Graduation Issue Graduation

Total Page:16

File Type:pdf, Size:1020Kb

Graduation Issue Graduation April - June 2018 April - June #NEWS FOR US, BY US tag Twinning in Grad In Pictures Academia Top Achievers: One-on-one with How they Made It Prolific PhD Graduate Graduation Issue , # Editors note contents April-June2018 any will agree that one of the greatest periods in X PO O PS the calendar of an institution of higher learning V Vox Pops: What Mis graduation season. This is a joyous time makes you a characterised by the resounding ululations of parents as proud UNIZULU 3 their children descend the graduation stage and the cheers graduate? of the audience as graduates mark their victory with a dance. It is in such moments that the financial sacrifices of parents and the time graduates invested in their studies finally pay off. To some families, witnessing a family member graduate Top Education symbolises an end to poverty while to some it serves as Graduate in awe of inspiration to the younger generation. Accomplishment 4 During these periods also, the fundamental role higher education institutions play in shaping future leaders and altering the destinies of families is reinforced. The University of Zululand takes pleasure in the fact that it has Verusha Naidoo once again - in the 2018 UNIZULU Graduations- produced a class of graduates with the potential to become worthy Destined for contributors to our society. #tag congratulates the graduates Greatness 6 of 2018 and wishes them well in their journey ahead. We trust that they will be great ambassadors of this great institution. Wise men say it is not a crime to state the obvious so we would like to formally present to you the Graduation Issue. Nduduzo Jam-packed with inspirational content, this issue features Shandu slowly stories of top students from all our faculties (pages 4 to 7), carving his way 7 words of wisdom from a few of the guest speakers during to Success the recent graduation period (page 13) and our much-loved collage (pages 8 and 9), among other exciting stories. Remember to inform us of any interesting student related stories you may have knowledge of. You may either visit the Graduation 2018 Communications and Marketing Division, Admin Building, 8 ground floor or email us at [email protected] or [email protected] Happy reading. Interview with Editorial Team PhD Graduate Naledi Hlefane, Precious Shamase, Sphamandla Gumede, Malik Khan 11 Lydia Meyer, Veronica Botha, Samkele Sokhela and Hlumelo Nyikana Photography Law Twin Graduates Sphamandla Gumede and Samkele Sokhela Attributes Achievement to Neighbour 13 2 #tag # Vox pops What makes you a proud UNIZULU graduate? “UNIZULU is an institution that is full “The level of education at UNIZULU “I am a proud UNIZULU graduate of vibrant and enthusiastic people, is the first thing that makes me a because of the skills I acquired through who are diverse in culture but, at proud graduate of the institution. studying at this institution. The lecturers the same time, united in purpose The lecturers are excellent; they train imparted a wealth of knowledge to and goal. This makes me so proud you to work hard for your degree. us in order to equip us for the field of to be a product of such a university. The institution also has a friendly education. Mine is to now make sure that I also like how accommodative the environment and the residences I make use of these skills. I’m also proud University is. I will even make sure are well organised for students to to be associated with an institution that that my offspring comes to this study. I’m thankful for everything caters for everyone. I came here in need university too.” that the University has done for me. of funding and accommodation and I’m a proud UNIZULU graduate also staff helped us resolve those issues on - Sphelele Jiyane because the University offers a wide time. You know, you find that in some Master of Arts range of extracurricular activities.” universities students drop out because - Sandile Ngema of financial issues but UNIZULU makes Bachelor of Arts Honours sure that they fight for you as a student.” - Xolani France Xulu Bachelor of Education “I am a proud UNIZULU graduate because I am confident that I have gained adequate knowledge about my field and I am fit for “I’m proud to be a UNIZULU graduate the workplace. I have also gained because the University is so rich in interpersonal skills from UNIZULU. culture. I will forever cherish the “I’m proud to be a graduate of I leave the University happy and happy moments I shared with my UNIZULU because of the cultural with pride because I am a product of friends on campus as it was in those diversity that the University has. This lecturers like Dr Maxwell Shamase moments that my character was is an institution that makes one feel and Gift Marovatsanga, who not shaped. Because of this institution, I at home, welcomed and it provides only lecture you, but inspire you to have come to learn to always have a a good environment to study and aim high as well.” positive outlook on life.” prosper.” -Luyanda Ngcobo - Nonkululeko Mbokazi - Lisa Marais Bachelor of Arts Bachelor of Arts Bachelor of Laws 3 #tag Top Education Graduate # in Awe of Accomplishment Khanyisile Majola (24) has been a top achiever her entire schooling life yet she couldn’t fathom how she managed to top all her peers in the Faculty of Education. “I absolutely cannot believe it,” the Ulundi-born graduate said cheerfully. “I’m asking myself ‘why me?’