Pretoria Student Law Review 2021-15

Pretoria Student Law Review 2021-15
Author: Phenyo Nomasonto Morweši Sekati
Publisher: Pretoria University Law Press
Total Pages: 482
Release: 2022-01-01
Genre: Law
ISBN:

About the publication I am delighted to present to you, the reader, the fifteenth edition of the Pretoria Student Law Review (PSLR) with its Special Section on ‘Social Justice and COVID-19’. This year’s Annual Edition, together with the developments made during the year, is a testament to the growth, resilience, and adaptability of this student-driven initiative especially during these turbulent times. This year has also been one of reflection and remembrance as we publish this edition in tribute to the late Professor Christof Heyns whose instrumentality in the establishment of the Pretoria University Law Press (PULP) has brought us to where we are today. Fourteen years since its inception and the PSLR still continues to grow and evolve whilst remaining true to its thriving legacy in fostering excellence and innovation through legal writing. This publication’s uniqueness is also presented through its diverse contributions all addressing contemporary societal and legal issues under a broad range of legal disciplines. In an era of many continued ‘firsts’, the PSLR has strived to build on the legacy of its predecessors by expanding on the Journal’s visibility and accessibility. The PSLR’s digital presence has now grown substantially leading to an increase in quality submissions from institutions across the country. This year, the PSLR launched its first independent website and developed an official logo for the Journal and its online platforms. Authors are now able to submit their papers through the Open Journals System platform, track their workflow, manage their submissions, and submit at any time outside of the PSLR’s official call for submissions. We can firmly submit that we have, in pursuance of being a DHET accredited journal, fulfilled the standards set out by the Department of Higher Education and Training. Many thanks are extended to Makone Maja for developing the website. Your patience, guidance, and geniality are truly appreciated. Thank you also to Jakolien Strydom and ClickCreate for your charitable assistance in developing and designing the logo. To the authors, this year has, in many respects, been challenging with many of those challenges affecting students directly. We appreciate the dedicated efforts put into your submissions and your wholehearted cooperation throughout the entire process. Much appreciation is also extended to the reviewers who have selflessly committed to assisting the PSLR during the peer-review process. To all of the reviewers, your input, guidance, and recommendations are greatly appreciated. Phenyo Nomasonto Morwesi Sekati Editor-in-Chief 2020

Pretoria Student Law Review 2020-14-2

Pretoria Student Law Review 2020-14-2
Author: Simon Motshweni
Publisher: Pretoria University Law Press
Total Pages: 413
Release: 2020-01-01
Genre: Law
ISBN:

