Front, Prof OS Sibanda, (Acting Director: School of Law), Prof. Rushiella Songca (ED: CLAW), Prof. Melodie Slabbert (Deputy Executive Dean: CLAW), Prof. Kris Pillay (Director: School of Criminal Justice), and Hadley Saayman (Head: Unisa Law Clinic); and back, Chairs and Student Indaba Committees: S Dimba, M Morolane, B Maboki, and K Msimang

More than 400 College of Law (CLAW) students attended the second annual Student Indaba on 7 March 2013 at Unisa. Present at the indaba were Professor Rushiella Songca, the Executive Dean; Professor Melodie Slabbert, the Deputy Executive Dean; Professor Kris Pillay, the Director of the School of Criminal Justice; and Professor Omphemetse Sibanda, the acting Director of the School of Law. In attendance were also chairs of departments, academic members of departments and the Head of Postgraduate Studies, Professor Sunette Lotter.

The event is a spin-off of the joint commitment of the college and its student population to work closely and to ensure successful achievement of the core business of the college. Indaba is a Zulu word for the concept of “seeking knowledge”, and, in her welcoming address, Songca imparted knowledge on various matters that affect students in both schools. These included opportunities for students in the college and a number of initiatives that the college will be introducing to promote the best interest of the students.

Songca indicated that for the first time in the history of CLAW, students will be given the opportunity to benefit from research awards, including the Barney Pityana Award for African Law. Furthermore, Songca expressed the commitment of the college to take the concept of Grow Your Own Timber to a distinctive level, which will include talent development and attraction from the college’s pool of students. These students will be mentored and groomed for both the academic and professional career paths.

As one of the largest colleges of law on the African continent and perhaps ranking amongst the largest in the world, such initiative will go a long way in addressing the graduateness of students completing their qualifications from both the School of Justice and the School of Law. The Dean further mentioned that collaboration breakfasts would be held with various law firms and related professions.

Others presentation, followed by a question-and-answer session, were followed with keen interest. Commercial publishers and the legal profession were also invited to the Indaba. The law firm, Edward, Nathan and Sonnenbergs, exhibited some of the opportunities the firm offers to students after completion of their qualification. LexisNexis, one of the book publishers, held an exhibition on a range of books and other learning materials that they have on offer.

The Student Indaba has grown significantly as far as student participation and standard are concerned. Students expressed their appreciation for the synergy illustrated between the College and the students. They also appreciated the fact that their concerns are taken seriously by College Management.
The Student Indaba would not have been possible without the hard work of some of the College’s students who served on the organising committee.

*Submitted by Lessiah Mtshweni

Students and delegates get into the swing of the Indaba.

The quality of life, sanctity of life, moral and legal status of the foetus, and whether it is ethical to deliberately end or prolong vulnerable life were just some of the issues discussed at the workshop. From left, Prof. Melodie Slabbert, (Deputy Executive Dean: CLAW), Dr Carin Maree (University of Pretoria), Patricia Molusi, (CLAW), Dr Carina van der Westhuizen (CLAW), Emmaré Stronkhorst (Private Practice), Erika Smuts (Psychatric Nurse in private practice), Prof. Sithembiso Velaphi (Wits) and Adv. Salie Joubert SC (Pretoria Bar).

According to World Health Organisation (WHO) statistics, South Africa’s infant mortality rate is 47 deaths per 1 000 children under the age of five and the average lifespan of a person at 55. WHO attributes this figure to HIV/AIDS, tuberculosis, cardiovascular diseases and violence.

While the debate rages on around the country’s public health-care effectiveness, can more be done to better equip health-care professionals when it comes to making critical care decisions? The College of Law hoped to provide some answers to that question when hosting a community engagement workshop on Critical care decisions on 24 March.

The workshop brought together law experts, nursing and medical staff, and academics to talk about critical care decisions and formulate guidelines for health-care practitioners.

