University of Cape Town
RESEARCH REPORT
2000
Faculty of Law
This report can also be found on UCT’s webpage:
http://www.uct.ac.za
Editor: Ms M. Ward
CONTENTS
FACULTY OF LAW
Dean’s Introduction
1
Centre for Socio-Legal Research
2
Department of Commercial Law
5
Department of Criminal and Procedural Law
10
Department of Private Law
12
Department of Public Law
15
Institute of Criminology
19
Institute of Development and Labour Law
25
Institute of Marine and Environmental Law
31
UCT Legal Aid Clinic
33
FACULTY OF LAW
Research in the Law Faculty continues to expand our knowledge of the law critically and in context,
an approach that complements the extensive involvement of Faculty members in the development of
public policy. Transformation of the law and society is at the forefront of the Faculty’s research
activities, and the Faculty is making its mark on both the published sphere of research and in the area
of policy development.
The Faculty’s research work and extension services are intimately linked, largely due to the substantial
role played by its members in law and policy revision since the ending of apartheid. The following
areas of public policy have benefited and continue to benefit from the contributions of Faculty
members: environmental protection, sentencing and correctional services, administrative justice,
company law, African Customary Law and aboriginal land tenure, the Parliamentary process, the legal
status of children, family maintenance, maritime and marine law, employment relations, and equality
and non-discrimination, particularly in respect of race and gender in the administration of justice.
Many members of the Faculty fulfil through their research what has always been a priority of its
educational focus, which is to regard the law in its social context and to develop it for the service of
those to whom it applies. The level and quality of this involvement are remarkable, much of it seen in
the large output of ‘university and other publications’.
In the non-applied research sphere, a considerable number of scholarly journal articles, chapters in
books and other such publications have appeared. Particularly worthy of note is Jan Glazewski’s
Environmental Law in South Africa, the culmination of many years of research, and the first
comprehensive and substantial contribution to this area of law in the country. Publication of articles in
prestigious journals abroad also reflects well on the members of the Faculty.
The considerable output of thesis work written by higher postgraduate students is also commendable.
Their endeavours are reflective of both the high calibre of these students, and the research and
supervision skills of Faculty members. It is particularly pleasing that no fewer than four doctoral
candidates graduated in the year 2000.
The challenge for the Faculty is to sustain and even expand this level of research activity and published
work.
Prof H. Corder
Dean, Faculty of Law
1
CENTRE FOR SOCIO-LEGAL RESEARCH
DIRECTOR - Professor S.B. Burman
DEPARTMENTAL CONTACT DETAILS
Postal address:
Telephone:
Fax:
email:
Website:
Centre for Socio-Legal Research
10 University Avenue
University of Cape Town
Private Bag
Rondebosch
7701
South Africa
SA (21) 650-2505
SA (21) 685-6826
[email protected]
http://www.uct.ac.za/depts/slr
DEPARTMENTAL PROFILE
Since 1983 the Centre has done socio-legal research on how existing legislation affecting women,
children, and the family operates in practice, with a view to pinpointing urgently needed reforms of
South Africa’s legal and social welfare systems. An aim has been to propose legally, economically, and
politically viable and appropriate alternatives to deficient procedures, and, within existing constraints,
to assist in alleviating current problems. The Centre’s activities include the production of articles and
books aimed at a readership of policy makers, researchers, and relevant professionals; teaching of
trainee professionals; and outreach on maintenance and related matters, materials for which are in use
in universities and community groups throughout Southern Africa. Current projects include in-depth
studies of the operation of the Family Advocate system, the interaction of the maintenance and welfare
systems, and the role of the legal profession and bureaucracy in divorce and related issues; preliminary
work on the Family Court; work on sources of legal decisions about children’s futures; and ongoing
work on some long-term trends in family demography and the law. In addition, the Centre has been
involved in various law reform initiatives relating to legislation of both the Departments of Justice and
Welfare.
DEPARTMENTAL STATISTICS
PERMANENT AND LONG
TERM CONTRACT STAFF
HONORARY STAFF
Professors
Research staff
Administrative Staff
TOTAL
Honorary Research Associates
3
Honorary Consultant
TOTAL
1
4
1
11
1
13
RESEARCH FIELDS
PERMANENT STAFF
Professor Sandra Burman
The operation of the Family Advocate system; the Family Court; providing for children: the
actions and assumptions of legal and welfare professionals; the interaction of the maintenance
2
and welfare systems in South Africa; the role of the legal profession and bureaucracy in divorce
and related issues; long-term family trends in South Africa (historical work)
CONTRACT RESEARCH STAFF
Ms Adelene Africa
Providing for children: the actions and assumptions of psychologists and social workers
Ms Amanda Barratt
International trends in family law, particularly providing for children: the actions and
assumptions of legal and welfare professionals
Ms Emma Dingle
The operation of the Family Advocate system; the Family Court; providing for children: the
actions and assumptions of legal and welfare professionals
Mr Mbongi Gege
Ms Nichola Glasser
The operation of the Family Advocate system; the Family Court; providing for children: the
actions and assumptions of legal and welfare professionals
Dr Patti Henderson
Providing for children: the actions and assumptions of legal and welfare professionals
(anthropological aspects)
Ms Minnie Lewis
Long-term family trends in South Africa (historical work)
Ms Emmerencia Ngxabi
Providing for children: the actions and assumptions of legal and welfare professionals
(anthropological aspects)
Ms Kathrin Pooley
Ms Amrika Ramdarie
Providing for children: the actions and assumptions of legal and welfare professionals in
adoption and fostering in the Durban area
Ms Lizaan Swanepoel
The operation of the Family Advocate system; the Family Court; providing for children: the
actions and assumptions of legal and welfare professionals
HONORARY RESEARCH ASSOCIATES & CONSULTANTS
Professor Tom Bennett
BA, LLB (Rhodes); PhD (UCT)
Dr Brigitte Clark
BA, LLB (cum laude) (Rhodes); LLM (Cantab), PhD (Rhodes); Advocate of the High Court of
South Africa
Professor Thandabantu Nhlapo
BA (Law) (UBLS); LLB (Hons) (Glasgow); D Phil (Oxon); South African Law Commission
Judge Belinda van Heerden
BA, LLB (magna cum laude) (Stellenbosch); MA (Oxon); Judge of the High Court of South
Africa
RESEARCH OUTPUTS
RESEARCH PAPERS AND REFEREED ARTICLES
Bennett, T. W. 2000. Reform of the customary marriage law in South Africa. Recht in Afrika 3: 1-24.
Bennett, T. W. 2000. Reform of the customary law of succession. South African Law Commission
(Project 90): 1-81. Government Printer, Pretoria.
Burman, S., Dingle, E. & Glasser, N. 2000. The new Family Court: an initial assessment. South
African Law Journal 117: 111-124.
Burman, S. & Swanepoel, L. 2000. Seeking the friendly face of justice: community assistance in the
Family Court. Social Work/Maatskaplike Werk 236: 111 – 122.
Clark, B. 2000. The duty of the state to support children in need. South African Law Journal 117: 342–
361.
Clark, B. 2000. A "golden thread"? Some aspects of the application of the standard of the best interests
of child in South African family law. Stellenbosch Law Review 11: 3–20.
3
BOOKS
Bennett, T.W. 1999. Human rights and African customary law (reprint with 1999 addendum): 1-215.
Cape Town: Juta & Co.
CONFERENCE PAPERS
Bennett, T.W. 1999. Customary law and the best interests of the child. Paper presented at a conference
on The Best Interests of the Child. Cape Town, South Africa.
Burman, S., Dingle, E. & Glasser, N. 2000. The South African Family Court: A first world ideal in a
second world country. Paper presented at the 10th World Conference of the International Society
of Family Law. Brisbane, Australia.
Clark, B. 2000. An antipodean experience: the International Society of Family Law conference. In
Camera 7–10.
Clark, B. 2000. Child maintenance and the role of the South African state. Paper presented at the
International Society of Family Law Conference.
Clark, B. 2000. From rights to responsibilities: an overview of the case law relating to the parent/child
relationship in South African common law. Paper presented at an international conference on
the trend from parental rights to parental responsibilities and children's rights, Cape Town,
South Africa.
Nhlapo, T. 2000. Family law reform in a multi-cultural society. Paper presented at the 10th World
Conference of the International Society of Family Law, Brisbane, Australia.
Sloth-Nielsen, J. & Van Heerden, B. 2000. Politics, processes and pressures of legislating for children
in South Africa. Paper presented at the 10th World Conference of the International Society of
Family Law, Brisbane, Australia.
THESES AND DISSERTATIONS PASSED FOR HIGHER DEGREES
Clark, B. 2000. An analysis of the effects of marriage, divorce and death on the child maintenance
obligation in South African law with some comparative perspectives: 1-280. Ph.D. thesis,
Rhodes University.
CONSULTANCY AND OTHER ACTIVITIES BASED ON EXPERTISE
Bennett, T.W. 2000. Serves on the Editorial Board of African Legal Studies. He has been primarily
responsible for the Discussion Paper on Reform of the Customary Law of Succession, produced
by the South African Law Commission’s Special Project Committee on Customary Law. He is
also involved in the South African Law Commission’s reform of the customary courts of
traditional leaders and in the drafting of the Traditional Courts Bill.
Burman, S.B. 2000. Serves on the Editorial Advisory Board of the Cambridge Studies in Law and
Society. Serves as Chair and Project Leader of the South African Law Commission’s Project
Committee on Maintenance and was also an invited contributor to the South African Law
Commission’s two-day Focus Group on Project 110: Review of the Child Act (Adoption and
Foster Care), held in Cape Town in June 2000.
Clark, B. 2000. General and Contributing Editor of the Family Law Service, and edited Issues 32 and
33.
Nhlapo, R.T. 2000. Was the only permanent member of the South African Law Commission, and as
such worked for it full time until mid-November 2000, with particular input into customary law
issues. As Chair and Project Leader of the Project Committee on the Harmonization of the
Customary Law and the Indigenous Law, he was involved in the past year with issues of the law
of succession, traditional courts, and customary marriage. He has also been very involved in the
work of the Project Committee on Alternative Dispute Resolution, particularly on the Access to
Justice: Community Structures section.
Van Heerden, B. 2000. Continued to serve on the South African Law Commission’s Project
Committee on the Review of the Child Care Act. She was involved in the national South
African Law Commission’s Focus Group Discussions on aspects of the Child Care Act.
4
DEPARTMENT OF COMMERCIAL LAW
HEAD OF DEPARTMENT: Professor M. S. Blackman
DEPARTMENTAL CONTACT DETAILS
Postal address:
Telephone:
Fax:
E-mail:
Department of Commercial Law
Faculty of Law
Private Bag
Rondebosch
7701
South Africa
SA (21) 650-3065/8
SA (21) 650-5631
[email protected]
DEPARTMENTAL PROFILE
The Department of Commercial Law, the largest department in the Faculty of Law, is engaged in
research particularly in the areas of company law, revenue law, labour law, negotiable instruments and
shipping law. The Department is heavily involved in the postgraduate LLB programme, with over 90%
of the postgraduate students registered for courses presented by the department. In addition, over 2000
non-LLB students are registered for service courses presented by the Department.
