ISSUE 6JUNE/JULY 2015

Q & A WITH SCHALK MEYER

CONSTITUTIONAL MATTERS:INSANITY!!

IS IT LEGAL TO WARN APPROACHING VEHICLES TO REDUCE SPEED WHEN THERE IS TRAFFIC CONTROL AHEAD?

STRESS, YOU COULD BE ADDICTED!!

THANK YOU EDITORIAL TEAM OF 2014 AND

WELCOME 2015

WELCOME

Welcome to the next issue of Sub Judice. We hope that all of our students enjoyed the vacation and are ready for this semester, as it is the last stretch of the academic year.

In this issue we have a very interesting article about our culture, and what it entails about how different cultures have different insights to the law in South Africa.

We also take a look in the career and life of one our local attorney’s of our region, as well as we have a person who lives outside our country, more specific in the United States of America who were generous enough to contribute a very important article for our magazine.

Last but not least , we have prepared something for each and every law student out there to go and remember for when they step into the real world of being a working class hero. It is important to use these guidelines as they might just motivate you to become a successful business man or woman.

Editor’s LetterBy Helgard van Jaarsveldt

Editor’s Letter 2

Constitutional Matters 7

Interviews 13

A Legal Perspective 17

Campus News 23

Editorial Team 5

Table of ContentInside This Issue

Page 1 Page 2

Law Students 11

Studying Law 25

New Editor’s Letter 3

New Editor’s LetterDanelle Kotze

WELCOME

First of all let me start by saying what an honor and privilege it is to fill these enormous shoes of the previous editorial team as well as the previous editor, Helgard. You guys have given us a platform to voice our opinions and make ourselves grow in the field of law that we all truly love. The opportunity given to us is a blessing and it should be noted that it is truly appreciated. The previous editorial team gave up long hours and sleepless nights to make this magazine a reality, they believed in what they did and with that belief, honor and hard work came this magazine you see before you. It wasn’t an overnight idea that they quickly threw together. Here lies blood, sweat and tears and we thank you for that.

With that being said, I am ready to take on this challenge and make it my own with the help of wonderful and intellectual people by my side. We, as the editorial team of 2015, are so excited for this challenge and cannot wait to share all our plans and ideas with the readers of the Sub Judice.

This is not a research magazine, telling you things you might know or might not even care about. This magazine is a magazine by law students for law students. We will not try to sound profound by following Pseudos’ profundity philosophy; instead we will voice our opinions and showcase our views and ideas. We are passionate about law and studying law, therefore this is not just another hobby; this is our life, our dreams and our goals.

The readers of the Sub Judice will get a chance to glimpse into the world of a law student on the North West University Vaal Campus and read about day to day changes in the law environment, the courts and the campus. We are not journalists, we are students, proud and honored students of the North West Vaal Campus and we truly hope that everyone giving their time and attention to read this magazine will enjoy it, relate to it have a few laughs. We want the visions of the previous editorial team to grow and reach new grounds with the help

of our young and eager minds and through this, I hope to inspire and create excitement within the students of our campus. Whether you are a law student, a psychology student, an economics student, a lecturer, a lawyer, advocate, judge or even the people selling the one thing we law students live on (coffee), may you enjoy this magazine and grow with us through this year.

“...they believed in what they did...”

From myself and the rest of the editorial team of 2015, we thank each and everyone reading this and for every single person who made this possible. We are the future lawyers and judges of South Africa, and we are proud.

From your editor

Danelle

The big shoes left for us to fill will be by the following people;

Danelle Kotze - Editor, LayoutCarmen Bosch - Corporate LawCindy Roux - Constitutional Matters, PhotographyEsmerelda de Bruyn - Criminal LawLerato Masite - LifestyleLucas May - Law in generalPalesa Motsoahole - Indigenous LawRuth - LifestyleTshegofatso Khutsoane - International Law and Politics

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Editorial Team Editorial Team

EDITOR-IN-CHIEFHelgard van JaarsveldtCONTRIBUTOR

Kgomotso Morudu

CONTRIBUTORNelisiwe Tshabangu

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CONTRIBUTORMelissa van der Merwe

