JJS 2008 Special Issue

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Now showing 1 - 7 of 7
  • ItemOpen Access
    Integrating theory and practice in the LLB curriculum: some reflections
    (Faculty of Law, University of the Free State, 2008) Swanepoel, C. F.; Karels, M.; Bezuidenhout, I.
    English: The debate regarding the ideal outcomes for tertiary legal education has been a topic of national and international discourse for a long time. One of the aspects of this debate is whether legal theory and practical legal skills education should be integrated, and if so, how this should be achieved. It is common knowledge that since the inclusion of skills courses in the LLB curriculum, notably the clinical law courses, there has been progress in South Africa towards moving to a curriculum that integrates theory and practical legal skills. This article argues that there are compelling reasons in the South African context that integration of theory and skills should indeed occur in tertiary legal education, but that such an occurrence should not place the sole burden on skills courses alone.
  • ItemOpen Access
    Failure to discharge. A discussion of the insufficient legal recourse afforded to judgment debtors in the South African context
    (Faculty of Law, University of the Free State, 2008) Van der Merwe, S. J. H.
    English: University Legal Aid Clinics are often confronted with aspects of the law which are quite alien to those faced by our colleagues in private practice. One such area is that of assisting judgment debtors who have fallen afoul of disreputable and often immoral money lenders and other judgment creditors. These creditors unilaterally charge exuberant and unlawful fees for interest and 'legal' costs, where amounts are simply added to the judgments ex post facto. The issue of discharge then becomes hugely problematic as the courts do not mero motu step in to cancel emoluments attachment orders and other tools of collection employed by these creditors. It is argued that the South African legal system, including legislation in this regard, lends insufficient protection and recourse to indigent legal aid clients faced with this situation.
  • ItemOpen Access
    Law clinics at African universities: an overview of the service delivery component with passing references to experiences in South and South-East Asia
    (Faculty of Law, University of the Free State, 2008) McQuoi-Mason, D
    English: Modern forms of live client university law clinics developed in South Africa, Zimbabwe, Ethiopia, Tanzania and Uganda during the 1970's, in Botswana and Nigeria in the 19BO's, in Kenya in the 1990's, and in Lesotho, Zambia, Mozambique, Malawi, Rwanda, Somaliland and Sierra Leone during the new millenium. Not all the clinics survived and several have been recently revived. Some law clinics are student-run, several are run by universities on a voluntary basis, and more recently many have been incorporated into the formal law faculty or law school curriculum. Most of the African law clinics are general practice advice clinics, a few engage in specialist or public interest work, and even fewer undertake litigation. The majority operate on university campuses, but some involve farming students out to other agencies, and a few operate off-campus. Many of the clinical programmes also include a legal literacy or Street law component. A component missing from most African law clinic programmes is the South and South East Asian 'community law clinic' concept - a model that could be ideally suited to many African countries. These models have been successfully applied in the Philippines, India and Bangladesh and require law students to live with the local people in poor or vulnerable communities - often in rural areas; to identify the legal and social problems faced by the communities; to develop solutions to the community's problems together with the community; and in some instances, to publish the results of their research and proposed solutions. For many middle class law students living and working with disadvantaged or marginalised communities has proved to be a life-changing experience. The socio-economic environment of many South and South East Asian countries mirrors those of most African countries and the 'community law clinic' model is well worth consideration by African law faculties and law schools.
  • ItemOpen Access
    Diversity in provision of clinical legal education (CLE): a strength or weakness in an integrated programme of curriculum development?
    (Faculty of Law, University of the Free State, 2008) Iya, P. F.
    English: In a paper published in the International Journal for Clinical Legal Education of 2000 (No 1 of November 2000), the result of a survey that was carried under the sub-title "country studies" relating to the provision of clinical legal education in a number of African countries, was analysed. In the concluding remarks, an argument was made for a "progressive integrated and holistic skills development programme in university law school curricula" possibly in Africa. The question which now needs serious reflection is whether such an integrated and holistic clinical legal education programme for Africa and indeed around the world is practically possible, given such diverse factors like structures, mechanisms and other variables employed in delivering clinical legal education in the different jurisdictions globally. In this study, therefore, we shall examine inter alia diversity as a concept; explore the possibility of contextualising the debates on diversity in the arena of curricula for CLE; establish and analyse the strengths and weaknesses of diversity in the context of CLE; and showcase the experience of some universities in Africa engaged in streamlining their curricula for clinical legal education. In particular, we shall focus the discussion by examining the challenges and lessons to be learnt in developing an integrated CLE curriculum in South Africa. This is contextually significant, given issues and factors relating to globalisation in the context of South Africa's emerging new dispensation characterised by a highly multicultural society and her new constitutional and democratic order. By engaging in such a debate and addressing the above and other related issues it is hoped that sufficient arguments will have been generated and will continue to be developed to provoke more thoughts and deeper reflection in the area of diversity and curriculum development in South Africa in particular and in other jurisdictions generally.
  • ItemOpen Access
    'But, where is the halaal food?' An appraisal of diversity teaching in clinical law programmes in South African clinics
    (Faculty of Law, University of the Free State, 2008) Vawda, Y.
    English: South Africa is renowned for its racial, cultural, linguistic and ethnic diversity. Our new democratic dispensation further aims to affirm this diversity, both in terms of the values underlying the Constitution as well as in the various programmes, policies and practices found in the public domain. In the tertiary education context and in particular within the law degree, much of the responsibility of teaching diversity issues falls on law clinics because of their access to the broader community through client service and other outreach activities. To what extent are they succeeding? This article explores the extent to which issues of diversity have been integrated into our clinical education programmes; the types of issues which arise in the course of our clinical work, and the measures that are in place in order to meet the challenges. It is based on an empirical study of South African law clinics, conducted between April and June 2007. It provides statistics, highlights some key problems and concerns, and concludes with recommendations for the further and structured integration of diversity issues in clinical curricula.
  • ItemOpen Access
    United in our challenges - should the model used in clinical legal education be reviewed?
    (Faculty of Law, University of the Free State, 2008) Mahomed, S. H.
    English: The University of the Witwatersrand Law Clinic has used the in-house real-client model of clinical legal education since 1973. Now, 30 years later, the author reflects on the challenges that this model poses, particularly in light of the evolution of clinical teaching in the 21 '' century. This paper considers various models used in clinical teaching, with particular emphasis on the "real-client" model as used in clinical teaching at the University of the Witwatersrand Law Clinic. Various challenges posed by this model are identified and discussed. In conclusion certain recommendations are put forward on how to deal with these challenges.
  • ItemOpen Access
    Divorce: achieving social justice through clinical legal education
    (Faculty of Law, University of the Free State, 2008) Du Plessis, M. A.
    English: In achieving social justice, a law clinic has to strike a balance between teaching of students and service to its clients. Divorce, as a simple service case, proves to be a good learning vehicle for students, whilst affording their clients social justice. The different systems of marriage and divorce, both in the past and present, the different divorce courts and litigation methodology are discussed. Bearing this is mind, the question of whether universities are failing in educating students to become lawyers, is analysed and solutions are sought through clinical legal education, using the model of divorce proceedings.