Old School

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Contents The Demise of the Nation State Brexit: A dangerous precedent?

Old Money vs.

Cryptocurrency: The future money market

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Endangered Lawyers

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Africa Online The Best Productivity Methods Underpinnings of SA Law Decolonising the Curriculum Final Year Law Dance

The Case for Paperless law

Farewell to the Team

Sounds Pretentious

Contributors

10 Archaic Laws Judge’s Guide to Pop Culture

FOR VOET’S SAKE

write this with a vague sense of nostalgia for that which has not yet come to pass. As I near the end of my tenure as Editor-in-Chief, I frequently catch myself thinking about the sadness and relief that will follow in passing on the baton. In a sense, I feel the frustration of someone who has finally mastered a craft, and then proceeds to drop everything and start afresh with something new. It took many months to grow accustomed to the demands of my portfolio, and now when I finally have a good understanding of its dimensions, I must leave it behind. This feeling is mirrored as graduation approaches for the anxious final year class of 2016. Everything is clicking into place – the culmination of years of legal education – and now it’s almost time to leave. What does this sob-story about growing pains and the passage of time have to do with anything? Well, to the observant and avid Altum reader, the words Part I might have piqued your curiosity. The theme for the last two publications of the year is The Arrow of Time. It is only fitting that the Altum Sonatur Committee of 2016 bid farewell in the first instalment – titled Old School. In the next few pages we attempt to interrogate law’s romanticism with the past by questioning the way in which things have always been done: whether it be on a macro-scale with regards to the relevance of statehood, the existence of archaic laws, as well as oft-ignored challenges to the legal profession; or on the micro-scale of shaking the foundations of legal studies and the process of decolonisation within our faculty. This editorial would not be complete without me thanking my dedicated team of

writers and organisers. I am honoured to have worked with everyone who was on the committee, and the collective effort to ensure every edition saw the light of day truly was remarkable. Working with a group of people who are responsible and driven is good. Working with a group of people who embrace quirky behaviour, crazed voice-notes, and are full of constructive feedback, is even better. So what words of wisdom do I have for anyone who actually reads editorials? I would say that my greatest fear for law students is that we see ourselves as passive receptacles of knowledge, sauntering through this building until the day we are capped and handed that piece of paper telling us we know a thing or two. Thinking critically about what we learn, how it’s taught and what can be done better is not only imperative for our own growth as young adults; it’s a way to make a meaningful contribution within the period of our stay here. For me, that tiny contribution was using this platform to add my voice to discussions, debates and critiques of socio-economic and legal issues. What’s yours?

I would say you have all the time in the world to find out, but that is just the problem. Inelegantly and without your consent, time will pass. Realise now that it is the most valuable thing you can spend. The future is bright for this magazine. I leave the helm in the capable hands of Emma Reinecke, the new Editor-in-Chief, and her stellar team. I know they will write often and much about things that matter; things that were, that are and that will be. As for me, it’s time to cap my pen and bid you a fond farewell. Here’s to New Beginnings. Prashanti Ramnanan

The Demise of the Nation State? words by Sophie Robertson

“The nation-state became powerful in the wake of the French Revolution, whereas the nation-state has become powerless in light of globalization” ~ Grace Lee Boggs

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his statement best captures the core argument about the effect of globalization on the power and relevance of the nation state. The invention and development of the World Wide Web, everexpanding intricate international trade agreements, and the growth and power of multi-national corporations, all contribute to the weakening relevance of the nation state and its seemingly inevitable demise. However, Brexit, the Donald Trumps of this world, and the on-going refugee crisis indicate that the practice and prevalence of ‘othering’ is operating on various fronts, thus demonstrating that the desire for national boundaries (and hence the nation state) is very much alive and kicking. Does this present enough evidence to declare, rather, that the demise of globalization is upon us? Furthermore, what does this mean for the development of law?

The idyllic vision of a unified global society was dealt a great blow with the news of Brexit. Though the EU was only a single group of a limited number of countries, Brexit serves to illustrate that there are those who have become disillusioned with the promise of globalization. The refugee crisis, the perceived migrant threat to local jobs, and the supposed loss of British sovereignty to a ‘foreign’ governing body, informed some of the rhetoric behind the Brexit campaign. Such rhetoric pointed to a desire for stronger borders and more exclusionary laws. We may be tempted to think that Trump’s desire to build a wall between the USA and Mexico, and to control the migration of Muslims, may be the mad ramblings of a lone man, but unfortunately, it seems this is not the case. What is clear is that the perceived threat of the ‘other’ is felt strongly, and in turn calls for the protection of whatever institution it is which creates the ‘us’. For many, that institution is still the nation state.

The relationship between the law and the state is complicated, but initially it was one in which the latter created, moulded and operated by the former.

The nation state is an entity which has the authority to control a specified territory, operating in such a way so as to exclude the wider population of the world. It does so by constructing and using the law in order to control and regulate its borders and those within such borders, whilst simultaneously lending legitimacy to those wielding power. In Africa, the institution of the nation state was established through the creation of arbitrary borders in which the law was used as a political tool by colonisers to divide and conquer. This is not to say that there were no political structures in place before colonisation, but through this unnatural delineation of territory, the law was used not only to exclude those beyond the borders, but also those within the borders, as a means to better protect the new status quo and foreign interests. In South Africa, the law was a tool of the Apartheid government which was used to craft a system which best fulfilled their racist goals and ensured the survival of a warped nation state. With the fall of that government was the birth of a new Constitution, from which all law derives its power and in which the members of the state have extensive rights granted to them. The relationship between the state and the law is now one in which the survival of the former is dependent on the latter, and though the state can create new law to ensure its survival, it is limited from doing so at the expense of the rights belonging to those within it. For as long as the rule of law is respected by both state leaders and the massess/general population, it will serve to protect, at least in Constitutional democracies.

Whether it is true or not that globalization has recently been declining, or that the nation state is no longer as relevant as before; what remains is the importance of the rule of law and its role in strengthening and curbing state power.

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The Future of the EU: Brexit and a dangerous precedent? words by Daniel Sive

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he European integration project was founded on the promise of transforming Europe from a continent of war to one of peace, with a single market aimed at enhancing the prospects of greater shared prosperity. The EU has no doubt done much for the advancement of democracy, peace and reconciliation, and human rights internally. However, in recent times, the real and perceived problems of many member states have increasingly been blamed on the EU itself by large social groupings. The adoption of a single monetary policy under the auspices of the European Central Bank without sufficient fiscal controls enabled member countries, such as Greece, to recklessly take on cheap credit without implementing structural reforms to overcome faltering domestic economic conditions. The EU has also been accused of implementing overly burdensome regulations, and nationalist groups have strongly opposed the obligations imposed under its refugee policy. The EU response to the refugee crisis has already been chaotic and divisive, and such sentiments endanger political and social efforts that focus on enabling refugees to rebuild their lives and meaningfully participate and contribute to society.

