L. J. Du Plessis as Regsdenker

This article seeks to explain some of the outlines of the legal philosophy of L. J. du Plessis, without pretending that a meticulously coherent system of thought can be deduced from his deverse legal writings. Much rather the claim is made that his endeavours display a marked “environmental involvement", hence placing his contribution in the framework ofthe South African jurisprudential scene o f his time, andthe mainstream o f twentieth-century Reformational (or Neo-Cahinist) thought.Even though Du Plessis relies heavily on the Dooyeweerdian Philosophy o f the Comonomic Idea, he also shows himself to be a profoundly original thinker at the same time. The spearhead of this originality manifests itself in the way in which het intergrates a socto-eschatological view o f reality in his legal thought, to an extent unsurpassed by his like-minded contemporaries. The first part of the this article introduces Du Plessis as a jurist displaying a marked environmental sensitivity. It also attempts to contextualixe bis contributionin the field o f legal theory. The second part deals with the foundationallines i along which his legal thought had developed as well as the distinctivecharacteristics o f his contribution

The National Credit Act: Debt counselling may prove to be a risky enterprise

Debt counselling, and debt counsellors, have been introduced in the National Credit Act. The Act assists consumers in controlling debt, but the viability for an individual to register as a debt counsellor is questioned. The requirements (and exclusions) to qualify as debt counsellors, their necessity in identifying reckless lending transactions and their functions in the processes of debt review and debt rearrangement are discussed. Certain categories of persons who may normally incorporate debt counselling as part of their practices and who do not qualify in terms of the Act, is indicated. Debt counsellors’ responsibilities and accompanying risks, at a prescribed fee tariff, are indicated when the debt review processes, from applications by consumers who are not over-indebted, voluntary and involuntary debt rearrangement, until the issuing of clearance certificates, are assessed. An inevitable deduction is that practice as a debt counsellor may be impossible when the financial layout required is assessed. Individuals who, due to their training and experience in the positions they hold, would have been well placed to practice as debt counsellors is shown to be unable to practice as such in terms of the Act. These individuals will be compelled to establish private enterprises to enable them to practise as debt counsellors, which will be impossible at the current prescribed fee tariff

Clinical legal education: Identifying required pedagogical components

Clinical legal education is mainly a practical course, although it includes training in the substantive law. University law clinics generally have to satisfy two main objectives, namely teaching of students and service to the community. Clinical teaching methods can make distinctive contributions to student learning. Clinical pedagogy consists of three main categories, namely the clinic experience, classroom instruction and tutorial sessions. These, as well as specialised clinical units, are discussed. Clinic duties expose students to real consultations with live clients posing with real problems, ensuring a sustainable platform for teaching and learning. Classroom instructions are required for substantive law review and teaching in fields such as professionalism and ethics. Tutorials are the most focused form of instruction, where the clinical experiences and classroom instructions are transferred into legal practice

Clinical legal education: Planning a curriculum that can be assessed

Surveys conducted in a selection of jurisdictions are discussed to determine whether clinical legal education should be a core and mandatory course in the LLB curriculum. The focus of a university law clinic and the role of the clinician are examined. The pedagogy that must be used in clinical legal education is explored. The discussions specifically consider skills, values and expected outcomes for the course, as well as effective assessment programmes and common requirements for the design of a curriculum

Assessment challenges in the clinical environment

The assessment of students’ performance in the clinical legal education course presents a challenge for a variety of reasons. Factors to be considered are large student numbers, language barriers, a large and diverse client pool, students working in pairs, specialised units within the clinic, education and experience variances amongst students, different levels in students’ knowledge of substantive and procedural law, different levels of experience in clinical supervision and assessment, student expectations and prescribed exit-level outcomes for the course. The setting of parameters for assessment and mark allocation, as well as further methods of assessment, not currently used, are discussed

Federalisme as ’n proses: ’n evaluering van die federalistiese momente in die 1996-grondwet

Federalism as a process: An evaluation of federalist moments in South Africa’s final Constitution of 1996In this article the federalist elements in South Africa's final Constitution of 1996 are assessed. It is shown that due to historical forces the fullest possible (or “ideal") form of federalism has hardly been attainable in South Africa. This did not, however, result in a total exclusion of everything federalist in the final Constitution. Federalist structures are relatively weakly defined but provision is made fo r procedures which could give wings to centrifugal forces determining the relationship between central government and the newly-created geographical components of the state (i.e. the nine provinces). These centrifugal forces are subject to centripetal checks and balances which do not, however, totally exclude the attainment of a relatively clearly pronounced federal state. Much will depend on how procedures and conflict resolution mechanisms provided fo r in the Constitution will be used. The federalist characteristics of the new South African state were not finally decreed by those negotiating the contents and "direction ” of decentralist elements in the final Constitution. It is thus difficult to define South Africa as either a federation or a union. It is probably best described as an essentially unitary state divided into geographical units which could, in the course o f time, differentiate into more pronounced components of a federal state in the classical sense

Microbial Geopolitics: Living with Danger and the Future of Security.

Ph.D. Thesis. University of Hawaiʻi at Mānoa 2017

Closing the gap between the needs of students and the community they serve

University law clinics, within the structures that are identified, must satisfy two main objectives, namely teaching of students and service to clients. The students’ and clients’ needs must be balanced in order to overcome the gap between their respective needs. The outcomes of research into these sometimes conflicting needs are reflected upon. Students’ preparedness for practice, in view of the SAQA exit-level requirements for LLB is discussed. Teaching models are reviewed and curriculum planning methods are suggested. Accommodating the gap between the different needs can best be addressed by teaching in the live client model. Solutions in overcoming the shortcomings of this model are suggested

Between reform and transformation: Shalom for South Africa?1

Tussen hervorming en transformasie: Shalom vir Suid – Afrika? In hierdie artikel word uitgegaan van die standpunt dat daar in Suid -Afrika feitelik konsensus bestaan oor die noodsaak vir ingrypende sosio-politieke verandering, maar dat menings oor hoe en in watter rigting sodanige veranderin g moet plaasvind, wyd uiteenloop. Daar word twee basiese benaderings ten opsigte van verandering onderskei, naamlik 'n reformistiese en 'n transform istiese benadering. Binne die reformistiese kategorie word weer 'n reaksionêre en 'n pragmatiese groepering onderskei en binne die transformistiese kategorie 'n pragmatiese en revolusionêre groepering. Veranderingstrategieë wat tot die bogemelde groepe se beskikking is, word ondersoek. Klem word veral op drie moontlike strategieë gelé: politieke mobilisering, geweld en isolasie. Ten slotte word oorweeg of Christene in Suid-Afrika 'n bydrae tot politieke verandering kan lewer. Daar word tot die gevolgtrekking gekom dat dit wel moontlik is, maar dat skouspelagtige resultate nie verwag moet word nie

Clinical legal education: The assessment of student collaboration and group work

Clinical legal education (CLE) should be a mandatory or core course in the LLB curriculum and the focus of a university law clinic must be CLE, namely student training. A recurring assessment challenge is large student numbers. The best solution was found in grouping students together in student firms for collaborative work; this also has strong educational benefits. When assessing students working in collaboration, a fair assessment strategy must be employed, as all group members receive the same mark. Clinicians must develop and implement clear grading criteria, in the form of rubrics, which will enable them to grade numerous assignments consistently and fairly. Peer and self?assessment are considered to allow for individual marks in addition to the group mark. Models of firm and group?work assessment and marking criteria are suggested. The use of both collaboration and rubrics can simplify the grading process, which allows clinicians to conduct multiple assessments and feedback consistently and fairly. Samples of a number of rubrics and surveys are provided