DEPARTMENTAL STATISTICS
PERMANENT AND LONG TERM
CONTRACT STAFF
STUDENTS
Professors
Associate Professors
Lecturers
Administrative staff
TOTAL
Undergraduate
LLB
Masters
Doctoral
TOTAL
4
4
9
2
19
2300
240
170
3
2713
RESEARCH FIELDS
PERMANENT STAFF
Professor M.S. Blackman
company law; take-overs and mergers
Professor / Judge D.M. Davis
constitutional litigation; tax law; labour law
Professor J.E. Hare
maritime and marine insurance; carriage of goods; insurance law
Professor R.D. Jooste
revenue law; trusts and estate planning
Associate Professor T.S. Emslie
taxation
Associate Professor J. Hofman
electronic law
Associate Professor E. Kalula
international and comparative labour law
Associate Professor C.R. Thompson
collective bargaining and strike law
5
Mr G.A. Davids
business law; company law
Miss E.J. Franco
business law; insolvency and secured transactions
Mr J. Knopp
business law; labour law
Ms. K. Lehmann
public international law; international trade law
Miss R. le Roux
business law; labour law; sports law
Ms N. Mayosi
business law; insolvency
Mr C. Rademeyer
business law; company law
Mrs A. Shirk
business law; banking and negotiable instruments
DISTINGUISHED VISITORS
Professor B.A. Hepple
Master of Clare College, Cambridge, United Kingdom
Dr Stephen Girvin
Carriage of goods by sea, University of Nothingham, United Kingdom
RESEARCH OUTPUTS
RESEARCH PAPERS AND REFEREED ARTICLES
Jooste, R.D. 2000. The regulation of insider trading in South Africa – another attempt. South African
Law Journal 117: 284 – 305.
Jooste, R.D. 2000. Loans to directors – an analysis of s226 of the Companies Act. South African
Mercantile Law Journal 12: 269 – 290.
Lehmann, K. 2000. Book review of N. Rodley “The treatment of prisoners under international law” (2nd
edition). Punishment and Society 2(3): 343-346.
Le Roux, R. 2000. Disciplinary procedures: where are we now? Juta’s Business Law 8: 51-54.
BOOKS
Davis, D.M., Urquhart, G.A. & Olivier, L. 2000. Jutas Tax Library – 3 volumes.
Jooste, R.D. & Beneke, C. 2000. Tax Alert:1 – 100. Durban, Butterworths.
Jooste, R.D., Davis, D. & Beneke, C. 2000. Estate Planning (update). Durban, Butterworths.
CONFERENCE ABSTRACTS
Hare, J.E. 2000. Good Faith, Disclosure, Misrepresentation & the Omnipotent Warranty: A South
African Perspective. Paper presented at BMLA / Tulane conference on Maritime Law in an
International Setting, London, United Kingdom.
Hofman, J. 2000. Copyright protection in South Africa. Paper presented at 5th International Conference
of the Informations Systems Audit & Control Association, Johannesburg, South Africa.
Hofman, J. 2000. Cyberfraud. Paper presented at 5th Southern African Conference on Fraud,
Johannesburg, South Africa.
Hofman, J. 2000. Cyberlaw – legal implications of e-business. Paper presented at Comdex South Africa
Conference, Midrand, South Africa.
UNIVERSITY PUBLICATIONS AND PUBLICATIONS OF A POPULAR NATURE
Hofman, J. 1999. Disputes in the digital domain. Interface Magazine 1: 40-41.
Hofman, J. 2000. Pacts & pixels. Interface Magazine 2: 67-69.
Hofman, J. 2000. The right to privacy. Interface Magazine 4: 105-109.
6
Hofman, J. 2000. Cyberfraud. Interface Magazine 5: 104-107.
UNPUBLISHED RESEARCH / TECHNICAL / POLICY DOCUMENTS
Hofman, J. 2000. Issues in the law of privacy and the Internet. Contribution to the Green Paper on
Electronic Commerce commissioned by the Department of Communications.
THESES AND DISSERTATIONS PASSED FOR HIGHER DEGREES
Postgraduate Diploma in Law
Ahmed, Z. 2000. The Taxation of Damages & Compensation in South Africa. P.G.Dip. dissertation,
University of Cape Town.
Basson, M. 2000. “Capital Nature” of Share Transactions. P.G.Dip. dissertation, University of Cape
Town.
Bosman, I.L. 2000. The Taxation Implications of Trusts Income & Expenditure in South Africa.
P.G.Dip. dissertation, University of Cape Town.
Commins, D.D. 2000. The Taxation of Professional Sportspersons. P.G.Dip. dissertation, University
of Cape Town.
Dix-Peek, M.H. 2000. Section 10(1)(F) and Section 10(1)(FA) of the Income Tax Act relating to
Charitable Trusts & Other Institutions. P.G.Dip. dissertation, University of Cape Town.
Farr, S. 2000. The Deductibility of Interest Expenditure. P.G.Dip. dissertation, University of Cape
Town.
Holwill, G. 2000. Restraint of Trade Payments Received by Professional Rugby Players. P.G.Dip.
dissertation, University of Cape Town.
Jacobs, D.D. 2000. Tax Considerations in International Trade. P.G.Dip. Law dissertation, University
of Cape Town.
Johnson, J.M. 2000. Tax Avoidance & The Income Tax Act No. 58 of 1962, as Amended. P.G.Dip.
Law dissertation, University of Cape Town.
Legwaila, T.D. 2000. The General Anti-Tax Avoidance Provisions of the South African Income Tax
Act (Act 58 of 1962 as Amended). P.G.Dip. dissertation, University of Cape Town.
Marriday, P.W. 2000. The Deductibility of Interest Expenditure Under the Provisions of the Income
Tax Act, 58 of 1962. P.G.Dip. dissertation, University of Cape Town.
Nel, A.L. 2000. The Taxation Implications of Trust Income & Expenditure in South Africa. P.G.Dip.
dissertation, University of Cape Town.
Nordien, Q. 2000. Taxation Implications of Trust Income & Expenditure in South Africa. P.G.Dip.
dissertation, University of Cape Town.
Rogers, A.P. 2000. Sham Transactions – And an Analysis of the Concept of Substance over form in
South African Tax Law. P.G.Dip. dissertation, University of Cape Town.
Von Below, A.P.F. 2000. A Discussion of Capital Allowances in Respect of Commercial Properties.
P.G.Dip. dissertation, University of Cape Town.
Warneke, D.A. 2000. An Analysis of Section 9C of the Income Tax Act 58 of 1962 as Amended.
P.G.Dip. dissertation, University of Cape Town.
Master of Laws
Akapo, F.R. 2000. Arrest of Ships: A Comparative Analysis of Nigerian & South African Law. LL.M.
dissertation, University of Cape Town.
Bagraim, P.E. 2000. “Taxating Transactions in Cyberspace”. A Comparative Overview of the
International Income Tax Implications of on-line Transactions. LL.M. dissertation, University of
Cape Town.
Cohen, J.C. 2000. “How Bona does Fides need to be in Contracts of Marine Insurance?” A
Comparative Analysis of the English and the South African Approach to Marine Insurance
Contracts. LL.M. dissertation, University of Cape Town.
Crookes, G.G. 2000. The Maintenance & Reduction of Share Capital. LL.M. dissertation, University
of Cape Town.
Cupido, D.M. 2000. Admiralty Jurisdiction & Ownership Claims Over Wrecks In the Various
Maritime Zones of the Republic of South Africa & Beyond. LL.M. dissertation, University of
Cape Town.
Davies, A.C. 2000. An Overview of the Relationship between Documentary Credits & Contracts of
Carriage of Sea. LL.M. dissertation, University of Cape Town.
Downing, J. 2000. (1) In Circumstances Where a Partner Withdraws His Capital From The Partnership
& Borrows money to replace the withdrawal, Is the Interest on the Borrowed Money
7
Deductible? (2) The Effect of Section 31 on Cross-Border Financial Assistance Between
Connected Persons. LL.M. dissertation, University of Cape Town.
February, J.G. 2000. Discussion on the Pros & Cons of Capital Gains Tax, Post-Budget 2000. LL.M.
dissertation, University of Cape Town.
Finnern, A. 2000. Tax Avoidance & Sections 103(1), 103(2) & 7 of the Income Tax Act 58 of 1962,
as Amended. LL.M. dissertation, University of Cape Town.
Franke, J.M. 2000. Occupatio of Historical Wrecks. A Practical Guide to the Legal Requirements of
Treasure Hunting on the Seabed Inspired by the “Waratah Situation.” LL.M. dissertation,
University of Cape Town.
Georges, G. 2000. Freedom of Expression – Especially the Freedom of the Press & other Media in
South Africa under the New Constitution. LL.M. dissertation, University of Cape Town.
Gerhardt, A. 2000. Regional Integration & Development Assistance – The case of Southern Africa &
South Africa. LL.M. dissertation, University of Cape Town.
Glander, H.S. 2000. Hostile Take-Overs & the Protection of Minority Shareholders. A Comparative
Analysis of Take-Over Regulations in the United States & The European Union. LL.M.
dissertation, University of Cape Town.
Hagenmeir, C.C.A. 2000. Flags of Convenience: Legal Responses to a 20th Century Shipping
Phenomenon. LL.M. dissertation, University of Cape Town.
Hazenberg, K.D. 2000. Patents & Parallel Imports: Affordable Medicines in South Africa. LL.M.
dissertation, University of Cape Town.
Ipser, A.W. 2000. The Legal Liability of Tax consultants for Bad Tax Advice. LL.M. dissertation,
University of Cape Town.
Jones, J.C. 2000. The Bank’s Duty to Pay under letter of Credit Law. An Analysis of Both the UCP
500 and Revised Article 5 of the Uniform Commercial Code. LL.M. dissertation, University of
Cape Town.
Juric, D.F. 2000. The Perennial Problem: A Critical Analysis of the Income Versus Capital Distinction
in Respect of Share Transactions in the New “Digital” Economy. LL.M. dissertation,
University of Cape Town.
Karagiannis, A. 2000. The Doctrines of Deviation & Fundamental Breach: Have They Really Sunk?
LL.M. dissertation, University of Cape Town.
Low, C. 2000. (1) The Taxation Treatment of Insolvent Estates & Companies in Liquidation Post
Insolvency or liquidation (2) Capital Allowances for Capital Expenditure incurred in mining
Operations: Section 15(A) Read with Section 36 of the Income Tax Act 58 of 1962. LL.M.
dissertation, University of Cape Town.
Maelicke, S.P. 2000. The Nautical Fault Defence – An Anachronism or A Concept of the Future?
LL.M. dissertation, University of Cape Town.
Morris-Berk, C. 2000. The Taxation of Electronic Commerce & The Impact of Electronic Commerce
on the Permanent Establishment Concept. LL.M. dissertation, University of Cape Town.
Olivier, A. 2000. Commercial Arbitration & E-Commerce. Is the Writing Requirement still a
stumbling block in the Arbitration Process? LL.M. dissertation, University of Cape Town.
Ramdohr, H.J. 2000. 1. Discussion on Various Provisions of the Income Tax Act & Their Possible
Infringement of Various rights Entrenched in the Constitution of South Africa. 2. The Cession
of Income. A Discussion of – The Legal Aspects – The Income Tax Implications – Section
7(7). LL.M. dissertation, University of Cape Town.
Rieckhoff, J.J. 2000. South African Maritime Arbitrators Association. Status Quo & Perspective.
LL.M. dissertation, University of Cape Town.
Saenger, J. 2000. The Applicable Law on Maritime Liens: A Comparative Analysis of English, South
African & German Law. LL.M. dissertation, University of Cape Town.
Sansole, P.T. 2000. (1) Taxation of Intellectual Property (2) Risk Management for Tax Consultants.
LL.M. dissertation, University of Cape Town.
