Latest news with #FacultyofLaw
Daily Maverick
06-07-2025
- Politics
- Daily Maverick
Judge Dennis Davis blasts government over climate inaction, says courts alone can't save the planet
At a recent climate law discussion at Stellenbosch University, former judge Dennis Davis took aim at government inertia on both the environment and the economy, saying the real work lies not in the courts, but in politics. South Africa's climate crisis is not just about emissions – it's about accountability. And the courts, for all their power, cannot substitute for the political will of a government that has failed to rise to the challenge. This was the message delivered with characteristic candour by former judge Dennis Davis in a keynote address at Stellenbosch University's Faculty of Law on 28 June 2025. Speaking at a colloquium on climate change law and green finance, Davis gave a blistering critique of government policy, warning that while civil society and the judiciary have done their part to uphold constitutional rights, it is ultimately the legislature and the executive who must 'just do their job'. 'The South African growth story is nothing more than absolutely disastrous,' he said. He traced the country's failure to strike a suitable balance between economic growth and environmental protection to a deeper absence of political leadership – and urged a 'serious debate' on the kind of policy South Africa actually needs. Legal dimensions of sustainable development The event was jointly hosted by two research chairs in the faculty – the Chair in Urban Law and Sustainability Governance, held by Professor Anél du Plessis, and the Gys Steyn Chair in Financial Regulation, held by Professor Johann Scholtz. Both chairs underscore the university's growing focus on the legal dimensions of sustainable development. Introducing the keynote, Scholtz described Davis as uniquely qualified to speak on the subject – a jurist, scholar and former director of the Centre for Applied Legal Studies, who handed down landmark judgments on socioeconomic rights, including the seminal Grootboom decision in 2000, which confirmed that socioeconomic rights are not merely aspirational but legally enforceable. Constitutional prescience Davis opened with a reminder of South Africa's own legal promise – section 24 of the Constitution, which guarantees the right to an environment that is not harmful to health or wellbeing, and mandates protection of the environment for present and future generations. 'That was in 1996,' he said, 'and I'm not sure anyone drafting it then grasped the immensity of the challenge we face today.' Citing a 2023 Intergovernmental Panel on Climate Change report, he highlighted the disproportionate toll of climate change on vulnerable populations. 'Between 2010 and 2020, human mortality from floods, droughts and storms was 15 times higher in highly vulnerable regions than in regions with very low vulnerability.' 'Rolls-Royce framework lacking traction' But recognising rights on paper is not the same as enforcing them. 'One of the great problems in South Africa,' Davis noted, 'is that we're very good at having Rolls-Royce regulatory proposals without the foggiest idea as to how they should be implemented, or what their traction is going to be in practice.' So where does that leave the courts? 'Lawfare' not enough Davis pointed to a series of landmark judgments in South Africa as reasons for hope. These decisions, he said, showed that section 24 was more than symbolic – it could be a tool for real change. But that tool had its limits. 'There's a significant limitation to the process of 'lawfare',' he said. 'As attractive as it may be for lawyers to march into court, relying on the judiciary alone will not suffice.' Civil society, he argued, had played an essential role. The NGOs who brought these cases were 'brave' and 'not prepared to shut up'. But their success only highlighted the failures elsewhere. Shell case 'a milestone' A case that looms large for Davis is Sustaining the Wild Coast, in which the courts found in 2022 that Shell's proposed seismic surveys for offshore gas deposits had been authorised without adequate consultation. The court's insistence on meaningful engagement with affected indigenous communities – in their own languages and cultural context – was, for Davis, a milestone in recognising both environmental and human rights. But he questioned the broader system that allowed such authorisations in the first place. 