Altum sonatur Edition 4

Official UCT law students’ magazine

KRAMER EDITION

Volume 5, Issue 4.

Sounds Profound

ALTUM SONATUR

CONTENTS 2

A History of the Law Faculty

3

The End of an Era

5

Pandemonium in Parliament

6 The Ebola-Patent Debate 7

Students Exercising Statutory Power

9 Where are our Black Professors?

10 WhatkindofLawyer is Kramer raising us to be?

w

Thoughts from the Editors Goodness, Grotius and Me

I can’t believe this is the last time I am penning one of these; it all went by so terribly fast.

Bob Dylan – the man you must readily quote to be cultured but still relatively contemporary – once said that “there is nothing more stable than change”. It is a mantra that the Altum team of 2013/2014 proudly wore on their sleeves, willing to take risks in the name of creativity and progress. And of all the experiences in my life, it was so pleasurable to watch such committed people come together with a common and laudable goal. But although I had the privilege of writing these editorials issue after issue, as the old adage goes: behind every half-decent editor, there is a whole team cleaning up his mess. Or something like that.

So I must express my deep gratitude to Maeve, our boisterous Treasurer/guru; Ebrahim, our secretary, who flapped his committed wings into uncharted (internet) terrain; Fiona,

our brutal copy editor, who so gleefully wore the blood of so many butchered articles; my industrious and creative Senior Editors, Jess, Matilda, Belinda (who moonlighted as our resident Annie Leibowitz) and Clifford, your inspired efforts ensured these issues all came together in the end; Jamie, who moved from Marketing to her position as Design Editor, transformed the way Altum was presented to you. Her inventiveness and tireless commitment made our vision for this magazine a very tangible reality. Lastly and most importantly, my fearless Deputy Editor, Steffi, whose brains and management skills kept the ship afloat and who will surely have a copy of Altum with her at the proverbial pearly gates.

The new Editor, Steffi, put this issue together with her burgeoning team. I have no doubt that it may be the best Altum yet and for those of you still making your way through the face-brick prison that is Kramer, it is an ominous sign of exciting things to come.

So with that, I say adieu and good tidings to this magazine that has nurtured me and taught me so much. May it continue to do so to other young students for years to come.

11 What is our struggle?

12 Moot Madness 13 Beyond Graduation:

Roads less travelled 15 ENSafrica writesfor

us: Life as a Candidate Attorney 16

The Final Year Dance

17 Humans of Kramer

19 In Class 21 Kramer’s Speedy Crossword

22 Meet the new team

anything said in Deutsch sounds pro found?

citement for the editions to come; each member is bubbling with creativity and bursting at the seams with ideas. This overwhelming explosion of inspiration is what has given rise to this edition. It is an ode to what brings all of us (readers and writers alike) together: Kramer.

Although its name brings with it memories of all-nighters in the 24 hour library, breakdowns over failed tests and mooting (a memory that I can proudly say I have successfully suppressed, along with the that of my Property Exam), Kramer represents the home away from home that each and every law student develops over the course of their studies. Thus, this edition is dedicated to Kramer, and all its inhabitants that hope to overcome this legal boot camp.

I remember the first time I laid eyes on an Altum Sonatur edition – back in the days when it was still a newsletter, with a funky green colour-scheme and a picture of the past Editor-in-Chief, Safura, plucked on the cover. Although I did not understand a single word that was written in it (oh, how horrifying those Latin phrases seemed back in PreHopefully, this - the very first edition crafted by lim A!), I just knew that one day I wanted to see the new committee - is merely a taste of what is my name written next to that Editor-in-Chief title. still to come for what I truly hope will be a revNow, the day has finally come. Pop the cham- olutionary year for Altum Sonatur (touch wood!). pagne! I sit here trying to not feel utterly silly In conclusion, as my home language is Gerwhilst (awkwardly attempting) to write this editorial. I do this as the harrowing thoughts that man, I would like to drop in an insanely awesome I should actually be attending to those dread- German legal word into every edition, in order ful opinions due and exams oh so terrifying- to illustrate that Latin is not the only sophisticatly close keep creeping in (cue the freak-out). ed (nay, complicated) language that is out there.

Something said in German may also sound proLet me start off first with just acknowledging how found - though somewhat aggressive and scary crazily humongous the footsteps that I have been at the same time, but that’s part of its charm. chosen to fill are. I’m not exaggerating by stating My word for this edition of Altum Sonatur is… that the footsteps left by my predecessor, Kevin, are Rechtsschutzversicherungsgesellschaften Godzilla-like. Kevin’s finesse and ease in leading What the hell that means you may ask in utter our diverse team was truly inspiring. You will be incredibly missed, Mr Kevin-Man, along with that disbelief? Easy: Legal Insurance. earthquake-inducing laughter of yours!

Mind blown.

However, with a new year comes a new committee. Their eyes sparkle with the ex-

Anything said in Latin, sounds profound.

A History of the Law Faculty Vermin Fattening on the Credulity of the People:

By Jessica Mann

E

ver wondered who the LawFaculty is named after? Or what Judge Dennis Davis looks like in a pair of rugby shorts? Well I have.

And that’s what inspired me to seek out the history of our beloved law faculty. In case anyone is wondering, such facts are not readily available to someone like me who solely relies on Google. Although, I have to admit I’ve never actually googled ‘Judge Dennis Davis in a pair of rugby shorts’ – or have I? No, the information I intend to impart to you, dear readers, involved a great deal of personal effort on my part. I even consulted a hardcover history book (I know).

What I found is that our Faculty has quite the illustrious history. So where did it all begin? Firstly, it is important to note that the study of law in the Cape was not always quite as prestigious as one would like to believe. In fact, in 1806, attorneys were described by Sir John Barrow as “mostly being related to one another,” and that to become an attorney was “by no means necessary to study the law.” He even went so far as to describe lawyers as “vermin fattening on the credulity of the people…” Suffice it to say, there was a slight gap in the market for a good legal education.

However, this was resolved with the birth of the Law Faculty per Act 12 of 1858. Rather bizarrely, despite the introduction of the Faculty and the introduction of an LLB curriculum, no provision was made for actual legal tuition. Despite this lack of discernible organization, a man by the name of Sir Johannes Brand was proudly appointed as the first Professor of Law in our faculty.

Apparently, he was such a raging success as a lecturer that he was even called upon to give several encores “for the public edification”.

Unfortunately Brand selfishly deserted us in 1863 to become President of the Orange Free State. This was no disaster, however, as the culture of legal education had been born. One of Brand’s protégés, Caspar Hendrick van Zyl, unofficially but devotedly adopted the duties of a Professor of Law. Van Zyl single-handedly took it upon himself to provide systematic guidance to LLB students, thus paving the foundation for the incorporation of the Law Faculty into the University of Cape Town, which itself was established in 1918.

The rest is history. In 1973, the Law Faculty moved from Hiddingh Hall to PD Hahn on Upper Campus. In 1987, the Law Faculty moved into the Education Faculty’s old building on Upper Campus, then re-located to Kramer in 1806 (originally built for the Education Faculty). When we made the grand move from Upper to Middle in the mid-2000s, what was left of the Education Faculty

Quid quid latine dictum sit, altum sonatur.

limped back to the building we had vacated on Upper Campus.