Strueber, M.U. 2000. International Antitrust Law. Analysis of the Current Legal Situation with the
aim to Approach a Workable Concept for the Future. LL.M. dissertation, University of Cape
Town.
Van Der Walt, T.A. 2000. Can a Trust be Sold? LL.M. dissertation, University of Cape Town.
Van Marcke, J. 2000. (1) Discussion on the Provisions of Section 11(F) of the Income Tax Act No. 58
of 1962 Relating specifically to Immovable Property; A Section 11(F) Scheme & Whether It
can be classified as a Sham Transaction; Whether the Doctrine of Substance Over form can be
Invoked & Whether the Section 11(F) Scheme will Stand up against the Provisions of Section
103(1) of the Income Tax Act. (2) A Discussion of the Tax base in South Africa; Public Policy;
and the Effect of the Provisions of the Income Tax Act When applied to the Proceeds derived
8
from Illegal Activities Relating Generally to Prostitution and Drug Trafficking & More
Specifically to Theft & Fraud. LL.M. dissertation, University of Cape Town.
Van Tonder, C.J. 2000. Tax Avoidance & the Income Tax Act 58 of 1962, as Amended. LL.M.
dissertation, University of Cape Town.
Waldhauser, M. 2000. South Africa – E U Trade Relations in the Light of the Conclusion of the
Agreement on Trade Development & Co-operation. LL.M. dissertation, University of Cape
Town.
Whitesman, G.J. 2000. Advance Defences Available to Target Companies Against Hostile Take-Over
Bids. An Analysis & Excursus of the Law & Jurisprudence of the United States of America &
the Republic of South Africa. LL.M. dissertation, University of Cape Town.
Wilson, M.S. 2000. (1) The Concept of Residence as a basis for Taxation. (2) An Analysis of the case
of South African Rugby Football Union v Commissioner for South African Revenue Service.
LL.M. dissertation, University of Cape Town.
Young, W.F. 2000. Admiralty Jurisdiction in the Magistrate’s Court? LL.M. dissertation, University
of Cape Town.
9
DEPARTMENT OF CRIMINAL AND
PROCEDURAL LAW
HEAD OF DEPARTMENT - Professor I. Leeman
DEPARTMENTAL CONTACT DETAILS
Postal address:
Telephone:
Fax:
E-mail:
Department of Criminal and Procedural Law
Faculty of Law
University of Cape Town
Private Bag
Rondebosch
7701
South Africa
SA (21) 650-2672
SA (21) 686-2577
[email protected]
DEPARTMENTAL PROFILE
The Department’s primary areas are criminal law, adjectival law (viz. evidence, criminal procedure),
and the law dealing with sentencing and punishment, including prisons. Courses are taught at both
LLB and postgraduate level. The Department finds itself in the exciting and exacting position of
serving both academic and related professional objectives.
DEPARTMENTAL STATISTICS 2000
STUDENTS
PERMANENT AND LONG-TERM
CONTRACT STAFF
Professors
Lecturer
Administrative and Clerical staff
TOTAL
2
1
1
4
LLB
Masters
TOTAL
209
30
239
RESEARCH FIELDS
PERMANENT STAFF
Professor I. Leeman
criminal law; copyright law
Professor D. van Zyl Smit
sentencing; punishment; prisons; correctional service; life imprisonment
Ms E. J. S. Steyn
criminal procedure; evidence
RESEARCH OUTPUTS
RESEARCH PAPERS AND REFEREED ARTICLES
Sarkin, J., Steyn, E., Van Zyl Smit, D. & Paschke, R. 2000. Individual liberty in crisis? Reflections on
the decision of the Constitutional Court in S v Dlamini; S v Dladla and Others; S v Joubert; S v
Schietekat. South African Journal of Human Rights 16: 292-312.
10
Van Zyl Smit, D. & Steyn, E. 2000. Prosecuting Authority in the New South Africa. CIJL Yearbook 8:
137-155.
Van Zyl Smit, D. 2000. Mandatory sentences: A conundrum for the new South Africa? Punishment and
Society 2: 197-212.
CONFERENCE ABSTRACTS
Steyn, E. 1999. Pre-trial detention: Justiciability of the right to liberty under the South African
Constitution. Paper presented at Second World Conference on Evidence and Investigating
Techniques, Amsterdam, The Netherlands.
Steyn, E. 2000. Pre-trial detention and its impact on crime and human rights in South Africa. Paper
presented at Crime and Human Rights Conference, University of the Western Cape, South
Africa.
Van Zyl Smit, D. 2000. Prison legislation in comparative perspective. Paper presented at the
Conference of the International Corrections and Prison Association, Cape Town, South Africa.
Van Zyl Smit, D. 2000. Ist das Strafrecht ein geignetes Instrument, um die heutige
Kriminalitätsentwicklung zu beeinflussen? Paper presented at the Conference of the Alexander
von Humboldt Foundation on the Crisis in Criminal Law and the Criminal Sciences, Bamberg,
Germany.
Van Zyl Smit, D. 2000. Sentencing guidelines and human rights standards. Paper presented at the
Conference of the International Society for the Reform of the Criminal Law, Sandton, South
Africa.
THESES PASSED FOR HIGHER DEGREES
Breuer, S. 2000. The European Union and its efforts concerning the Harmonisation of Copyright Law:
1-72. LL.M. dissertation, University of Cape Town.
Lovold, M. 2000. Extradition in International Law: 1-69. LL.M. dissertation, University of Cape Town.
UNPUBLISHED RESEARCH/TECHNICAL/POLICY DOCUMENTS
Van Zyl Smit, D. 2000. A New Sentencing Framework: Discussion Document 91. Pretoria: South
African Law Commission.
CONSULTANCY AND OTHER ACTIVITIES BASED ON EXPERTISE DEVELOPED IN
RESEARCH
Van Zyl Smit, D. 2000. Adviser to the Government of Malawi on new prison legislation, Lilongwe.
Van Zyl Smit, D. 2000. Member of the Board of the International Centre for Prison Studies.
Van Zyl Smit, D. 2000. Member of the Board of Human Rights Watch Africa.
Van Zyl Smit, D. 2000. Project leader of the committee on sentencing of the South African Law
Commission.
Van Zyl Smit, D. 2000. Member of the National Council on Correctional Services.
Van Zyl Smit, D. 2000. Participant in the international roundtable on the Restorative Prison, Kings
College London.
11
DEPARTMENT OF PRIVATE LAW
HEAD OF DEPARTMENT: Professor D.B. Hutchison
DEPARTMENTAL CONTACT DETAILS
Postal Address: Department of Private Law
Faculty of Law
University of Cape Town
Private Bag
Rondebosch
7701
South Africa
Telephone:
SA (21) 650-3447
Fax:
SA (21) 650-5662
E-mail:
[email protected]
DEPARTMENTAL PROFILE
The research interests of the members of the department vary widely and span the entire field of South
African private law, in both its Roman-Dutch and its customary law aspects. Areas of particular
strength are family law, the law of persons, enrichment, and the law of contract and property. The
overlap zone between contract and delict receives considerable attention and forms the subject of an
LLM course, Comparative Private Law. The research of the department is focused primarily on the law
in operation in South Africa today, but much of it is also concerned with the historical development of
the law, with comparative studies of the law in other legal systems and with the philosophical
foundations of private law. During 2000 the department embarked on an extensive, long-term
international research project which is aimed at producing a comparative study of the South African
and Scottish law of obligations and property.
DEPARTMENTAL STATISTICS
PERMANENT AND LONGTERM CONTRACT STAFF
Professors
Associate Professors
Senior Lectures
Lecturers
Administrative and
Clerical Staff
TOTAL
2
1
3
2
2
HONORARY STAFF
Honorary
Professors
Research Associate
TOTAL
STUDENTS
1
1
2
Undergraduate
LLB
Masters
Doctoral
TOTAL
188
220
32
2
442
10
RESEARCH FIELDS
PERMANENT STAFF
Mr F.G. du Bois
legal history; legal theory; comparative law; environmental law
Associate Professor A.G. Fagan
law of delict; jurisprudence; constitutional theory
Associate Professor C. Himonga
human rights; women and law; children’s rights; family law; customary law
Professor D.B. Hutchison
12
law of contract; law of delict; economic loss
Ms A. Pope
law of property; family law; bioethics; legal education
Professor D.P. Visser
comparative law; unjustified enrichment; legal history; structure of legal systems
HONORARY RESEARCH ASSOCIATE
Professor M. Hewett
Translations of ‘Old Authorities’
HONORARY PROFESSORS
Emeritus Professor W. de Vos
SC BA LLB (Stell) Drs Jur (Leiden) LLD (Cape Town)
DISTINGUISHED VISITORS
Professor R. Brownsword
University of Sheffield
Professor D. Carey-Miller
University of Aberdeen
Professor R. Evans-Jones
University of Aberdeen
Professor A. Forte
University of Aberdeen
Professor N.R. Whitty
Edinburgh University
RESEARCH OUTPUTS
RESEARCH PAPERS AND REFEREED ARTICLES
Fagan, A.G. 2000. A flawed defence. University of Toronto Law Journal 50: 75-114.
Fagan, A.G. & Fagan, E. 2000. Law of delict. Annual Survey of South African Law 1998: 264-283.
Hewett, M.L. 2000. `Old Wine in New Bottles’ or the story of translations of the `Old Authorities’
produced by South Africans (updated) p92-108 in Pro Memorie Bijdragen tot de
rechtstgeschiedenis der Nederlanden Jaargang 2 (2000) I Oud Vaderlandes Recht printed by
Uigeverij Verloren.
Himonga, C. & Bosch, C. 2000. The Application of Customary Law under the Constitution of South
Africa: Problems Solved or Just Beginning? South African Law Journal 117(2): 306-342.
Lacob, L. 2000. The World of Offshore Sham Trusts. Insurance and Tax 15(2): 3-6.
Lacob, L. 2000. Hees NO v Southern Life Association Ltd and Ries v Boland Bank PKS Ltd: The
importance of updating beneficiary nomination provisions in insurance policies. Insurance and
Tax 15 (3): 3-6.
Lacob, L. 2000. Doyle v Board of Executors: Confirming the Contingent Beneficiary’s right to an
Accounting. South African Law Journal 117(3): 441-449.
Lacob, L. 2000. The Offshore Trust World: the status of a letter of wishes. Juta’s Business Law 8(2):
82-84.
Pope, A. & Carey-Miller, D.L. 2000. South African Land Reform Journal of African Law 44: 167-194.
Pope, A., Benatar, S.R., Fleischer, T.E., Peter, J.C. & Taylor, A. 2000. Treatment of head injuries in
the public sector in South Africa. South African Medical Journal 90: 790-793.
Visser, D.P. 2000. Unjustified Enrichment. Annual Survey of South African Law 1998: 260-263.
Visser, D.P. 2000. South Africa. Restitution Law Review (Oxford/Buckingham) 117: 435-439.
Visser, D.P. 2000. Concurrence of enrichment and contractual claims. South African Law Journal 117:
173-178.
Visser, D.P. & Miller, S. 2000. Between Principle and Policy: Indirect Enrichment in Sub-Contractor
and ‘Garage Repair’ Cases. South African Law Journal 117 (3): 594-617.
13
BOOKS
Hewett, M.L. 2000. Larva Legis Aquiliae, The mask of the Lex Aquilia torn off the action for damage
done. A legal treatise by Christian Thomasius (1655-1728). Edited and translated from the Latin
by Margaret Hewett. With an essay “Christian Thomasius, the reception of the Roman law and
the history of the lex aquilia” by Reinhard Zimmermann. Oxford: Hart Publishing, Oxford
prelims xiv pages 48 and 48. Zimmermann’s essay: 49-68.
