The Law Faculty Of The NWU Potchefstroom Campus Celebrates Its Half Centenary

Abstract

The Law Faculty of the North-West University, Potchefstroom Campus, is celebrating its half centenary in 2015, having been founded in 1965. Law subjects were first introduced in 1932 after the Senate had decided on 11 November 1931 to accept the recommendations of a commission which had to examine the possibilities of adding law subjects for the BA degree. The newly found Law Faculty held its first meeting on 4 August 1965.KEYWORDS: North-West University; faculty of law; history.

Full text

Author: HS Gouws
THE LAW FACULTY OF THE NWU POTCHEFSTROOM CAMPUS
CELEBRATES ITS HALF CENTENARY
http://dx.doi.org/10.4314/pelj.v18i5.01
2015 VOLUME 18 No 5
eISSN 1727-3781

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THE LAW FACULTY OF THE NWU POTCHEFSTROOM CAMPUS CELEBRATES
ITS HALF CENTENARY
HS Gouws

1 Introduction
The Law Faculty of the North-West University, Potchefstroom Campus, is celebrating
its half centenary in 2015, having been founded in 1965. Law subjects were first
introduced in 1932 after the Senate had decided on 11 November 1931 to accept the
recommendations of a commission which had to examine the possibilities of adding
law subjects for the BA degree.
1
The newly found Law Faculty held its first meeting
on 4 August 1965.
2
2 A vibrant faculty
Today, fifty years later, the Law Faculty of the North-West University, Potchefstroom
Campus, is a highly esteemed and vibrant law school. With 1 210 undergraduate
students in 2015
3
the Faculty is still one of the smaller faculties in South Africa, but
according to the Dean, Prof Nicola Smit,
4
being smaller means that the staff personally
know the students.
5
Despite being one of the smaller law faculties, it is noted in international circles. Prof
Willemien du Plessis
6
says that the Faculty draws more post-doctoral researchers than
the bigger law faculties. Currently there are 36.
As far as postgraduate students are concerned, the Faculty has also become a sought
after destination. Currently 30 LLM students and 28 doctoral students registered in

HS Gouws. MA in Communication Studies (NWU). E-mail: lenniegouws@gmail.com. Under the
name Lennie Gouws she is the author of two books and co-author of one on local history. She is
also a freelance journalist, has written numerous articles of a historical nature, and has compiled
various historical supplements for the
Potchefstroom Herald
. Two of her articles have appeared in
Weg!/Go!.
This article is a short summary of a book, researched and written by Gouws, on the
history of the Faculty of Law, to be published in its half-centenary year.
1
PUK 1931
Notule van die Senaat
057.
2
PU for CHO 1965
Notule van die Vergadering van die Fakulteit Regte
1.
3
Smit 2015 [Personal Interview].
4
Smit 2015 [Personal Interview].
5
Stander 2015 [Personal Interview]; Crous 2015 [Personal Interview].
6
Du Plessis 2015 [Personal Interview].

HS GOUWS PER / PELJ 2015(18)5
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the Faculty are from outside South Africa.
7
The Faculty has 132 LLM and three MPhil
students. This year 62 students enrolled for a LLD.
8
Various co-operation agreements exist with overseas universities. The first was an
agreement for an academic exchange programme with the University of Leiden and
the Vrije Universiteit, Amsterdam, which was signed in 1992, when Prof Ig Vorster
was the Dean. He passed away in May 2015 and letters of condolence were received
from the University of Leiden, noting the large role Prof Vorster played in the creation
of this exchange programme.
9
According to this agreement two final year LLB students would study at Leiden during
the third semester, attending classes and writing exams. Later a similar agreement
was signed with the University of Leuven in Belgium. The first students went to Leiden
and Leuven in 1994.
In 2004 the University of Leiden awarded the PU for CHE its prestigious Meijers Medal,
honouring the PU for CHE for the relationship between the two faculties.
10
During the
tenure of Prof Francois Venter as Dean (2000 to 2012) more agreements with other
universities were concluded.
11
A dynamic research culture exists within the Faculty. Research is co-ordinated by the
Research Unit: Development in the South African Constitutional State. Under the
directorship of Prof Willemien du Plessis, the Research Unit addresses developmental
and legal challenges in South Africa.
12
The 2014 report
13
of the Research Unit defines
its activities:
The research in the Unit centres on issues of importance to South Africa, the Southern
African Development Community (SADC) and Africa. The research relates amongst
other things to land (e.g. land reform, virtual property and food security), the
environment (e.g. its relationship to local government and energy in the region),
trade (e.g. public procurement, transboundary insolvency), cultural diversity and
decent work (in South Africa and SADC).
7
Du Plessis 2015 [Personal Interview].
8
De la Harpe
Postgraduate Student Numbers
[e-mail].
9
Elias
Untitled
[e-mail]; Lawson
Deelneming Overlijden Prof Ig Vorster
[letter].
10
Anon
Universiteit Leiden Faculteit der Rechtgeleerdheid.
11
Venter 2015 [Personal Interview].
12
Faculty of Law
2014 Report Research Unit
1.
13
Faculty of Law
2014 Report Research Unit
1.

