Abstract

This edition, one of the most voluminous to date, opens with an oratio by IT Cohen Professor of International Law and Human Rights, Emory University School of Law, Johan van der Vyver. The paper was delivered in the HL Swanepoel series of lectures on 26 May in Potchefstroom. In a well documented paper covering historical perspectives on the right to self-determination, the definition thereof and limitations thereupon, Van der Vyver concludes that the "[d]rafters of the South African Constitution rejected segregation of rival ethnic, religious and linguistic communities, as well as the promotion of cultural, religious or linguistic homogeneity within our nation, as a means of counteracting group-related tensions in the country's social construct. . . . The new constitutional dispensation accordingly seeks to promote pride in one's group identities." He also points out that "[p]luralism, tolerance and broadmindedness have been singled out by the European Court of Human Rights as indispensable components of a democratic society." A link to video material of the lecture is also included.
 

Highlights

  • Sarika de Wet, Hennie Oosthuizen and Jo-Mari Visser of the University of the Free State delve into the scientific basis and presentation of DNA evidence in order to assist lawyers to deal with the complex, but highly useful evidence provided by DNA profiling

  • Tom Bennett of the University of Cape Town delivered a seminal paper on the enigmatic South African notion of ubuntu

  • In the paper he canvasses the uses of ubuntu in the various disciplines of public and private law, he surveys the theoretical objections to the use of ubuntu and concludes that it provides the South African courts with a metanorm, similar to the English law notion of equity, but as yet not developed into rigidity as in the case of equity

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Summary

Introduction

Sarika de Wet, Hennie Oosthuizen and Jo-Mari Visser of the University of the Free State delve into the scientific basis and presentation of DNA evidence in order to assist lawyers to deal with the complex, but highly useful evidence provided by DNA profiling. Two papers delivered at a Humboldt-Kolleg on "Ubuntu, Humanity and Good Faith" held from 1-3 September 2010 in Potchefstroom are published here.

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