Altum Sonatur: New School

Altum Sonatur New Beginnings

Vol 7, Issue 4

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EDITOR’S CORNER: NEW BEGINNINGS DECOLONISING BLACK HAIR

FOR YOUR EYES ONLY: REVENGE PORN

CRIMINALISATION OF SEX WORKERS: THE GHOST OF S

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INSOURCING AT UCT: NOT THE END OF THE ROAD TOWARDS FAIRER WORKING CONDITIONS MOAGI’S MOTHER CONTINUES TO BUILD SUCCESS

Editor’s Corner

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LIFE AFTER LAW SCHOOL

THE GOVERNANCE CONSTRUCT APPLICABLE TO COMPANIES OUTSIDE OF BUSINESS RESCUE

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NORTON ROSE FULBRIGHT: LAW IN THE TECHNOLOGICAL DISPENSATION LSC REPORT BACK

FROM THE DEAN’S DESK: CHALLENGES AND OPPORTUNITIES FOR TRAINING THE NEXT GENERATION OF LEGAL PROFESSIONALS

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oth in a literal and figurative sense, 2016 has seen the igniting and questioning of ideologies, binaries,

institutions and traditions. Regardless of your political stance, I think that most of us can agree that we are in the midst of an historical moment. Things are changing, and with that change comes new beginnings.

This term, Altum has been split into two parts: Old School and New Beginnings. Old School, put together by the wonderful and dedicated 2016 Committee, explored, interrogated and questioned how old institutions and structures impact law today. New Beginnings, put together by the incoming 2017 Committee, looks towards the future and the changes taking place in our lives and the law.

Putting together Part II has been both exciting and daunting. Prashanti Ramnanan, the 2016 Editor-inChief, has left big shoes to fill! Thankfully, I am blessed with a creative, enthusiastic and hard-working team, without whom this edition would have been impossible. I’m very excited to see what the new year will hold for Altum and am looking forward to putting into action some of the wonderful ideas that the new Committee has brought to the table. This edition is, in a sense, our own new beginning.

New Beginnings contemplates the future, its different manifestations, and what it means to different people.

When I think of new beginnings, I think of a new dawn, a new day, and a new life… for me. Oh wait, that’s a classic jazz tune, isn’t it? Never mind. Perhaps the theme is best personified by the emergence of new life: a tiny infant, being thrust out into the world, with plump limbs, full cheeks and a baby-stare of perennial wonder.

For others, a new beginning might mean the final emergence from the Kramerian cocoon into the wide and unsuspecting world. For others still, a new beginning might point towards the changing and dismantling of old structures, like school rules, which are rooted in misogyny, racism and cis-heterosexism. Perhaps a new beginning looks like a phoenix emerging from the ashes of archaic doctrinal practices. Or maybe a new beginning points towards the need for new laws and legal concepts as the modern world changes and expands, and the law struggles to keep up.

With that said, and however it may be that you see your new beginning, I hope this edition of Altum leaves you, ahem, feeling good. To the 2016 Committee: thank you, and farewell! To all the undergraduates: good luck with exams! And to all the final years: go forth and flourish. Your new beginning has only just begun.

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Zinhle Novazi

DECOLONISING

BLACK HAIR he history of black Africans is one of survivors of

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systematic and deliberate oppression; it is a history that was interrupted by colonization. In many ways this resulted in an African identity characterized by “a refusal mentality”. One manifestation of this identity is the refusal of many black women to be seen as barbaric for having natural hair. When one tries to assert one’s identity as a black woman, one is already facing struggle. For how can a black woman assert her identity when her history has been contorted not only by whiteness but by black masculinities, too?

As a result of the events which occurred at Pretoria High

School for Girls and the social media uproar that followed, we have recently been urged to engage in a critical analysis of the treatment of black women’s identities in South Africa. The hair policy at Pretoria High School for Girls has severe racist undertones that seek to erode the identity of black pupils. It seems that the cost of integration in former Model C schools is borne by black students, in the form of indirect unfair discrimination and the undermining of their dignity. One might question why schools’ codes of conduct are functioning independent from the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA). In the new constitutional

dispensation, school rules that directly or indirectly unfairly discriminate against students on the basis of race cannot be tolerated.

Generally, school codes of conduct which standardize certain norms and expectations in the schooling environment employ a formal equality approach. At most former Model C and private schools, rules regulating hair apply across the board to all students, without taking into account the discriminatory consequences of applying an objective criterion of what constitutes ‘neat hair’. Such school rules perpetuate past unfair discrimination which has ongoing negative consequences for black students.

Here we should be reminded of the Constitutional Court’s judgment in MEC of Education: Kwa-Zulu Natal and Others v Pillay. In that case, the Court emphasised that school codes of conduct can actually entrench and enforce mainstream and historically privileged practices.

The norms of culturally dominant group are depicted as ‘neutral’ and applied to all. This has the effect of excluding marginalised groups.

School codes of conduct should instead adopt a substantive approach to equality. For example, rules regulating hair should take into account subjective factors, such as the fact that black hair worn in its natural form is fundamentally different to white hair. To implement a substantive approach to equality guarantees a better outcome for all students because it allows for a variation of the term ‘neat hair’ which is both inclusive and non-discriminatory. This would be in accordance with the precedent set in President of RSA v Hugo, which acknowledged that a formal understanding of equality often neglects commitments to the Constitution, as opposed to a substantive conception of equality, which supports a purposive interpretation of Section 9 and promotes the core values of the Constitution.

When a school engages in differential treatment of black students because their hair does not meet the school’s conception of neat hair (a conception which is usually Eurocentric), it is not only demeaning but it also creates an inferiority complex. This is because the discrimination is based on immutable biological characteristics that are intrinsic to who students are as individuals. An afro is a particular hair type that is unique to black people: it is not a hair ‘style’, and to categorise it as such is highly problematic.

It is vital to consider the importance of hair to self-identity, and particularly to the identity of African women. Black hair has always been political; the more one engages in the politics of black hair, the more one realizes just how exhausting it is to be a black woman. The question I have to ask myself as a black woman is whether hair can simply be treated as an accessory that can be worn in different ways, or rather, is hair something that is so intrinsic to African identity that it should only be worn in its natural form? There are two sides to this debate. Advocators of natural hair will often argue that wearing hair naturally is fundamental to being African. Authors such as Chimamanda Ngozi Adichie have in the past stated that “relaxing your hair is like being in prison. You’re caged in.

Your hair rules you. You’re always battling to make your hair do what it wasn’t meant to do”. However, what about women who prefer to relax their hair and wear weaves?

Are they less African simply because they treat their hair as an accessory that can be worn in different ways and enjoy doing so? Surely black women should be given the choice to express themselves through their hair, whether it is relaxed, braided or natural?

The negative consequence of not allowing women to choose how they wear their own hair is that it reproduces the cycle of policing black women’s bodies. A school code of conduct or community that denies women the right to choose how to wear their hair degrades and devalues black women in society. This constitutes a palpable invasion of black women’s dignity, a denial of their intrinsic worth as human beings and a rejection of their right to exercise their autonomy. Whichever side of the debate you fall on, it is important to be cognisant of the fact that standards of appearance become problematic when beauty is only perceived and defined through a Western lens that renders blackness the antithesis of beauty.

