‘Legal Skills’ was taught as a standalone first-year module in the LLB curriculum at the University of Pretoria from 1998 to 2012. In the 2013 curriculum, the teaching and inculcation of legal skills were integrated into a first-year “Jurisprudence” module. The 2015/6 student protests at the University of Pretoria led to the creation of three ‘transformation work streams’, one of which was tasked with curriculum transformation. The activities of the curriculum transformation work stream led to the adoption by the Senate of a Curriculum Transformation Framework Document (CTFD). All faculties have been asked to reconsider and fundamentally reshape their curricula with reference to the CTFD. This reflection-on-the-curriculum process at the Faculty of Law has arguably been dominated by an over-emphasis on the place and sequencing of modules instead of an overhaul of the content of law modules and the approach with which teaching should take place. There has also been a concerted push from some quarters in the Faculty to reintroduce a standalone Legal Skills module, rationalised by an argument along the lines of ‘legal skills cannot be transformed’ (never mind ‘decolonised’). In this article we will consider what it could mean to ask for the decolonising of the teaching and inculcation of legal skills in an LLB curriculum.
The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act)was inter alia promulgated to create a caring South African society. To achieve this goal, the Equality Act prohibits unfair discrimination, hate speech and harassment on a number of prohibited grounds, including religion, conscience, belief and culture. The Bill of Rights in the 1996Constitution also prohibits unfair discrimination on these and other grounds. In addition, the Bill of Rights also contains rights such as the right to freedom of association and the right to freedom of expression. All laws, including the Equality Act, must be interpreted in accordance with the spirit, purport and objectives of the Bill of Rights. This article identifies possible challenges in applying the Equality Act where the alleged perpetrator attempts to justify the discrimination based on his/her religious beliefs, freedom of expression and/or freedom of association.
AbstractThe taskforce appointed in 2016 to undertake a review of the legal sector in Kenya highlighted a decline in public service and pro bono work as one of the challenges facing the legal profession in the country. In its report, the taskforce made several proposals to tackle the problem, all directed at qualified lawyers. This article seeks to contribute to the deliberations anticipated from the findings of the taskforce, by suggesting instead that the problem of a declining public service ethic be addressed by targeting law students. Bringing students face to face with real clients and their needs can play an important role in broadening their horizons and shaping their beliefs about, and attitudes towards, the different possible careers they can pursue with their education. The article specifically recommends clinical legal education as a practical and comprehensive means by which students can be encouraged from early on to have an interest in pro bono and public service work.
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