HS GOUWS PER / PELJ 2015(18)5
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In 2014 thirty-five researchers participated in various capacities in the work of the
Research Unit. Twenty-two of these researchers have doctoral degrees, while most of
the other researchers have LLM degrees. Eight NRF-rated researchers participate in
the Unit, of whom two are B-rated researchers and one a P-rated researcher.
The Faculty has eleven professors, six associate professors, six senior lecturers, eleven
lecturers and two junior lecturers. A good balance has been attained, there being 17
professors and 19 senior and junior lecturers. Two of these are post-65 years of age
appointments, they being Profs Gerrit Pienaar and Francois Venter.
14
2.1 The unique character of the Faculty of Law at the NWU Potchefstroom
Campus
In the fifty years of its existence, and within the context of the university in which it
is established, the Faculty of Law at the North-West University, Potchefstroom Campus
has developed its own character.
The Faculty was founded in the Potchefstroom University for Christian Higher
Education, which has for many years been the philosophical foundation of all science
practised here.
In 1975 Van der Vyver
15
wrote that two aspects give the law education at this Faculty
its unique character. On the one hand there is an emphasis on historical values and
on the other hand a philosophical approach with principled values.
Most of the pioneers at the Faculty had their training at the University of Stellenbosch,
which was then known for its traditional approach to jurisprudence. Van der Vyver
explains that this traditional approach relates to the fact that South African law is
rooted in the historical Roman-Dutch Law.
14
Smit 2015 [Personal Interview].
15
Van der Vyver "Voorwoord" vii.

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De Beer
16
agrees with Van der Vyver, and wrote in 1991:
The emphasis of the principal foundations of the law ... and ... the Christian-historical
character of the PU for CHE, determines the unique character of law education in
Potchefstroom. The fact that Philosophy of Law has become a specialist area of
Potchefstroom quickly received national acknowledgement and is nothing more than
the logical development of this unique approach.
By 2001 the Strategic Plan
17
of the Faculty states that, although it has not been
cultivated purposefully, the Faculty has developed a certain identity within the context
of the academic community. "It is not possible to define this in detail, but it is
connected to the Christian historical and Afrikaans character of the university."
According to Prof Willemien du Plessis,
18
these two aspects still defines the unique
character of the Faculty. With Philosophy of Law at the foundation of all subjects,
students of the Faculty go into the world as well-rounded people. "They think further
and are more critical than students of other universities."
This modern faculty thus has its roots in history that stretches back nearly 150 years.
3 Overview of the history of the North-West University, Potchefstroom
Campus
The Potchefstroom University College (PUC) has its origins in the founding of a
Theological School for the Reformed Church on 26 November 1869 at Burgersdorp.
19
In 1877 it was decided to also instruct students to enable them to obtain literary
degrees.
20
After having considered the issue for a period of time, the synod of the
Reformed Church decided to move the Theological School to Potchefstroom at its
meeting in Middelburg in April 1904.
21
16
De Beer 1991
THRHR
345.
17
PU for CHE
Strategiese Plan.
18
Du Plessis 2015 [Personal Interview].
19
Van der Schyff
Wonderdaad
2.
20
Du Plessis
Geskiedenis van die Potchefstroomse Universiteitskollege
2.
21
Van der Schyff
Wonderdaad
81.