For far too long, black women have been pressured into subjecting themselves to the global normative yardstick of beauty based on a Eurocentric standard. Many argue that the continuation of a Eurocentric standard of beauty is still visible today, through the increasing demand for weaves in black communities. They point to the fact that the weave industry is growing at a rapid rate as an indication that black women still have to prove that they can make their blackness look ‘sophisticated’ or ‘professional’ in order to be taken seriously.

Black femininity has always been constructed in relation to white heteronormative femininity. This social discourse has contributed to the exclusion of black women, especially when beauty and desirability are concerned. As a result, for many years, having dark skin, natural hair and being voluptuous was devalued; and having light skin, fair hair and a thinner body was favoured. The concept of achieving ‘good hair’ for black women has always been located in approximation to the qualities of white women’s hair. This is a direct result of colonial racial discourse. It is time for this discourse to stop.

The rise of the brave young black women at Pretoria Girls demonstrates that there is a strong resistance towards the colonial spirit in the new generation, and a move towards decolonising not only our institutions but ourselves.

Moreover, there is an awakening within black millennials which demonstrates a discontentment with disparities based on racist ideologies that celebrate various forms of discrimination. There is a clear manifestation of black consciousness and black empowerment among younger generations. Gone are the days of being ‘old enough’ or ‘educated enough’ to challenge the system. Could this be the rise of the generation envisaged by the Bikos and Ngoyi’s?

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for your eyes only Revenge Porn Nigel T. Patel

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single click can make you either the victim or perpetrator of revenge porn. Revenge porn is understood as the sharing of private, sexually explicit material of an individual or individuals, without their consent. This harmful act currently has no specific legislation pertaining to it. However, the Film and Publications Amendment Bill proposed to Parliament during August could soon see the provision of a legislated course of action against perpetrators of revenge porn.

A clear legislated position against revenge porn is one that should be widely supported, particularly by those of us who identify as feminists. It has been shown globally that revenge porn disproportionately affects those gendered as women and non-conforming. This speaks to a patriarchal practice that views anything outside of what is perceived as a man’s body, as being a public object. This practice strips away the bodily autonomy of marginalized individuals.

As it stands, victims of revenge porn are only protected in terms of the common law. They can either sue the perpetrator for infringing their right to privacy, or they can go to the police and lay a criminal charge of crimen injuria. However, neither of these common law solutions are robust enough to deal with this relatively new territory that is being expanded by modern technology, such as the smart phone.

This is particularly due to the fact that if a victim takes legal action under the common law, they lack certain protection.

Suing for infringement of privacy, for example, does not necessarily afford anonymity. This can aggravate the harm an individual has to face as a result of the increased exposure that is a potential consequence of initiating legal proceedings. Furthermore, crimen injuria requires the intentional impairing of the dignity or privacy of another person. So, as revenge porn is shared by different people, each person’s liability decreases, making it particularly difficult to charge anyone other than the initial perpetrator.

Hence, the legislative move to regulate this aspect of the technological world in order to protect victims of revenge porn should be welcomed.

Emma Sadlier, a lawyer who specialises in social media law, presented a submission during the public hearings in Parliament on the Films and Publications Amendment Bill. Among the different submissions raised was the

contention that revenge porn is not homogeneous. In making the case that ‘intention to cause distress’ ought not to be a necessary legislative requirement in order to lay charges, the growing sub-culture of boast porn was raised.

Similar to revenge porn, boast porn is the non-consensual posting of sexually explicit material of a person; however, it is done with the intention to show-off rather than to be retributive. Nevertheless, despite the differing intention, the act itself constitutes harm to the victim. Yet, the common law does not provide adequate protection against harm arising from boast porn. Thus, it was suggested that the charge be based on the contextualized circumstances which led to the violation of the sexual integrity or dignity of the individual.

An undoubtedly important submission, including this change in the Bill would result in a stricter state response towards revenge porn. The criminal nature of the act would be based on its non-consensual nature, regardless of intention, and so treat the offense as a form of sexual violence, as it should be. The legislative measures against revenge porn are also likely to discourage these and other acts which feed into the culture whereby sexual violence is normalized, particularly against women and gender non-conforming bodies. Moreover, it marks a move in conversation towards the recognition that consent is not infinite. That is, if one consents to documenting a private activity, that does not mean that one consents to it being publicly shared.

So, as the Bill makes its way through the various procedures required in order for it to be passed as law, we must implore Parliament to give considerable weight to the submissions made on the revenge porn provisions.

Revenge porn, regardless of the intention behind it, is an abusive and anti-feminist action. In effectively legislating against it, Parliament would be demonstrating its serious commitment to tackle violence against marginalized groups. As feminists, we need to keep striving to create a legal framework that, at its core, protects victims and ensures a decrease in these violations. Knowing that we have a successful course of legislative action against revenge porn would also undoubtedly allow the smartphone generation of UCT to sleep a little easier.

CRIMINALISATION OF SEX WORKERS: THE GHOST OF

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n the 8th of September, the Sex Workers Education and Advocacy Taskforce (S.W.E.A.T), in collaboration with the Black Law Students Forum (BLSF), held a discussion on the decriminalisation of sex work in South Africa. It was well-attended and highly informative, especially as it concerned an area of law that we as students are not often exposed to, noting the exception of the Jordan case. S.W.E.A.T representative Nosipho Vidima, a sex worker herself, provided a thorough explanation of what the organisation is fighting for, and why its work is important. This was followed by a robust Q&A session.

In S v Jordan, the majority of the Constitutional Court held that the provisions criminalising prostitution in the Sexual Offences Act were valid. The minority, however, found that the provision criminalizing prostitution constituted unfair discrimination: by making the prostitute the primary offender and regarding the patron at most as an accomplice, the law reinforces double standards of sexuality, and perpetuates gender stereotypes in a manner impermissible in a society committed to advancing gender equality.

Criminalisation, decriminalisation and legalisation: which approach to take?

Sex work and all related acts are currently criminalised in South Africa. Criminalisation is a position that deems sex work illegal. The criminalisation of sex work has taken a heavy toll on sex workers. The consequences of this include rape and sexual violence at the hands of not only clients, but also the police. It has been said that the probability of a sex worker being raped during an encounter with a client is 1 in 10 – a shocking statistic.

Nosipho Vidima explained that sex workers do not go to the police to report an assault as this would amount to them turning themselves in for sex work. When sex workers do report instances of sexual violence, police officers often do not take sex worker complaints seriously, and sometimes are the very perpetrators of violence against them.

Nosipho gave us an example of how a well-known police officer in the Eastern Cape, who was known to be HIV positive, would rape sex workers at his own discretion.

Criminalisation furthermore contributes to sex workers’ isolation in society. For example, as sex workers cannot produce salary statements, it is impossible for them to access loans from financial institutions, and makes it very difficult to enroll their children in schools. The stigma surrounding

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Lynn Lyoba

sex workers within the community also encourages human trafficking. Since sex work is generally seen as taboo, in order to have a steady stream of sex workers, underage girls are often kidnapped and forced into prostitution.

