Law

Public Protector advocates for community engagement and constitutional democracy

BELINDA BANTHAM — Mon, 15 Jul 2024 07:03:54 +0000

Public Protector advocates for community engagement and constitutional democracy

BELINDA BANTHAM Mon, 07/15/2024 - 09:03

Public Protector Adv Kholeka Gcaleka delivered a lecture at the North-West University’s (NWU’s) Mahikeng Campus on 11 July 2024, during which she emphasised the role of community engagement and the Public Protector in upholding and strengthening South Africa’s constitutional democracy.

Adv Gcaleka highlighted the principles of South Africa’s constitutional democracy, established in 1994, adding that the rule of law, transparency, and accountability are the bedrock of the nation's democratic framework.

"Community engagement is essential for ensuring that the government remains accountable and responsive to the needs of its citizens."

In her address, Adv Gcaleka elaborated on the role of the Public Protector's office, describing it as a vital avenue for citizens to express concerns and grievances regarding public services. She stressed that the responsibilities of the Public Protector's office extend beyond oversight, and that it plays an important role in fostering a culture of transparency and responsiveness in public administration.

Reflecting on the legacy of her predecessor, Prof Thuli Madonsela, she noted the standard set for community engagement and emphasised her commitment to continuing this legacy.

One of the themes of Adv Gcaleka's discussed, the importance of effective complaints management frameworks. She outlined how these frameworks are designed to ensure accessibility and fairness in handling public grievances. By making it easier for citizens to lodge complaints and ensuring that these complaints are handled efficiently and justly, the Public Protector’s office can more effectively address issues of maladministration and corruption.

Adv Gcaleka also provided an overview of the constitutional and legislative mandates of the Public Protector. These include investigating instances of maladministration, enforcing executive ethics, combating corruption, protecting whistleblowers, and regulating access to information. She emphasised that these functions are crucial for maintaining the integrity of public institutions and for protecting the rights of citizens.

"Our role is to ensure that public power is exercised in a manner that is consistent with the Constitution," she said.

In discussing the challenges and opportunities facing South Africa’s democracy, Adv Gcaleka underscored the importance of citizen responsibility and political engagement, especially in the context of coalition governance. She argued that informed voting and participation in political discourse are essential for ensuring that government officials are held accountable. Additionally, she cautioned against undue influence in coalition agreements, stressing the need for vigilance and transparency in these processes. "We must be vigilant to ensure that coalition agreements do not undermine the principles of democracy," she said.

Adv Gcaleka concluded her lecture with a call to action. She urged citizens to strengthen civil society, promote inclusive governance, and safeguard democratic principles. She highlighted the role of the Public Protector as a facilitator of community engagement and a guardian of constitutional democracy, reaffirming her commitment to these roles.

"The Public Protector’s office is committed to upholding the values enshrined in South Africa’s Constitution. This commitment is essential for building a more just and equitable society where the rights and freedoms of all citizens are protected."

From left are Public Protector Adv Kholeka Gcaleka, executive director for corporate relations and marketing, Clement Manoko, and the executive dean of the Faculty of Law, Dr Neo Morei.

NWU community mourns the passing away of Adv Ilyayambwa Mwanawina

BELINDA BANTHAM — Thu, 11 Jul 2024 09:45:48 +0000

NWU community mourns the passing away of Adv Ilyayambwa Mwanawina

by Bertie Jacobs

BELINDA BANTHAM Thu, 07/11/2024 - 11:45

It is with great sadness that the North-West University (NWU) has taken note of the untimely passing away of Adv Ilyayambwa Mwanawina on 10 July 2024. He was a practicing advocate in the High Court of South Africa and was employed at the Duma Nokwe Group of Advocates in Sandton.

As a leader he left an indelible mark on the NWU. His kindness and commitment to justice in all its forms reflected the exceptional person he was. As a community we are poorer without him, but the many lives he enriched will never forget the impact he had on their lives.

Advocate Mwanawina obtained his LLB, LLM and LLD from the NWU during the period 2011 to 2014 and was the President of the Student Representative Council for the period 2010 to 2011.

