Master of Laws Degree for Former KZN MEC
Former MEC for Finance and Education in KwaZulu-Natal, Ms Ina Cronje graduated with a Master of Laws degree.Former MEC for Finance and Education in KwaZulu-Natal, Ms Ina Cronje, was awarded a Master of Laws degree for a dissertation titled: The Constitutional Obligations and Authority of Provincial Organs of State in South Africa to Protect the Environment Through Reasonable Legislative Measures. She worked under the supervision of environmental law expert and UKZN academic Professor Michael Kidd. Cronje went into legal practice after completing her political career as MEC for Finance a few years ago. According to Kidd part of the inspiration for this dissertation title came from work that he and Cronje were doing in drafting new biodiversity legislation for KZN.
Words: UKZNdaba
author : .author email : .Rule of Law Vital for Safety and Security – LLB Graduate
Member of the Metro Police Mr Nzuzo Khuzwayo surrounded by his family after graduating with an LLB degree. From left, his wife Ms Sphumelele Khuzwayo, his mother Ms Pellegia Phungula and his sister Ms Thandiwe Khuzwayo.As a mentor and training instructor for eThekwini Metro Police officers, LLB graduate Mr Nzuzo Khuzwayo always emphasises the important role the rule of law plays in ensuring and promoting safety and security.
Khuzwayo says being part of law enforcement for more than a decade has given him insight into the importance of police considering legal implications when exercising their duties.
For instance, it is important for police officers to consider the legal implications of how they conduct themselves when enforcing municipal by-laws, such as the Application of Section 49 of the Criminal Procedure Act, which deals with the use of force when arresting and/ or detaining a suspect.
As an experienced officer, Khuzwayo - who works at the Metro Police Training Academy - says completing an LLB was an enlightening experience as officers need to remain well informed of changes in legislation as part of their ongoing training in new methods of crime prevention.
‘I have been a member of the Metro Police for more than 10 years and have enjoyed learning not only what the law says about a particular scope or field but about the law in general,’ said Khuzwayo. ‘The knowledge gained through the LLB puts me in a better position to teach, mentor and train students that law is not only limited to the safety and security sector but many other spheres of career development as well.’
A father-of-two, who recently celebrated his 10th wedding anniversary with his wife, S’phume, Khuzwayo says getting an LLB is the first step on his way to completing his articles and becoming a practising attorney.
‘An LLB places me in a position to give legal opinions and guidance to my counterparts and/or management to ensure all legal avenues are explored when dealing with various matters. Knowledge gives one courage to have a voice, to make a meaningful contribution in bringing about change in society and it also builds character,’ he said.
Words: Thandiwe Jumo
author : .author email : .PhD Graduate Investigates Making Labour Laws Family Friendly
PhD graduate Dr Asheelia Behari researched about Labour Laws for working mothers.The fact that maintaining a healthy balance between work and parenting is a challenge for many working parents, led to PhD graduate Dr Asheelia Behari researching how labour laws and policies must become more family-friendly.
For her study titled: The Reconciliation of Work and Care – A Comparative Analysis of South African Labour Laws Aimed at Providing Working Parents with Time off to Care, Law academic Behari studied colleague female attorneys.
It soon became apparent to Behari that women employees were more heavily burdened with caregiving responsibilities than their male counterparts, so she set out to investigate how this could be remedied from a labour law perspective.
‘I was initially drawn to this area for its social and legal perspective on gender roles in the workplace. Many working women are unable to reconcile their workplace responsibilities as they are still considered to be the primary caregivers for their families. Gendered assumptions lead to a conflict in the household and the workplace roles of both women and men,’ says Behari.
Apart from the achievement of gender equality and the accommodation of pregnancy in the workplace, Behari argues that factors which necessitate the legislative reconciliation of work and care in South Africa are the consequences of the HIV and AIDS epidemic on families which places a care burden on working employees - and the need to promote fatherhood in South Africa through the provision of time off from work for fathers to care for their children.