Within this context, news that the United Kingdom had voted by a narrow majority to leave the EU has shaken the very foundations upon which not only the EU, but broader global integration, is premised.

The shock caused by the Brexit vote is difficult to exaggerate. Clearly, the cohesion and strength of western liberal democracies is under threat.

However, serious questions must be asked about not only the causes of the discontent behind the decision, but also about the British democratic system itself. In merely requiring a simple majority of ‘leave’ votes from those who turned out at the polls, the Brexit voting mechanism has allowed a once-off vote to have far-reaching, long-lasting consequences, without the support of a significant majority of society.

Voter turnout in the UK was 70%, which implies that Brexit won with only 36% of eligible voters backing

it. Most countries place greater hurdles, such as supermajority requirements, in the way of decisions of such gravity. Furthermore, it is important to note that contrary to the suggestions of interim UKIP leader Nigel Farage, the EU will in all likelihood survive Brexit. There is great uncertainty as to what the UK-EU relationship will look like once the UK takes a decision, in accordance with its national constitutional arrangements, to withdraw from the EU in terms of Article 50 of the Lisbon Treaty. Much analysis has failed to consider the motivations of the other EU members, with whom the UK will have to attempt to reach a new trade deal. It is highly unlikely that the UK will be able to maintain its duty free access to the EU’s single market without allowing for the free flow of labour – a concession which would be in violation of a key promise made by the leave campaign. A loss of the UK’s ‘banking passport’ to the EU could be devastating for its economy, which is heavily dependent on financial services. And the likes of Germany and France may wish to capitalize on the uncertainty, and attempt to attract lucrative service jobs to their own territories. Furthermore, if the UK’s new deal is seen to be too favourable, there will be an incentive for other EU members to follow the Brexit path – and all EU members know this. That being said, it is unlikely that the EU would impose trade tariffs and other punitive measures, as this might alienate important EU members and harm vital trade flows and opportunities between the UK and EU member states.

Thus far, despite fears of the so-called domino effect which foresees Brexit emboldening right-wing parties to destroy the EU, a series of credible polls taken since the vote shown that support for the EU has actually risen in key member countries where risks of spillover were envisaged. That being said, in order to survive the EU needs to rediscover and promote its sense of purpose. And those who believe in the power of multilateralism and inclusive integration to bring about progressive social transformation globally, must think carefully about the determinants of the rising nationalist sentiment and respond proactively.

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The Future Money Market: Bitcoin in Africa words by Kelsey Pailman

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s the world fixates on fluctuating exchange rates, a new digital currency awaits. Payment and investment through cryptocurrency is starting to gain traction globally, with bitcoin becoming more than just a buzzword. Bitcoin: an electronic currency, decentralised, unregulated and ready to transform the money market as we know it.

March 2016 saw South Africa host the 2nd Annual Blockchain and Bitcoin African conference, where industry experts converged and discussed the future of paperless currency in Africa.

Unlike conventional money controlled by banks, no single institution is responsible for the creation and issuing of bitcoin. This means that bitcoins are not susceptible to undesirable changes in monetary policies by governments and banking institutions. Instead, the bitcoin network is digital and mined electronically, using a mathematical formula to generate units of the currency. This does not, however, mean that there is an unlimited number of bitcoins available in the technosphere: only 21 million units can ever be mined, although each bitcoin can then be broken down into smaller denominations. One of the key advantages of the bitcoin network is that it is quick and efficient.

Whereas opening a bank account is a task often clouded by bureaucracy, bitcoin addresses can be set up by the click of a button.

With many African countries plagued by high levels of inflation and excessive transfer charges, could bitcoin provide the sea of ‘change’ needed to boost the economies on our shores?

The use of bitcoin in Africa has faced its fair share of criticism. In a working paper provided by Brett Scott, a consultant for the UN Research Institute for Social Development, it is argued that the use of bitcoin to solve socio-economic disparities in Africa could amount to ‘Techno Colonialism’. Scott argues that due to internet and electricity shortages on the continent, bitcoin will, in reality, only benefit an elite group of tech entrepreneurs.

Notwithstanding the reservations held by critics, the cryptocurrency has nevertheless been deemed a potential catalyst for economic growth and development on the continent. African economies have been coined as ‘lions on the move’ by the

McKinsey Global Institute (MGI), roaring with innovation in a technologically advanced era. Bitcoin is predicted to increase productivity by promoting diversification and competitiveness. In response to this, the UN has recently opened applications for techsavvy volunteers to offer their knowledge and skills to educating the youth in Sierra Leone about bitcoin.

The use of bitcoin in Africa is gaining significant momentum. Most recently, Bidorbuy, South Africa’s biggest online marketplace, has accepted bitcoin as a currency which can be used for transactions. A South African law firm has also come on board, and now allows cryptocurrency as a form of payment. Bitcoin further serves to provide solutions to various problems facing the broader money transfer network in Africa.

Kenyan company BitPesa, for example, has created a system whereby the Africans diaspora can send money, in the form of bitcoin, easily and cost-effectively back home.

The current legal status of bitcoin in South Africa is that, while the cryptocurrency remains unregulated, it is not illegal per se. Kerri Crawford, a technology lawyer and senior associate at Norton Rose Fulbright, predicts that given the rapid adoption of cryptocurrencies across the world, South African authorities may choose to implement a mechanism by which bitcoin can be recognised and regulated in the country.

While the use of cryptocurrencies boasts advantages, a problematic aspect of bitcoin lies in its anonymity.

In a 2014 advisory report authored by South Africa’s major financial authorities, members of the public were warned about the risks inherent to cryptocurrencies.

In terms of transparency, bitcoin stores do display every bitcoin exchange. Addresses, however, are not automatically linked to personal information. This can evidently give rise to illegal activities such as money laundering. In a recent Miami court case, a man accused of money laundering nearly $1500 worth of bitcoins was acquitted because, according to the court ruling, bitcoin does not actually amount to ‘money’ in the strict sense of the word.

The future use of bitcoin in Africa gives rise to both intrigue and concern. While the law is still grappling with the regulation of an unregulated currency, only time will tell if every bit(coin) truly counts.

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‘The Endangered Lawyer’

will technology bring an end to our species as we know it? words by Kelsey Pailman

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n the depths of the corporate jungle lies the traditional lawyer. Its natural habitat consists of an office, where this tenacious creature performs various complex tasks such as analysing case law, drawing up contracts and searching through mountains of legal documents.

This lawyer is high in demand and often seen as the ‘who’s who’ in the zoo. However, there appears to be a shift in the corporate landscape and a robot apocalypse is rumoured to be on the horizon, threating the traditional lawyer’s very existence. Three options are now available: sink, survive or thrive.