Pope, A. & Carey-Miller, D.L. 2000. Land Title in South Africa: v-xciv, 1-614. Cape Town: Juta.
CHAPTERS IN BOOKS
Visser, D.P. & Whitty, N.R. 2000. The Structure of the Law of Delict in Historical Perspective. In
Reid, K. & Zimmermann, R. (eds) A History of Private Law in Scotland: 422-476. Oxford:
Oxford University Press.
CONFERENCE PRESENTATIONS
Du Bois, F. 2000. Private Law and Public interest. Presented at the conference on The Law of Delict:
Past, Present and Future, University of Cape Town.
Du Bois, F. 2000. Lens’ Potential. Presented at the conference on Law and Transformation, University
of Witwatersrand.
Fagan, A.G. 2000. A Duty without Distinction. Presented at the conference on The Law of Delict:
Past, Present and Future, University of Cape Town.
Fagan, A.G. 2000. Determining the stakes: Binding and Non-Binding Bills of Rights, presented at the
International Conference on Human Rights in Private Law, Tel Aviv University, Israel.
Hutchison, D.B. 2000. Relational economic loss (interference with contractual relations): the last
hurdle; paper delivered at the conference on The Law of Delict: Past, Present and Future,
University of Cape Town.
Pope, A. 2000. Making innovations work. Presented at Commonwealth Legal Education Association
conference. Adelaide, Australia.
Visser, D.P. 2000. The borderline between Delict and unjustified enrichment. Presented at the
Conference on The Law of Delict: Past, Present and Future, University of Cape Town.
Visser, D.P. 2000. The constitutionisation of Private Law. Keynote address at the conference of Mixed
Legal Sytems, University of Edinburgh, Scotland.
Visser, D.P. 2000. Unjustified Enrichment in mixed Legal Systems. Plenary paper at the conference in
honour of Marcel Henri Bregstein on the European Law of contract and Unjustified Enrichment,
University of Amsterdam, The Netherlands.
14
DEPARTMENT OF PUBLIC LAW
HEAD OF DEPARTMENT: Professor T.W. Bennett
DEPARTMENTAL CONTACT DETAILS
Postal address:
Telephones:
Fax:
E-mail:
Department of Public Law
Faculty of Law
University of Cape Town
Private Bag
Rondebosch
7701
South Africa
SA (21) 650-3072
SA (21) 650-5607
[email protected]
DEPARTMENTAL PROFILE
The staff of the Department continue to conduct research into human rights, constitutional,
administrative, African customary and international law, all of which are of fundamental importance to
developing the South African legal order. In the general field of constitutional law, the role of the
judiciary, the fiscal powers of government and the relationship of national and provincial organs of
state are under examination. In the field of human rights, one of the major topics of research is
discrimination on the basis of race and gender with particular reference to the magistracy. Another
important initiative has been the reform of various aspects of African customary law (marriage,
succession, traditional leaders and conflicts of law) to ensure that it conforms with the Bill of Rights.
Similarly, in administrative law, the major topic of research is the quest for administrative justice in the
context of the Bill of Rights. The rapidly expanding field of international law has prompted study into
the relationship between the international order and South Africa’s current constitutional dispensation,
together with a variety of specific issues, such as refugees, regional integration, coastal zones and
environmental protection. The Department is responsible for presenting graduate courses on specialised
topics within the fields of constitutional law, administrative law and international law.
DEPARTMENTAL STATISTICS
PERMANENT AND LONGTERM CONTRACT STAFF
Professors
Senior Lecturer
Researchers
Administrative and
Clerical Staff
TOTAL
HONORARY STAFF
5
1
3
3
Honorary Professor
TOTAL
STUDENTS
1
1
Doctoral
Masters
LLB
TOTAL
2
112
450
564
12
RESEARCH FIELDS
PERMANENT STAFF
Professor T. W. Bennett
The relationship between African customary law and the constitution; public and private
international law; international trade and aboriginal rights to land
15
Professor H. Cheadle
Human rights and constitutional law; labour law
Professor H. M. Corder
Administrative law; administrative justice and the judicial process
Professor D.J. Devine
International law of the sea; general principles of international law and regional integration
Associate Professor J.I. Glazewski
Environmental, coastal zone and marine resources law
Ms S. Jagwanth
Constitutional and administrative law
Professor T. Maluwa
General principles of international law; refugee and immigration law; human rights and
constitutional law; regional economic integration and international trade
Professor C. M. Murray
Constitutional law; co-operative government; National Council of Provinces; lay assessors;
intergovernmental relations; intergovernmental fiscal relations; local government; and race and
gender
CONTRACT STAFF
Ms S Karbanee
International, constitutional and administrative law
Ms R. Manjoo
Social Context
Ms A. Pillay
International, constitutional and administrative law
Ms C.H. Powell
International and constitutional law
HONORARY PROFESSORS
Professor A. L. Sachs
Constitutional law
DISTINGUISHED VISITORS
Sir Franklin Berman
Oxford University
Professor Jeffrey Jowell
University College, London
Dr Dino Kritsiotis
University of Nottingham
Judge Carole Lewis
Witwatersrand High Court
Professor Stephen Livingstone
Queen’s University, Belfast
Dr Penuel Maduna
Minister of Justice
Ms Baleka Mbete
Deputy Speaker of Parliament
Professor Thandabantu Nhlapo
South African Law Commission
Father Peter-John Pearson
Parliamentary Liaison Office, South African Catholic Bishops’ Conference
Dr Victor Ramraj
National University of Singapore
Dr J Schiller
Alfa Laval, Germany
Professor Richard Simeon
University of Toronto
16
Professor Richard Sutton
Otaga University, Dunedin
RESEARCH OUTPUTS
RESEARCH PAPERS AND REFEREED ARTICLES
Bennett, T.W. & Powell, C.H. 1999. Aboriginal title in South Africa revisited. SA Journal on Human
Rights 15: 449-485.
Bennett, T.W. 1999. The best interests of the child in an African context. Obiter 20: 145-157.
Bennett, T. W. 2000. The reform of customary marriage law in South Africa. Recht in Afrika 3: 1-24.
Bennett, T. W. & Powell, C. H. 2000. The state as trustee of land. SA Journal on Human Rights 16(4):
601-622.
Jagwanth, S. 1999. Constitutional application. South African Journal on Criminal Justice 12: 409-414.
Jagwanth, S. 2000. Constitutional application. South African Journal on Criminal Justice 13: 140-144.
Jagwanth, S. 2000. Constitutional application. South African Journal on Criminal Justice 13: 265-271.
Jagwanth, S. 2000. Constitutional application. South African Journal on Criminal Justice 13: 394-398.
Jagwanth, S. 2000. A new vision of access to information: the South African legislation. Freedom of
Information Review 90: 78-81.
Jagwanth, S. 2000. South Africa: the inequality challenge. Southern Africa Report (Ontario) 15: 30.
Jagwanth, S. 2000. Equality in criminal law. South African Law Journal 117: 681-689.
Murray, C.M. 2000. Provisional constitution-making in South Africa: The (Non) Example of the
Western Cape. Jahrbruch des offentlichen Rechts 48: 481-497.
Murray, C.M. 2000. ‘Speeding transformation: The NCOP’s role in the oversight process’ (with D
Bezruki, L Ferrell, J Hughes) (NDI). Report produced in partnership between the National
Council of Provinces (NCOP), the United States Information Service (USIS), and the National
Democratic Institute for International Affairs (NDI), through a grant from the United States
Agency for International development (USAID), 81.
Murray, C.M. & Simeon, R. 2000. South Africa’s financial constitution: towards better delivery? SA
Public Law 15: 477-504.
BOOK REVIEWS
Jagwanth, S. 2000. Review of Davel, C.J (ed.) Children’s rights in a transitional society. Article 40(2):
5.
CONFERENCE ABSTRACTS
Corder, H.M. 2000. Developing a Code-Book: the South African Experience. Proceedings of
Developing a Code-Book for evaluating Judicial Conduct: A Comparative Model, Denton,
Texas.
Corder, H.M. 2000. Reinventing South African administrative law. Paper presented at the Australian
Institute of Administrative Law Annual Conference, Adelaide, Australia.
Jagwanth, S. 2000. The equality provisions of the South African bill of rights. Conference on a Bill of
Rights for Northern Ireland, Queens University, Belfast, Northern Ireland.
Jagwanth, S. 2000. Equality for vulnerable groups in the constitutional court. Conference on crime and
human rights, University of the Western Cape, South Africa.
Jagwanth, S. 2000. The South African experience of rights litigation. Paper presented at conference on
Sceptical approaches to the human rights Act, Kings College, London, United Kingdom.
Jagwanth, S. 2000. Access to information as it underpins other rights in the Bill of Rights. Paper
presented at IDASA Conference on open democracy in South Africa, Cape Town, South Africa.
Murray, C.M. 2000. Unity through Transformation: Intergovernmental Fiscal Relations in South
Africa. Paper presented at a World Bank/Institute for Federalism conference in Meurten,
Switzerland.
Murray, C.M. 2000. Designing Parliament for Co-operative Federalism: South Africa’s National
Council of Provinces. Paper presented at the Canadian Study Group of Parliamentary
government at the Millennium: Continuity and Change in Westminster Systems, Ottawa.
Murray, C.M. 2000. NGOs and Constitutional Reform. Paper presented at Constitutional Reform in
Africa, Friedrich Ebert Stiftung and Institute on Research into Federalism, Hanover, Germany.
17
Murray, C.M. 2000. Federalism and Democracy. Paper presented at Second Assembly of the World
Movement for Democracy, Sao Paulo, Brazil.
THESES AND DISSERTATIONS PASSED FOR HIGHER DEGREES
Dingake, O.B.K. 2000. Free and fair elections: Electoral law and practice in Botswana. Ph.D. thesis,
University of Cape Town.
Georges, G. 2000. Control, protection and regulation of the media in the light of freedom of expression
in South Africa and Germany. LLM. dissertation, University of Cape Town.
Guy, N. L. 2000. The relevance of non-legal, technical and scientific concepts in the interpretation and
application of the Law of the Sea. Ph.D. thesis, University of Cape Town
Nyland, N. 2000. Legal protection of the environment – the principle of trusteeship over earth
resources in international law. LLM. dissertation, University of Cape Town.
Skoljaas, I. 2000. Access to governmental information: Comparison between the South African
Promotion of Access to Information Act and the Norwegian Freedom of Information Act. LLM.
dissertation, University of Cape Town.
Solo, K. 2000. Security of employment in the public service of Botswana. Ph.D. thesis, University of
Cape Town.
Van de Vijver, L. 2000. Prosecuting perpetrators of genocide. LLM. dissertation, University of Cape
Town.
UNIVERSITY PUBLICATIONS AND PUBLICATIONS OF A POPULAR NATURE
Bennett, T.W. 2000. Discussion Paper on Reform of the Customary Law of Succession. SA Law
Commission, Special Committee on Customary Law, Project 90, Pretoria, 91pp.
Budlender, D. 2000. Doing Something with Nothing: The Family Centre Pilots. Issues in Law, Race
and Gender 7. Law, Race and Gender Research Unit, University of Cape Town, 54pp.
Murray, C.M. 2000. Bring Down the Wall: A Unified Judiciary. News and Views for Magistrates: 1.
CONSULTANCY AND OTHER ACTIVITIES BASED ON EXPERTISE DEVELOPED IN
RESEARCH
Corder, H.M. 2000. Prisoner, Partisan and Patriarch: Transforming Law in South Africa 1985 to 2000.
