Mortgage bonds and the right of access to adequate housing in South Africa: Gundwana v Stoke Development and Others 2011 (3) SA 608 (CC)
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127479 , vital:36015 , https://hdl.handle.net/10520/EJC129329
- Description: This article offers a critique of Gundwana v Stoke Development and Others 2011 (3) SA 608 (CC), a case in which the Constitutional Court of South Africa found it to be unconstitutional for the registrar of a high court to declare immovable properties specially executable when ordering a default judgement, to the extent that such an order "permitted the sale and execution of a home of a person". The Court interpreted the property clause in section 25, access to right to housing in section 26 of the Constitution, as mandating "further judicial oversight" in all cases where execution is levied against residential property. The article raises some of the shortcomings of this interpretive scheme and suggests that constitutional values, when used to curtail or enlarge obligations of parties to a mortgage bond, must take into account the general rights and duties which the parties assumed at the signing of the agreement; the circumstances of each of the parties at the time of execution and ascertained through a careful evaluation based on a clearly articulated set of principles, and the nature of constitutional rights themselves. The article argues that, whereas there may be circumstances in which a debtor may need protection, rather than impose a blanket abrogation of procedures allowing for expedient disposal of uncontested claims, the court should instead have considered the establishment of further procedural safeguards.
- Full Text: false
- Date Issued: 2012
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127479 , vital:36015 , https://hdl.handle.net/10520/EJC129329
- Description: This article offers a critique of Gundwana v Stoke Development and Others 2011 (3) SA 608 (CC), a case in which the Constitutional Court of South Africa found it to be unconstitutional for the registrar of a high court to declare immovable properties specially executable when ordering a default judgement, to the extent that such an order "permitted the sale and execution of a home of a person". The Court interpreted the property clause in section 25, access to right to housing in section 26 of the Constitution, as mandating "further judicial oversight" in all cases where execution is levied against residential property. The article raises some of the shortcomings of this interpretive scheme and suggests that constitutional values, when used to curtail or enlarge obligations of parties to a mortgage bond, must take into account the general rights and duties which the parties assumed at the signing of the agreement; the circumstances of each of the parties at the time of execution and ascertained through a careful evaluation based on a clearly articulated set of principles, and the nature of constitutional rights themselves. The article argues that, whereas there may be circumstances in which a debtor may need protection, rather than impose a blanket abrogation of procedures allowing for expedient disposal of uncontested claims, the court should instead have considered the establishment of further procedural safeguards.
- Full Text: false
- Date Issued: 2012
Normative and institutional approaches to the protection of property rights of IDPs in Kenya's Rift Valley Province
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127464 , vital:36014 , https://doi.org/10.3366/ajicl.2012.0033
- Description: The post-election violence of 2008 which displaced about 600,000 people in six out of the eight provinces of Kenya1 has brought the plight of the internally displaced persons (IDPs) to the forefront of the national debate on politics and law. Transcending this debate is the sobering reality that inasmuch as the events of 2008 were catastrophic, they were a mere replay of the ethnically engineered political violence that Kenyans have had to endure before and after every major election since 1990.2
- Full Text: false
- Date Issued: 2012
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127464 , vital:36014 , https://doi.org/10.3366/ajicl.2012.0033
- Description: The post-election violence of 2008 which displaced about 600,000 people in six out of the eight provinces of Kenya1 has brought the plight of the internally displaced persons (IDPs) to the forefront of the national debate on politics and law. Transcending this debate is the sobering reality that inasmuch as the events of 2008 were catastrophic, they were a mere replay of the ethnically engineered political violence that Kenyans have had to endure before and after every major election since 1990.2
- 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 economics of greening the Grahamstown National Arts Festival in South Africa
- Dobson, Blaise, Snowball, Jeanette D
- Authors: Dobson, Blaise , Snowball, Jeanette D
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71445 , vital:29851 , https://hdl.handle.net/10520/EJC132010
- Description: The article analyses the broad history underpinning the notion of sustainable development and its context within the events industry in South Africa. It explores the willingness of festival-goers to pay for a hypothetical recycling programme to reduce the negative externalities of the Festival. Results show that festival-goers were, on average, willing to pay an additional R2.30 per "green" ticket to fund the proposed programme. A statistical regression was used to explore the determinants of willing-to-pay. If applied to all tickets, the total willing-to-pay amount far exceeded the actual cost of the recycling programme.