She further states that gaps identified in current labour legislation include the exclusion of specified categories of employees from receiving maternity cash benefits; the lack of guaranteed maternity cash benefits; the failure to provide employees with statutory rights to adoption leave, paternity leave and/or parental leave; the failure to provide statutory rights to breastfeeding arrangements at the workplace, and the failure to a statutory right to request flexible working arrangements to provide care.
‘My thesis conducts in-depth analyses of international and regional labour laws against the laws of the United Kingdom and South Africa. The research indicates that the labour legislation of South Africa which provides employees with employment rights and protections to take time off from work to attend to caregiving responsibilities is inadequate. Laws and policies aimed at the reconciliation of work and care necessitate the statutory recognition of time off from work for employees to attend to their family responsibilities. Labour laws must be used to restructure working time through the incorporation of family-friendly policies, with particular emphasis on statutory leave provisions,’ explains Behari.
As an admitted Attorney, with four peer-reviewed publications within the area of Labour Law under her name, Behari aims to use the PhD degree to progress as a lecturer of Law. ‘It has allowed me to develop a specialised area of legal research which I can teach to future legal professionals and continue to interrogate through publications. I feel fortunate to have completed a PhD thesis so early on in my life that I can use it as the foundation for a future of productive legal research and writing. I am still in my 20’s and envision that the degree will be groundwork upon which I continue to pursue legal academics,’ she said.
Graduating at the age of 29, Behari says that she is excited that she will get to share the title of doctor with her husband, Dr Aneeth Sadanand, a Medical Doctor.
Words: Thandiwe Jumo
author : .author email : .PhD Study Explores Law of the Sea off South Africa
Dr Vishal Surbun is the first PhD graduate produced by UKZN’s Unit for Maritime Law and Maritime Studies.Academic Dr Vishal Surbun’s interest in the niche field of Maritime Law has led to him joining the ranks of only a handful of scholars with doctoral degrees on the law of the sea off South Africa.
Surbun is also the first PhD graduate produced by UKZN’s Unit for Maritime Law and Maritime Studies.
A surge in incidents of maritime piracy worldwide spurred Surbun to explore the legal implications of these crimes through research titled: Piracy Jure Gentium in Territorial Seas: A Perspective from the East African Seaboard.
The study supervised by Dr Paul Swanepoel closely examined the concept of universal enforcement jurisdiction and proposed a model to extend this unique jurisdiction into the territorial waters of coastal states. The proposals presented models from international and uniquely African perspectives.
‘Against the background of attacks by pirates on global commercial shipping off the East African seaboard, international navies were restricted to supressing acts committed on the high seas,’ said Surbun.
‘However, many attacks occurred in the territorial waters of coastal states, particularly Somalia, which exercises sovereign jurisdiction over those waters.’
As 90% of all international trade takes place through global shipping, Surbun’s research plays a critical role in contributing knowledge to this field because maritime security is vital to a prosperous blue economy.
Surbun’s research was wide-ranging from examining contemporary challenges to maritime security in Africa to delving deep into archives. One of the highlights was unearthing the only case in South Africa prosecuting pirates in the nineteenth century.
‘My studies took me to examine works of African scholars and politicians who forged some of the first measures to decolonise the law of the sea. I went to Sweden where I met historians who examined the historical aspects of piracy from different parts of the world.
‘I presented my study at the three-minute thesis competition held by the College of Law and Management Studies and won first prize.
‘Due to the prominence of piracy in popular culture, my study generated an overwhelming interest from my own students, colleagues and the public,’ said Surbun.
As a young academic and amateur calligrapher, Surbun enjoys sharing research and writing skills with his students.
‘The maritime field is niched and highly specialised and I have a lifetime of research and teaching ahead of me. The skills I developed within myself during the PhD process will give me the confidence and capacity to continue with such pursuits.
‘UKZN’s Unit for Maritime Law and Maritime Studies has the largest and most well established maritime law programme in South Africa, with significant input and links from local and foreign maritime lawyers. Being a lecturer in this Unit, my qualification will enhance the pedigree of our staff profile,’ said Surbun.