Fifth Peter Allan Memorial Lecture in Public Law, University of Hong Kong, Hong Kong.
Corder, H.M. 2000. Judicial Education Workshop: Administrative Justice. Roodepoort, South Africa.
Corder, H.M. 2000. Lecture on administrative justice in the UCT Law Faculty’s Professional Education
Programme, Cape Town, South Africa.
Jagwanth, S. 2000. Public law representative on the executive committee of the Open Democracy
Advice Centre (ODAC). This is a tripartite alliance between the Department of Public Law,
IDASA and the Black Sash Trust.
Jagwanth, S. 2000. Law teachers’ nominee on the Standards Generating Body (Legal Education and
Training) for the South African Qualifications Authority.
Jagwanth, S. 2000. Lecture presented to commander rank group of the SA Navy on the Constitution
and the Military.
Jagwanth, S. 2000. Lecture on the Promotion of Equality and Prevention of Unfair Discrimination Act
in the UCT Law Faculty’s Professional Education Programme, Cape Town, South Africa.
Jagwanth, S. 2000. Lecture on the Promotion of Equality and Prevention of Unfair Discrimination Act
in the Women’s Legal Centre Seminar Series, Cape Town, South Africa.
The Law Race and Gender Institute hosted the following:
Gender Justice and the International Criminal Court- a Workshop for Women of Africa. 24-26
August 2000, University of Cape Town.
Family Court Conference, 15-16 November, Sports Science Institute, Newlands, organised
jointly by LRG, the Department of Private Law and the Socio-Legal Unit.
18
INSTITUTE OF CRIMINOLOGY
DIRECTOR & HEAD OF DEPARTMENT: Ms E van der Spuy
DEPARTMENTAL CONTACT DETAILS
Postal address:
Telephone:
Fax:
Email:
Institute of Criminology
University of Cape Town
Private Bag
Rondebosch
7701
South Africa
SA (21) 650-2988/9
SA (21) 650-3790
[email protected]
DEPARTMENTAL PROFILE
The Institute of Criminology is both a teaching department and a research unit, multi-disciplinary in
character. It has four broad objectives: teaching, research, policy formulation for transformation, and
extension services. Its current research work focuses on policing, gender issues, community justice,
environmental crime, sentencing and punishment, and youth justice.
DEPARTMENTAL STATISTICS
PERMANENT AND LONGTERM STAFF
Professors
1
Associate Professors
1
Senior Lecturer
1
Research Staff
11
Administrative Staff
1
TOTAL
15
STUDENTS
Doctoral
Masters
Honours
LLB
Undergraduate
TOTAL
3
21
5
39
31
99
RESEARCH FIELDS
PERMANENT STAFF
Professor D. van Zyl Smit
Prisons research; sentencing and punishment
Associate Professor W. Schärf
Policing; formal and informal popular justice; crime prevention; social movements against
crime; gangs; African justice systems
Ms E. van der Spuy
Policing (public and private); international assistance to policing in transition; drugs policy;
crime and the health sector
CONTRACT RESEARCH STAFF
Ms E. Atkins
Social justice resource library
Ms L. Artz
Gender, law and development; violence against women; legal reform; rural women
Dr W. Dixon
Policing; crime prevention; research methods; sentencing and punishment; critical criminology
Ms S. Dlikidla
Social justice resource library
19
Ms N. Eliasov
Youth justice
Ms M. Hauck
Ecological criminology
Ms L. Johns
Policing, gender
Ms P. Parenzee
Gender, law and development
Ms G. Saban
Policing and gender
Mr T. Sylvester
Youth justice
Ms C. Wood
Youth justice; youth policy; drugs in schools
RESEARCH OUTPUTS
RESEARCH PAPERS AND REFEREED ARTICLES
Coyle, A. & Van Zyl Smit, D. 2000. Editorial: International Regulation of Punishment. Punishment
and Society 2: 259-262.
Dixon, W. 2000. Accountable Policing: A four dimensional analysis. South African Journal of
Criminal Justice 13: 69-83.
Sarkin, J., Steyn, E., Van Zyl Smit, D. & Paschke, R. 2000. Individual liberty in crisis? Reflections on
the decision of the Constitutional Court in S v Dlamini; S v Dladla and Others; S v Joubert; S v
Schietekat. South African Journal on Human Rights 16: 292-312.
Turrell, R. 2000. “It’s a Mystery”: the Royal Perogative of Mercy in England, Canada and South
Africa. Crime, History & Societies 4(1): 83-101.
Van der Spuy, E. 2000. Foreign donor assistance and policing reform in South Africa. Policing and
Society 10: 342-366.
Van Zyl Smit, D. 2000. Mandatory sentences: A conundrum for the new South Africa? Punishment and
Society 2: 197-212.
Van Zyl Smit, D. 2000. Tough Justice: A new Style in South Africa? Legal Research - the Journal of
the Faculty of Law of the University of St. Petersburg 230(3): 183-190.
Van Zyl Smit, D. & Steyn, E. 2000. Prosecuting authority in the New South Africa. CIJL Yearbook 8:
137-155.
Wood, C., Welman, M. & Netto, L. 2000. A profile of young sex offenders in South Africa. Southern
African Journal of Child and Adolescent Mental Health 12: 45-58.
BOOKS
Turrell, R. (ed.) 2000. The mind of the South African Murderer: an anthology of Justice Ministers’
reports, 1907-1945: 1-133. Newlands: SARoB Books.
CHAPTERS IN BOOKS
Artz, L. 2000. Historical overview of violence and gender in Southern Africa. United Nations
Development Programme: Human Development Report on Violence Against Women in
Southern Africa: 1-17; 34-42.
Van der Spuy, E. & Lever, J. 2000. Challenges Facing Democratic Policing in South Africa. In Das,
D.K. & Marenin, O. (eds) Challenges of Policing Democracies: A World Perspective: 195-214.
The Netherlands: Gordon and Breach Publishers.
20
CONFERENCE ABSTRACTS
Artz, L. 2000. Feminist Perspectives on the Sex Work Industry and the Decriminalisation of Sex
Work: A Review of Stanton. Conference on Adult Commercial Sex Workers, Cape Town, South
Africa.
Dixon, W. 2000. Going Glocal: The Indigenisation of Sector Policing in the New South Africa. Paper
presented at the British Criminology Conference, University of Leicester, United Kingdom.
Hauck, M. 2000. An Overview of State and Non-State Responses to Abalone Poaching in South Africa.
Paper presented at the 4th International Abalone Symposium, Cape Town, South Africa.
Schärf, W. 2000. Community Justice and Community Policing in Post-Apartheid South Africa. How
Appropriate are the Justice Systems of Africa? Paper delivered at the International Workshop on
the Rule of Law and Development: Citizen Security, Rights and Life Choices in Low and
Middle Income Countries. Institute for Development Studies, University of Sussex, England.
Schärf, W. 2000. Dispute Resolution in Africa–Past and Present. Association of Arbitrators
Conference, Johannesburg, South Africa.
Schärf, W. 2000. Research and its Contribution to Social Justice. Paper delivered at the National
Conference Reflecting on the Interdependence of Practice, Research and Policy. Institute for
Child and Family Development, University of the Western Cape, South Africa.
Turrell, R. 2000. S v Makwanyane: the South African Way of Abolition. Paper presented at the
Towards the Global Abolition of Capital Punishment Conference, Max-Planck Institute,
Freiburg, Germany.
Van der Spuy, E. 2000. Crime and its Discontent: Governmental Responses to Crime. Presentation at
Conference on Crime and Policing in Transition: Comparative Perspectives. South African
Institute of Institutional Affairs, Johannesburg, South Africa.
Van Zyl Smit, D. 2000. Prison legislation in comparative perspective. Paper presented at the
Conference of the International Corrections and Prison Association, Cape Town, South Africa.
Van Zyl Smit, D. 2000. Ist das Strafrecht ein geignetes Instrument, um die heutige
Kriminalitätsentwicklung zu beeinflussen? Paper presented at the Conference of the Alexander
von Humboldt Foundation on the Crisis in Criminal Law and the Criminal Sciences, Bamberg,
Germany.
Van Zyl Smit, D. 2000. Sentencing guidelines and human rights standards. Paper presented at the
Conference of the International Society for the Reform of the Criminal Law, Sandton, South
Africa.
Wood, C. 2000. An update on the new child justice system. Paper presented at the conference on the
trend from parental rights to parental responsibilities and children’s rights, Breakwater Lodge,
Cape Town, South Africa.
Wood, C. 2000. Unpacking restorative justice: Important considerations for the administration of child
justice in South Africa. Paper presented at Fourth International Conference on Restorative
Justice for Juveniles, Tubingen, Germany.
Wood, C. & Ehlers, L. 2000. Young sex offenders in South Africa: Is diversion appropriate and viable?
Paper presented at NOTA 2000 Annual Conference (National Organisation for the Treatment of
Abusers), Dublin City University, Republic of Ireland.
THESES AND DISSERTATIONS PASSED FOR HIGHER DEGREES
Berg, J. 2000. Private prisons: International experiences and South African prospects: 1-170. M.Soc.Sci
dissertation, University of Cape Town.
Kirschner, A.K. 2000. The peace and development project- A case study of community based policing:
1-70. LL.M. dissertation, University of Cape Town.
Matthews, R. 2000. Reflections on Youth Justice and the operation of Juvenile Courts in the Cape: 155. LL.M. dissertation, University of Cape Town.
UNIVERSITY PUBLICATIONS AND PUBLICATIONS OF A POPULAR NATURE
Artz, L., Johns, L. & Saban, G. 2000. Costing Violence Against Women in South Africa: A
Developmental Framework: 1-31. Occasional Paper Series, Institute of Criminology, University
of Cape Town.
Dixon, W. 2000. The Globalisation of Democratic Policing: Sector Policing and Zero Tolerance in the
New South Africa: 1-71. Occasional Paper Series. Institute of Criminology, University of Cape
Town.
Dixon, W. & Saban, G. 2000. Electrification and Crime: Prospects for Research. Energize: 16-17.
21
Dixon, W. 2000. Safety and Security: A Review. Critical Choices for South African Society: 1-11.
Political Studies Department, University of Cape Town/Institute for the Study of Public Policy.
Dixon, W. 2000. Sector Policing: Go Forth and Multiply. Crime and Conflict 19: 16-20.
Dixon, W. 2000. Zero Tolerance: The Hard Edge of Community Policing. African Security Review 9:
73-78.
Dixon, W. & Johns, L. 2000. Gangs, Pagad and the State: Vigilantism and Revenge Violence in the
Western Cape: 1-54. Centre for the Study of Violence and Reconciliation.
Eliasov, N. & Frank, C. 2000. Crime and Violence in Schools in Transition: A Survey of Crime and
Violence in Twenty Schools in the Cape Metropole and Beyond: 1-39. Occasional Paper Series,
Institute of Criminology, University of Cape Town.
Eliasov, N. et al. 2000. Crime Prevention through Education: A handbook for educators: 1-76.
Hauck, M. & Hector, R. 2000. An Analysis of Operation Neptune: Government's response to Marine
Poaching: 1-14. Occasional Paper Series, Institute of Criminology, University of Cape Town.
Paschke, R. & Sherwin, H. 2000. Quantitative Research Report on Sentencing: An Empirical
Quantitative Study on Sentencing Practices in South African Courts and an Assessment of the
Impact of the Criminal Law Amendment Act No 105 of 1997 on behalf of the South African
Law Commission: 1-63. Occasional Paper Series, Institute of Criminology, University of Cape
Town.