So why the move? In 1998, the then Vice-Chancellor, Dr Rampele, thought that the Law Faculty should move, and in Professor Corder’s words (who was Deputy Dean and then Dean throughout this period) “she was a force to be reckoned with.” The Faculty debated the move at length but the majority saw the benefits of a much bigger and better building.

Every little detail was planned and thought out– timetables changed to give students an extra five minutes to get to campus, and the Faculty even timed how long it took on average to walk from Middle to Upper (12 minutes) and vice versa (8 minutes).

The building was then named after Wilfred and Jules Kramer, a married couple who made their living through owning various bottle stores (which explains a lot about the type of students they let in here. Just kidding). Wilfred was trained in law and Jules was a musician, and when they died they left a substantial legacy to both law and music. Most of the law bequest was to establish a building for “Law School,” although there are also Kramer bursaries for postgraduate studies.

So there you have it. A whirlwind history of our beloved Faculty.

Many thanks to Professor Corder and Professor Howard Phillips (Historical Studies) for their assistance.

The end of an era

This year marks the end of Professor Jonathan Burchell’s tenure at UCT. He bids Kramer and the life of teaching, farewell. It seemed fitting for Altum Sonatur to take time and sit down with Burchell to get insight into his life post-academia and also chat about the recent Oscar Pistorious judgment.

Looking around his office the portraits of his wife and children, drawn by him, stand out. His face brightens as he describes his passion for painting and his family legacy. One thing is obvious: family life is paramount to him: “My family is everything to me. I’m besotted with my grandchildren.”

Burchell has followed in his grandfather and father’s footsteps - both were criminal law experts in their own right. Looking at a picture of his grandfather and father, Prof Burchell speaks of his own career. After having graduated with a Bachelor of Arts and Bachelor of Laws (cum laude) from the University of Natal, Pietermaritzburg, Burchell went on to receive a Masters of Laws from the University of Cambridge

in 1974. “I started at Wits lecturing Delict and Criminal law. I then taught at Natal for fourteen years and then at UCT for another fourteen years” Burchell seems to look forward to leaving the ivory tower of Kramer behind, but there is no love lost: “I’ll miss lecturing, I really will...

But I’m happy to not have to attend meetings and mark exam scripts.

I’m proud to have been part of this vibrant, collegial and internationally recognised Faculty and Department.” Burchell has been such an active part in the faculty and cites moot adjudication and tutorials as parts of the job he will miss most.

What does one do after such a busy academic life? Burchell speaks of looking forward to writing more editions of Principles of Criminal Law, as well as, other courses such as delict that he has previous editions of. This doesn’t sound like much of a withdrawal from his busy work life!

“Actually, I don’t like to think of it as ‘retirement’, rather as a new development phase. A change

that will give me more time with [my wife] Wendy, my children, my two grandchildren and our close friends, a time to continue my fascination with oil painting, wild-life photography, creative writing, and a time to play tennis and frequent the Sports Science gym.”

With his impending retirement looming, it seemed fit for Altum Sonatur to get a take on Burchell’s view of the recent Oscar Pistorious judgment considering all the debate surrounding both the case and judgment.

“It’s correct, both in law and fact.”

Burchell explained Judge Masipa’s approach, highlighting the importance of the aspect of dolus eventualis and the judge’s finding. One important fact that he noted was that Pistorius had alleged throughout the trial that he thought that an intruder was in the bathroom and that Reeva was in bed. What is important about this claim in terms of dolus eventualis?

“The idea of her being behind the door is eliminated from his mental

features

state and what is left is his belief that he was acting in a putative private defence situation and knowledge or foresight of the unlawfulness of his conduct was lacking.

The Judge found that this evidence could be reasonably possibly true”, Burchell explained. “Therefore, although Pistorius’s evidence was not reliable in some respects, if he truly and genuinely believed that he was responding to an intruder he must be acquitted of murder because knowledge or foresight of unlawfulness was lacking.”

Burchell also discussed the part where Judge Masipa found that a “reasonable person with disabilities would have foreseen the possibility of Steenkamp being behind the door and being shot and killed by one or more bullets that he fired and a reasonable man would have taken steps to guard against the consequences and the accused failed to take the steps and is therefore negligent in regard to the killing”. Whilst the judgment doesn’t set any new precedent in regards to the reasonable person test, Burchell considered that had the judge addressed sub-

jective beliefs, in this case Pistorius’s anxiety, then one could have said that she had “broken new ground and it would no longer be just superstitious beliefs taken into account, but also personal anxieties...”.

As the interview progressed, I could not resist asking those much-anticipated questions: How many years will Pistorius get?

Will he actually go to prison? The always methodical Burchell is not a fan of making predictions. He, however, did reveal that he doubts that Judge Masipa will impose the severist sentence on either of the charges.

“It may be that she would impose

“Actually, I don’t like to think of it as ‘retirement’, rather as a new development phase.” a two-year sentence for the gun charge and five or six for culpable homicide, but she may also suspend part of the sentence and possibly impose some community service…. She has to weigh up the nature and severety of the offence, the interests of society and the moral blameworthiness of the accused. We will have to wait and see what evidence is presented from both sides as to the appropriate sentence.” In terms of a possible appeal: “[The State] can only appeal on law and in regard to sentence. And it does appear they might be keen to appeal on matters

Quid quid latine dictum sit, altum sonatur.

of law” So all things considered, does the judgment have Burchell’s stamp of approval? Yes, but he seemed to have a few criticisms: “[Judge Masipa] could have stressed more the putative self-defence issue. She could also have spent more time dealing with error in objecto, a mistake as to the identity of the victim… What was not fully realised in the judgment was that Oscar had notionally eliminated Reeva from being behind the door… whether you actually believe him or not. Remember a criminal trial is all about reasonable doubt.”

With Oscar talk exhausted, Altum Sonatur only had one question for Professor Burchell; what wise words would he like to impart on the students darting around the hallowed halls of Kramer?

“Stay away from the golden folder or magic notes. They will mislead you. It’s far better to think about the law yourself. Do the readings to come to your own conclusion and write your own words.”

Our parting word: “Farewell,Professor Burchell, it has truly been an honour, all the best wishes from Kramer!”

BY RUVA SAMKANGE

current affairs

Pandemonium in Parliamen t

BY KNEO MOKGOPA

The

EFF has been accused of whistling in Parliament, they shout raucously, the party accuses the ANC of murdering those killed in the Marikana massacre, they call whomever they wish thieves, are constantly being asked to leave the House, omit the title “honourable member” from their colleagues in opposing parties, they often shout remarks without any sense of tact whatsoever and enter physical brawls and swearing contests. And still, Juju warns, “More is still coming, we have not started… [people want to see] the necessary irritation.”

“We want the money! Bring back the money!” – The EFF’s injection into Parliament has undeniably made things interesting (pronounced chaotic). The EFF has a share of members whom have questionable integrity. Vusi Khoza, the party's candidate for Premier of KwaZulu-Natal, has a criminal conviction for his involvement in what was believed to be a xenophobic attack on foreigners at Albert Park, Durban in December 2009. That given, the Julius Malema red beret and dungaree wear-

ing cohort certainly doesn’t lack an intellectual base, with members such as Andile Mngxitama, a leading Black Consciousness writer. However, form has failed to follow function in terms of how the party handles its affairs in the Assembly. Order Juju, order!

