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FACULTY NEWS
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SEMINAR
The Intergovernmental Panel on Climate Change (IPCC) and its recent report on Managing Risks of Extreme Events and Disasters to Advance Climate Change Adaptation (SREX)
Presenter: Dr. Kristie L. Ebi
Date: Monday, 21 November 2011
Time: 11:00 - 12:00
Venue: Room 1028 Ou Hoofgebou
Abstract
The Summary for Policy Makers of the IPCC Special Report on Managing Risks of Extreme Events and Disasters to Advance Climate Change Adaptation will be approved by the world governments in November 2011. The focus of the Special Report is on climate change and its role in altering the frequency, severity, and impact of extreme events or disasters, and on the costs of both impacts and the actions taken to prepare for, respond to, and recover from extreme events and disasters.
The emphasis of the presentation is on understanding the factors that make people and infrastructure vulnerable to extreme events, on recent and future changes in the relationship between climate change and extremes, and on managing the risks of disasters. It also touches on durable links and foundations for partnerships between the stakeholder communities focused on climate change and those focused on disaster risk reduction. Corresponding to ongoing research undertaken at the Faculty of Law at Stellenbosch University, Dr. Ebi also assesses the potential policy tools relevant to the local, national and internationals scales.
Dr. Kristie L. Ebi has a leading function in the Intergovernmental Panel on Climate Change, which plays the most prominent role in the international climate change regime when it comes to providing national governments all over the world with scientific and technical inputs. The IPCC was established by the United Nations Environmental Programmes (UNEP) and the World Meteorological Organisation in 1988 and was awarded with the Nobel Peace Prize for its work in 2007.
Enquiries: Prof OC Ruppel - E-mail: ruppel@sun.ac.za
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Law and Poverty Project provides research support for the amicus curiae intervention in the case of Maphango v Aengus Lifestyle Properties (Pty) Ltd
Participants of the Law and Poverty Research Project as well as the South African Research Chair in Constitutional Property Law provided research support to the Inner City Resource Centre for its intervention as amicus curiae in the case of Maphango v Aengus Lifestyle Properties (Pty) Ltd CCT57/11, heard in the Constitutional Court on 3 November, 2011. The applicants in the case are tenants who leased residential property in the Johannesburg inner city (in a building occupied predominantly by low-income tenants who have benefitted from government support and welfare payments) for periods of up to seventeen years. The property was bought by the respondent, Aengus Lifestyle Properties ('Aengus'); a company that buys inner city properties, effects cosmetic renovations and rents out the renovated units at increased rates. After purchasing the property, Aengus demanded rentals from the applicants at rates double to triple of those previously paid. The applicants, who are poor, could not afford these rentals and in response, Aengus terminated the leases. Alternative accommodation of the same price and standard is not available to the tenants and seven of the residents will be rendered homeless if they are evicted from the property.
The issue that arose was whether it was lawful and constitutionally permissible, in light of the Rental Housing Act and section 26 of the Constitution (which provides that everyone has the right to access to adequate housing), for the landlord to circumvent protective 'escalation clauses' contained in the leases by simply terminating the contracts in terms of a cancellation clause with the purpose of entering into new lease agreements at much higher rentals.
In an appeal from the Supreme Court of Appeal, the applicants argued before the Constitutional Court that the tenants' right to access to adequate housing in terms of section 26(1) of the Constitution had been infringed by the cancellation and that the cancellation was therefore contrary to public policy; that the termination of the leases constituted an 'unfair practice' in terms of the Rental Housing Act; and that the leases contain a tacit term that rent could not be increased beyond the limits set out in the escalation clauses.
The amicus curiae proceeded to argue that the horizontal application of the section 26 right to access to adequate housing should be recognised and 'hardwired' into the relationship between landlords and tenants by interpreting the Rental Housing Act in a manner that protects constitutional rights or, alternatively, by developing the common law of lease. In particular, it was argued that section 4(5)(c) of the Rental Housing Act, which prohibits 'unfair practices', prohibited the respondent from cancelling the lease agreements. If the Rental Housing Act could not be interpreted so as to vindicate the section 26 right of the applicants, it was argued that the common law should be developed so as to recognise an implied term whereby a lessor may not cancel a lease agreement in order to circumvent protective clauses where the termination of the lease would cause disproportionate hardship to the lessee.