Legalisation, as opposed to criminalisation, refers to jurisdictions in which sex work is controlled by government and is legal, but only under certain conditions and constraints. It recognises sex work regulation as necessary for the stability of the social order, and for the protection of public order and health. Regulations are often in the form of permits and licenses. Criminal penalties can thus be imposed on sex workers who do not possess the required licenses necessary for them to carry on with their work.

S.W.E.A.T, in collaboration with other organisations in South Africa, is aiming to bring about the decriminalisation of sex work. Jurisdictions which opt for legalisation make a distinction between voluntary sex work, and coerced sex work and child sex work, as these would remain criminal offences. With this approach, sex workers would have protection under labour law and would be able to set up trade unions for themselves. They would have access to financial services and loans from banks, and would also have increased access to hospitals as well as private schooling for their children, through the provision of proof of employment and other such documents.

Has Decriminalisation Worked in other countries?

In New Zealand for example, the crime and violence rates between the buyers and sellers decreased as a result of legislation. In addition, the HIV transmission rates decreased, and brothels were much better regulated and less dangerous for sex workers to operate in. Decriminalisation has provided for self-regulation, safer access to clients and better working environments.

Concluding Remarks: South African democracy is premised on foundational rights expressed with clarity and force in the Constitution.

These rights protect all who live in the country, including sex workers. Decriminalisation will realise sex workers’ rights to free choice of work, to form unions and challenge unfair labour conditions, to freedom from discrimination, and to bodily and psychological integrity. Most importantly, decriminalisation will preserve sex workers’ fundamental right to human dignity.

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Insourcing at UCT: Not the end of the road towards fairer working conditions

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everal successes resulted from the extensive protest action at UCT in 2015, which took place in the name of decolonizing institutions of higher learning, free education, and finding alternatives to oppression and exploitation in everyday life. However, the most substantive triumph was arguably the eventual agreement to insource workers, signed on the 28th of October 2015, between University Management and the National Education, Health and Allied Workers Union (NEHAWU). On the 1st of July 2016 the agreement was realised as approximately 1000 employees who were previously contracted to UCT

by TurfWorks, G4S, Sibanye, Metro Cleaning Services, Supercare and C3 Food Services were officially insourced and formally became employees of the university.

UCT’s insourcing process followed Section 197 of the Labour Relations Act of 1995 (“the LRA”). Section 197 deals with the transfer of contracts of employment and applies to situations in which there is a transfer of a business by one employer (the old employer) to another employer (the new employer). The section provides several rules that must be followed if such a transfer of business is to occur.

Notably, section 197(3) states that the new employer must employ the transferred employees on terms and conditions that are on the whole not less favourable for employees than those under which they were employed by the old employer. In addition to complying with this section, UCT undertook to address other principles of insourcing, namely defining job categories, and providing employee compensation and benefits. This was an attempt to combat many of the issues that caused workers’ grievances under their old employment contracts.

Has this new beginning for workers, after more than two decades of outsourcing and exploitation, genuinely changed conditions on the ground? To answer this we must interrogate whether both tenets of the End Outsourcing project were met – that is, have the demands for (a) better wages and (b) better working conditions been realised? A few employees who have been insourced and who work in and around Kramer were interviewed to get an idea of the lived experiences of the workers with regards to the successes and potential failures of insourcing. They do not speak for all workers, but in their individual capacity, and requested anonymity. This article simply aims to articulate their grievances, and serves as a springboard for further discussions on the successes and shortfalls of insourcing.

Successes: One of the core issues in the struggle for insourcing was low wages and the decommodification of labour. The workers accused companies of paying wages that barely amounted to a living wage. This had been the case for a number of years. Since insourcing has taken place, wages

Natasha Dusabe have increased for all workers. For example, certain employees previously contracted by SuperCare earned R4600 p/m when outsourced, but that amount has now increased to R7700 p/m (after deductions). Workers previously employed by G4S now earn R10 000 p/m (excluding medical aid deductions scheduled to take place from the month of September). Even though some concerns were expressed surrounding a lack of clarity regarding salaries and deductions, the increase in wages makes a real difference for employees and their families.

Insourced workers now also have pension funds and some workers were automatically put on medical aid schemes while others were given the choice to have medical aid allocations deducted from their salaries.

Complications: However, despite the increase in wages and benefits, it appears that insourcing fails to deal with the issues which link chiefly to the second tenet of the End Outsourcing Movement – working conditions.

A trend evident from speaking to employees around Kramer is that the transfer of management teams to UCT employment has led to the continuity of poor working conditions. Managers and management teams were employed over the years by outsourcing companies to facilitate the running of day-to-day business. According to a former SuperCare employee, the managers in the cleaning services continue to force employees to work more than the stipulated 37 hours a UCT employee is required to work, and refuse to provide clear job descriptions. The employee further explained that issues of health and safety have not been addressed since the workers have been insourced – particularly for cleaning staff who have been complaining about working with dangerous chemicals and often get ill as a result. Furthermore, the employee believes that issues of corruption and theft continue as they did under the employment of SuperCare.

Two campus security employees previously employed

by G4S provided me with an insight into their personal experiences of being insourced and explained that it is not at all what they expected. They shared complaints with regards to safety. Members of campus security are expected to escort students around after dark between and around campuses. However, they continue to have no resources with which to adequately protect the students they escort and themselves. They are only given a radio, and have no other equipment with which they could ward off an armed perpetrator or a group of perpetrators late at night. They shared a story in which an individual was robbed by four men, two of them armed, on Lover’s Walk on middle campus. This incident, along with the general rise of crime around UCT, increases the fear they have for

their own lives and for the wellbeing of students. They presumed that with UCT as their new employer, such serious complaints would be addressed. They had hoped that they would perhaps be provided with taser guns or batons to protect students and themselves (it must be noted, though, that the lack of equipment is likely due to strict regulations by the Private Security Regulatory Authority). Nevertheless, these workers clearly feel they have not been adequately equipped for the work that they do. Furthermore, they explained that since insourcing took effect, the mobile security units stationed around lower and middle campus were taken by G4S, and are yet to be replaced, making campus security less visible and students less safe. This is concerning to them.

Additional concerns brought to light include the lack of clarity of the new payslips which allegedly do not include key information. One worker said that ‘the payslips are deliberately confusing and complicated’. He went on to explain that a major South African bank refused his payslip because of its severe lack of clarity. When he raised the issue with human resources, he was assured that the problem was being fixed – however, it has been over a month since that event. Two campus security workers further complained that there is a big pay gap between managers and the rest of the workers – the pay gap used to be approximately R5000 when workers were outsourced, and it has now risen to R13 000 in the campus security sector. I formed the impression that some workers feel a strong sense of distrust for their management teams, and the university’s relationship with the management. One employee said that ‘our uniforms may have changed, but in regards to working conditions, everything is still exactly the same’.

The link between the continued employment of management, and the preservation of poor working conditions, is a complex one. According section 197(2) (a) of the LRA, the new employer is required to take on all the employment contracts of the old employer.

Further, section 197(2)(b) requires that all the rights and obligations between the old employer and employee at the time of transfer continue as if they had been rights and obligations between the new employer and employee.

