bluuebunny/crossref_metadata_2025 huggingface dataset:
IMPLEMENTABLE POLICY CONSIDERATIONS IN THE ADVANCEMENT OF OFFICIAL INDIGENOUS AFRICAN LANGUAGES AS MEDIUMS OF INSTRUCTION AT INSTITUTIONS OF HIGHER EDUCATION
Authors: Svicevic Marko
Published: July 2021

This article attempts to analyse a single aspect of the #FeesMustFall movement, namely, university language policies. The research problem is defined as an unjustifiable underdevelopment of indigenous African languages as mediums of instruction at institutions of higher education. The research problem is situated with defective university language policies. Firstly, most current language policies detract from a national framework on the advancement of indigenous African languages. Secondly, most current university language policies have no clear implementation plan and the advancement of their specified African indigenous language(s) remains unrealised. This underdevelopment of indigenous African languages can also be attributed to the ‘Anglicisation’ of the higher education sphere. Finally, this paper utilises and builds on the Language Policy for Higher Education and a 2005 Ministerial Committee Report on the development of indigenous African languages in universities, ultimately proposing implementable policy considerations in (re)addressing the underdevelopment of indigenous African languages as mediums of instruction across all public institutions of higher education.
THE EFFECTS OF PUBLIC PARTICIPATION ON ENVIRONMENTAL IMPACT ASSESSMENT
Authors: Kock Amori
Published: July 2021

With this research, I aim to address the practical aspect of legal compliance most major industry companies struggle to obtain. In South Africa, there seems to be an issue relating to legal compliance of environmental authorisations given by the Department of Environmental Affairs and Tourism (DEAT). Companies, specifically those companies which have a significant impact on the nonrenewable resources, are burdened with legal requirements that cannot be met, whether it be unreasonable or practically impossible to obtain. With every project undertaken by these companies an Environmental Management Plan (EMP) must be issued (by the company itself) outlining the expectations and limitations of the proposed project through an Environmental Impact Assessment (EIA) that clearly summarises the intended development and its impact. Should the EMP be accepted by the Regional Manager, a Scoping Report will be provided, by the applicant, clearly outlining the legal requirements and limitations placed on the proposed project. These conditions are mostly vague, as to what is expected or uncertain of how it should be achieved
TOWARD AN ETHICALLY ORGANIC JURISPRUDENCE: A PARADIGMATIC RE-IMAGINING OF SOUTH AFRICAN CONSTITUTIONALISM
Authors: Hennop Louis G.
Published: July 2021

The goal of this essay will be to posit an adapted conception of jurisprudence particular to the contemporary South African context and the needs incumbent on a post-apartheid transformative society. Constitutional jurisprudence has succeeded in many endeavours since the inception of the final constitution in 1996, taking great strides in the promotion of a fair, just and equal society. Through transformative adjudication 3 in the judiciary, see the decisions of the courts in cases like Fourie4 and Grootboom5 as examples of the judiciary intervening to promote the values of the constitution in the application of the law. As well as legislative practices like the enactment of the PAJA6 and Employment Equity7 acts, which endeavour to bring the wide values set out in the constitution into the ambit of everyday legal practice.
EXPOSING THE TRUE ARGUMENT, A STUDENT’S RESPONSE TO DR WILLEM GRAVETT: ‘PERICLES SHOULD LEARN TO FIX A LEAKY PIPE’*
Authors: Klopper Antonie
Published: July 2021

The purpose of this article is not to come to the defence of the individual academics that Gravett has decided to criticise, for they can surely defend themselves. I wish only to make clear the importance of the work they are doing as a way to point critics of the current system away from their colleagues and onto the legal education system at large, which is the real obstacle standing in the way of Trial Advocacy. This article superficially only argues that the there is no real threat to a destruction of the antithesis between theory and practice and that few oppose this position. Subsequent articles will hopefully answer to the underlying concerns Gravett poses to the critical thinking, constitutionalism and transformative constitutionalism are possibly breaking down the rule of law etc; WH Gravett ‘Pericles should learn to fix a leaky pipe — Why trial advocacy should become part of the LLB curriculum (Part 1)’ (2018) 21 Potchefstroom Electronic Law Journal (PER/PELJ) at 4.
TOWARDS LAND RESTITUTION THROUGH AN AFRICAN PERSPECTIVE ON JUSTICE: A CRITICAL ANALYSIS OF LAND REFORM AND THE ROLE OF RE-IMAGINATION
Authors: Mohwaduba Mathabo
Published: July 2021