Words: Thandiwe Jumo
author : .author email : .A Graduation Story
Ms Sanelisiwe Ngobo celebrating her LLM achievement with her mother Ms Ncamisile Ngcobo and brother Mr Thabiso Ngcobo.The long and winding road to graduation has many challenges along the way. For some students it’s tougher and more demanding than it is for others for a variety of reasons.
Here, UKZN Master of Laws graduate Ms Saneliswe Ngcobo tells her graduation and early world of work story:
I come from very humble beginnings. My father passed away when I was in Grade 7 and my mother was a domestic worker. I attended government schools in Umlazi and from Grade 10 to 12, I did extremely well, with my best friend, Thandeka Duma, and I studying together and challenging one another for the top position in class.
In matric we both decided to study Law and I became the first person in my family to attend University.
I enrolled at UKZN’s Howard College for a Bachelor of Law degree and in my second year, I was awarded a certificate from the Golden Key International Honour Society in recognition of outstanding scholastic achievement and excellence. However, the undergraduate degree of Law was not easy at all and I was always very aware that I had to work extremely hard, especially since I had received funding from NSFAS. I think it was that uneasy awareness that pushed me to do my best.
After completing my degree, I was employed by Tomlinson Mnguni James Attorneys as a candidate attorney and placed in the litigation department. I benefited from a passionate team of attorneys who had built up extensive experience and earned an excellent reputation for dispute resolution both in the high court and magistrate’s courts, and before tribunals. I worked very hard and after my Articles of Clerkship the company retained me on appointment as a junior associate. The firm was awarded a tender to handle litigation matters from a large organisation, with much of the business involving maritime matters. I then decided to enrol part-time for a Master of Laws degree in Maritime Law to extend my level of education.
I was later employed by the KwaZulu-Natal Law Society as a Regulatory Affairs Officer. My responsibility at the Law Society now is to deal with complaints lodged with the Society, submit those to the Complaints Committee, refer decisions made by the Complaints Committee to Council, prosecution in inquiries, interviews, inspections, suspensions, strike- offs, appointments of Curator Bonis applications, contempt of court proceedings and matters related to holding out as an attorney. I am also responsible for delegating duties to staff and monitoring that they have completed them.
Studying my masters part-time is not easy at all since you have university and work deadlines to meet. My masters was course work done over five semesters. Throughout my LLM journey, I learned from senior colleagues and at one stage we were honoured to be lectured by a Judge and Senior Counsels in the field.
My thesis was titled: A Comparative Study of the Paper and Electronic Bills of Lading in South African Law. My study was supervised by Maritime Law expert Ms Dusty-Lee Donnelly.
The main problem concerning electronic bills of lading is that the laws applicable to sea transportation documents mainly require them to be tangible and written, whereas electronic bills of lading do not have to comply with these requirements. The study was therefore conducted to compare the extent to which an electronic bill of lading might be recognised as legally valid under South African law.
It is important to remember that whatever path you choose, there will always be obstacles. However, that does not mean you cannot do what you want to. It means you must be able to create a balance between work, family and school/university. It takes a multitude of skills to accomplish these roles. You must be disciplined, dedicated and able to manage your time accordingly.
My intention is to get an exposure in the Maritime industry and then enrol for a Doctor of Philosophy (PhD).
But right now I am ecstatic about getting my Master’s Degree in Maritime. My dream has come true!
Words: Saneliswe Ngcobo
author : .author email : .Four Professional Services' Female Leaders Graduate
Four UKZN Professional Services’ staff members excel in their studies. Clockwise, Ms Sithembile Sibisi, Ms Heena Jivan, Dr Kathy Cleland with Deputy Chief Justice Ray Zondo, and Advocate Pushpa Naidu. Evidence that UKZN female leaders take professional and personal development seriously was highlighted when four staff members graduated during the College of Law and Management Studies (CLMS) Graduation ceremonies.
