legal academy to "ethics learning" within law schools varies, two fundamental questions confront all who work in this area. First, what is it that we want our students to learn (or, perhaps, in what manner do we want our students to develop) from the teaching of "legal ethics"? Second, how can we create a learning environment that will encourage the nature and quality of learning we think is important?.
- Full Text: false
Distinguished women in Chemistry Award (PACN)
- Authors: Nyokong, Tebello
- Date: 2011
- Identifier: vital:7223 , http://hdl.handle.net/10962/d1005901
- Description: Distinguished Women in Chemistry Award as part of the Pan Africa Chemistry Network (PACN) and Royal Society of Chemistry (RSC) International Year of Chemistry Celebration of the 100th Anniversary of Marie Curie’s Nobel Award in Chemistry.
- Full Text: false
- Authors: Nyokong, Tebello
- Date: 2011
- Identifier: vital:7223 , http://hdl.handle.net/10962/d1005901
- Description: Distinguished Women in Chemistry Award as part of the Pan Africa Chemistry Network (PACN) and Royal Society of Chemistry (RSC) International Year of Chemistry Celebration of the 100th Anniversary of Marie Curie’s Nobel Award in Chemistry.
- Full Text: false
Equality and unfair discrimination: refining the Harksen test
- Authors: Krüger, Rósaan
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68890 , vital:29336 , https://hdl.handle.net/10520/EJC53981
- Description: Publisher version , The 1997 formulation of the test in Harksen by Constitutional Court seemed to settle the constitutional standards in respect of equality and unfair discrimination. In this article this test is scrutinised closely with a view to clarify the different aspects of the right protected in s 9. Reliance is further placed on Canadian commentary which interrogates the dignity-centred analysis of the Canadian Supreme Court in relation to the Canadian Charter's prohibition of discrimination. The similar insistence on dignity as the interest protected by the right to equality opens up new possibilities in the South African context. Accordingly, specific 'wrongs' or 'indignities' of inequality are identified, which refines the Harksen test. The identification of the indignities, it is suggested, assists litigants and the court on a practical level when determining the fairness or otherwise of discrimination.
- Full Text: false
- Authors: Krüger, Rósaan
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68890 , vital:29336 , https://hdl.handle.net/10520/EJC53981
- Description: Publisher version , The 1997 formulation of the test in Harksen by Constitutional Court seemed to settle the constitutional standards in respect of equality and unfair discrimination. In this article this test is scrutinised closely with a view to clarify the different aspects of the right protected in s 9. Reliance is further placed on Canadian commentary which interrogates the dignity-centred analysis of the Canadian Supreme Court in relation to the Canadian Charter's prohibition of discrimination. The similar insistence on dignity as the interest protected by the right to equality opens up new possibilities in the South African context. Accordingly, specific 'wrongs' or 'indignities' of inequality are identified, which refines the Harksen test. The identification of the indignities, it is suggested, assists litigants and the court on a practical level when determining the fairness or otherwise of discrimination.
- Full Text: false
Going against the tide: seeking regulations for private military/security companies in a globalized world
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128822 , vital:36163 , https://hdl.handle.net/10520/EJC85398
- Description: This article discusses the role of privatization of security in Africa, but its focus is on private military and security companies (PMSCs). The article proceeds on the basis that there is need for effective regulatory frameworks for PMSCs that operate in conflict zones of Africa. Thus, it begins by appraising the existing normative standards at the international, regional and domestic level that apply to these companies, and thereafter, identifies their shortcomings in light of the prevailing security conditions within the continent. The article then posits broad theoretical imperatives for designing a more effective regulatory framework for PMSCs and concludes by proposing the establishment an overarching continental regime constructed on the basis of the suggested imperatives.
- Full Text: false
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128822 , vital:36163 , https://hdl.handle.net/10520/EJC85398
- Description: This article discusses the role of privatization of security in Africa, but its focus is on private military and security companies (PMSCs). The article proceeds on the basis that there is need for effective regulatory frameworks for PMSCs that operate in conflict zones of Africa. Thus, it begins by appraising the existing normative standards at the international, regional and domestic level that apply to these companies, and thereafter, identifies their shortcomings in light of the prevailing security conditions within the continent. The article then posits broad theoretical imperatives for designing a more effective regulatory framework for PMSCs and concludes by proposing the establishment an overarching continental regime constructed on the basis of the suggested imperatives.
- Full Text: false
Pecuniary interests and the rule against adjudicative bias: the automatic disqualification or objective reasonable approach?