Across a spectrum of professions it is foreseen that an imminent technological revolution could result in the disruption of labour markets. The World Economic Forum (WEF) titled its annual summit held in early January this year: ‘The Fourth Industrial Revolution’. At the summit it was predicted that this technological revolution would result in significant job losses for ‘traditional professions’ coupled with increased job opportunities for more ‘technologically geared’ professions such as Information Technology. The legal profession thus finds itself at a critical crossroads: it can either ride the technological wave or be engulfed by these rapid advances.

The legal profession has already seen technology take over various roles traditionally fulfilled by lawyers. For example, integrated contract platforms enable the processing of large volumes of contractual documents. This software has the ability to identify and summarise salient aspects of contracts efficiently and effectively.

In the area of litigation, technology exists which draws on predictive analytical techniques to advise clients on the likelihood of a case being decided in a particular manner. Furthermore, legal advisory software applications exist where people can obtain answers to basic legal questions. Given the emergence of these kinds of legal technologies and many others in the job market, could legal professionals be rendered obsolete?

As a law student about to enter into this profession, you may ask: “Where does this leave me? Are you seriously suggesting that I have to compete with ‘elusive future lawyerbots’ when I enter the workplace?” Allow me to allay potential fears and ‘automation anxiety’ that may set in given this imminent revolution. In my opinion, human beings will continue to have the upper hand, with the intellectual and emotional quotient of humans far superseding what could potentially be achieved by means of artificial intelligence – at least in the next decade or so.

While the legal profession contains its fair share of systematic, routine and administrative tasks, its real value lies in ‘higher order’ roles and functions that require critical analysis, discernment, judgement, experience, creativity and innovation. These tenets are distinctly human and cannot readily be replaced by automation. Just think about it, would a robot be able to negotiate and close a deal as swiftly and suavely as Harvey Spector? It is thus imperative to harness technology to complement key functions that legal practitioners are best suited to perform themselves, while optimally utilising technology for tasks that cannot be performed as efficiently.

Legal professionals, as well as those entering the profession, need to effectively navigate through the elements of hype and see technology as friend rather than foe. The perceived crisis should be viewed in light of the Chinese symbol for crisis - comprising danger and opportunity. What appears to be a crisis may indeed be an opportunity to innovate and reevaluate the legal landscape.

The legal practitioner of the future has to concertedly remain abreast of the latest developments in their industry (which could cut across a wide range of sectors) and how technological advances could impact the way in which service offerings are packaged and delivered to clients. The corporate jungle sees only the survival of the fittest. To avoid the extinction of the lawyer species, it is necessary for the traditional lawyer to evolve into the tech-savvy lawyer, thereby not only surviving, but also thriving, in a rapidly changing eco-system.

The Case for Paperless Law “As law students, we are well on our way to becoming paperless whether we wish to embrace it or not. With limitless electronic legal databases at our fingertips, gone are the days of physically looking for casebooks when JutaStat words by Caitlin Harvey and LexisNexis are so easily accessible.”

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aw and technology - can they be fully integrated?

The notion of the ‘paperless’ office has become increasingly relevant over the years as it is seen as the culmination of technological advancement. While complete reliance on IT systems may be possible in theory, going ‘paperless’ can in fact mean merely using less paper and more technology – to the extent that it enhances convenience and efficiency while balancing the possible costs and risk-management concerns which may arise. It is clear that the challenge of transitioning to a paperless legal world does not emanate from a lack of available technology, but rather internal and external resistances that appear more persuasive than they are in reality.

It is appropriate to note that there are no legal restrictions on having a paperless legal system.

While standard formalities in specific instances would still need to be complied with, the Electronic Communications and Transactions Act 25 of 2002, developed to govern and regulate e-commerce, followed the global trend and recognized advanced electronic signatures. The Act acknowledges data as the functional equivalent to evidential writing by guaranteeing the former the same legal validity of writing on paper. The Act also addresses consumer protection, privacy protection, cybercrime and the protection of data – issues which may be raised in the process of transitioning to a paperless system.

In reality, South African courts and offices rely heavily on paper and physical filing systems. The Deeds Registries Office, for example, currently lodges and files deeds by way of a detailed paper trail that is by its very nature a lengthy process. However, in March 2016, the Deeds Registries Amendment Bill was published. While it is not law as of yet, the Bill aims to change the way the Deeds Registries Office functions completely. In accordance with the proposed

Bill, the Deeds office would essentially operate using an electronic system that allows for online submissions, processing and the storing of documents that were previously dealt with in paper form. The Deeds Registries Amendment Bill is therefore dependent on the advances which were legislated in the abovementioned Electronic Communications and Transactions Act, as signing and other formalities are of significant importance in the Deeds Registry process. The Bill is indicative of the increasing need for legal offices to become less reliant on paper in an effort to enhance efficiency and performance.

As law students, we are well on our way to becoming paperless whether we wish to embrace it or not. With limitless electronic legal databases at our fingertips, gone are the days of physically looking for casebooks when JutaStat and LexisNexis are so easily accessible.

While students initially may not wish to receive PDF documents instead of course readers, with the correct formatting and some persistence, a form of paperless studying is possible and obviously environmentally preferable. The environmental argument in favour of the case for paperless law is a highly persuasive one that does not need much elaboration.

It is evident that paperless law is gradually becoming a reality, albeit slowly. The challenges faced are mostly those which relate to human resistance to change – whether it be reluctance to receive electronic copies of readings, or the concerns of relying on a new system. Although the legal world’s adaptability is essential to its progress, it is clear that the transition to a form of paperless law will not operate parallel to technological advances. While an argument can be made for reading off paper, a messy desk is no longer the hallmark of a brilliant mind when technological advances rapidly affect and enhance the ability to respond to growing external demands.

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sounds

pretentious words by Caitlin Le Roith

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s the importance of plain language in the legal profession adequately reflected in our student publication?

As zealous neophytes, even the slightest improvement in our familiarity with legal parlance has the tendency to precipitate apprehensions of intellectual acuity and belongingness.

The point I am attempting to make – without the use of www.thesaurus.com – is that we, as law students, seem to find security in the ability to use complicated diction and unnecessary legal jargon to express our ideas, as simple as they may be. It would be thoughtless to disregard the importance of legal terminology, since the law attaches very particular meanings to certain words and phrases – such as “agreement” and “intention”. However, the value of substituting these terms with pactum and dolus (respectively) should be called into question in light of the values which our legal system aims to uphold.

Earlier this year, one of the proposed hoodie designs had a troubling slogan on the back which read: “If you can’t convince them, confuse them.” While the intention behind this may have been harmless and aimed only at provoking a laugh or two, underneath this attempt at a joke lies the message that the language of the law should be used to cloud the flaws in legal reasoning. This message sits comfortably in the armchair of an inaccessible legal system. It maintains an elitist legal profession that trades access to language for first-class passes on a gourmet gravy train.