They were:
• The Director of Professional Services in CLMS, Dr Kathy Cleland, was awarded a Postgraduate Diploma in Forensic Investigation and Criminal Justice with distinction. Cleland was also declared the best student and awarded a Professional Security Council of KZN Floating Trophy at a Law Students Awards Ceremony on 19 April.
• Advocate Pushpa Naidu, Litigation Consultant and Employment Law expert graduated with a Master of Business Administration degree. Her study was supervised by Professor Anesh Singh and it investigated performance management at Higher Education Institutions.
• Acting Director of Internal Audit Ms Sithembile Sibisi, and the Information and Communication Services Division’s User Support Manager, Ms Heena Jivan, were awarded Master of Commerce degrees. The UKZN Community Perception of the Internal Audit and Enterprise Risk Management Process was the title of Sibisi’s dissertation under the supervision of Dr Emmanuel Mutambara. Jivan’s Study, supervised by Dr Sachin Suknunan, explored: The Impact of Flexible Working Hours on Employee Performance, Motivation and Personal Life for Women at the University of KwaZulu-Natal.
The leadership of CLMS congratulates the four leaders on their academic achievements which will benefit the Higher Education sector.
Words: UKZNdaba
author : .author email : .MBA Summa Cum Laude Pass for Engineer
Summa cum laude graduate Mr Zyven Rambakus earned himself a Master of Business Administration (MBA) degree.Tongaat Hulett Refinery Optimisation Engineer Mr Zyven Rambakus was awarded a Master of Business Administration (MBA) degree summa cum laude for a study titled: Evaluating the Extent of Intrapreneurship in a Sugar Producing Company in KwaZulu-Natal, South Africa.
Rambakus believes that * intrapreneurship is key to the survival of organisations operating in turbulent environments. Hence, his study focused on the local sugar industry as it is facing challenges due to global competition, urbanisation, cheap imported sugar, sugar tax and increasingly negative consumer sentiment around the impact of sugar on wellbeing.
On why intrapreneurship is so close to his heart he said: ‘I am driven a lot by self-improvement and development, and the concept of innovation and continuous improvement - concepts that resonate with my character values. I believe all firms should be driving the innovation agenda hard otherwise they risk becoming obsolescent.’
He also views intrapreneurship as a mechanism in which to motivate and inspire employees to grow and develop. Thus he intends using this study for further innovation at Tongaat Hulett and to influence his peers to appreciate the value of driving innovation as employees within a complex environment.
For Rambukus, the MBA programme enabled him to sharpen his business acumen as he worked with his supervisors Dr Muhammad Hoque and Dr Cecile Proches.
* He is grateful to his wife and family for contributing towards his success. An intrapreneur is an inside entrepreneur, or an entrepreneur within a large firm, who uses entrepreneurial skills without incurring the risks associated with these activities. Intrapreneurs are usually employees within a company who are assigned to work on a special idea or project and instructed to develop the project like an entrepreneur would. Intrapreneurs usually have the resources and capabilities of the firm at their disposal. (Investopedia)
Words: Hazel Langa
author : .author email : .Summa Cum Laude Law Graduate Winner of Seven Awards
LLB graduate Ms Kerrie-Lee Olivier graduated summa cum laude and scooped seven awards.Summa cum laude LLB graduate Ms Kerrie-Lee Olivier received seven awards for her study prowess.
Olivier (23) from Austerville in Wentworth received the awards during the Victoria & Griffiths Mxenge Lecture presentation held the day before the Law Graduation ceremony.
The awards were: the Phatshoane Henney Group Honour Medal presented to students who obtain their degree summa cum laude; the Anand Nepaul Prize for the best Civil Procedure student; the LexisNexis Prize for the best Maritime Law student; the Shepstone & Wylie Award for the best Maritime Law student; the Shunmugam N Chetty Memorial Prize given to a final year student with the best aggregate in Human Rights, Constitutional Law, Criminal Procedure and Administrative Law; the Abel Torf Prize for best overall LLB student; and the Abel Torf Prize also given to the best LLB student.