- Okpaluba, Chuks, Juma, Laurence
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129093 , vital:36217 , https://hdl.handle.net/10520/EJC122974
- Description: This article deals with the issue of bias arising from pecuniary interest of a judge. Essentially, it asks the question: when does the pecuniary interest of a judge diminish his/her ability to apply his/her mind impartially to the dispute before him/her. To answer this question, the article undertakes a synthesis of the various rules and tests applied across Commonwealth jurisdictions and then compares them with the South African approach as outlined in two recent cases, namely Bernert v ABSA Bank Ltd 2011 (3) SA 92 (CC) and Ndimeni v Meeg Bank Ltd (Bank of Transkei) 2011 (1) SA 560 (SCA). Broadly, the article discusses the key aspects of the automatic disqualification approach preferred by the English courts, the Canadian objective reasonable approach and the realistic possibility approach recently adopted by the Australian courts. The article concludes that the South African approach that places emphasis on the objective reasonable test, complemented by the realistic possibility approach, may be most suitable, given the nature of complaints so far dealt with by the courts and the full propriety of the injunction in section 34 of the Constitution.
- Full Text: false
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129093 , vital:36217 , https://hdl.handle.net/10520/EJC122974
- Description: This article deals with the issue of bias arising from pecuniary interest of a judge. Essentially, it asks the question: when does the pecuniary interest of a judge diminish his/her ability to apply his/her mind impartially to the dispute before him/her. To answer this question, the article undertakes a synthesis of the various rules and tests applied across Commonwealth jurisdictions and then compares them with the South African approach as outlined in two recent cases, namely Bernert v ABSA Bank Ltd 2011 (3) SA 92 (CC) and Ndimeni v Meeg Bank Ltd (Bank of Transkei) 2011 (1) SA 560 (SCA). Broadly, the article discusses the key aspects of the automatic disqualification approach preferred by the English courts, the Canadian objective reasonable approach and the realistic possibility approach recently adopted by the Australian courts. The article concludes that the South African approach that places emphasis on the objective reasonable test, complemented by the realistic possibility approach, may be most suitable, given the nature of complaints so far dealt with by the courts and the full propriety of the injunction in section 34 of the Constitution.
- Full Text: false
Putting old wine in new skins: the customary code of Lerotholi and justice administration in Lesotho
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , book chapter
- Identifier: http://hdl.handle.net/10962/128780 , vital:36156 , https://doi.org/10.1017/CBO9780511844294.007
- Description: Although the interaction between the western colonizers and the African indigenous populations in the early eighteenth and nineteenth centuries produced responses that were mostly inimical to the development of African customary law, the thrust of the onslaught against its principles was somewhat diminished by political considerations. Undoubtedly, the significance that African customary law acquired during this period was a measure of the purpose that the colonial project found in it.
- Full Text: false
Putting old wine in new skins: the customary code of Lerotholi and justice administration in Lesotho
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , book chapter
- Identifier: http://hdl.handle.net/10962/128780 , vital:36156 , https://doi.org/10.1017/CBO9780511844294.007
- Description: Although the interaction between the western colonizers and the African indigenous populations in the early eighteenth and nineteenth centuries produced responses that were mostly inimical to the development of African customary law, the thrust of the onslaught against its principles was somewhat diminished by political considerations. Undoubtedly, the significance that African customary law acquired during this period was a measure of the purpose that the colonial project found in it.
- Full Text: false
Rhodes University Research Report 2011
- Rhodes University, Rhodes University Research Office, Roberts, Jaine, Connan, Verna, Dore, Sally
- Authors: Rhodes University , Rhodes University Research Office , Roberts, Jaine , Connan, Verna , Dore, Sally
- Date: 2011
- Language: English
- Type: Text
- Identifier: vital:566 , http://hdl.handle.net/10962/d1011981
- Description: [From Introduction] Rhodes University continued to show a gratifying and steady increase in overall accredited research outputs in 2011, and individual increases were experienced in all categories of output. Overall accredited units increased to 639.6 (a 12.7% increase on 2010), with a similar percentage increase in the DHET per capita output figure, which kept Rhodes in the position of third most productive university in South Africa in terms of accredited research. 51% of the outputs were due to publications, 25% to PhD graduations, and 24% to Masters graduations by thesis. The PhD contribution represented a record year, and a 30% increase over the number graduating in the preceding year. Our journal output, (which accounts for 86% of our total accredited publishing output for higher education subsidy purposes) grew by 5.9% from the 2010 level (to 309.61 units in 2011). The previous year had seen a 3% decline in this category. Coupled with Rhodes’ high volume of accredited journal outputs in relation to its size, a very pleasing quality measure was that 90% of journal outputs (by far the highest proportion of universities in the sector) appeared in international accredited journals. Our output from accredited conference proceedings, (which in 2011 amounted to 7% of our total accredited publishing output) grew by 3.5% to 24.22 units - from a small base where year-on-year variance in either direction is common. The book outputs (which in 2011 amounted to 7% of our total accredited publishing output) increased by 162% - again from a small base (moving up to 25.02 units), where year-on-year variance is expected. This category had seen a negative growth of 60.6% in the previous year. add my warm thanks and congratulations to all of our researchers, funders, collaborators, partners and students who contributed to the excellent accredited research results of 2011, as well as generated the many forms of scholarship that are not counted in the accreditation exercise, but which contribute much to the rich intellectual space that is Rhodes. I also thank all of the administrators who played a critical role in preparing the university’s meticulous audited submission. , A publication of the Rhodes Research Office, compiled and edited by Jaine Roberts and Verna Connan. Design and Layout: Sally Dore.