Additionally, the law requires that the new contract be no less favourable. So it was legally required by the LRA for the management teams to be transferred with all other employees, and to remain in similar positions. Moreover, a loss of employment in the insourcing process was not desirable.

However, regardless of insourcing being somewhat successful, the reports of persistently poor management which perpetuates substandard working conditions must be acknowledged and dealt with. There is clearly a disconnect between the workers’ expectations and the law in relation to the transfer of all employees, including management teams. I suggest here that UCT needs to do more to transform the way in which management teams work, and how they impact labour practices on the ground. University management must pay attention to issues of accountability surrounding the management of its employees. It is clear that insourcing alone does not ensure better working conditions. There needs to be a strong commitment from the university to investigate working conditions, and to meaningfully engage with and try to combat any inherited labour practices that are counter to the project of ensuring newly insourced workers are no longer exploited.

End Outsourcing hinged on two issues: increasing wages AND improving working conditions. The university cannot deal with one and not the other. The issue of poor working conditions remains. We must go beyond the requirements of section 197 and general insourcing principles to ensure that workers, who are now employees of the university, are protected. In this way, we will gradually move towards becoming an institution that rejects the exploitation of workers in all its forms. We as the student body must stay vigilant and put continuous pressure on the university to guarantee that these goals are not neglected.

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Moagi’s Mother

continues to build success…

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Siphokazi Mbatani

It was quite strange. I wrote my last test on the 9th of June and 15 days later I was giving birth. As soon as I finished that test, I really started feeling my pregnancy. I was huge and my face was swollen – the whole nine yards. This is why I say my son knew his Tell us a bit about your life thus far – it seems mom was busy. She’s not just a student, but she is also the President of the LSC. to have been quite a journey! n the 24th of June, our outgoing LSC President Mathoto Masetla gave birth to a bouncy baby boy. I sat down with her to discuss her life and experiences to date.

A funny story is that I actually had a false alarm just before I was scheduled to have my maternity shoot. Luckily, I was not in the active phase yet and I managed to meet with the photographer and get all the images I wanted. I would hate myself if I had given When I came to UCT, I decided that I wanted to have birth before I had the chance to take any! a baby in my final year, before doing my articles.

How did you plan on balancing the expectations Fortunately, I had a very smooth pregnancy. of being a wife, a mother and the President of It all seems to have worked out very well for the LSC? you. Would you consider yourself lucky?

I had been a member of the LSC last year and decided I think my baby understood that I was a student and that I wasn’t going to run again because I wanted to that I had work to do. I deferred three of my final get pregnant. I remember telling my husband that exams last year as I had intense nausea. He kicked this is what I live for. I am so passionate about the quite a lot, but that was the most I went through. I LSC, but I did not know if I could balance the two. In took different types of vitamins and had the energy to hindsight, I am not sure why I was looking at having attend all my classes. I decided to write my mid-year a baby as a barrier. That’s not the kind of woman that I am. tests last semester as I didn’t want to risk anything.

I got married in 2012 under customary law. However, I haven’t changed my surname as of yet as I want my degrees to honour my late father. I plan to change to my husband’s surname after graduation.

Staff and students alike were all very supportive.

Faculty members would constantly check on me and ask me if I was coping. It adds a lovely dynamic in meetings because we’re all moms. I sometimes think they reacted well only because I’m married, which is My husband, mother and sister were very supportive. so problematic. I don’t think marriage should be the My mother had my sister whilst she was still at be-all and end-all. university and she essentially said: “You’re my daughter, you can handle it.” My husband’s work As President of the LSC, you’re a figurehead hours as an aircraft mechanic for the air force are very for all the students in the faculty. Did you have flexible, so he is very hands-on. I don’t think I would any reservations about essentially veering off the beaten track, as most perceive it? have done it without him.

Right in the middle of Fees Must Fall I found out that I was pregnant. It was a rather intense time as we were newly elected, and law students were overcome with feelings of uncertainty and outrage.

Why final year? Why not during articles or later?

We always plan, but the reality is that this is life and there are no guarantees. I was so excited to be bringing a person into this world. We all want this degree, but Firstly, I want to be able to pour all my energy into my we could die tomorrow. Do something meaningful. articles as they set you up for your career. Secondly, Be present. People may think I have my life together I am not young. I am 26 years old, and as women we but I don’t, I just live in the moment. only have a certain amount of time to have children.

I wanted to have Moagi (my son) now so that I can Where to from here? experience just being a mom and bonding with my baby. I don’t know what is going to happen in the In the immediate future, my husband and I would like future; I might want to focus on my career and then to move to Johannesburg and buy property. I don’t want to rush, but we are parents now. At ENS, my time will just pass by. sole goal is to gain experience. I am dedicating the next two years to becoming a specialist in Intellectual How did the LSC and faculty react?

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Property. I am going there to learn from the best. I Is there anything else you’d like to share? want to go big. If somebody doesn’t want to appoint me as a CEO, I will start my own company and make It has been an honour and a pleasure serving on the myself a CEO! LSC. I am very glad to have worked with the members of my team. My team does not get enough recognition.

Family wise, I want to have another baby, perhaps They are kings and queens in my eyes. It has been a girl because boys will eventually leave you. My fantastic and it couldn’t have been so without them. husband and I are at our strongest now so hopefully As leaders, we are only as good as our followers – we’ll just continue being a team. they are the ones who made me great.

Life after Law School T

he Altum team tracked down a number of law graduates to find out about how they’re using their law degrees, and to illustrate how multidimensional the law degree can be. There is no numerus clausus of career options for the holder of an LLB degree, we all have the agency to determine our future career paths and to find the best fit. Our horizons are broader than we think.

Coline Bruintjies LLB, UCT (2012) Field: Non-Profit Organisation

What are you doing?

I am the National Project Coordinator for a non-profit organisation called the Constitutional Literacy and Service Initiative (CLASI). We are focused on human rights and constitution-based education in underresourced high schools and communities. We work with law student volunteers who we recruit and train to facilitate these classes. We are also involved in advocating for more accessible constitutional literacy programmes for all people in South Africa.

Why are you doing it?

I am passionate about social justice and committed to the attainment of the human rights of all people. I am aware of how far the promises of our Constitution are from the lived realities of the majority of people in our country, and of the need to close this gap. I hope that through legal education people will be able to develop a sense of agency and participate in the development of themselves and their communities.

Is it true that people who work in the legal nonprofit sector don’t make any money?

by Natasha Dusabe

This is a question that people often ask me. One could probably make more money in the corporate or private sector, especially because when you are in the nonprofit sector your aim is not to make money. You will never be wealthy working in this sector, but you can make a living.

Esmeralda Sayagues BA LLB, UCT (2014) Field: Corporate Law

What are you currently doing?

I am a second year candidate attorney at Cliffe Dekker Hofmeyr Inc., Cape Town.

Why are you doing it?

I decided to pursue articles because I realized that being admitted as an attorney would be a gateway to multiple opportunities and careers. When I was offered a position at a big five law firm I counted myself fortunate, appreciating what a fantastic opportunity it would be to experience corporate culture and learn about the intricacies of law in a top firm where CAs are given continuous training and institutional support.