The respondent relied on its contractual right to cancel the contract and argued that if this right was denied, the effect would be to create a lease in perpetuity. In addition to contravening the doctrine of pacta sunt servanda, this would constitute a grave infringement of the landlord's property rights.
Members of the Court actively engaged all parties on diverse issues including questions as to who should bear the social cost of the tenants' right to access to adequate housing; how the rights of landlords and tenants should be balanced in practice; and how the Rental Housing Act could be interpreted and the common law developed so as to ensure that that an appropriate balance is struck between the right to access to adequate housing and property rights of private parties. Judgment was reserved.
The intervention of the Inner City Resource Centre as amicus curiae aimed to provide further insight as to the substantive content of the right to access to adequate housing as including elements of security of tenure and affordability, the correct interpretation of the Rental Housing Act and the possible need to develop the common law in the light of constitutional rights and values. In addition, significant comparative research, which focussed on rental housing practice in Germany and Canada, was conducted to illustrate how the relationship between landlords and tenants could be infused with fairness while simultaneously striking an equitable balance between the rights and interests of all parties concerned.
Amicus curiae submissions are available here
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Ciucci family and Stellenbosch Law Faculty partner to support transformation
Access to the legal profession, socially relevant research to uphold constitutional rights and legal resources for rural areas will be the emphasis of the Ciucci Law Development Initiative established in the Faculty of Law at Stellenbosch University (SU).
"The Faculty is proud to announce that Giuseppe and Kathleen Ciucci have made a significant pledge to the Stellenbosch Foundation to fund the Ciucci Law Development Initiative (CLDI)," says Prof Gerhard Lubbe, Dean of the Faculty and Director of the Ciucci Centre for Law and Social Development. "Developed in the context of the University's HOPE Project, the Ciucci family and the Law Faculty will partner to support the Faculty in a way that best contributes to positive transformation in South Africa."
Mr Ciucci was appointed Chief Executive of the Stonehage Group in London in May 1997. Giuseppe and his wife, Kathleen, are both alumni of Stellenbosch University's Faculty of Law. Stonehage is a leading independent Multi Family Office offering wealth management and advisory services to an international clientele.
"Kathleen and I would like to assist disadvantaged learners to access the legal profession, and to support Stellenbosch University to expand its legal resources in rural areas," Mr Ciucci said. "The Ciucci Centre for Law and Social Development will act as a hub to facilitate socially relevant research and law-related projects that will directly benefit rural communities and disadvantaged learners. We believe this initiative will contribute to the realisation of the University's HOPE Project and establish the University as a catalyst for positive social transformation."
The first pillar of the CLDI - launched in 2011 - will facilitate access to legal education through the Undergraduate Training Initiative providing Giuseppe & Kathleen Ciucci Scholarships for First Year students at the Faculty of Law, matched by the Dean's Fund. These scholarships extend the existing Recruitment Scheme initiated by the Stonehage Charitable Trust and the Dean of the Faculty of Law in 2009, resulting in 22 scholarships being available annually to recruit qualified students from disadvantaged groups. Further funding has been earmarked for a Career Guidance Initiative in the Western Cape area, as well as a First Year Academic Support and Mentoring Programme of the Faculty of Law.
The second pillar of the CLDI is a Developmental Law Initiative, which has attracted three leading faculty members, Prof Sandra Liebenberg, Prof Geo Quinot and Prof André van der Walt, to become the first Fellows of the Ciucci Centre for Law and Social Development, focused on post-graduate research and training in the areas of Socio-Economic Rights, Administrative Justice and Constitutional Property Law. The Centre will co-fund the post-graduate assistantships of the abovementioned participants in the Faculty of Law's HOPE project in 2011.
For further information on this Initiative, please contact Prof Gerhard Lubbe, Director of the Ciucci Centre for Law and Social Development. Tel: +27 (0)21 808-3784 or gfl1@sun.ac.za.
