1 Editors From the Editors John-Carlos Atouguia Contents Luke Choate JC Atouguia & Luke Choate From the Editors 3 The editors wish to thank by John-Carlos Atouguia and Luke Choate all of the contributors and sponsors. President’s Report 4 by Amanda Mapanda Thank you also to Saronda and Patience for their outstanding efforts in the Faculty Report 2009 6 creation of this year’s by Professor Jonathan Campbell magazine. The highs and lows of a Law student 11 Contributors by Kate Selwood Christopher McConnachie Roxanne Francis-Pope ‘Paedophillia’: 12 Claire Marais What does it basically mean? Rowan Stafford by Claire Marais Kate Selwood Kate Scott-Shaw A landmark decision in 16 Amanda Mapanda Dario Milo South African trust law? Professor Jonathan by Rowan Stafford Campbell Professor Graham Glover ‘A rose by any other name?’ – 18 Professor Richman Mqeke The Supreme Court of the Professor Nazeem Goolam United Kingdom by Professor Graham Glover Photographer (including the front and From human wrongs to human rights 20 back cover) by Roxanne Francis-Pope any people believe that the best way to contribution and we thank them for their work. Advocate Les Roberts teach someone to swim is to throw them Funding is another obstacle faced, and we would like to right into the deep-end. They’ll either thank our various sponsors for their contributions and Law Photos 2009 22 learn very fast or, if they are lucky, will advertisements. Without their funding, this publication would Designer have someone save them. Rhodes Law not be possible. Lauren Macnab Human dignity is an oxymoron 26 prepares us for the head-first dive into the real world. As by Chris McConnachie Mstudents, we are at first intimidated by each test or assignment, After five years of law in Grahamstown, one comes to view Disclaimer but with each difficult obstacle we overcome, we successfully the particular stretch of road that gets you from the door of come out swimming. your unkempt, shoddy accommodation to the daunting doors The views expressed in Victory in the Hlophe Saga 29 by Dario Milo of the Law faculty with a mixture of fear, familiarity and a bit this publication are not Putting together this publication felt like being plunged more than a dash of respect! Never quite knowing what to necessarily those of the into a pool. Having almost mastered legal jargon in our final expect, the gruelling triathlon that is the LLB is almost done. In Camera board, the The meaning of ‘spouse’ in South African 32 year of law, we were thrown into the arenas of journalism Rhodes Law Society, the law : the dire need for and publication. We had to make sense of words such as For us final years, the nervous, shifty-eyed first years that Rhodes University Law uniformity and clarity. advertisement specifications, trims, bleeds, photographic stumble across our paths remind us just how quickly it has all Faculty or the Rhodes by Professor Nazeem Goolam angles and so much more. But in the end, after a few hundred gone by. From the GLT to Eden Blue to our own back-yard, it’s Administration. emails and phone calls, we were successful in producing the been a trip, thanks for the memories. Purpusive Interpretation in labour 35 2009 edition of In Camera. All articles in this publication To the first-years and everyone in-between, it goes by quicker are the sole copyright of tenancy disputes – too little, too late The success of this publication would not be so without the than you think. Exams will come and go, tests will go wrong, the owners. No person may by Professor RB Mqeke contribution by students and staff in the faculty. Each article essays will keep you up all night, lecturers will refer to you as reproduce them. is in itself an accomplishment – delving into a new legal pillars of salt (whilst comparing you to their new batch of first Class Photos 2009 38 topic, deciphering the law, or just commenting on a current years who, apparently, know more than you do) and the sun situation. The publication would not be what it is without each will rise, these are the best times of your life. Enjoy the ride. 2 3 his year, the Honourable Justice Lex efficiency. Without Christopher McConnachie won the award for Best Oralist. Mpati, President of the Supreme “...as Rhodes their involvement Congratulations to Roxanne and Christopher for doing us Court of Appeal, officially opened in the planning and proud! the Rhodes Law Faculty with his students we preparation the event’s address to students and staff. His success would not have Another great accolade to the Rhodes Law department speech proved to be an appropriate way to mark are privileged been possible. Last but this year was the appointment of two our own colleagues, theT beginning of the year for all, be it wide-eyed not least, a big thank Chris McConnachie and John Shija, as clerks in the first years, anxious-to-finish final years, and all to receive such you to Lindsay, the Constitutional Court in Johannesburg. McConnachie has in-between. His message was an important one, Public Relations Officer. been appointed to the office of Chief Justice Pius Langa reminding us all that social responsibility is part and a high calibre Career’s Day was her and Shija to Justice Yvonne Mokgoro. We wish them all the parcel of our legal training. He emphasised that as education and “baby” from the start. best in this exciting venture. Rhodes students we are privileged to receive such a Well done to her for a high calibre education and that we should therefore that we should fantastic job. My report would not be complete if I did not take the use this opportunity to help others. This year the Law opportunity to thank my Committee for all their hard work therefore use Society had the usual and to congratulate them on such a successful year for One of the major events on the Law Society calendar task of organising social the Law Society. To Lumka Dlukulu (Secretary), Jessica is the Law Careers’ Day. This year a relatively large this opportunity functions to provide a Staples (Treasurer), Lindsay Luppnow (Public relations), number and wide range of institutions took part in platform for interaction Nikita Young (Legal Aid Liaison), JC Atouguia and Luke this event. We had law firms, national institutions and to help others. ” amongst the different Choate ( InCamera Editor). Thank you all for being some NGOs. Among these were the Competition years of the LLB degree amazing individuals and an incredible team to work with. I Commission, the National Prosecuting Authority as well as other students have enjoyed working with you and getting to know you all. and the Legal Aid Board. This gave the students of the University. Our first event was “A night in Paris”, a a wide spectrum of options in deciding what smart occasion which was held at Kiara’s restaurant. The To the final years class of 2009, I know we are all glad that route to take with their LLB. Some of the firms evening proved to be an absolute success with people it is over, but do take time to reflect and soak in all the took the opportunity to conduct interviews with partying until the early hours of the morning. Special memories. Times flies and before you know it, you will potential article clerks for 2010. The end of the thanks must go to Mr. Gordon Barker for going where be missing the ‘coffee mug scramble’, the sun-bathing on day was marked with a cocktail evening giving no staff member has gone before and joining us in our the lawns, and the student life we have loved and loathed students a chance to network and socialise with festivities. these past few years. I wish you all the best in every future the representatives of the firms and institutions in Our social event for the second semester was a much endeavour. Let this not be good-bye... After all, there’s attendance. more relaxed affair that took place at the ‘student hot- Facebook! spot’, Pirates Pizza. Despite the gloomy weather that This occasion was the successful product of a evening, students came in their numbers to make merry partnership between the Law Society, The Law with blue punch and great pizza. To make the event more Faculty and the Rhodes Career’s Centre. In meaningful, we took the opportunity to collect tins of food previous years the Career’s Centre had not been donated by members that we then handed over to one of involved in our Career’s Day but the new addition the local soup kitchens. was invaluable. In the week leading up to Career’s Day, the head of the Career’s Centre, Mr Jurgens The biggest event on our social calendar was the annual Kietzmann held talks law ball. This year the committee decided on an exotic and workshops on CV theme- ‘An Arabian Night’. The decor was beautifully done, writing techniques “I wish the food was superb and the entertainment kept us all and interview skills. you all dancing until our feet ached. To this top off, the evening The He also called for was graced by the presence of the Honourable Mr Justice students to submit the best in Johann Kriegler. Having such a topical legal figure share the their CVs to him so he evening with us was a great way to end off the year. could assist them with every future President’s the drafting.