The issue of land reform lies at the heart of African pride and dignity. However, colonisation leads to the systematic deprivation of land among the conquered people, as Ramose calls them. Ramose states that colonisation and racism were a dehumanising product of an unjust system, land deprivation being a sub-product of that system.1 Ramose calls it a double injustice in an unjust war. A system of injustice where the conquered was denied the basic courtesy of humanity by the conqueror. Apartheid and colonisation were the draconian systems that denied an entire people the ability to be regarded as an equal. However, the most tragic legacy left by apartheid and colonisation is the denying of conquered people their unique way of life and culture which is intertwined and dependant on land. The focus of this article is ascertaining what an African perspective to justice is and why it is needed as the primary premise in resolving land reform matters. Most importantly I will be looking at case law to assess whether South African courts are starting to turn to an African perspective to justice when dealing specifically with land wars in post-apartheid South Africa. I will also emphasise the need for our judicial system to re-imagine land and reform outside from what it is ordinarily understood to be in European norms.
DAMAGES FOR ADULTERY: A LEGAL MISFIT OR A NECESSITY?
Authors: Ndebele Shantel E.
Published: July 2021

To attempt any debate or discussion on the law of adultery in a Roman Dutch common law jurisdiction, without tracing the development of the law in this regard under Roman law would be a gross injustice. This is because the common law in Zimbabwe is largely Roman Dutch law with graftings of English principles.1 This is the law that was applied at the Cape of Good Hope as at 10 June 1891, as evidenced by section 89 of the old Zimbabwe Constitution.2 It would be of no benefit to explore English Law in this discussion for the simple reason that in England, all references to adultery have been deleted from the law.3 It is no longer a crime, no longer gives rise to a third party claim for delictual damages and is no longer included in the divorce statutes.4 Since Roman Dutch law is the foundation of our common law, it is important to understand the lex Julia which was the cornerstone of matrimonial law under Roman law.5 The lex Julia was an ancient Roman Law which was a moral code of conduct. It was a creation of patriarchy. Roman law was sometimes extreme when it came to adultery and it gave the husband powers of self-help.6 One cannot over-emphasise how serious adultery was perceived in the Roman law society. Adultery was a crime so serious that it attracted a severe punishment, sometimes even capital punishment, and this could be executed either by the couples’ guardian or the husband.7 Although murder is an unfathomable punishment for any marital misdemeanour, adultery included, it was justifiable under the circumstances.8 The law cannot however afford to stay stagnant hence, these ancient harsh penalties no longer find a place in our current Zimbabwean society as shall be highlighted below.
YOUTH UNEMPLOYMENT: WHAT ROLE CAN CORPORATE SOCIAL RESPONSIBILITY (CSR) PLAY IN CURBING THIS SOCIAL ILL IN SWAZILAND (ESWATINI) AND SOUTH AFRICA?
Authors: Mavundla Simangele D.
Published: July 2021

This profound academic opinion advocates for youth employment by clearly arguing that even though the African Youth Charter (AYC) is not binding on states in as much as on corporates/businesses, at international law these same corporates/businesses have a role to play in ensuring that youth unemployment is curbed through invoking Corporate Social Responsibility (CSR). It will be argued that CSR is no longer only associated with philanthropy, but it is now part and parcel of promoting and protecting human rights in communities where businesses operate, such that they cannot turn a blind eye to social ills such as youth unemployment.
A CONSTITUTIONAL DEMOCRACY SHOULD PROVIDE FOR THE LEGALISATION OF ORGAN TRADING
Authors: Murray Bianca ]
Published: July 2021

The choice before us is not between buying or not buying organs.1 This is happening regardless of the law. The choice is whether transplant operations and the sale of organs will be regulated or not.’2 It is in light of this statement that I propose a legalised system of organ trading. Desperate people will turn to the black market regardless of the law. If organ trading could be regulated, we can protect all parties involved and ensure that they get the benefit they deserve.3 A very important factor of this way of procuring organs is that it will curb the organ shortage organ shortage. The waiting period for an organ transplant in South Africa is 5-11 years. Approximately 50% of people die while being on a waiting list for an organ transplant.4 While there is such a dire need for organs, research has shown that only 0.2% of South Africans are organ donors.5 Something must be done to motivate more people to become organ donors. While the need for organs grows daily, the black market is flourishing. As none of the organ procurement systems in other countries are successful enough to provide the need for organs, our only viable option might be to implement a payment system. When closely regulated, the system of organ trading can be an enormous success.
THE COST ASPECT OF MEDICAL EXPERT WITNESSES AND THE POSSIBLE INTRODUCTION OF A MEDICAL EXPERT WITNESS PANEL IN SOUTH AFRICA
Authors: Tratschler Emma
Published: July 2021

This article is underscored by the importance of expect witnesses on court cases but also the realisation that expert witnesses are often beyond the means of those who need them. An analogy is drawn between the pro bono work that legal practitioners must do and the idea that medical practitioners can serve as expert witnesses as part of their pro bono work. This article will critically evaluate whether medical practitioners should be required to give themselves a certain number of pro bono hours to serve as expert witnesses.
THE IMPACT OF THE 4th INDUSTRIAL REVOLUTION ON THE EMPLOYMENT RELATIONSHIP AND ADAPTIVE SKILLS REQUIREMENTS
Authors: Sepeng Odirile
Published: July 2021

