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.
endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa.For more information on PULP, see www.pulp.up.ac.za
‘The challenge for South African lawyers is to understand the relation between law and economics, to grasp the economic consequences of decisions taken in terms of the Act’. This, Davis J says, ‘become[s] important if South African competition law is to develop into a coherent body’. The interaction between law and economics is fundamental to the nature of competition law and a deep understanding of the two disciplines is a prerequisite for decisions that would meet the objectives of competition law. Competition law concerns the regulation of markets; competition policy seeks to ‘remove or reduce the distorting effects of excessive economic concentration and corporate conglomeration, collusive practices, and the abuse of economic power by firms in a dominant position’. This in itself calls for an economic analysis of market situations to assess the fairness of trade, and the evaluation of economic concepts such as dominance, market power, and market share, that define the relationship between players in the market.
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