In his essay, “Politics and the English Language” (1946), George Orwell discussed situations in which

a “mass of Latin words falls upon the facts like soft snow, blurring the outline and covering up all the details.” Insincerity, he noted, is the “great enemy of clear language…[as when] there is a gap between one’s real and one’s declared aims, one turns… instinctively to long words and exhausted idioms, like a cuttlefish squirting out ink.” Orwell concludes by stating that what is required “is to let the meaning choose the word, and not the other way around.”

The commitment to the use of plain language in South African law arose from the inception of constitutional democracy in 1994. This commitment is intertwined with the recognition of eleven official languages and the constitutional obligation resting on the state to take “practical and positive measures to elevate the status and advance the use” of indigenous languages (s 6(2)). Furthermore, it triggers certain enshrined Chapter 2 rights – such as access to information (s 32) and access to courts (s 34).

At a plain language conference in March 1995 in Cape Town, the then Minister of Justice, Dullah Omar, stated that “(c)lear, simple communications is… an absolute and critical necessity for democracy.

People have a right to understand the laws that govern them, to understand court proceedings in matters that affect them, to understand what government is doing in their name.”

As law students, the type of culture we create and endorse in our educational institutions should not be shaped by romanticized visions of the legal profession.

When one peels away the layers of Latin lingo and billowing black robes, the exclusivity and elitism of the profession is revealed. Despite the successes of the democratic and constitutional era, a lack of access to justice continues to plague our society. Access requires, at a minimum, some level of understanding.

The official UCT law students’ publication derives its title from the Latin phrase quidquid latine dictum sit, altum sonatur. Roughly translated, this phrase means “anything said in Latin sounds profound.” On one interpretation, the use of the phrase is ironic and comments on the pretentiousness of lawyers (and law students) who refuse to let go of the language.

However, the use of the title Altum Sonatur runs the risk of framing the contents of the publication in a less admirable manner. While the articles contained in each edition should be engaged with critically, based on their substance, the language used by each writer to convey the intended message should be plain and accessible. If we want our law school’s publication to reflect the legal culture we claim to uphold, let us at least ensure its contents can be understood by everyone who happens to flip through its pages.

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Archaic Laws Laws often struggle to keep up with the changing boni mores and globalisation. THANDIWE SEBOLETSWE tracks down 10 of the most archaic and disturbing laws – some of which were only recently struck down, while others continue to perplex and appal us. It should be noted that while these points are written with a touch of humour given their absurdity, the writer does not intend to make light of serious social ills that plague humankind

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Feel like dying? Well, if you so happen to In the American state of Massachusetts it is be in the House of Parliament in England, against the law for a woman to be on top during do not, I repeat, do not, die there. You will be sex. So the question obviously becomes, who entitled to a State funeral, and they really don’t think will snitch? you’re that great, so they made dying there illegal.

Extramarital sex is illegal in Dubai. Unlike Some good news. In January 2013, a 200the Massachusetts law above, I can understand year old law was repealed and women the rationale behind this second law, given in Paris could finally wear pants legally. its religious foundations. But rationality escaped me when I found out that in cases of rape, both parties The law required women to ask police for special permission to ‘dress as men’ in Paris, or risk being can be charged for the offence. taken into custody.

We all love India (I love India and I’m writing Saudi Arabia makes it illegal for women to this alone, so ‘we’) and we all love things out drive. But in 2015 women cast their votes in of our budget. But what happens when you the municipal election, for the first time in cannot pay back the money and all you have left is your wife who annoyingly won’t stop telling you to the country’s history. Baby steps? put the toilet seat down? In some parts of India, men Are you a vexer? Are you known for just can offer up their wives until they repay their debt. vexing people the wrong way? Well, you carry that bad habit to the Phillipines and In the United Kingdom, a law still exists from the Middle Ages which requires all males you’ll be charged buddy. over the age of 14 to be trained in shooting Make sure you meant it when you a longbow. “In the 21st century, what could be the hashtagged #Bae4Life, because purpose of this skill?”, you ask. Unfortunately, I am the Vatican makes it illegal to get a as clueless as you are. divorce.

To make sure that the ‘gay vibes’ aren’t carried to the next generation (because that’s obviously how ‘gayness’ spreads) Russia made it illegal to tell kids that gay people exist.

Shockingly, this law is relatively new.

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words by Emma Johannes

The Modern Judge’s Guide to Pop Culture

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he Constitutional Court is undoubtedly one of the greatest places in South Africa. Sitting so proudly atop Constitutional Hill in sunny Johannesburg, its beauty on the outside is almost enough to distract us from the 11 very important people bustling about inside it. Almost. But we must pause to examine these shrewd, remarkable and greying creatures. We must ponder: Is Nkabinde J a member of the Beyhive? In his free time, does Mogoeng CJ indulge in a little Suits?

One eyeful of our current justices is enough to surmise that De Vos’s South African Constitutional Law in Context leaves no space on their bedside tables for the new Harry Potter; that they never substitute Acta Juridica for Heat Magazine; and that the only Oscar they really know is thousands of kilometers from Hollywood and in jail. The closest they have been to Fifty Shades of Grey is in front of the mirror in the morning when examining receding hairlines, and their weekends are not so much about ‘Netflix and Chill’ but are more about ‘Weet-bix and Willes.’

From their comfortable, sheltered existences, it is reasonable to assume that the judges of today are out of touch with what is happening on the streets of South Africa (and in the lives of the Kardashians). But fear not! Now, judges, I am talking directly to you: I’m no Leo, but here is the Magic-Notes-equivalent summary (minus the colourful language) for you on how you can navigate your upcoming cases.

ZAlebrities The phenomenon of the ‘ZAlebrities’ (people who are only really famous in South Africa) has grown significantly in the last 10 years. These ZAlebs

usually participate in activities such as the J&B Met, a multitude of charity fun-runs sponsored by KFM, and the occasional Sunday session at Café Caprice in the summer months. Although not a judge, Advocate Barry Roux is known for frequenting this luxury watering hole. What if I put it to you that it would be a good idea for you to flap through the latest People or Heat to identify these individuals, or even better, to perhaps attend one of the abovementioned events to rub shoulders with them? You never know when one is going to be appearing before you in court!

Get to know your illicit substances First step is to know your Jub Jub from you Joob Joob Investments (Pty) Ltd v Stocks Mavundla Zek Joint Venture (a civil procedure case that is drier than a Savanna). The former is the tale of a young man known for his greed, swagger, arrogance, and recently, loss of innocence. Nobody cares what the latter-mentioned case is about. Katlego Molemo ‘Jub Jub’ Maarohanye was originally charged with murder and attempted murder, after drag-racing under the influence of drugs and alcohol inevitably went horribly wrong. The murder conviction was later overturned by Judge George Maluleke and replaced with culpable homicide because of the appellant’s altered state of mind, amongst other things. The judge noted: “It is the court’s view that the appellant’s faculties were affected in the sense that their judgment was impaired, thus inducing an exuberant or overoptimistic frame of mind which caused them to take the risks that they did.” The judge here is to be commended on his knowledge of the consequences of mixing cocaine and codeine (the combination which

Jub Jub was believed to have taken). We can only speculate that the judge has watched some Narcos or Breaking Bad for educational purposes. You should do the same.