This article reflects on the possible future of labour law as a response to industrialisation, particularly the 4IR. First, I discuss the origin of the industrial revolution by reflecting on the first three industrial revolutions and the present 4IR. Second, I reflect on; 1) the possible impact of the 4IR on the employment relationship and 2) the new and/or adaptive skills requirements. Third, I present recommendations to respond to the fast-changing pace of labour and industrialisation suggested by the World Economic Forum (WEF). I thereafter conclude that the 4IR may be used as a vehicle to promote a socially affirmative interpretation of fairness in the labour context. This promotes a constitutional obligation to protect the interests of workers, in light of technological advancement, that have the potential to widen the income inequality gap.
THE ROLE OF LAW AND GOVERNANCE IN ADVANCING CLIMATE RESILIENCE AND CLIMATE JUSTICE
Authors: Olufolajimi Otitoola
Published: July 2021

Climate change is a threat to the earth and sustainable development. There is no country in the world that is not experiencing first-hand, the drastic effects of climate change.7 Indeed, a large section of the global population already suffers or is in some way affected by the adverse effects of climate change, including its impacts on agriculture, aquaculture, livelihoods, biological diversity, health and a broad range of human rights. Although the impacts of climate change are felt globally, developing countries will bear the brunt of their social, economic and environmental effects.
THE FEMINIST AGENDA, A FALL OF HIERARCHAL REDRESS OR AN ATTEMPT TO ESTABLISHING AN ‘EQUAL’ SOCIETY GONE WRONG: AN INTERNAL CRITIQUE TO FEMINIST THEORIES
Authors: Motshweni Simon
Published: July 2021

The aim of this paper is to interrogate the post-1994 feminist approaches to jurisprudential discourse. This interrogation will include a consideration as to whether critical instead of ‘traditional’ feminist theories contribute in transforming or decolonising South African law and jurisprudence. It is my suggestion that the inquiry to address ‘gender equality’ before and without addressing issues of racism and racial classism simultaneously in South Africa contributes effectively to the continued marginalisation of black women. As such, my position attempts to engage with the critical feminist approaches in order to address the prejudices that traditional feminist approaches impose on black women. The focal theoretical point of departure for this interrogation is critical race feminism.2 Critical race feminism proposes a progressive initiative for addressing the inconsistencies embodied within the traditional feminist approaches and is thus suitable for the South African post-apartheid context as it may trigger ‘transformative possibilities’.3 It is my contention that in order to address the marginalisation of black women, the traditional feminist approaches (such as the dominant feminist approaches) must be done away with for they are a hindrance to legal reform, as they prejudice the very structure they claim to protect.
TRANSFORMATIVE LEGAL EDUCATION IN THE SOUTH AFRICAN CONTEXT
Authors: Maphosa Ropafadzo , Nhlapo Nomathole
Published: July 2021

The late former Justice of the Constitutional Court of the Republic of South Africa, Pius Langa, opined that a truly transformative South Africa requires a new approach that places the Constitutional dream at the very heart of legal education. This view is consistent with section 29 of the Constitution which guarantees everyone the right to further education. However, the state has failed to make further (or tertiary) education progressively available and accessible. We believe this can be attributed to the fact that the South African legal education is still riddled with inequalities from the apartheid/colonial era. This article argues that decolonisation of legal education will begin when teachers of the law become cognizant of the reality that their teaching models will shape the future legal landscape, thus it is imperative for law schools to birth law graduates with an unwavering appreciation and willingness to implement constitutional values, such as human dignity and equality in practice. The advancement of these values is enhanced by the Africanisation of legal education which will ultimately legitimize the legal order so that it mirrors the society in which it exists.
EXTRAPOLATING THE ROLE OF TRANSFORMATIVE CONSTITUTIONALISM IN THE DECOLONISATION AND AFRICANISATION OF LEGAL EDUCATION IN SOUTH AFRICA
Authors: Mudau Paul , Mtonga Sibabalo
Published: July 2021

This article extrapolates the role of transformative constitutionalism in the decolonisation and African of legal education in South Africa. In a constitutionally mandated transformative context, the systematic approach to the decolonisation and Africanisation of legal education advanced in this article emanates from the four drivers of curriculum transformation set out in the 2017 document entitled ‘Reimagining curricula for a just university in a vibrant democracy — Work stream on curriculum transformation at the University of Pretoria’. These four drivers are: responsiveness to social context; epistemological diversity; renewal of pedagogy and classroom practices; and an institutional culture of openness and critical reflection. Presently, South African universities do not have an existing national framework for a decolonised and Africanised legal education. The article therefore argues that the UP Document contains valuable guidelines on curriculum transformation of legal education as it resonates well with the objectives of both the National LLB Standard and transformative constitutionalism itself. As result, the universities which offer legal education in conjunction with key stakeholders and role-players in the legal fraternity can incorporate its valuable guidelines in National Review of the LLB programme through a proper design of constitutionally transformed framework for a decolonised and Africanised legal education.
BREAKING THE LANGUAGE BARRIER IN LEGAL EDUCATION: A METHOD FOR AFRICANISING LEGAL EDUCATION
Authors: Dladla Thokozani
Published: July 2021