About the publication Honoured to present to you, the reader, the 2020 edition of the Pretoria Student Law Review (PSLR), an annual publication which is the pride of the best law faculty in Africa (according to the Times Higher Education World University Rankings). The University of Pretoria’s Law Faculty ranks in the top 100 law faculties in the world, a feat unequalled in Africa. The PSLR is a student driven law review that creates an interactive forum for students, academics and legal professionals to discuss topical legal matters that challenge the status quo. At the beginning of this year, lay the fantasy of newness — presenting an opportunity to do great things. But as I reflect on the journey leading to this publication, I understand that the 2020 edition of the PSLR had an engine that ran on hope; faith; dedication; perseverance; commitment and hard work. Our predecessors had a vision to create a boldly outlined legacy for the PSLR, they spearheaded the setting up of a system that would last the lifespan of the PSLR. Today, some 13 years after the first edition of the PSLR, South Africa, the continent and the world at large are on the cusp of a new era — socially, economically and politically. When my journey as Editor-in-Chief commenced, I imagined the PSLR as a ship, whose captain was myself. Customarily, it is easy to be a captain of a ship in calm seas, but unlike most of my predecessors, I have had to be the captain of a ship through the heftiest of storms. The world was not truly prepared to face challenges presented by the Covid-19, let alone the PSLR. In the wake of the 4IR and this new age of technology, sailing this ship to success was still a heavy task to complete. It is therefore with great honour to have been able to successfully complete the task for which we, the 14th cohort of the Editorial Board, were called for. We have upheld the esteemed reputations that have been left by our predecessors. Fittingly, I wish to applaud my team for their inspiring commitment, outstanding contribution and service in maintaining the elevated standard of the PSLR. For indeed it is a publication, par excellence. Amidst the storms, we have spearheaded the establishment of a ‘free-floating’ PSLR Collection in the OR Tambo Law Library. This collection is dedicated to house all published PSLR editions, dating since the inception of the PSLR in 2007. We have established and strengthened relations with other Law Faculties in the country, and even beyond. We published the very first special edition of the PSLR, a focused edition that covers a critical issue brought before the South African Law Deans Association — the Decolonisation of Legal Education. We have established a system by which all authors who publish with us, ought to have an ORCID iD. We have adopted internal regulations that outline the principles that govern the Editorial Board. We have spearheaded the adoption and implementation of a policy that forces us to comply with DHET Standards in order to be a DHET Accredited Journal so as to encourage and foster a student culture of critical research & writing in legal academia. I am truly proud of the work that the authors have put into their articles and I would like to thank them for their submissions and tireless efforts to produce quality articles. More-so, I am proud of the Editorial Board for being able to work under immense pressure. This edition would have not been possible without the dedication and hard work of this dream team. I remain indebted to you all: Adelaide Chagopa, Kayla Thomas, Marcia van der Merwe, Nicholas Herd and Phenyo Sekati. It has been a great pleasure and a privilege to have worked with you on this annual edition. A note of thanks to Dr Gustav Muller in his capacity as the Guardian of the PSLR. To the reviewers, your adjudication lays the foundation for each edition, year-in-yearout. Your support and contribution to the PSLR remains invaluable. To Lizette Hermann, Elzet Hurter and Mornay Hassen, thank you for your continued and immeasurable support throughout this journey. To Primrose E.R Kurasha, thank you for believing in me and for guiding me. I am forever indebted to you my friend. To my family: Elizabeth Mtshweni; Jostina Mtshweni; Clayton Mtshweni; Lucas Berto Mateus; Stephine Mashilo and Lerato Mashilo, words cannot begin to express my gratitude for all the support you have given me throughout this journey. Thank you for keeping me sane through one of the toughest times of my ‘publishing’ career. Thank you for the endless amount of support and the unconditional love you give me always. You are the power & oil that kept this engine running, all by the sufficient grace of God. I hereby pass the baton and entrust the next Editor-in-Chief with the difficult task of running faster and running a better marathon than myself and my predecessors. To you future author, I implore you to start writing, for the water does not flow until the faucet is turned on. To you the reader, Jurgen Zwecker was right: enjoy the read — without fear to question what is in front of you, for that is the only way we, as scholars, grow. Simon Motshweni Editor-in-Chief 2020 Table of Contents Editors’ note by Simon Motshweni Statutory utility rights to realise access to services as a characteristic of adequate housing by Gustav Muller The experiences of women and barriers for career advancement in tertiary institutions in a South African context by Bernardete Mendes ‘I’ve changed’ says South African law: Has the judiciary opened up to black women lawyers? by Cebolenkosi Makhaye Sexual orientation and gender identities (SOGI) law and social change by Chanelle van der Linde Game of Thrones: The battle of the Mphephus by Gudani Tshikota Critical race theory and feminist legal theory: Perspectives on transformation of the judiciary by Hayley C. Warring International law rules relating to migration arising from rising sea-levels by Keketso G. Kgomosotho The constitutionality of warrantless search and seizure operations by Khalipha Shange The constitutionality of warrantless search and seizure operations by Lehlohonolo January A comparative analysis of the proposed mandatory nature of employment legislation and its interaction with the choice of law of an international contract by Marcia van der Merwe Property rights and the basic structure of the Constitution: The case of the Draft Constitution Eighteenth Amendment Bill by Martin van Staden Speak no law without justice: Evaluating the retrospective force of declarations of unconstitutionality with specific reference to Qwelane v SAHRC & Others (686/2018) [2019] ZASCA 167 194 by MP Fourie & Marno Swart A critique of the determination of a composite supply for VAT purposes in South Africa: Lessons from selected countries by Mzwandile Ngidi Workers of the world, un-united: A discussion through a gendered lens on why stronger protection of workers in the informal economy will better equip South Africa to cope with labour market changes of the Fourth Industrial Revolution by Shaniaé Maharaj Dismantling the status quo: Prohibiting unfair discrimination on the grounds of poverty under capitalism by Sohela Surajpal Neoliberalism and inequality in post-apartheid South Africa by Thabiso Mfete When life gives you law, make lemonade: Exploring the ‘legalised’ oppression of black women in the United States of America and South Africa and their musical response thereto by Thandeka N. Khoza The Fourth Industrial Revolution: A case for educational transformation by Thembekile M. Mtsweni The Gabriel Fernandez case: A comparative analysis of a ‘mandated reporter’ in light of the Children’s Act by Thiavna Subroyen Transformative adjudication and the place of administrative law in South African jurisprudence: ABSA Bank Limited v Public Protector by Tshepo Twala & Mpho Mogadime The pas de deux between education and recreation: Facilitating the realisation of Articles 11 and 12 of the African Charter on the Rights and Welfare of the Child in Schools by Thandeka N. Khoza & Cebolenkosi Zuma