The charismatic Juju mustered up 25 seats under the slogan “Economic freedom in our lifetime”, but how effective have those seats been to the party in carrying out their mandate? The EFF’s etiquette in Parliament has turned the National Assembly into a circus of points of order. It often feels as though our Parliament is a national embarrassment that should at least be banned from YouTube for the sake of international diplomacy.

Yet, in a healthy democracy, the opposition is a necessary evil that should so conduct itself in Parliament as to persuade the people of the country that it has the hubris and potential to change matters for the better. In this regard, the EFF can be said to be effective. With, what has been called a shallow manifesto that organizes masses with a simple

unifying idea of economic freedom, coupled with a common enemy - the ANC - the EFF has still positioned itself as a blazing, necessary and vocal opposition to the monolith that is the ANC. Furthermore, a democratic country is one where the population votes on whom they want to realise their ambitions. By garnishing over a million votes, the EFF has shown that it has the will of the people, representing their views and aspirations for change. Further, the seemingly outrageous remarks made by the EFF in Parliament are protected by the party’s freedom of expression in section 16, qualified such that it should neither amount to hate speech nor incite eminent violence. In addition to this, as held in De Lille v Speaker of the National Assembly, section 58(1) of our Constitution offers an absolute freedom of speech, subject only to the rules and regulations the house sets for itself, to every member of the National Assembly.

As of late, the honourable Julius Sello Malema has called to wealthy South Africans to fund opposition parties such as the DA, Agang SA and the like: “"Those of you who have money, you must not finance only those who agree with you ... but the opposition, because if the opposition doesn't have sufficient funds it will die a natural death ... it means dictatorship. Let's support parties that are going to give the ANC hell in parliament."

Thus, there seems to be some kind of method to the utter madness the EFF has introduced to the National Assembly of South Africa.

Anything said in Latin, sounds profound.

The Ebola-Patent debate Saving lives vs. the Pursuit of profit

The Argument for Patent- ble to more people. However, what ing Ebola-curing drugs the opposing side fails to see is that there is no better incentive for reAt this point, the reason major glob- search and development than patents. al pharmaceuticals have failed to International patents generally enprovide effective Ebola treatment is sure that for a set period of time (usumarket-orientated (according to the ally 20 years) only the company which WHO). Ebola, being a disease occur- produced the drug can continue manring mostly in developing countries ufacturing, distributing and selling and amongst poor populations, has the product. Pharmaceuticals spend not attracted any kind of research years testing, developing and studying and development because of sig- potential cures for illnesses ranging in nificantly low profit expectations. seriousness. The process begins with The question is, when the cure is academic, lab research, and ends with produced, whether international clinical testing on people. This can patent law will prevent or bolster its take anywhere between 5-7 years, and availability. Despite accusations that costs enormous amounts of money. pharmaceuticals are money-driven, Given this immense effort on the morally ignorant corporate bodies, side of the pharmaceuticals, patentboth sides of this debate want the ing drugs is justified on two grounds. same thing: more medicine availa- First, it would be unfair to take a

The Argument for bypassing in that the open market competipatents in order to save lives tion necessary to drive down the high price of drugs is prevented.

The Ebola outbreak has illustrat- The practice of patents promotes ed just how ill-equipped developing the concept that the production of countries are to contain and treat le- life-saving drugs is a multi-million thal viruses. The rapidity of the spread dollar business and nothing else. In is facilitated by the environmental and upholding the private interest of the social conditions faced by countries pharmaceuticals, society faces devwith fewer accesses to resources, poor astating repercussions. Other firms healthcare infrastructure and almost are barred from producing ‘generno border control. There is thus a cry- ic’ versions of medicines, which are ing need for life-saving medical prod- more affordable but equally effecucts to be made both accessible and tive, thus condemning people to inexpensive. Yet, patents allow phar- death. It is absurd that firm execumaceutical manufacturers to exercise tives justify this whilst mona monopoly interest in developing and ey pours into their pockets. distributing the drug for a period of The argument that patents 20 years. This is incredibly inefficient, Quid quid latine dictum sit, altum sonatur.

product and place it in the public domain where others can profit from it even though they contributed nothing to its production. It is a core value of intellectual property rights that one is rewarded for one’s innovation, in turn precluding others from unjustifiably profiting from it. Secondly, the profits that are guaranteed by patenting are what make the entire process worthwhile. The pharmaceutical knows that the costs are justified.

The proof is in the pudding: consider how a cure for Ebola has not yet been produced because of insignificant potential profit yields. Essentially profit is what drives medical advancement, and to prescribe a different motivation would be to ignore the costs involved in pharmaceutical research.

finance research and development (R&D) is unconvincing. Research indicates that as profits from patents have increased, the allocation of funds to R&D has declined. Whilst it is undeniable that firms are driven by profits, it is obscene that this is done at the expense of lives! It is completely unacceptable to place vital medicine beyond the reach of millions of people who require it.

students eXercisinG statutory-BODY poweR: A MESSAGE FROM AN OUTGOING UCT SENATOR

BY ALEXANDER SPOOR

O

ur participatory democracy is unfolding before our eyes with chants of 'bring back the money', discredited commissions of inquiry and attacks on the standing of our public protector. The most senior members of the government appear complicit (if not outright liable) in the events at Marikana and a Parliament dominated by the executive sees a worrying trend towards state secrecy. We elected these individuals to govern - just like last week the student body elected a new Students Representative Council (SRC). WAe criticise government, but what role are we as students playing in creating systems of accountability at our own university?

The 17 member body of the SRC is, according to the Higher Education Act 101 of 1997 (HEA), the ‘highest decision making body’ for all students on campus. It is elected each year with students voting for individuals, not party representatives. This year 10 out of the 17 students elected ran under the banner of the Democratic Alliance Students Organisation (DASO). This resounding victory for the DASO is

in part attributable to the disintegration of its largest antagonist, the South African Students Congress (SASCO), essentially due to its noshow in this year’s elections. The win was marginal, with only 100 student votes setting DASO apart.

The securing of 10/17 places means DASO essentially controls the SRC. This control manifests itself in two respects: Firstly, it will appoint its people to the important roles of President and Secretary General. The President’s most significant power under the SRC is that she chairs all SRC meetings, a powerful procedural role, which largely dictates the format of meetings. The SG acts as the most senior administrative officer of the SRC and plays the critical role of co-ordinating SRC appointments to University committees. Secondly, decisions in the SRC in the absence of consensus are taken by majority vote.

The SRC Constitution provides mechanisms of holding the SRC accountable. These mechanisms include the weekly meeting by SRC members where they debate and take decisions; this internal dialogue is meant to promote accountability and transparency. Furthermore, the student body has the ability to force a public meeting by a petition of 500 persons to the SRC - with such meetings requiring a minimum of 500 persons - to bind the SRC to a decision which can be voted by simple majority. Such a meeting has not been held in recent times.

Next, and most importantly, there is the Student Parliament.

This body is made up of about 80 persons, 20 being SRC members, the rest are drawn from

several constituency based bodies such as the societies sector, the sports council, residence sector and development agencies on campus.