Section 6 of the Constitution of the Republic of South Africa, 1996 recognises eleven official languages of the Republic and further requires the State to take practical steps to advance the use of African languages. The Statistics South Africa 2017/18 report shows that most South Africans’ first language are African languages. Despite this reality and the constitutional imperatives, the South African Bachelor of Laws (LLB) curriculum does not prescribe any African language as a compulsory course, and very few sources of law are in an African language. Some law schools do offer some African languages as an elective. However, it is submitted that this is not sufficient. Experience has shown that the inability to articulate oneself in English can be a barrier to completing the LLB degree in regulation-time and admission to legal practice. Furthermore, it is submitted that the Chief Justice 2017 Directive, in which Chief Justice Mogoeng declared English as the only language of record in South African courts, does not address the language problems experienced by court staff. Instead it simply perpetuates the Eurocentric legal system. This is because it counters the advancement and use of African languages envisaged by the Constitution. This article investigates how the failure to advance multilingualism in the current LLB curriculum can disadvantage law students going to practice. It is proposed that law schools begin to address this issue by introducing two innovations. First, it is suggested that law schools make at least one African language a compulsory course. For English first language speakers in particular, this arrangement will strengthen their understanding of the sociological context in which the law operates. Second, it is proposed that each law school should choose an African language that is predominantly spoken in their geographical area and partner with schools of languages to translate sources of law. For African first language speakers in particular, this will assist them in understanding legal concepts better. Translations of legal texts may also allow for law schools to teach the law in the local African language.
THE CONSTITUTIONALITY OF WARRANTLESS SEARCH AND SEIZURE OPERATIO
Authors: January Lehlohonolo
Published: July 2021

This research will thus consider whether or not section 22 of CPA is inconsistent with the spirit, purport and object of the Constitution. To provide a brief overview of this paper; the introduction will illuminate the aim of the research followed by an examination of what constitutes ‘search’ and ‘seizure’ in terms of CPA. The paper will thereafter consider the existing jurisprudence on search and seizure operations and elucidate the manner in which search and seizure operations affect certain rights in the Bill of Rights. An examination of search and seizure operations under Canadian law will be conducted with the paper culminating in a conclusion containing recommendations regarding the enforcement of search and seizure operations.
SPEAK NO LAW WITHOUT JUSTICE: EVALUATING THE RETROSPECTIVE FORCE OF DECLARATIONS OF UNCONSTITUTIONALITY WITH SPECIFIC REFERENCE TO QWELANE V SAHRC & OTHERS (686/2018) [2019] ZASCA 167
Authors: Fourie MP , Swart Marno
Published: July 2021

On 29 November 2019 the Supreme Court of Appeal handed down judgment in Qwelane v SAHRC & Others1 (Qwelane) wherein the notorious hate speech prohibition, section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act2 (PEPUDA), was declared unconstitutional and invalid. This decision, predicted by many and applauded by some,3 now awaits confirmation by the Constitutional Court. However, the focus of this article pertains not so much to the merits of the decision in Qwelane, but to the (possible) retrospective force of this judgment and more broadly to declarations of unconstitutionality and their retrospectivity in general. This article will evaluate whether or not it can be regarded as just and equitable to limit the retrospectivity of the Qwelane decision. This will be done by examining case law of a similar nature and by exploring the array of decisions taken under section 10 of PEPUDA. This inquiry will also consider the possibility of a special judicial arrangement to be made by the Constitutional Court, as well as some practical considerations that have to be regarded such as costs and the applicable procedural law. The arguments put forward are also applicable to future declarations of unconstitutionality. The task of the courts is rarely easy and their orders often inconvenient; more so where the injustice was caused by the very instrument that was formulated to protect our fundamental rights — the law. Yet, the severity of the task at hand should never move our judiciary to speak law without justice. For this purpose the current article will firstly examine the facts of Qwelane and thereafter we will discuss the theoretical underpinning of declarations of unconstitutionality and constitutional changes in this regard. This will be followed by an analysis of case law in which the retrospectivity of declarations of unconstitutionality was significant, whereafter the nature and scope of decisions taken under section 10 of PEPUDA will be evaluated. The injustice of (potentially) limiting the retrospectivity of Qwelane will then be considered and finally, the article will conclude by looking at certain procedural matters.
NEOLIBERALISM AND INEQUALITY IN POSTAPARTHEID SOUTH AFRICA
Authors: Mfete Thabiso Mfete
Published: July 2021

