COMPARATIVE AND INTERNATIONAL

LAW PROGRAM IN

SOUTH AFRICA

Summer Program Abroad
University of Western Cape,
Cape Town, South Africa

June 9 - July 19, 2008

Howard University School of Law is pleased to announce its summer program of law at the University of Western Cape, in Cape Town South Africa, in 2008.

The program is approved by the American Bar Association and will allow students to earn up to six semester hours of law school credit while becoming familiar with the new South Africa. The program offers an opportunity for students to witness firsthand the historic legal and political changes in South Africa, in what is sure to become a leading political and economic power center in the region. A unique aspect of the Howard program is the opportunity it provides for interaction with South African law students and graduates who also participate in the program.

Study in South Africa - A Unique Setting

The program in South Africa will be the tenth summer program abroad by Howard Law School to be held in South Africa. The program will be conducted at the University of Western Cape in Cape Town, one of the most beautiful cities in the world. Cape Town is the legislative capital of South Africa. Cape Town is located on the southern tip of the African continent with the Atlantic Ocean to the West and the Indian Ocean to the East. The city is surrounded by mountains with the majestic Table Mountain in the background. A thriving metropolis, the city is well-connected by mass transportation to the rest of southern Africa.

The University of Western Cape has been and continues to be a pre-eminent institution in the struggle for a democratic South Africa. Many members of its faculty (law school in particular) now occupy prominent positions in the new cabinet and government.

South Africa is at a dramatic and unique juncture in its history. In the past twelve years, monumental changes have taken place and are continuing to take place. In April of 1994, South Africa had its first non-racial and democratic elections which culminated in the swearing in of Nelson Mandela as the country’s first democratically-elected President. The interim constitution was in place for a period of two years. In the first two years, the new legislature served as a Constitutional Assembly and established a permanent constitution. The new South Africa is moving along a path of democracy, reconstruction, and development. Participants in the program will have an opportunity to participate and witness firsthand the dramatic constitutional and other legal changes taking place in South Africa. Guest lecturers in past programs include South Africa’s Minister of Finance, Minister of Justice, Minister of Provincial Affairs and Constitutional Development, Constitutional and Supreme Court Judges and Members of Parliament. In the areas of international trade and commerce, the world is increasingly becoming one global village. South Africa is a resource-rich country, with a well-developed economy and an advanced technology base. South Africa’s transformation to democratic rule offers new and exciting opportunities for international trade and commerce. At the same time that South Africa is experiencing profound political and legal change, it is once again participating more fully in the international business world after a long enforced isolation. International businesses are returning to South Africa to reestablish old ties and forge new relationships. Concurrently, South African companies are venturing into the international marketplace. The international business and trade courses offer students an opportunity to become familiar with the laws of international transactions and trade law, as well as become familiar with Africa’s most developed economy, and what is sure to be an emerging center of international business and commerce.

The program will also include visits to political institutions, historic sites, as well as tours of Cape Town and the surrounding area. Visits to political institutions will include the South African Parliament. Two whole-day tours will include some of the breath taking scenery of Cape Town around the Cape Peninsula.

Midway through the program, students will have a 4-5 day break. During the break, students can explore Cape Town more in-depth or visit other parts of South Africa, including Johannesburg, Durban, Sun City, Kruger National Game Park, etc.

Responses from Past Programs

The statements described below were made by an American student about the International Business Transactions course last year. The statements were in response to the following question on the student evaluation questionnaire: Was the course stimulating and enjoyable?

“This course brought out interest which I never thought existed. [The professor] stimulated me to such an extent that I need to go sit alone for a couple of weeks and reevaluate what I’m doing.” “Within the context of the entire program—simply amazing. First class all the way!!! Not only was there a balance in terms of how all three courses relate to one another—but the speakers and tours added another, fuller dimension to the lectures and the reading. I feel extremely fortunate to have been apart of this and hope that other students in the future [will] have a similar opportunity to participate in this program”

The statement described below was made by an American student about the Comparative Constitutional Law course. The statement was in response to the final question on the student evaluation questionnaire: Please provide in as much detail any other comments about the course.

“My mom called this morning and asked if I was having a good time. I said I’m meeting a Constitutional Court Justice today. I’ve been exposed to deeply felt perspectives from an instructor of diverse experience. I would not have received such exposure outside of this course. This is a big part of what I think life is about—getting your world stretched; listening to different views. I told mom I was learning a lot. Sometimes an understatement is all you can make.”