Olivier attributes her success to her family, especially her mother. ‘I have a close-knit family who are all supportive and genuinely happy for me. I think my biggest supporters and cheerleaders are my parents. I am the first child to graduate in my immediate family and the first grandchild to graduate on my dad’s side of the family. I know that makes my parents proud and excited,’ she said.
She says she fell in love with Law while in Grade 11 at school. ‘I knew I wanted a career that involved a challenge and required analytical thinking – Law was the obvious choice.’
Olivier, who described herself as “goal-oriented”, said she gave her best in every facet of life. ‘I try my best to ensure that I am a balanced individual by constantly reminding myself that I am only in my early twenties and by making time for friends and family. Dancing is a “de-stresser” for me so the little free time I have involves music and dance.’
Olivier is now studying for a Masters degree in Employment Law after which she will do her articles of clerkship at ENSafrica.
Further down the line she wants to lecture.
Words: Sithembile Shabangu
author : .author email : .Deputy Chief Justice Encourages Students to Protect the Constitution
Guest speaker, Deputy Chief Justice of South Africa, Justice Ray Zondo congratulated UKZN Law graduates during his address at the Law and Management Studies Graduation ceremony.Deputy Chief Justice of South Africa Justice Ray Zondo reminded Law graduates how fortunate they were to be graduating from UKZN when he delivered his keynote address as guest speaker at the Law and Management Studies Graduation ceremony.
Zondo encouraged the students to follow in the footsteps of those who have walked before them, and to give back and honour those who have played a role in their education, protected the Constitution and stood up for what was right for the people of South Africa.
Zondo congratulated the students on their achievements and reminded them to take part in building the country for the current generation, their children and future generations to come so “it will be the great country it can be”.
He graduated from UKZN in 1987 with an LLB degree but the political situation in the country prevented him from attending the ceremony. ‘There was a call for a boycott of the ceremony and I heeded the call which meant I did not get the privilege which graduands will today of graduating properly from this University.’
Zondo said graduation was a day of joy, happiness and celebration. He thanked the graduate’s parents, relatives, siblings and sponsors who assisted students to obtain their degrees, and the academics who helped them attain their degrees.
He said the University had produced many lawyers and judges who played an important role in the country both during the struggle and after democracy.
Zondo then went through a long list of UKZN graduates who had made immense contributions including Mr Griffiths Mxenge; the late Justice Thembile Skweyiya; Justice Zac Yacoob; the current Chief Justice Mogoeng Mogoeng; the current President of the Supreme Court of Appeal, Justice Mandisa Maya, and High Court judges and other judges prominent in KwaZulu-Natal. ‘For a number of years from November 2009 no less than one third of the members of the Constitutional Court had graduated from this University,’ said Zondo.
Zondo commended the University for producing a large number of women and Black graduates, saying more than 50% of the judges in South Africa were Black and more than 30% were women… but that was still not enough.
He urged graduates to commit themselves to playing a role in building the society envisaged by the country’s Constitution. ‘That is a society based on democratic values, social justice and fundamental human rights. That is a society in which there is respect for everyone’s human dignity, the achievement of equality and the advancement of human rights.
‘We must all work hard to eliminate racism, sexism and promote gender equality.’
Words: Sithembile Shabangu
author : .author email : .Work-Life Balance of Female Entrepreneurs Explored in Masters Research
Mr Vincent Piyo Otieno graduated with his Master of Commerce degree cum laude from UKZN.Female entrepreneurs face significant work-life balance challenges in their business, family and personal lives, according to the results of research conducted by former teacher Mr Vincent Piyo Otieno who was awarded his Master of Commerce degree cum laude from UKZN.
Otieno, who quit his job as a teacher to pursue the degree, said never in his wildest dreams did he think he would graduate cum laude.
‘I had to make the difficult decision of quitting my full-time job as a teacher to pursue this degree on a full-time basis,’ said Otieno.