PHOTOGRAPHEREduan Botha

ORIGINAL LAYOUT DESIGNER

Robyn Tapson

Sub Judice logo designed by Jaco KuhneLayout done by Danelle Kotze

The Criminal Procedure Act is a comprehensive tool for the effective management of the criminal justice system in South Africa. Providing for the searching, seizing of objects, people, what specific crimes are and what can be imposed as specific sentences by the courts, it is quite the legislative document. Of course however, legislation can be “checked” by the courts and this piece of legislation is

far from immune to the dreaded section 167(5) of the Constitution. Chapter 13 of the Criminal Procedure Act, CPA or the Act, discusses the rules pertaining to the instances where it is necessary to discuss the capacity of the accused to understand the legal proceedings in which he is, possible mental illness and the accused’s criminal responsibility.

Section 77 of the Act speaks to the matter of the accused’s ability to understand the legal proceedings in which he is. This means that of course the accused must be able to understand what is happening in court and what it means for him as the accused in a criminal trial.

Section 78 provides unequivocally that a person who suffers from a mental illness or defect and either cannot at the time of the commission of a criminal offence: appreciate the wrongfulness of his own conduct or act in accordance with the appreciation of the wrongfulness of his actions cannot be guilty of a criminal offence. Shortly, that person lacks the requisite cognitive or conative elements to be able to be held criminally liable for his actions.

Section 79 accordingly prescribes the medical enquiry procedure to be followed in such instances as is discussed in the instance that the accused’s mental state is in question as per sections 77 and 78.

This chapter has been applied in numerous criminal cases up to this year’s controversial S v Pistorius where matters about the accused’s mental capacity were raised in court, necessitating a view of these sections. These sections however have found themselves in hot water in a Constitutional Court case to be heard later this year. In De Vos NO and Others v Minister of Justice and Constitutional Development and Others the discussed

sections above were argued to be unconstitutional to the extent that they infringe on inter alia, the rights to equality and human dignity of the accused persons who suffers from either mental illness or defect. In this combined case, sections 77(a)(i) and (ii) was argued from an order of the Cape High Court that they arbitrarily infringe on the rights enshrined in sections 9;10;12 and 28(1)(g) with 28(2) of the Constitution without just cause.

“...when he was 14, he fatally stabbed a girl of the same age...” Mr Stuurman was charged with murder for fatally stabbing a girl when he was 14 of the same age and was referred for observation in terms of section 77(1); 78(2) and 79(2) of the Act. Apparently, the accused had sustained a head injury when he was 5 years old which handicapped him mentally. Upon the required medical assessment, the medical practitioners concurred that he basically could not understand the proceeding that took place.

In the second of the two conjoined matters, Mr Snyders, a person with Down Syndrome, was charged with the rape of an 11-year-old girl.

Constitutional Matters Constitutional Matters

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THE INSANITY OF SECTIONS 77 TO 79: A CONSTITUTIONAL REVIEW OF THE CRIMINAL PROCEDURE ACT.

BY KGOMOTSO MORUDU

“..a person with Down Syndrome, was charged with rape...”When he appeared in the Magistrates’ Court, he was referred for a section 77(1) enquiry to see if he could understand the proceedings.

He was diagnosed to be moderately mentally retarded and hence he was found unable to stand trial according to section 77 of the Act.

Constitutional MattersConstitutional MattersThe parties therefore requested an order of invalidity from the Constitutional Court to allow the Snyders and Stuurman cases to continue since they have been stayed pending the outcome of the constitutional contentions of the parties.

“...section 35 of the Constitution protects the rights of arrested...”This case is but one of many cases where the judiciary has come to test the Criminal Procedure Act. Of course with just cause since section 35 of the Constitution indeed protects the rights of arrested, accused and detained persons.

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Be aware of mental illness. It is all around us and most of us are dealing with these types of disabilities each day. Stay sympathetic and helpful. There is always hope. Reach out for help at SADAG Mental Health Line: 011 234 4837 and Akeso Psychiatric Response Unit 24 Hour 0861 435 787.

This message is braught to you by Danelle Kotze. Sub Judice Editor 2015.

The Intercampus 2nd & 3rd year JUTA-NWU Criminal Mock Trial Competition started in 2013 as a platform for the three campuses of the NWU to showcase their expertise in conducting a criminal mock trial.