The statement described below was made by another American student about the Comparative Constitutional Law course in response to the following question on the student evaluation questionnaire: Was the course stimulating and enjoyable?

“This course was absolutely the most thought provoking for me to date.”

The same student made the comment described below about the Comparative Constitutional Law course. The statement was in response to the final question on the student evaluation questionnaire: Please provide in as much detail any other comments about the course.

“This has been the most unique educational experience I’ve had throughout any aspect of my education. I only hope that the program will offer future students the same quality of experiences in dealing with the legal processes of the South African government. The program should continue to be on the cutting edge of providing a quality legal education abroad. So continue to have such persons as Prof. Grove, Albie Sachs, Trevor Manuel and others bring the most contemporary issues to the students.”

ABA Site Report

The statement below was made by the American Bar Association site evaluator who inspected the program;

The summary word for this program is that it was excellent. I have at no other program encountered such universally pleased students. I really do not know how the program could have been improved. It was well-conceived, well-planned and brilliantly executed. The use of the Director’s and one of the professor’s remarkable contacts with the highest levels of government and the University gave the program a richness no student could have anticipated and for which every student to whom I spoke expressed profound gratitude.

Eligibility

Applicants from the United States must hold a bachelor’s degree and be in good academic standing at an ABA-approved school of law. They should have completed one year of law study.

Professionals holding a J.D. or LL.B. Degree, or other advanced degree (from either the United States or another country), are also invited to apply.

Admissions

To apply, candidates should complete the application form. Student applicants must submit a letter of good standing from the Dean of their respective law school. Legal professionals must submit a copy of their diploma or official law school transcript. All applicants are requested to submit a curriculum vitae or resume with the application.
The application fee is $50.00 and must accompany the application in the form of a cashier’s check or money order. The fee cannot be waived and is non-refundable. Deadline for application is April 2, 2008.

Schedule and Course of Study

Three courses, of two credits each, will be offered. Students may enroll for all three courses (although two courses are recommended, as this will enable more time for study and exploration of the area). All students will be required to enroll for a minimum of two courses.

All courses are taught in English by outstanding teachers from both the United States and South Africa.

Two of the three courses will be presented each day. Each course will meet for 14 sessions of two hours each. The specific course meeting times may be altered from time to time to accommodate the schedules of special guest lecturers.

A written examination will be administered in each course, for which pass/fail grades will be assigned. A letter grade will be issued if the student’s law school so requires. Transcripts will be sent to each school by the Registrar of Howard University upon completion of the session.

Acceptance of any credit or grade for any course taken in the program is subject to determination by the student’s law school. Students wishing to use credits earned for accelerated graduation should consult with their school.

Courses

South Africa’s Constitution in Comparative Perspective

This course entails an investigation and comparison of Constitutional Law in South Africa against primarily the United States Constitution and a select number of other countries such as Britain, France, and Germany. The course will address the different conceptions of pivotal constitutional doctrines such as separation of powers, the rule of law, federalism and the role of judiciary. The course will also address the executive-legislative-judicial interrelationship in the South African constitution in contrast to the United States and other constitutions. In this context, the British notion of legislative supremacy/sovereignty, which permeated the old order in South Africa through the lack of judicial review, will be compared with the new order’s elevation of the constitution as a supreme document subject to judicial review as exemplified in the United States. With respect to the judiciary, special consideration will be paid to the specialized constitutional court which the South African constitution provides for, and which is similar to specialized constitutional courts that exist in many parts of Continental Europe such as in Germany. Attention will also be paid to the fundamental rights provisions (i.e., free speech and substantive equality) in the South African constitution in relation to the United States and the other constitutional orders.

Doing Business in South Africa:
International Business Transactions

The International Business Transactions class will introduce students to the wide ranging legal issues that arise in international business transactions particularly as it pertains to business with South Africa. A primary object of the course is to develop the students’ skills in preventing legal problems, and to devise strategies for solving legal problems that arise in international business transactions. The class focuses on a number of critical areas in international business such as trade law, monetary law, and intellectual property law. Topics to be covered will include different methods of international business, formation and financing of an international transaction, and resolution of international disputes. The class will also consider the current political, economic, and financial developments which are relevant in international business transactions. The course will illustrate how legal expertise can assist in developing and executing a sound international business strategy, particularly in Southern Africa.