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On 13 February 1905 the official opening of the Theological School took place in
Potchefstroom.
22
The initial student corps numbered 18 to 20, including two students
in the equivalent of Grade 10, two in Grade 12, four theological students and two
students studying to obtain literary degrees.
23
By 1913 the curators were struggling to keep the Theological School afloat financially.
They applied for assistance from the government.
24
This subsidy was granted on
condition that the Literary Department and the Theological School be separated. From
April 1919 the Literary Department was known as "Het Potchefstroomse
Universiteitskollege voor Christelike Hoger Onderwys".
25
The incorporation of the PUC into UNISA in 1921 was met with much resistance, due
to the fact that the PUC lost its "surname"
voor Christelike Hoër Onderwys.
No stone
was left unturned to have this suffix restored, and in 1933 a private bill was accepted
by parliament to this effect.
26
According to Du Plessis
27
the aspiration to become independent was kept alive and
was achieved with another private bill. The independence was celebrated with much
pomp and ceremony during the week of 14 to 17 March 1951.
28
After this the PUC
was officially known as the Potchefstroom University for Christian Higher Education.
The next major milestone in the history of the university was reached in 2004 when
the PU for CHE, the University of the Northwest and the Sebokeng campus of Vista
University amalgamated to form the North-West University.
29
4 Law subjects instituted
The first time the possibility of incorporating law subjects into the curriculum of the
PUC was raised was in 1922 when a local attorney, JLP Erasmus, wrote to the PUC,
22
Van der Schyff
Wonderdaad
89.
23
Schulze
Veritas Vincet Jubileumuitgawe
58.
24
Anon 1969
PU-Kaner
15.
25
Coetzee "Geskiedenis van die Onderwys in Potchefstroom" 249.
26
Prinsloo
Potchefstroom 150
68, 69.
27
Du Plessis
Geskiedenis van die Potchefstroomse Universiteitskollege
60.
28
PU vir CHO
Gedenkprogram
3.
29
NWU 2015 http://www.nwu.ac.za/af/nwu/glance_a.html.

HS GOUWS PER / PELJ 2015(18)5
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requesting that the College consider teaching law subjects. This led to an extensive
investigation and careful consideration, after which it was decided not to institute the
teaching of law subjects.
30
By the time the decision was taken by the Senate of the PUC in November 1931 to
present law subjects at the PUC, it was too late to reflect this in the Calendar (year
book) for 1932. Therefore law subjects appear in the Calendar of the PUC for the first
time only in 1933.
31
An advertisement to invite prospective students to register for law subjects appeared
in an Afrikaans newspaper published in Potchefstroom,
Die Westelike Stem,
on 24
February 1932. In the advertisement the PUC announced that they would present
courses in Law and Administrative Sciences "at times that will be convenient for
students who already work fulltime".
32
The law subjects resorted under the Faculty of Arts and the qualification students
could obtain was a BA (Law).
33
5 Prof LJ du Plessis was the first lecturer in law subjects
The lecturer for the law subjects, when it was introduced in 1932, was Lodewicus
Johannes du Plessis (1897-1968), one of the most exceptional lecturers that ever
joined the staff of the PUC. In his obituary in the
Potchefstroom Herald
it is said that
he was an original and brilliant philosopher.
34
Du Plessis obtained his matric at the age of 15 as the best student in the Union. He
joined the staff of the PUC in 1918 after receiving his BA at the end of 1917. During
1923 Du Plessis received a Master's Degree in the classical languages (Latin and
Greek). Shortly afterwards he studied Economics, Political Science and Law, and he
obtained a Master's Degree in Economics in 1931.
35
30
Du Plessis
Geskiedenis van die Potchefstroomtse Universiteitskollege
108.
31
PUK
1933 Jaarboek
86.
32
PUK
Die Westelike Stem
5.
33
PUK
1933 Jaarboek
86.
34
Anon 1968
Potchefstroom Herald
15.
35
Potgieter
LJ du Plessis as Denker
9.