He served in various positions at the NWU since 2014, including associate professor at the Faculty of Law, acting executive director for student life, and house parent. He also served on various committees at the university, and at the time of his passing away, he was a member of the NWU Council’s Human Rights Committee as external expert. He served as the chairperson of the Independent Students’ Electoral Commission from 2021 to 2023, overseeing the election process of the Students’ Campus Councils.

During the time that he was employed at the NWU he received various awards for teaching and learning as well as research.

He will especially be remembered for his commitment to ploughing back his expertise into various aspects at the NWU.

His family and friends are in our thoughts and prayers.

Adv Ilyayambwa Mwanawina.

Executive dean to be acting judge in the High Court

MARELIZE SANTANA — Fri, 21 Jun 2024 08:57:38 +0000

Executive dean to be acting judge in the High Court

by Willie du Plessis

MARELIZE SANTANA Fri, 06/21/2024 - 10:57

Being appointed to the bench is the pinnacle of achievement for any legal professional, signifying the highest recognition of one’s ability and commitment to justice. Serving as a judge in the superior courts of the country is a prestigious honour sought after by most in the legal fraternity.

Dr Neo Morei, the executive dean of the Faculty of Law at the North-West University (NWU), has received this distinguished appointment as an acting judge from Mr Ronald Lamola, the former Minister of Justice and Correctional Services. She will fulfil this role at the North West Division of the High Court from 4 November to 6 December 2024.

Reflecting on her appointment, she expressed her surprise and excitement: “It was unexpected to be approached by Judge Ronald Hendricks of the North West Division of the High Court, who asked me if I would be available for this rare opportunity.” She considers this a profound honour, stating that “serving on the bench was always a goal I had from the beginning of my legal career, although my path eventually led me to academia”.

Dr Morei credits her role as executive dean of the Faculty of Law for contributing towards her having been considered for this position. “It brought me visibility. I always say that the NWU has been instrumental in my journey, laying a strong foundation from my days as a student assistant. I progressed steadily through the ranks within the faculty, starting as a junior lecturer, moving from lecturer to senior lecturer, then serving as head of department, director, deputy dean, and now as executive dean. I have been consistent and dedicated, earning my place every step of the way. The NWU has taught me that everyone has untapped potential; it just needs to be unlocked.”

Dr Morei’s message to the youth of South Africa is one of encouragement: “This appointment proves that regardless of your background, anything is achievable. I come from Phokeng village, not a metropolitan city, yet I pursued my dreams without hesitation. Perseverance and humility have brought me here.”

She concludes with her formula for success: Hard work, focus, and a positive mindset.

The NWU family congratulates her and has full confidence that she will carry out this responsibility with dignity and honour.

Dr Neo Morei, executive dean of the NWU’s Faculty of Law.

Prof Christa steps down as editor of PER/PELJ

BELINDA BANTHAM — Fri, 10 May 2024 12:20:23 +0000

Prof Christa steps down as editor of PER/PELJ

by Bertie Jacobs

BELINDA BANTHAM Fri, 05/10/2024 - 14:20

She is renowned for her legal acumen and dedication to her profession. She has a list of accolades and accomplishments as long as the horizon, but after 22 years of dedicated service, Prof Christa Rautenbach is stepping down from her current role as editor-in-chief of the Potchefstroom Electronic Law Journal (PELJ). It is known as the Potchefstroomse Elektroniese Regsblad (PER) in Afrikaans.

The PELJ was established in 1998, and is a pioneer in peer-reviewed, open-access online publications. Prof Christa, a former prosecutor, initially served as executive editor from 2002 to 2012, before transitioning to her current and last designation.

Prof Wian Erlank has been named as the incoming editor-in-chief.

“I want to express our deepest gratitude to Prof Christa Rautenbach for her tireless efforts, unwavering commitment and exceptional leadership during her tenure. Under her guidance, the PER/PELJ has thrived and upheld its reputation for excellence. Prof Christa’s contributions have been invaluable, and we are profoundly grateful for her dedication to advancing scholarly research and nurturing a supportive academic community,” said Prof Mitzi Wiese, research director of the Faculty of Law at the NWU. “With this transition, we warmly welcome Prof Wian Erlank as the incoming editor-in-chief of PER/PELJ. Prof Wian Erlank brings a wealth of experience and a strong commitment to advancing scholarly discourse. We are confident that under his leadership, PER/PELJ will continue to prosper and maintain its dedication to academic excellence. It is worth noting that Prof Christa Rautenbach will remain an integral part of the editorial team as an editor,” she continued.