. I mean, I was among thousands of students in my faculty yet I came up top. It’s unbelievable,” she said. Majola graduated with a Bachelor of Education: Intermediate and Senior Phase degree during the 2018 UNIZULU Graduations. She is amongst five graduates in her Faculty whose outstanding academic performance was considered and approved by the UNIZULU SENEX for the 2018 UNIZULU Graduation Ceremonies. As a token of appreciation from the office of the Vice-Chancellor, Majola, together with the other four top graduates, received a brand new laptop which was specially handed over to her by the Vice-Chancellor, Professor Xoliswa Mtose on the day of her graduation. Pictured: Khanyisile Majola (middle) as she receives a brand new laptop from For the graduate, this achievement UNIZULU Vice-Chancellor, Professor Xoliswa Mtose (left), for her sterling could not have been possible performance in her academic programme and the Faculty of Education as a without the unwavering support whole. Also pictured is Professor Mncedisi Maphalala, the Dean of the Faculty of her father, family, lecturers and of Education. one high school teacher. “All the who ignited her love for Physical now imparting her knowledge to motivation, support and love from Science. grade 12 Physical Science learners my family and community made at Phumanyova High School in me believe in the common saying In Majola, the field of education Nongoma, where she is currently that ‘it takes a village to raise a has truly gained a passionate employed. child’. I am grateful to Mr Talasi, Dr professional to whom teaching Of her future plans, the graduate Masoalane, Mr Ngwenya, Dr Pillay comes naturally. The young woman said, “I believe there is still much and many of my other lecturers said she realised her calling while more out there for me. This is just for teaching me independence and she was still in high school, where the beginning.” She added that reinforcing the notion of effort she was always surrounded by her obtaining higher qualifications is yielding success,” Majola said, also peers who required tutoring in definitely in the pipeline. acknowledging the role played by Mathematics and Physical Science. Sindi Nene, the high school teacher Majola said she is ecstatic as she is - Naledi Hlefane 4 #tag Hard work Earned Ntokozo GILILI TOP ACHIEVER AWARD Ntokozo Gilili graduated top of the Faculty of Arts with a Diploma in Public Relations Management and made history as the first person to obtain a higher education qualification in her family during the recent graduation season, thus making 2018 a year of firsts for her. “I have never been a top achiever before. I have always underestimated my potential and capabilities,” a shocked Gilili said. “When I saw my name on the graduation programme, I was overwhelmed. I worked extremely hard but I did not think I would end up where I ended off. My sleepless nights were not in vain,” she added. Like the majority of South Africans, the phenomenon of living from hand to mouth is a reality for Gilili. Her father retired fifteen years ago thus the family lives off of her self-employed mother’s menial income. Coming from such a done. “Ms Gilili is one among continues to apply her knowledge background, Gilili knew that being many other students who passed in pursuit of excellence,” dedicated in her academics would with distinction. Her dedication Dr Naidoo said. see her graduating and ultimately and hard work have placed her as Gilili is currently pursuing a changing her family’s financial the highest achiever [in the Faculty Bachelor of Technology in Public status. Indeed, she reaped the fruits of Arts]. Her commitment to her Relations Management at Durban of her hard labour by obtaining studies serves as a great motivation University of Technology (DUT). sixteen distinctions for her for all our students. We are certain She advised undergraduate qualification, an accomplishment that she will indeed continue to students never to miss lectures as her parents are very proud of. shine in her future endeavours. well as to make use of the tutors Dr Kevin Naidoo, Senior Lecturer On behalf of the staff of the available to them as that is what and Acting Head of the Department Department of Communication contributed to her success.
