Judicial intervention in Kenya's constitutional review process
- Juma, Laurence, Okpaluba, Chuks
- Authors: Juma, Laurence , Okpaluba, Chuks
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128412 , vital:36107 , https://heinonline.org/HOL/Page?handle=hein.journals/wasglo11amp;div=13amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: The constitutional reform process in Kenya, which culminated in the promulgation of a new constitution in August 2010, has been a subject of much study and scholarly deliberation.' That it ended on a rather positive note as compared to those in Zambia, Malawi, and even Zimbabwe, is seen by many as proof that Africans could, after all, redesign their constitutional frameworks to weed out moribund structures and entrench systems of democratic governance. But the Kenyan experience also indicates a rather unfortunate trend where constitutions are never allowed to grow or mature with statehood.
- Full Text: false
- Date Issued: 2012
- Authors: Juma, Laurence , Okpaluba, Chuks
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128412 , vital:36107 , https://heinonline.org/HOL/Page?handle=hein.journals/wasglo11amp;div=13amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: The constitutional reform process in Kenya, which culminated in the promulgation of a new constitution in August 2010, has been a subject of much study and scholarly deliberation.' That it ended on a rather positive note as compared to those in Zambia, Malawi, and even Zimbabwe, is seen by many as proof that Africans could, after all, redesign their constitutional frameworks to weed out moribund structures and entrench systems of democratic governance. But the Kenyan experience also indicates a rather unfortunate trend where constitutions are never allowed to grow or mature with statehood.
- Full Text: false
- Date Issued: 2012
Radical thinking in South Africa’s age of retreat
- Helliker, Kirk D, Vale, Peter C J
- Authors: Helliker, Kirk D , Vale, Peter C J
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71214 , vital:29818 , https://doi.org/10.1177/0021909612442654
- Description: This article traces the rise and fall of radical praxis in South Africa and offers a critique of the prevailing practices of former Marxists under post-apartheid conditions. Western Marxism emerged in the 1970s in South Africa and Marxist activists became deeply involved in the liberation movements. With the unravelling of apartheid, the main liberation forces made a social pact with capitalist forces and former Marxists embraced a statist project. In the context of the rise of ‘new’ social movements, radical thinking of a more Libertarian kind is emerging in contemporary South Africa.
- Full Text: false
- Date Issued: 2012
- Authors: Helliker, Kirk D , Vale, Peter C J
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71214 , vital:29818 , https://doi.org/10.1177/0021909612442654
- Description: This article traces the rise and fall of radical praxis in South Africa and offers a critique of the prevailing practices of former Marxists under post-apartheid conditions. Western Marxism emerged in the 1970s in South Africa and Marxist activists became deeply involved in the liberation movements. With the unravelling of apartheid, the main liberation forces made a social pact with capitalist forces and former Marxists embraced a statist project. In the context of the rise of ‘new’ social movements, radical thinking of a more Libertarian kind is emerging in contemporary South Africa.
- Full Text: false
- Date Issued: 2012
Rhodes University Research Report 2012
- Rhodes University, Roberts, Jaine, Connan, Verna, Mantolo, Thumeka, Macgregor, Jill, Jacob, Patricia
- Authors: Rhodes University , Roberts, Jaine , Connan, Verna , Mantolo, Thumeka , Macgregor, Jill , Jacob, Patricia
- Date: 2012
- Language: English
- Type: Text
- Identifier: vital:567 , http://hdl.handle.net/10962/d1011985
- Description: [From Introduction] Rhodes University continued to grow in overall accredited research outputs in 2012, and in other forms of scholarship which enhance the intellectual space of the university. During the graduation ceremonies that followed the 2012 academic year, 2 288 students earned new qualifications. A record 948 students or 41 percent graduated with postgraduate degrees. We also celebrated a new University record of 63 PhD graduates, a wonderful achievement for the smallest university in the country. Our Science Faculty was a particularly noteworthy contributor to the postgraduate numbers, with 35 PhD graduates, 83 Master’s graduates and 132 honours graduates. The University’s Enrolment Plan outlines our intention of becoming a more postgraduate university, and our overall strategy is to enhance our contribution to knowledge production through research and scholarship. Rhodes is well-positioned for such a trajectory, and we look to strengthening our capacity to serve society in this way by striving to provide our academics with effective research support. In the latest Department of Higher Education and Training (DHET) Ministerial Report on National Research Outputs, Rhodes University is listed as having the third most favourable research output rate per capita (the accepted norm for measuring efficiency of investment in the research domain) in the South African university system, and the second highest percentage of academic staff with PhDs (56 percent). Other studies show that Rhodes has the top PhD graduation rate of South African Universities, and very good postgraduate throughput rates overall. We continue to give special attention to identifying potential new postgraduate and research niche areas and programmes, and to developing the appropriate institutional arrangements to effectively support larger numbers of Honours, Masters and Doctoral students, and further enhance their academic and social experiences. The audited result of our DHET submission of accredited research outputs for 2012 has not yet been received at the