Browsing by Author "Brickhill, Jason"

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    The administration of justice
    (2011) Brickhill, Jason; Corder, Hugh; Brickhill, Jason; Marcus, Gilbert
    2011 saw a transition from the tenure of former Ngcobo CJ to a new era in which the judiciary will be led by Mogoeng CJ. Both the end of Ngcobo CJ's term, which followed an unsuccessful attempt to extend his term, and the appointment of the new Chief Justice attracted significant public interest and raised critical issues of process and substance relating to judicial appointments.
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    The administration of justice
    (2013) Brickhill, Jason; Corder, Hugh; Davis, Dennis; Marcus, Gilbert
    South Africa lost two Chief Justices in late 2012 and mid-2013. Arthur Chaskalson, who served as President of the Constitutional Court from 1994 to 2001 and Chief Justice from 2001 to 2005, passed away on 1 December 2012. Among many achievements and accolades, he was a member of the defence team in the Rivonia Trial of 1963 and was one of the founders of the Legal Resources Centre in 1979. (G Budlender 'In Memoriam: The late former Chief Justice Arthur Chaskalson' (2013) 26 part 1 April Advocate 8-10). Pius Nkonzo Langa succeeded Athur Chaskalson as Chief Justice in 2005, having served as Deputy Chief Justice from 2001. He retired in October 2009 and passed away on 24 July 2013. Justice Langa was a founding member of the National Association of Democratic Lawyers (NADEL). He was among the first judges appointed to the newly created Constitutional Court and served with great distinction. (Moseneke 'Public power on behalf of the people' (2013) 26 part 3 December Advocate 27-8).
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    The right to a fair civil trial: The duties of lawyers and law students to act pro bono
    (Juta Law, 2005) Brickhill, Jason
    Vast numbers of civil litigants in South Africa go unrepresented and unadvised during proceedings which affect their most significant interests. Section 34 of the Constitution guarantees a fair civil trial. While s 35, which entrenches the right to a fair criminal trial, expressly confers a right to legal representation in criminal matters, at least in some cases, s 34 is silent on what a `fair' civil trial requires. This article considers the scope of the right to a fair trial in civil matters, sketches the history of diverse attempts to provide civil legal aid to the poor and analyses the effectiveness of the different approaches. Against a background of glaring statistics about the cost and availability of free representation, and on numbers of law students, recent graduates and practising attorneys, it considers the feasibility of compulsory programmes for the provision of civil legal aid by the state and the private sector.