Faculty of Law - University of Pretoria



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|Faculty of Law, University of Pretoria |

|‘Africa’s Global Law Faculty’ |

|Internationalisation: Report on Current and Future Initiatives: 9 September 2009 |

Not often is a faculty of law in a position where it has both the opportunity and the capacity to have a direct impact upon the country and continent where it is situated, and as such upon the global pursuit of the rule of law. The Faculty of Law of the University of Pretoria has established itself as a central role-player in the South African legal system, and as a gateway between a unique network of African law faculties and the rest of the world. At the Faculty of Law we challenge ourselves to use this unique position to provide leadership through our students and staff in a quest to establish more effective and just legal systems in South Africa and on the African continent, in order to enable our societies to pursue the goals of development, security and justice. Its commitment to this ideal makes the Faculty more than the sum of its parts: Its engagement at the highest level with the challenges facing law in the twenty-first century in the South African and African setting makes this Faculty one of the most exciting law faculties in the world today. We believe that there is room, and indeed a compelling need, for advanced legal education and research on the African continent, and it is in this context that we want to join forces with others on the continent and in the rest of the world who share the ideal to forge a new social compact, based upon the ideal of a just, effective and responsive legal order; to open up a new future for our country and continent; and to look beyond the horizon to the distant dream of al that we can become.

Prof Christof Heyns

Dean

Faculty of Law

(From the Faculty brochure “Africa’s Global Law Faculty”)

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|TABLE OF CONTENTS |

|Introduction |3 |

|1. |Exchange Programmes |3 |

|2. |International students |4 |

|3. |Current initiatives with a focus on Africa: General |6 |

|4. |Establishment of an Institute for International and Comparative Law in Africa |8 |

|5. |Efforts to enhance the capacity of the Faculty of Law in developing an accessible collection of primary |9 |

| |African legal information: The World Bank Project | |

|6. |International Moot Court Competitions |10 |

|7. |Involvement of staff in international conference proceedings |13 |

|8. |Involvement of staff in international teaching |19 |

|9. |Involvement of staff in international comparative research |20 |

|10. |Visiting international lecturers |21 |

|11. |International Publications |26 |

|12. |Membership of International Bodies/Societies |27 |

|13. |Field trips |30 |

|14. |UNESCO Chair: Education Law |30 |

|15. |Oliver R Tambo Law Library |30 |

|16. |Other Initiatives / Activities |31 |

Introduction

Internationalisation of the Faculty of Law is regarded as one of the main focus areas in terms of the Strategic Plan. Herewith a report on current and future initiatives regarding internationalisation in the Faculty of Law, University of Pretoria for 2009.

1. Exchange Programmes

Formal agreements of co-operation exist between the Faculty of Law and the Faculties of Law of the following universities:

|American University, Washington D.C., USA |

|Birkbeck College, University of London |

|Charles University, Prague, Czech Republic |

|Erasmus University, Rotterdam, the Netherlands |

|Katholieke Universiteit, Leuven, Belgium |

|Utrecht University, Utrecht, the Netherlands |

|Vrije Universiteit, Amsterdam, the Netherlands |

|Washington University, Washington, USA |

Close links in respect of existing Institutional Agreements also exist with Tilburgh University, London School of Economics and Political Science, Yale Law School, Oxford University and Essex University.

The main objectives of the various agreements are co-operation in the areas of:

• Education and research;

• the strengthening of ties between the respective faculties, and

• the promotion of academic and cultural interchange.

Specific areas of co-operation are:

• Faculty visits by staff members for purposes of reaching and research, and

• A student exchange programme

The Faculty, furthermore, presents the LLM in Human Rights and Democratisation in Africa through the Centre for Human Rights, which involves a partnership between our Faculty and several African Universities. The universities are:

|Addis Ababa University (Ethiopia) |

|American University in Cairo (Egypt) |

|Catholic University of Central Africa (Cameroon) |

|Makerere University (Uganda) |

|Universidade Eduardo Mondlane (Mozambique) |

|University of Ghana (Ghana) |

|University of Mauritius (Mauritius) |

|University of the Western Cape (South Africa) |

The Centre for Human Rights also presents a one-year full time Masters’ degree in International Trade and Investment Law in Africa in conjunction with the University of the Western Cape, American University in Washington D.C. and the University of Amsterdam. The 19 students in this year’s group, who come from 9 African countries, are selected in a highly competitive process that is open to lawyers and law students across the African continent. The graduates of this unique programme work as international trade and investment law specialists for African governments, in academia, in the private sector and in international and regional organisations.

The LLM in Critical Legal Theory is presented by the Department of Legal History, Comparative Law and Legal Philosophy in conjunction with Birkbeck College, University of London.

2. International students (participating in LLB, LLM and LLD programmes)

On 11 February 2009 an informal welcoming of all international law students was hosted by the Faculty of Law. The Dean, Prof Christof Heyns, reaffirmed the Faculty’s commitment towards making a contribution to legal education and legal research in Africa and elsewhere, and as such towards enhancing the rule of law. Some 150 students attended the function. There are a total of 125 students on the LLB programme, while 44 are enrolled on the LLM and 8 on the LLD programmes, totalling 184 students.

Summary of International Students registered with the Faculty of Law per Country

|Botswana |34 |Sri Lanka |1 |

|Bulgaria |1 |Swaziland |6 |

|Chile |1 |Sweden |1 |

|China |1 |Tanzania |6 |

|Côte D’Ivoire |1 |Turkey |1 |

|Democratic Republic Of The Congo |3 |Uganda |15 |

|Egypt |1 |United Kingdom |1 |

|Ethiopia |4 |USA |1 |

|Finland |1 |Zambia |3 |

|Gabon |1 |Zimbabwe |41 |

|Germany |1 | | |

|Ghana |2 | | |

|Kenya |9 | | |

|Lesotho |2 | | |

|Malawi |6 | | |

|Mauritius |2 | | |

|Mozambique |7 | | |

|Namibia |7 | | |

|Netherlands |4 |Undergraduate |125 |

|Nigeria |12 |Masters |44 |

|North Korea |1 |Doctoral |8 |

|Portugal |3 |Exchange |7 |

|Rwanda |3 | | |

|Spain |1 |TOTAL |184 |

Looking at these statistics it certainly appears as though the Faculty of Law, University of Pretoria, serves as Faculty of choice for many international students. An earnest attempt was made in 2008 to invite students of the Law Faculty, University of Pretoria, to engage in the existing student exchange programmes. Two students have been selected to participate in the exchange programmes in 2009. For the first time a student, mr Hendrik van der Hoven, was sent on the LLM programme at Erasmus University, Rotterdam. He is successfully completed the programme in July 2009. Me Lulu Matakala, lecturer in the Department of Legal History, Comparative Law and Legal Philosophy, is currently completing her doctoral degree at Cambridge University.