Technology We all know about Oscar Pistorius and the events that unfolded on Valentine’s Day 2013, which Leach J described as ‘a human tragedy of Shakespearean proportions.’ We turn now to a lesser-discussed aspect of the infamous case: WhatsApp. Some 1709 texts and WhatsApp messages were retrieved from the phones of Oscar Pistorius and Reeva Steenkamp.

Masipa J was forced to grapple with the analysis of calls, texts, and other messages obtained from the pair’s technological devices and decide their admissibility in court. Previously deleted files were obtained from an iPad, a MacBook, two iPhones, and two Blackberries. You don’t want to be caught out like the Lord Chief Justice of the England and Wales Court of Appeal, who recently made a social media gaffe: ‘Anybody who wants to Twitter out, they are welcome to do so.’ As well as familiarising yourself with the Electronic Communications and Transactions Act, you should pick up your grandchild’s iPhone and study its contents with much vigour, too.

Comparative law USA There are few judgments which will ever match that of Californian Judge Standish, which involved a copyright lawsuit against Taylor Swift. Lyrics from one of Swift’s hit songs appeared in the sassy judge’s decision to dismiss the case (try imagining former Justice Albie Sachs doing this in a dissenting judgment!): “The court is not saying that [the claimant] can never, ever, ever get his case back in court ... But, for now, we have got problems and the court is not sure [the claimant] can solve them ... The [claimant] has a blank space – one that requires [the claimant] to do more than write his name ... At least for the moment, the defendant has shaken off this lawsuit.”

As a judge, if you were to compose judgments such as these, mere mortals who listen to the cacophonous sounds of contemporary music will be in awe of your close attention to detail and your ability to speak a

language which they can understand. A nice break from the Latin, no doubt. Thus, if a reference to any area of pop culture is in any way relevant, don’t be afraid to throw it in – it could make a judge fa-mous.

UK To be the best judge you can be, you must be prepared for anything and be willing to go the extra mile. Even if this entails delaying your mid-morning treat of cucumber sandwiches, coffee and gossip with your fellow justices on the steps of the court by a few minutes. This is exactly what the English Judge Birss did in Rihanna v TopShop (2013), in which a Court of Appeal upheld a ban on the store selling a Rihanna ‘tank’ sleeveless T-shirt without her permission. Three appeal judges agreed with an earlier High Court ruling that marketing the fashion item without the singer’s approval amounted to ‘passing off’ (a term used to enforce unregistered trademark rights.) A presiding officer in the case recalled: ‘[It was submitted that] the clothing visible in the T-shirt image was worn in the We Found Love video itself and would also be recognised. [I was] invited to watch the video. I watched it.’

This piece of evidence would surely be admissible and hold much weight in a South African court of law. It would be most important for you as a judge to recognise this and not find yourself in a hopeless place.

The last word of advice I can offer is that it is essential that you dedicate yourself to lifelong learning. Do not hesitate to immerse yourself in the habits of your less-erudite counterparts and exchange analysing police reports for some Fashion Police, roar at the absurdity of every television show which glamorises the legal profession, and dream of the day that Kurt Darren comes before your court, giving you the opportunity for you to use his own lyrics against him.

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Open Access to Law in Africa:

A new frontier for access to justice words by Lauren Gildenhuys

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to the rule of law is the principle that the law must be accessible for those to whom it applies. Citizens must know the law with which they are expected to comply. Further, they must be able to take advantage of their rights, which are located in the Constitution, legislation, and case law.

However, in many African countries, this aspect of the rule of law is significantly weakened by the fact that access to legal information – particularly court judgments and legislation – is limited. Given that most African countries use the precedent system, this obstacle is significant.

As law students in South Africa, we take access to legal information for granted. The cases we need are literally at our fingertips: as long as we’re connected to the internet, a quick search on LexisNexis will give us what we’re looking for in seconds. It is not so easy if one is a law student – or even a lawyer or Judge – based in Sierre Leone or Uganda. Whilst South undamental

Africa and Kenya have up-to-date law reports, almost all other African countries do not. In Namibia and Botswana, cases are reported but currently there is a backlog in the publication of judgments. Critically, these comments cannot be made devoid of historical analysis. It is no coincidence that, for the most part, the African countries with the most up-to-date law reports were settler colonies. In the case of (former) extractive colonies, colonisers had no incentive to develop access to legal information beyond that which was required for colonial rule. It is a typical instance of the phenomenon of underdevelopment that haunts our continent to this day.

The absence of readily available legal information does not only have a crippling effect on the rule of law, but also compromises the operation of the judicial system as a whole. Without access to cases, lawyers cannot adequately serve their clients, judges are more likely to make incorrect decisions, and citizens

are unable to secure administrative justice. The inaccessibility of legal information also makes for a legal environment that is inhospitable to commercial transactions and foreign direct investment. Without ease of access to commercial legislation and case law, foreign investment is discouraged and local businesses are forced to navigate murky legal waters.

However, there does seem to be a small light at the end of the tunnel. In recent years, Legal Information Institutes (LIIs) have been making case law and legislation available to anyone who has an internet connection – and even those who don’t – in over fifteen African countries. Have you ever searched a case on Google, momentarily forgetting that you should be doing a LexisNexis search instead, only to find to your surprise that a full PDF of the case is the first hit? That’s SAFLII (the South African Legal Information Institute), making your life easier. There’s also a ZimLII, a ZamLII, a ULII (Uganda), a SeyLII and a SierraLII, among many others. The difference is, these LIIs provide legal information when the luxury of a LexisNexis search through the SALR isn’t an option. LIIs are web-based institutions, but they are aware of the environmental constraints that their users face. Recently, AfricanLII, which is the umbrella organisation for LIIs across the continent, has worked with SAFLII and the DGRU (Democratic Governance and Rights Unit) to develop a product called Pocket Law – a USB flash drive loaded with thousands of court decisions, and a software which enables it to automatically retrieve the latest judgments every time it is plugged into a computer which has an internet connection. Given that Africa has the world’s fastestgrowing cellular communications industry, with more Africans using GSM and 3G technology to access information everyday, LIIs have made their content mobile-friendly, allowing for a greater user-reach.

Besides the obvious benefits which access to legal information presents – a strengthened rule of law, better-informed citizens, a more secure business

environment, and improved adjudication – open access to law is also valuable from a legal research perspective. Recently, the DGRU used LIIs to gather data for a simple preliminary study which aimed to demonstrate that gender-diverse benches make better judicial decisions than all-male benches. The LIIs were used to search for crimes of passion cases (usually concerning instances of domestic violence) that had gone on appeal. It was found that genderdiverse benches were more likely to reject the accused’s appeals for a lower sentence, whereas allmale benches were more likely to reduce sentences and alter convictions from murder to manslaughter.