Recommended publications
  • Appointments to South Africa's Constitutional Court Since 1994
    Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994.
    [Show full text]
  • Download 2014 Annual Report
    Faculty of Law 2014 Centre for ANNUAL Faculty of Law Human Rights REPORT 2 The Centre for Human Rights, based at the Faculty of Law, CONTENTS University of Pretoria, is both an academic department and a non- DIRECTOR’S MESSAGE 4 governmental organisation. ACADEMIC PROGRAMMES 6 The Centre was established in the Faculty of Law, University of Pretoria, in 1986, as part of domestic efforts against the apartheid system of the time. RESEARCH 8 The Centre for Human Rights works towards human rights education in Africa, a greater awareness of human rights, the wide dissemination of publications on human rights in Africa, and the improvement of the PROJECTS 10 rights of women, people living with HIV, indigenous peoples, sexual minorities and other disadvantaged or marginalised persons or groups across the continent. PUBLICATIONS 31 Over the years, the Centre has positioned itself in an unmatched network of practising and academic lawyers, national and international civil servants and human rights practitioners across the entire continent, with a CENTRE PERSONNEL 33 specific focus on human rights law in Africa, and international development law in general. Today, a wide network of Centre alumni contribute in numerous ways to the advancement and strengthening STAFF ACTIVITES 36 of human rights and democracy all over the Africa continent, and even further afield. FUNDING 40 In 2006, the Centre for Human Rights was awarded the UNESCO Prize for Human Rights Education, with particular recognition for the African Human Rights Moot Court Competition and the LLM in Human Rights and Democratisation in Africa. In 2012, the Centre for Human Rights was awarded the 2012 African Union Human Rights Prize.
    [Show full text]
  • Top Court Trims Executive Power Over Hawks
    Legalbrief | your legal news hub Sunday 26 September 2021 Top court trims executive power over Hawks The Constitutional Court has not only agreed that legislation governing the Hawks does not provide adequate independence for the corruption-busting unit, it has 'deleted' the defective sections, notes Legalbrief. It found parts of the legislation that governs the specialist corruption-busting body unconstitutional, because they did not sufficiently insulate it from potential executive interference. This, notes a Business Day report, is the second time the court has found the legislation governing the Hawks, which replaced the Scorpions, unconstitutional for not being independent enough. The first time, the court sent it back to Parliament to fix. This time the court did the fixing, by cutting out the offending words and sections. The report says the idea behind the surgery on the South African Police Service (SAPS) Act was to ensure it had sufficient structural and operational independence, a constitutional requirement. In a majority judgment, Chief Justice Mogoeng Mogoeng said: 'Our anti-corruption agency is not required to be absolutely independent. It, however, has to be adequately independent. 'And that must be evidenced by both its structural and operational autonomy.' The judgment resolved two cases initially brought separately - one by businessman Hugh Glenister, the other by the Helen Suzman Foundation (HSF), notes Business Day. Because both cases challenged the Hawks legislation on the grounds of independence, the two were joined. Glenister's case - that the Hawks could never be independent while located in the SAPS, which was rife with corruption - was rejected by the court.
    [Show full text]
  • JSC Rejects Hlophe Bid for Recusal of Five Members
    Legalbrief | your legal news hub Thursday 30 September 2021 JSC rejects Hlophe bid for recusal of five members The Judicial Service Commission (JSC) will for the first time hold an inquiry that could be the prelude to the impeachment of a judge, after it rejected a request that five of its members should recuse themselves, says a report in the The Sunday Independent. The JSC, which met at the weekend to consider the complaints by the Constitutional Court and Cape Judge President John Hlophe, found that in view of the 'conflict of fact' on papers before it, oral evidence would be required from both sides. The report quotes an unnamed leading senior counsel as saying: 'The inquiry that is going to be held is of huge importance. If this matter is proved, it is difficult to imagine anything more serious.' The request for recusal by counsel for Hlophe was based on concerns that he would not get a fair hearing because last year the five had felt the Judge President should face a gross misconduct inquiry relating to his 'moonlighting' for the Oasis group of companies. At the time, during the Oasis matter, the JSC had been split largely on racial lines, and it was Chief Justice Pius Langa who cast the deciding vote that saw Hlophe escape an inquiry that could have led to his impeachment. According to a report on the News24 site, JSC spokesperson Marumo Moerane said both parties made presentations regarding the future conduct of the matter. He said notice of the date and venue of the oral hearing would be made known once arrangements had been finalised.