In an announcement on the PER/PELJ website, Prof Rautenbach said: “After 22 years of serving as editor-in-chief, it is with mixed emotions that I announce my decision to pass on the baton to a new leader. It gives me great pleasure to introduce Prof Wian Erlank as the incoming editor-in-chief. Prof Erlank has been an integral part of our editorial team since 2014, and I have full confidence in his ability to steer the journal towards continued success. While we endeavour to make this transition as seamless as possible, we anticipate some delays and teething issues along the way. Your patience and understanding during this period are greatly appreciated. I will remain part of the editorial team for a period of time to ensure a smooth handover. Thank you for your continued support and dedication to our journal.”

Prof Christa Rautenbach

Academic explores customary law among Khoi-San communities

MARELIZE SANTANA — Thu, 28 Mar 2024 07:46:56 +0000

Academic explores customary law among Khoi-San communities

by Mafumane Tlhapi

MARELIZE SANTANA Thu, 03/28/2024 - 09:46

Prof Christa Rautenbach, a lecturer at the North-West University’s (NWU’s) Faculty of Law, recently delivered a keynote address titled "Reviving and recognising customary law: traditional leadership and governance among Khoi-San communities" at the Commission on Khoi-San Matters Research Symposium in Cape Town.

The symposium was a collaborative effort between the Commission on Khoi-San Matters and esteemed academic institutions, such as the University of the Western Cape, University of Stellenbosch, University of Johannesburg, Sol Plaatje University and Rhodes University.

It aimed to delve into critical discussions surrounding Khoi-San customary laws and customs. Furthermore, this collaborative dialogue aimed to foster understanding for and advance the process of recognition for Khoi-San communities in South Africa.

The symposium specifically focused on Section 5(1)(a) of the Traditional and Khoi-San Leadership Act 3 of 2019, which faced constitutional challenges culminating in the landmark case of Mogale v Speaker of the National Assembly 2023 (6) SA 58 (CC) on 30 May 2023.

Prof Rautenbach's address shed light on the profound impact of colonialism and apartheid on Khoi-San communities. She meticulously examined the meaning of "community" and "customary law and customs," along with the criteria outlined in the Traditional and Khoi-San Leadership Act.

In her discourse, Prof Rautenbach aptly remarked, "The legacy of colonialism and apartheid continues to resonate through the fabric of Khoi-San communities, influencing their social structures and legal frameworks. Recognising and revitalising customary law is not merely a legal imperative but a moral obligation to rectify historical injustices."

The symposium witnessed a diverse panel of respondents engaging in lively question-and-answer sessions involving Khoi-San community members and leaders, academics and members of the commission and the Department of Cooperative Governance and Traditional Affairs.

Prof Rautenbach's participation in this significant event exemplifies the NWU's commitment to promoting justice and inclusivity in legal discourse. By amplifying voices often marginalised in legal arenas, she highlighted the importance of acknowledging and respecting diverse legal traditions in the pursuit of a more equitable society.

Prof Christa Rautenbach delivered the keynote address at the Commission on Khoi-San Matters Research Symposium.

New breed of social justice champions enters the fold

BELINDA BANTHAM — Thu, 07 Mar 2024 09:10:49 +0000

New breed of social justice champions enters the fold

by Willie du Plessis

BELINDA BANTHAM Thu, 03/07/2024 - 11:10

In an inequitable world, achieving social justice is central to bringing about a better world. We need a new breed of legal leaders ready to make the law in all its fields and services more accessible to people.

At the Southern African Law Teachers’ Conference it became clear that a strong sense of responsibility regarding social justice will rest on the shoulders of tomorrow’s members of the legal fraternity. This is especially true when dealing with issues such as alleviating poverty, fighting crime and corruption, and making a sustainable transition to renewable energy to curb load-shedding and global warming and to safeguard the environment.

The new champions of justice will have to be resilient, embrace technology and be active participants as new avenues and opportunities arise.

Shaping legal leaders for tomorrow

“It is a new, complex world and we need to adapt, especially when it comes to the training of our graduates. The bottom line is that we all have a responsibility to social justice and the environment we find ourselves in,” says advocate René Koraan, one of the organisers of the conference.