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Kathleen en Giuseppe Ciucci |
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NEW PUBLIC PROCUREMENT REGULATION RESEARCH UNIT
The establishment of an African public procurement regulation research unit was announced by Prof Geo Quinot of the University of Stellenbosch, South Africa, at the close of the first day of the Public Procurement Regulation in Africa Conference on 24 October. The unit (of which the exact name must still be finalised) will start operating in 2012 and will be based in the Faculty of Law at the University of Stellenbosch. The aim of the unit will be to continue the work on public procurement regulation in Africa that was started in the UK Africa Public Procurement Project in partnership between the Public Procurement Research Group (PPRG) at the University of Nottingham and the Stellenbosch Faculty of Law. This will include continued research on public procurement regulation on the African continent, training in public procurement regulation and the building of networks in Africa and with similar units elsewhere such as the PPRG. Making the announcement Prof Quinot noted that "the creation of the unit is essential to keep the momentum of the UK Africa Project going and to establish a permanent platform for in-depth research in an area of law that is critical to development in Africa, but currently largely neglected". More details on the new unit will be made available in due course on the UK Africa Project website at www.sun.ac.za/procurementlaw
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Morti Malherbe Memorial Lecture
Prof. Dr. Dr. h.c. mult. Manfred Weiss presented the Morti Malherbe Memorial Lecture titled Law and Social Dialogue in the European Union: Lessons for Southern Africa on 18 October 2011.
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Prof Gerhard Lubbe (Dean) and Prof. Dr. Dr. h.c. mult. Manfred Weiss |
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Prof Sandy Liebenberg, Adv Thuli Madonsela, Prof Arnold van Zyl & Prof Gerhard Lubbe |
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Professors Gerhard Lubbe, Arnold van Zyl and Owen Dean, and Dr Frederick Mostert. Picture: Stefan Els |
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JURIDICIAL SOCIETY 2011 / 2012
The new members of the Juridicial Society were appointed in August.
Front from left to right: Stefanie Grosche (Vice Chairperson), Demi Cyster (Marketing), Tosca Ferndale (Public Relations)
Back from left to right: JJ Arries (Student Enrichment), Maurice Ellis (Social), Eckhardt de Kock (Academic Affairs Council), Handrie Calitz (Treasurer), Shomane Mathiba (Chairman)
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AFFIRMATIVE ACTION WORKSHOP
An international workshop on Affirmative Action took place at the Stellenbosch Institute of Advanced Study (STIAS) on Friday, 22 July 2011. The project is coordinated by Proffs Ockert Dupper (US) and Kamala Sankaran (Delhi, India). Other participants include Prof Dr Ingo Sarlet (Brazil), Prof Moshe Cohen-Eliya (Israel), Dr Tzehainesh Teklè (ILO), Prof Alexander Graser (Germany) and Prof Sir Bob Hepple, (United Kingdom). All the papers will be compiled and published as a book next year.
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Back: Dr Tzehainesh Tekle (International Labour Organiszation); Prof Ockert Dupper (Stellenbosch), Prof Ingo Sarlet (Brazil); Prof Moshe Cohen-Eliya (Israel)
Front: Prof Hendrik Geyer (Director:STIAS); Prof Gerhard Lubbe (Dean, Faculty of Law,Stellenbosch), Prof Kamala Sankaran (India)
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STUDENT WINS ISMAIL MAHOMED ESSAY COMPETITION
Sanita van Wyk, a doctoral student in the Faculty of Law, was declared the winner in the LLM category of the 2010 Ismail Mahomed Essay Competition of the South African Law Reform Commission in Pretoria on 22 July 2011. Sanita received prizes amounting to R10 000 for her essay a Comparative study of Crimes against life in South Africa and Germany, which she completed during her LLM study under the supervision of ms Mary Nel of the Department of Public Law.
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Aall-Stigting skenkings vir behoeftige swart US-regstudente bereik $100 000 mylpaal
Die Aall-Stigting, 'n internasionale liefdadigheidsorganisasie, het onlangs bekend gemaak dat dit $25 000 gaan skenk vir beurse aan behoeftige swart US-regstudente in 2012. Die Stigting het die afgelope twee jaar reeds $75 000 vir hierdie doel beskikbaar gestel.
Die skenkings is gemaak aan die Amicus-fonds, wat sedert 1993 beurse van meer as R1 miljoen aan behoeftige regstudente toegeken het, en wat die beursgeld sal administreer.
Op die foto verskyn Mnr Steven Georgala (middel), wat die Aall Stigting verteenwoordig, Prof Jacques du Plessis, tesourier van die Amicus-fonds, asook Prof Gerhard Lubbe, Dekaan van die Fakulteit Regsgeleerdheid en beskermheer van die Amicus-fonds.
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From left to right: Mr Wolfgang Kleine, Hanns Seidel Foundation Namibia; Mr Theo Nghitila, Director in the Ministry of Environment and Tourism; and Prof Oliver C. Ruppel |
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