time of writing, so exact success rates in book and conference submissions are not yet known. These are the smaller components of our overall accredited outputs (in the previous year, books and accredited conference proceedings each contributed 7 percent of our total accredited publishing output, while journals contributed 86 percent). In 2012, Rhodes submitted 46.82 book and book chapter units for consideration (up by 33 percent on the 2011 submission), and 32.04 accredited conference proceeding weighted units (down by 8.6 percent on the 2011 submission, which in turn had been up 46.8 percent on the previous year’s submission).Year-on-year variance on the relatively small submission base in these categories is to be expected. The big component of Rhodes’ publication output, our journal publications, grew by 13.2 percent on the 2011 level to 350.47 units (the previous year has seen a 6 percent increase in this category), maintaining Rhodes’ position amongst the most research productive institutions in the South African Higher Education system. Coupled with Rhodes’ high volume of accredited journal outputs in relation to its size, a very pleasing quality measure is that 90 percent of Journal outputs (the highest proportion in the sector) appear in internationally accredited journal indices. Accredited outputs from thesis-based PhD and Masters graduates rose by 4.9 percent in 2012 to a new high for Rhodes (2011’s figure had grown by 15.4 percent over 2010, which in turn had grown by 35.8 percent over 2009). I add my warm thanks and congratulations to all of our researchers, funders, collaborators and partners who contributed to the excellent accredited research results of 2012, 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 play a crucial role in preparing the university’s meticulous audited submissions.
- Full Text:
- Date Issued: 2012
- Authors: Rhodes University , Roberts, Jaine , Connan, Verna , Mantolo, Thumeka , Macgregor, Jill , Jacob, Patricia
- Date: 2012
- Language: English
- Type: Text
- Identifier: vital:567 , http://hdl.handle.net/10962/d1011985
- Description: [From Introduction] Rhodes University continued to grow in overall accredited research outputs in 2012, and in other forms of scholarship which enhance the intellectual space of the university. During the graduation ceremonies that followed the 2012 academic year, 2 288 students earned new qualifications. A record 948 students or 41 percent graduated with postgraduate degrees. We also celebrated a new University record of 63 PhD graduates, a wonderful achievement for the smallest university in the country. Our Science Faculty was a particularly noteworthy contributor to the postgraduate numbers, with 35 PhD graduates, 83 Master’s graduates and 132 honours graduates. The University’s Enrolment Plan outlines our intention of becoming a more postgraduate university, and our overall strategy is to enhance our contribution to knowledge production through research and scholarship. Rhodes is well-positioned for such a trajectory, and we look to strengthening our capacity to serve society in this way by striving to provide our academics with effective research support. In the latest Department of Higher Education and Training (DHET) Ministerial Report on National Research Outputs, Rhodes University is listed as having the third most favourable research output rate per capita (the accepted norm for measuring efficiency of investment in the research domain) in the South African university system, and the second highest percentage of academic staff with PhDs (56 percent). Other studies show that Rhodes has the top PhD graduation rate of South African Universities, and very good postgraduate throughput rates overall. We continue to give special attention to identifying potential new postgraduate and research niche areas and programmes, and to developing the appropriate institutional arrangements to effectively support larger numbers of Honours, Masters and Doctoral students, and further enhance their academic and social experiences. The audited result of our DHET submission of accredited research outputs for 2012 has not yet been received at the time of writing, so exact success rates in book and conference submissions are not yet known. These are the smaller components of our overall accredited outputs (in the previous year, books and accredited conference proceedings each contributed 7 percent of our total accredited publishing output, while journals contributed 86 percent). In 2012, Rhodes submitted 46.82 book and book chapter units for consideration (up by 33 percent on the 2011 submission), and 32.04 accredited conference proceeding weighted units (down by 8.6 percent on the 2011 submission, which in turn had been up 46.8 percent on the previous year’s submission).Year-on-year variance on the relatively small submission base in these categories is to be expected. The big component of Rhodes’ publication output, our journal publications, grew by 13.2 percent on the 2011 level to 350.47 units (the previous year has seen a 6 percent increase in this category), maintaining Rhodes’ position amongst the most research productive institutions in the South African Higher Education system. Coupled with Rhodes’ high volume of accredited journal outputs in relation to its size, a very pleasing quality measure is that 90 percent of Journal outputs (the highest proportion in the sector) appear in internationally accredited journal indices. Accredited outputs from thesis-based PhD and Masters graduates rose by 4.9 percent in 2012 to a new high for Rhodes (2011’s figure had grown by 15.4 percent over 2010, which in turn had grown by 35.8 percent over 2009). I add my warm thanks and congratulations to all of our researchers, funders, collaborators and partners who contributed to the excellent accredited research results of 2012, 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 play a crucial role in preparing the university’s meticulous audited submissions.