- Full Text:
- Authors: Rhodes University , Rhodes University Research Office , Roberts, Jaine , Connan, Verna , Dore, Sally
- Date: 2011
- Language: English
- Type: Text
- Identifier: vital:566 , http://hdl.handle.net/10962/d1011981
- Description: [From Introduction] Rhodes University continued to show a gratifying and steady increase in overall accredited research outputs in 2011, and individual increases were experienced in all categories of output. Overall accredited units increased to 639.6 (a 12.7% increase on 2010), with a similar percentage increase in the DHET per capita output figure, which kept Rhodes in the position of third most productive university in South Africa in terms of accredited research. 51% of the outputs were due to publications, 25% to PhD graduations, and 24% to Masters graduations by thesis. The PhD contribution represented a record year, and a 30% increase over the number graduating in the preceding year. Our journal output, (which accounts for 86% of our total accredited publishing output for higher education subsidy purposes) grew by 5.9% from the 2010 level (to 309.61 units in 2011). The previous year had seen a 3% decline in this category. Coupled with Rhodes’ high volume of accredited journal outputs in relation to its size, a very pleasing quality measure was that 90% of journal outputs (by far the highest proportion of universities in the sector) appeared in international accredited journals. Our output from accredited conference proceedings, (which in 2011 amounted to 7% of our total accredited publishing output) grew by 3.5% to 24.22 units - from a small base where year-on-year variance in either direction is common. The book outputs (which in 2011 amounted to 7% of our total accredited publishing output) increased by 162% - again from a small base (moving up to 25.02 units), where year-on-year variance is expected. This category had seen a negative growth of 60.6% in the previous year. add my warm thanks and congratulations to all of our researchers, funders, collaborators, partners and students who contributed to the excellent accredited research results of 2011, as well as generated the many forms of scholarship that are not counted in the accreditation exercise, but which contribute much to the rich intellectual space that is Rhodes. I also thank all of the administrators who played a critical role in preparing the university’s meticulous audited submission. , A publication of the Rhodes Research Office, compiled and edited by Jaine Roberts and Verna Connan. Design and Layout: Sally Dore.
- Full Text:
Small steps to equal dignity: the work of the South African equality courts
- Authors: Krüger, Rósaan
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68920 , vital:29339 , http://www.equalrightstrust.org/ertdocumentbank/ERR7_kruger.pdf
- Description: Publisher version , Introduction: “The South African Constitution is primarily and emphatically an egalitarian constitution. The supreme laws of comparable constitutional states may underscore other principles and rights. But in the light of our own particular history, and our vision for the future, a constitution was written with equality at its centre. Equality is our Constitution’s focus and organising principle.” Given the foundational role of equality in the South African constitutional framework, the drafters of the South African Constitution (the Constitution) directed the South African Parliament (Parliament) to enact legislation to “prevent or prohibit unfair discrimination” between individuals within three years of the enactment of the Constitution.3 Under great pressure, Parliament finalised and passed the Promotion of Equality and Prevention of Unfair Discrimination Act (the Equality Act) within two days of the constitutional deadline.4 The Equality Act, as the title indicates, addresses the promotion of equality on the one hand, and provides for reactive measures where the equality right is breached, on the other. The reactive provisions include the prohibition of unfair discrimination and related infringements of the equality right. The Equality Act expressly provides for the enforcement of its provisions in specifically created equality courts. The majority of the reactive provisions of the Equality Act have been operational since 16 June 2003. More than a decade after the enactment of the legislation, the promotional aspects of the Equality Act are yet to come into operation. This article focuses on the reactive provisions of the Equality Act by providing a snapshot of the work of selected South African equality courts for the period from June 2003 to December 2007 insofar as complaints of racism are concerned. In order to contextualise the application of the Equality Act, the article provides a brief overview of the reactive provisions of the Equality Act and the mechanisms for its enforcement.