Legal specialist Aimée Girdwood was invited to discuss her personal account of losing her infant son, William. Despite having what she described as “perfect pregnancy”, Girdwood’s son contracted a virus. He recovered from the initial infection but developed a brain bleed, which meant recuperation would be almost impossible. After being advised by numerous doctors and experts, Girdwood and her husband decided not to resuscitate William. She appreciates the little things that the medical staff did to help through the experience, citing communication and compassion as key components. However, she also urged health-care practitioners to explain processes in a language that everyone could understand. “We wanted to be told about processes properly, since they were important decisions, but the language the doctors used sometimes didn’t make sense and they assumed people know what they’re talking about,” she says.

At times holding back tears, Aimée Girdwood (Legal Specialist) recounted losing her newborn son and the experience that she had with medical specialists.

Deputy Executive Dean of CLAW, Professor Melodie Slabbert revealed that the difficulties that Girdwood faced are one of the primary reasons that the workshop was being held. The idea came about when Dr Carina van der Westhuizen completed her doctoral research on critical care decisions pertaining to infants and children. Her studies identified, amongst others, a significant gap as far as guidelines for critical care decisions in the health-care context are concerned. “One of the purposes of the Flagship on Biotechnology and Medical Law is to establish a point of reference for information and legal advice regarding cutting-edge issues in the fields of medical law and biotechnology,” Slabbert says.

Pertaining to legal issues, Advocate Salie Joubert (SC), who deals mainly with medical-related matters, explained the legislation on children and infants rights. According to the Constitution, children being born have rights like everyone else. He’s dealt with a number of matters at South African courts and spoke about an incident where a paediatrician contacted him to intervene when a child’s parents would not consent to a simple blood transfusion because of religious reasons. “We fast tracked a court hearing and the paediatrician said if he did not do the transfusion, the child would die. The court gave permission to do so and when the parents saw the results of the procedure, they actually consented to second transfusion without being coerced,” he said. Joubert further clarified that when a child or baby died, a medical inquest was conducted and that if there were a transgression of medical practices, there would be consequences.

While legal frameworks for health care have been discussed, the role and responsibilities of nurses and practitioners was also a significant facet. Each year 10.7 million children under the age of five years die, four million during the first four weeks of life, and 3.3 million as stillbirths. The United Nations Millennium Development Goals plan to reduce the child mortality rate by 2015 by committing countries to various measures and interventions.

Considering those figures, Dr Mokgadi Matlakala, from the Department of Health Studies, says that nurses had duties and obligations to their patients, as well as a moral duty. “Communication and family needs are especially important because many people have to take decisions about the health of a baby or person. But the environment, especially when considering understaffing, overcrowding, nursing hours versus patient day ratio and equipment and supplies, does not make for a conducive environment for health care,” she says.

*Written by Rajiv Kamal

Prof. Michelle Kelly-Louw has been heavily involved with the drafting of South African bills and legislation which has worked in unison with her research outputs.

Michelle Kelly-Louw is a professor of law at Unisa and instructs the law of negotiable instruments, insolvency law and banking law. She has published widely in the fields of insolvency law, banking law and consumer credit law. Her research has been cited and quoted on various occasions by the Constitutional Court and the Supreme Court of Appeal and, to add to these achievements, she’ll be receiving the 2013 Women Research in Leadership Award.

She completed her doctoral degree in international banking law, entitled Selective Legal Aspects of Bank Demand Guarantees in 2008. Her LLD thesis was the first in South Africa to specifically consider bank demand guarantees in depth and has since been published in Germany.

She was one of the architects of the National Credit Act 34 of 2005, and, therefore, a large part of her research is based on first-hand knowledge that she gained during the drafting process. In 2012 she wrote a book for the consumer credit law specialist Consumer Credit Regulation in South Africa and submitted a paper for a peer-reviewed international book to be published in 2013 dealing with the National Credit Act and also submitted a chapter on this Act for the Banking Adjudicator’s Handbook to be published in 2013.

Currently, she’s focusing on consumer credit law with a strong emphasis on the protection of the users of credit and particularly paying close attention to conducting research on improving the mechanisms to alleviate consumer over-indebtedness and to prevent reckless lending by credit providers.