Although only the Potchefstroom Campus participated in 2013, this year all three campuses competed against each other to win the coveted prize as number one. The competition caused quite a stir on the Vaal Triangle Campus and saw many students enthusiastically competing to see who will

ultimately represent us at the semi-final and final held at the Potchefstroom Campus on the 8th and 9th of September.

“...Vaal Triangle Campus in first place...”

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Law Students

The two selected teams consisted of Lucas May, Mariné Botha, Bianca Gorman and Jorge Martins, for the second years, and Andre Coleman, Ivan van Zyl, Charlene Lerm and Jaco Kemp, for the third years.

During the semi-finals the Vaal second years competed against the Mafikeng third years, while the Vaal third years competed against the second year team from Potchefstroom.

“...testified of their diligent preparation...”

Both teams did exceptionally well! At the end of the semi-final, the results were Vaal Triangle Campus in first place, Mafikeng Campus in second place and the Potchefstroom Campus in third place.

Essentially this meant that the Vaal Triangle Campus had so far won the competition. However, the tutors of all three campuses unanimously decided to put the best team from the campuses that came first and second through to the final. This decision saw the Vaal second years appearing on behalf of the State against the Mafikeng third years appearing on behalf of the defense.

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Law Students

NWU VAAL PROVES TO BE WORTHY OPPONENTS AT INTERCAMPUS MOCK TRIAL COMPETITION

BY JACQUES MATTHEE

On the evening of 9 September the two teams appeared before Judge Leonie Windell from the South Gauteng High Court in a case of common assault. Both teams presented a very strong case which not only testified of their diligent preparation but also of their legal thinking and reasoning.

In her judgment Windell J ultimately decided that the State had not proven their case beyond reasonable doubt.

However, this was not the deciding factor in who was to be crowned the winners of the competition. Instead the learned judge had to decide the winners based on, amongst other, the strength of their argument in court, their knowledge of criminal procedure and adherence to court etiquette.

Although the results were extremely close, the scales tipped in favour of the Mafikeng Campus. This, however, did not retract from the performance of the Vaal Triangle Campus who had proven to be worthy opponents.

The Vaal Triangle Campus congratulates the team from the Mafikeng Campus on their excellent achievement and look forward to seeing them in court again next year.

Q & A WITH SCHALK MEYERBY HELGARD VAN JAARSVELDT

Tell me a bit about yourself; where did you grow up, what made you choose the legal field?

I grew up in Mpumulanga and after that I was in the Orange Free State for some time. I studied at the old Potchefstroom University for Christian Higher Education (now NWU) and then became a prosecutor.

After having done my articles I became an attorney. I started working at the university in 1990 and later on I became the director of the law clinic.

Tell us a bit of what you had to go through to get where you are today?

I did not really encounter many hiccups, though I did a variety of things. I wasn’t interested in the academic field of the law. I was in private practice for a number of years before I became the director here. So, I didn’t really have to go through major issues in my life.

What do you want to achieve through your legal career?

We are not only clinicians but also public interest lawyers. We are not in this game to make money we only receive a normal salary from the university. Our main aim is to assist the poorer people of this country who do not have access to legal aid. Our other concern is training, especially our LLB students from Potchefstroom. They undergo legal training by us to assist them in the actual practicing of law.

“Hard work, that’s it !!!“

That is very profound. You have obviously gained valuable experience in your field. What do you enjoy most about the law and where you work?

I find it very rewarding to assist people who cannot afford legal services. The “thank you” we get after have assisted such a person is very satisfying. Being able to help people even in rural areas who can barely speak English or Afrikaans is extremely rewarding.

“We are not in this game to make money...”

What 3 descriptive words come to mind, that you would use to describe your character?

Loyalty and every other good characteristic you can think of. (Haha!)

Can you describe two situations within your profession that are particularly motivational to you?

Receiving positive feedback from clients and receiving a “well-done” by the boss. This makes me want to work harder, achieve more and assist more clients.

Are there any exciting developments in your career that you would like to share with our readers?

There are many. I’m involved in many things e.g. National programs as far as legal services are concerned. We started to cluster in 2003 when we established networks of rendering legal services in 4 provinces – Western Cape, Eastern Cape and a part of North West, Mpumalanga and Limpopo. I was also the President of the Association of legal Institutions. I am really busy with a lot of things and many programs.

