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About the publication I am delighted to present to you, the reader, the fifteenth edition of the Pretoria Student Law Review (PSLR) with its Special Section on ‘Social Justice and COVID-19’. This year’s Annual Edition, together with the developments made during the year, is a testament to the growth, resilience, and adaptability of this student-driven initiative especially during these turbulent times. This year has also been one of reflection and remembrance as we publish this edition in tribute to the late Professor Christof Heyns whose instrumentality in the establishment of the Pretoria University Law Press (PULP) has brought us to where we are today. Fourteen years since its inception and the PSLR still continues to grow and evolve whilst remaining true to its thriving legacy in fostering excellence and innovation through legal writing. This publication’s uniqueness is also presented through its diverse contributions all addressing contemporary societal and legal issues under a broad range of legal disciplines. In an era of many continued ‘firsts’, the PSLR has strived to build on the legacy of its predecessors by expanding on the Journal’s visibility and accessibility. The PSLR’s digital presence has now grown substantially leading to an increase in quality submissions from institutions across the country. This year, the PSLR launched its first independent website and developed an official logo for the Journal and its online platforms. Authors are now able to submit their papers through the Open Journals System platform, track their workflow, manage their submissions, and submit at any time outside of the PSLR’s official call for submissions. We can firmly submit that we have, in pursuance of being a DHET accredited journal, fulfilled the standards set out by the Department of Higher Education and Training. Many thanks are extended to Makone Maja for developing the website. Your patience, guidance, and geniality are truly appreciated. Thank you also to Jakolien Strydom and ClickCreate for your charitable assistance in developing and designing the logo. To the authors, this year has, in many respects, been challenging with many of those challenges affecting students directly. We appreciate the dedicated efforts put into your submissions and your wholehearted cooperation throughout the entire process. Much appreciation is also extended to the reviewers who have selflessly committed to assisting the PSLR during the peer-review process. To all of the reviewers, your input, guidance, and recommendations are greatly appreciated. Phenyo Nomasonto Morwesi Sekati Editor-in-Chief 2020
This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
"Legal academics and practitioners in recent decades increasingly emphasize the so-called "globalization" of legal education. The diffusion of the Juris Doctor (JD) degree to Australia, Hong Kong, Japan and South Korea, as well as the advent of a very similar Juris Master (JM) degree in China and a shift in the late 1980s and beyond to a new, US-influenced format in India, exemplify shifts toward US legal education practices (Flood 2014). The global and Americanizing trend is evident on the web sites of law schools around the globe, with many law schools competing to be the most "global" in terms of their faculty, curricula, teaching methods, and students. Less pronounced but related to the literature on legal globalization is that on "transnationalization" and transnational processes, which is a strong component of the move toward globalization in legal education. As this book shows, if we look to see what is celebrated as part of globalized law schools and faculties, we see increased cross-border flows of professors and students, teaching of transnational legal subjects, development of particular forms of teaching practice such as legal clinics, explicit focus on transnational rankings, and transnationalized scholarly communities sharing teaching and research methods and approaches across domains of law"--
Two decades since the enactment of South Africa’s present constitution, the durability and endurance of ‘past’ inequalities and injustices illustrate that the ‘new South Africa’ – lauded as a miracle nation with the best constitution in the world – can no longer be regarded as an unqualified success. The legal and constitutional foundations of post-1994 South Africa are in a process of renegotiation that invites new and alternative perspectives and approaches. This comprehensive volume explores this process of renegotiation by engaging political and intellectual contestations circulating in South African academic and public discourse relating to continuities and discontinuities between the colonial-apartheid past and the post-1994 constitutional present. The authors analyse the moral, intellectual and political unravelling of post-1994 South African constitutionalism (as legal text and political culture) and enquire whether it has been able to respond adequately to the fundamental contradictions generated by colonisation and apartheid. They also consider how centring the historical problem of European domination and conquest in Africa – and South Africa in particular – might provide an alternative frame or lens to theorise and understand contemporary South African realities. This book marks out a complex field of contestation – involving competing histories, locations, visions and perspectives – that raises multifaceted questions regarding law, history and politics. It is the outcome of a South African Journal of Human Rights colloquium and was originally published as a special issue of the journal.
The alienating nature of the dominant curriculum in African schools and universities is an issue which simmered just below the surface in the 2015 student protests that swept through the South African higher education sector. The collection of essays found in this timely publication, offers compelling arguments for the deliberate embrace of the African culture to advance African knowledge and enhance African lives. It proposes fresh perspectives on what shape and form a decolonised curriculum should take on.
The book provides insights on decolonising media and communication studies education from diverse African scholars at different stages of their careers. These academics, located on the continent and in the diaspora, share an interest in decolonising higher education broadly and media and communication studies teaching and learning in particular. Although many African countries gained flag independence from different European colonial powers between the 1950s and the 1970s, this book argues that former colonies remain ensnared in a colonial power matrix. Many African universities did not jettison ways of teaching and learning established during colonialism, and even those journalism, communication, and media studies training programmes which were established after the attainment of flag independence did not place decolonial agendas at the front and centre when setting them up. Starting with big picture thematic questions around decolonisation, the book goes on to consider what the implications of change would be for students and instructors, before reflecting on how far it is possible to decolonise curricula and syllabi and what this might look like in practice across a range of subject areas and country contexts. Overall, this book presents a nuanced picture of what a decolonised media and communication studies education could look like in sub-Saharan Africa. This book is essential for researchers in Africa in disciplines such as media and communication studies, journalism, film studies, cultural studies, and higher education studies. More broadly, the concepts and ideas on decolonising teaching and learning discussed in the book are relevant to instructors in any discipline who are interested in doing the decolonial work of contesting coloniality.
"A must-read for anyone interested in enhancing a historical understanding of our present through a consideration of what it means to decolonize."--Priyamvada Gopal, University of Cambridge In 2015, students at the University of Cape Town demanded the removal of a statue of Cecil Rhodes, the imperialist, racist business magnate, from their campus. Their battle cry, #RhodesMustFall, sparked an international movement calling for the decolonization of universities all over the world. Today, as the movement develops beyond the picket line, how might it go on to radically transform the terms upon which universities exist? In this book, students, activists, and scholars discuss the possibilities and the pitfalls of doing decolonial work in the heart of the establishment. Subverting curricula, demanding diversity, and destroying old boundaries, this is a radical call for a new era of education. Chapters include: *Rhodes Must Fall: Oxford and Movements for Change (Dalia Febrial) *Race and the Neoliberal University ((John Holmwood) *Black/Academia (Robbie Shilliam) *The Challenge for Black Studies in the Neoliberal University (Kehinde Andrews) *Open Initiatives for Decolonising the Curriculum (Pat Lockley) *Decolonising Education: A Pedagogic Intervention (Carol Azumah Dennis) *Understanding Eurocentrism as a Structural Problem of Undone Science (William Jamal Richardson) As the book's insightful Introduction states, "Taking colonialism as a global project as a starting point, it becomes difficult to turn away from the Western university as a key site through which colonialism--and colonial knowledge in particular--is produced, consecrated, institutionalized and naturalized." Offering resources for students and academics to challenge and resist colonialism inside and outside the classroom, Decolonizing the University provides the tools for radical change in educational disciplines, pedagogies, and institutions.
An examination of how peacekeeping is woven into national, regional and international politics in Africa, and its consequences.