3. Current initiatives with a focus on Africa: General

The African focus and network of the Faculty of Law of the University of Pretoria are evidenced by a number of initiatives:

1. The Law of Africa Collection and the Pretoria University Law Press (PULP) are unique features of the Faculty. The Law of Africa Collection is a special collection of primary legal materials from African countries, housed in the Oliver R Tambo Law Library in the Faculty. It is probably the most comprehensive and current collection of legal materials of African countries under one roof in the world today, and as such the obvious starting point for any serious comparative research of the law of Africa. A major World Bank grant to the government of South Africa is now supporting the expansion of this Collection. PULP publishes African legal textbooks, law reports and law journals, and the same World Bank grant is currently supporting the production of a comprehensive series of monographs dealing with cutting-edge issues of African aw, covering most of the countries of the continent.

2. PULP recently launched an international project, the Rule of Law in Africa Series. This project, closely linked to the Faculty’s current focus on comparative law comprises the production by PULP of twenty new books focusing on comparative law in Africa. The idea is that PULP will recruit editors to bring together authors to write papers for edited collections on a number of topics in African comparative law (eg constitutional land; land/property law; intellectual property law; labour law; company law etc). Each of the books will have a prelude an international seminar where the editor and authors will present and discuss their contributions.

3. The Faculty recently established an International Development Law Unit, led by Prof Danny Bradlow, whose expertise is in the field of International Economic Law. This unit focuses in particular on Africa. The areas of expertise include telecommunications law and NEPAD.

4. Some of the leading texts in the world on issues of South African and African law are written by members of the Faculty and published by international publishers such as Oxford University Press, Cambridge University Press, Brill and others.

5. The Faculty’s role in Africa was first established through the African Human Rights Moot Court Competition. Now in its eighteenth year, this annual competition has brought together the law faculties of 125 of the approximately 140 law faculties on the African continent, representing 45 of the 53 countries of Africa.

6. In the wake of the Moot followed the Masters programme in Human Rights and Democratisation in Africa. Now in its tenth year, this programme which is presented by nine African law faculties has produced 258 graduates from 35 African countries. The Moot and the Masters programme were specifically cited when the Centre for Human Rights won the prestigious UNESCO Award for Human Rights Education in 2006.

7. A second Masters programme, on Trade and Investment in Africa, also for students from African countries, was established a few years later.

8. The Faculty initiated and houses the African Human Rights Law Journal as well as the African Human Rights Law reports. It also drives the very successful coverage of the African continent by the Oxford reports on International Law in Domestic Courts (ILDC Online).

3.9 For several years, a number of the members of the Faculty of Law have been working with institutions such as the African Union, including the Pan-African Parliament, on the drafting of treaties and initiatives such as the development of model legislation. Another example is the model legislation in respect of HIV/AIDS that was recently adopted by the SADC Parliamentary Forum, based on a submission prepared by members of the Faculty.

3.10 In addition to the above, the Faculty is currently engaging in the implementation of the following projects and programmes:

• The Faculty has received the necessary funding from the University to establish a full-time doctoral programme covering all fields of law that will eventually accommodate 30 students – including 10 from countries in Africa other than South Africa. The first intake will be in 2009.

• A leading South African Intellectual Property Law firm has donated a significant amount of money to the Faculty to establish a chair and a centre in Intellectual Property Law, which will have a focus, amongst others, on Africa.

• Building on the UNESCO prize mentioned above, the Faculty has been nominated for a UNESCO Chair in Education Law, and for the LLM network of universities to be recognised as a UNESCO UNITWIN network.

4. Establishment of an Institute for International and Comparative Law in Africa

The most ambitious project of the Faculty will no doubt be to establish a fully-fledged Institute of International and Comparative Law in Arica. The University has identified land for this purpose, and has agreed to make half of the building costs available, on the condition that the rest be raised from the outside. The Institute, with a dual focus on International (both Public and Private) and Comparative Law, will serve to a large extent as a point of convergence and as a catalyst for the initiatives described above. In addition, it will function as a platform from which to launch new initiatives and to engage with partners in other African countries and abroad. The Institute will have an international law as well as a comparative law component, and it is foreseen that two directors will be appointed, one who specialises in each of these areas. The heart of the 35-office building will be the newly expanded law of Africa Collection.

5. Efforts to enhance the capacity of the Faculty of Law in developing an accessible collection of primary African legal information: The World Bank Project: Co-ordinator Corlia van Heerden

5.1 Introduction

The University of Pretoria has received funding from the World Bank in terms of IDF Grant no TF 090558 for purposes of a project of its Law Faculty aimed at Enhancing Access to Legal Information. The University of Pretoria Faculty of Law: Enhancing Access to Legal Information Project was approved by the World Bank IDF Committee on May 31, 2007. Following approval, the Ministry of Finance requested a presidential minute which was subsequently signed on March 13, 2008, by South African President, Thabo Mbeki. On April 13, 2008, the Grant Agreement was signed by Dirk Reinermann, Acting Country Director and on April 22, 2008, the Agreement was Countersigned by Trevor Manuel, South African Minister of Finance. A Subsidiary Agreement between the Government of the Republic of South Africa in its National Treasury (“Recipient”) and the University of Pretoria in its Faculty of Law (“Project Implementing Agency”) was completed on August 28, 2008.

5.2 Objectives of Project

The Project’s objectives are to:

a) Enhance the capacity of the University of Pretoria, Faculty of Law to develop a comprehensive contemporary and internationally accessible collection of primary African legal information; and

b) Expand the University of Pretoria, Faculty of Law Regional Comparative Law knowledge network.

The Project is designed for implementation in twenty-four months, and is scheduled to close on April 22, 2011. The total amount of this IDF Grant is US$ 498,000.00.