She explains that one major challenge for law lecturers comes from artificial intelligence (AI). It has a profound impact on teaching and learning, affecting how students learn, conduct research and interact. “It can be a powerful tool to achieve an excellent calibre of students in the field of law.”

René says the power of AI in accessing and digesting information can play a significant role in the academic careers of students.

The conference brought together specialists, members of the legal fraternity and law lecturers from major universities in southern Africa.

Among the speakers were the Minister of Justice and Correctional Services, Ronald Lamola, the Judge President of the North West Division of the High Court, Justice Ronald Hendricks, and Justice Bess Nkabinde.

The Faculty of Law at the North-West University (NWU) hosted the conference from 15 to 19 January at the Sun City Convention Centre.

“This year’s theme: Law, Resilience and Social Justice in the 21st Century, was broad enough to offer something for every attendee,” says René.

The conference featured sessions in the various legal fields, ranging from constitutional, customary, private, environmental and cyber law to legal education, among other disciplines.

“It was a great honour for us to have hosted this conference. It was an excellent opportunity to contribute to the achievement of economic, racial and social justice for all,” says Dr Neo Morei, executive dean of the Faculty of Law.

The last plenary session investigated the influence, future and impact of artificial intelligence on teaching and learning. From the left are Prof Puseletso Letete from the University of Johannesburg, Prof Donrich Thaldar of the University of KwaZulu-Natal, Prof Daryl Balia, deputy vice-chancellor for Information Technology and Campus Operations (Potchefstroom Campus) at the NWU, and Prof Wian Erlank, also from the NWU.

New planetary commons law and governance urgently needed to safeguard functions of critical Earth systems

MARELIZE SANTANA — Tue, 27 Feb 2024 12:43:27 +0000

New planetary commons law and governance urgently needed to safeguard functions of critical Earth systems

by Bertie Jacobs

MARELIZE SANTANA Tue, 02/27/2024 - 14:43

It is time to realise and accept that we, as a species, share a responsibility to work together to safeguard all the environmental systems that regulate the functioning and state of the planet.

This is according to Louis Kotzé, research professor at the Faculty of Law of the North-West University (NWU). Prof Kotzé recently served as co-lead author with the world’s leading Earth system scientist, Prof Johan Rockström, on a paper titled "Planetary Commons in the Anthropocene", which was published in the renowned journal Proceedings of the National Academy of Sciences of the United States of America.

The Anthropocene epoch refers to the period in Earth’s history when human activity began to have a significant impact on the planet’s geology and ecosystems.
In their paper, Prof Rockström and Prof Kotzé argue that global commons (areas that do not belong to any one country) cannot include only the parts of the planet beyond national borders, like the high seas or Antarctica. They must also include all the environmental systems that regulate the functioning and state of the planet, meaning all systems on Earth that we all depend on, no matter where in the world we live.

All tipping elements of the Earth system should be considered global commons, they argue. Tipping elements are critical systems that, if changed beyond a certain threshold, can affect the entire planet.

The publication is the result of a two-year-long research project involving 22 leading international researchers. It was initiated and co-directed by Prof Rockström and Prof Kotzé.

Prof Rockström is the director of the Potsdam Institute for Climate Impact Research (PIK), co-chair of the Earth Commission, and professor of Earth System Science at the University of Potsdam. In 2023, he was nominated by Time Magazine as one of the world’s 100 most influential people.

Prof Kotzé is an NRF B1-rated researcher, co-chair of the Scientific Steering Committee of the Earth System Governance Alliance, and a leading environmental law expert.
The research is based on his project at the Research Institute for Sustainability at the Helmholtz Centre Potsdam, Germany during his time as the Klaus Töpfer Sustainability Fellow.

Protecting global commons for the collective good

In their paper, Prof Rockström and Prof Kotzé state that global commons or global public goods such as the high seas and deep seabed, outer space, Antarctica and the atmosphere are shared by all states. They lie outside jurisdictional boundaries and sovereign entitlements. All states and people have a collective interest, especially when it comes to resource extraction, that they be protected and governed effectively for the collective good.