    [Show full text]
  • The Struggle for the Rule of Law in South Africa
    NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 1 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 5 Judicial Independence and the Transition to Democracy January 2016 The Struggle for the Rule of Law in South Africa STEPHEN ELLMANN Martin Professor of Law at New York Law School Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation STEPHEN ELLMANN, The Struggle for the Rule of Law in South Africa, 60 N.Y.L. SCH. L. REV. (2015-2016). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 VOLUME 60 | 2015/16 Stephen Ellmann The Struggle for the Rule of Law in South Africa 60 N.Y.L. Sch. L. Rev. 57 (2015–2016) ABOUT THE AUTHOR: Stephen Ellmann is Martin Professor of Law at New York Law School. The author thanks the other presenters, commentators, and attenders of the “Courts Against Corruption” panel, on November 16, 2014, for their insights. www.nylslawreview.com 57 THE STRUGGLE FOR THE RULE OF LAW IN SOUTH AFRICA NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 I. INTRODUCTION The blight of apartheid was partly its horrendous discrimination, but also its lawlessness. South Africa was lawless in the bluntest sense, as its rulers maintained their power with the help of death squads and torturers.1 But it was also lawless, or at least unlawful, in a broader and more pervasive way: the rule of law did not hold in South Africa.
    [Show full text]
  • The Judiciary As a Site of the Struggle for Political Power: a South African Perspective
    The judiciary as a site of the struggle for political power: A South African perspective Freddy Mnyongani: [email protected] Department of Jurisprudence, University of South Africa (UNISA) 1. Introduction In any system of government, the judiciary occupies a vulnerable position. While it is itself vulnerable to domination by the ruling party, the judiciary must at all times try to be independent as it executes its task of protecting the weak and vulnerable of any society. History has however shown that in most African countries, the judiciary has on a number of occasions succumbed to the domination of the ruling power. The struggle to stay in power by the ruling elite is waged, among others, in the courts where laws are interpreted and applied by judges who see their role as the maintenance of the status quo. To date, a typical biography of a post-independence liberation leader turned president would make reference to a time spent in jail during the struggle for liberation.1 In the post-independence Sub-Saharan Africa, the situation regarding the role of the judiciary has not changed much. The imprisonment of opposition leaders, especially closer to elections continues to be a common occurrence. If not that, potential opponents are subjected to charges that are nothing but a display of power and might. An additional factor relates to the disputes surrounding election results, which inevitably end up in court. The role of the judiciary in mediating these disputes, which are highly political in nature, becomes crucial. As the tension heats up, the debate regarding the appointment of judges, their ideological background and their independence or lack thereof, become fodder for the media.
    [Show full text]
  • Do Women on South Africa's Courts Make a Difference?
    Do Women on South Africa’s Courts Make a Difference? Do Women on South Africa’s Courts Make a Difference? *By Ruth B. Cowan Research assistance provided by Colleen Normile Women’s presence on the bench in South Africa began in 1994 with the end of apartheid. As Justice Yvonne Mokgoro observes in the documentary Courting Justice, during the hundreds of preceding years “ I guess there was no thought that women could also serve.” More accurately, what kept women off the bench were the thoughts that women , unsuited by nature, could never serve. The post apartheid Constitution, setting forth a human rights- based constitutional democracy, dismissed these notions and mandated the consideration of women when making judicial appointments. The appointments were to be made to what was now to be an independent judiciary. The apartheid judiciary had not been independent—its charge was to assure the validation of apartheid’s legislation, executive regulations and official actions. Yet, these courts were to be retained, as were the judges and court personnel whose record was hostile to the very human rights which the judiciary was now charged to protect. The Constitution did create one new court ; i.e., the Constitutional Court . It was charged with and limited to considering cases in which constitutional issues were raised. Given the continued engagement of the apartheid judges --all but two of whom were white males and almost all of whom were energetic in support of apartheid’s oppressive and repressive laws and brutal actions, the transformation of the judiciary by race and gender was and continues to be verbally embraced as a high priority.