The article will uncover how socio-economic inequality is prevalent in our democratic dispensation using mainly two theories: Critical Race Theory and Critical Legal Studies. The latter theories provide the lens through which we can evaluate, analyse, and criticise neoliberal policies in our contemporary society. I will argue that it is preposterous to theorise and understand neoliberalism and race as two separate entities that sometimes interconnect.2 The article will outline how race and neoliberalism are co-constitutive.3 In explaining the concept of neoliberalism, the article will also answer pertinent questions arising in South Africa’s contemporary context such as: why do the black- majority remain structurally poor in ‘post-apartheid’ South Africa when it is thought to be the best and most progressive constitution (with first 1st, 2nd, and 3rd general rights) in the world? And who benefits from these policies since socioeconomic inequalities have deepened? Lastly, I will come up with a well-thought alternative that best fits our democratic dispensation.
THE GABRIEL FERNANDEZ CASE: A COMPARATIVE ANALYSIS OF A ‘MANDATED REPORTER’ IN LIGHT OF THE CHILDREN’S ACT
Authors: Subroyen Thiavna
Published: July 2021

An analysis of the Gabriel Fernandez case will be presented in chronological order from 2012 to 2013 of the periods in which reports of abuse were made by various parties to the Los Angeles County Department of Children and Family Services (DCFS). Further scrutiny will be given to responses of the four social workers in their failure to respond to the reports and failure to take reasonable action to ensure the safety of the child and their intention to falsify records which had resulted in the death of Gabriel Fernandez on 23 May 2013. The social workers were charged with a section 273 Penal Code violation for child endangerment and were faced with a penalty of ten-year imprisonment if they were found guilty. This analysis will examine the final judgment that was handed down in January 2020 in which all charges were dismissed. The discussion of events leading up to Fernandez's death must be considered with the failure of social services in intervening and upholding the paramount interests of a child in an event where their rights may be violated, and where such environments may pose a risk to their health and safety. This paper then seeks to expand upon the discussion of the Gabriel Fernandez case in illustrating: firstly, the aspects which make up a mandated reporter in the case of child abuse. Secondly, the roles or obligations similar to the mandated report in the context of South African law, primarily, the Children's Act and thirdly, a comparative analysis against South African law, to determine if the Appellate Court was correct in its decision to acquit the social workers involved in the Gabriel Fernandez case.
THE PAS DE DEUX BETWEEN EDUCATION AND RECREATION: FACILITATING THE REALISATION OF ARTICLES 11 AND 12 OF THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD IN SCHOOLS
Authors: Khoza Thandeka N. , Zuma Cebolenkosi
Published: July 2021

The argument which will be advanced in this article is that African children would benefit from accessing schools which offer them an education infused with recreational activity, through the creation of space and time for recreational activity within the school day. To this end, it will be suggested that crafting curricula which include recreational activity, specifically in the form of dance, will assist to improve the quality of education available to African children. It is argued that this proposed curriculum is a move towards the provision of the quality education demanded by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in its Agenda 2040 for Children’s Rights in Africa (Agenda 2040).14 In order to do this, this article will first explore the content of article 11, which relates to the right to education. Thereafter, it will move to unpack the meaning of article 12, which deals with the right to recreational activity, as well as its implications. This article will then give a short account of the links between these provisions, within the context of the best interests of the child. Finally, the paper will conclude with a summary of its formulation, particularly within the context of Agenda 2040.
ABALONE POACHING: A PHILOSOPHICAL APPROACH
Authors: Carr Lauren
Published: July 2021

The question that I raise is whether one’s judgment, in other words, knowing the difference between right and wrong, can be clouded by monetary rewards, especially with regard to criminal activity. I take a philosophical approach with specific focus on the environmental concern of abalone poaching. I draw parallels and theoretical answers from Karl E Klare’s ‘Legal culture and transformative constitutionalism’, James Boyd White’s ‘Justice in tension: an expression of law and the legal mind’, John Dugard’s ‘The judicial process, positivism and civil liberty’ and the theories of judgment of Hannah Arendt. Environmental crime is a rising epidemic, especially in South Africa. I argue that not enough attention is paid to such crimes. Sensational crimes seem to have an increased popularity in the press and environmental crimes seem to go deprioritised. There appears to be very few viable solutions for crimes that yield great economic returns. In the mind of the offender, the motivation of great economic returns can be said to override the sense of morality or judgment.
ARENDT’S THEORY OF JUDGMENT FOR A POSTAPARTHEID SOUTH AFRICA
Authors: Furniss Cara
Published: July 2021

In this essay I will attempt to examine the ways in which judgment as described by Arendt, could have be applied to the decision of the court in Three Rivers Ratepayers Association v Northern Metropolitan in order to reach a more just decision than the court a quo. The court a quo ordered the eviction of a group of homeless individuals from land owned by the applicants. The evicted group was destitute and the court order made no mention of assisting them in finding alternative accommodation. From this situation, I will infer that an application of Arendt’s theory of judgment may lead to a space where homelessness, poverty or class disempowerment can be addressed, ultimately resulting in a new sense of justice in postapartheid South Africa. I will apply Arendt’s theory alongside the theories of Boyd White exemplified in his reference to ‘tensions’, Dugard’s disillusion with the formalism within the South African judiciary and Klare’s notion of ‘transformative constitutionalism’. These four theorists will collectively demonstrate how the decision in the court in the Three Rivers case failed to employ a more careful process of judgment thus neglecting an important opportunity to encourage the development of judgment as an art where the creation of justice is a real possibility.
A COMPARATIVE CONSTITUTIONAL ANALYSIS OF THE RIGHT TO LIFE IN AFRICA
Authors: Kruger Petronell , Ramalakana Nomfundo
Published: July 2021