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According to Du Plessis
36
law subjects were introduced – apart from the fact that the
PUC would be able to present prospective students with a wider choice of subjects –
because they "intimately" involved the Afrikaner. South Africa suffered a searing
drought and economic depression during the 1930's. The Afrikaner people were
amongst those hardest hit by the drought and depression. Consequently law subjects,
geography, domestic science and economic science were launched at the PUC in the
1930's to present an opportunity for the Afrikaner people to uplift themselves through
study.
Throughout his life Du Plessis endeavoured to further the cause of the Afrikaner
people. He became the first chairman of the board of the bank founded for and by
Afrikaners, Volkskas, in 1934 and served in this position for ten years.
37
Du Plessis was appointed as professor in 1932 and was the only lecturer in law subjects
from 1932 until 1945 when WA (Willie) Joubert joined the PUC. He in turn became the
only lecturer when Prof Du Plessis resigned at the end of 1945 to pursue a career in
business in Johannesburg.
38
36
Du Plessis 1936
Die Veteraan
14.
37
Anon 1968
PU-Kaner
4.
38
Du Plessis
Geskiedenis van die Potchefstroomse Universiteitskollege
109
Photo 1: Prof LJ du Plessis (1897
– 1968) was the first lecturer in
law subjects when law was first
introduced in 1932. Prof Du
Plessis has been described as an
exceptional lecturer and an
original and brilliant philosopher.
Apart from being the founder
and co-founder of various
Afrikaans business enterprises,
of which Volkskas was the best
known, Du Plessis was also the
secretary to the Bible translators
who translated the Bible into
Afrikaans.
(Photo: NWU Archives
Potchefstroom Campus)

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Prof Du Plessis was the first writer to publish in Afrikaans on the subject of Public Law.
Henning
39
said that the articles by Du Plessis published in academic journals testify to
an astuteness and depth that is difficult to equal. In 1961 he was the promotor for
the first thesis in South Africa on Administrative Law. Henning concluded: "Prof Du
Plessis was a man of brilliant talents and an exemplary human being".
Du Plessis was re-appointed at the PUC in 1953 first as senior lector and shortly
afterwards as professor in the Department of Law and the Department of Political
Sciences.
Apart from being the founder and co-founder of various Afrikaans business
enterprises, Du Plessis was also the secretary to the Bible translators who translated
the Bible into Afrikaans.
40
This is regarded as one of his greatest achievements.
41
It
entailed that he had to type the whole text of the Bible in Afrikaans, and he later said
that his knowledge of Greek and Hebrew urged him to make certain suggestions to
the translators.
42
Du Plessis resigned in 1961 at a time when "the social aspect of his life was not in
perspective".
43
In 1963 he underwent a lobotomy in Cape Town. At the time this was seen as a
remedy for certain psychological conditions, but today it is regarded as medical
barbarism. After the operation he led a quiet life and he died on 19 October 1968.
44
WA Joubert (1918-1992) obtained a LLB and MA at the University of Stellenbosch. He
was one of many former staff members and alumni who joined other law faculties in
the country and excelled there. In 1952 he joined the law faculty of the University of
the Free State. In 1959 he was appointed at the law faculty of UNISA, where he was
dean from 1960. Prof Joubert was also the editor of the
Tydskrif vir die Hedendaagse
39
Henning
Voordragreeks LJ du Plessis.
40
Van der Vyver "Voorwoord"
ii.
41
Anon 1968
Potchefstroom Herald
17.
42
Potgieter
LJ du Plessis as Denker
11.
43
Potgieter
LJ du Plessis as Denker
15.
44
Potgieter
LJ du Plessis as Denker
23.

HS GOUWS PER / PELJ 2015(18)5
1264
Romeins-Hollandse Reg
and author
of Grondslae van die Persoonlikheidsreg
(Kaapstad
1953).
45
With the appointment of Joubert the law subjects were gathered together
administratively into an independent department.
46
Various temporary lecturers served as lecturers in law subjects, of whom the first was
HL Swanepoel.
6 First Dean of Law was also a journalist
The man who later became the first Dean of the Law Faculty of the PU for CHE,
Hendrik Lambertus Swanepoel, was appointed as a part-time lecturer in 1947 and was
permanently appointed in 1951.
HL Swanepoel (1912-1972) came to Potchefstroom in 1947 to join the local law firm
AR Fleischack & Co. This was after a diverse career where he alternately practised law
and worked as a journalist at various publications. This included
Die Burger
and
Die
Transvaler.
He also founded the newspaper
Die Suidwester
in Windhoek, Namibia.
47
45
Van der Vyver "Voorwoord" ii.
46
Du Plessis
Geskiedenis van die Potchefstroomtse Universiteitskollege
109.
47
Anon 1972
PU-Kaner
2; Anon 1972
Potchefstroom Herald
17.
Photo 2: Prof HL Swanepoel
(1912-1972) was the first Dean
of the Law Faculty when it was
founded in 1965. He joined the
PUC in 1947 as a part-time
lecturer. Previously he had
worked alternately as a lawyer
and a journalist. His students
described him as a true
gentleman and a fatherly figure.
He won the Stalz prize in 1963
with Prof JC de Wet from
Stellenbosch. He was mayor of
Potchefstroom from 1966-1969.
(Photo: NWU Archives
Potchefstroom Campus)