Students not within these constituencies may not be voting members of the Student Parliament, but may participate in debate. A 2/3rd majority of a sitting of the assembly may bind the SRC to a decision.

The Student Assembly sits once a month, whereby meetings can last in excess of 5 hours at a time. The sittings are often plagued by problems of reaching quorum, thus a 2/3rd vote on any issue is very rare.

The organisation at the SRC level determines how we exercise power in the committee system which governs UCT, set out in part in HEA. Here the 30 member Council (with 2 SRC appointees) is the supreme decision making body at the University. The next most significant body is Senate (100+ persons, majority being academics, and 6 SRC appointees) which accounts to Council for all academic and research matters. These two bodies have the power to create other committees which account to them. From this an interlinking-system of around 100 committees forms the governing system of all institutions of Higher Education.

The DASO led SRC will control student participation in both the SRC and this broader structure of governance in a rather absolute manner, given the weaknesses in student accountability mechanisms. The result, as in previous years, will likely be the appointment of DASO members and their affiliates to all of the most important committees on campus - at the

Anything said in Latin, sounds profound.

expense of possibly more qualified and competent individuals.

This has been standard practice for years. It is largely considered the 'right' of SRC members having gone through the political process to splatter their CV's with committee postings. The SRC does, however, pay lip-service to giving outside persons the opportunity to participate in the governance structures, as the SRC is empowered to appoint any student to a committee position. This is conducted as an internal process with people, linked to the group in power, submitting CV's and being adjudicated by an 'objective' panel. In reality though the process has never truly been opened up to the student body (I know, I used to run it).

Besides making participation in committees more accessible to students, the University has a great deal of work to do in bringing greater transparency and openness to its own operations. The University runs, what it calls, the ‘open governance’ system. This provides the minutes and composition of all ‘open’ committees of the university online. Whereas ‘closed’ committees protect privacy or other like issues, ‘open committees’ are only accessible to the SRC. Our highest decision-making body, Council, is a closed committee. Even the SRC sometimes struggles to access that information because anything ‘sensitive’ could be docked from the Council record. This practice is unacceptable and harkens back to a culture of secrecy found in the pre-democratic era. All committee documentation should be made available to all students on campus.

DASO has the opportunity now to act with very limited internal restrictions. It may either choose to agglomerate power to itself or embark on an expansive wave of empowering students. This must start with an open SRC commit-

tee allocations process, based on a meritocratic system with strengthened accountability mechanisms to ensure all of our appointed Senators, Councillors and other committee representatives are known to the student body, and their actions in said committees made public. The creation of a new model of organisation may take a leaf out of the book of the party ‘Direct Democracy’ whose SRC candidate was not elected. This model sees an elected representative directly accountable to any student on the campus through the power to vote directly on decisions this representative would need to take - a kind of continuous student parliament.

Resolution of our internal organisational problems will open us up to contribute in a meaningful way to how the University runs. Up to now, 20 years into democracy the student body has failed to organise itself. A weak and disorganised SRC links with a weak and atomised academic body, which plays into a domineering executive management structure.

Our academics are aware of the problems around the 'managerialisation' of the University. They do not however look at the student body as a credible partner for help. Crutially, acedemics and students must work harder to set the benchmark for democratic control of public institutions.

The road is open to the DASO to institute and experiment with radical organisational change.

Whether they will do so or are even competent to do so is another question. Few political parties would actively pursue a system which encourages the devolution of power to a wider base of students. We however do not vote for poQuid quid latine dictum sit, altum sonatur.

litical parties but for individuals at this institution. Each individual SRC member is sworn to uphold the principles of transparency, accountability, responsiveness and participation. That system currently

does not exist, it must be created.

The SRC is merely the statutory vehicle through which we students may exercise power. It is malleable and only limited by our imagination. If we as students cannot find ways to empower and organise ourselves at this institution, there is little hope for that better future that the Constitution so clearly commits us to pursue.

WHERE ARE OUR BLACK PROFESSORS?

BY KEVIN MINOFU

Twenty years

after the end of apartheid, it is trite to describe the status quo as deplorable. The question of why our faculty has not been able to transform is especially relevant considering the growing tumult over the lack of representation in the senior academic staff of the elite, former-white universities and the debate around the best ways to change that.

In a recent article, the Vice-Chancellor, Dr. Max Price, describes how the shockingly low-figures of South African black and coloured full-time professors (in 2012 there were 5 black male professors and 1 black female professor, as well as 4 coloured male and 1 coloured female professor) is largely a shared experience amongst the other former-white universities. In response to this article and Dr. Price’s claims that UCT was radically attempting to address the problem, a group of black academics at UCT responded to Dr. Price and chided him for his defensive attitude and his attempts to shift the blame away from UCT and onto the top salaries offered by the public and private sectors.

In the Law Faculty there are two black full professors, Prof. Chirwa and Prof. Himonga, who are, incidentally, citizens of Malawi and Zambia (respectively). Assoc. Prof.

Caroline Ncube is Zimbabwean.

Prof. Loretta Feris is the only coloured professor, while Assoc. Prof. Mohamed Paleker is the only coloured associate professor. This is out of a

bevy of 68 full-time academic positions in the Faculty. This figure is in stark contrast to the attorney’s profession where 34% of lawyers are black. A further comparison reveals that people from previously disadvantaged backgrounds made up 47% of the pool of equity partners at big corporate firms.

This is also juxtaposed with the relative proliferation of non-South African black academics. The relative success of this demographic may be attributed to the attractiveness of South African universities over their counterparts in other parts of the continent, as well as, the difficulty for foreign nationals to work as attorneys and advocates (due to strict bar council and immigration regulations) and even, perhaps, a longer history of black legal academic scholarship in those countries.

The pressure to work in other sectors of the profession, although strong on black candidates, does not explain why top-performing white candidates, under similarly enticing pressure, choose careers in academia. One may be that for a large proportion of our current academics – who would have considered themselves as progressives during apartheid – academia, especially at UCT, seemed to be one of the few respectable careers in a pernicious legal system. But in 2014, one of the reasons why academia does not seem appealing to black candidates may be the lack of cultural capita black candidates possess in what seems to be a cloistered and exclusive world. It is perhaps no coincidence that the Oxbridge-educated Private Law triumvirate of Prof. Fagan, Prof. Scott and

Dr. Price all come from families with established backgrounds in either the judiciary or academia.

In response, the Law Faculty has started initiatives such as the Academic Scholarship Programme that tries to target mainly non-white candidates interested in a career in academia to pursue Masters degrees at top universities overseas and begin teaching in the Faculty upon their return. Successful candidates from this programme include Ms. Lee-Ann Tong (University College London) and Ms. Salona Lutchman (New York University). However, the project which has had three cycles has lost candidates for personal and family reasons and the allure of positions at either other universities or law firms. Bar. Professor Schwikkard also notes that major recruitment efforts have gone into searching for candidates from previously disadvantaged backgrounds but the tenured position of professors means that turnover at this top-level is glacial in pace.