That’s very exciting. Are you nervous when dealing with these challenges?

No, not anymore. I am retiring at the end of next year. It is really all about being open and honest, informing your client about what you need and what you can do. When talking to outside funders, such as the university which funds us, just be straight forward and honest. There is no need to be nervous.

So confidence obviously plays a huge roll in what you do?

Yes.

Do clients ask for a guarantee of a certain trial outcome?

They do, but you can never promise an outcome, whether you might be able

Interviews Interviews

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to get it or not. You never know which magistrate will be presiding or how strong the opposing attorney might be. So never guarantee an outcome

In terms of the law do situations sometimes force you to act in a way that you do not fully agree with?

As far as the law is concerned, you have to abide instructions whether you agree or not. I might advise a client in a certain way regarding a certain matter, but at the end of the day I act according to the instructions of the client. As long as the client knows I am in disagreement if he intends breaking the law or/and if it is against our policy of ethics.

What has been the biggest contributor to your success thus far?

I think it is my wife and my close family through all these years, as well as my colleagues who were alongside me at the clinic. Even those who went before the recent ones and everyone who has assisted me through these years. I also think that my beliefs are very important

What advice can you give aspiring legal minds to achieve their dreams?

Hard work, that’s it!!! Be clinical, be professional and be honest. Go out there and work hard.

“...work harder, achieve more...”

What accomplishments are you most proud of?

There are many things over the years. I’ve worked for the university for well over 25 years now. Apart from the university I’ve also been involved in legal clinics on national level.

Looking back is there something you have achieved which at the time you thought you would never be able to?

No! I never start something that I cannot finish or that I regard as unsuccessful. I try to weigh up all the pro’s and cons and if there aren’t enough pro’s I will not start something that cannot work.

Tell us about the pressure factor involved with what you do?

We have our challenges. The law clinic has to be run from public funding. So, finding/raising the funds to run it can be seen as pressure.

What irritates you most in life?

Arrogant people, people with hidden agendas as well as people who cannot do as they are told irritate me.

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Interviews Interviews

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“...humbled by the privilege...”

After all the stress and pressure you encounter during the course of the matters you attend to where do you like to go and unwind?

I am an Honorary Ranger and I enjoy working with other honorary Rangers. We also do duty in our National Parks. I am also part of the National Executive Committee of the Honorary Rangers. It is a lot of extra work but luckily my colleague has also become an Honorary Ranger. She is assisting in the re-writing of the Constitution of the Honorary Rangers for the San Parks – a very big job. I also play bowls every Saturday or whenever I can. I am also a Gideon, yet not very active at the moment due to lack of time. I also love my wife, children and grandchildren whom I enjoy spending time with.

In terms of what you deal with and see everyday, what makes you most humble?

I am humbled by the privilege I have in being involved in what I do. As well as the blessings I receive in being able to do that day by day.

A Legal Perspective A Legal Perspective

IS IT LEGAL TO WARN APPROACHING VEHICLES TO REDUCE SPEED WHEN THERE IS TRAFFIC CONTROL AHEAD?

BY GERMARIÉ VILJOEN

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In South Africa, it is almost common practise for drivers to warn fellow road users (by way of flashing head lights or even by the use of hand signs) to reduce speed when there is a traffic control ahead. In this article, the lawfulness of this practise is evaluated.

As early as 1952, a case involving these facts was brought to a Magistrates Court. In R v Robertson 1952 (3) SA 291(TPA), Mr Robertson was caught by a speed trap after exceeding the speed limit. Directly after Robertson continued his journey, he warned two approaching drivers to slow down before being caught by the same

speed trap. The traffic control officers saw what Robertson had done and took him into custody. Even though the traffic control officers on duty were of the opinion that the two approaching vehicles would not have exceeded the speed limit, even if they had not been warned, Robertson was charged with the offence of defeating the ends of justice. It was argued that, as a result of his actions, the officers were hindered to execute their normal duties. The court found Mr Robertson guilty of defeating the ends of justice, awarded a fine of R10, and had to serve a jail sentence of seven days (with slave labour!). Robertson appealed to the High Court in Pretoria.