This article provides a brief study of the constitutional protection of the right to life in Africa. This entails looking at the provisions on the right to life contained in various constitutions of African States, as well as jurisprudence on the matter of the right to life, and a comparison with the relevant international standards (United Nations and African Union). This article is based on a clinical group led by Prof Christof Heyns, the United Nations (UN) Special Rapporteur on extrajudicial, summary or arbitrary executions. The focus of the clinical group was issues surrounding the right to life as envisaged in his mandate.
NEGOTIATIONS ON A TRADE AND COMPETITION POLICY UNDER THE AUSPICES OF THE WORLD TRADE ORGANIZATION: AN INDIAN PERSPECTIVE OF EMERGING ISSUES
Authors: Khanderia-Yadav Saloni
Published: July 2021

The purpose of this paper is to develop an understanding of the Indian perspectives concerning the regulation of competition policy by the WTO, which would in turn require understanding the country’s perspectives at various Ministerial Conferences and its experience with competition policy in the first place.
CONSTRUCTION AND ENGINEERING LAW IN SOUTH AFRICA: A FUNDAMENTAL GAP IN THE LLB CURRICULUM?
Authors: Joubert Quinton
Published: July 2021

Construction companies throughout South Africa have continuously been active in major projects, the building of new power plants such as Medupi, new road networks, stadiums for the 2010 soccer world cup that was held in South Africa as well as the building of the tunnels and bridges that now host the Gautrain. The extent of communication technology has also seen a growth in recent years and thus calls for further infrastructure by service providers in this area. The environmental conscience of South Africans and many companies in the search for alternative energy sources has also led to a further growth in ‘green’ technology which is more efficient and productive.3 More examples of construction projects include but are not limited to the building of various malls, roads, residential houses, lying out of pipelines, and a number of other engineering feats, etcetera.
EDITORS’ NOTE
Authors: Allison Alicia
Published: July 2021

Words fail to describe what an honour it has been to have been part of the ninth edition of the Pretoria Student Law Review. The sense of satisfaction is overwhelming in this being the third edition I have had the privilege to be a part of. Having spent three years as part of this publication I cannot begin to describe and expand upon all that I have learnt in this time, but one thing which I guarantee is the bright and prosperous future of the legal profession of South Africa. With each successive edition I see a thirst and hunger for knowledge from law students, each year those yearnings becoming more intense and providing us with the most thought provoking and well-founded articles. The desire to challenge the status quo, to reject the notions of complacency and outright refusal of facile thought is truly something all these writers should be proud of and us along with them. To read and to write is the essence of not only thought, but of life itself.
THE IMPOSSIBILITY TO BE ‘LOST IN TRANSFORMATION’
Authors: Van der Walt JJ
Published: July 2021

The purpose of this work is an attempt to argue that South Africa as a society cannot be lost in transformation, but that the process of transformation can be misguided or ineffective is, in my opinion, irrefutable. Because of our particular history, equality jurisprudence will be used as the subject matter to indicate whether our society can be lost in transformation. In the first instance, I discuss the condictiones sine quo non of post-apartheid South African equality jurisprudence in the second part. Thereafter, in the third part, the aspirational end — the achievement of equality — serves to identify, through our constitutional values and section 9 of the Constitution, three power relations which require addressing for our society to transform. With reference to Legal feminism, Critical Race Theory and Queer Theory, patriarchy, white supremacy and heteronormativity are identified as power relations that are the, current, object of transformation in our society.
LIABILITY IN SPACE LAW: QUESTIONS ON PRACTICAL APPLICATION OF ABSOLUTE AND FAULT LIABILITY
Authors: Masie Sewela , Morris Kaitlin
Published: July 2021

With modern advances in technology, mankind is now faced with new legal problems and situations previously unanticipated. Space law in particular is relevant as, while most of the documents were drafted and assented to in the mid 1990’s, there have since been great advances in space exploration and technology. This means that potential situations exist which are not expressly provided for in International Space Law. Therefore, since the answers for hypothetical questions cannot always be found explicitly in space law, we will be relying on the sources of international law listed in article 38(1) of the International Court of Justice Statutes, namely international conventions, international custom, general principles of law and judicial decisions and teachings.1 The rules of the Vienna Convention regarding the interpretation of Treaties must also be kept in mind, including that a state is obliged to refrain from acts that would defeat the object and purpose of a treaty that it has ratified. There are therefore two main questions that will be discussed in this article: whether a state can be held absolutely liable for its actions if it, in changing the course of an asteroid affect the area of damage and whether a state can be held liable on the basis of fault for damage caused by its space craft to another space craft if the damage was anticipated and the second state was warned not to be in that specific location.
Peran Lembaga Amil Zakat, Infaq dan Shadaqah Muhammadiyah (Lazismu) Banjarnegara dalam Meningkatkan Perekonomian Kaum Dhuafa
Authors: Sri Apriliyani  , Malik Zaini Abdul , Surahman Maman
Published: July 2021