Kelly-Louw’s work has made her one of the foremost experts in her field. In 2008 she received the Unisa Principal’s prize for excellence in research and a year later she also received the Unisa Resilience in Research Award. In August 2010 she received the South African Department of Science and Technology’s award for Distinguished Young Woman Scientist (Academic Excellence in Social Sciences or Humanities) and in 2011 she received the Unisa Women’s Forum 2011 Woman of the Year Award (for Achievement). She’s been extensively involved in the drafting of legislation, including the Land and Agricultural Development Bank Act 15 of 2002, the Business Recovery Bill of 2003, the Municipal Finance Management Act 56 of 2003 and among numerous others. “One of my previous articles was referred to with approval in one of the South African Law Reform Commission’s Reports and my recent research has been quoted and cited on various occasions by the Constitutional Court, the Supreme Court of Appeal and other jurists and this bears testimony that my research plays a role in shaping the South African law,” she says.

*Written by Rajiv Kamal

Conducting extensive research on Rhino Poaching. From left, John Mokwena (Police Practice), Prof. Moses Montesh (Police Practice), Prof. David Masiloane (COD: Police Practice) and Prof. Rika Snyman (Police Practice).

At the beginning of the 20th century more than 100 000 rhinoceroses walked the planet. Today, the figure has been whittled down to a mere 18 000, largely because of mass poaching and hunting around the world. South Africa, which houses the highest population of rhinos, is fighting a difficult battle to fend off poachers. Professor Moses Montesh, at Unisa’s College of Law has done extensive research at the Kruger National Park and Mozambique on this issue and held a symposium, Rhino poaching: A new form of organised crime on 22 March to discuss his findings.

Asian countries such as Vietnam and China value a rhino’s horn for its supposed medicinal properties. This has caused a huge influx of poachers who come to South Africa to hunt rhinos in the wild or at the country’s several game parks. Montesh’s presentation focused on several aspects such as syndicates, methods of prevention in rhino poaching, the historical background and the link between poaching and organised crime.

He revealed that South Africa has a sordid history of poaching with the then National Defence Force being heavily involved with the killing and smuggling of rhinos and other animals in the 1970s. This was largely to fund the war efforts against Angola and Mozambique.

Despite China, Taiwan and South Korea all imposing internal rhino horn trade bans, South Africa and Zimbabwe currently account for around 95% of poaching in Africa. “Rhino crime syndicates operate multi-nationally and are known to be involved in other high-risk criminal activities such as drug and diamond smuggling, vehicle theft, armed robberies and ATM bombings,” he says. According to Montesh, what’s even more worrying is the fact that not all those linked to the rhino horn trade belong to the criminal class. Vietnam’s diplomatic community has taken a direct involvement with the crime. “The involvement of embassy personnel first came to light when Vietnam’s Commercial Attaché, Khanh Toan Nguyen, was arrested in April 2006 with two rhino horns, as well as diamonds and large sums of cash. Under interrogation, he allegedly indicated that he had used a diplomatic bag to move rhino horn on previous occasions,” Montesh says.

Authorities believe several criminal syndicates are being operated in South Africa with Vietnamese nationals currently working with locals, conservation officials and businessmen. Some syndicates use legitimate hunting licences but often breach the quota of animals that they are allowed to kill. Mozambique nationals also cross the border to poach rhinos and other animals. After visiting and investigating various national parks in Mozambique, Montesh revealed that the country had hunted and killed their rhino population to the point of extinction and did not believe that what they had done was wrong. “When I spoke to people there, they said to me that you South Africans believe this is poaching but we believe it’s hunting,” he says.

Statistics on Rhino poaching, courtesy of www.stoprhinopoaching.com, highlight that 158 rhinos have already been killed this year.