‘Making this adjustment was quite difficult. My main motivation came from a sense of personal ambition where I wanted to enhance my potential by pursuing new knowledge and skills.’
Otieno, who explored the work-life balance experiences of small-scale female entrepreneurs in Manzini, Swaziland, said while looking for a research topic he was attracted to the concept of work-life balance and decided to concentrate on the subject.
‘The findings of the study reveal that female entrepreneurs face significant work-life balance challenges in their work, family and personal domains. This is mainly attributed to long working hours and limited flexibility leading to serious fatigue inhibiting involvement in their home and personal lives,’ he said.
Otieno says during his studies he learned to appreciate valuable principles and qualities such as perseverance, self-discipline, reflection and meditation.
‘My experience during this journey was really a mixed bag ranging from frustration to excitement.’
The 36-year-old paid tribute to the support he received from family and friends and hoped they were proud of him.
‘This achievement has inspired me to scale to new heights. I have applied to do a PhD in Management at UKZN and am hopeful of being accepted.’
Words: Xoliswa Zulu
author : .author email : .Congratulations to LLM Cum Laude Graduates
LLM graduates who earned their degrees cum laude, clockwise: Ms Karabo Hiine, Ms Aidean Ross, Ms Siddharthiya Pillay and Ms Claire Gillespie.Ms Claire Gillespie and Ms Karabo Hiine graduated with a Master of Laws degree under the supervision of Law lecturer Ms Clydenia Stevens.
Gillespie’s dissertation was titled: Whose chicken? A discussion of the Anti-Dumping Agreement with a particular focus on the Southern African Development Community- European Union Economic Partnership Agreement (SADC-EU EPA). While Special and differential treatment provisions and the World Trade Organization: The pursuit of Development for Developing Countries was the title of Hiine’s study.
Ms Siddharthiya Pillay’s interest in Medical Law earned her a Master of Laws degree for a study titled: Examining the role of intellectual property law, policy and management in open innovation models that facilitate innovation in and access to personalised medicine. She worked with Dr Donrich Thaldar.
Constitutional Litigation was Ms Aidean Ross’ area of interest and her study supervised by Professor Warren Freedman was titled: A critical examination of the development of procedural fairness as a component of legality.
Words: UKZNdaba
author : .author email : .Woman (89) Honoured by LLB Graduate Great-Grandson
LLB graduate Mr Njabulo Ntombela shared the graduation stage with his great-grandmother to honour her for the sacrifices she has made for him to get an education. The UKZN Law Graduation ceremony came to a standstill when LLB graduate Mr Njabulo Ntombela honoured his great-grandmother, Ms Nomkikilizo Ntombela (89), by leading her onto the graduation stage where she was ceremoniously capped and hooded!
Said Ntombela: ‘I had planned long ago to acknowledge the significant role played in my life by my great-grandmother.’
He said she had always been his pillar of strength, there to encourage him even though she did not get the opportunity to obtain a basic education herself.
‘I was surprised by her reaction when she ululated as my name was called out because she is a quiet and reserved individual. I was chuffed when she waved to the audience as she was being hooded.’
After his mother died when he was in Grade 7, his extended family and great- grandmother took on the responsibility of raising him for which, he says, he will be forever grateful, realising fully the sacrifices they made for him. ‘Going home during vacation was a challenge because I knew my great-grandmother would stretch her pension even further to cover my travel costs.’
Ntombela is keen to study for a Master of Laws degree in the area of Criminal Law but will leave that for later as he has decided to first focus on securing a position in a law firm so he can do his articles and be financially secure to fully support his young family.
He says his academic journey became challenging when his studies were disrupted in 2016 after he was detained for three weeks at New Prison in Pietermaritzburg facing charges related to the FeesMustFall movement protests.
Ntombela was the Interim Chairman of the Ibuya African Student Cultural Organisation which was launched on the Pietermaritzburg campus.
Words: Hazel Langa
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