Further, when gender-diverse benches did grant an appeal, it was almost always because the court a quo had been faulty in its application of the law – whereas, when all-male benches granted appeals, it was almost always attributable to a more sympathetic reading of the facts. What the trial study has revealed is that the LIIs have enormous potential to facilitate important and insightful research on the state of judicial decision-making and legal systems generally in Africa – a research area that is significantly understudied.

The incredibly important role which LIIs have come to play cannot be overstated. Not only have they made access to legal information a reality in a number of African countries, but more fundamentally, they represent the kinds of innovative home-grown solutions to the unique challenges that the continent faces. One case at a time, the struggle for access to justice in Africa is slowly being advanced.

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The Best Productivity Methods

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hen it’s time to buckle down and get some serious work done, do you have a go-to productivity method

or technique? We’ve compiled a list of some of the best methods out there (by internet consensus) to assist with final exams. Inhale. Exhale. Now get cracking.

The Pomodoro Technique

The Pomodoro Technique was created by Francesco Cirillo back in the early 90s as a way to harness the power of focused work and frequent breaks to be more productive. The method is simple: get a timer and set it for 25 minutes. Start the timer, and start working. Focus on your work, and don’t stop for 25 minutes.

When the timer goes off, stop working and take a short (5 minutes) break. That’s one ‘pomodoro’. Repeat the process, and every four pomodoros, take a longer (15-30 minutes) break to recharge. You’ll feel rested, recharged, and you’ll be encouraged to focus on your work in short, sustained bursts.

Dont Break The Chain

The ‘Don’t Break the Chain’ method is simple: pick something you want to start doing, do it, and then spend the same time every subsequent day doing that thing. Every day you do the thing you want to do, mark it down on a calendar. Over time, that series of marks on the calendar will serve as their own motivation, encouraging you to keep going, and keep doing that thing every day for as long as you can. In essence, don’t break the chain. All you really need to get started is a calendar of some type and a marker.

A n t i -T o -D o L i s t

Do you ever look at your to-do list at the end of a busy day and think, “I didn’t get anything done today”?

It’s pretty disheartening. But more than that, it’s just not true. The odds are you actually did a lot of work — it’s just not reflected in your to-do list. Still, that feeling of disappointment can take a heavy toll on your motivation. Marc Andreessen, co-founder of Netscape, started incorporating an ‘Anti-To-Do List’ into his daily habits to measure his productivity. Every time you do something useful during the day, write it down.

That’s it. Your to-do list is a standard you’ll never live up to consistently, but your Anti-To-Do list is a daily dose of deserved psychological reward. You shouldn’t wait until a project is finished to celebrate what you’ve accomplished, or to savour your progress.

G e tt i n g T h i n g s D o n e (GTD)

The Getting Things Done (GTD) productivity method is based on the book of the same name by David Allen. This method is quite popular and has many supplementary aspects such as to-do apps, seminars, and blogs. You don’t need to use these supplements to be able to use this method as a tool to get organized. GTD is a powerful productivity tool because it forces you to take tasks and ideas out of your head and organize them into physical to-do lists in order of priority and the time required to finish them. Items that can be done quickly should be done sooner and marked off the list. Larger projects are also broken down into smaller tasks that are easier to manage.

My really short summary of the GTD method is this: Take inventory of all the things on your plate, then make a decision about each item. Your options for each item are: Do it (if it takes less than 2 minutes) • Delegate it (if you can) • Schedule it (using a calendar you will be monitoring) • Put it in a “someday” folder (to be referenced monthly or so)

Kanban

Write your tasks for the day on post-its and stick them to a medium-sized white board, divided into READY (work waiting to be done), DOING (i.e. work-in-progress), and DONE (completed tasks). The idea is to move from your backlog of READY into the DOING column, and to keep these works-in-progress to a minimum.

Once a task is done, you can move it to the third column, DONE, and at the end of the day, you’ll have an overview of everything that you completed. If you’re someone who likes to diagram ideas on paper or a whiteboard, this is great system to try. It’s very tactile.

The Underpinnings of South African Legal Education (and the questioning thereof)

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SHED COHEN chatted to JOEL MODIRI, lecturer in the Department of Jurisprudence at the University of Pretoria. He is currently completing his doctoral study concerning the development of a critical race and Africanist theory of law and politics, primarily through an engagement with the ideas of Black Consciousness philosopher, Steve Biko.

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Much has been written about the state of legal education and law schools. You have written at some length on this topic, and have argued that there is a crisis in legal education that is essentially jurisprudential. Can you elaborate on what this means and why it is particularly problematic in the South African context?

I was responding to a discourse that was quite dominant from 2013 onwards, in which lawyers and judges were speaking of a “crisis in legal education”.

The crisis really revolved around whether the LLB sufficiently prepared law students for legal practice, with some reference to social and ethical issues. My sense was that the crisis was being framed in highly technocratic terms: it was linked to practice and to being a productive and marketable graduate, and the preoccupation was about whether the 4-year LLB programme is sufficient. So it was all about making law students better “products”. To my mind, if there was a crisis in legal education, it was a jurisprudential crisis relating to questions of justice; the role of law in a transforming society; the cultural history of

law and legal rules; the coloniality of present legal arrangements; the limits of modern law. It was about cultivating in law students a passion for knowledge and ideals and an aspiration to a more just and ethical social order. It was about law students being able to engage the complexity of social life and human relations, reckoning with the past, as opposed to adopting a technicist and formal sensibility where life is reduced to the narrow doctrines and rules of law. So in one sense the crisis in legal education can be described as the shift from a humanities-oriented legal education (“general jurisprudence”) to an overly professionalised, mechanical legal education (“restricted jurisprudence”). In another sense, the crisis is deeper – how to educate and train students in a discipline (law) that many experience as alienating, elitist and colonial. Law generally operates as a system that preserves the status quo and it is also a product of European colonialism (both Dutch and British – together making up the common law). Indeed, it is a legitimate question to ask whose law is “South African law”, given that – aside from customary law which has been distorted and decimated – it does not emanate from the imagination and cultural experience of the African majority. So the jurisprudential crisis in legal education is: how does one train students in (the) law while also unearthing its problematic history, its hidden cruelties, its dark side.

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You have argued that legal positivism grounds law’s legitimacy in formal reason and procedure, and completely excludes

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ethical and social considerations. However, surely the question “what is law” (which positivists are ‘obsessed’ with) is different to “what should the law be” or “what makes the law legitimate?”

How ‘jurisprudential’ is this crisis then?