Perhaps the question that most of the efforts have avoided is the status of UCT as a ‘former’-white university. White students, aided by a markedly advantaged educational and economic background, still make up the majority of the students. Furthermore, white professors who sit on the UCT Senate – the body that ultimately chooses UCT’s admissions policy – are in the overwhelming majority. Perhaps more soul-searching is needed if we are going to have more black professors in charge of the land that is still overlooked by Rhodes’ beady eye.

Anything said in Latin, sounds profound.

WHAT KIND OF LAWYER IS KRAMER RAISING US TO BE? Corporate RESPONSIBILITY IN CORPORATION LAW

BY JAMIE-LEIGH BRANDES As an institution renowned for its academic fervour, the University of Cape Town and its Kramerian world are set the task of producing elite law graduates; the bulk of whom will go on to dominate the corporate world.

Given this context, Corporation Law as a course is undoubtedly one of the most important of all the compulsory courses. It sets out the framework in which many graduates will be employed and provides students with information about a world yet to be discovered. Bearing this in mind, and given the inherent competitive nature of the average law student at UCT, the question has been raised as to why ‘corporate responsibility and ethics’ has not been given greater focus in the curriculum.

The concept of corporate responsibility is one that has become increasingly intensified given various human rights violations linked to business activity. Whilst the list of incidents is endless, a few notable incidents are immediately brought to mind in this regard. The Dhaka Bangladesh fire in 2012, which saw the death of roughly 117 labourers in the manufacturing factory of a top clothing brand, was largely attributed to non-compliance with safety and labour standards. The Marikana Incident saw some 34 workers lost their lives due to police brutality, following tension between the mine companies and trade unions. And who could forget the BP oil spills off the Gulf of Mexico in 2010, which saw mass devastation to the environment and surrounding communities? These are just a few of the notable incidents in which corporations have been solely responsible for environmental, social and health-related tragedies.

The question has now become, to what extent are corporations to be held responsible for these tragedies?

Frequently debate arises on the extent to which corporations simultaneously run and ruin the world.

An illustration of this irony can be found in the setup of the United Nations Security Council: the top five states responsible for the security and protection of the global field of human rights and safety, are simultaneously the top grossing weapons manufacturers in the world.

As law students, the majority of us will end up seated in firms who represent these bigger corporations.

So why is it, given the mass influence that corporations undoubtedly have on world affairs, that we do not learn corporate ethics and responsibility at a university level?

The argument is a difficult one to make.

Ethics, as a concept, dictates what is right and wrong in given situations where morals versus other considerations, such as practicality or policy, come up against one another. The ‘Jurisprudence’ course highlights thisww tension—morals are often tricky to associate with the law and with choices in general.

Yet sometimes, morals are the only guiding factor in decision-making. In corporate law, companies are often faced with making ethical decisions in the face of pragmatic difficulties according to the best interests of the company; and there is often a difficult decision to be made insofar as benefitting the company goes, to the detriment of the environment or humanity.

The United Nations, in response to a call by Professor John Ruggie of Harvard University, has

Quid quid latine dictum sit, altum sonatur.

developed a set of guidelines to highlight the lack of active responsibility by corporations, and to promote such responsibility. The United Nations Guiding Principles on Business and Human Rights (UNGPs) provide a global standard in prevention and addressing human rights atrocities arising from business-related activities.

Given this call for increased corporate responsibility globally, and the call by the legal fraternity for an increase in the preparation of candidates for the legal field (see ‘AltumSonatur’ edition 3, ‘Four Years None the Richer: The Fate of the LLB) there is undoubtedly a need for law students to be introduced to a measure of corporate ethics and responsibility. However, given the condensed time period spent at university, and the setup of courses within the LLB curriculum, it is not an easy course to prioritize.

Luckily for UCT students, in addition to the compulsory ‘jurisprudence’ course which largely engages with morals and utilitarianism in the law, a course in Corporate Governance is offered at LLM level in which students are exposed to the ethics of corporations. Despite all of these considerations, UCT has undoubtedly set up its curriculum in a manner that promotes corporate ethics as an underlying value in general; despite not expressly setting aside a course in this regard.

Special thanks to Judge Dennis Davis and Jacqueline Yeats for their input in this article.

What is our struggle?

A reflection on UCT’s POLITICAL ACTIVISM

MATILDA NENGARE

UCT played an important role in the anti-apartheid movement. It provided a liberal platform for students who spoke out against the repressive regime; a think-tank for new ‘left’ ideas. It was the site of the very first ‘sit-ins’ and is an underrated case study on student radicalism. The National Union of South African Students, described by President Mandela as the ‘conscience of white South Africans, even during the darkest days…’ was based at UCT and was vocal and unwavering in its resistance efforts. Closer to home, Dullah Omar (an anti-apartheid lawyer, Constitutional Court Justice and Minister in the new dispensation) as well as the beloved Justice Albie Sachs are only two of the most prominent minds who wandered the Kramer corridors.

With the success of the liberation movements came a time for redress and building a society founded on equality and individual rights and freedoms.

The integration that followed has resulted in the erasure of the traditionally political universities and movements; the revolutionary sentiment and burning zeal settled into middle

class comfort and aspiration. Our generation is often characterised as flighty, flailing and desperately seeking a cause which to espouse. Where do we fit in? What do we fight for?

Who do we fight? To be scrupulously fair, due to the sacrifices of those who came before us, the problems and challenges we face today are not as immediately visible and loudly demanding as those faced during apartheid. Today, we have a democracy underwritten by the most celebrated Constitution in the world. What struggle do we have?

Yet worthy causes easily reveal themselves. Illegal demolitions of homes, refugee rights, abused children, violence against women, attacks on constitutional values and bodies and environmental degradation are just a few problems that plague South Africa today. Our true challenge is to unearth and appreciate these more nuanced social issues. It might require a little bravery; a willingness to boldly venture off the beaten track. It is up to each individual to decide what their legacy will be, where they will fight; if they will fight. Just as our revolutionary heroes found their cause and fought for it even to the point of death, so must we to define our path.

UCT is, and has always been a bastion of privilege. It is very easy to sink into complacent self-indulgence tucked away under our mountain. The impending entry into the real world

forces one to reconsider, re-evaluate. There are so many wrongs which we as privileged, learned people can adopt and fight for.

As law students, the race to secure articles at top firms begins early in our degree. The academic blinkers we have often drive us into a frenzy of fear and self-absorption. Whilst articles are admirable to strive for, don’t forget to reflect and do what really speaks to you. Money can always be made. Passion- it burns eternal. Our lecturers and Kramer alumni prove that there are a host of opportunities in academia, politics, international relations and public service - beyond the commercial world. As students of the top university in Africa, there is no shortage of brilliant legal minds. Surely, we can make a difference if we harness our excellence and work for more than simply securing our own privilege.

Make it meaningful and memorable. Steve Biko was merely 30 years old when he was murdered in detention. Yet he is immortalised for all he achieved in such a short life.

Imagine how much more we can achieve to fulfil the constitutional vision if we strive to look beyond our own comfort and security, in order to fight for the entrenchment of legality and social upliftment.

Anything said in Latin, sounds profound.

MOOT MADNESS “Sorry to interrupt counsel, but why is that valid?”

BY CHAD ECHAKOWITZ

“So, I have my moot on Monday, do you guys want to come watch?”

I say to my friends, eagerly wishing to show them what we law students do down on Middle Campus. “Sure.”