Schärf, W. 2000. Community Dispute Resolution – Some Issues and Options. Chapter 5 of the Draft
Report on Community Dispute Resolution Structures, Committee paper 907, Project 94, SA
Law Commission: 65-87.
Van der Spuy, E., Röntsch, R. & Marais, S. 2000. “Crime and Violence in the Workplace: Effects on
Health workers”. Trauma Review 8(2): 8-12.
Wood, C. 2000. SAYStOP: Training workshop evaluation report. Report evaluating the development
and facilitation of a training workshop held for probation officers in Western Cape Region: 186.
Wood, C., Eliasov, N., Sylvester, F., Vettenburg, N. & Huybregts, I. 2000. Crime Prevention through
Education: Phase II. Report on the development and evaluation of a crime prevention training
programme for educators in government schools in South Africa: 1-164.
Wood, C. 2000. An Update on the New Criminal justice System. News and Views for Magistrates: 2.
UNPUBLISHED RESEARCH/TECHNICAL/POLICY DOCUMENTS
Artz, L. & Quenet, D. 2000. Submission to the South African Law Commission Project Committee on
Sentencing.
Artz, L. 2000. Submission to the South African Project Committee on Sexual Offences: Witness
Protection and Support Services.
Artz, L. 2000. Discussion Document: Research Ethics for the Western Cape Network on Violence
Against Women.
Artz, L. 2000. Drafting Domestic Violence Legislation. Submission to the Namibian Law Reform and
Development Commission.
Dixon, W. 2000. Comments on A New Sentencing Framework, South African Law Commission
Discussion Paper 91 submitted to the Sentencing Project Committee, SA Law Commission.
Dixon, W. 2000. Crime prevention indicators: Paper presented at an Open Society Foundation Training
Workshop on Local Crime Prevention, Noordhoek.
Dixon, W. 2000. Safety and Security of Tourist Destinations, Review of a business plan submitted by
Business Against Crime (National) to the Business Trust.
Hauck, M. 2000. A Pilot Project Towards Abalone and Rock Lobster Co-Management in the HangklipKleinmond Municipality. Final report submitted to Directorate: Marine & Coastal Management
(Department of Environmental Affairs & Tourism).
Paschke, R. & Sherwin, H. 2000. An Empirical Quantitative and Qualitative Study of the Sentencing
Practices of the South African Criminal Courts, with particular emphasis on the Criminal Law
Amendment Act, 105 of 1977. Pretoria: South African Law Commission.
Van Zyl Smit, D. 2000. A New Sentencing Framework: Discussion Document 91. Pretoria: South
African Law Commission.
Wood, C. 2000. A psychological perspective: Addressing issues of normative sexual development and
sexually abusive behaviour. SAYStOP Training Material.
Wood, C. & Ehlers, L. 2000. Family group conferences: Preparation, setting-up and convening a FGC.
SAYStOP Training Material.
22
CONSULTANCY AND OTHER ACTIVITIES BASED ON EXPERTISE DEVELOPED IN
RESEARCH
Artz, L. 2000. Provincial police training on the Domestic Violence Act, Domestic Violence
Regulations and the National Police Instructions on the Domestic Violence Act.
Artz, L. 2000. Workshop and proposals for law reform to the Namibian Law Reform and Development
Commission on the Domestic Violence Act.
Artz, L. 2000. Development of research ethics and supervision with the Sex Worker Education and
Advocacy Taskforce (SWEAT) on Decriminalisation of Sex Work in South Africa: Perspectives
From the Sex Work Industry.
Artz, L. 2000. Member of a legal team to reform the South African Anglican Church Canons in relation
to the management sexual offences cases.
Artz, L. 2000. Representative at International Criminal Court Conference, Cape Town, South Africa.
Artz, L. 2000. Consultant, Oxfam Workshop on Gender-based violence, peace-building and
development initiatives in South Africa.
Artz, L. 2000. Research support provided to the SA Law Commission, Human Rights Watch, the
Women's Legal Centre, the Institute for Security Studies, UWC Community Law Centre and
Legal Aid Clinic, the Human Rights Committee, Triangle Project and numerous nongovernmental organisations within the Western Cape Network in Violence Against Women.
Artz, L. 2000. Training and seminars to non-governmental organisations in the Western Cape on the
Domestic Violence Act & Battered Women’s Syndrome.
Artz, L. 2000. Training seminars to medical practitioners and social workers at Tygerberg Medical
School on the Domestic Violence Act and Medico-Legal Services for Rape Survivors.
Artz, L. & Quenet, D. 2000. Facilitated a workshop on the Sentencing Framework Bill to Western
Cape NGO’s.
Artz, L. 2000. Lecture on feminist research and methods to multi-disciplinary, academic research group
at Peninsula Technikon.
Artz, L. 2000. Lecture series on criminal justice research to candidate attorneys at University of the
Western Cape Legal Aid Clinic.
Dixon, W. 2000. Facilitator, Community Policing, Crime Prevention and Problem-solving, JUPMET
Police Station Management Programme (courses held at the Universities of Stellenbosch,
Pretoria, the Witwatersrand and the Western Cape).
Dixon, W. 2000. Co-chair Goedgedacht Forum for Social Reflection, Discussion on Criminal Justice.
Dixon, W. 2000. Rapporteur, Open Society Foundation Training Workshop on Local Crime
Prevention, Noordhoek.
Dixon, W. 2000. Facilitator, Open Society Foundation Training Workshop on Evaluating Crime
Prevention, Durban.
Hauck, M. 2000. Core group member: Subsistence Fisheries Task Group, Marine & Coastal
Management (Department of Environmental Affairs and Tourism).
Hauck, M. 2000. Seawatch: An Evaluation. Submitted to The Green Trust: WWF South Africa.
Hauck, M. 2000. Assisted with project development for the Cape Action Plan for the Environment
(CAPE): a biodiversity strategy and action plan for the Cape floral kingdom.
Hauck, M. 2000. Facilitated workshop between Institute of Criminology and TRAFFIC project team
with the national drafters of the Biodiversity legislation for South Africa.
Parenzee, P. & Artz, L. 2000. Provincial training of provincial clerks of the court on the Domestic
Violence Act.
Schärf, W. 2000. Member of a Focus Group presenting to Peter Hain (Minister for Africa, UK
Government) on SA Crime Scenarios and Prognosis in SA.
Schärf, W. 2000. Guest on Cape Talk Radio on Crime in the Western Cape.
Schärf, W. 2000. Presentation to a group of UK Parliamentarians on the Community Safety Forums at
the Guguletu Police Station.
Schärf, W. 2000. Facilitation of a Strategic Planning Session for the Atlantis Community Safety
Forum.
Schärf, W. 2000. Presentation on SA Crime Scenarios to UK criminal justice professionals at NICRO
Head-office, Cape Town.
Schärf, W. 2000. Presentation to the Joint Management Team of the UNICITY Commission on
Community Safety Forums.
Schärf, W. 2000. Presentation to the UNICITY Commission on Community Safety Forums.
Schärf, W. 2000. Presentation to the Minister of Justice on Community Safety Forums.
Schärf, W. 2000. Presentation to UK-convened military specialists on SA Crime Scenarios and
Prognosis.
23
Schärf, W. & Van der Spuy, E. 2000. Presentation to the Minister of Community Safety, Western Cape
on Crime Analysis and Strategic Options for the Medium Term.
Schärf, W. & Van der Spuy, E. 2000. Presentation to the Zero Foundation: American Society for
Industrial Security on SA Crime Situation and Prognosis.
Schärf, W. & Van der Spuy, E. 2000. Presentation to investment group convened by the Deutsche Bank
on SA Crime Situation and Prognosis.
Schärf, W. 2000. Strategic Planning Meeting with Bush Radio, Cape Town about their crime-oriented
community programmes.
Schärf, W. 2000. Final Report of the Identification and Formulation Mission, for Danish Assistance to
the Legal Sector in Mozambique, with Mike Fergus, Irene Veerman and Pamela Rebelo: 1-108.
Schärf, W. 2000. Vice-chairperson of the Joint Forum on Policing, Cape Town.
Schärf, W. 2000. Chairperson of the Community Safety Forums Sub-Committee of the Multi-Agency
Delivery Action Mechanism, Western Cape Government.
Schärf, W. 2000. Member of the SA Law Commission Project Team on Community Dispute
Resolution, Project 94.
Schärf, W. 2000. Member of the Gang Prevention Initiative Sub-Committee of the Multi-Agency
Delivery Action Mechanism, Western Cape Government.
Schärf, W. 2000. Member of the Criminal Justice Initiative sub-board of the Open Society Foundation,
Cape Town.
Schärf, W. 2000. Member of the Identification and Formulation Mission for the Safety, Security and
Access to Justice Sector if Department for International Development (UK).
Van der Spuy, E. 2000. Co-chair, Goedgedacht Forum for Social Reflection, Discussion on Criminal
Justice.
Van der Spuy, E. 2000. Member of Editorial Committee, Society in Transition.
Van der Spuy, E. 2000. Member of External Examination Board of PhD Candidate, University of
Toronto, Canada.
Van der Spuy, E. 2000. Attendance of Regional Report Back Meeting for SACENDU.
Van der Spuy, E. 2000. Crime and Politics. Seminar to postgraduate students, Department of Political
Studies, University of Stellenbosch.
Van der Spuy, E. 2000. Youth and Crime. Presentation to NICRO, Cape Town.
Van Zyl Smit, D. 2000. Adviser to the Government of Malawi on new prison legislation, Lilongwe.
Van Zyl Smit, D. 2000. Member of the Board of the International Centre for Prison Studies.
Van Zyl Smit, D. 2000. Member of the Board of Human Rights Watch Africa.
Van Zyl Smit, D. 2000. Project leader of the committee on sentencing of the South Africa Law
Commission.
Van Zyl Smit, D. 2000. Member of the National Council on Correctional Services.
Van Zyl Smit, D. 2000. Participant in the international roundtable on the Restorative Prison, Kings
College London.
Wood, C. 2000. Member of SAYStOP (South African Young Sex Offenders) Steering Committee.
Wood, C. 2000. Co-organiser and trainer at SAYStOP training workshop for 33 probation officers from
the Western Cape Province at Little Streams, Constantia, Western Cape Province.
Wood, C. 2000. Training on the Child Justice Bill provided to UMAC, Law, Race and Gender Unit,
and NICRO Western Cape.
Wood, C. 2000. Visiting scholarship to Katholieke Universiteit Leuven, Belgium for one month.
24
INSTITUTE OF DEVELOPMENT AND LABOUR LAW
DIRECTOR: Associate Professor E. R. Kalula
DEPARTMENTAL CONTACT DETAILS
Postal address:
Telephone:
Fax:
e-mail:
Institute of Development and Labour Law
University of Cape Town
Private Bag
Rondebosch
7701
South Africa
SA (21) 650-5634/3709
SA (21) 650-5660
[email protected]
DEPARTMENTAL PROFILE
The Institute of Development and Labour Law was established at the beginning of 1996 through the
merger of the Labour Law Unit (established 1987) and the Institute of Development Law (established
1992).
The objectives of the Institute are to promote research into the law relating to development and labour
in Southern Africa, and to provide educational and advisory services.
Current Projects of the Institute include Development law, Southern Africa labour law, Gender and
Trade Union education, Small enterprise and industrial democracy, Social security and Child labour
and Equity in employment.