HS GOUWS PER / PELJ 2015(18)5
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Swanepoel obtained a BA and LLB from the University of Stellenbosch in 1933 and
1935 respectively and was awarded the LLD in 1943 at the same university.
48
When the law faculty was founded in 1965 he was unanimously elected as its first
Dean.
49
He resigned at the end of 1971 due to poor health and died on 26 January
1972. Swanepoel and Prof JC de Wet jointly received the Stals Prize of the South
African Academy for Science and Arts in 1963 for their book
Die Suid-Afrikaanse
Strafreg.
He also published numerous articles in law journals, as well as two volumes
of poetry.
50
Swanepoel was also a member of the Potchefstroom town council from 1962 to 1971
and mayor from 1966 to 1969.
51
He was a hero to his students. They even imitated him by smoking the same brand of
cigarettes as he did.
52
7 Aspirations for a law faculty
For many years the PUC aspired to found a law faculty. By 1951, at the time when the
PU for CHE became an independent university, the planning for a law faculty was in a
"developmental stage". The Department of Law subjects then still resorted under the
Faculty of Arts.
53
During 1952 and 1953 the Dean of the Faculty of Arts, Prof HG Stoker, launched a
fund raising initiative to enable the university to found a law faculty. The actual
founding of the faculty in 1965 was preceded by a report by the then Dean of the
Faculty of Arts, Prof JH Coetzee, who came to the conclusion that the founding of the
faculty of law was a matter of urgency.
54
48
Pretorius "Hendrik Lambertus Swanepoel" vii.
49
PU for CHO 1965
Notule van die Vergadering van die Fakulteit Regte
1.
50
Pretorius "Hendrik Lambertus Swanepoel" vii.
51
Anon 1972
Potchefstroom Herald
17.
52
Vorster 2015 [Personal Interview].
53
PU vir CHO
Gedenkprogram
52.
54
De Beer 1991
THRHR
342
.

HS GOUWS PER / PELJ 2015(18)5
1266
8 First meeting of Faculty was a "joyful occasion"
The first meeting of the Faculty of Law took place on 4 August 1965. The minutes
recorded that this was a "joyful occasion".
55
The faculty was organised into six departments. Prof HL Swanepoel, Dean, was the
head of the Department of Criminal Law, Mr FJ van Zyl, who had joined the PU for
CHE in 1954 as a lecturer in law, was the head of the Department of Private Law and
International Private Law; Dr S Postma, who had been one of the first students to
complete the LLB at the PUC, was the head of the Department of Roman Law and
History of Law; Mr JD van der Vyver, who had been appointed as a lecturer in law in
1958 became the head of the Department of Philosophy of Law and Comparative Law;
Mr JA Coetzee, who had been a lecturer in law since 1963, was the head of the
department of Law of Evidence and Medicina Forensis, and Mr PJ von R Henning, who
had been a lecturer since 1964, was head of the department of Constitutional Law,
Administrative Law and Public Law. The other staff member was Dr D Cilliers, a
medical doctor, who taught Medicina Forensis on a part-time basis.
56
9 Unique teaching culture
Alumni fondly remember the unique teaching culture at the University in the early
years of the Faculty and before. Prof Ig Vorster recalled that the cafeteria was situated
in the complex of the Totius Hall. This was right next to the Main Building, where the
Department of Law was situated. During Prof LJ Du Plessis' time the formal classes
were conducted in the Main Building. It was expected of students to prepare certain
chapters in the prescribed textbook for a class. As the class commenced Prof Du Plessis
would ask if there were any questions. More often than not there were no questions
and the class was dismissed after about 10 minutes. The students and the lecturer
would then retire to the cafeteria and over a cup of tea a discussion would follow
rivalling the best of classes.
57
Prof Ig Vorster told the
PU-Kaner
in 1991
58
that the
55
PU for CHO 1965
Notule van die Vergadering van die Fakulteit Regte
1.
56
Cloete 1966
Die Besembos
89.
57
Vorster 2015 [Personal Interview].
58
Anon 1991
PU-Kaner
32.