They reply, “It should be fun.” They could not have been more wrong.

I have never wondered what it would feel like to be under heavy fire, or what it feels like to be grilled like a steak - but that is precisely what happened to me during my moot in African Customary Law. My co-counsel and I walked into the beautiful, majestic O.R Tambo Moot Court, feeling proud that we have finally made it to this point: a defining moment in our legal career.

We set up and await the judges’ arrival. They walk in. We stand. They sit. We sit. We begin. They bludgeon us to death like wild barbarians.

I begin my argument and within the first two minutes the judges begin: “Now, sorry to interrupt counsel, but why did you raise that argument?”

“Now, sorry to interrupt counsel, but why is that valid?”

“Now, sorry to interrupt counsel, but how old is that source?”

Well, Justice, if you were tru-

Quid quid latine dictum sit, altum sonatur.

ly sorry for interrupting then why interrupt me every five seconds? Perhaps you were not sorry Thank goodness for my co-counsel. While the bench also attacked her viciously, she stood her ground, contending and disputing and refuting any statement or question thrown her way. While we both died a little due to the hailstorm of questions, we grew from the experience.

I would not have had my mooting experience happen in any other manner. As a friend recently said to me, “mooting is the most electrifying experience”. And he was right. It is exhilarating, nerve-racking, adrenaline-pumping but most of all it is fun. The mooting experience was the most exciting thing I have ever done in law school and I am extremely jealous of those who will be mooting in the future.

Just remember, even if you are attacked by questions for forty-five minutes, you will survive, you will enjoy it, and you will want to come back for more.

Beyond Graduation: Roads less travelled.

BY THANDIWE SEBOLETSWE What’s worse: having no social life just so that you can make it to final year; or reaching the mythical ‘final year’ only to realise you have no idea what to do after the graduation gown has been tucked into some dark corner of your closet? Step A, be calm! Despite the knowledge that final year brings, surprisingly enough, not all potential graduates know exactly what they plan to do once they obtain their LLB. One of the best advantages that comes with a law degree is that there is a range of doors that will suddenly open up for you and believe it or not these doors are not limited to only getting ‘signed’ or entering the bar. However, before this you will need to realise that despite the fact that a UCT LLB degree will look good on your CV, it is NOT your CV.

MASTER’S MAYBE? There has been a range of discussions coming from the world of South Africa law about how law LLB graduates seem to not be prepared to enter the work place.

This was one of the main reasons behind Wits University choosing to terminate their undergraduate 4 year LLB stream and replace it with a post-graduate LLB stream.

Apart from this, there is a need for any law student to set themselves apart when sending in those work applications, obtaining your masters is a way you can do this.

You could always choose to stay at the good and trusted Jules Kramer to complete your masters, which offers a range of courses in their general and specialised options.

Perhaps, however, you would like a different scenery and a completely new ‘vibe’. If this sounds like you, then maybe you should consider

what they call the epicentre of the South African economy in one of the best universities, Africa has to offer: the one and only Wits University Wits’ Oliver Schreiner School of Law separate its master’s program into those done by coursework and those done by research. Both streams require some form of research to be completed but those done by research is primarily meant for those individuals with the propensity towards individual research and therefore, has a higher admission requirement and accepts only a limited number of applicants. However, under their coursework category they also offer a postgraduate diploma in law which does not require as much vigorous amounts of research.Both streams can be completed either part time which will take a minimum of 2 years or full time which last a minimum of a year. The choice of courses is grouped under either specialisation (in which there is a prescribed set of courses) or the general field (which allows one to be more flexible as to

what courses they want to study).

If you don’t qualify for either of these two streams or are just not interested in having to deal with an extra year with a student budget, Wits also offers what they call the Mandela Institute Certificate Courses in which stand-alone subjects are taken which can be either for the purpose of later qualification into the main stream LLM streams, or it could be taken by individuals who primarily seek specific knowledge of certain courses.

School for Legal Practice: LEAD Not many people have heard about this, so in the spirit of breaking the stereotype that law students will not share anything because it may give someone else some sort of advantage, we will share this secret (I’m just kidding, don’t tell anyone… seriously). What is law school you ask? It was founded in 1990 and is what is called a ‘prac-

Anything said in Latin, sounds profound.

tical law school’, which reduces the required two years of articles for admission as an attorney into one year after completion of the programme and be eligible to write the Attorneys’ Admission Examination.

It aims to create a law firm environment where students get the practical legal skills required to deal with practice and the work environment after the programme.

It is a course which comprises of 4 modules course and takes up to 6 months for full time students or a year for part-time students. They offer day and night time hours, which all have their specific days.

anywhere between 6 months to a year. The programmes are similar in many respects but unfortunately, the foreign programme does not offer any payment or funding. For South Africans, applications close on the 31st of March of each year while the international programme is open all year.

One of the other opportunities presented by choosing this path is that it opens up the opportunity to apply for scholarships offered by the Constitutional Court for Court Clerks such as the Ismail Mahomed Fellowship and the Franklin Thomas Fellowship.

Clerk It! Ever wondered what goes on behind the scenes of a courtroom beyond the reach of the Gerrie Nel’s and Barry Roux’s? Where the decisions get made and the law gets moulded like the clay it is? Being a court clerk is one of the best ways you can gain more experience of how the court room works behind the stand, learn what exactly inspires judges to write 200 page judgments, improve your writing and research skills and the cherry on top get paid while doing it.

The Constitutional Court offers clerkship positions for LLB graduates which runs for a maximum of a year in Johannesburg. It is primarily meant to be a teaching experience for graduates, where your duties will primarily be working under a specific judge by assisting and conducting research for him/her. It is a convenient way in which you can improve your practical legal skills while getting a first-hand view of the law in action.

There are two programmes available, one for South Africans which runs for a year and the other for international students, which lasts

Non-Governmental Organisation If your passion lies more towards the human rights end of the legal spectrum, then perhaps you should consider gaining your experience at a law clinic or Non-Governmental Organisation. Your legal career after law school need not be limited only to the corporate firms. These range from Section27, Law Resources centre, Centre for Child Law and Equal Education.

Section 27 was launched in 2010 in Johannesburg and it incorporates the Aids Law Project. It is a public interest law centre with their focus primarily being on developing and promoting

Quid quid latine dictum sit, altum sonatur.

features

human rights such as health care, education and other socio-economic rights, which a lack thereof may impugn on the dignity of the less fortunate in South Africa while making it more difficult for them to reach their full potential. They do this through using various forms of legal routes such as advocacy, legal action and research. Therefore, offering practical legal experience to law graduates.

SLSJ teamed up with Section 27 to offer a fellowship opportunity to law graduates. It will run from January 2015 to December 2015 and is meant to give graduates an in depth experience with public law work. The duties of a fellow will range from offering administrative and logical support to the SLSJ national committee and conducting research on policy and legal aspects. For more information you can email them at info@section27.org.za or the SLSJ National Chairperson, Liat Davis, at chairperson.slsj@gmail.com.

The final step is a repeat of step A. You should be calm if you have not been signed yet and can’t even afford an Eat, Pray, Love trip to at least clear your mind after graduation. You are on your way to obtaining one of the best degrees offered at the best university in Africa; the opportunities are waiting for you.