    [Show full text]
  • Deputy Chief Justice Interview of Justice RMM Zond
    Judicial Service Commission interviews 3 April 2017. Constitutional Court: Deputy Chief Justice Interview of Justice R M M Zondo DISCLAMER: These detailed unofficial transcripts were compiled to the best of the abilities of the monitor. However due to capacity constraints they have not been fully edited. We have therefore made the video recordings available that were taken during the interviews available. Those wishing to cite or quote from the transcript are encouraged to check accuracy with reference to the video file. Chairperson, Chief Justice Mogoeng Mogoeng: Good morning, Justice Zondo. Justice Zondo: Good morning Chief Justice, good morning commissioners. Mogoeng: Maybe I should ask you what I ask all candidates – Are you a bit nervous or not? Zondo: Despite the fact that I am coming to this commission for the seventh time, yes I am a bit nervous. Mogoeng: I need to declare that I have known you since we met in 1981 as first year students at the University of Zululand, and more importantly that we have been friends ever since. Commissioner Didiza: Thank you Chief Justice. I also want to declare that I have known Judge Zondo for a long time as a family friend. Mogoeng: Where were you born? Zondo: I was born at Ixopo in KZN. 1 I was one of at some stage nine children. I was the third and my father worked in Johannesburg so we lived with my mother most of the time. My father came home only very irregularly so that most of the time it was my mother who took care of us.
    [Show full text]
  • A Better North-West University Starts Here 2012 Annual Report
    A BETTER NORTH-WEST UNIVERSITY STARTS HERE 2012 ANNUAL REPORT It all starts here ™ CONTENTS 3 Report of the Chairperson of Council 15 Council report on corporate governance 24 Senate Report 55 Report of the Institutional Forum 57 Report of the Vice-Chancellor 100 Campus overview: Mafikeng 110 Campus overview: Potchefstroom 123 Campus overview: Vaal Triangle 132 Report on internal/operational structures and controls 134 Report on risk exposure and assessment 136 Report of the Chairperson of the Finance Committee and Executive Director: Finance and Facilities 144 Consolidated Financial statements for the year ended 31 December 2012 145 List of abbreviations Note: The content of the annual report has been restructured strictly in accordance with the Regulations for Annual Reporting for Higher Education institutions (footnotes refer to specifics contained in the Regulations). 1 VISION, MISSION AND VALUES VISION To be a pre-eminent university in Africa, driven by the pursuit of knowledge and innovation. VALUES The North-West University subscribes to the values of human dignity, equality, freedom, integrity, tolerance, respect, commitment to excellence, scholarly engagement, academic freedom and justice. MISSION To become a balanced teaching-learning and research university and to im- plement its expertise in an innovative way. This the institution will achieve as it lives its values, strives for sound management and pursues transformation, while being locally engaged, nationally relevant and internationally recog- nised. The mission elements comprise positioning, core-business and effective management: POSITIONING Mission element 1: Work towards increased unity as a value-driven mul- ti-campus institution with diversified niche markets that transforms continual- ly in terms of positioning, academic profile, equity and redress in order to help meet the needs of Southern Africa.