- Full Text: false
- Date Issued: 2012
- Authors: Dobson, Blaise , Snowball, Jeanette D
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71445 , vital:29851 , https://hdl.handle.net/10520/EJC132010
- Description: The article analyses the broad history underpinning the notion of sustainable development and its context within the events industry in South Africa. It explores the willingness of festival-goers to pay for a hypothetical recycling programme to reduce the negative externalities of the Festival. Results show that festival-goers were, on average, willing to pay an additional R2.30 per "green" ticket to fund the proposed programme. A statistical regression was used to explore the determinants of willing-to-pay. If applied to all tickets, the total willing-to-pay amount far exceeded the actual cost of the recycling programme.
- 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
The recognition of unenumerated rights in South Africa
- Krüger, Rósaan, Govindjee, Avinash
- Authors: Krüger, Rósaan , Govindjee, Avinash
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71093 , vital:29783 , https://hdl.handle.net/10520/EJC153177
- Description: In 1997 a South African man married a woman who, at the time of the conclusion of their marriage, was a national of a foreign country. The couple decided to set up home and start a family in South Africa. They were advised that the granting of a permanent residence permit to the wife would only be considered upon payment of a hefty application fee, and that she had to apply for the permit from outside South Africa. The couple was of the view that the high cost of the application coupled with their temporary separation at the time of the lodging of the application amounted to an unjustifiable limitation of their right to family life. One of the obstacles faced by the couple was the silence of the South Africa Constitution on the right to family life.
- Full Text: false
- Date Issued: 2012
- Authors: Krüger, Rósaan , Govindjee, Avinash
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71093 , vital:29783 , https://hdl.handle.net/10520/EJC153177
- Description: In 1997 a South African man married a woman who, at the time of the conclusion of their marriage, was a national of a foreign country. The couple decided to set up home and start a family in South Africa. They were advised that the granting of a permanent residence permit to the wife would only be considered upon payment of a hefty application fee, and that she had to apply for the permit from outside South Africa. The couple was of the view that the high cost of the application coupled with their temporary separation at the time of the lodging of the application amounted to an unjustifiable limitation of their right to family life. One of the obstacles faced by the couple was the silence of the South Africa Constitution on the right to family life.
- Full Text: false
- Date Issued: 2012
Understanding student performance in a large class
- Snowball, Jeanette D, Boughey, Chrissie
- Authors: Snowball, Jeanette D , Boughey, Chrissie
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71333 , vital:29834 , https://www.tandfonline.com/doi/abs/10.1080/14703297.2012.677658
- Description: Across the world, university teachers are increasingly being required to engage with diversity in the classes they teach. Using the data from a large Economics 1 class at a South African university, this attempts to understand the effects of diversity on chances of success and how assessment can impact on this. By demonstrating how theory can be used to understand results, the paper aims to encourage university teachers to adopt proactive strategies in managing diversity, rather than simply explaining it using student characteristics.
- Full Text: false
- Date Issued: 2012
- Authors: Snowball, Jeanette D , Boughey, Chrissie
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71333 , vital:29834 , https://www.tandfonline.com/doi/abs/10.1080/14703297.2012.677658
- Description: Across the world, university teachers are increasingly being required to engage with diversity in the classes they teach. Using the data from a large Economics 1 class at a South African university, this attempts to understand the effects of diversity on chances of success and how assessment can impact on this. By demonstrating how theory can be used to understand results, the paper aims to encourage university teachers to adopt proactive strategies in managing diversity, rather than simply explaining it using student characteristics.
