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Pretoria Student Law Review 2021-15 by Phenyo Nomasonto Morweši Sekati Pdf
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 by Simon Motshweni Pdf
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
COVID-19 and women’s intersectionalities in Africa by Ashwanee Budoo-Scholtz,Adetokunbo Johnson Pdf
COVID-19 has become one of the most severe issues dominating discussions on the agendas of states globally, and across the African continent, since its emergence in 2019. The COVID-19 pandemic has regrettably brought into sharp focus the continued multiple and intersecting forms of discrimination faced by women and girls in Africa because of their intersecting identities. Yet, paradoxically, although African women are disproportionately affected by the crisis, they are largely invisible in the responses. Several African states and governments have taken different policy measures in response to the pandemic. These responses have taken different dimensions, including shutting down economies, imposition of lockdowns, coercive quarantine measures with police enforcement and criminal consequences for offenders violating these rules. Unfortunately, these responses have reinforced and amplified women’s disproportionate disadvantage and gender inequalities in Africa. Against this backdrop, this book asks the intersectional question about women’s experiences during the COVID-19 pandemic in Africa. Applying an intersectional human rights lens involves questioning how the intersecting identities that African women embody affect their experiences of the COVID-19 pandemic.
Policing during the COVID-19 Pandemic by Sanja Kutnjak Ivkovich,Marijana Kotlaja,Jon Maskály,Peter Neyroud Pdf
Providing a global perspective on police adaptations to the COVID-19 pandemic, this book explores the extent of police organizational and operational changes in a number of countries as diverse as Brazil, China, South Africa, South Korea, the Philippines, Russia, the United Kingdom, and the United States. Bringing together a range of international experts, this book reflects on the changes in the broader social environment during the pandemic, examining the contours of police operational and organizational changes across several countries, analyzes the police enforcement of the government COVID-19 rules and regulations, explores the factors related to the COVID-19 effects on police officer wellness and safety, and studies police administrator, police officer, and citizen views about the potential consequences of organizational and operational changes on the interpersonal relations within police agencies and police–community partnerships. Policing During the COVID-19 Pandemic is essential reading for scholars and practitioners interested in exploring the police organizational adaptations, particularly in the times of emergencies, and the societal, cultural, and legal impacts of such adaptations. Sanja Kutnjak Ivković is Professor at the School of Criminal Justice, Michigan State University, USA. She is the Co-Editor of Policing: An International Journal. She is past Chair of the Division of International Criminology, American Society of Criminology, and past Chair of the International Division, Academy of Criminal Justice Sciences. Her co-authored and co-edited books on policing include: Exploring Contemporary Police Challenges, Police Code of Silence in the Times of Change, Police Integrity in South Africa, Exploring Police Integrity, Police Integrity across the World, Enhancing Police Integrity, Fallen Blue Knights, and The Contours of Police Integrity. Marijana Kotlaja is Assistant Professor in the Department of Criminal Justice and Criminology at the University of Missouri-Kansas City, USA. She is involved in evaluation research projects with many organizations, specifically focused on crime and place, and juvenile delinquency. She has led multiple international data collection efforts and has extensive knowledge of advanced quantitative methodology, including structural equation modeling, Bayesian analysis, and hierarchical linear models. She is the Secretary/Treasurer of the Division of International Criminology (American Society of Criminology), as well as the Editor of Around the Globe for the Criminologist. Jon Maskály is Assistant Professor in the Department of Criminal Justice at the University of North Dakota, USA. He won (with co-authors) the 2016 William L. Simon Outstanding Paper award from the Academy of Criminal Justice Sciences. His primary research interests revolve around issues in policing, notably police–community relations, police integrity, and police accountability. He has worked as a subject matter expert in several police reform projects around the nation. He has secured multiple contracts with police organizations to enhance their ability to make data-driven decisions. Peter Neyroud is Associate Professor in Evidence-Based Policing in the Jerry Lee Centre for Experimental Criminology, University of Cambridge, UK. He is the General Editor of the Oxford Journal Policing: A Journal of Policy and Practice. He set up and ran the UK National Policing Improvement Agency. He was commissioned by the UK Home Secretary to carry out a fundamental “Review of Police Leadership and Training,” which led to the establishment of the National “College of Policing.” He is the Co-Chair of the Campbell Collaboration Crime and Justice Coordinating Group.
Decolonisation, Anti-Racism, and Legal Pedagogy by Foluke I Adebisi,Suhraiya Jivraj,Ntina Tzouvala Pdf
This book offers an international breadth of historical and theoretical insights into recent efforts to "decolonise" legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate law level teachers and researchers.