5.3 Project Components

• Component One: Enhancing the Africa Legal Information Collection

This component will develop the capacity of the University of Pretoria, Faculty of Law to establish a comprehensive, contemporary, and internationally accessible collection of primary legal information. In so doing, the Faculty will oversee the creation of a regional centre of legal knowledge and expertise which is not currently available at either the regional or international level. As a result, the faculty will serve as a regional hub for the collection and distribution of legal information.

• Component Two: Building the Capacity of the Regional Comparative Law Knowledge Network

This component will support the efforts of the University of Pretoria, Faculty of Law to strengthen its regional legal research, training programs, and information dissemination capacity and will be undertaken by Pretoria University of Law Press (Pulp) who will eventually, with the assistance of consultants employed for this purpose, publish and distribute a number of new comparative African law titles.

6. International Moot Court Competitions

The Faculty initiated the African Human Rights Moot Court Competition in 1992, in which most law faculties in Arica now participate on an annual basis. Amongst African law faculties, students of the Faculty have an unparalleled record at moot competitions worldwide. This includes:

|African Human Rights Moot Court Competition Winners: 1992, 2004, 2008 2nd place: 1995, 1996, 1997, 2001, 2002 |

|Jessup International Law Moot Court Competition: 2nd place (and prize for best oralist): 1999 |

|Commonwealth Moot Court Competition: 2nd Place: 2001 |

|International Criminal Court Trial Competition: Winners: 2007 |

Alpha Konare, Chairperson of the African Union on occasion remarked the following with regard to the role of the Faculty of Law:

“You have made the African Human Rights Moot Court Competition the most important African annual gathering on human rights issues in Africa.”

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|Participation in International Moot Court Competitions: 2008/2009 |

|National Round of the Philip C. Jessup International Law Moot Court Competition |

|January 2008 |

| Lourens Grové (Coach) |

|Bianca Balmelli, Louis Botha and Ian Learmonth |

|Second place and best memorials |

|17th African Human Rights Moot Court Competition |

|July 2008 |

| Johann Spies (Coach) |

|Katherine Harding, Ian Learmonth and Avani Singh |

|Winners and best memorials |

|27th Annual John Marshall Law School International Moot Court Competition |

|October 2008 |

| Lourens Grové (Coach) |

|Katherine Harding, Itumeleng Matlou and Johann Spies |

|Winners of the Ambassador’s Round |

|National Round of the Philip C. Jessup International Law Moot Court Competition |

|January 2009 |

| Lourens Grové (Coach) |

|Avani Singh and Louis Botha |

|Third place |

|International Criminal Court Moot Court Competition |

|March 2009 |

| Johnathan Swanepoel and Andrew Molver (Coaches) |

|Michael Dafel, Octavia Pletschke and Wesley Timm |

|Seventh place |

|Commonwealth Moot Court Competition |

|April 2009 |

| Lourens Grové (Coach) |

|Catherine Harding and Ian Learmonth |

|Winners and best oralists (semi-final and final) |

World Human Rights Moot Court Competition, 9 December 2009, Pretoria, South Africa

The United Nations celebrations of the adoption of the Universal Declaration of Human Rights in 1948 will this year include the staging of the first World Human Rights Moot Court Competition, organised with the support of the Office of the UN High Commissioner for Human Rights; and the University of Pretoria. All law faculties in the world are invited to participate. Judges in the final round, scheduled for 9 December, will include the High Commissioner, Navi Pillay, as well as other eminent judges from international courts and tribunals around the world. The theme of the problem to be argued will be ‘Discrimination’. The official languages of the competition are English and French.

Other spin-offs of the Moot and of the LLM programme in general, include the leading publications on human rights in Africa whose contributors come directly from the network established through the Moot; and the Law of Africa Programme, which is the largest collection of primary sources of legal information from all African countries anywhere in the world.

Over the years the Moot has become a highly productive catalyst for collaborative research among African human rights lawyers, and a dissemination vehicle for the results of such research. The following publications, as far as is possible, are distributed at the Moot each year:

• Human Rights Law in Africa – the premier reference work on human rights law in Africa. 1700 pages, two volumes, available in English and French. Last updated in 2002. Most of the correspondents are Moot participants.

• African human Rights Law Reports – human rights cases from the national systems of Africa as well as the African Commission on Human and People’s Rights, published on an annual basis in English and French. Many of the contributors are former Moot participants.

• African Human Rights Law Journal – the only continental journal on the topic. Many of the authors are Moot participants.

The Faculty is investigating the feasibility of joining ILSA (International Law Students’ Association), and during the Commonwealth Moot Court Competition in Hong Kong, April 2009, there was a call for the formation of a Commonwealth Law Students’ Association. Such an association would ideally be founded by students (rather than staff), with the support of the Commonwealth Lawyers’ Association. The person driving this formation is Dr Ros MacDonald from Australia. Due to the nature of international moot courts, network-building happens as a natural consequence of participation. It is also an opportunity to test the standards of our University against those of other Universities globally.

7. Involvement of staff in international conference proceedings

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|Centre for Child Law |

|1. |Dr Ann Skelton |Conference in Nigeria on |‘Developing a child rights |August 2009 |

| | |International law and human rights |jurisprudence in Southern | |

| | |litigation in Africa |Africa using international and | |

| | | |regional instruments’ | |

| | |Geneva |Convention on the Rights of the|12-13 November 2009 |

| | | |Child: From Moral Imperatives | |

| | | |to Legal Obligations | |

| | | |Presentation: Theme: ‘An | |

| | | |introduction to Strategic | |

| | | |Litigation’ | |

| | | |First World Congress on |November 2009 |

| | | |Restorative Juvenile Justice. | |

| | | |Presentation: Theme: | |

| | | |Restorative. | |

|2. |Ronaldah Ngidi |Conference in Nigeria on |‘The role of international law |August 2009 |

| | |International law and human rights |in the development of | |

| | |litigation in Africa |children’s rights in South | |

| | | |Africa: A children’s rights | |

| | | |perspective’ | |

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|Centre for Human Rights |

|No |Staff Member |Institution visited/worked with |Activity Done / Title |Dates |

|3. |Prof Frans Viljoen |Washington and Lee University |Presentation at Conference on |April 2009 |

| | |(Virginia, USA) |African Protocol on the Rights | |

| | | |of Women | |

| | |Invited by/hosted by Office of the |Presentation and participation |May 2009 |