'To what extent are we talking about intergenerational justice? To what extent are we actually grappling with these issues in economic policy?' Deep divisions To illustrate the gap, Davis recounted his recent interview with Minister of Mineral and Petroleum Resources Gwede Mantashe for his television programme Judge for Yourself – a follow-on from his earlier Future Imperfect, the show that first made him a household name for probing some of South Africa's toughest policy questions. He argued that post-apartheid economic policy had consistently failed to address inequality and unemployment. Instead of inclusive growth, he said, the benefits of development had disproportionately flowed to a small elite, leaving the majority of South Africans 'not just historically disadvantaged but presently disadvantaged'. According to Davis, Mantashe defended South Africa's pursuit of fossil fuel projects, pointing out that the country's northern neighbour, Namibia, was forging ahead with offshore exploration. By Davis's account, Mantashe argued that if South Africa embraced similar projects, economic growth could have reached 3% or 4%, easing many of the concerns raised by environmental critics. What troubled Davis most was the minister's proposal for some kind of environmental panel – à la a similar tribunal in Namibia – to expedite approvals and sidestep litigation. 'That is now being considered by Cabinet,' Davis warned. 'It raises profound questions about the extent to which the executive is committed to the rights enshrined in section 24.' This exchange starkly illustrates the deep division between judicial expectations and executive priorities regarding climate action and economic development. 'Challenge political, not legal' Davis returned to the principle of intergenerational justice – and the need for politics, not just litigation, to uphold it. He praised the Deadly Air judgment in 2022, in which High Court Judge Colleen Collis compelled the government to improve air quality in Mpumalanga, where most of South Africa's coal-fired power stations are situated. Crucially, the ruling was upheld by the Supreme Court of Appeal in April 2025, with Justice Mahube Betty Molemela confirming that the Constitution could be invoked to protect future generations and that the state bore a positive duty to act. 'And that's the point,' Davis concluded. 'The real challenge is not legal. It's political.' If South Africa is serious about leaving its children 'a society that's worth living in', he said, it must adopt an economic policy that confronts inequality, poverty and environmental degradation together. 'Presently disadvantaged' 'We have failed to achieve a balance between green growth and the socioeconomic needs of an emerging economy. The vast majority of South Africans are not just historically disadvantaged – they're presently disadvantaged. The question is: what would an economic policy look like if we took these things seriously?' For now, at least, Davis's answer is clear: 'It's not for the judiciary to manage the process. It's for the legislature and the executive. The rest of us are just squealing at the margins.' DM Desmond Thompson is a freelance journalist.
New Indian Express
02-07-2025
- Politics
- New Indian Express
Dalai Lama insists process to find his successor must follow traditional Tibetan Buddhist practices; China differs
Ahead of his 90th birthday this month, the 14th Dalai Lama, the highest spiritual leader of Tibet and Nobel Peace Prize laureate, has reiterated that the process to find his successor must follow traditional Tibetan Buddhist practices. Traditionally, a child believed to be the reincarnation of the Dalai Lama is identified and educated to prepare him for the role. However, there is a concern among several Tibetan Buddhist monks over the potential interference of China in the selection of 15th Dalai Lama. As if to confirm the concern of the Tibetan monks, the Chinese state media and officials have asserted that Beijing will determine the next Dalai Lama. "The reincarnation of the Dalai Lama, the Panchen Lama (second only to Dalai Lama) and other great Buddhist figures must be chosen by drawing lots from a golden urn, and approved by the central government," Chinese foreign ministry spokeswoman Mao Ning told news agency AFP. Meanwhile, according to The New York Times, in a recorded statement to a meeting of senior Tibetan Buddhist monks in Dharamsala on Wednesday, the Dalai Lama offered few specifics, but made a suggestion that was seen as blocking any Chinese influence from the process of identifying the future reincarnation of the Tibetan spiritual leader. He said that the Dalai Lama's office has 'sole authority' to recognize such a reincarnation. 'No one else has any such authority to interfere in this matter,' he said. The selection of the next Dalai Lama is considered one of the significant problems in the contemporary China-Tibet issue. According to a paper by Kota Kanemaki (Part-time lecturer at the Faculty of Law, Keio University) titled The 'Ageing' Dalai Lama and China: Focus on the Selection of New Dalai Lama, the author recalls that in 2011, after China's intervention in the selection of the 11th Panchen Lama, who is second to Dalai Lama, the 14th Dalai Lama stated 'When I reach around 90 years old... I would like to reconsider whether it is necessary to continue the system of recognizing the Dalai Lama as reincarnation.' In 1999, the 14th Dalai Lama, anticipating Chinese intervention, stated: 'If my reincarnation is to be selected through traditional methods, there will be no reincarnation of mine in Tibet or areas under Chinese rule', thereby checking China.