Where do you see yourself in a few years?

I could see myself as a legal advisor in a business or NGO. I went straight from high school to university and then started articles. After so many years of study, I feel that a gap year is in order! I intend to teach English in Vietnam next year and figure out my career trajectory thereafter.

How true are stereotypes about being a corporate

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lawyer?

Some stereotypes are true. Corporate attorneys tend to work long stressful hours and do so under a lot of pressure to meet their monthly budget of billable hours. It is certainly a competitive setting.

What advice do you have for law students?

There is a plethora of career opportunities available to law graduates across multiple industries. Figure out which area of law you are most passionate about, then look for opportunities that match your criteria. Don’t get discouraged if it takes a while.

Andrew Ihsaan Gasnolar LLB, UWC (2009) Field: Consulting

What are you doing?

After university, I joined Bowmans (formerly the Bowman Gilfillan African Group) where I completed articles and was later retained as an Associate. I then left practice for a brief stint in Provincial Government. I now work as a Management Consultant, working on transport and infrastructure projects in developing markets.

Why are you doing it?

A legal degree has allowed me to dabble in different sectors while utilising legal skills in different ways. I find the current work I am doing to be interesting, challenging and to have an underlying transformative agenda, and this is something that really drives me.

Is this a field you want to be in? Where do you see yourself in the future? The shift out of traditional legal practice has been an interesting one and shows how multidimensional a law degree can be. I am enjoying the kind of work I am doing, although I am always looking to be challenged differently and to find a meaningful way to address issues of injustice and inequality.

Chanda Chungu LLB, UCT (2015) Field: Masters

What are you doing?

Masters in Labour and Administrative law.

Where do you see yourself in 5 years? 10 years?

In 5 years I hope to have finished my masters, finished the bar and hopefully be a junior litigator. In 10 years I hope to be involved in some form of legislative drafting, not as a Member of Parliament necessarily, but as one of the people involved in drafting laws for the country.

How did you view your Law degree, did it prepare you adequately for the path that you aspire to?

Yes, it was worth it. The last two years were definitely better than the first two. In the first two years, it isn’t clear if you can have your own opinions, and there is a lot of uncertainty as to what is expected of us as students, whereas in the last two years, you are allowed to disagree with the law and it helps you to discover which areas of law you’d like to pursue.

Any stereotypes about masters’ students, that maybe you guys don’t have any fun?

Yes there are – perhaps that we are boring, all we do is study and we aren’t really involved in the faculty.

But we do have fun outside of Kramer, even if you don’t see us around. However, doing a dissertation is also really time consuming.

Anna Truter and Megan Lee LLB, UCT (2015) Field: Human Rights Law

Where are you working currently and what does it involve?

Both of us started our articles at the Refugee Rights Clinic at UCT. The clinic offers free legal assistance to refugees and asylum seekers in South Africa, which entails intervening in arrest, detention and deportation matters and undertaking strategic impact litigation to further the rights of refugees.

What do you love about the field you’re working in? Is this an area of law you’d like to continue to work in?

Anna: The most satisfying aspect of my work is seeing the impact of effective legal intervention in protecting the rights of those most vulnerable in our society, and raising our legal voices to empower and protect those who are unable to access their rights. I am currently also completing a LLM in Human Rights and can definitely see myself working in Human Rights law in the future.

Megan: What I find the most rewarding about the field that I am working in is the constant interaction that we have with our clients on a daily basis, and the way that this allows us to appreciate the vulnerability of refugees and asylum seekers and the meaningfulness of the work that we do. I hope to always be involved in some sort of human rights law, and would also like to combine this with international criminal law.

How do you view your LLB in hindsight? Did it prepare you for the work you’re doing now?

Anna: While I detested studying the areas of law that I didn’t feel passionate about, I realise everyday how thankful I am for my UCT LLB. My community service hours fed my passion for working with vulnerable communities and my holistic LLB curriculum prepared me for a broad scope of matters.

Megan: My LLB gave me insight into many different spheres of law, which allowed me to determine where I wanted to be in the future and the type of career that I wanted to pursue. The UCT LLB provided me with the necessary skills to operate in any legal environment.

Kutlwano Motla BSocSc LLB, UCT (2015) Field: Practicing Advocate at Johannesburg Bar Council

What sort of work you do you do as a pupil at the bar?

I mostly do research and drafting for my mentor and other advocates at the Johannesburg Bar. I am also in court quite frequently with my mentor who specialises in Commercial and Admin Law. I also attend pupillage classes from 4:30pm till 6pm from Monday to Thursday. We also write two sets of exams. After exams, we branch out on our own and can move unopposed applications in court and receive paying briefs.

Why did you choose to go to the bar?

Independence! I love the idea of doing my own thing and working for myself. You are basically a legal entrepreneur when you are at the bar. It’s obviously not as easy as it sounds because you have to make sure you always have clients, otherwise you run the risk of going broke! There is a lot of uncertainty in this line of field, but you learn so much. I also love that you can be doing commercial law one day, criminal or admin law the next – work doesn’t become tedious or redundant.

Where do you see yourself in a few year’s time?

Is the plan to practice law for the foreseeable future?

I see myself focusing purely on admin law. The plan is to do my Masters in 2018. I also see myself applying for senior counsel (SC) in the next 15 years.

There are a lot of stereotypes about the bar, for example, that joining it straight after law school is a bad idea, that the bar is a particularly hostile environment, and that the bar is an old boys’ club (often marginalising anyone who is not a white male). In your experience, are any of these stereotypes true?

Sadly, it is very true. There are still quite a lot of unresolved gender and race issues which aren’t discussed or dealt with enough. It can be quite frustrating having to constantly prove yourself, but somehow, you find a way to make your presence felt. That has been my approach at the bar. In terms of joining the bar after varsity, I was advised against it and that made me question my career choice. After nine months of pupillage I can understand the concern of joining the bar without any legal experience, especially on the clientele front, because there are a lot of expenses we incur before taking some of that hard-earned cash home. In terms of everything else however, it doesn’t really matter whether you were an attorney or a prosecutor before, we all had to start from the beginning. At no point did I feel that someone with more legal experience than me knew more than me during pupillage. It gets overwhelming but it’s also so rewarding. I encourage many of you to join the bar, especially women,

we need you!

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About Etienne Swanepoel Etienne holds a BA LLB and LLM (in taxation law) from the University of Cape Town (UCT). He is an Adjunct Associate Professor at UCT where he co-teaches an LLM course on applied corporate finance. He has written on corporate finance for the newspaper Business Report numerous times, contributed a piece on business rescue to the textbook Financial Management, contributed a chapter to Companies and other Business Structures in South Africa, has peer-reviewed Contemporary Company Law, and is a founder and former editor of the Financial Markets Legislation Service. Etienne is a former partner of Webber Wentzel. He left in September 2015 to start his own practice, ER Swanepoel and Associates. He has had a long and distinguished career in corporate law, which includes, amongst other things, working on the successful business rescue of Southgold Exploration. For all of those of you who are interested in what corporate lawyers do, here’s an example of expert legal analysis of legislation by Etienne Swanepoel on the topic of business rescue. Be sure to take notes! Commentary is included for those less familiar with corporate law.