Race, Ethnicity and Gender in International Human Rights Law

The course will consider the legal framework that has developed in the context of the international protection of human rights for addressing questions of justice and equality in multi-ethnic or multi-religious societies and with respect to gender equality.

The course will survey current legal and institutional structures in the United Nations, regional human rights institutions and national legal systems that seek to identify and eliminate policies and practices that violate rights against discrimination based on race, ethnicity, gender and other categories of identity (eg migrants). Students will examine human rights treaty law and the jurisprudence of treaty bodies and various international tribunals. Classes will also explore different regional paradigms and concepts of race and ethnicity (which will include religion and linguistic differences) and will evaluate the laws and institutional frameworks of selected countries as against international standards.

Particular attention will be paid to the impact of discrimination on the enjoyment of economic, social and cultural rights. Finally, the class will assess the achievements and deficiencies of the United Nations World Conference on Racial Discrimination held in Durban in 2001.

Faculty

Professor Ziyad Motala

Professor Motala is a native of Durban, South Africa, and was active in the struggle for liberation in South Africa. He received his B.A. and LL.B. degrees from the University of Natal (South Africa). He has an LL.M. and an SJ.D degree from Northwestern University in Chicago. He is an authority on international law, constitutional law, and comparative law. Currently, he is Professor of Law and also Director of the Graduate Studies Program at Howard University School of Law. Professor Motala has served as the coordinator of a one week seminar on the Protection of Human Rights in Africa conducted by the International Institute of Higher Studies in Criminal Sciences Conference in Conjunction with the United Nations Crime Prevention and Criminal Justice Bureau, and the United Nations Center for Human Rights. Prof. Motala has written extensively in his areas of interest. He is the co-author of Constitutional Law Analysis and Cases with Cyril Ramaphosa formed Secretary General of the African National Congress and Chairman of the Constitutional Assembly of South Africa. He has also authored Constitutional Options For a Democratic South Africa: a Comparative Perspective. He has co-edited, The Protection of Human Rights in African Criminal Proceedings with M.C. Bassiouni. He is still actively involved in various projects pertaining to legal reform in South Africa. Specifically, in the past few years, he has worked on projects concerning reform of investment law and competition law, judicial reform, reform of the office of the attorney general, and reform of legal education

Advocate Riekie Wandrag

Advocate Wandrag is the Head of the department of Mercantile Law at the University of the Western Cape (South Africa). She lectures in Corporate Law as well as International Business / Economic Law at undergraduate (LL.B) and post-graduate (LL.M.) level. Adv. Wandrag obtained the B.luris, LL.B and LL.M degrees at the University of the Free State and a LL.M degree in International Law from Cambridge University. She is an editor of the UWC Faculty Law Journal Law, Democracy and Development and regularly acts as referee for this and other law Journals in South Africa. Adv. Wandrag has presented papers and published in accredited law Journals in the areas of Corporate Law, Local Government Law as well as International Economic Law. She recently participated in the Continuing Legal Education programme of the South African Law Society by lecturing on the interaction between the South African Constitution and Corporate Law. In December 1997, Adv. Wandrag presented a lecture on South African business-and investment vehicles at the University of Aix-Marseilles III in Aix-en-Provence.

For the past five years, Adv. Wandrag has acted as the South African co-ordinator of the annual Howard University School of Law Summer Programme hosted by UWC. She also presented guest lectures on South African corporate law, South African foreign investment regulation and on the enforcement of foreign judgments and arbitral awards in South Africa. Adv. Wandrag is currently involved in extensive research projects on the Southern African Development Community as well as the regulation of Local Government Finances.

Adv. Wandrag is also the Head of the Unit for International Economic Law at UWC which is affiliated to the Centre for Business Law at the University of the Free State. The main aim of this Unit is the compilation of an extensive database on International Business and Economic Law. With effect from 1 January 2001, Adv. Wandrag has also been appointed Head of the Department of Public Affairs at the Faculty of Law, UWC. This department is responsible for various outreach activities, off-campus teaching as well as international relations with partner institutions.

Gay J. McDougall
United Nations Independent Expert on Minorities,
Distinguished Scholar in Residence, Washington College of Law, American University

In 2005, Gay McDougall was appointed by the United Nations High Commissioner for Human Rights to serve as the first UN Independent Expert on Minority Issues. She currently also holds an appointment as “Distinguished Scholar in Residence” at the Washington College of Law, American University. From 1994 to 2006, Gay McDougall served as the Executive Director of Global Rights, leading the development and implementation of programs in Africa, Asia, Eastern Europe and the Americas. In 1999, Ms. McDougall was awarded a McArthur Foundation Fellowship for her “innovative” work in international human rights.