Risk Management and Public Service Reform

Risk Management and Public Service Reform
Author: Iniobong Enang
Publisher: Taylor & Francis
Total Pages: 191
Release: 2023-04-28
Genre: Business & Economics
ISBN: 1000853667

School education reform is a dynamic process. It takes place in the context of changing institutional structures including society, economy, politics, legislation, and technology. Yet, there can be poor awareness of risk, particularly social risk, and its management during this process and more widely, during public service reform (PSR). This book aims to promote new PSR understanding about social risk management. It utilizes in-depth case studies comprising two anonymous Scottish councils responsible for providing and reforming school education services. Drawing mainly on risk management and structuration theories with elements of complexity leadership and institutional theories, the book explains contextual issues around the reform of Scottish school education services (SSES). It illustrates that social risks associated with reform can be used to explain emerging threats. Furthermore, it demonstrates that agent-structure duality may be instrumental to the production and management of social risks. The book also shows how the concept of social risk can be used to improve policy making and implementation. Targeted at practitioners, researchers, policymakers, and students, this book will be of interest to those in the fields of public administration, public service management, and risk management more generally.

Cynical International Law?

Cynical International Law?
Author: Björnstjern Baade
Publisher: Springer Nature
Total Pages: 369
Release: 2020-11-28
Genre: Law
ISBN: 3662621282

Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.

Human rights in diverse education contexts

Human rights in diverse education contexts
Author: J.P. Rossouw
Publisher: AOSIS
Total Pages: 217
Release: 2019-12-12
Genre: Education
ISBN: 1928523021

The focus of this publication is on answering the central research question: How can Human Rights be advanced with regard to different kinds of diversities, and in different educational settings? The publication pays special attention to the advancement of human rights in a variety of education-related contexts, in keeping with human rights as a declared national priority for both society at large and the education system. One strategic priority of the Faculty of Education is research based on market requirements and needs. This book strives towards meeting this expectation by directly aiming at building human rights and social justice in the South African society, public schools and higher education institutions. Adjudication in the education context of the constitutional values of dignity, equality and freedom focusses regularly on learners. The book highlights the value of education for full-fledged citizenship by delineating what schooling should entail to inspire learners towards both claiming equal freedoms and rights and taking accountability for the responsibilities attached to citizenship.