- Full Text:
- Date Issued: 2012
Substantive second-level reasoning and experiential learning in legal ethics
- Authors: Kruuse, Helen
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68983 , vital:29345 , https://hdl.handle.net/10520/EJC127082
- Description: Publisher version , This article takes a critical look at law teaching in South Africa and seeks to consider how the application of experiential learning theory may assist law students in gaining a deeper understanding of the law in general, and the complexities of real life practice in particular. While clinical legal education is often seen as the locus of experiential learning in law, the author proposes that well-structured simulations in class can achieve similar goals. The article comprises a description of the nature of experiential learning and a further description of the application of the principles of experiential learning in a particular simulation exercise in a Legal Ethics course (using the US case of Wash St Phys Ins Exch v Fisons Corp 858 P2d 1054 (Wash 1993) as a basis). The author posits that the so-called experiential learning "cycle" or "process" enables a process of learning which draws out the students' beliefs and ideas about a topic so that it can be examined, tested and integrated with new, more refined ideas. This notion is then in keeping with the expectation that students who emerge from higher education institutions have developed meta-cognitive skills. Essentially then, it is hoped that, by using the methods proposed in this article, students can then manage their own development and learning throughout life.
- Full Text: false
- Date Issued: 2012
- Authors: Kruuse, Helen
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68983 , vital:29345 , https://hdl.handle.net/10520/EJC127082
- Description: Publisher version , This article takes a critical look at law teaching in South Africa and seeks to consider how the application of experiential learning theory may assist law students in gaining a deeper understanding of the law in general, and the complexities of real life practice in particular. While clinical legal education is often seen as the locus of experiential learning in law, the author proposes that well-structured simulations in class can achieve similar goals. The article comprises a description of the nature of experiential learning and a further description of the application of the principles of experiential learning in a particular simulation exercise in a Legal Ethics course (using the US case of Wash St Phys Ins Exch v Fisons Corp 858 P2d 1054 (Wash 1993) as a basis). The author posits that the so-called experiential learning "cycle" or "process" enables a process of learning which draws out the students' beliefs and ideas about a topic so that it can be examined, tested and integrated with new, more refined ideas. This notion is then in keeping with the expectation that students who emerge from higher education institutions have developed meta-cognitive skills. Essentially then, it is hoped that, by using the methods proposed in this article, students can then manage their own development and learning throughout life.
- Full Text: false
- Date Issued: 2012
The narrative of vulnerability and deprivation in protection regimes for the internally displaced persons (IDPs) in Africa: an appraisal of the Kampala Convention
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128448 , vital:36110 , https://heinonline.org/HOL/Page?handle=hein.journals/laacydev16amp;div=14amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: Prior to the 1990s, the phenomenon of internal displacement did not attract much attention from the international community. Most states, suspicious of the external interests in what they considered to be a purely internal matter were not keen to expose difficulties or suffering of their displaced citizens. And insistence on protection of the internally displaced by international organisations was seen as an affront to sovereignty.
- Full Text: false
- Date Issued: 2012
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128448 , vital:36110 , https://heinonline.org/HOL/Page?handle=hein.journals/laacydev16amp;div=14amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: Prior to the 1990s, the phenomenon of internal displacement did not attract much attention from the international community. Most states, suspicious of the external interests in what they considered to be a purely internal matter were not keen to expose difficulties or suffering of their displaced citizens. And insistence on protection of the internally displaced by international organisations was seen as an affront to sovereignty.
- Full Text: false
- Date Issued: 2012
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