ENSafrica writes for Altum: Life as a Candidate Attorney

BY DAISY FAKUDE

When we graduate from university, we leave behind everything that is familiar, comfortable and - in many ways - easy. After years of studying at UCT, many of us feel that we have mastered the art of being a law student. It’s mostly for that reason that starting out in the working world can be terrifying.

Practising law is very different to studying law. While theory is important, what clients and your principal will expect from you are practical solutions to the legal problems that the client is experiencing. Put differently: to properly identify your client’s problem without actually providing a solution will provide little, if any, assistance to your client. With my training at ENSafrica, I am learning to close this gap.

During the first few months of my articles, the best advice that my principal gave me was to ask questions and learn as much as possible. I quickly came to realise that while university provided the theoretical tools to understand law, I had very little exposure to the practical realities of law. As a result, during the first few months of articles, there was so much to learn and comprehend.

ENSafrica places a strong emphasis on training candidate attorneys because we are appointed with a view to being retained as associates, then moving up to become senior associates and ultimately directors of the firm. Candidate attorneys are placed in a specific team

within a department. Within this team structure, we receive ongoing ‘on-the-job’ training and mentoring from our principals, as well as exposuVVre to a variety of matters. ENSafrica also conducts an internal Practical Legal Training course, which is accredited by the Law Society of South Africa. In this way, candidate attorneys are trained by in-house practitioners who are experts in their respective areas of practice, as well as external experts where appropriate.

As the largest law firm in Africa, the firm has cultivated a reputation for legal excellence and as a candidate attorney you are exposed to some of the most in-

‘‘I had very little exposure to the practical realities of law.’’

teresting and complicated matters on the continent. It’s really exciting because everyone around you works as a team and shares your passion for the law and for finding innovative solutions for the clients.

As a candidate attorney in the insolvency department, I spend a large portion of my time at court issuing papers and attending hearings in Fourth Division or Motion Court. I attend consultations with clients and I’ve had the opportunity to draft summonses, particulars of claim, affidavits, opinions and letters of demand.

My friends who are still studying often ask if I live at the office. The truth is that as a

candidate attorney you are going to work long hours, particularly at the beginning of your articles because it will take you a lot longer to finish the tasks that your principa l has given you.

The long hours are not peculiar to ENSafrica, but rather the nature of the profession that we have all studied towards. If you are passionate about what you do, the long hours are not burdensome.

In the end, it’s about balance. While it’s important to work hard, it’s equally important to have a life. At ENSafrica, we are all encouraged to be well-rounded. There are various activities that you can sign up for like the Gun Run, Argus Cycle Tour, Two Oceans Marathon and the Big Walk.

I play for the ENSafrica netball team.

Practitioners and their families also go on relaxing retreats every year and this is also a good way to meet your colleagues from other offices and even other countries. A daily highlight is our restaurant, where we can enjoy delicious breakfasts, lunches and suppers.

While there is a huge gap between life as a student and life as a candidate attorney, your experience is determined by your attitude to the challenges that you face. The first few months are the toughest because you will feel like a fish out of water. The great thing about ENSafrica, however, is that you really feel welcome and that no one expects you to know everything when you start working. The only thing that’s expected of you is to work hard and to learn as much as possible because in the end that is what your articles are for. I’m making the most of it!

Anything said in Latin, sounds profound.

Earth Shattering, Life Changing & Rump Shaking:

Final Year Dance

BY DAN ISAACSON

It’s quite difficult to recognise a defining moment of your life in real time, right as it unfolds before you. Normally, it’s only in hindsight that you look back on that event and think: “Wow! that was certainly a defining moment of my life”. Examples include when you lost your first tooth, your first day of school, the first argument you won (if you’re Prof Fagan) and so the list goes… A few evenings ago, a defining moment was shared in the lives of the final year class of 2014. It happened at the final year dance, and it was glorious.

The venue looked great, everyone looked good (turns out we clean up pretty well), the food was delicious and the speeches left everyone thoroughly entertained. The dance was drawing to a close and we found ourselves on the dance floor, meticulously following Snoop Dogg’s instructions to “wiggle wiggle wiggle” (although some of us looked more like wet Snoop Dogg’s trying to dry off). The next song to come on was “We’re Up All Night to Get Lucky”. Quite suddenly a crowd had formed on the dance floor and was growing quickly. Working my way to the front, I saw something that was to Quid quid latine dictum sit, altum sonatur.

irreparably change most of our young lives. Front and centre was the one and only Professor Hutchison a.k.a “Papa Hutch” a.k.a “the Godfather”. He was whipping the crowd into a frenzy as he methodically proved that his hips do not lie. Everybody cheered, I’m sure I saw a few people crying and someone definitely started ululating.

In the majesty of that moment I looked around and saw the thought shared in the tearful eyes of my final year colleagues. For one of the first times we knew, in real time, that we were witnessing a life defining moment.

As one class we recognised the Godfather breaking i t down was the culmination of an incredible evening that was the culmination of a hard won degree.

None of us will ever forget it.

vvvv

HUMANS O

Have you ever wondered what people think about law students?

For this edition Savvas Christodoulou and Caitlin Le Roith went around Kramer asking what staff and students find most annoying about law students:

Faiza Mohamed: I really get annoyed when students collect their essays. It takes so long to get them in alphabetical order and they just mix things up, some even leave them on the floor.

Andrew Giliam: Law students complain too much! A lot of people are very pessimistic about their studies and they look at the worst in everything instead of focussing on what they enjoy.

Leah Anthony: We don’t find law students annoying, it’s the ones from upper campus that annoy us…they’re too rowdy!

Akua Danso: I find it annoying that we can and sometimes do over-analyse everything…because we can. Like if you have an admin oral and you over-analyse everything you said and didn’t say.

Lisa de Waal: What annoys me most about myself is just how stressed I get about everything, but this isn’t necessarily a negative trait, it can be positive sometimes.

Anything said in Latin, sounds profound.

OF KRAMER Anton Fagan: I generally don’t get annoyed. But I do worry that partly

how we teach in the faculty and also the general context in which students find themselves pushes them to an instrumentalist conception of life. This discourages students from doing things that are inherently valuable. For example, some students view year marks as more important than the actual ideas being discussed.

Mzuxolile Sibetyu: I find it annoying when students ask for favours when they forget their student cards. They should respect my job: no student card = no access!

Nikki Campbell: I love the students;

they’re the best part of my job. I have huge respect for them. Law is a tough degree because you have to be hard working which I find admirable. So, if anything, it’s the slackers who annoy me: when the hand in late and come up with excuses.

Law is for students who work hard!

Raymond: I find it annoying when lecturers tell students that their material is available from the printing room when it’s actually not. It happens about five or six times a semester and some students are hyper, they want their stuff, like, REALLY want their stuff.

Elcardo Jansen: Where do I begin!? [long pause]…ok, one thing that really annoys me is when I have to clean dirty toilets! Students just throw things on the floors and I have to pick up after them. Agh!

Quid quid latine dictum sit, altum sonatur.