It is still very jurisprudential. To my mind, the questions concerning law’s descriptive characteristics (what is…), its normative or ideal characteristics (what ought…), and its legitimating features (what makes…) could all be condensed to one. It is then a jurisprudential or philosophical question. The problem for me concerns the desire in certain forms of positivism and formalism to distinguish the properly legal from the non-legal (morality, politics, history etc). The effect of this on legal education has been the dominance of a technocratic and highly doctrinal rules-based approach to legal education, which generally weakens the ability of our graduates to reason and contextualise problems; to think through complex situations; but most importantly, to detect the historical, structural, ideological and socio-economic underpinnings of the legal problems and issues they are dealing with. My experience even with the smartest of law graduates and academics who exude confidence and clarity when faced with a narrow technical legal question, is that they are often out of their depth and quite dull when faced with sociopolitical and historical questions. So the excessive concern with law, legal rules, technicalities, procedure etc. closes out the possibility of asking other questions – questions of justice, questions of the human, and questions of social existences and relationships. This produces lawyers who are cognitively handicapped.

This can’t be separated from conservative traditions of legal thought that dominated South African legal education – positivism; interpretive formalism; classical liberalism.

with African Philosophy, critical race theory, black existentialism (including Black Consciousness in South Africa), and feminist theory. What unites these divergent traditions is their underlying critical aim – to expose that which is hidden, excluded or forgotten; to bring to the surface issues of power, inequality, and domination, and to develop a radical vision of justice and liberation.

Of course, you could not speak of “critique” in South Africa without mentioning race and coloniality – their historical effects and present legacies. Critical race theory in particular aims to examine the tension between the reality of continuing racial inequality and the promise of a non-racial and egalitarian order.

Many of the present social upheavals are very much linked to this tension and should be investigated from a critical perspective.

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What role does ‘legal practice’ have in your envisaged legal curricula, and how do you intend to balance robust philosophical enquiry and hands-on training? Do you not accept that knowing the conventions of legal practice is as important as law’s philosophical foundations?

That’s an important question but it partly misses the point by drawing a distinction between legal training and philosophical enquiry. The point is that legal training always already involves induction into a certain view of human relations, of politics, of justice, of morality, of the public and private good. It’s just not explicitly brought to the surface of legal studies – which is a problem because then one is engaged in a form of indoctrination – not allowing students to challenge the underlying presuppositions of the content you are teaching. So far the unnamed philosophical perspective of South African legal education has been an amalgam of a largely Western episteme, in You are a proponent of critical legal theory the direction of a liberal-capitalist vision of social – which seeks to reject the view of law as life, with a strong bureaucratic character. These are a fully rational, technically fair and neutral philosophical in nature. What I am suggesting is the body of rules, and argues that law should be need to be more transparent about what was popularly conceived of as having the capacity to injure and called the “inarticulate (philosophical) premises” that oppress, through framing law within a broader underlie legal education in order to contest them. social and discursive context. In South Africa, It does seem that you have assumed, to would you say that the critical component of some extent, the indeterminacy of law our studies is largely absent due to our failure to and the determinacy of moral claims. But include race theory? what about the law that is clear and is amoral?

I would describe myself as a proponent of critical What about the indeterminacy of morality? theory more broadly – critical legal theory is only You criticise ‘a view of legal materials as selfone of the critical traditions I draw on – together revealing and fixed and of law as autonomous

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5

from political, social and moral reasoning’. But some law appears to be just that (for example, the law that we must drive on the left hand side of the road). How do you account for such law within your envisaged curriculum?

Law is indeterminate for me precisely because the terms it relies on (including moral categories) are contested, so I don’t at all assume that morality is determinate. Take abortion, battered-woman syndrome, the death penalty, marijuana, affirmative action, land grabs, corporal punishment, and a whole host of legal issues, which are simultaneously also moral issues. Even logically, the claim concerning law’s indeterminacy arises because of the instability of language, morality, history, and politics. Law as an expression of power is problematic precisely because it codifies as law one moral perspective or political

ideology or cultural framework and silences all others. My concern is not with the trivial and banal law such as in the example you gave, but those aspects of law that affect human relations, social structures, public and private lives, and ideology. I am quite indifferent to that kind of law, but come to think of it, even the legal rule to drive on the left side of the road raises the question of what kind of sanction it should attract when contravened? Then one could ask: was anybody harmed or not? Was the person intoxicated or not? Those are value-judgements concerning the nature and wrongness of the act and will practically affect the liability of offenders. So there might be examples of “clear and amoral” law, but I certainly can’t think of any, since the application of the law (formally and substantively), and attendant sanctions, interpretations and disputes might raise contestable, unclear and morally loaded issues.

JOEL MODIRI

decolonizing the curriculum ‘D

ecolonizing the curriculum’ has been on the agenda of universities across South Africa; however, the pace of transformation has been slow, and sometimes nonexistent, as faculties desperately try to cling on to the past. Whilst physical manifestations of colonialism, such as the names of buildings, have been changed in the name of transformation, the curriculum

remains largely unchanged. Decolonization speaks to psychological emancipation and therefore is based on justice that addresses the epistemic violence of colonial knowledge; for this reason, decolonization is at the center of changing the LLB curriculum.

Decolonization is a political act, and for that reason it needs to be situated within the historical context of South Africa. The history of settler colonialism

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is central to the formation of the South African state; this was a political act based on division, discrimination and dispossession. Law was used as a tool to both legitimize and administer this political agenda. Whilst there have been attempts to transform the legal society, it is still largely dominated by white men, and the demographics of law graduates still don’t adequately represent this country. This speaks to the broader issues of the legal profession historically being both elite and exclusionary. Whilst some mechanisms have been put into place to ensure change – such as the Legal Practice Act, which has created one regulatory body, with the sole purpose of ensuring that legal services are accessible to the public; as well as ensuring unrestricted entry into the profession – there is still resistance from those within the system who want to preserve the status quo.

The disconnect between social transformation and the legal culture in South Africa has filtered down into the academic environment, where a culture of conservatism and hegemonic white-liberal thought dictates how we view our constitutional democracy.

The current curriculum under the ivory tower of academia ensures that students are docile recipients of information; this information also places emphasis on Western legal scholars. This is furthered by the rigidity of the curriculum which is based on dominant ideologies of white cis-hetero patriarchy (read: racism, sexism, gendered-capitalism) and handed down to students in a course reader as authoritative sources that need to be learned by rote. There is an agenda behind this: hegemonic ideologies do not make provision for critical thought, and as a result the curriculum is devoid of the current historical, social and economic context. This is alarming given that the law was historically used as a tool of political and economic domination.

Since our legal system is entangled with the roots of colonialism, and at one point became an extension of it, it is important that emphasis be placed on radical social justice within the academic environment in order for change to materialize. This starts with dismissing notions of colonialism and development as being inherently linked, and demystifying our romanticization of the past. Decolonization of the legal curriculum should be used as a sensitization tool instead of as a tool of preservation. It should be a lens for a more radically imagined sense of justice.