| | |High Commissioner of Human Rights, |in Civil Society discussion on | |

| | |Thailand (Jakarta, Indonesia) |emerging ASEAN human rights | |

| | | |mechanism | |

| | |African Commission on Human and |Attendance of and organisation |May 2009 |

| | |Peoples’ Rights session (Banjul, The |of two workshops | |

| | |Gambia) | | |

|4. |Prof Michelo Hansungule |International Criminal Justice in |Presentation: African Union |24–26 April 2009 |

| | |Africa, Cape Town |Positions on International | |

| | | |Criminal Law with specific | |

| | | |reference to Sudanese President| |

| | | |Al-Bashir’s indictment by the | |

| | | |International Criminal Court | |

| | | |(ICC) | |

| | |Held at Lesotho Sun Hotel, for |Conference on the application |12-15 April 2009 |

| | |Lesotho Judges, legal practitioners |of international human rights | |

| | |in public and private practice, and |in Lesotho legal system. He | |

| | |Non- governmental organizations. |was the main resource person | |

| | | |and presented on ‘Human | |

| | | |Rights’, Implementation | |

| | | |Mechanisms at Regional and | |

| | | |Global systems of human | |

| | | |rights’, etc. | |

| | |Geneva |Conference on the Right to |10-14 May 2009 |

| | | |Education organised by UNESCO. | |

| | | |I presented on the Right to | |

| | | |‘Education in Africa: A | |

| | | |critical perspective’ | |

|5. |Dennis Kweku Antwi |Lisbon, Portugal |Conference Theme: Citizenship | |

| | | |in an Enlarged Europe: The | |

| | | |Contribution of Economic, | |

| | | |Social and Cultural Rights | |

| | | |Organisers: International |10 - 12 April 2008 |

| | | |Centre on Economic, Social and | |

| | | |Cultural Rights (CIDESC) | |

|6. |Magnus Killander |Oslo, Norway |Attending Unity or |14-15 May 2009 |

| | | |Fragmentation of International | |

| | | |Law - the Role of International| |

| | | |and National Tribunals | |

| | |Lagos, Nigeria |Organiser: Conference on |14 August 2009 |

| | | |International Law and Human | |

| | | |Rights Litigation in Africa | |

|7. |Cherryl-Lee Botterill |University of Zanzibar, presented by |Intensive Course on Poverty |16 - 20 March 2009 |

| | |Abo Akademie, Finland |Eradication and Human Rights | |

|8. |Norman Taku |IACL's Round Table on 'Religious | |21 & 22 May 2009 |

| | |Pluralism', hosted by Fundacion Tres | | |

| | |Culturas, in Jaen, Spain. | | |

|9. |Prof Danny Bradlow |American Society of International Law|Organized and chaired opening |March 2009 |

| | |Annual Meeting, Washington DC |lecture-- Grotius Lecture. | |

| | | |Lecturer was Achim Steiner, | |

| | | |Executive Director, UN | |

| | | |Environmental Program; | |

| | | |Distinguished Discussant: Prof| |

| | | |Dina Shelton | |

| | |Participated in invitation-only |Organized by Center on Law and |28 March 2009 |

| | |workshop on IMF Reform and the Manuel|Globalization, University of | |

| | |Report, in Washington DC |Illinois | |

| | |Workshop on capacity building for |Organized by ILEAP |April 2009 |

| | |trade in services, Berlin |(International Lawyers and | |

| | | |Economists Against Poverty) and| |

| | | |German Government. | |

| | |Cape Town |Talk to International Petroleum|24 February 2009 |

| | | |Industry Environmental | |

| | | |Conservation Association  | |

| | | |(IPIECA) Social Responsibility | |

| | | |Working Group on “Changing | |

| | | |Conceptions of Development and | |

| | | |its Implications for Petroleum | |

| | | |Producers” | |

| | |Johannesburg |Presentation to SAIIA G20 |2 March 2009 |

| | | |Summit Workshop on “Reforming | |

| | | |the Multilateral Financial | |

| | | |Architecture” | |

| | |Johannesburg |Presentation on “Threats and |12 May 2009 |

| | | |Opportunities for African | |

| | | |Trade, Finance and Development | |

| | | |in the Evolving International | |

| | | |Order” at Open Society | |

| | | |Initiative for Southern Africa| |

| | | | | |

| | | |(OSISA) workshop on “Post G-20 | |

| | | |Summit Reflections: Issues and | |

| | | |Perspectives for Africa | |

| |

|Department of Legal History, Comparative Law and Legal Philosophy |

|10. |Tshepo Madlingozi |St Antony’s College, Oxford |Justice for Apartheid Crimes: |30 January 2009 |

| | | |Corporations, States and Human | |

| | | |Right. Presentation: Khulumani:| |

| | | |“Bad Victims” Empowering | |

| | | |Themselves | |

|11. |Prof Caroline Nicholson |Presentation / Attendance / Panelist:|Society of Teachers of Law of |13 – 16 July 2009 |

| | |Presenting a paper |Southern Africa (SLTSA) | |

|12. |Prof Karin van Marle |Boston. Presentation / Attendance / |Law, Culture and Humanities, |3-4 April 2009 |

| | |Panelist: Presentation: ‘Between law,|Annual Conference. | |

| | |politics, critique’ | | |

| |

|Department of Mercantile Law |

|13. |Prof BPS van Eck |Vrije Universiteit Amsterdam |Conference Presentation |13 June 2008 |

|14. |Sylvia Papadopoulos |Australian Law Teachers Conference |Conference Presentation |6-10 July 2008 |

|15. |Tronel Joubert |Sydney |Australian Law Teachers |5–8 July |

| | | |Conference | |

|16. |Monray Botha |Sydney |Australian Law Teachers |5–8 July |

| | | |Conference | |

|17. |Jacolien Barnard |Sydney |Australian Law Teachers |5–8 July |

| | | |Conference | |

|18. |Jacqui Church |Sydney |Australian Law Teachers |5–8 July |

| | | |Conference | |

|19. |Corlia van Heerden |Sydney |Australian Law Teachers |5–8 July |

| | | |Conference | |

|20. |Sylvia Papadopoulos |Sydney |Australian Law Teachers |5–8 July |

| | | |Conference | |

|21. |Proff Piet Delport, Stefan van Eck |International Workshop on Consumer | |22 May 2009 |