The planetary commons expand the idea of the global commons by adding not only globally shared geographic regions to the global commons framework, but also critical biophysical systems that regulate the resilience and state, and therefore liveability, on Earth.

The consequences of such a “planetary shift” in global commons governance are potentially profound, the authors argue. Safeguarding these regulatory functions of critical Earth systems is a challenge at a unique planetary scale of governance, characterised by the need for collective global-scale solutions that transcend national boundaries.

Earth’s critical systems are under pressure
“Stability and wealth of nations and our civilisation depends on the stability of functions of critical Earth systems that operate beyond national borders,” explained Prof Rockström.

“At the same time, human activities push harder and harder on the planetary boundaries of these pivotal systems. From the Amazon rainforest to the Greenland ice masses, there are rising risks of triggering irreversible and unmanageable shifts in the functioning of Earth’s systems. As these shifts affect people across the globe, we argue that tipping elements should be considered as planetary commons that the world is entrusted with, and that are consequently in need of collective governance.”

Prof Kotzé concluded by saying that: “Earth’s critical regulatory systems are now being put under pressure by human activities at unprecedented levels. Our existing global environmental law and governance framework is unable to address the planetary crisis and keep us from crossing planetary boundaries. This is why we urgently need planetary commons as a new law and governance approach that can safeguard regulating functions for critical Earth systems more effectively.”

Prof Louis Kotzé

Prof Johan Rockström

Faculty of Law hosts Southern African Law Teachers’ Conference

MARELIZE SANTANA — Wed, 10 Jan 2024 11:04:09 +0000

Faculty of Law hosts Southern African Law Teachers’ Conference MARELIZE SANTANA Wed, 01/10/2024 - 13:04

Southern African society continues to face a multitude of challenges. High levels of poverty and unemployment, inadequate infrastructure and electricity supply, crime and rising levels of corruption, and the various legacies of colonialism and apartheid all add to the toxic mix threatening lives and livelihoods.

To counter this, the southern African region depends on well-functioning and just legal systems to find socially just responses to these obstacles.

The Southern African Law Teachers’ Conference, hosted by the Faculty of Law of the North-West University (NWU), aims to explore innovative and practical ways in which the people, through the legal system, can build resilience and social justice in an ever-changing world.
Featuring sessions in various legal fields ranging from constitutional, customary and private, environmental and cyber law to legal education, among other disciplines, the conference promises to explore these vital issues and offer expert insight through its theme: Law, Resilience and Social Justice in the 21st Century.

“We view hosting this conference as a great opportunity to contribute to the achievement of economic, racial and social justice for all,” says Dr Neo Morei, executive dean of the Faculty of Law.

This conference of the Society for Law Teachers of Southern Africa takes place from 15 to 19 January at the Sun City Convention Centre and will bring together various specialists, members of the legal fraternity and teachers in the field of law from major universities.

For more information, email SALTC2024@nwu.ac.za.

Great honour for budding researcher

MARELIZE SANTANA — Tue, 14 Nov 2023 08:27:56 +0000

Great honour for budding researcher

by Christopher Motabogi

MARELIZE SANTANA Tue, 11/14/2023 - 10:27

Maricélle Botes’s long journey with the North-West University (NWU) has paid off. This final-year PhD student at the research unit for Law, Justice and Sustainability has been honoured with the Research Excellence Award for Next Generation Researchers in the Humanities, Social Sciences and Law category by the National Research Foundation (NRF).

This is in recognition of her outstanding academic performance and demonstrated potential for contributing significantly to innovation.

“My research delves into the legal framework for climate resilience in South African cities. It involves an in-depth analysis of city-level law-making, focusing on spatial planning and land use management by-laws,” she explains.

Through empirical research in three secondary South African cities, she is aiming to understand the current legal landscape and identify areas for improvement.

Preliminary findings suggest that while some municipalities have taken steps towards climate resilience, Maricélle says a significant gap exists in incorporating climate considerations into local by-laws. This research seeks to bridge that gap and provide actionable insights for policymakers and legislators.

“Receiving the NRF Excellence Award for Next Generation Researchers is a profound honour and a testament to the dedication and hard work I have invested in my academic journey thus far,” says an elated Maricélle.