With rhino horns fetching thousands of dollars on international markets, it’s highly unlikely that the trade will abate. Montesh says there are several recommendations to curtail rhino poaching. These include heightened security by increasing personnel, added cameras, perimeter fences, and roving vehicle patrols, with the most controversial being the legalising and regulation of the rhino horn trade. “Proponents of legal trade in rhino horn accept that demand for rhino horn clearly exists in Asia and believe that meeting this demand with some form of legal supply may be far more effective than attempting to enforce a continued prohibition on the trade,” he says. However, he also accepts another school of thought from commentators who believe that any form of trade or sustainable utilisation of wildlife is inherently wrong and should never be tolerated. South African National Parks has also investigated the idea of using unmanned air drones to monitor the large expanses of some of the parks.

Despite many of the proposals that have been put forward, Montesh believes two key aspects need to change in order to curtail rhino poaching. The first is that legislation on the protection wildlife needs to change and the second is that investigation authorities need to infiltrate syndicates. “None of our legislation specifically deals with rhino poaching and it has been dealt with in a very scattered manner. The eyes of the world are clearly upon South Africa now, creating a unique opportunity to demonstrate leadership in ensuring the conservation of rhinos globally. Failure in this regard will certainly seriously damage South Africa’s conservation reputation and prestige as an ecotourism destination,” Montesh says.

*Written by Rajiv Kamal

Dr Babatunde Fagbayibo (Department of Public, Constitutional and International Law: College of Law) is one of the recipients of the 2012 Principal’s Award for Excellence in Research. He will receive his award during this year’s Research and Innovation Week (11–15 March).

Unisa’s vision to be the African university in the service of humanity, places on it an obligation to ensure that it is an incubator of research and innovation activities that provide solutions to issues affecting South Africa and the continent.

Dr Babatunde Fagbayibo, from the Department of Public, Constitutional and International Law in the College of Law, shared this view with eNews during this year’s Research and Innovation Week (11–15 March). The purpose of this week is to provide a platform for cross-disciplinary engagements by Unisa researchers, networking, and the showcasing of the various Unisa research programmes and flagships.

With Unisa commemorating 140 years of shaping futures in Africa, the university continues to transform, moving from an institution focused on tutoring and very little research, to one that has become a leading African open distance learning (ODL) university with a strong emphasis on community engagement, teaching and research. Therefore, international speakers will also share their expertise during Research and Innovation Week.

The main objectives are for Unisa to expand research collaborations with research intensive organisations and BRICS countries and also to provide a platform for institutions to display their innovation initiatives. The week is designed to encourage Unisa staff to enhance their ability and effectiveness to engage in research. This year the week will be divided into four exciting themes – Monday, Nation Research and Innovation; Tuesday, Humanities at the core of innovation; Wednesday, Postdoctoral career path: Humanities at the core; and Thursday, ODL: Innovating access in higher education.

Fagbayibo said given Unisa’s vision, and its research goals and targets, the many activities hosted by the university aimed at strengthening research are a step in the right direction. He highlighted partnerships with other African universities and said it was vital for Unisa to continue and build upon these partnerships as this is a positive development towards alleviating Africa’s challenges. He suggested that all current positive research development initiatives be further enhanced through measures which position Unisa’s research centres and institutes at the heart of the design of national and regional policy measures. “This (policy planning and implementation) is where research from Unisa can impact and make a difference,” he said.

Regional integration in Africa

As the recipient of the 2012 Principal’s Award for Excellence in Research, Fagbayibo obtained his LLB degree from Unisa and his LLM and LLD degrees from the University of Pretoria. His research interests include the African Union, public international law, regional integration law, international institutions, and good governance and democratisation in Africa. He is a member of the International Law Association, the African Network of Constitutional Lawyers and the South African Institute of International Affairs.

In 2012, his research generally focused on regional integration in Africa, more specifically, continental integration. “The research projects mainly looked at policy issues around the strengthening of the African Union (AU), so that it could be the veritable vehicle for driving continental integration in Africa. The research looked at the African Union Commission and how it can be strengthened as the engine room of continental integration. It also considered the importance of adherence to shared values by member states of the AU, as an important ingredient of the attainment of the desired continental integration.”

Fagbayibo sees a viable integration process as the answer to the many problems facing Africa. And his focus on the institutional dimension of the process is predicated on the view that an effective administrative and political transnational mechanism can play a huge role in achieving the objectives of uniting and enhancing the development of the African continent. “A strengthened AU is thus central to the harmonisation of laws and the general political and economic development of the African continent.”