She has served on the U.N. treaty body that oversees the International Convention on the Elimination of all Forms of Racial Discrimination (CERD), on the UN Sub-Commission on the Promotion and Protection of Human Rights and as U.N. Special Rapporteur on the issue of systematic rape, sexual slavery, and slavery-like practices in armed conflict, presenting a groundbreaking study to the UN that called for international legal standards for prosecuting acts of systematic rape and sexual slavery committed during armed conflict.

In 1994, she was appointed the only American member of the 16-member 1994 Electoral Commission of South Africa which organized the process that resulted in the election of Nelson Mandela. For fourteen years prior to those elections, she worked with South African lawyers to gain the release of thousands of political prisoners. She also founded the Commission on Independent Elections in Namibia that monitored that country’s transition to democracy.

She received her J.D. from Yale Law School in 1972 and her LL.M. from the London School of Economics and Political Science in 1978. She holds honorary Doctor of Laws Degrees from Georgetown University Law Center and the City University of New York Law School.

Judge Zakeria Muhammed Yacoob

was born on March 3, 1948. He became blind at the age of sixteen months as a result of Meningitis. Judge Yacoob attended the Arthur Blaxall School for the Blind, Durban, during the period 1956 to 1966. He studied for the Bachelor of Arts Degree at the University-College, Durban (now the University of Durban-Westville), 1967 to 1969, majoring in English and Private Law. He completed the Bachelor of Laws degree at the University of Durban-Westville 1972.

He was admitted as advocate by the Natal Provincial Division of the Supreme Court (as it was then known, March 12 1973. He practiced as a Junior Counsel from Durban, July 1973 to May 1991. During this period he represented and advised many people who were prosecuted for contraventions of the provisions of restriction orders imposed in terms of security legislation; represented and advised persons and organizations who were the victims of other oppressive legislation; was instructed to appear and did appear on behalf of people in attempt to secure their release from detention in terms of security legislation or emergency measures; represented victims of attempted unfair evictions or people who were required to pay unfair tariffs and charges; represented a group of persons who became known as the “Durban Six” in negotiations with the British Government when the “Durban Six” occupied the offices of the British Consulate Durban during September-October 1984 as a protest against apartheid and unjust laws in an effort to persuade the Government to help. Also, represented their case before Secretary-General and representatives of certain member countries of the United Democratic Front (UDF) and its affiliates charges of treason and certain statutory offences during the period 1985 until 1981 a trial that became known as the “Delmas Treason Trial”, represented the accused in the political trial that became known as the, “Vula” trial involving high-ranking members of the African National Congress during the period 1990 until 1991; and sustained a significant and diverse commercial and general legal practice. He served as a member, of the Society of Advocates of Natal for several years and tool Silk during May 1991.

Judge Zak Yacoob was actively involved the resistance against apartheid. During 1979-1984 he served as chairperson and a member of the executive of the Democratic Lawyers Association (the predecessor of the National Association of Democratic Lawyers) Durban. He participated in the foundational work which gave rise to the United Democratic Front during, 1983 to 1985 and served as an interim Publicity Secretary from 1984-1985 and also a member of the Natal Executive. On behalf of various organizations he planned and executed a campaign against the institutions of and elections for the tricameral parliament during, 1983-1985. He assisted with the planning and the setting up of national, regional and local structures necessary to ensure the success of the first democratic election in South Africa. He advised political parties, facilitated negotiations, participated in drafting, conducted research and, in particular, assisted with those aspects Panel of Independent Experts of the Constitutional Assembly, appointed in terms of Chapter 5 of the Interim Constitution.

Judge Yacoob also advised local government bodies and assisted them in the conceptualization, formation and constitution of the South African Local Government Association. He advised the National Land Committee on its response to legislation aimed at ensuring land tenure security, particularly for tenants. He is a board member of the Human Rights Commission Trust and of Reconstruct Trust. He was appointed a judge of the Constitutional Court by President Mandela on February 1, 1990.