The governance construct applicable to companies outside of a business rescue In brief summary: (a) directors have an unfettered discretion to manage the business of the company and no shareholder may interfere in the board doing so (refer to section 66 of the South African Companies Act, No 71 of 2008); (b) shareholders may not interfere in the management of the company but they appoint and dismiss directors (sections 66 and 71) (there is one exception: refer to section 71(3)). In addition, the Companies Act preserves certain decision-making powers for shareholders by way of the requirement that particular actions of the company require the approval of shareholders by way of resolution, whether ordinary or special.

The Companies Act, broadly speaking, therefore divides decision-making matters which are linked to the income-earning operations of the company from those decision-making matters which are linked to the incomeearning structure of the company. The former falls within the decisionmaking remit of the board; the latter falls within the decision-making remit of shareholders. This is the classic imposition of the separation of powers doctrine in a company law context.

The governance construct applicable to companies in business rescue Once a company is placed in business rescue, the pre-existing governance construct is replaced by a construct which is similar to the construct subsisting prior to the business rescue, though the organs of the company charged with decision-making are different.

In relation to: (a) the income-earning operations, the board is replaced by the business rescue practitioner; (b) the income-earning structure, shareholders are replaced by the creditors voting at a meeting to approve or reject the business rescue plan for the company. In addition, the consent of the shareholders of the company will be required to the extent that the rights of shareholders are affected by the business rescue of the company (refer principally to section 152(3)(b)).

The duration of the governance construct applicable to a solvent company is unlimited, subject, of course, to business rescue or its winding up. The duration of the governance construct of a company in business rescue on the other hand is of limited duration. It is imposed upon the company for the specific purpose of the business rescue. It is effectively discharged in accordance with section 132(2) of the 2008 Companies Act at the appropriate time.

Section 71(3) allows for the removal of a director by the board of directors (excluding the director whose position on the board is in question)

The doctrine of the separation of powers is an important feature of corporate law in South Africa. Its purpose is to prevent conflicts of interest and maintain neutrality amongst directors and other company functionaries.

Business rescue was introduced into our law in the 2008 Companies Act. Thus, it is still a relatively new part of South African law. It acts as an alternative to liquidation and its purpose is to restore a company to good financial health.

This is quite a drastic move! A business rescue is not implemented lightly.

The position of a business rescue practitioner whilst a company is in business rescue Upon a company being placed in business rescue, the practitioner obtains full management control of the company in question in terms of section 140(1)(a), in substitution for its board and pre-existing management.

Section 140(3)(b) furthermore provides that the practitioner has the responsibilities, duties and liabilities of a director of the company as set out in sections 75 to 77 of the Companies Act. At the risk of over-emphasis, this means that the practitioner is also subject to, or rather has the benefit of, the business judgment rule (refer to section 76(4).

Under section 140(3)(c), the practitioner is in the first instance not liable for any act or omission in good faith in the course of the exercise of his/her powers and performance of the functions as practitioner; but in the second instance, may be held liable in accordance with any relevant law for the consequences of any act or omission amounting to gross negligence in the exercise of the powers and performance of the functions of practitioner.

The practitioner may also, at any time under section 137(5), during the business rescue proceedings, apply to a court for an order removing a director from office on the grounds that the director has: (a) failed to comply with a requirement of this Chapter; or (b) by act or omission, has impeded, or is impeding: (i) the practitioner in the performance of the powers and functions of practitioner; (ii) the management of the company by the practitioner; or (iii) the development or implementation of a business rescue plan in accordance with the Companies Act. The position of the directors when a company is in business rescue Section 137(2) of the Companies Act provides that during a company’s business rescue proceedings, each director of the company: (a) must continue to exercise the functions of director, subject to the authority of the practitioner; (b) has a duty to the company to exercise any management function within the company in accordance with the express instructions or direction of the practitioner, to the extent that it is reasonable to do so; (c) remains bound by the requirements of section 75 concerning personal financial interests of the director or a related person; and (d) to the extent that the director acts in accordance with paragraphs (b) and (c), is relieved from the duties of a director as set out in section 76, and the liabilities set out in section 77, other than section 77(3)(a), (b) and (c).

Section 137(4) in turn provides that if during a company’s business rescue proceedings, the board, or one or more directors of the company, purports to take any action on behalf of the company that require the approval of the practitioner, that action is void unless approved by the practitioner.

Conclusion The separation of powers doctrine is the bedrock on which all company law platforms are constructed. It is a flexible tool and even survives business rescue.

In the case of business rescue and the business rescue practitioner, such supervision (and approval) takes place with reference to the courts and the creditors of the company.

Etienne Swanepoel ER Swanepoel and Associates – M&A and corporate law advisors

There are strict requirements set out in the Act for who may qualify as a business rescue practitioner. One of them is that the person must be ‘in good standing of a legal, accounting or business management profession.’

It’s not hard to see why, when they have so much responsibility!

In a nutshell, section 76(4) sets out the requirements for determining whether or not a director has acted in the best interests of the company and with the necessary reasonable care, skill and diligence.

Gross negligence is a higher standard than ordinary negligence. The Supreme Court of Appeal in Transnet Ltd t/a Portnet v Owners of the MV “Stella Tingas” and Another says that gross negligence, ‘... must demonstrate, where there is found to be conscious risk taking, a complete obtuseness of mind or, where there is no conscious risk-taking, a total failure to take care.

Section 77(3)(a), (b) and (c) refer to situations in which the director has acted in the name of the company despite knowing they had no authority to do so, acquiesced in carrying out the company’s business while knowing it was being conducted in a prohibited manner, or been party to a fraudulent act or omission.

17

Rob Otty Managing director In 2002 Tom Cruise starred in the futuristic block buster “Minority Report.” The movie featured technology which, at the time, we could only begin to dream of.

Fast-forward to 2016, with the growth of technology in fields such as the Internet of things and the future is now. With this progression underway it is widely accepted that the legal profession’s current model of operation may not be sustainable for the near future. Rob Otty is the Managing Director of Business Integration of Norton Rose Fulbright and he gives us his insights to prepare for the practice of law in this technological dispensation.

Technology: the disrupter Similar to how homicide detectives were no longer needed in the “Minority Report” because culprits would be apprehended before the crime took place; in our era there are technologies already being developed and released at an exponential rate which limit the practice of black letter law. Discovery, a practice which was once solely done by law firms can take place electronically through e-discovery. Algorithms now exist to determine a case’s likelihood of success and value of settlement from the time of filing. Prima facie this may appear to be a daunting state of affairs for your career path. If you practise at Norton Rose Fulbright however, you will probably still have a smile on your face. This is because Norton Rose Fulbright in its thinking is at the forefront of change and innovation.

At the vanguard of the modern legal era, the firm is geared to take the lead in moulding strategic avenues in the industry and remaining at the peak of relevance. From their three core values of quality, integrity and unity, Rob quotes unity as the most defining characteristic of the business as it allows the firm to remain ahead of the curve. This is because the firm is made up of individuals who are able to band together to traverse any landscape. From the moment of appointment, the global firm aims to equip individuals who are motivated to strive for the common goal of providing excellence in legal service around the world.

