Research 2003

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Faculty of Law

Prof DG Kleyn, Dean

Telephone number: 012 420 2412
Fax number: 012 362 5184
E-mail address: dgkleyn@hakuna.up.ac.za

Preface by the Dean

As part of a research project for the design of a unified Insolvency Act that commenced in 1998, the Department of Mercantile Law’s Centre for Advanced Corporate and Insolvency Law commenced a new phase of research in March 2003. The first stage of research was completed in 2000 when a report recommending a single, unified Insolvency Act was presented to the Standing Advisory Committee on Company Law. These proposals have since been included in a Draft Insolvency and Business Recovery Bill that was accepted by Cabinet on 5 March 2003. The current phase of research proposes the development of a modern and effective business rescue model for South Africa that can replace the antiquated provisions dealing with judicial management. The anticipated date of completion of the current research project is June 2004, at which time the Centre will submit a report, containing draft legislative provisions, to the Departments of Justice and Trade and Industry. The proposals for a new business rescue model are being designed to form part of the Insolvency and Business Recovery Act.

In 2003 the Centre for Human Rights continued to increase its focus on research in the Centre's area of specialisation, namely human rights law in Africa. A new edition of the standard reference work in the field, namely Human Rights Law in Africa, was prepared. The human rights law of all 53 countries of Africa is covered, as well as the African Union and the United Nations in Africa. More than 50 correspondents participated in this effort. This publication, two volumes in total, now comprises 1700 pages in fine print. Members of the Centre published extensively internationally and locally in English, French and Spanish, on the work of the African Commission, the African Union, socio-economic rights and the environment. Two editions of the African Human Rights Law Journal appeared and the first volume of the African Human Rights Law Reports was prepared. The leading text in its field, Constitutional Law of South Africa, is now also published under the auspices of the Centre for Human Rights.

The Faculty’s law journal, De Jure, published by LexisNexis Butterworths, although in its 36th year of publication, remains a leading journal that draws contributions from national and international academics. The two new journals, South African Insolvency Law Review and African Human Rights Law Journal, which were established by Faculty members in 2001, are also doing well, the latter having been accredited by the Department of Education in 2002.

The Faculty is proud of the awards made to some of its members in recognition for their achievements. Prof Hans Visser received an award as exceptional academic achiever. Prof Frans Viljoen received the prestigious Von Humboldt scholarship; Prof Trynie Davel and Ms Anne Skelton received a Mellon grant for the promotion of the latter’s doctoral studies and Prof Caroline Nicholson again received an R & DP grant relating to research regarding children’s rights.

Our students have a long-standing tradition of excellent performance in international moot court competitions. Preparation involves extensive research and participants get accredited for the subject Moot Court 420. During 2003, our team participated in the All African Human Rights Moot Court Competition in Cameroon and came fourth in a total of 62 universities.

Prof D G Kleyn
Dean



 

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