    [Show full text]
  • Judiciary Newsletter March 2018
    The Judiciary March 2018 CCJA Bureau Meets in Durban Enhancing Judicial Accountability The State Capture Commission CONTENTS Editorial Staff and Contributors. 2 CCJA Bureau Meeting Editors Judge President John Hlophe & 4 Justice receives Biko-Fanon Award Judge President Dunstan Mlambo. Writers Lindo Nkomonde; Pfunzo 5 Justice Nkabinde retires Mafenya, and Yvonne van Niekerk. 6 State of the Nation 2018 Photographers Cornelius Silaule, Pfunzo Mafeny and Murendeni Mugivhi. 7 State Capture Commission Thanks To Judicial Contributors 10 Enhancing Judicial Accountability 10 SAJEI Workshop 13 Seminar on organised crime 16 The Gentleman Judge remembered NATIONAL OFFICE 188 14th ROAD NOORDWYK MIDRAND 1685 010 493 2500 [email protected] www.judiciary.org.za From the Editor Dear colleagues, Cooperation between African Jurisdictions for the advancement of constitutionalism and the rule of law Welcome to 2018 and to our first Issue for the year! was also the theme when the South African We trust that you have had a good start to the year Judiciary met with Judges from neighbouring states and that, so far, you are on track with all the goals to share experiences on the adjudication of you have set yourselves for the current twelve organised crimes, specifically relating to human month period. trafficking, wildlife trafficking and money laundering. We expand more on this event on pages 11 and 12. A lot has happened within the Judiciary space since the last time we published this newsletter. Notable Lastly, but certainly not least; we are all aware that among these was the retirement of our esteemed the Honourable Deputy Chief Justice of the Republic colleague, Justice Bess Nkabinde, whose twelve of South Africa, Judge Ray Zondo, was appointed year term at the Constitutional Court ended in by the former President of the Republic of South December 2017.
    [Show full text]
  • 1 Bess Nkabinde Constitutional Court Oral History Project Interview 1
    Bess Nkabinde Constitutional Court Oral History Project Interview 1: 14th December 2011 Interview 2: 3rd February 2012 Interview 1: Int This is an interview with Justice Bess Nkabinde and it’s Wednesday the 14th of December, 2011. Bess, thank you so much for agreeing to participate in the Constitutional Court Oral History Project. BN My pleasure, indeed, Roxsana. Int I’m going to take you right back, I wanted to find out about your background, where you were born, your family structure, and what was the influences in terms of what made you interested in social justice issues, and put you onto the legal trajectory? BN Well it takes me back, Roxsana. I was born in 1959, as you might have seen. I was born in Silwerkrans. It is a village in the North West between Zeerust and Swartruggens. It’s a small village; it’s not that big. It has sub villages. My father is a traditional leader in the village. Born, I think numbers, I think born 16th. My brothers passed away. A number of my brothers passed away, and sisters. And when I was born the twins who came before me were the last who passed away. I was born in 1959 and I have two younger brothers after me. Two years ago my elder sister passed away. My elder brother passed away, I think four years ago. At the moment we are six remaining. My eldest brother, who is now a traditional leader, who has taken after my father. I have two sisters now, and the two younger brothers remaining.
    [Show full text]
  • The Constitutional Court Gets Anal About Rape — Gender Neutrality and the Principle of Legality in Masiya V DPP
    The Constitutional Court gets anal about rape — gender neutrality and the principle of legality in Masiya v DPP KELLY PHELPS* AND SHA’ISTA KAZEE** ABSTRACT In Masiya v DPP the Constitutional Court missed the opportunity to address the patently inadequate and unjust common law defi nition of the crime of rape. The Court had an opportunity to embrace its mandate as guardian of constitutional rights and, in adopting a conservative stance towards the development of the common law, failed to do so. Two points of particular interest that arise from the judgment are considered in this article: the Court’s unwillingness to extend the defi nition of rape along gender-neutral lines; and the impact of the principle of legality on the Courts’ ability to develop the common law defi nitions of crimes. There is no reason in logic or justice for why the defi nition of rape should be gen- der-specifi c. Furthermore, in line with the minority judgment in Masiya, there is no rule of law that prohibits the Court from executing such an extension. Introduction ‘The new constitution … accords to lawyers an expanded fi eld for real fulfi l- ment in areas previously excluded by the sterility of the doctrine of parlia- mentary sovereignty; and it equips them and the courts with teeth which are * BA (UCT) BSocSci Hons (Criminology) (UCT) BA Law (Cantab) Lecturer Department of Criminal Justice, Faculty of Law, University of Cape Town. Thank you Professors PJ Schwikkard and Jonathan Burchell and Senior Lecturer Adv Esther Steyn for your comments and guidance on this article, though the views contained herein remain my own.
    [Show full text]