Abstract. The role of zakat is very important, for that the amil zakat institution is a mandate of responsibility in managing zakat. The purpose of this study was to determine, Firstly the Role of Zakat in Increasing Empowerment, Secondly the Role of the Amil Zakat Institution, Infaq and Sadaqah Muhammadiyah Banjarnegara in enhancing empowerment in carrying out its programs relating to the economic empowerment of the people, especially the poor. The type of data analysis used in this study is a qualitative descriptive analysis, with field research specifications. The results of this study indicate that the role of the Amil zakat, infaq and shadaqah institutions in improving the economy of the poor is to use productive zakat funds as a program in the form of venture capital distributed by the LAZISMU Banjarnegara. And there is a change in economic improvement mustahiq after getting productive zakat funds with the qharhul hasan contract (benevolent loans).

Abstrak. Peran zakat sangat penting, untuk itu lembaga amil zakat merupakan amanah tanggung jawab dalam pengelolaan zakat. Tujuan penelitian ini adalah untuk mengetahui, Pertama Peran Zakat dalam peningkatan pemberdayaan, Kedua Peran Lembaga Amil Zakat, infaq dan Shadaqah Muhammadiyah Banjarnegara dalam peningkatan pemberdayaan melaksanakan programnya yang berkaitan dengan pemberdayaan ekonomi umat khususnya kaum dhuafa. Jenis analisa data yang digunakan dalam penelitian ini adalah analisis deskriptif kualitatif, dengan spesifikasi penelitian field research (penelitian lapangan). Hasil dari penelitian ini menunjukkan bahwa peran dari Lembaga Amil zakat, infaq dan shadaqah dalam meningkatkan perekonomian kaum dhuafa yaitu dengan memanfaatkan dana zakat produktif salah satu program dalam bentuk modal usaha yang disalurkan oleh pihak LAZISMU Banjarnegara. Dan adanya perubahan peningkatan ekonomi mustahiq setelah mendapatkan dana zakat produktif dengan akad qharhul hasan (pinjaman kebajikan).
Analisis Fikih Muamalah terhadap Pemikiran M. Dawam Rahardjo Mengenai Bunga Bank
Authors: Ramdaniar Eka Syirfana  , Nurhasanah Neneng , Ibrahim Mohamad Andri
Published: July 2021

Abstract. The difference of opinion regarding interest whether including usury or not is very diverse and very sharp, there are those who think it is can and some who think it is can not. The difference is related to understanding illat. Placement on the chronology of the decline of usury verses is one of the points that determine a ulama's final opinion on bank interest. Similarly, Dawam Rahardjo whose opinion is different from most scholars. Based on these problems, the formulation of the problem and the purpose of this study is to Know How the Law of Islamic Law about Interest. M. Dawam Rahardjo's view of interest. And a review or criticism of Muamalah's Jurisprudence towards the opinion of M. Dawam Rahardjo regarding interest. The method of this research is qualitative, and data collection uses the documentation method by finding and studying books or other sources such as previous research or other sources relating to interest. The results of this study note that (1) Interest is in addition to the principal loan. Contrary to QS. Ar-Rum: 39 & QS. Al-Baqarah: 279. (2) The element of volunteerism as a reason for allowing interest is contrary to the QS. An-Nisa: 161 (3) Inflation as a reason for allowing interest is contrary to. QS. Ar-Rum: 39 (4) Ad'afan muda'afan in interest is contrary to the QS. Al-Baqarah: 278.

Abstrak. Perbedaan pendapat mengenai bunga bank apakah termasuk riba atau bukan sangat beragam dan sangat tajam, ada yang berpendapat boleh dan ada yang berpendapat tidak boleh. Perbedaan tersebut berkaitan dengan pemahaman illat hukum. Penempatan terhadap kronologis turunnya ayat riba merupakan satu diantara poin yang menentukan suatu pendapat akhir ulama tentang bunga bank. Sama halnya dengan Dawam Rahardjo yang pendapatnya berbeda dengan ulama kebanyakan. Berdasarkan permasalahan tersebut maka rumusan masalah dan tujuan dari penelitian ini adalah Untuk Mengetahui Bagaimana Hukum Fikih Muamalah tentang Bunga Bank. Pandangan M. Dawam Rahardjo mengenai Bunga Bank. Dan Tinjauan atau Kritik Fikih Muamalah terhadap Pendapat M. Dawam Rahardjo mengenai Bunga Bank. Metode penelitian ini adalah kualitatif, dan pengumpulan data menggunakan metode dokumentasi dengan mencari dan mempelajari buku-buku ataupun sumber lain seperti penelitian terdahulu ataupun sumber lainnya yang berkaitan dengan bunga bank. Hasil dari penelitian ini diketahui bahwa Bunga Bank menurut Hukum Fikih Muamalah haram karena memiliki persamaan ilat hukum dengan riba. Bunga Bank menurut M. Dawam Rahardjo boleh karena beliau lebih melihat dari sisi moralitas, ayat pelarangan riba beliau lebih menekankan pada pelarangan berlipat ganda. Tinjauan atau Kritik Hukum Fikih Muamalah terhadap Pendapat M. Dawam Rahardjo mengenai Bunga Bank, yaitu beliau tidak mengemukakan bagaimana persamaan bunga bank dan interest menurut beliau.
Linguostilistic analysis of the short story by Leonid Andreev "Petka at the Dacha" (to the 150th anniversary of the birth)
Authors: Shumarina M. R.
Published: July 2021