- Full Text: false
- Date Issued: 2012
Where angels fear to tread: online peer-assessment in a large first-year class
- Mostert, Markus, Snowball, Jeanette D
- Authors: Mostert, Markus , Snowball, Jeanette D
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/69289 , vital:29480 , https://doi.org/10.1080/02602938.2012.683770
- Description: In the context of widening participation, large classes and increased diversity, assessment of student learning is becoming increasingly problematic in that providing formative feedback aimed at developing student writing proves to be particularly laborious. Although the potential value of peer assessment has been well documented in the literature, the associated administrative burden, also in relation to managing anonymity and intellectual ownership, makes this option less attractive, particularly in large classes. A potential solution involves the use of information and communication technologies to automate the logistics associated with peer assessment in a time-efficient way. However, uptake of such systems in the higher education community is limited, and research in this area is only beginning. This case study reports on the use of the Moodle Workshop module for formative peer assessment of students’ individual work in a first-year introductory macro-economics class of over 800 students. Data were collected through an end-of-course evaluation survey of students. The study found that using the feature-rich Workshop module not only addressed many of the practical challenges associated with paper-based peer assessments, but also provided a range of additional options for enhancing validity and reliability of peer assessments that would not be possible with paper-based systems.
- Full Text: false
- Date Issued: 2012
- Authors: Mostert, Markus , Snowball, Jeanette D
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/69289 , vital:29480 , https://doi.org/10.1080/02602938.2012.683770
- Description: In the context of widening participation, large classes and increased diversity, assessment of student learning is becoming increasingly problematic in that providing formative feedback aimed at developing student writing proves to be particularly laborious. Although the potential value of peer assessment has been well documented in the literature, the associated administrative burden, also in relation to managing anonymity and intellectual ownership, makes this option less attractive, particularly in large classes. A potential solution involves the use of information and communication technologies to automate the logistics associated with peer assessment in a time-efficient way. However, uptake of such systems in the higher education community is limited, and research in this area is only beginning. This case study reports on the use of the Moodle Workshop module for formative peer assessment of students’ individual work in a first-year introductory macro-economics class of over 800 students. Data were collected through an end-of-course evaluation survey of students. The study found that using the feature-rich Workshop module not only addressed many of the practical challenges associated with paper-based peer assessments, but also provided a range of additional options for enhancing validity and reliability of peer assessments that would not be possible with paper-based systems.
- Full Text: false
- Date Issued: 2012
2011 Shoprite Checkers Women of the Year Lifetime Achievement Award
- Date: 2011-07-23 , 2022-10-04
- Subjects: Bam, Brigalia , Bam, Brigalia -- Awards
- Language: English
- Type: award , realia
- Identifier: http://hdl.handle.net/10948/56804 , vital:57175
- Description: Dr. Brigalia Bam received the Shoprite Checkers Women of the Year Award in 23 July 2011, reflecting the Heroes of the Future Lifetime Achiever. , Dr Brigalia Bam was honored with the 2011 Shoprite Checkers Women of the Year Lifetime Achievement Award after the public nominated her in 2011 as the esteemed South African who during her lifetime has inspired generations and has had an impact on the future of many fellow South Africans during her lifetime. , Donated/gifted to Nelson Mandela University Archives , Forms part of: Brigalia Bam collection
- Full Text: false
- Date Issued: 2011-07-23
- Date: 2011-07-23 , 2022-10-04
- Subjects: Bam, Brigalia , Bam, Brigalia -- Awards
- Language: English
- Type: award , realia
- Identifier: http://hdl.handle.net/10948/56804 , vital:57175
- Description: Dr. Brigalia Bam received the Shoprite Checkers Women of the Year Award in 23 July 2011, reflecting the Heroes of the Future Lifetime Achiever. , Dr Brigalia Bam was honored with the 2011 Shoprite Checkers Women of the Year Lifetime Achievement Award after the public nominated her in 2011 as the esteemed South African who during her lifetime has inspired generations and has had an impact on the future of many fellow South Africans during her lifetime. , Donated/gifted to Nelson Mandela University Archives , Forms part of: Brigalia Bam collection
- Full Text: false
- Date Issued: 2011-07-23
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
- Date Issued: 2011
- 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
- Date Issued: 2011
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
- Date Issued: 2011