Business Times
30-06-2025
- Business Times
‘Trailblazer' and ‘role model', ex-NUS law dean Thio Su Mien dies at 86
[SINGAPORE] Thio Su Mien, a pioneering legal academic and practitioner who served as dean of the National University of Singapore (NUS) Faculty of Law and co-founded TSMP Law Corporation, died on Monday (Jun 30) morning. She was 86. Dr Thio had been diagnosed with acute myeloid leukaemia in May. Law Minister Edwin Tong paid tribute to her in a Facebook post: 'I am saddened by the passing of Dr Thio Su Mien, a respected figure in our legal profession. 'Dr Thio was a trailblazer who set the highest standard for excellence, integrity and dedication to the profession throughout her career.' She was also a 'role model', he added, noting that she was the first Singaporean woman – and the youngest person – to head the NUS Faculty of Law, serving as dean from 1968 to 1971. A NEWSLETTER FOR YOU Friday, 2 pm Lifestyle Our picks of the latest dining, travel and leisure options to treat yourself. Sign Up Sign Up After leaving academia, she moved into corporate law. She became managing partner at Big Four law firm Drew & Napier. In 1998, at the age of 60, when many would have been considering retirement, she co-founded TSMP with Tan Bee Lian. Dr Thio proved that 'both women and men can excel and contribute immensely and on equal terms in the legal field and to society at large and beyond', said Tong. Coordinating Minister for National Security and Minister for Home Affairs K Shanmugam also paid tribute, calling her a 'highly accomplished, highly regarded corporate lawyer' in an Instagram post. 'Dr Thio's passing is a sad day for the profession,' he said. Andrew Simester, dean of the NUS Faculty of Law, described Dr Thio as 'a remarkable leader who played a key role in shaping the course of legal education in Singapore'. 'As the first woman and the youngest to lead the law school as dean, Dr Thio left an indelible mark on the faculty and generations of students that she inspired,' said Prof Simester. Survived by three children Dr Thio acted as a 'feminist mentor' to a Christian faction which attempted a leadership takeover of the Association of Women for Action and Research in 2009. The group was later ousted by a no-confidence vote. She was married to Thio Gim Hock, the former chief executive officer of real estate firm OUE. Thio, who represented Singapore in water polo in the 1956 Olympic Games, died in 2020 at the age of 82. Dr Thio is survived by three children: Thio Shen Yi, Senior Counsel and joint managing partner of TSMP; NUS law professor Thio Li-ann; and Thio Chi-ann, a homemaker. Thio Shen Yi said: 'I never appreciated how much of a trailblazer mum was when I was growing up. I thought it was normal. But she crashed past glass ceilings, was strong and assertive without losing femininity, yet in all things, her moral and ethical compass was front and centre.' Additional reporting by Tessa Oh
Morocco World
11-06-2025
- Politics
- Morocco World
Ibn Zohr President Dismissed Over Master's Degree Scandal
Doha – Abdelaziz Bendou has been relieved of his duties as president of Ibn Zohr University in Agadir following a major corruption scandal involving the sale of master's degrees. According to multiple converging reports, the Minister of Higher Education, Azzedine El Midaoui, made the decision on Tuesday. The dismissal comes after an investigation into what has become known in media circles as the 'Master's Degree Scandal' or 'Kilch Master's,' involving fraudulent enrollment in master's programs at the university's Faculty of Law. The scandal erupted when authorities arrested a university professor suspected of illegally registering several employees and lawyers in a master's program without following proper regulations, in exchange for bribes. The professor is currently being held at the Oudaya prison in Marrakech while the investigation continues. Following the initial revelations, the Minister of Higher Education summoned both the university president and the dean of the Faculty of Law to Rabat for questioning. This meeting was part of a broader effort to investigate the circumstances surrounding the alleged sale of university certificates. El Midaoui then dispatched a central inspection committee to the university. Based on the committee's findings, the minister decided to dismiss Bendou, who had been serving as president since 2020. As an interim measure, Abderrahmane Amsidder, the current director of the Higher School of Education and Training (ESEF) in Agadir, has been appointed as acting president and financial officer of the university effective Wednesday. He will serve in this capacity until a new president is officially appointed. In an official letter addressed to Amsidder, Minister El Midaoui stated: 'To maintain the normal operation of Ibn Zohr University in Agadir, I am informing you that you have been appointed as acting president of the university and its financial officer starting Wednesday, June 11, 2025, until a new president is appointed. I wish you success in your duties.' The investigation has also implicated several other