The paper attempts to perform philological commenting on one of the most well-known Leonid Andreev’s short stories "Petka at the Dacha". Linguostylistic analysis enabled the author to discuss the specific features of the images of time, space and the characters in their language representation. The system of the conceptual oppositions "non-childhood – childhood", "dirty – clean", "gloomy – light", "dead – alive", "slow – fast", "ignorance – awareness", "existence – life" is the centrepiece of the inner text composition. The description of the boy’s behaviour, his relationships with those around him and the changes in his inner world creates the basic opposition of the two spheres in the protagonist’s life – "childhood" versus "non-childhood". Shifting viewpoints, subjectivation of the author’s speech and the use of imperfect predicates are important for the narrative structure organisation. Studying the key images of the work and comparing the elements which comprise its circular plot structure (the introduction and ending) allow the author to conclude that the ending strikes an optimistic note and generates a life-asserting pathos.
"Maiden Offence is Victory’s Sister": the mythosemantics of personified names in P. G. Antokolsky’s poetry (to the 125th anniversary of the birth)
Authors: Uryupin I. S.
Published: July 2021

The paper explores personification of common nouns and their imaginative-philosophical semantisation in the transition to the class of proper nouns. This stylistic device is systemic for the creative work of P. G. Antokolsky, one of outstanding Russian literary artists. The aim of the study is to identify the nature and contensive-semantic parameters of the personification of names because the poet’s process and result of world perception are concentrated in these parameters. The structural-semantic, holistic-systemic, historical-functional methods in conjunction with elements of the motif and hermeneutic analyses of literary texts in a variety of contexts (mythopoetic, historical-cultural, ethico-aesthetic) were employed to achieve this goal. The phenomenon of ontologisation of the concepts micro- and macrocosm is a characteristic feature of P. G. Antokolsky’s poetry. These concepts become independent poetic images possessing anthropomorphic qualities. Such images (e. g. Life, Time, History, Tragedy) emerged as a result of the author’s artistic generalisations. They accumulated concepts which are not infrequently verbalised with abstract vocabulary. The images acquired human qualities, became a crucial part of the narrative structure and were incorporated in broader paradigmatic and syntagmatic relations in the poet’s literary work. The most striking example of name personification is found in P. G. Antokolsky’s poem "Maiden Offence". In this piece, the mythosemantics of the main image (i. e. the author’s lyrical addressee) is determined in close connection with the artist’s historiosophic stance.
L. S. Vygotsky’s cultural-historical theory: globalisation, post-non-classical paradigm and digitalisation
Authors: Pishchalnikova V. А.
Published: July 2021

L. S. Vygotsky’s cultural-historical theory postulates the underlying unity of psychological and social factors contributing to the formation of man. It explains both internal factors determining the evolution of consciousness and social trends in social development. The paper highlights the role of L. S. Vygotsky’s theory in the interpretation of the changes in the modern human consciousness. These changes are caused by new culture tools of knowledge building currently created in the information space. The author emphasises the following ideas proposed by L. S. Vygotsky: 1) signs are functionally analogous to tools; 2) culture intentionally creates objects to realise its communicative-significative function; 3) sign utilization leads to the formation of fundamentally new associative bonds in the brain. Such bonds create a novel regulatory mechanism of human behaviour; 4) social determination of man is achieved with the help of signs; 5) the formation and functioning of mind depend on the means of thought and individual sociocultural experience; 6) ‘socialised speech’ influences the evolution of inner speech as a specific type of thinking-in-words and the logic of thinking; 7) the historical evolution of human culture plays the key role in the formation and functioning of individual psyches; 8) due to sign usage the nature of human evolution changed from biological to sociohistorical; consequently, mankind’s evolution significantly depends on the signs used by individuals. Modern digital technologies actively generate signs whose nature is contrary to verbal ones. The process of globalisation and the values of the post-non-classical mindset sustain generation of such signs. Globalisation creates a standardised and maximally regimented reality, which contributes to the reinforcement of reduplication as the socially approved way of knowledge use. What is more, globalisation requires revision of the traditional humanistic values and customs. Post-non-classical thinking enhances individuals’ feelings of insecurity and uncertainty, thus nearly making them act within the framework of conventional behavioural and mental models.