HS GOUWS PER / PELJ 2015(18)5
1267
actual class would then begin. More than anything else, Prof Du Plessis enjoyed getting
the students to argue. A hot debate would follow and it would only be later that you
would realise that he had shot down a student's whole argument and that an academic
conversation of the highest calibre had taken place.
This custom was continued in the days of Prof HL Swanepoel. Prof Francois Venter,
previous Dean of the Law Faculty, said: "The cafeteria was the place where Prof
Swanie formed us intellectually. He had the ability to motivate us without pushing. He
engaged us in conversation and encouraged us to use our brains and so shaped our
minds."
59
Another memory that many of the alumni share is Prof Swanepoel's unorthodox way
of conducting tests. One of the students in the class would collect the questionnaires
from Prof Swanepoel. On the day of the test he would open the envelope, distribute
the questionnaires and the class would write their test. Afterwards one of the students
would gather the test papers and deliver them to Prof Swanepoel's office or his house.
The professor himself would not be anywhere near the room where the test was
written. Prof Swanepoel was of the opinion that lawyers should be honest and if he
was not able to trust them to write a test, how would they ever learn to be honest in
their profession? Many of the well-known alumni of the Faculty say that this is their
strongest memory from their student years.
60
59
Venter 2015 [Personal Interview].
60
Van der Vyver
Fakulteit Regte 50 Jaar
[e-mail]; Vorster [Personal Interview] 2015; Anon 1988a
PU-Kaner
5.

HS GOUWS PER / PELJ 2015(18)5
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10. Postgraduate programme abounds
The first honorary doctorate in Law was awarded to Mr PGW Grobler in 1938. He was
the Member of Parliament for Rustenburg and was an avid supporter of the PUC.
61
The first doctoral degree was conferred on Johan Raubenheimer in 1962. The title of
his thesis was: "Kollegiale Administratiewe Howe in die Republiek van Suid-Afrika." His
promotor was Prof LJ du Plessis.
Before the founding of the Faculty students could register for a doctoral degree directly
after acquiring a LLB degree without having to take a Master's degree first. It was only
thereafter that a Master's degree became a prerequisite for doctoral study.
61
Van der Schyff
Wonderdaad
436.
Photo 3: From 1932, when law subjects were instituted, they were housed in the Main Building, and
it is still the home of the Law Faculty. The Main Building was officially opened on 4 April 1931. It
was built with a government grant augmented by public funds. The building was designed by Henry
Louw of Bloemfontein. In 1949 a devastating fire in the library on the top floor in the north wing
caused considerable damage. This hastened plans to build a new Library. In 1984 the Main Building
was thoroughly renovated and was declared a National Monument. The Law Faculty was then the
sole occupant of the building. The Main Building is the icon of the NWU Potchefstroom Campus, and
also of Potchefstroom. It attracts many visitors, and during the graduation season all graduates
want their photo taken with the Main Building in the back ground. Through the year students find
the Calvyn fountain in front of the Main Building an irresistible attraction to swim in. (Photo: NWU
Archives Potchefstroom Campus)

HS GOUWS PER / PELJ 2015(18)5
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Due to this the first LLM was awarded only in 1974. It was conferred on GL Grobler
cum laude
with a dissertation entitled:
Die Grondslag vir Aanspreeklikheid van die
Verkoper weens Gebreke in die Koopsaak.
62
When the Faculty reached its quarter centenary in 1991, a total of 16 Master's degrees
and 18 Doctoral degrees had been conferred.
63
The establishment of a structured
Master's Degree in 1985 attracted more postgraduate students. In 1989 the Faculty
had 27 LLM students and 15 LLD students.
64
The first structured Master's degree was
in Estate Planning. The name was changed to a Master's Degree in Estate Law the
following year.
65
It is currently the longest running Master's programme in the Faculty,
having reached its 30
th
year in 2015. The North-West University is the only university
in South Africa offering this degree.
66
A structured Master's degree in Import and Export Law was instituted in 1995.
Advocate Altus Joubert, senior counsel from the Johannesburg Bar, was one of the
first students in this programme. For the past approximately 15 years he has taught
62
Van der Vyver "Voorwoord" viii.
63
De Beer 1991
THRHR
344.
64
PU vir CHO 1989b
Notule van die Vergadering van die Fakulteit Regte
13.
65
De Beer 1991
THRHR
343.
66
De la Harpe
LLM in Estate Planning
[e-mail].
Photo 4: This is a group photograph
of the first students to complete the
LLM in Estate Law in 1986. This LLM
was the first structured Master's
degree to be instituted in the
Faculty. They are (Front row): WM
van der Westhuizen (lecturer), Proff
I Vorster (lecturer), W Scott (Dean),
CR de Beer (Vice-dean) and Me AMC
de Beer. Second row: Me CMW de
Kok, JD Claassen, GSG van den
Heever, S Friedrichs, DJ
Steenkamp, JJ Kotzé, CA
Hollenbach, PR Watson. Third row:
CP de L Beyers, JW Maree, PS
Scholtz, GG Hough, JA Erwee, R
Vermaak, NJW Bothma, CJA
Lourens. Back: B Engelbrecht.
(Photo: NWU Archives [Piet
Fotokuns collection])