- 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
- Date Issued: 2011
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
- Date Issued: 2011
- 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
- Date Issued: 2011
Lifetime Achievement for Distinguished Public Service
- Date: 2011 , 2022-09-23
- Subjects: Bam, Brigalia , Bam, Brigalia -- Awards
- Language: English
- Type: realia
- Identifier: http://hdl.handle.net/10948/56635 , vital:56873
- Description: Dr. Brigalia Bam was awarded a Lifetime Achievement for Distinguished Public Service in 2011, from the Public Sector Advisory Council. , Donated/gifted to Nelson Mandela University Archives , Forms part of: Brigalia Bam collection
- Full Text: false
- Date Issued: 2011
- Date: 2011 , 2022-09-23
- Subjects: Bam, Brigalia , Bam, Brigalia -- Awards
- Language: English
- Type: realia
- Identifier: http://hdl.handle.net/10948/56635 , vital:56873
- Description: Dr. Brigalia Bam was awarded a Lifetime Achievement for Distinguished Public Service in 2011, from the Public Sector Advisory Council. , Donated/gifted to Nelson Mandela University Archives , Forms part of: Brigalia Bam collection
- Full Text: false
- Date Issued: 2011
Living by voices we shall never hear: seeing animals differently
- Mitchell, Pauline, Mitchell, Les
- Authors: Mitchell, Pauline , Mitchell, Les
- Date: 2011
- Language: English
- Type: Monograph
- Identifier: vital:12230
- Description: We live in the midst of animals; the products of their bodies and products made from their bodies are everywhere. Over thousands of years we have used these beings for our own ends; for hauling loads, grinding grain, making roads, carrying people, working in mines, powering machinery, ploughing land and making war. Each day of the year we kill, on average, in the food industry alone, the same number of animals as there are people in the whole of southern Africa. Animals have been our unpaid, unacknowledged and, for the most part, appallingly treated slaves, on whose backs, it is no exaggeration to say, our present world has been built. Perhaps it is time to consider our relationship with them. For this book we originally asked Quakers and people attending Quaker Meetings to write about ‘seeing animals differently’ and our contributors are Friends or attenders or people who have some association with Friends. The authors live in the UK, South Africa, Zimbabwe, New Zealand, Australia and the United States. There is a saying that trying to organise Quakers is like trying to herd cats and the diversity in this small book clearly bears this out. We An introduction to the book Pauline and Les Mitchell Introduction have not made any attempt to impose uniformity or to ask authors to write to any formula, which means that what you read carries the original voice and style of the contributor. We feel that, rather than a weakness, this is a strength of the collection and shows how diverse yet interwoven our perspectives can be.
- Full Text: false
- Date Issued: 2011
- Authors: Mitchell, Pauline , Mitchell, Les
- Date: 2011
- Language: English
- Type: Monograph
- Identifier: vital:12230
- Description: We live in the midst of animals; the products of their bodies and products made from their bodies are everywhere. Over thousands of years we have used these beings for our own ends; for hauling loads, grinding grain, making roads, carrying people, working in mines, powering machinery, ploughing land and making war. Each day of the year we kill, on average, in the food industry alone, the same number of animals as there are people in the whole of southern Africa. Animals have been our unpaid, unacknowledged and, for the most part, appallingly treated slaves, on whose backs, it is no exaggeration to say, our present world has been built. Perhaps it is time to consider our relationship with them. For this book we originally asked Quakers and people attending Quaker Meetings to write about ‘seeing animals differently’ and our contributors are Friends or attenders or people who have some association with Friends. The authors live in the UK, South Africa, Zimbabwe, New Zealand, Australia and the United States. There is a saying that trying to organise Quakers is like trying to herd cats and the diversity in this small book clearly bears this out. We An introduction to the book Pauline and Les Mitchell Introduction have not made any attempt to impose uniformity or to ask authors to write to any formula, which means that what you read carries the original voice and style of the contributor. We feel that, rather than a weakness, this is a strength of the collection and shows how diverse yet interwoven our perspectives can be.
- Full Text: false
- Date Issued: 2011
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
- Date Issued: 2011
- 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
- Date Issued: 2011
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
- Date Issued: 2011
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
- Date Issued: 2011
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:
- Date Issued: 2011
- 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:
- Date Issued: 2011
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
- Date Issued: 2011
- 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
- Date Issued: 2011