Sexual Education Around the World - Past, Present and Future Issues

Sexual Education Around the World - Past, Present and Future Issues
Author: Rogena Sterling
Publisher: BoD – Books on Demand
Total Pages: 145
Release: 2023-09-13
Genre: Social Science
ISBN: 1837695954

Sexual education is a worldwide concern that intersects with various attitudes, values, and cultural norms. It is an area of life that has for many years been kept private, but now there is recognition that there is a need to support people, especially young people in modern societies. The way sexual education is taught and applied within institutions shapes the way we understand and approach human sexuality. Various societies have chosen various means to provide sexual education both at school and to the wider society. There is still much more development and support needed, however. We can begin to identify strategies for overcoming challenges in sex education, promoting healthier attitudes, and empowering individuals to make informed decisions about their own bodies and relationships. This book is organized into three sections. The first section focuses on issues in sexual education, such as sexual harassment, sexuality and relationship education and advocacy by people with disabilities, future challenges, and sex differences in physical attractiveness. The second section focuses on the means of sexual health education interventions, including the use of technology. The last section includes a chapter on sex education and the invisibility of intersex people in the curriculum.

Seeking the Right to Food

Seeking the Right to Food
Author: Bright Nkrumah
Publisher: Cambridge University Press
Total Pages: 245
Release: 2021-08-12
Genre: Business & Economics
ISBN: 1316519791

Exploring why South Africans rarely use activism to address food insecurity, this study proposes ways to reclaim the power of collective action.

Biopolitics and Structure in Legal Education

Biopolitics and Structure in Legal Education
Author: Luca Siliquini-Cinelli
Publisher: Taylor & Francis
Total Pages: 212
Release: 2023-06-30
Genre: Law
ISBN: 1000876225

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of structure in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure—and here the particular structure of the law school. This book explores that structure by addressing the characteristics of the biopolitical orders engaged in legal education, including: understanding the lawyer as a commodity, unpicking the force relations in legal education, examining the ways codes of conduct in higher education impact academic freedom, as well as putting the distinctly Western structures of legal learning within a wider context. Assembling original, field-defining essays by both leading international scholars and emerging researchers, it constitutes an indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.

A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond

A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond
Author: Zakeera Docrat
Publisher: African Sun Media
Total Pages: 324
Release: 2021-06-02
Genre: Law
ISBN: 1991201273

A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond is an interdisciplinary publication located in the discipline of forensic linguistics/ language and law. This handbook includes varying comparative African and global case studies on the use of language(s) in courtroom discourse and higher education institutions: Kenya; Morocco; Nigeria; Australia; Belgium Canada and India. These African and global case studies form the backdrop for the critique of the monolingual English language of record policy for South African courts, the core of this handbook, discussed in relation to case law and the beleaguered legal interpretation profession. This handbook argues that linguistic transformation and decolonisation of South Africa’s legal and higher education systems needs to be undertaken where legal practitioners are linguistically equipped to litigate in a bilingual/ multilingual courtroom that enables access to justice for the majority of African language speaking litigants, enforcing their constitutional language rights.

Indigenous People - Traditional Practices and Modern Development

Indigenous People - Traditional Practices and Modern Development
Author: Sanjeet Kumar
Publisher: BoD – Books on Demand
Total Pages: 144
Release: 2024-03-06
Genre: Social Science
ISBN: 0854661700

Indigenous People - Traditional Practices and Modern Development provides a comprehensive overview of indigenous people, their traditional knowledge, and contemporary advancement in a variety of areas. It also discusses the need to preserve indigenous peoples' traditional knowledge in the present context and how to document and restore it. Additionally, it offers baseline data for developing plans for sustainable development and good governance. This book is a useful resource for academics, researchers, students, government agencies, non-governmental groups, and policymakers.components of the Earth. Only indigenous and native pillars can save us globally. Therefore, at any cost, the world must start a new era with indigenous people and their traditional knowledge. This book is a microscopic aspect of an anthropological study of the evolution, culture, rituals, traditional practices, and modern development of indigenous populations, globally speaking. It also enlightens the readers about the varied means of their livelihood and their social organization, religion, art, and music through three broad sections. The book will be quite useful for students, researchers, intellectuals, and general readers throughout the world. I wish for a grand success that will be a source of inspiration in many ways and a life-changing fount in the contemporary world.