| | |Protection in Trade: Janis | | |

| | |Kestenbaum and Ken Kelly, US Federal | | |

| | |Trade Commission | | |

| |

|Department of Private Law |

|22. |Prof June Sinclair |Portugal |International conference |10 – 12 September |

| | | |attendance and paper: ISFL | |

| | | |regional conference | |

|25. |Dr Birgit Kuschke |Zurich |Attendance as Permanent Full |22 – 24 October 2009 |

| | | |Member of the Presidential | |

| | | |Council of the International | |

| | | |Association for Insurance Law | |

| | | |(‘AIDA’) at European Insurance | |

| | | |Law Association conference | |

|26. |Prof IP Maithufi |Zurich |Conference |October 2009 |

| |

|Department of Procedural Law |

|27. |Prof A Boraine |Vancouver |Insol Int Conference. Session |20 – 21 June 2009 |

| | | |chair: Statutory Priorities in | |

| | | |Insolvency | |

|28. |Prof A van der Merwe |New York, USA |31th International Congress on |28 June - 5 July 2009 |

| | | |Law and Mental Health presented| |

| | | |by the International Academy of| |

| | | |Law and Mental Health. | |

| | | |'Therapeutic Jurisprudence: | |

| | | |Judicial Officers and Victims' | |

| | | |Welfare' | |

| |

|Department of Public Law |

|29. |Prof CJ Botha |Madrid (Spain) |IBA Conference |2 – 12 October 2009 |

| | |The Faculty of Law, University of |Hosted a conference on legal |1 – 4 July 2009 |

| | |Pretoria and the University of |writing at the UP Faculty of | |

| | |Seattle, USA |Law | |

|30. |Prof B Bekink |Madrid (Spain) |IBA Conference |2 – 12 October 2009 |

|31. |Dr JFD Brand |Boston (USA) |Seminar on Justiciability of |19 March 2009 |

| | |North Eastern University |Socio-economic Rights | |

|32. |Prof PA Carstens |Kerkyra (Greece) |Medical Law Conference |25 September 2009 – 4 |

| | | | |October 2009 |

|33. |Prof SC Woolman |New York (USA) |New York Law School (South |20 November 2009 |

| | | |Africa / New York Seminar | |

| | | |Series) | |

8. Involvement of staff in international teaching

| |

|Dean |

|1. |Dean Prof C H Heyns |Lecture Series for the Unites Nations Audiovisual Library of |June 2009 |

| | |International Law, New York. | |

| | |Adjunct Professor, American University, Washington DC, USA |June 2009 |

| | |Teach the course ‘African human rights’ in the Summer | |

| | |Programme | |

| | |Teach Components of the course ‘Comparative regional human |July 2009 |

| | |rights systems’ in the Masters programme at Oxford, July; | |

| | |Fellow of Kellog College, Oxford, UK. | |

| | | | |

| |

|Centre for Child Law |

|2. |Dr Ann Skelton |Training Unicef employees and delegates from the Eastern and |June 2009 |

| | |Southern African Regions on children and justice in Malawi | |

| | |Training | |

|3. |Ronaldah Ngidi |Presented lectures to Sudanese delegates. The lectures were|April 2009 |

| | |arranged by the Centre for African Renaissance Studies | |

| | |Lectures | |

|4. |Carina du Toit |Presented lectures to Sudanese delegates. The lectures were|April 2009 |

| | |arranged by the Centre for African Renaissance Studies | |

| | |Lectures | |

| |

|Centre for Human Rights |

|No |Staff Member |Institution visited/worked with |Dates |

| | |Activity Done / Title | |

|5. |Prof Frans Viljoen |LLM course at Essex University (Centre for Human Rights) |January 2009 |

|6. |Prof Michelo Hansungule |Institute for Diplomatic Studies, University of Nairobi, |10-16 March 2009 |

| | |Kenya | |

| | |Master of diplomatic studies | |

| |

|Department of Legal History, Comparative Law and Legal Philosophy |

|7. |Prof Karin van Marle |Birkbeck, University of London |9-13 February 2009 and |

| | |LLM programme |2-7 November 2009 |

| |

|Department of Mercantile Law |

|8. |Prof S Vettori |University Kebangsaan, Maleisië |9 April 2008 |

| | |University Technology, Mara, Maleisië |10 April 2008 |

|9. |Tronel Joubert |University of South Australia, Adelaide |13 Julie 2009 |

| | |Teaching on The duty of disclosure and the test for | |

| | |materiality: lessons to be learnt. | |

| |

|Department of Procedural Law |

|10. |Prof A Boraine |Insol Fellowship Programme: Vancouver |June 2009 |

| | |Certificate programme for international insolvency | |

| | |practitioners | |

9. Involvement of staff in international comparative research

| |

|Centre for Human Rights |

|No |Staff Member |Institution visited/worked with | |

| | | |Dates |

|1. |Prof Michelo Hansungule |Traditional Leaders and Governance in the SADC region | |

| | |sponsored by Zambian-based Women for Change and Open Society | |

| | |Initiative for Southern Africa (OSISA) - currently | |

| | |undergoing | |

| | |Research on the Impact of the Economic Crises on Human Rights|Completed in April 2009|

| | |in Sub-Saharan Africa, sponsored by Social Watch, Uruguay | |

| | |Globalisation and Human Rights, a chapter in a book edited by|Completed May 2009 |

| | |Prof. Azizur Chowdhury, University of Dhaka | |

|2. |Dennis Kweku Antwi |Girl's Right to Education in South Africa, Abo Akademi |13 October - 13 |

| | |University, Abo/Turku, Finland |December 2008 |

| |

|Department of Legal History, Comparative Law and Legal Philosophy |

|3. |Tshepo Madlingozi |Leading author: India, Brazil, South Africa (IBSA) Project on| |

| | |Social movements and Apex Courts | |

|4. |Prof Karin van Marle |Stellenbosch Institute for Advanced Study a fellowship where | |

| | |I am the co-coordinator of an international collaborated | |

| | |research project, Gendered of critique, with Dr Stewart | |

| | |Motha, Kent University, UK | |

| |

|Department of Private law |

|5 |Dr Birgit Kuschke |National reporter for AIDA World Conference on the Effect of |Report to be submitted |

| | |Climate Change on Insurance |May 2009 for conference|

| | | |in May 2010 Paris |

| |

|Department of Procedural Law |

|6. |Prof A Boraine |SAD insolvency law project. | |

|7. |Annette van der Merwe |Sentencing in rape cases: a comparative study of approaches | |

| | |and sentencing | |

| | |severity in Southern Africa | |

10. Visiting international lecturers

• International Law Course 2009

o Dr Jean Allain: Queen’s University of Belfast

o Mr Enga Kameni: Legal Associate, Centre for The Study of Aids/Parliament Namibia

o Mr Benson Olugbuo: Anglophone Africa Co-ordinator, Coalition for the International Criminal Court, Nigeria

o Prof Edward Kwakwa: World Intellectual Property Organisation, (Geneva)

o Mr Donald Rukare: Programme Manager, Human Rights and Governance, European Union, Uganda

o Prof Erika de Wet: International Constitutional Law, University of Amsterdam, The Netherlands

