Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

Pretoria Student Law Review 2013 - 7

Pretoria Student Law Review 2013 - 7
Managing editor: Mark Nichol
2014
ISSN: 1998-0280
Pages: 54
Print version: Available
Electronic version: Free PDF available

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About the publication

‘Education is the most powerful weapon which you can use to change
the world.’- Nelson Mandela

A sense of satisfaction is felt in presenting the seventh edition of the Pretoria Student Law Review. With each successive edition, the Review comes ever closer to being infused into the heritage and culture of the Faculty of Law at the University of Pretoria. Thereby, cementing into legacy a dialogical space for the expression of young people — some being future lawyers, advocates and academics — a space that challenges the status quo. As a consequence, the Review, as a true creature of education, may bring about positive change in the world.

I would like to thank the 2013 Editorial Committee consisting of Alicia Allison, Michele Dempster, Thorne Godinho, Alexia Katsiginis, Duncan O’Kubasu Munabi, Michael Potter and Alistair Van Heerden. I thank them for their dedication to the Review. I would also like to extend my respect and appreciation to the Editorial Board consisting of Prof A Boraine, Prof D Brand, Prof C Fombad, Prof P Maithufi, Prof K Van Marle, Prof M Roestoff, and Prof W de Villiers. For their guidance and support, I am truly grateful. It is the influence of experienced minds that has been essential to the success of the Review. The Review has further benefited from the ever-helpful Mornay Hassen, Elzet Hurter, Lizette Hermann and Vuyisile Smith, who have been unwavering in their support and assistance.

This edition covers a diverse range of topics and it is hoped that the reader will explore the pages of the purple review from cover to cover. Alexia Katsiginis writes on a possible failure in space law to regulate objects constructed in space; her writing originates from research conducted for the Manfred Lachs Space Law Moot. Michele Dempster writes on carbon tax with a reflection on the possible impact on South African carbon intensive industries. Tshepo Saloane considers whether Regulation 28 of the Pension Fund Act adequately addresses retirement fund investments. Serena Kalbskopf writes on transformative constitutionalism as a jurisprudential approach of understanding judgments. Lauren Carr writes on the philosophy of judgments with particular focus on environmental law. An acknowledgement is extended to the contributors for their unique expression and argument, and for choosing the Review as their preferred forum for dialogue.

I thank Michele Dempster for her contribution to the Review’s new website, which can be accessed at www.pslr.co.za. The journal continually strives to encourage debate and the website provides another forum to indulge in expression. We aimed to create a space encouraging discussion, forging ideas and fleshing out arguments; where ideas may finally become fledged. Once fledged, these ideas may give rise to research and writing that may appear within the pages of this Review. We strive for the complete metamorphosis of an idea to research resulting in writing that may occur within the Review’s structures. I encourage you to register on the website andengage in this process.

The Review hosted the Writing Dangerously workshop, for which vast appreciation must be shown to Thorne Godinho for making the arrangements. The workshop hosted Prof Pierre De Vos, Prof Karin Van Marle, Michael Clarke and Dr Stefan de Beer. Students were invited to come mull over wine with the aim to encourage not only writing but also dialogue around writing. I would describe the event as a seemingly omniscient flow from the highly regarded speakers to the audience. Overall, it was a pleasant place to be.

Throughout my studies of law I would often come to be disheartened by the encouragement to be a ‘note-and-test-taker’ — success was found in the ability to memorise information. In my opinion, law students are not ‘note-and-test-takers’ but rather legal humanitarians. Legal humanitarians who are ever aware of the link between law and people. However the view, whether a legal humanitarian or otherwise, being a law student is not one dimensional. I reflect on the Editor’s Note in the first edition of Pretoria Student Law Review, which states that ‘the PSLR represents a student voice […] — it’s [sic] up to you to use it and make it stronger’. Do not deprive yourself of this richness and give in to it. Become multifaceted. Become an individual. Write. I encourage you to enrich yourself and be enlightened by your own mind.

Mark Nichol
Managing Editor
December 2013

Managing editor: Mark Nichol

Editors: Michele Dempster, Alastair Dey Van Heerden, Thorne Godinho, Alexia Katsiginis, Okubasu Munabi, Michael Potter


Table of Contents

  • Editors’ note
    Mark Nichol
  • From the Dean’s desk
    André Boraine
  • Falling through the gaps of the registration convention: A need for revision
    Alexia Katsiginis
  • Carbon tax: Progress or platitude for South Africa?
    Michele N Dempster
  • Regulation 28 of the Pension Funds Act: Regulating prudential investment
    Tshepo Seloane
  • The Shilubana judgement in light of transformative constitutionalism
    Serena Kalbskopf
  • Abalone poaching: A philosophical approach
    Lauren Carr

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