Unisa, he said, is at the core of academic and research activities that promote and enhance the overall development of the African continent. “My research activities are thus guided by this important task, firstly as an African and secondly as an employee of Unisa. As my research outputs indicate my affiliation with Unisa, the intention is to highlight the seriousness of the institution in not only supporting research activities but also fulfilling its role as the African university in the service of humanity.”

In 2013, Fagbayibo’s research activities will still centre on regional integration. “I am currently working on issues relating to how regional hegemons like South Africa and Nigeria can play a better role in enhancing the regional integration process, and how democratic governance can be better enhanced on the continent. The latter point focuses on how to place adherence to democratic values at the centre of the integration process.”

Xenophobia and Unisa staff

He also addressed the issue of xenophobia in South Africa, and said Unisa staff can help in addressing this problem. “As an institution that prides itself as the African university in the service of humanity, it is imperative that Unisa staff see themselves as ambassadors of this goal. Through their professional and personal engagements, staff members should be actively involved in activities that promote tolerance and unity on the continent. More efforts should be geared towards research outputs, community engagements, awareness campaigns, seminars and workshops that highlight the essence of togetherness and promotion of African unity.”

Fagbayibo said he is “very happy” to be recognised by Unisa for his research activities because it not only shows the premium placed on research and innovation at Unisa; but it also serves as a motivation for himself and other academics to continue engaging in vital and essential research.

*Written by Rivonia Naidu-Hoffmeester

Prof Melodie Slabbert has been appointed as the Deputy Executive Dean of the College of Law from 2013

Congratulations are buzzing in the intellectual corridors of the college as newly-appointed Deputy Executive Dean of the College of Law, Professor Melodie Slabbert , prepares to assume the office at the beginning of the following academic year.

“The year 2012 has been one of the most exciting and satisfying years. To have been the Director of the School of Law for the past months has been a very rewarding and exhilarating experience and I look forward to serving the college in a different capacity in 2013,” said Slabbert.

Slabbert, who was appointed as the Director of the School of Law in July 2012, was also the recipient of the Chancellor’s Award for Excellence in Research and the Women in Leadership Research Award this year.

“I believe success is not only determined by hard work and determination alone. Humility, faith, gratitude and a good sense of humour are also essential, in my view.  I am inspired by the real-life stories of persons who achieve the highest success against all odds. One recent example is that of Sir John Gurdon, one of the 2012 Nobel prize-winners for medicine, whose biology teacher wrote in his school report in 1949 that it would be ‘a waste of time for Gurdon to pursue a career in science’.  Many of our students achieve success under very difficult personal and financial circumstances and are all heroes in their own personal right.”

Holding DLitt and Doctor of Laws degrees, Slabbert is a full professor whose research interests straddle medical law and ethics, legal aspects relating to the application of biotechnology, and the intersection between law and literature.

She has obtained many awards, amongst others, the Unisa Senate Medal for best LLB student in 1996, the Pretoria Bar Council Johannes Voet Medal for best academic performance by an LLB student, and the Ad Hoc Award by the Attorneys Fidelity Fund (AFF) in 1996 for the best LLB student. She is also a member of numerous national and international boards and other bodies. She was recently elected as a member of the National Biotechnology Advisory Committee.

Asked about her recipe for achieving a high level of professionalism and integrity, Slabbert said: “Acting professionally requires that we treat persons with dignity and respect and act ethically and with integrity at all times.”

Her academic prowess is evident in her publications, including forty accredited research articles, and, more recently, a monograph on medical law in South Africa for the International Encyclopaedia of Laws (2011), and a chapter on the regulation of surrogate motherhood in an international contribution by Hart Publishing (2012).

Slabbert said she would like to focus her attention on research-related matters in the college and also continue to be closely involved with the Flagship on Biotechnology and Medical law, in addition to the other duties and responsibilities that she will have.  “I also would like to continue in 2013 the close relationship that was established with our students through the Student Indaba during 2012.”