One of the major objectives of the Institute is to disseminate research on development and labour
issues. To this end it produces and collaborates in the production of various publications. It is a copublisher of the Industrial Law Journal (which incorporates the Industrial Law reports), the Labour
Court Digest and Southern Africa Labour Legislation: Commentaries and Selected Statutes. The
Institute publishes the Development and Labour Monographs Series (formerly Southern African
Labour Monographs). This is an interdisciplinary forum designed to encourage scholarship and debate
on development and labour issues. Over a dozen titles have been published in the series. It also
publishes occasional papers highlighting ongoing research, and theme books and reports.
In addition to teaching at both LLB and post-LLB levels, the Institute offers a postgraduate diploma in
Employment Law and Social Security.
DEPARTMENTAL STATISTICS
PERMANENT AND LONG
TERM CONTRACT STAFF
Associate Professors
2
Research Officers
4
Part-time Researchers 1
Administrative and
2
Clerical Staff
TOTAL
9
STUDENTS
HONORARY STAFF
Professorial fellows
Research Associates
TOTAL
3
9
12
Doctoral
Masters
Diploma
TOTAL
2
2
67
71
25
RESEARCH FIELDS
PERMANENT STAFF
Associate Professor C. R. Thompson
collective bargaining; workplace transformation; strikes and lock-outs
Associate Professor E. R. Kalula
international and comparative labour law; labour market regulation; labour legislation; social
security
CONTRACT STAFF
C. Bosch
labour rights; collective bargaining
D. Carolus
international labour standards
S. Godfrey
bargaining councils; industrial sociology
G. Leslie
labour market regulation; minimum labour standards
J. Theron
labour rights; small and medium enterprises
W. Trout
Gender and Trade Union Education
M. Clarke (Visiting researcher 1999-2000)
Labour market restructuring; new patterns of employment
HONORARY STAFF
Professor N. Rubin
international labour standards; law and development
Professor D. P.Visser
unjustified enrichment; legal history; structure of legal systems
Professor P. Benjamin
health and safety at work; minimum labour standards
RESEARCH ASSOCIATES
S. Christie
dispute resolution
K. Dingake
dispute resolution; constitutional and electoral systems
S. Hayter
Minimum labour standards
C. Himonga
international law and the family; the law of the child in Commonwealth Africa
D. du Toit
workers’ participation; small and medium enterprise; labour rights
T. Roux
land and development law; constitutional law; jurisprudence
B. Thaver
skills development
D. Woolfrey
dispute resolution; individual employment rights; labour law under the constitution
DISTINGUISHED VISITORS
Professor B. Hepple
Master, Clare College, Cambridge, UK
Dr. P Gopinath
Counsellor to the Director-General, ILO, Geneva
26
Mr. Manjeev Singh Puri
High Commission of India, Cape Town Office
Dr. Anne d’Albis and Group of French Specialists on Work and Globalisation
Research Director, French National Centre for Scientific Research (CNRS)
RESEARCH OUTPUTS
RESEARCH PAPERS AND REFERRED ARTICLES
Himonga, C. & Bosch, C. 2000. The application of African customary law under the Constitution of
South Africa: problems solved or just beginning? South African Law Journal 117: 306.
Theron, J. & Godfrey, S. 2000. The CCMA and Small Business – The results of a pilot study. Industrial
Law Journal 21 (January): 53-76.
BOOKS
Du Toit, D., Woolfrey, D., Murphy, J., Godfrey, S., Bosch, D. & Christie, S. 2000. Labour Relations
Law (3rd edition): 1-712. Durban: Butterworths.
Thompson, C.R. & Benjamin, P. 2000. South African Labour Law: AA1-301-360. Cape Town: Juta
and Co.
CHAPTERS IN BOOKS, ENCYCLOPAEDIA AND MONOGRAPHS
Thompson, C. R. 2000. Labour-management relations. In Cheadle, le Roux, Thompson & van Niekerk
(eds). Current Labour Law: 35-55. Cape Town: Juta.
Christie, S. 2000. Litigating the apartheid wage gap? Contemporary Labour Law 9 (9) March.
Kalula, E., Bosch, C. & Carolus, D. Labour law. SA Encyclopaedia online.
THESES AND DISSERTATIONS PASSED FOR HIGHER DEGREES AND DIPLOMAS
Postgraduate Diploma in Law (Employment Law and Social Security)
Bam-Mgugunyeka, V. 2000. HIV/AIDS in the workplace: economic, human rights and social security
implications. P.G.Dip. Dissertation, University of Cape Town.
Breetzke, A.C. 2000. The defence of “inherent requirements of the job. An international and local
perspective. P.G.Dip. Dissertation, University of Cape Town.
Bouah, L. 2000. The distinction between the terms “employee” and “independent contractor” P.G.Dip.
Dissertation, University of Cape Town.
Dlali, D. 2000. A critical consideration and analysis of the approaches adopted by the Labour Court
and CCMA in determining the difference between an employee and an independent contractor.
P.G.Dip. Dissertation, University of Cape Town.
Fouqueraux, W.A. 2000. A comparison of pre dismissal procedures emanating from the Industrial
Court jurisprudence under the Labour Relations Act 28 of 1956 with the new requirements of
the Labour Relations Act 1995. Schedule 8, Code of Good Practice: Dismissal, with special
emphasis on the effect on small employers and employees who are unprocedurally dismissed,
but do not suffer substantial prejudice. P.G.Dip. Dissertation, University of Cape Town.
Good, G.L. 2000. Pre dismissal procedures: A comparative study of Industrial court and Labour
Court/CCMA procedural requirements in cases of misconduct. P.G.Dip. Dissertation, University
of Cape Town.
Grobbelaar, L. 2000. Critically consider the approaches adapted from the British Legal System by
courts and more recently the CCMA in an attempt to delineate the concepts of “employee” and
“independent contractor”. P.G.Dip. Dissertation, University of Cape Town.
Groenewald, J.W. 2000. Pre-dismissal procedures under the old and new LRA. A comparative study of
Industrial Court and Labour Court/CCMA jurisprudence on substantive and procedural fairness
in cases of misconduct. P.G.Dip. Dissertation, University of Cape Town.
Hammond, S.F. 2000. An analysis of the changing world of work, new forms of employment
relationship and the implications for South African labour law. P.G.Dip. Dissertation, University
of Cape Town.
Hill, J.M. 2000. The quest for equity-a modern day pilgrimage. P.G.Dip. Dissertation.,University of
Cape Town.
27
Lake, M.D. 2000. Is South Africa ready for a ‘second channel’ of labour relations? Do we have enough
shared values, alternatively enough external pressure (eg international competition) to allow this
experiment in labour-management co-operation to get off the ground? P.G.Dip. Dissertation,
University of Cape Town.
Lalkhen, N. 2000. Rationalising social security in South Africa towards the fulfillment of the RSA
constitutional requirement. P.G.Dip. Dissertation, University of Cape Town.
Lambert, N.E. 2000. Delineation of the concept of “employee” and independent contractor. PG.Dip.
Dissertation, University of Cape Town.
Le Roux, R. 2000. An evaluation of industrial court jurisprudence on pre-dismissal procedures and the
extent to which the labour relations act 1995 and the code of good conduct: Dismissals chart a
different course from that adopted by the Industrial Court. P.G.Dip. Dissertation, University of
Cape Town.
Lewis, P. 2000. Health and safety in the construction industry-the Injaka bridge collapse and its
implications for health and safety regulation in South Africa. P.G.Dip. Dissertation, University
of Cape Town.
Lungu, N. 2000. Pre-dismissal jurisprudence: how the code of good practice (Schedule 8, LRA 1995)
charts a different course from that adopted by the industrial court. P.G.Dip. Dissertation,
University of Cape Town.
Mahlangu, C.V. 2000. Dismissal of legal strikers on grounds of operational requirements of the job
with reference to South African and comparative jurisprudence. P.G.Dip. Dissertation,
University of Cape Town.
Makhabane, P. 2000. The meaning of the concept of inherent requirements of the job with reference to
South African and comparative jurisprudence. P.G.Dip. Dissertation, University of Cape Town.
Matyholweni, T.W. 2000. Rationalising social security in South Africa. Legal and policy
considerations. P.G.Dip. Dissertation, University of Cape Town.
Mohamed, R. 2000. Strikes and operational requirement dismissals: Reconciling the right to strike with
the economic rationale of the business. PG.Dip. Dissertation, University of Cape Town.
Mohlomi, M.R. 2000. Childcare support as an aspect of the social security system of South Africa.
P.G.Dip. Dissertation, University of Cape Town.
Mtshilita, L. 2000. Distinction between the independent contractor and employee. P.G.Dip.
Dissertation, University of Cape Town.
Mulondo, T.D.T. 2000. Dismissal for operational requirements: implications for employers and
employees. P.G.Dip. Dissertation, University of Cape Town.
Musi, M.M. 2000. Regulated flexibility in the new LRA and the new BCEA: some critical discussion.
PG.Dip. Dissertation, University of Cape Town.
Ndou, N.J. 2000. National health insurance in South Africa: challenges and prospects. P.G.Dip.
Dissertation, University of Cape Town.
Nkhambule, J.L. 2000. The new Industrial Relations Bill: continuity and change in Swaziland with
emphasis on freedom of association. P.G.Dip. Dissertation, University of Cape Town.
Njecana, X.G. 2000. Dismissal for operational requirements (retrenchment and dismissal of legal
strikers) P.G.Dip. Dissertation, University of Cape Town.
Ntumy, E.K.B. 2000. The influence of South Africa on the development of employment law in
Botswana. P.G.Dip. Dissertation, University of Cape Town.
Phatlhane, M.B. 2000. A critical look at the social security aspects of HIV/AIDS in the workplace.
P.G.Dip. Dissertation, University of Cape Town.
Pikaan, J. 2000. A critical analysis of the extent to which Item 4 (1)(a) of the Constitution of the
Education Labour Relations Council paves the way for the realisation of section 1(D) of the
LRA, 66 of 1995, for effective resolution of labour disputes in the educational sector. P.G.Dip.
Dissertation, University of Cape Town.
Raposo, A.R.C. 2000. Procedural requirements in dismissal for misconduct. A comparative analysis of
the Industrial court and Labour court/CCMA. P.G.Dip. Dissertation, University of Cape Town.
Sieberhagen, O.J.M. 2000. Dismissal in the South African workplace. P.G.Dip. Dissertation. University
of Cape Town.
Simpson, C.J. 2000. Assessment of the extent to which women are protected against sexual harassment
in the South African social environment: an historical and comparative perspective. P.G.Dip.
Dissertation, University of Cape Town.
Smith, G. 2000. The delineation of the concept of employee and independent contractor. P.G.Dip.
Dissertation, University of Cape Town.
Van Coller, J.M. 2000. The impact of the pension fund adjudicator’s determinations on dispute
resolutions in the pension funds industry. P.G.Dip. Dissertation, University of Cape Town.
28
Van Wyk, D.A. 2000. Legislation affecting conditions of service of educators in the public service: an
analysis and overview. P.G.Dip. Dissertation, University of Cape Town.
Whitfield, L.M. 2000. HIV/AIDS and the health care worker: does the occupational health and safety
Act (OHSA) and the Compensation for Injuries and Diseases Act (COIDA) protect their rights?
P.G.Dip. Dissertation, University of Cape Town.
Master of Laws
Bosch, C. 2000. Section 197 of the Labour Relations Act 66 of 1995- Problems and possibilities. LLM
Dissertation, University of Cape Town
Harper, L. 2000. A study of the statutory provisions that facilitate the variation of labour standards in
South Africa. LLM Dissertation, University of Cape Town.