PRELIM A: BY EMMA JOHANNES day, we must pay careful attention to what I like to think that clothing we wear (I’ll explain why later). the mind of a law My best and “worst” class is actualstudent is like a ly one and the same: Foundations of computer that has SouthAfrican Law with Hugh Corder. thirty tabs open at It is absolutely the best class because the same time. If Corder is an academic rockstar and ordinary folk could speaks lyrically and movingly regardsee inside our ing Legal Culture and Justice and the brains for a jiffy, Rule of Law, and integrates remarkable they would probably scream, hit “close anecdotes in addition to what he teaches. all tabs” and do some relaxation yoga.

For example: that Judge Oliver Schreiner This is because us Prelim law students not was related to South African writer Olonly have to wake up for ghastly 8am’s alive Schreiner, and reading us a personal most every morning, but if we are to be letter written by the wife of Reverend attending a lecture of Hugh Corder’s that Bill in the case of State President v Bill.

Prelim B: BY ANDREW HANSEN In Prelim A, we have had the privilege of being exposed to many wonderful lecturers covering an interesting range of topics. I would have to say my favourite classes have been with Hugh Corder as his lectures were particularly insightful and he engaged with the class constantly. All in all, here is my view on the year so far: Your first year of law is a year of many firsts and so the dynamics of the class are naturally a bit tentative. We all fall under the banner that is ‘Prelim A’, but from the outset, it becomes evident that you should “know your stream” and know where you fit in the great map of LT1.

First, we have the post-grads. You know them, that one kid that everyone hopes will break the silence in your FSAL tut, or the group that always offers those ridiculously insightful questions – unmistakeably post-grad. The front rows of LT1 are their domain; that terrifying region where none of the rest dare to venture.

I could say that it is the “worst” for some people, because in Corder’s classes, even those who sit in the shadowy nooks of LT1, are not safe. Corder poses various questions to the class and if you happen to be wearing a garish red beanie or possess a Barbie-pink laptop – you are in the line of fire: Corder’s keen eye will catch you and you will be asked a question.

Despite the mild panic attacks one may experience when realising that one is wearing a particularly decorative Christmas jersey to class, it keeps one on one’s toes, as one should always be in the Hunger Games arena that is known as the Kramer Law building.

IN CL

Next we have the combined streamers. Arguably the greatest people you will ever meet (insert bias objection here). Combined stream students form a tightly-knit pack, sitting in little clusters right in the middle of the lecture theatre. Perhaps it’s because we fear those whispers from the corners, “you know they’re not even really in this faculty.” We find safety in numbers. I’m waiting for that fateful Mean Girls-esque declaration “they don’t even go here!”

Lastly, we find the first years, shame, what a preppy bunch. The first years find themselves interspersed throughout LT1, although mostly seeking refuge in the back row, always looking overcome by wonder in true first year fashion.

One last thing: There is a strange and mysterious region of LT1 known only as ‘The Standing Section’. A row of desks right at the back of the lecture

theatre with not a single seat. No one knows it’s origin. No one knows it’s purpose. But as Mufasa would rightly put it: “You must never go there Simba!”

Anything said in Latin, sounds profound.

FINAL YEAR: BY NICHOLAS MEYER Best: Cession I do not understand how this is not a required course and I sincerely urge final year students to choose this as an elective. In practice, it is bound to be something you encounter on a regular basis. Monday mornings were always brightened by Hutch senior’s general brilliance and adamant condemnation of Susan Scott’s wayward ways. Despite a certain unnamed class member’s best efforts to have the discussions meander into abstract hypothetical situations, Hutch always anchored and engaged us. Cession was briefly glossed over in Commercial Transactions, but Hutch Junior did not have the time to bring about the kind of understanding of this area

LASS

When I was about ten years old I e convinced my little brother (aged seven) that my parents agreed to give me half t of the family swimming pool –inci” dentally, I had the better half with less leaves and insects. Twelve years later, my wicked ingenuity was fleshed out in what came to be my best and worst law courses at UCT. WORST:Property Law. The subject which has earned itself the reputation as the dreaded Kramerian Mordor through which anxious Prelim Years must crawl (Professor Mosterts’s statistics and charts tell all). To me, the fascinating thing is that the subject material wasn’t the problem - ownership, possession, servitudes, neighbour

of law that most of us will need if we choose to practice law. I was delighted when I was asked a cession question during the dreaded IAP orals – those who had not done the course were flustered, but I felt more than prepared. I think I’ll be grateful for this grounding if I ever do get articles!

tent he was trying to impart. Wading through the endless rules of court and tedious drafting of letters of demand, as well as contending with his onslaught of emails all became deeply taxing. Furthermore his banning of the semi-colon in assignments frankly outraged me! I am very fond of this punctuation mark; isn’t it Worst: Civil Procedure gorgeous? ;) Not even Professor Paleker’s ani- Her Royal Highness, your reigning mated use of Postman Pat figurines Prom Queen for to illustrate his points could redeem 2014 (as voted by the this inherently dry course. He should final years) be commended for his enthusiasm – constructing elaborate scenarios involving Granny Dryden’s misfortunes and Pat’s black and white cat, acting these out with his prized collection of action figures (it is admittedly endearing that he has these and chose to share this with us). However, I still never came close to grasping the conINTERMEDIATE:

BY JESSI-

CA BURN

law…all interesting and crucial in law and acquiring swimming-pool-halves.

It was my worst subject because it caught me off guard, shook my nerve and made me feel somewhat inadequate for a while. In the June test, about 80% of my class failed and most of us didn’t see it coming. More bizarre is that on receiving my test back and reading through the answers I had scrawled down in that given hour or so, I thought – surely this isn’t too shabby? However, that was just it, “not too shabby” wouldn’t cut it.

BEST: Contract LaW. Four 8 o’clock lectures a week, a full house and Dale Hutchison. And why you ask? It’s the headliner who draws me into LT2 in the early hours. I fully endorse Hutchinson’s mantra: if the law can’t be explained to the person on the street, then it is not fully understood.

Quid quid latine dictum sit, altum sonatur.

His extensive knowledge of case law (spicy facts included), legal history, law of foreign jurisdictions and J.C. de Wet’s offerings is delivered eloquently with the aid of a few chalk diagrams - call me old-fashioned but that’s the way to do it.

Lecture experience aside, I love seeing how my other courses connect with Contract, particularly how the Constitution (Con Law was another favourite) is permeating into and altering judicial interpretation of contracts: how good faith and fairness can outweigh pacta sunt servanda but let’s just say I’m lucky my brother’s studying Engineering and not Law.

KRAMER SPEEDY CROSSWORD

Anything said in Latin, sounds profound.

MEET THE NEW TEAM

Ebrahim Shaikh Secretary-General Stefanie Busch Editor-in-Chief Savvas Christodoulou Deputy Editor-in-Chief

Belinda Hlatshwayo Copy Editor

Caitlin Le Roith Images Editor Erin Goliath Social Media & Marketing Maeve MacGlinchey Treasurer

Sithable Kuuya Layout & Design

Prashanti Ramnanan Senior Editor Mary Jiyani Senior Editor

Alexandra Swanepoel Senior Editor Alexander Friedmann Senior Editor

Edshed Cohen Current Affairs Editor Ruva Samkange Features Editor

Thandiwe Seboletswe Features Editor

Quid quid latine dictum sit, altum sonatur.

Kneo Mokgopa Current Affairs Editor