Robertson’s advocate argued that the court should distinguish between two scenario’s:

Firstly, where an innocent person (a person driving within the speed limit) is warned in this manner, and secondly, where a person is warned while he is committing a crime (while exceeding the speed limit).

It was argued by the accused’s advocate that one cannot be accused of hindering officers in executing their duties if a motorist warns an approaching vehicle that is innocent (driving within the speed limit) merely, because the driver that is being warned does not commit an offence.

On the other hand, where a person indeed commits an offence by driving too fast, and a driver then warns him to reduce speed, then obviously he must be held liable for hindering the police for executing their legal duties.

The judgment showed little sympathy to Robertson. The court held that the motivation behind a speed trap is to establish whether motorists comply with the law or not.

Anyone that interferes in this regard by warning approaching vehicles to slow down, is guilty of an offence.

This judgment was not only criticised by the academia, but also by the judiciary in S v Perera 1978(3) SA 523 (T). Similarly, in this case, the accused was charged with defeating the ends of justice. Perera passed a speed trap within the speed limit. Approximately 300 meters after the speed trap, Perera warned an approaching vehicle by flashing the head lights of his vehicle. The approaching vehicle was however followed by a vehicle carrying a provincial traffic control officer who saw Perera warning the approaching traffic.

The officer pulled Perera over and pressed charges of defeating the ends of justice. It should however be noted that the speed limit (where the speed trap was situated) was 80km/h and at the time Perera warned the approaching motorist, the vehicle only moved at about 60km/h (thus well within the speed limit).

In the Perera-case, the court repealed the Prince-judgment of 1952 and argued that where a motorist has no reason to believe that the driver of the approaching vehicle is driving too fast, he cannot be held guilty for defeating the ends of justice if he warns the driver of an approaching vehicle.

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A Legal Perspective

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A Legal Perspective

SETTING A LEGAL FRAMEWORK FOR THE USE OF ENVIRONMENTAL MEDIATION IN SOUTH AFRICA

BY GREY STOPFORTH

Environmental disputes are disputes that involve several fields within the law, which in turn, vary according to their intensities. They involve issues such as the use of land and the protection of surroundings within which the humans exist that are made up of the land, water and atmosphere of the earth, micro-organisms, plant and animal life, and the physical, chemical and aesthetic and cultural properties and conditions that influence the human health and well-being. Alternatively, environmental conflicts also include issues that include national importance and significance with severely contrasting positions and intractable natures. Whether an issue is an environmental conflict or dispute, it may have detrimental consequences on the environment

it affects and the parties involved. In light hereof, and in the context of South African environmental issues, section 24 of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution) guarantees:

…everyone a right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

To give effect to the constitutional right, the National Environmental Management Act 108 of 1998 (hereafter NEMA) is the general statute that regulates environmental functions performed by organs of the state.

In Maccsand (Pty) Ltd v City of Cape Town and Others (CCT 103/11) (2012) ZACC the Constitutional Court held that NEMA also provides for co-operative, environmental governance by establishing principles for decision-making on matters affecting the environment, and lays down principles which must be followed in making decisions that may affect the environment. It furthermore prescribes a range of environmental rights and responsibilities, and sets out civil and criminal sanctions for its enforcement. Section 34 of the Constitution, furthermore, guarantees everyone a right to have any dispute resolved by the application of law decided in a fair public hearing before a court or where appropriate, another independent and impartial tribunal, or forum.

With reference to decisions made by a state organ, section 33(3)(a) prescribes that national legislation must provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal.

In light of reasonable legislative and other measures necessary for the resolution of disputes, NEMA provides for a dispute resolution framework, other than adjudication or litigation, by way of conciliation for the resolution of environmental disputes.

Conversely, the process that facilitates the resolution of environmental disputes is rigid and the wide discretions of public officials may at times restrict the participation of involved parties. In addition, the use of conciliation (be it mediation) are restricted to only a few instances. As opposed to this, litigation is the traditional method for resolving environmental conflict, and even though NEMA prescribes conciliation, it is limited to only a few instances.

“...it may have detrimental

consequences...”Paul Pretorius defines alternative dispute resolution (hereafter ADR) as:

…a field of practice and study which concerns the selection, design and application of process that best deals with a particular dispute or conflict and is best suited to the requirements of the parties involved.