individuals, including the professor's wife who works as a lawyer in Agadir, the head clerk at the Court of First Instance in Safi, his son who is a trainee lawyer, and several other lawyers. These individuals are being investigated while remaining free, though their passports have been confiscated and they are banned from leaving the country. This case represents one of the most serious corruption scandals in Morocco's higher education sector in recent years, severely damaging the reputation of Ibn Zohr University, one of the country's largest academic institutions. It comes only three years after the notorious 'Sex for Grades' scandal of 2022, when several professors at Hassan I University in Settat were arrested and convicted of sexually harassing female students in exchange for academic incentives. Sources close to the case indicate that further decisions related to this file may be forthcoming as investigations continue under the supervision of the competent public prosecutor's office. Tags: Degree fraudIbn Zohr Universitymoroccan university
Barnama
28-05-2025
- Barnama
Trafficking For Forced Criminality Likely To Worsen Without Stronger Laws, Enforcement, Say Experts
I n the past, human trafficking crimes were mostly associated with the sex trade but today, the focus has shifted toward recruiting 'criminals' to engage in online fraud, extortion and money laundering. The syndicates concerned lure their victims through job advertisements offering attractive salaries, often abroad, via social media and the Internet. After taking the bait, victims find themselves trapped by syndicates that claim they must repay 'debts' incurred from the expenses of bringing them abroad. According to experts, victims are forced to repay the so-called debts by working as online scammers for the syndicate. They also said human trafficking for forced criminality has become increasingly prominent in Southeast Asia, including Malaysia, over the past three years, adding the situation is expected to worsen if the current gaps in legal frameworks, international cooperation and enforcement are not improved. FORCED CRIMINALITY Commenting on human trafficking for forced criminality, criminology expert Dr Haezreena Begum Abdul Hamid said it refers to the exploitation of victims through coercion or deception to carry out criminal activities for the trafficker's economic gain or other benefits. 'This coercion can be either subtle or violent. The purpose of the recruitment is not properly disclosed (to the victim) and their (syndicate's) main aim is to exploit individuals to commit crimes, with most of the victims sent abroad,' the senior lecturer at the Faculty of Law, Universiti Malaya, told Bernama recently. She said victims are compelled to become, among others, scammers, drug mules, account mules or even terrorists, or support acts of violence. Currently, one of the most common activities carried out by human traffickers is recruiting workers for scam centres. According to Haezreena Begum, in the context of forced criminality, two scenarios may arise. In the first, a person who is initially deceived or coerced into becoming a scammer chooses to stay and voluntarily become part of the syndicate after seeing the lucrative income. 'In the second (scenario), the person who is deceived with an offer of legitimate employment and later forced to commit crimes such as online fraud, is left without any option to leave the cycle of exploitation,' she said. MODUS OPERANDI Haezreena Begum said most of those who fall for the attractive job advertisements placed on social media and the Internet by human traffickers comprise teens and youths in their 20s and 30s. 'Youths from these age groups are often eager to explore ways to earn more income and build a career. When they see an appealing job offer overseas with salaries advertised in dollars or euros, it becomes even more enticing,' she said. She said interested youths would contact the number provided in the advertisement. 'After that, someone will respond and provide even more attractive details about the job offer. Once the individual agrees, they are given further instructions and information about where to go. At this point, everything appears legitimate. 'Usually, the syndicate's modus operandi doesn't differ much from standard procedures. For example, when we want to travel abroad, we must get our passport ready, fill in forms and so on. However, sometimes, they (victims) are told to transit to another country before continuing to their intended destination. For instance, if the final destination is Taiwan or a Western country, they might be asked to transit in Bangkok (Thailand). That is when incidents such as abductions and being taken to another location occur,' she said. This marks the beginning of a new chapter for deceived youths, who are taken to an unknown place, locked up and recruited to become scammers or engage in other illicit activities. Those recruited to become scammers end up working at call centres operated by the syndicates. 'There are many types of scams, such as Macau scam, romance scam – all with the same goal, which is making money. 