Written by Makabongwe Khanyile

Prof Annet Oguttu from Unisa’s College of Law: Department of Mercantile Law

A Unisa College of Law professor, and expert in international tax law and tax treaties, has helped further position Unisa on the global knowledge production map.

Having recently being appointed by the UN DESA’s Development Financing office as one of 10 members of an expert group developing a UN course on double tax treaties, Prof Annet Oguttu’s expertise has not only positioned Unisa’s knowledge production globally, but has also positioned her as an esteemed international researcher.

The UN course, intended to develop knowledge capacity on tax treaties for tax administrators in developing countries, will certainly be impacted upon by Prof Oguttu’s contributions. Her work will especially help in enhancing capacity development in ministries of finance and tax authorities in the developing countries on tax treaties and related matters.

The experts enlisted for this UN capacity development programme are from across the globe, ranging from Canada, United Kingdom, India, Australia, Malaysia, Italy, Mexico, Norway and South Africa. Even more interesting is the fact that Prof Oguttu is the only expert enlisted from Africa, and the only woman in this group of international experts.

She proves, through this achievement, that contextualising one’s research is necessary; but this must be done with the aim of impacting globally as it ensures international recognition for an academic’s work; and draws focus to the issue at hand, as well as the higher education institution represented by the academic.

Having published several articles on the subject in various international journals, including three papers in the IBFD journals, specifically the Bulletin for International Taxation, ensured the attention of international gurus on tax law and tax treaties working on the UN Model Double Taxation Convention.

As extraordinary as this achievement is, Prof Oguttu remains truly humbly, and is inspired by such recognition. When asked about the key things she will learn out of this international engagement and recognition, she said “it will really sharpen her international tax law knowledge and exposure to tax treaties”.

At a personal level, Prof Oguttu feels a sense of approval, confidence, self-efficacy and self-worthiness for her knowledge production on the subject. She feels “humbled”, “excited” and “privileged” that international bodies such as the UN have been following and acknowledging the impact of her research to the development of the body of knowledge on this subject.

She said now that her research is under an international microscope, she is determined to focus even more on the quality and impact of her research outputs. “Often researchers work hard in their offices, doing their best to publish because that is one of the key performance areas a university requires of them. This is further encouraged by the funding that is given for their outputs. However, these institutional expectations often overshadow the bigger picture, sometimes causing one to underestimate the impact their research could have in changing national and international policies for the better.”

Indeed, one of the key measures of the knowledge economy is not just the production of new knowledge but also the impact of such knowledge, agrees Prof Oguttu.

* Story written by Benny Phaladi

Prof. Mandla Makhanya (Principal and Vice-Chancellor), Prof. Rushiella Songca (Executive Dean: College of Law) H.E. Prof. Francis Wodie (President of the Constitutional Council of the Republic of Côte d’Ivoire) and Honourable Justice Bernard Ngoepe ( Unisa Chancellor, Judge-President of the Transvaal High Court, Judge at the African Court on Human and Peoples’ Rights)

The Verloren van Themaat Centre for Public Law Studies in the Department of Public, Constitutional and International Law hosted an international conference in celebration of the African Charter from 5 to 7 November. The conference theme was The African Charter on Human and People’s Rights and the Protection of Human Rights in African Union Member States: Thirty/twenty-five/ten years on – achievements, challenges and prospects.

The African Charter on Human and People’s Rights (ACHPR) was adopted 30 years ago, on 21 June 1981 and the Constitutive Act of the African Union (AU) came into operation on 26 May 2001.

Professor Mandla Makhanya, Principal and Vice-Chancellor, said that the recently released census statistics brought about different challenges. One of the challenges is the growing population which is predominantly young. “It is also clear that we are facing a massive challenge in educating and creating jobs for these young people who are becoming increasingly disenchanted with their lot by the day,” said Makhanya. He added that this challenge is continental. It is important that, as a continent, we promote and entrench an environment in which the right of every human being to be treated as a person of worth and dignity is absolutely unassailable, irrespective of their personal circumstances. Makhanya said that South Africa has a constitution that protects every person’s rights and the continent has a Charter on Human and People’s Rights. Yet the rights of people are still violated. “Why it is when this issue of human and people’s rights is so important to us, that on our continent we have perhaps some of the worst human rights abuses in the world?”