Groundbreaking research unit

Maricélle is a PhD researcher in the NRF SARChI: Cities, Law and Environmental Sustainability (CLES) research chair, which forms part of the research unit for Law, Justice and Sustainability.

“The research unit utilises law to find innovative juridical solutions to advance justice and sustainability in South Africa and the region. The focus is on human vulnerability, environmental change, justice in practice and finance, trade and innovation,” explains Prof Mitzi Wiese, who heads the unit.

Maricélle attributes her success to support from academics such as Prof Wiese, colleagues, and supervisors such as Prof Anél du Plessis, extraordinary professor at the Faculty of Law, and her own network of family and friends.

“I have been part of the chair since its inauguration in 2019, first as an LLM student and then as a PhD student.

“This recognition means a great deal to me, as it underscores the value of the research I am conducting, its potential impact on our society and the different fields of law I am engaging with in my PhD research,” she concludes.

With Maricélle Botes is Prof Bismark Mzubanzi Tyobeka, NWU principal and vice-chancellor, Prof Dumi Moyo, dean of the Faculty of Humanities (far left), and Prof David Modise, dean of the Faculty of Natural and Agricultural Sciences (far right). She lives by her favourite quote that “Anything is possible if you've got enough nerve”.

From law books to lookbooks – a toast to future advocates at the final-year farewell dinner

BELINDA BANTHAM — Tue, 17 Oct 2023 08:18:04 +0000

From law books to lookbooks – a toast to future advocates at the final-year farewell dinner

by Steve Maphakathe

BELINDA BANTHAM Tue, 10/17/2023 - 10:18

The journey of a law student is undoubtably challenging and short, and their time at the North-West University (NWU) has prepared them for the opportunities and obstacles that lie ahead.

Having arrived here a few years ago, they are about to leave and embark on different journeys to try and find appropriate solutions to the issues the global community is currently facing.

On Thursday evening, 12 October, the Faculty of Law hosted a farewell dinner with the theme “Law as a superpower” for the final-year students.

Mr Kagiso Masilo, director of Undergraduate Studies at the Faculty of Law, gave the welcoming address and highlighted the importance of the event.

“As we bid farewell to our students who are in a moment of transition from being students to alumni, this gathering represents the intersection of aspiration and accomplishment. It is a testament to the vital role that law plays in shaping our society.”

Among the distinguished guests were Mr Ronald Lamola, Minister of Justice and Correctional Services for the Republic of South Africa, and Tshadi Leshomo, senior magistrate at the Department of Justice and Constitutional Development. Steven Moodley, who is a brigadier in the South African Police Service (SAPS), and Prof Mitzi Wiese, associate professor and director of the research unit Law, Justice and Sustainability, were the other guests. Prof Daryl Balia, deputy vice-chancellor for Assigned Functions and Campus Operations: Potchefstroom Campus, had the honour of introducing the minister and reading his biography. In addition, he highlighted how prestigious it was for the minister to be present.

In his address, Mr Ronald Lamola urged the students to be the defenders of truth and build a future that should accommodate all the demographics of the country.

“As a law student, you have a responsibility to uphold the nation's Constitution, live with integrity, pursue lifelong learning, and never give up on bettering the conditions of the country. Approach the future with a purposeful mindset, armed with a way to Improve the socioeconomic situation that the nation finds itself in.”

On behalf of the law student leadership, Mr Elton John, who is the Law Student Academic Chapter chairperson, said the students chose law as a career to be real-life heroes. He went on to say that the students should rise above adversity and be the change they wish to see.

Prof Mitzi Wiese gave the farewell message and emphasised that the students should keep in mind the broader impact their work has on the global community.

“I want you to stress the importance of integrity, honesty and a deep sense of ethics. The legal profession is built on the foundation of trust, and the trust of the clients, colleagues and the public are paramount. As you prepare to embark on your careers as legal professionals, make a positive impact by upholding the values of justice, integrity and public service.”

It was a memorable evening of dressing up and walking down the red carpet with gorgeous dresses, suits and ties. The students will look back on this day with fond memories.

Prof Daryl Balia introducing Minister Ronald Lamola and reading his biography.

Minister Ronald Lamola addressing the final-year Law students..

Mr Elton John giving a speech to his fellow classmates.

Minister Ronald Lamola receiving a gift from the faculty management committee of the Faculty of Law.