• Socio-Economic Rights Course: March 2009

o Ms Alice Nderitu: Regional Director, ESJ, Fahamu, Kenya

• Human Rights and Access to Medicines Course: May 2009

o Atangcho Nji Akonumbo, Senior Lecturer in Law, Faculty of Laws and Political Science, University of Yaounde´ II, Cameroon; Associate Lecturer, Catholic University of Central Africa, Cameroon

o Sean Flynn, Associate Director, Program on Information Justice and Intellectual Property, American University Washington College of Law

o Enga Kameni, Senior Fellow, Centre for Human Rights, Legal Associate, Centre for the Study of AIDS Project, Parliament of the Republic of Namibia

o Peter Munyi, HAI Africa, Kenya

o Moses Mulumba, HEPS Uganda

o Sisule Musungu, Executive President, IQ Sensato, Geneva, Switzerland

o Ben Twinomugisha, Dean, Makerere University School of Law, Uganda

• Human Rights in Africa Course: May 2009

o Mr Solomon Dersso: Institute for Security Studies, Addis Ababa

• LLM in Human Rights and Democratisation in Africa: 2009

o Prof Erika de Wet, University of Amsterdam, Netherlands

o Prof Geoff Gilbert, Essex University, United Kingdom

o Prof Richard Maiman, University of Southern Maine, United States of America

o Dr Christopher Mbazira, Makerere University, Uganda

o Mr Ulrik Spliid, Danish Centre for Human Rights, Denmark

o Mr Ambani Osogo, Catholic University of Eastern Africa, Kenya

o Prof Martin Scheinin, European University Institute

o Dr Cecil Aptel, Consultant, Washington DC, United States of America

o Mr Attila Teplan, European Court on Human Rights, Strasbourg, France

o Dr Fikremarkos Birhanu, Faculty of Law, Addis Ababa University, Ethiopia

o Dr David Padilla, Human rights specialist, Washington DC, United States of America

o Prof Kwadwo Appiagyei-Atua, Faculty of Law, University of Ghana, Accra, Ghana

o Prof Sylvia Tamale, Faculty of Law, Makerere University, Uganda

o Dr Gianluca Parolin, Department of Law, American University in Cairo, Egypt

o Prof Muna Ndulo, Cornell University, United States of America

o Justice James Mkandawire, SADC Tribunal, Windhoek, Namibia

o Dr Fernand de Varennes, Murdoch University, Australia

o Mr Roland Henwood, Department of Political Science, University of Pretoria

o Mr Joel Martin, Visiting researcher, Centre for Human Rights, Pretoria

o Prof James Silk, Yale Law School, United States of America

o Mr Alessandro Campo, European Union Commission, Amman, Jordan

o Prof Abdullahi An Naim, Emory University, United States of America

• Other

o Prof Richard Holt and Prof Amanda Blackmore: BBP College UK (Prof Anton van der Linde).

o Prof Bruce Boyer and a group of students from Chicago, Illinois. Prof Boyer is the Director of the Civitas Child Law Clinic at Loyola Chicago School of Law (Centre for Child Law). The purpose of the visit was to share information. The students were particularly interested in race and culture issues in foster care. They also accompanied staff from the Centre to the Constitutional Court on the day that the Centre’s constitutional challenge to minimum sentences was heard.

o Delegation of lawyers from the International Commission of Jurists (ICJ)-Kenya Section at the Centre for Human Rights in early May 2009 (Prof M Hansugule).

o Prof. Muna Ndulo, Director, Institute for African Development, Cornell University, 17 March 2009—spoke to LLM students on UN Responses to Sexual Harassment by UN Peacekeeping Forces (Prof Danny Bradlow).

o Prof E de Wet, University of Amsterdam, Professor in International Constitutional Law (25 January 2009 – 27 February 2009 - Planning to visit UP again in September 2009) (Prof CJ Botha).

o 17 LLM Students - University of Loyola, Institute for Health Law, April 2009 (Prof PA Carstens).

o Ms Fatou Bensouda, Deputy Prosecutor of the International Criminal Court (15 April 2009) (Judge AJ Hoffmann).

o Prof Charles Fombad, University of Botswana (Planning to visit UP during August 2009) (Mr JFD Brand).

o Deputy Prosecutor Fatou Bensouda of the International Criminal Court (ICC) on the Al-Bashir arrest warrant and other pending cases before the ICC on 15 April 2009 (Mr JFD Brand).

o Prof Klara Boonstra, 13-23 Augustus 2008

o Vrije Universiteit Amsterdam

o NEDERLAND (Mercantile law)

o Prof David Burdette, 6-29 Augustus 2008

o Nottingham Law School

o ENGELAND (Mercantile law)

o Mr Roland Adjovi, 6-10 October 2008

o International Criminal Tribunal for Rwanda

o Arusha

o Tanzania (Mercantile law)

• Lectures presented by international visitors in Department of Mercantile Law

o Prof David Burdette – Nottingham Law School, London, England

16-20 March 2009

Classes: Insolvency Practice 410

o Dr David Barnard – Columbia Law School (United States of America)

24 March 2009

Departmental lecture

Topic: “Time to move on: Establishing a top-class Department of Mercantile Law”

o Janis Claire Kestenbaum and Ken Kelly from FTC (United States of America)

In conjunction with Prof Piet Delport

22 May 2009

International Workshop at UP

Topic: Consumer Protection in Trade

o Guest Lecture in LLB Cyber law course - University of Essex

(Sylvia Papadopoulos)

Second Semester 2009

Dr Youseph Farah – Cyber contracts, etc

• Visit by Delegation of Magistrates and Judges from the People’s Republic of China, 21 July 2009