'The only capital needed is persuasive speech to lure victims into trusting the caller, who is usually assisted by two or three others posing as bank officers or police,' she said. WORRYING In Malaysia, the police have been quoted as saying that 504 Malaysians were rescued from Thailand, Myanmar, Cambodia and other countries but Haezreena Begum said only 10 percent of them were confirmed to have been actual victims of human trafficking. 'The majority were individuals who had voluntarily become scammers and only sought rescue after being threatened or abused for failing to meet profit targets set by the syndicates. 'Some of them became agents themselves, recruiting fellow Malaysians to become scammers abroad. Upon returning home, some refused to cooperate with the authorities,' she said. She added another major concern is that forced criminality takes place in various business premises such as casinos, hotels and entertainment centres. 'Many of these operations are conducted in enclosed or gated areas where victims are confined and forced to commit cybercrimes such as international financial fraud,' she said. Haezreena Begum, meanwhile, called for amendments to the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 as it currently does not clearly define forced criminality as a form of exploitation. She said Section 2 of the Act defines types of trafficking for the purpose of exploitation but it does not specifically mention forced criminality. 'So, the Act should be amended to include this form of crime,' she said. Acknowledging that the authorities have made substantial efforts to raise public awareness about scams, Haezreena Begum pointed out that Malaysia, however, currently does not have specific legislation to address scams and relies on Section 420 of the Penal Code for fraud-related cases. She added that despite regional efforts to combat forced criminality, three main challenges persist. The first is conceptual confusion as many still associate human trafficking with only forced labour and sexual exploitation, even though criminal exploitation is also globally recognised. 'Secondly, there are difficulties in investigating and prosecuting those involved. This is because these syndicates operate across borders with complex structures and advanced technology, making legal action challenging. 'Thirdly, there is a lack of international legal cooperation. Although Malaysia is part of the Bali Process, effectively combating these crimes requires stronger cross-border collaboration, including mutual assistance in criminal investigations and extradition,' she said. STRICTER CONTROLS NEEDED Meanwhile, commenting on human trafficking for forced criminality, Malaysia International Humanitarian Organisation secretary-general Datuk Hishamuddin Hashim said in terms of strategy, the trend shows that from 2023 to 2025, social media platforms like Facebook are no longer used to hunt for victims but are instead used to recruit agents. 'Most of these agents comprise personal contacts who recruit through direct networking, where Agent A recruits Agent B and these agents then recruit young people to work in, for example, scam centres in Cambodia, Laos and Myanmar. 'This new tactic uses recruiting agents who leverage peer influence to convince young people that working abroad is not only trouble-free but assures high incomes as well. Eventually, these young people agree to go and end up as trafficking victims,' he said. Acknowledging that such crimes are hard to control due to the massive profits made by syndicates, Hishamuddin said more awareness is needed, along with tighter border controls to prevent youths from reaching scam locations. 'Parents must pay close attention to their children and ensure they are not easily swayed by empty promises made by friends who may be trying to recruit them into becoming scammers,' he said. He said authorities must enforce strict laws against those involved in trafficking syndicates, adding that actions must also be cross-border in nature. 'If the crime occurs in countries like Cambodia or Laos, we must utilise the ASEANAPOL (Chiefs of ASEAN Police) platform to facilitate arrests and hand over suspects to Malaysia for investigation. 'This means Interpol must coordinate with ASEANAPOL so that an extradition process can take place, enabling proper investigations and prosecution,' he said. Hishamuddin said to date, not a single human trafficking case of this nature has resulted in imprisonment, with most only reaching the prosecution stage. 'No one has been convicted in connection to these crimes yet, which is why there is little fear of engaging in scam activities. The difficulty in investigation and prosecution due to the cross-border nature of the crime makes enforcement challenging,' he said. He added that with Malaysia currently chairing ASEAN, the country must use the opportunity to pressure member states to shut down scam compounds or centres in their respective territories. 'If these scam compounds are dismantled, it will put an end to the issue of victims being coerced into working as scammers,' he said.