ADR aims to avoid displeasure, expense and delay of the legal procedural systems, and seeks to promote the ideal of access to justice. Put differently, it aims to provide affordable, simple, quick, and accessible justice. ADR methods consist of two categories, namely, adjudicatory and non-adjudicatory.

A Legal Perspective A Legal Perspective

The adjudicative processes include arbitration and binding expert determination, which leads to a binding decision concerning the particular case.

In contrast, non-adjudicative processes such as, facilitation, negotiation, conciliation and mediation, seek to resolve disputes by way of an agreement between the parties without any adjudicative methods. Pretorius states that negotiation, mediation, arbitration and litigation are the main, or primary, methods of dispute resolution and in addition hereto, that all other methods are “to some extent derivates or applications of these processes.” According to Roa:

Of the several ADR techniques, “mediation seems to be the most widely-used one; it is the same dispute resolution process as conciliation, except that in the case of the former the neutral

third party plays an active a more active role in putting forward his own suggestion for the

settlement of the dispute. Sometimes, the terms “conciliation” and “mediation” are used

interchangeably.

The same applies to the South African use of conciliation and mediation. However, although legislation prescribes the use of either mediation or conciliation, there is no general statute that defines or regulates the mediation process. The above issue illustrates the necessity to firstly, give a generic definition for mediation and secondly, ascertain whether the aforementioned definition applies to environmental mediation. Mediation is defined as a fair and just voluntary negotiation process

that involves the services of a natural, impartial and neutral third party to assist/facilitate the parties’ nego tiations towards a settlement determined the parties. Sidaway) defines mediation as a:

...form of collaborative interest-based negotiation which enables the parties to

explore and understand each other’s underlying interests, not just their bargaining

positions.

“...the complexity of environmental disputes...”Mediation is used for several purposes, which include; defining problems, managing conflict, negotiating possibilities, formulating policies (by way of public participation), preventing conflicts, and possibly reconciling parties. Although mediation is defined in several ways, four core values are identified, namely:

• it is a decision-making process;• in which the parties are assisted by a third person, the mediator;• who attempts to improve the process of decision-making; and • to assist the parties reach an outcome to which each of them can assent.

Unlike adjudicative techniques, mediation is not a determination, but rather a consensus building negotiation. Countries such as the USA, Canada, Australia, the UK, and China have acknowledged the appropriateness of environmental mediation. Many countries are increasingly turning away from adversarial dispute settlement methods in order to embrace a more amicable way to resolve environmental disputes.

“South Africa still has

The rationale behind this decision may be because of the complexity of environmental disputes (whether intergovernmental, between private parties or/and government agencies) and the inability of courts and administrative organs to accommodate the interests of the parties involved in an environmental dispute. Although environmental mediation reached success in many countries, it has not yet taken root as an environmental dispute resolution method in South Africa until recently.

The Department of Environmental Affairs announced on the 21st of July 2013 that they are in the process of establishing accreditation standards for a panel of environmental mediator. The discussion document includes topics such as the general mediation accreditation standards in South Africa, the specialized skills and experience required to be an environmental mediator, additional requirements and aspect in re procedural issues.

a long way to go...”

Establishing a panel of mediators can surely be seen as a step in the right direction, however, South Africa still has a long way to go in order to compete with other countries such as the USA, Canada and Australia that have practiced environmental mediation since the early 1970’s. We can only learn from their mistakes to strengthen our own ADR system and investigate the use of mediation to resolve both environmental and public disputes.

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Campus news

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Campus news

Have you ever wondered what it would be like to have class, but not be in class? Ever get those days where you are just not in the mood to attend a lecture, but the fear of missing out on something important ultimately convinces you to drag yourself to campus? Maybe you fell ill and were unable to attend a lecture. Now you are faced with the task of catching up and, in certain cases, begging the lecturer to let you submit that homework or do that class exercise that you missed. I am sure that most students have experienced the above at least once or twice during the course of their studies; some maybe even more than once!