Makhanya said that there was a danger that Africans would be defined by their callousness more than they were defined by that which they themselves hold dear, ubuntu.  “Can we honestly say that we are practising ubuntu when many of our people are doubly victimised – by the indignity of poverty and a lack of humane treatment?” asked Makhanya

He emphasised the fact that, as African,s we cannot say with any real certainty that we have succeeded in what we have set out to do as prescribed by ACHPR. “Very aptly, Unisa’s vision is to be the African university in the service of humanity.  Our values are social justice and fairness and excellence with integrity.  I believe that I can say quite truthfully, that we strive to make those values a reality in our ongoing exposition of our vision.”

The Honourable Justice Bernard Ngoepe,  Unisa Chancellor, Judge-President of the Transvaal High Court, and Judge at the African Court on Human and Peoples’ Rights representing the President of this African institution,  spoke on The African Court and the enforcement of human and peoples’ rights: Achievements, challenges and perspectives. Ngoepe said for people to defend their rights they needed to know what their rights were and how to protect them. He said there was still a wide spread of human rights violations. “Ironically the situation became worse in many countries after decolonisation,” he said. He added that, in some parts of the continent, the situation is still distressing. He said the Organisation of African Unity (OAU) realised that economic development of the continent depended on the recognition and protection of human rights. Ngoepe said that there were judicial institutions that had been established for the effective protection of human rights. These are the African Court on Human and People’s Rights established by the OAU in 1998 and the Court of Justice. He said there existed ignorance about these courts. “To try and remedy this, the courts have, during the past year or so, embarked on a number of visits to different countries to sensitise people to their existence,” he said.

In conclusion, Ngoepe said that a great deal still needed to be done to effectively protect the human rights of this continent.

*Written by Trevor Khanyile

At the Management Committee meeting of the International Institute of Security and Safety Management (IISSM) held on 10 October 2012 in New Delhi, India, Prof Kris Pillay, Acting Deputy Executive Dean of the College of Law, was re-elected as the Regional Vice-President for Africa to serve on the Board of Governors of the IISSM for the next three years.

The International Institute of Security and Safety Management (IISSM) is devoted towards promoting professionalism among security and loss prevention practitioners, and creating all round security awareness and consciousness among personnel in the related management cadre. It offers consultancy services and runs customised and thematic courses covering all aspects of industrial security, safety, fire prevention, loss prevention and allied subjects. It acts as a catalyst to bring professionals together for experience-sharing and updating professional knowledge through numerous training courses, seminars and workshops. It has an elaborated Professional Certification Programme for security and safety practitioners and consultants, and bestows fellowship on highly selected professionals.

In 2009, Prof Pillay was awarded a fellowship by the IISSM. The College of Law congratulates him on this remarkable achievement.

* Story submitted by Makabongwe Khanyile

Prof Leentjie de Jong explains the different kinds of marriages in South Africa and the different matrimonial property systems that can be applied to these marriages

On 17 September 2012, the Department of Private Law hosted the fifth lecture in their “Know your right” series, which aim to inform the broader Unisa community – at an understandable level – of their rights in private law.

In this lecture entitled “Marriage, divorce and children”, Prof Leentjie de Jong briefly referred to the different kinds of marriages in South Africa: the civil marriage, the customary marriage and the civil union. She then explained the different matrimonial property systems that can be applied to these marriages and indicated how they operate during the subsistence of the marriage.

Next she discussed divorce and the four aspects that need to be considered and sorted out at the time of a divorce: the division of the parties’ assets; possible maintenance claims of spouses; the guardianship, custody or care, access or contact and maintenance of children; and the process which should be followed.

Under the last point, she referred to the shortcomings of the court system to deal with divorce and propagated mediation as an alternative to the traditional adversarial divorce.

*Story submitted by Lessiah Mtshweni