Accommodations

Participants will be housed in two and three bedroom apartments just off Cape Town. Participants will be staying at separate apartment complexes which are approximately 10 minutes apart. Each room will be shared by two persons. The apartments are fully furnished with linen, cutlery, and dishes.

Accessibility

In general, accommodations for disabled persons are not widely available in South Africa. University of Western Cape buildings are generally accessible to individuals with disabilities. Cape Town and certain aspects of the tour may not be accessible in all circumstances. All inquiries in this regard should be directed to the program director.

Medical Insurance

Every student must have some form of medical insurance coverage which applies in South Africa and submit proof, in writing, to Howard University before entering the program. You are encouraged to find out from your health insurance provider whether they provide coverage for overseas medical expenses. Even if you are covered, you are encouraged to take a credit card and claim forms for emergencies as some treatment facilities require payment at the time of treatment. If you do not have medical coverage, you must obtain coverage before you depart the United States.

Insurance may be bought at reasonable rates from:

1. International Student Identification Cards. You should apply at any Council Travel Office. Call 1-800-40-STUDY

2. Travel Guard International provides travel insurance that includes medical insurance. They can be contacted at 1-800-826-1300.

Visas

United States citizens usually do not require tourist visas when visiting South Africa for less than ninety days. If you have any questions concerning visas, please contact the South African Embassy in Washington, D.C., at (202) 966-1650.

Cost of Program

The cost of the program for each student is $4,690.00. This sum includes tuition (for two or three courses), cost of books and class materials, housing, tours, and internal transportation (where applicable). The cost does not include the $50 non-refundable application fee. The fees are paid as follows:

1. A non-refundable registration fee of $300 is due two weeks following your acceptance into the program. The fee will reserve your place and accommodations in the program and a dormitory room.

2. A second non-refundable amount of $700 is due by April 1, 2008

3. The balance of $3,290.00 is due by May 1, 2008

   Payment may be processed to the University by cashier’s check, money order or credit card. All cashier’s checks should be made payable to Howard University School of Law and will be accepted by mail. Credit card payments are accepted for MasterCard, Visa, and American Express. Please be sure to complete the authorization form and return it with the application.

Any student who has an outstanding balance as of June 19, 2008 will be charged a late fee of $350.

Estimated Expenses

In addition to the cost of the program, you will have the following expenses which can only be estimated at this time:

Air Fare $1650.00

Meals $ 950.00

Miscellaneous Expenses $ 750.00

TOTAL $3,500.00

Air-Bookings

You are encouraged to make your air reservations ahead of time to get the best possible rate. Instead of booking directly with the airline companies, check the travel section of your newspapers such as the New York Times and/or the Washington Post for travel wholesalers who sometimes offer cheap trips to South Africa. As was the case last year, the program organizers will reserve a block of seats on a flight leaving from one or two major U.S. cities at a further discounted rate. Participants in the program will be informed by late February about the discounted group rate. Student applicants should contact the Financial Aid Office at their respective schools to inquire about funding sources available.
Financial Aid

Student applicants should contact the financial Aid Office at their respective schools to inquire about funding sources available. Students who plan to apply for aid should begin early as possible (late January or February) to ensure that funds are available by payment due dates.

Cancellation

Program fees are non-refundable. If prior to its commencement the program is canceled, all fees advanced by students will be returned within 20 days after the date of cancellation.

If there are significant changes in the course offerings or other aspects of the program, applicants who have paid a deposit or registered and/or of prior to the commencement of the program, a U.S. State Department Travel Warning is issued for the Cape Town area, or the cape area of South Africa is declared an “Area of Instability,” all registrants will be notified promptly and given an opportunity to withdraw from the program. A full refund of all fees or deposits advanced will be returned 21 days after notice of withdrawal.

For More Information

Additional information concerning the program will be sent to those accepted in the program. If you have any further questions, please do not hesitate to call the Office of Admission at (202) 806-8008/8009, fax (202) 806-8162 or the program director, Professor Ziyad Motala, at (202) 806-8044, e-mail zmotala@law.howard.edu or write to us at:

OFFICE OF ADMISSONS
HOWARD SUMMER ABROAD PROGRAM
IN SOUTH AFRICA
HOWARD UNIVERSITY SCHOOL OF LAW
2900 Van Ness Street, N.W.
Washington, D.C. 20008

We look forward to having you for what offers to be an exciting and stimulating program in South Africa.

Law School Services
2007 Howard University School of Law



updated: September 27, 2007