Luckily all of that is a thing of the past. Now students can enjoy the benefit of being in class, while not being in class. Yes, you read correctly. This semester the subject groups law and politics have taken hands in a project that might just reshape the way students think about attending lectures. This project, headed by Dr JL Matthee from law and Dr I Gouws from politics, consists of two components: lecture capturing and live lectures. With the lecture capturing component, all lectures are recorded and automatically uploaded to eFundi for convenient access by the student.

Once uploaded the lectures can either be viewed online or downloaded in various formats for viewing later.

In this way students never miss out on those all-important announcements, tips and instructions given in class. And there’s more, when it comes to revision and preparing for tests and/or exams students don’t have to rack their brain or peruse their class notes to recap difficult content. They simply watch the lecture!

“...simply... watch...”On the other hand, for those students who are paranoid about missing lectures, yet sometimes find it unavoidable, the live lectures are just the thing for them. Accessing the live lectures is as simple as going into a web browser and opening a webpage. Through unique URL’s provided by the lecturer, students will be given access to a virtual session where the lecturer may either stream whatever is being shown on the projector or may simply switch on the video camera thereby enabling the student to see exactly what is happening in class. Either way, students are also able to hear exactly what is being said and can even participate and ask questions by using the nifty chat function. What is even more convenient is that the live lectures can be accessed from any desktop computer, laptop, tablet or even a smartphone. There is even a neat app for both iOS and Android devices that students can use.

At this point you might be wondering about those important class exercises that may just count for marks.Would attending the live lectures mean that students would miss out on them? Absolutely not. As part of the project the use of mobile online assessment tools as an alternative to traditional assessment tools (pen and paper) is also being explored. As with the live lectures these tools can be accessed either via a web browser or by downloading the particular app. All that is needed is one of the devices above and an internet connection. It is that simple!

“...benefit of being in class, while... not...”It must, of course, be mentioned that with any new project there are one or two obstacles to overcome. For example, this semester the unforeseen network instability on campus has proven to be particularly challenging for the live ectures. Nonetheless, we are certain that it has not deterred students from using this feature and that they will help us build the project by providing valuable feedback on possible improvements. After all, the idea is to benefit students by providing them with convenient access to the best quality education possible, while at the same time introducing them to the future of lecturing at the Vaal Triangle Campus.

LAW AND POLITICS INTRODUCE LECTURE CAPTURING AND LIVE LECTURES – A FIRST FOR THE VAAL TRIANGLE CAMPUS.

BY JACQUES MATHHEE

1. You major in Procrastination

It is one week before your exam and you take the opportunity to watch all ten seasons of Grey’s Anatomy, even though you’ve seen it three times already. With one day left you actually find yourself sitting at the desk, when all of a sudden it dawns on you how disorganised your closets are and before you can even think about concentrating on the exam you HAVE to tidy things up. Two things – First of all, your closet has been this way the entire semester and secondly, when sitting at your desk you cannot see into your closet. That is unless you are the next generation of super hero. This is the classic case of procrastination and you are an expert in it.

2. You work best under pressure

Ever used the excuse “I work best under pressure”? At first this sounds the same as the first sign, but this takes your addiction a dangerous step further. You actually convinced yourself that you have done your best work just in time for submission without even a minute to spare for reviewing your paper. You may even argue that you do this on purpose. Doing crazy things for the thrill of it can have dangerous consequences.

3. Your alarm will go off in 2 hours and 14 minutes from now

You haven’t slept in 46 hours and you do

When stressed adrenaline and cortisol levels rise in the body giving you a “free” and all natural high. Exciting right? Or are you maybe...

...getting more than you’ve bargained for?

Follow these twelve steps to identify the signs, symptoms and effects of stress addiction and learn handy habits to help you on your road to recovery.

Six signs that prove you are addicted to stress:

Studying LawTips and Advice

Studying Lawnot care. You didn’t do your homework during the day, because you were to busy catching up on all your favourite series, so you have to do it while everyone else enjoys a good night’s sleep. Once finally in bed you experience a difficult time to turn off your brain so you decide to play candy crush until your phone’s battery dies. Who needs sleep anyway?

4. You cannot get by without your quick fix of caffeine

Because of loosing all this sleep you need another drug to get you out of bed and keep you up and running for the rest of the day. Maybe you should drink less energy drinks and coffee and start asking yourself why you are so tired in the first place.