The main aim of their visit is to be able to find out more and have discussed about the following points:

1. Brief overview of the South African judicial system; (Rafia da Gama)

2. To understand the judicial and related systems in general (Parliament and the

legislature);

3. Administration of Justice in criminal and civil matters;

4. The role of the justice system in the promotion and upgrading of national and regional economic development (Danny Bradlow and Solomon Eboobrah).

|NAME |POSITION |

|Mr. Dai Hongbing |Vice President/Chief Judge, Guangxi High People’s Court |

|Mr. Lan Shengchang |Chief Judge, Guangxi High People Court |

|Mr. Tang Zhenrong |Chief Judge, Guangxi High People’s Court |

|Mr. Dong Wenbin |Director, Guangxi High People’s Court |

|Mr. Huang Xinghang |Director, Guangxi High People’s Court |

|Ms. Li Xuan |Chief Judge, Guangxi High People’s Court |

|Ms. Huang Xiuping |Chief Judge, Guangxi High People’s Court |

|Mr. Wei Weizhu |Chief Judge, Guangxi High People’s Court |

|Ms. Yan Ling |Vice Director, Guangxi High People’s Court |

|Mr. Jiang Tairen |Chief Judge, Guangxi High People’s Court |

|Ms. Mo Jiangfang |Chief Judge, Guangxi Nanning City Intermediate People’s Court |

|Mr. Pan Hong |Chief Judge, Guangxi Baise City Jingxi District Court |

|Mr. Xu Guoyou |Chief Judge, Guangxi Baise City Tianyang District Court |

|Mr. Liang Yuan |Chief Judge, Qinzhou City Qinbei District Court |

|Mr.Liu Weicai |Chief Judge, Guangxi Yizhou City Court |

|Mr. Wei Jiachuan |Chief Judge, Guangxi Hechi City Bama District Court |

|Mr. Liu Dan |Chief Judge, Guangxi Hechi City Huanjiang District Court |

|Mr. Chen ming |Chief Judge, Guangxi Heshan City People’s Court |

|Mr. Xiong Ruixun |Chief Judge, Guangxi Liuzhou City Sanjiang District People’s Court |

|Ms. Peng Qiaomin |Judge, Guangxi High People’s Court |

11. International Publications

|Danny Bradlow |Published, “The G20 and Sustainable IMF Reform” on VOXEU on March 18, 2009, |

| |(available at: .) |

| |Published, “Fixing the IMF”, on Foreign Policy in Focus on March 30, 2009 (available|

| |at: ) |

|Magnus Killander |‘The African regional human rights system’ in Gomez Isa & de Feyter (eds) |

| |International human rights law in a global context (University of Deusto, 2009) |

| |855-898 (with Christof Heyns) |

| |‘African human rights law in theory and practice’ in Joseph & McBeth (eds) Research |

| |handbook on international human rights law (Edward Elgar, forthcoming, 2009) |

| |‘The role of international law in human rights litigation in Africa’ in The judicial|

| |protection of human rights in Botswana: Emerging issues (forthcoming, 2009) |

|Prof A van der Linde |“Prevention and Early Intervention Services: A reflection on the Childrens Act 38 |

| |of 2005” In Conference Proceedings: 13th World Conference of the International |

| |Society of Family Law. |

|Prof Andre Boraine |International handbook on topical issues in insolvency law. |

|Prof Jan Bekker |“An analysis of the rights of South African women and children to maintenance from |

| |husbands and fathers in African customary marriages and domestic partnerships.” |

| |Selected for publication of papers delivered at 13th World Conference of the |

| |International Society of Family Law (2009). |

|Prof Trynie Davel |“The impact of evolving family forms on the duty of support in South African Family |

| |Law” June Sinclair and Trynie Boezaart. Selected for publication of papers |

| |delivered at 13th World conference of the International Society of Family Law |

| |(2009). |

|PULP |PULP has publisher over the last several years a number of works involving authors, |

| |editors or institutions from outside South Africa. These include recent works such |

| |as Chris Mbazira’s (Uganda) Litigating socio-economic rights in South Africa. A |

| |choice between retributive and distributive justice (2009)’ the journal |

| |Constitutional Court Review, the inaugural volume of which appeared in 2009 and |

| |included contributions from authors from the US (Frank Michelma (Harvard); Karl |

| |Klare (Norht-Eastern)) and Canada (Iain Benson) and the next volume of which will |

| |appear in 2010 and will include contributions from authors from the US, Nigeria and |

| |Uganda; and the Botswana Law Review, which PULP took over as from 2009. |

12. Membership of International Bodies/Societies

|Prof B Bekink |Member & senior vice-chair, International Bar Association (IBA) |

| |International Association of Constitutional Law (IACL) |

|Prof Andre Boraine |Insolvency International Academics Forum |

|Prof CJ Botha |International Association of Constitutional Law (IACL) |

| |South African Branch of the International Law Association (SABILA) |

|Prof Danny Bradlow |Member Roster of Experts, Independent Review Mechanism, African Development Bank - |

| |this is a sitting body that investigates complaints from people who allege that they|

| |have been harmed/threatened with harm because of the AFDB's failure to conduct its |

| |operations in compliance with its operating policies and procedures. |

| |Co-rapporteur, International Law Association Study Group on Responsibility of |

| |International Organizations. |

| |Member, Advisory Board, Law, Social Justice and Global Development, published by U. |

| |Warwick law faculty. |

|Dr JFD Brand |International Association of Constitutional Law (IACL) |

|Prof PA Carstens |The World Congress on Medical Law (WCML) |

|Prof LA Feris |Member of Environmental Law Association |

| |World Conservation Union (IUCN) Academy of Environmental Law |

|Prof CH Heyns |Member of a three-member Expert Group appointed by the Office of the High |

| |Commissioner for Human Rights of the United Nations, advising the High Level Panel |

| |of the Association of South East Asian Nations on establishing a regional human |

| |rights system, Geneva, Switzerland, April. |

| |Advisory Board: Castan Centre for Human Rights Law, Monash University, Australia. |

| |Advisory Board: Academy on Human Rights and Humanitarian Law, Washington College of|

| |Law, American University, Washington D.C. |

|Membership of International Editorial boards |African journal of International and Comparative Law (United Kingdom) |