The Way Forward Norton Rose Fulbright is conscious of the effects technology will have on the practice of law. Whilst many may see this as a dilemma, this firm sees the opportunity in being the first to harness the power of technology and fusing it with its intellectual capital.

Whilst technology poses challenge to the industry, the power of interpretation that the human mind possesses is yet to be grasped by it. The duty placed in s39 (2) of the Constitution is a prime example of this. It requires a human being’s ability to decide whether a law promotes the purpose and objects of the Bill of Rights, and to comprehend the duty placed on the courts to develop that law to conform to the standards of the Bill of Rights.

Where do you fit in the future of law?

Rob’s words of wisdom to all aspiring candidate attorneys is to broaden their horizons. The future lies in your ability to superimpose your skills onto what technology can do. As millennials, you are already exposed to more technology than previous generations. This places you in a great position to be prepared for change. The law profession will become more dynamic and if you equip yourself correctly, you will be able to thrive in it.

Rob closed off by telling us that in order to equip oneself, aspiring candidate attorneys need the ability to transform raw knowledge into a commodity or package that can be sold. Skills such as strategic thinking and some coding knowledge will aid in this process. This understanding alone may well ensure that you are indispensable in any setting you are faced with. There are many ways to go about getting yourself ready to join the evolving industry of law, but no matter your choices in broadening your horizons, it’s best to place your reliance in a well-established firm like Norton Rose Fulbright in this technological dispensation to ensure your future is well guarded.

Law around the world apply.nortonrosefulbright.co.za

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LSC Report L

Looking back at how our term started, weooking can certainly sayourthat havewe had back at how termwe started, can quite thesayjourney.

As ahad result being certainly that we have quiteofthea journey. elected contestation, we contestaas the As a resultwithout of a being elected without tion, as the Law Students Council of 2016 Lawwe Students Council of 2016 decided decided to incorporate intovision our vision, the goal to incorporate into our the goal of of vindicating our our legitimacy restoring faith vindicating legitimacyand and restoring in student governance structuresstructures as an effective faith in student governance as platform by which students are represented an effective platform by which studentsat UCT. We stayed true our new new are represented at toUCT. Weleadership, stayed true vision, new culture slogan by refocusing our leadto our new vision by refocusing our ership towards meeting students’ needs as idenleadership towards meeting students’ tified and directed by a student based mandate. needs as identified and directed by a student-based Our term started Our term startedmandate. out with several unique chalout with several unique challenges lenges that arguably changed the context in which arguably changedThis theoccurred contextduring in athat faculty council operates. which a faculty council operates.

This the Fees Must Fall and Outsourcing movements occurred during the that FeestheMust Fallofand when we had to ensure interests proOutsourcing movements, whenwere we equalhad testing and non-protesting students ensure that the interests of sets protesting lytoprotected by negotiating for two of exams and that all students equal access andensuring non-protesting studentshad were equally to resourcesby to negotiating prepare for their examinations. protected for two sets of exams, and ensuring that all students had Our next majortotest to our leadership wasfor the equal access resources to prepare several resignations we had from two treasurtheir examinations. The nextmajor set of challenges our leadership faced were

Back

the resignations we received from two weaknesses and amplify each other’s so that the end ofother’s our term successive treasurers and officer. a transformation weaknesses andby amplify each strengths ers and a transformation We dealt withstrengths, so that by the end of ourOur termteam we have become this by who new we ori-we have become a family. ethos officer.

Weco-opting dealt withnew thismembers by co-opting family. type of team ethosstudent has resulted entated immediately and made to feel as parthas aled manyOurmembers of the members, who we orientated immediately members of being the student of made the original team allow thebodyintomany commend us for a teambody that comand to feel a and part we of did thenot original mending us on being a team that is approachresignations to lower the morale of the team. team. We did not allow the resignations is approachable, friendly and has really friendly andtohas really made a difference a difference uplifting the spirits to lower the morale of the team. In terms madeable, to uplifting the spirits of law students at KramIn terms of the council’s contribution to of the council’s contribution to changes of law students in Kramer. Spirit Week er.

Spirit Week contributed in making the law changes in faculty policy, we identified rules in faculty policy, we identified rules in played an important role in enabling law in the faculty handbook which had an espe- faculty staff and students come together as one the faculty handbook which had an espe- faculty staff and students to come together cially harsh or prejudicial impact on law stu- family. Our refreshed presence on social media cially harsh or prejudicial impact on law as one family. Our presence on social dents from disadvantaged backgrounds. We has also translated to us being approachable and has also allowed to beof more students from disadvantaged dedicated to serving law us students the faculty. then worked together with backgrounds. the Chair of themedia approachable and has given us the chance WeAcademic then worked together with the Chair Planning Committee to challenge to serving of those the Academic Committee to to demonstrate While there our are dedication many further achievements rules or atPlanning least have them amended. students of noted the faculty. challenge the existence of those rules or at law that can be here, theWhile abovethere suffice to beoffice, least them amended. prospectus show further that theachievements LSC of 2016 that tookcan their Ourhave prospectus reached outOur to law firms of allare many above suffices to show reached to law firms sizes to as here, well the as the students they serve, that seriously. sizes toout partner with themofforallvarious semi-noted of the LSC 2016are tooksome theirthings partner with them for various seminars We acknowledge thatofthere nars and events in 2016.

The result was a yearthe members thatascould been done inthey a better way and filled within big2016. lunches, fasci-office, wellhave as the students serve, and events Themerchandise, result was aand year we willWe pass these on to that the there incoming nating seminars that aremerchandise, still being organised. acknowledge are LSC. filled with big lunches, and seriously.

Moreover, seminars, it has enabled us of to which raise inare excesssome things that could have been done in a fascinating some With humility and we pass bid you farewell and wish of R40 000 for the law students’ crisis fund.better way, and we will these lessons still being organised. Moreover, it has the incoming LSC 2017 all the best with enabled us to raise in excess of R40 000 on to the incoming LSC. With humility their term. through our challenges you farewell and wish the incoming forWe thehave law worked students’ crisis fund.

We haveandwe bid Law Students Council 2016 have learned to grow through each other’s The worked through our challenges, and have LSC 2017 all the best with their term. learned to grow through each other’s The Law Students Council 2016

A Note of Reflection Mathoto Masetla, President

OurOur termterm started off with started off one withof theone biggest campaigns of thestudent biggest student since 1976 and since then we campaigns since 1976 and have aimed to be the student since then we have aimed to be voice. It has been a term with the student voice. It has been a many achievements as well as term withbut many failures it hasachievements certainly as well as failures, has been a great journey but withitthe certainly been a great journey best team ever. I thank my team with the best team A ever.

I forfor working so hard. leader thank my team for working is only as strong as her followers so hard. leader is and onlya because I hadAQUEENS KING following me. as strong as her followers; I

had QUEENS and a KING following me.