Whilst the definition of radical social justice differs from person to person, at the heart of it is the reversal of colonization, dispossession and the de-valuing of indigenous knowledge. This, of course, entails land redistribution and reparation. Our role as future

legal practitioners is to ensure that radical social transformation happens in our life time. Whilst UCT does not have the sole prerogative for designing the legal curriculum, it has enough autonomy to ensure that the curriculum is reflective of the socio-political context in which we are currently situated. So, we need to ask ourselves: what does it mean to be Africa’s best university when our curriculum still reflects epistemic coloniality which only values western-male legal thought? For the above reasons, it is essential that psychological change accompanies physical transformation and that the prevailing ideologies of white cis-hetero patriarchy are questioned and contested in the legal sphere. Colonialism was a multifaceted system of oppression, and for that reason decolonization needs to be informed by what feminist-legal theorist Kimberlé Crenshaw termed Intersectionality. This is the concept of systemic oppression being both racialized and gendered. It also refers to the phenomenon of ‘othering’ anything which does not conform to white cis-hetero patriarchy. If we are to move towards a society in which systems of oppression are dismantled, we need to push for a decolonial agenda in every sphere – we need to be able to cut the strings of colonialism and sincerely embark on the process of decolonization. Contrary to the assumption that has dominated the discourse around transformation at the university, change is not always quantifiable. Decolonizing the LLB curriculum is crucial to the process of radical social change; it is here in this academic environment that a culture of justice can be fostered so that radical social change happens in our lifetime.

words by Priyanka Naidoo

CASINO ROYALE THE 2016 FINAL YEAR LAW DANCE

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dance committee was formed in 2015 with a composition of 14 final year students.

We came together with a tremendous task ahead of us; one which needed us to commit our time and energy to plan and organize the event intended to celebrate the final lap in our pursuit of a law degree.

We hosted a beer pong and pub quiz event for fundraising purposes. The support from the class was evident in the numbers that came through to participate and contribute towards raising funds for the event.

Students who hadn’t socialized before appreciated the opportunity to engage in social spaces outside of the lecture theatre. We also hosted an event after our final June test so that the class could de-stress and relax together. These events all encouraged inclusivity and a sense of belonging to the “Class of 2016”, which in turn ensured that tickets for the actual dance sold out.

The Dean of Law, in collaboration with the dance committee, spearheaded an auction which received overwhelming support from the law faculty staff, alumni and student body. The Dean played an active role in ensuring that the event was a huge success.

The dance committee worked tirelessly with every single detail, from fundraising to the theme, décor and music for the night. Each and every detail was ventured into with consideration of the needs and desires of our colleagues. We sold a total of 290 tickets to the dance (we have a class of 231 finalists), so it is safe to say that we won over the class’s support for the event. he

At the dance we enjoyed a delicious 3-course meal, a hilarious class award ceremony, some heartfelt speeches from our LSC President, the Dean of Law and the final year coordinator, and of course, we danced the night away!

All in all, it was a great night spent forgetting our tremendous workload and putting aside the anxiety of the end approaching.

I was proud to oversee the work of the dance committee. I am proud of their efforts and accomplishments, and I am honoured to have served the class in my term of office.

The dance was a huge success!

Some feedback from members of the class on the dance: “The dance was great, it allowed the class to relax and get far more comfortable with each other outside of the classroom space. The dance committee deserves lots of praise for their hard work” -Darryl Scotsman.

“One word: Bekumnandi. It was lovely to get to know people outside of the lecture theatre and to relax far away from anything law related. Thank you to the dance committee - you were A1.”~ Nonhlanhla Mohlaba “Thank you to the dance committee for making a spectacular effort. Had a lekker evening!” ~ Marc Borchardt

Silindile Mhlongo Student Life Representative 2016

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THANK YOU & FAREWELL to the Altum Sonatur Committee of 2016 by

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Alex Swanepoel: Deputy Editor-in-Chief

is wretched, to say the least, that the time has finally come to bid good luck and good night to the most creative, ingenuous, innovative, intellectual, hard-hitting editorial team UCT has ever seen. Please hold your gushing tears back just long enough to make it through this sombre and heartfelt farewell.

Well, not quite. The 2016 Altum Sonatur committee inherited a legacy of prolific ideas, writers and editors from the previous teams headed by Steffi Busch (2015), Kevin Minofu (2014) and Kwadwo Owusu (2013). The only hope Altum Sonatur 2016 had, this year, was to at least do some justice to the witty legalistic brand that had grown so profusely and exponentially in the faculty over the past several years.

We hope we did.

There are always mixed emotions at the very end of something – ah, how quickly time passes, one says with nostalgia! But also, thank the heavens for the reprieve before final exams, which are stressful and exhausting enough! I am in two minds myself, weighing up leaving the comforts of the known against the exciting yet uncertain future. However, I think the one thing that the 2016 committee will all agree on is that we will miss working with each other terribly.

I would especially like to thank my Editor-in-Chief, Prashanti, for being the best teammate and partner anyone could ever wish for during the final year of their LLB. P, you make me laugh a lot and you’re super smart. Your obsession with Star Wars and white rabbits is honestly inspiring. And how someone can be such a comic fan/dork whilst being extremely gorgeous, and generous of mind and spirit, has been breathtaking to learn from and behold. I hope my hundreds of voice notes placated some of the stress over the past year. t

There have been many laughs and memories made this year, not least whilst playing Cards Against Humanity during the evenings in the law faculty staffroom. Furthermore, Eshed’s expressionless face in our first official committee photograph (in which the rest of us looked incredibly happy and excited to be working together) will forever haunt me when I try to go to sleep at night. I sincerely hope you find some inner peace without us in final year.

To our darling senior Eds, Emma, Sophie, Eshed and Viv – thank you for your endless patience in chasing down our sometimes-elusive writers and bringing out the best in them. Lauren (due to be Deputy this coming term), you unequivocally slay the game of fine-tooth-combing and editing every edition to perfection to ensure no grammatical error is left standing. Siphokazi, you’re the Queen of organization and note-taking during rushed and panicked meetings.

Kelsey, your witty sense of humour brightened every edition. Lynn was an angel for hustling sponsorship money all year long, and Zanalee, you were an absolute wizard with your ability to stir up social media. Thandiwe, our fantastic agent on the ground, you made sure Altum captured the voices of the faculty, and always came forward with brilliant ideas for each edition. Last, but definitely not least, the mag would not be where it is today without the dynamic duo that is Cait and Denver. I humbly salute each and every one of our committee for dedicating their time, energy and motivation to the cause throughout the year.

Finally, we would all like to thank you, dear reader, for picking up our carefully crafted and curated expressions of thought each term, and for not showing, too visibly, your disappointment if we bored you along the way. We strived to be relevant and impactful, and we sincerely hope we made your daily Kramer experience just a little bit more enjoyable.

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magazine contributors

Prashanti Ramnanan

Eshed Cohen

Alex Swanepoel

Thandiwe Seboletswe

Kelsey Pailman

Caitlin Harvey

Daniel Sive

Priyanka Naidoo

Lauren Gildenhuys

Emma Johannes

Sophie Robertson

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