- Full Text: false
- Authors: Krüger, Rósaan
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68920 , vital:29339 , http://www.equalrightstrust.org/ertdocumentbank/ERR7_kruger.pdf
- Description: Publisher version , Introduction: “The South African Constitution is primarily and emphatically an egalitarian constitution. The supreme laws of comparable constitutional states may underscore other principles and rights. But in the light of our own particular history, and our vision for the future, a constitution was written with equality at its centre. Equality is our Constitution’s focus and organising principle.” Given the foundational role of equality in the South African constitutional framework, the drafters of the South African Constitution (the Constitution) directed the South African Parliament (Parliament) to enact legislation to “prevent or prohibit unfair discrimination” between individuals within three years of the enactment of the Constitution.3 Under great pressure, Parliament finalised and passed the Promotion of Equality and Prevention of Unfair Discrimination Act (the Equality Act) within two days of the constitutional deadline.4 The Equality Act, as the title indicates, addresses the promotion of equality on the one hand, and provides for reactive measures where the equality right is breached, on the other. The reactive provisions include the prohibition of unfair discrimination and related infringements of the equality right. The Equality Act expressly provides for the enforcement of its provisions in specifically created equality courts. The majority of the reactive provisions of the Equality Act have been operational since 16 June 2003. More than a decade after the enactment of the legislation, the promotional aspects of the Equality Act are yet to come into operation. This article focuses on the reactive provisions of the Equality Act by providing a snapshot of the work of selected South African equality courts for the period from June 2003 to December 2007 insofar as complaints of racism are concerned. In order to contextualise the application of the Equality Act, the article provides a brief overview of the reactive provisions of the Equality Act and the mechanisms for its enforcement.
- Full Text: false
The dialogue between the bench and the bar: implications for adjudicative impartiality
- Okpaluba, Chuks, Juma, Laurence
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129078 , vital:36215 , https://hdl.handle.net/10520/EJC53998
- Description: What is the role of the judge in the conduct of a trial? Can he or she engage counsel in legal argument and ask questions on legal issues without breaking the brittle bond of justice or be said to have 'descended into the arena'? Assuming that these actions are permissible, at what point will the judge's dialogue with counsel or line of questioning go beyond permissible limits? These are the questions with which this article grapples. Based on an analysis of the Constitutional Court decisions in State v Basson (2) 2007 (1) SACR 566 (CC) and Bernert v ABSA Bank Ltd 2011 (3) SA 92 (CC), and several Supreme Court of Appeal and other Commonwealth decisions, the article explores the circumstances in which the recusal of judges has been sought, or judicial decisions have been challenged on appeal on the basis of an allegation that there have been violations of the principle of fair hearing as enshrined in the Constitution. The article draws on the 'apprehension of bias' jurisprudence to establish the utility of the presumption of impartiality and the hybrid test of double-reasonableness in contexts where a judge's conduct is in question. The article concludes that the dialogue between the bench and bar is a useful component of adjudication in our adversarial system and should be limited by the rules of impartiality only in very exceptional circumstances.
- Full Text: false
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129078 , vital:36215 , https://hdl.handle.net/10520/EJC53998
- Description: What is the role of the judge in the conduct of a trial? Can he or she engage counsel in legal argument and ask questions on legal issues without breaking the brittle bond of justice or be said to have 'descended into the arena'? Assuming that these actions are permissible, at what point will the judge's dialogue with counsel or line of questioning go beyond permissible limits? These are the questions with which this article grapples. Based on an analysis of the Constitutional Court decisions in State v Basson (2) 2007 (1) SACR 566 (CC) and Bernert v ABSA Bank Ltd 2011 (3) SA 92 (CC), and several Supreme Court of Appeal and other Commonwealth decisions, the article explores the circumstances in which the recusal of judges has been sought, or judicial decisions have been challenged on appeal on the basis of an allegation that there have been violations of the principle of fair hearing as enshrined in the Constitution. The article draws on the 'apprehension of bias' jurisprudence to establish the utility of the presumption of impartiality and the hybrid test of double-reasonableness in contexts where a judge's conduct is in question. The article concludes that the dialogue between the bench and bar is a useful component of adjudication in our adversarial system and should be limited by the rules of impartiality only in very exceptional circumstances.
- Full Text: false
- «
- ‹
- 1
- ›
- »