| |African Yearbook of International Law (France) |

| |East African journal of Peace and Human Rights (Uganda) |

| |Netherlands Quarterly of Human Rights (Netherlands) |

| |Oxford Reports of International Law in Domestic Courts (United Kingdom) |

| |SUR – International Human Rights law Journal (Brazil) |

| |Peace and Conflict Review (Costa Rica) |

|Judge AJ Hoffmann |Judge of the International Tribunal for the Law of the Sea (ITLOS) |

| |South African Branch of the International Law Association (SABILA) |

|Magnus Killander |Associate editor, International Law in Domestic Courts (ILDC) |

| |Editor (Africa), International Human Rights Law (IHRL). ILDC and IHRL form part of |

| |the Oxford Reports on International Law published online by Oxford University Press.|

| |Co-editor of African Human Rights Law Reports, Recueil Africain des decisions des |

| |droits humains, Compendium of Key Human Rights Documents of the African Union. |

| |These publications are distributed for free to institutions across the African |

| |continent to assist in research, teaching and litigation. |

|Dr B Kuschke |Permanent Full Member of the Presidential Council of the International Association |

| |for Insurance Law (‘AIDA’). |

|Prof J le Roux-Bouwer |International Society for the Reform of Criminal Law (ISRCL) |

|Prof JJ Malan |International Institute for Language Rights |

|Prof June Sinclair |Member of the Executive Council, and a Vice-President of the International Society |

| |of Family Law. |

|Dr Ann Skelton |Editorial board for the publication: Youth Justice: An International Journal, |

| |published in the United Kingdom. |

|Norman Taku |International Association of Constitutional Law (IACL): As Deputy Secretary-General|

| |and Treasurer of this prestigious world body of constitutionalists, I am responsible|

| |for running the finances of the organisation and the secretariat with the |

| |Secretary-General. The IACL brings together the most accomplished scholars in the |

| |field of constitutional law, is firmly implanted on all continents and its members |

| |include some of the most senior lawyers in the world. |

| |Agence Universitaire de la Francophonie (AUF): |

| |The AUF is a worldwide association of 677 higher education institutions in 81 |

| |countries with French as a common language, promoting scientific cooperation, |

| |training of future development actors, supporting excellence in research and sharing|

| |expertise. As one of six members of the Coordinating Committee of Human Rights |

| |Researchers’ Network, I am in touch with 200 leading human rights researchers from |

| |all over the world and 2300 subscribers to the LIRA newsletter. |

|Prof SC Woolman |Bar of the State of New York |

13. Field trips

|Prof Michelo Hansungule |Planned trip to Liberia to the United Nations Mission in Liberia to train the |

| |trainers in human rights in early July, 2009. Planned trip to Addis Ababa, |

| |Ethiopia, to facilitate a workshop on human rights for the Ethiopian Human Rights |

| |Commission staff on behalf of Ethiopian Government, late June, 2009. |

| |Planned trip to the African Development Bank (ADB) at Tunis (Tunisia) to as expert |

| |to review the Bank’s Inspection Panel in September 2009. |

|Tshepo Madlingozi |Sierra Leone Human Rights and Transitional Justice Field trip with LLM students in |

| |Human Rights and Democratisation in Africa, April 2009. |

14. UNESCO Chair: Education Law

The United Nations Education and Scientific Council (UNESCO) at a recent meeting in Paris decided to award a UNESCO Chair to the Faculty. The UNESCO Chair system carries great prestige and links universities from around the world. There are currently 644 Chairs in a wide range of disciplines in the world, linking 770 institutions in 126 countries. In our case it will be a chair in Education Law.

15. Oliver R Tambo Law Library

One of the outstanding features of the library is the way in which it brings old and new, European and African sources of law together. Library users have access to priceless European legal texts spanning six centuries; while at the same time the library contains probably the most up to date collection of primary legal materials from African countries to be found under one roof in the world today.

• Law of Africa Collection – which concentrates on primary legal resources for African countries: hhtp://library.up.ac.za/law/law_of_africa.htm

• Index to the African law Reports



16. Other Initiatives / Activities

16.1 Enhancing the role of the faculty in Africa. In includes the following:

• Publications such as the African Human Rights Law Reports and the African Human Rights Law Journal;

• PULP gives the Faculty a singular role on the continent, as does the Law of Africa Collection, both of which projects now involve the Faculty as a whole;

• Two lecturers are advisors on the harmonisation of the law in Africa;

• Two lecturers are participating in a UN initiative to establish continental legislative drafting capacity;

• Two lecturers have received an NRF award on harmonisation of law of Africa

16.2 Internship 420

The Faculty of Law of the University of Pretoria places a high premium on the value of experiential learning. The Pretoria environment offers a multitude of opportunities for students to observe the law in action. In this context, the Faculty of Law in 2009 started to place a special focus on assisting students to serve internships, not only in Pretoria, but countrywide and worldwide.

3. Internationalisation fund an 040

A special fund has been created in order to promote education on LLM level by members of staff on international programmes and to invite international lecturers to participate on our LLM programmes.

16.4 Including comparative and international law in LLM modules

The Dean has called on all lecturers who present LLM modules to include at least one opportunity where they focus on the international and comparative law aspects covered by the module.

16.5 “Internationalising” the Pretoria Student Law Review

Efforts have been made to invite international student to present contributions for publication in the Pretoria Student Law Review. This is in an effort to entice debate on important universal issues.

16.6 Centre for Child Law

• Meeting with Canadian Police on youth violence

Dr Ann Skelton had a meeting with and presented written materials to members of the Royal Canadian police force who were in South Africa undertaking an international study on youth violence.

• Legal Query from the International Social Services

ISS approached Dr Skelton for assistance in tracking the progress of a matter concerning the contact, care and relocation of two children whose father is in South Africa and the mother is in the UK. The mother wishes the children to relocate to the UK but the father is opposing the matter. Prinslean Mahery (Legal Assistant) has been investigating and is advising on the matter.

• Legal Opinion for the New Zealand Immigration Services

The Centre was requested to provide a legal opinion for the New Zealand Immigration Services about the legal position of two children born in South Africa who had been taken to New Zealand by their mother. The legal opinion related to the legality of their removal in the light of the legal rights of their father, who was never married to their mother.

Prof M Hansangule

External examiner for the Universities of University of Nairobi (Kenya), University of Zambia on LLB, LLM, and PHD level.

Prof A van der Linde

Chairperson

Internationalisation Committee

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