Handbook of Research on Creating Spaces for African Epistemologies in the Inclusive Education Discourse by Maguvhe, Mbulaheni Obert,Masuku, Mfundo Mandla Pdf
Students with disabilities who are not able to perform to the best of their abilities often find themselves learning in inaccessible environments and subjected to increased stress levels due to the haphazard provisioning of education characterized by physical, communicative, and unsuitable teaching and learning approaches. Very often this is a result of various shortcomings including unfair assessment practices. Misconceptions and a lack of knowledge with regard to the implementation of inclusive education detract from the successful admission of students with disabilities and their retention and active participation. The Handbook of Research on Creating Spaces for African Epistemologies in the Inclusive Education Discourse explores the concept of inclusive education in an African context. It advocates for the monitoring and evaluation of inclusive education and proposes interventions where reasonable accommodation or lack of accessibility is a reason for students with disabilities to not benefit from this system. Covering topics such as barriers to learning, rural schools, and student support, this major reference work is an essential resource for administrators, advocates for students with disabilities, policymakers, researchers, pre-service teachers, educators, academicians, and students.
Police Use of Force by James F. Albrecht,Garth den Heyer Pdf
This volume provides a comprehensive examination and analysis of the concepts and issues related to police use of force, particularly the use of deadly force with a firearm, from multi-faceted and international perspectives. It explores innovative training, protocols, policies, tactical options for de-escalation, and recommendations for the restriction of the use of force by law enforcement officers in an effort to reduce the likelihood of injury to police, the pubic and criminal suspects. Additionally, it outlines tactics for effective crowd control at demonstrations and during riots. This book specifically delineates practical policy implications suggested from highly recognized professionals with extensive experience in policing, training and related research. It is ideal for graduate and upper level undergraduate students, scholars, academics, researchers, government and community leaders, and criminal justice and law enforcement administrators and policy makers.
Reimagining Legal Pluralism in Africa by Anonim Pdf
This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.
Risk Management and Public Service Reform by Iniobong Enang Pdf
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.
A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond by Zakeera Docrat,Russell H Kaschula ,Monwabisi K Ralarala Pdf
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.
Sexual Education Around the World - Past, Present and Future Issues by Rogena Sterling Pdf
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.
Smart and Resilient Infrastructure For Emerging Economies: Perspectives on Building Better by Innocent Musonda,Erastus Mwanaumo,Adetayo Onososen,Thembani Moyo Pdf
Smart and Resilient Infrastructure For Emerging Economies: Perspectives on Building Better is about pressing and multidimensional challenges faced in constructing resilient, sustainable, and smart infrastructure in developing countries. The 32 case studies, literature reviews, comparative analyses and systematic reviews, cover a wide range of topics, including: - sustainable and resilient infrastructure development - smart cities - digital innovation in construction - infrastructure investment - construction ergonomics - socio-environmental sustainability - gender equity, and - climate change responses The contributions present innovative solutions, impactful insights, and substantive contributions to the discourse on sustainable infrastructure development, and illuminate the interplay between infrastructure development, social justice, environmental sustainability, and technological advancement. Smart and Resilient Infrastructure For Emerging Economies: Perspectives on Building Better is essential reading for academics, researchers, practitioners, policymakers, and students involved in the built environment, infrastructure delivery, investment in infrastructure, civil engineering, architecture, urban planning, environmental science, and other related disciplines.
Recalibrating teacher training in African higher education institutions by Sifiso Sibanda,Gideon (Deon) P. van Tonder,Washington T. Dudu Pdf
This book critically examines the role of governments in promoting parity during and in post-pandemic education. This comes from the realisation that the pandemic has deepened the crisis by depleting the meagre resources that African countries might have devoted to ‘normative educational practices’ where those on the margins would have been pushed further behind while the privileged would have been further initiated into the cultural and capital flows of private schools and historically research-intensive institutions of higher learning. This has far-reaching implications for the education of underprivileged citizens, and education, particularly modes and modalities of delivery, has to be reimagined to subvert the challenges wrought by the pandemic. This book significantly bridges the gap between the pre-and post-COVID-19 pandemic pedagogical practices and the erstwhile modalities that have been resilient over time. The book focuses on ways to stave off pedagogical challenges that face countries as the global pandemic makes its mark.
Youth Exclusion and Empowerment in the Contemporary Global Order by Oláyínká Àkànle Pdf
The first volume of Youth Exclusion and Empowerment in the Contemporary Global Order focuses particularly on contexts of economic, educational and governance concerns that confront youths globally, the complex consequences of these issues, their experience of exclusion, and sustainable pathways forward.