Virgina Takaona, Vice-President Internal Secretary-General This year I have endeavoured

Totopromote anan LSC thatthat is re-is promote LSC sponsive to the needs of the people responsive to the needs of the it serves, an LSC that is fully people it serves; an LSC that accountable and transparent in is fully accountable and all its duties. As Vice President, transparent all is itsfully duties. to have a teaminthat As Vice President, I aimed to dedicated to the overall aims and help lead a team that is fully visions of the council, one of dedicated to the overall aims them being ensuring a mentorand visions of the council, ship programme for first years one them being ensuring that is of effective in delivering its mandate a mentor-ship programme for

first years that is effective in delivering its mandate.

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A Note of Reflection Relebohilo Phoofolo, Vice-President External Vice-President Exyernal

Shivani Naidoo, Secretary-General

From trying to work with From trying to work with members in the LSC to my members within theinteracLSC, to tions external entities this my with interactions with exteryear has been about managing nal entities, this year has relationships. I did not always been about managing relaget it right, but I tried to act tionships.

I did not always with a level of maturity and get it right, I tried to act diplomacy that but the relationships required. with a level of maturity and

We incorporated into our vision the goal of restoring the faith of the student body in student governance as being an effective platform by which the lives of students are improved. I believe we achieved our goal. Each member of my team has taught me something that has allowed me to grow into my own strengths and deconstruct my weaknesses.

diplomacy that the relationships required.

Mbulelo Ncolosi, Academic Represertative I wish the new LSC the best of luck to the incoming LSC. I sincerely hope you will be able to further the interests of students.

Silindile Mhlongo, Student Life Officer I have enjoyed the challenges I thrown have enjoyed the challenges my way during the thrown my way I have course of thisduring. year. I have taken on each task with integritaken on each task with intytegrity and to the of my andbest to the bestability. of my I believe theI believe studentthe lifestudent portfoability. liolife hasportfolio achievedhas its achieved mandateits of ensuring inclusivity for every mandate of ensuring inclustudent theevery law faculty.

The sivityinfor student in students have responded positivethe law faculty. The students lyhave to theresponded initiatives hosted and positively to it has been an absolute the initiatives hostedpleasure and it serving has been the an student absolutebody.” pleasure serving the student body.

Sithabile Kuuya, Communications & Media

Clifford Ncube, Transformation Officer

I have learnt a great deal from working with my colleges on the LSC. It has been exciting and challenging. I had the opportunity to connect with more people in Kramer. I am more confident in myself and my leadership capabilities.

It was quite a difficult time for for anyone be a transforanyone to be to a transformation mation officer, of officer, because of because the socio-pothe socio-political climate litical climate at universities. universities. yearly It’satone office whoseThe yearly work work ofbethis particular office cannot readily seen and felt, cannot be readily seen and but one can only hope that the contribution remains a signififelt, but one can only hope cant shaping university’s that one the in contribution remains ainstitutional significantculture one intowards shapinga better end. the university’s institutional

It was quite a difficult time

culture towards a better end.

A Note of Reflection

#YourLSC16

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Challenges and opportunities for training the next generation of legal professionals

S

outh African universities are confronting unprecedented challenges in a range of areas, including equity and transformation, revenue (fees), and the relevance of the curricula. One of the most pressing challenges facing universities relates to access to higher education – particularly for those individuals from previously disadvantaged, overwhelmingly Black, South African communities.

These communities were denied access to education by the apartheid regime and successive post-apartheid governments have struggled to redress the legacy of apartheid, with poor results.

What do these challenges mean for law faculties, especially UCT Law Faculty? What opportunities do they provide for enriching and strengthening UCT Law’s excellent educational programmes, as well as the learning experience, for all students?

Currently, there are five drivers of change for law faculties. The first is obviously the transformative vision embodied in South Africa’s Constitution, which provides a guideline for equity and the transformation of law faculties. The Preamble to the Constitution states that, We adopt this Constitution …… so as to: Improve the quality of life of all citizens and free the potential of each person.

In addition, section 29 states that: Everyone has the right: to further education, which the state, through reasonable measures, must make progressively available and accessible.

The second driver of change lies in the demands of the student protesters under various banners including #RhodesMustFall, #FeesMustFall and #DecoloniseUCTLaw, movements which, briefly summarised, relate to three sets of specific concerns The first relates to the calls for decolonisation and Africanisation. These calls address specific curricular reforms, transforming the culture of teaching and learning, and a greater engagement with African research and scholarship. The second is broadly about transformation relating to the racial demographics of academic staff, the hierarchies in the classroom and beyond, and the need for academic staff to pursue engaged research that relates directly to social justice and economic equality. The third demand from students concerns economic issues related to fees and the outsourcing of university services.

The third driver of change is the Council of Higher

Education’s national review of the LL.B. degree, now underway at all South African law faculties. The review is designed to pay particular attention to a series of issues, including transformative constitutionalism, responsiveness to social justice, student awareness of constitutional imperatives, responsiveness to globalization, and responsiveness to ever-evolving information technology.

Through a series of questions, the LL.B. review considers whether the LL.B. degree prepares law graduates for their chosen careers in the law, as well as for postgraduate studies. The questions about preparedness for legal practice focus not only on knowledge and understanding of the legal system, but also on knowledge and understanding of the historical background of South African law, as well as the contemporary values of our constitutional democracy.

The LL.B. review is a detailed assessment of the training of the next generation of South African legal professionals and has the potential to unleash a range of thoughtful initiatives by law faculties.

The fourth and fifth drivers of change are technology and globalisation, which combined and separately have already disrupted law practice in a multitude of ways. Law faculties have responded to these changes through curricular reforms and other innovations, but they may have to accelerate their responses as technology continues to evolve at a rapid pace and globalization unravels in a complex manner.

Since I took office as the Dean of UCT’s Law Faculty in January 2016, I have been privileged to be immersed in these issues and am very excited about the possibilities that they may generate. The challenges highlighted above, as well as the five drivers of change, have rendered UCT Law Faculty an especially exciting space for embarking upon a range of innovative and creative approaches to legal education. Obviously the success of these approaches requires that all the stakeholders in the UCT Law Faculty, including staff and students, embrace such transformative possibilities.

In the words of Martin Luther King: We are now faced with the fact that tomorrow is today. We are confronted with the fierce urgency of now. In this unfolding conundrum of life and history, there is such a thing as being too late. This is no time for apathy or complacency. This is a time for vigorous and positive action.

From the desk of the Dean, Penelope Andrews

The 2017 Committee: Meet the Team

Emma Reinecke Editor-in-Chief Kelsey Pailman Senior Editor

Siphokazi Mbatani Treasurer

Lynn Lyoba Secretary General

Asiphe Mdutywa Photographer

Priyanka Naidoo Social Media

Eshed Cohen Senior Editor

Natasha Dusabe Senior Editor

Lauren Gildenhuys - Deputy & Copy Editor

External Contributors

Zinhle Novazi External Contributor

Dean Penelope Andrews

Etienne Swanepoel

&

Nigel Patel 23

Wherever progress relies on pushing limits, we’re there.

Our advice goes beyond what you should do now, to focus on what you could do next. It is based on unrivalled industry insight and an impressive global footprint, which allow us to pre-empt and respond to the biggest issues. Our commitment to pushing boundaries has made us a top global legal brand.

It will take you further too.

Law around the world nortonrosefulbright.com

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