Doctor of Philosophy
Solo, K. 2000. Security of Employment in the Public Service in Botswana. Ph.D. Thesis, University of
Cape Town.
UNIVERSITY PUBLICATIONS
Theron, J. & Godfrey, S. 2000. Protecting workers on the periphery. Development and Labour Law
Monographs 1/2000, 1-122 pp. Institute of Development and Labour Law.
UNPUBLISHED RESEARCH / TECHNICAL / POLICY DOCUMENTS / CONFERENCE
PAPERS
Kalula, E.R. & Mhone, G. 2000. Report of a study on the formulation of policy objectives, priorities
and strategies for the SADC Employment and Labour Sector, 183 pp.
Kalula, E.R. 2000. Sir Lewis Eliot is Alive and well in Southern Africa: The law teacher as a scholar
and public policy catalyst in a volatile environment. Paper presented to law teachers conference,
Durban.
Kalula, E.R. & Mhone, G. 2000. Employment promotion and labour market regulation in Southern
Africa: Some critical issues. Paper presented to the SATUCC/FES annual regional labour
symposium, Johannesburg.
Christie, S. 2000. Reconciling employment justice and efficiency in dispute resolution: A Southern
African perspective. Contribution to a symposium on the challenges of advancing institutional
reform focusing on comparative employment and labour law reform held under the auspices of
the Fredrik K. Cox International Law Center, Case Western University School of Law. The
symposium is to be published in Vol. 33 of the Case Western Reserve Law Journal of
International Law.
Theron, J. & Godfrey, S. 2000. The CCMA and small business: Report on research in the Eastern Cape
region. Commissioned research report submitted to the Department of Labour, October, 2000,
30pp.
Theron, J., Godfrey, S. & Clarke, M. 2000. Protecting workers on the periphery. Commissioned
research report submitted to the Department of Labour, October, 99pp.
Theron, J. & Godfrey, S. 2000. The CCMA and small business: Report on research in the Gauteng
region. Commissioned research report submitted to the Department of Labour, December, 33
pp.
Theron, J. & Godfrey, S. 2000. Representations to the Department of Labour on the Labour Relations
Amendment Bill, and the Basic Conditions of Employment Amendment Bill 29: 1-5.
Godfrey, S. & Theron, J. 2000. Submission to the Building Industry Commission on labour only subcontracting, 18pp.
CONSULTANCY AND OTHER ACTIVITIES BASED ON EXPERTISE DEVELOPED IN
RESEARCH
Godfrey, S. 2000. Cape Metropolitan Council: Support, capacity building and assessment (as part of
the Tertiary Institution Network) of the job creation and SMME support programmes approved
by the Cape Metropolitan Area Local Government SMME Action Group and Technical
Assessment Panel.
Kalula, E.R. 2000. Member of the Employment Conditions Commission, South Africa.
Kalula, E.R. 2000. Board Member, NEDLAC, South Africa.
29
Kalula, E.R. 2000. Member, Advisory Board, BRIDGE, Independent Mediation Service of South
Africa.
Kalula, E. R. 2000. Adviser to the Southern African trade Union Co-ordinating Council (SATUCC) on
Labour Rights and Regional Integration Issues.
Kalula, E.R. 2000. Commissioned to conduct study on the formulation of policy objectives, priorities
and strategies for the SADC Employment and Labour Sector.
Kalula, E.R. 2000. ILO Expert to advise the Government of the Kingdom of Swaziland on labour
legislation.
Theron, J. 2000. Legal Entities Assessment Project (LEAP): Advice on appropriate legal entities for
communities and groups seeking to hold land in common, and on the interpretation and
simplification of various trust deeds.
Theron, J. 2000. Environmental Monitoring Group: Advice on an appropriate legal entity for small
farmers cultivating rooibos tea.
Theron, J. & Godfrey, S. 2000. South African Transport and Allied Workers’ Union (Western Cape):
Advice regarding the establishment of appropriate legal entities for workers wishing to establish
an enterprise as an alternative to retrenchment.
Christie, S. 2000. Retained by Department of Labour SA to assist consortium contracted to prepare
Code of Good Practice Disability in terms of the Employment Equity Act to be published for
comment [March-June 2000].
30
INSTITUTE OF MARINE AND ENVIRONMENTAL LAW
DIRECTOR:
Professor D. J. Devine
DEPARTMENTAL CONTACT DETAILS
Postal address:
Telephone:
Fax:
e-mail:
Institute of Marine and Environmental Law
University of Cape Town
Private Bag
Rondebosch
7701
South Africa
SA (21) 650-5642/3074/3075
SA (21) 689-8546
[email protected]
DEPARTMENTAL PROFILE
The Institute monitors developments in marine law and environmental law, both at the international
level and in the context of Southern Africa. Its functions include keeping interested parties, in both the
public and private sectors, informed of these developments. This is achieved inter alia through the
newsletter ‘Sea Changes’ which is published from time to time, publishing substantial articles of an
academic nature as monographs or occasional papers, providing opinions and undertaking research
projects on a fee-paying basis when commissioned to do so, carrying out individual research, and
building up a library and reference centre on the law of the sea and environmental law. Courses are
also provided for postgraduate students who may wish to study for further degrees and diplomas in the
Faculty of Law, assistance is provided to postgraduate students who may wish to complete a further
degree in the Faculty of Law by research, and occasional lectures on the law of the sea and
environmental law are given, as required by the University.
DEPARTMENTAL STATISTICS
PERMANENT AND LONG-TERM
CONTRACT STAFF
Professors
Principal Research Officer
(Associate Professor)
Administrative and Clerical
Staff
TOTAL
1
1
1
HONORARY
STAFF
Honorary
Research
Consultants
TOTAL
STUDENTS
3
3
Doctoral
Masters
LLB
TOTAL
2
45
39
86
3
RESEARCH FIELDS
PERMANENT STAFF
Professor D. J. Devine
Law of the sea; international law
Associate Professor J.I. Glazewski
Environmental law; coastal zone law
31
DISTINGUISHED VISITOR
Ms A. Rochette
Visiting professor of international environmental law, Faculty of Law, University of British
Columbia
RESEARCH OUTPUTS
RESEARCH PAPERS AND REFEREED ARTICLES
Devine, D.J. 1999. Provisional measures for the conservation of straddling stock prescribed by the
international tribunal for the law of the sea. The South African Journal of Environmental Law
and Policy 6: 231-236.
Devine, D.J. 2000. Port state jurisdiction: a judicial contribution from New Zealand. Marine Policy 24:
215-219.
Glazewski, J.I. 1999. South Africa: country/region reports. Yearbook of International Environmental
Law 10: 578-591.
BOOKS
Glazewski, J.I. 2000. Environmental Law in South Africa: 1-903. Cape Town: Butterworths.
CONFERENCE ABSTRACTS
Devine, D.J. 2000. The Free Trade Agreement between South Africa and the European Community:
an ongoing evolution. European Community Studies Association of Southern African
Launching Conference, University of the Western Cape, South Africa.
Glazewski, J.I. 2000. South African Law Commission’s Report on Euthanasia and the Artificial
Preservation of Life Revisited. Paper presented at the Society of University Teachers of Law
Conference, Durban, South Africa.
Glazewski, J.I. & Dingle, E. 2000. Treasure Oil Spill – Legal Lesson Learnt. Paper presented at the
Treasure Oil Conference on Wildlife Issues, Cape Town.
THESES AND DISSERTATIONS PASSED FOR HIGHER DEGREES
Guy, N.R. 2000. The relevance of non-legal, technical and scientific concepts in the interpretation and
application of the Law of the Sea Convention: 1-417. Ph.D. thesis, University of Cape Town.
CONSULTANCY AND OTHER ACTIVITIES BASED ON EXPERTISE DEVELOPED IN
RESEARCH
Devine, D.J. 2000. Opinion on the question of access to Orange Roughy in high seas areas off Australia
and New Zealand.
Glazewski, J.I. 2000. Review consultant on a Coastal Zone Management Act for South Africa:
Comments on a Coastal Zone Management Act for South Africa.
32
UCT LEGAL AID CLINIC
DIRECTOR:
Ms V.L.A. de la Hunt
DEPARTMENTAL CONTACT DETAILS
Postal Address: Legal Aid Clinic
Faculty of Law
University of Cape Town
Private Bag
Rondebosch
7701
Telephone:
SA (21) 650-3551
Fax:
SA (21) 650-5664
E-mail:
[email protected]
DEPARTMENTAL PROFILE
The primary goals of the Legal Aid Clinic are to provide legal services to members of the public who
are unable to afford attorneys and to provide practical legal training to law students. However,
attorneys employed in the clinic undertake research (apart from that specifically related to a case) in
their areas of practice. Attorneys have presented workshops, spoken on radio and TV, and presented
papers at conferences and seminars. Legal Aid advisors are encouraged to register for the independent
research option in their final year and conduct research based on their work at the clinic.
DEPARTMENTAL STATISTICS
PERMANENT AND LONGTERM CONTRACT STAFF
STUDENTS
Senior Lecturer /
Director
Administrative and
support staff
Attorneys
TOTAL
LLB
TOTAL
1
45
45
1
3
5
RESEARCH OUTPUTS
RESEARCH PAPERS AND REFEREED ARTICLES
de la Hunt, V.L.A. 2000. Book Review, Ebenezer & Blaro, The Problem of Refugees in Africa.
Ashgate, 1999. South African Journal on Human Rights 16(part 2): 411-412.
CONFERENCE PRESENTATIONS/SEMINARS
de la Hunt, V.L.A. 2000. The Regulations to the Refugees Act – Refugee Rights. South African Branch
of the International Lawyers Association (SABILA), Stellenbosch.
de la Hunt, V.L.A. 2000. The Value of Legal Aid Clinics to Law Faculties. Law Teachers Conference,
Durban.
de la Hunt, V.L.A. 2000. Access to Civil Justice in South Africa: Putting Constitutional Principles into
Practice. Faculty seminar at School of Law, Queens University, Belfast.
33
de le Hunt, V.L.A. 2000. An Overview of Refugee Law in South Africa. Visiting lecture at School of
Law, University of Nottingham.
Goosen, L. 2000. Divorce Court: An assessment. Family Courts Conference.
Groenewald, V. 2000. Legal Representation of Children in Civil Cases: A practitioner’s perspective.
Law Teachers’ Conference, Durban.
Groenewald, V. 2000. Family Courts. Representing children in the Family Court system. Conference
organised by the Law, Race and Gender Unit and the Centre for Socio-Legal Studies at UCT in
November 2000.
UNIVERSITY PUBLICATIONS AND PUBLICATIONS OF A POPULAR NATURE
de la Hunt, V.L.A. & Moffett, M. 2000. Gender Awareness Training Directives for South African
Immigration Officials. Track Two: 9(3): 21-24.
Oliphant, L. 2000. Ask Lungile. Column in Fugee 2(3): 4.
UNPUBLISHED RESEARCH REPORTS
de la Hunt, V.L.A. 2000. Protecting the Most Vulnerable: using the existing policy framework to
strengthen protection for refugee children” with Victoria Mayer, Jacob van Garderen and Jeff
Handmaker. September 2000. Researched for the National Consortium on Refugee Affairs
with financial assistance from the European Union Foundation for Human Rights in South
Africa.
de la Hunt, V.L.A. & Jenkins, F. 2000. Detaining Asylum-Seekers: Perspectives on reception centres
for asylum-seekers in South Africa. Researched for the National Consortium on Refugee Affairs
with financial assistance from the European Union Foundation for Human Rights in South
Africa.
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