5. According to you, the only thing you are addicted to is work

You are sometimes busy, but most of the time you are insanely busy. You have a difficult time doing nothing at all. Your friends describe you as a workaholic, but the strange thing is that they have the exact same amount of work than you do.

6. You know you are stressed but you do nothing about it

The signs are everywhere. You feel weighed down and at least four years older than you really are, you clench your teeth, you are

STRESS ADDICTION IN 12 STEPS BY MELISSA VAN DER MERWE

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sporting a frown as your latest accessory and the last time you smiled was when you had a nice cup coffee. You know how stressed you are and yet you do nothing about it. Like all other drugs, stress also has negative side effects, making this seemingly free drug a costly habit.

7. Short term effects of stress

Ask yourself, are you experiencing any of the following: Muscle aches, insomnia, anxiety, a short temper or frequent colds? Thing is, this is only the short term side effects of stress addiction.

8. Long term effects of stress

It is all fun and games until you realise that prolonged exposure to adrenaline and cortisol can cause physical and mental problems such as heart disease, increase in blood sugar levels, muscle breakdowns, premature aging, depression, social isolation and even substance abuse.

Kick the addiction by learning these healthy habits:

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Studying Law

1 Prioritise – Put yourself at the top of your to-do list

2 Unwind by exercising or by doing something you like.

3 Ditch toxic friends that pull you down and cause unnecessary additional stress.

4 Unplug yourself from the digital world and plug into the beauty of nature. Studies found that not only does this lower stress and anxiety levels, but spending time appreciating nature can even boost your self-confidence.

It is important that we recognise the significant impact that stress has on our health and happiness.

Recovery is not an option. Kick the addiction!!!!!!!

Studying Law

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Studying Law Studying Law

YOUNG LAWYER’S START-UP KIT BY NELISIWE TSHABANGU

This is it. The end of degree one for most of us, the beginning of a career for some and the starting point of a second degree for others. While this has been an experience that has helped shape us into better individuals it has also been one exhausting process (a mere taste of what life is about.) Throughout the last three years I have learned valuable life lessons the type money cannot buy. These have been from everyday experiences and my daily interactions with legal scholars and ordinary people from bloggers to car guards. Chris Hargreaves is a young American lawyer who frequently blogs about his challenges as a young lawyer who is trying to find his feet in the legal sphere.

For those who want to pursue the job market, here are a few pointers that the aforementioned author discusses.

“...so... ask for someone’s help.”

1 There’s always a fly in the room

Ever sit in a room and tried to focus on lying down or working on something important, and notice a fly or mosquito in the room? That annoying buzzing hindrance that will 8/10 times keep you from doing what you need to do?

It’s either you work and try to ignore it or waste precious time trying to get rid of it. Young lawyers face this challenge on a regular basis, there are constantly a few things (matters, skills, worries or issues) that bother you on a daily basis.

“Do what you love...”

Perhaps some issues have been around for so long that one is so accustomed to having the around. We may regard them as second nature but this does not mean that their presence isn’t gradually eroding one’s self confidence and ability to advance. Tackle the issue, learn a valuable skill of “fronting up to the problem” or get past the worry (sometimes ‘it is what it is’). Asking for help where we struggle does not make us weak it makes us wiser, so ask for someone’s help.

2 You can usually walk slightly further than you think

As a young lawyer who has just arrived at a firm, you will realise that you may only do so much. Over time your responsibilities will be more complex and they will increase in volume as well. Along the way it is easy to make a few mistakes in the process of learning. It is vital that you do not base your legal skills and abilities on the mistakes you have made. For example, don’t call yourself a poor communicator because a client once took something the wrong way.

Stretch your boundaries, our skills are not limited to our previous experiences. The past is there to shape you and not confine. Each time you do something beyond your comfort zone you grow wiser and savvier to the trade.

“Stretch your boundaries...!!”

3 Pain… is painful- but not always debilitating

Legal practice has been categorised as a painful profession. There is a lot of stress involved in the legal profession. While it sucks to have fought a losing battle, this should not discourage you from doing what you love which is practising law (hopefully). Learn to grow, learn and adapt. Sure, take the necessary precautions to ensure that lightening doesn’t strike the same place twice, but don’t be afraid to push the envelope.

“The world is truly your oyster.”