HS GOUWS PER / PELJ 2015(18)5
1270
the module Customs and Excise Law. The oral exams for this subject, presided over
by Adv Joubert, have caused many a student sleepless nights.
67
The third structured Master's degree was in Labour Law, and was first presented in
2001. Prof Piet Myburgh was instrumental in the founding of this degree and for many
years almost singlehandedly presented the course. Guest lecturers include Prof
Manfred Weiss and Judge Andre van Niekerk. The NWU Potchefstroom Campus
presented Prof Weiss with an honorary doctoral degree in 2015.
68
The Faculty has offered a LLM in Environmental Law and Governance since 2006. An
MPhil degree by the same name was instituted in 2008. This postgraduate programme
was the first in the country to offer a fully comprehensive Climate Law and Governance
module. It is also the only structured LLM programme in its field that explicitly focuses
on the issue of environmental governance in relation to environmental law. It is one
of the few in South Africa that comprehensively covers a broad spectrum of
environmental law, governance and related issues.
69
This was followed by a Master's degree in Comparative Child Law in 2007. The Dean
of Law at Justus Liebig University, Giessen, Germany, Prof Thilo Marauhn, and other
members of the Faculty visited the Law Faculty at the NWU Potchefstroom Campus in
2007 with the aim of considering a joint Masters programme. Due to the expertise
that existed in the Law Faculty of the NWU Potchefstroom Campus it was decided to
create a LLM in Comparative Child Law. Potchefstroom would present the course from
an African perspective and Giessen from a European perspective.
In terms of the agreement between the faculties, it was required of Potchefstroom
students to study one semester at Giessen and for Giessen students to study for one
semester at the NWU-PUK. Regrettably Giessen had to withdraw from the programme
in 2013 due to a lack of funding, but the programme is still presented at the NWU
Potchefstroom Campus.
70
67
De la Harpe
LLM in Import and Export Law
[e-mail].
68
De la Harpe
LLM in Labour Law
[e-mail].
69
De la Harpe
LLM in Environmental Law and Governance
[e-mail].
70
De la Harpe
LLM Comparative Child Law
[e-mail].

HS GOUWS PER / PELJ 2015(18)5
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When the LLM programme in Climate Change Law and Governance was instituted in
2011, the Faculty made history. This is the first module of its kind to be presented at
a South African University. The module is presented from a South African perspective
and its importance is illustrated by the fact that the number of entrants almost doubled
in the second year of its presentation.
71
Good co-operation exists on an international level between the Faculty and other
universities. In the past few years it has been attracting an increasing number of
students out of Africa. Students from the SADC countries yearly receive bursaries, and
there are currently postgraduate students from Botswana, Cameroon, Tanzania,
Ethiopia, Namibia, Lesotho and Zimbabwe. Approximately 30% of the current
postgraduates are international students.
72
11. Research grew in importance
Considering the emphasis that is currently placed on research, it is almost
unimaginable that the University had published a report in 1951 stating that the
institution should focus on education and that research was a secondary matter.
73
From 1951 until 1977 research at the university was conducted by way of institutes.
This changed in 1978 when the Minister of National Education approved a policy to
curb the founding of new institutes at universities. Government declared that the
primary task of research at universities should be to enhance the quality of its
teaching.
74
Shortly afterwards the Faculty of Law appointed a commission to examine
and report on organised efforts by way of which the climate of scientific research in
the Faculty could be enhanced.
75
The recommendations of this report, which was produced only after a lengthy period
of eight months, led to several changes taking place in the Faculty. Some of the
recommendations included in the report were:
71
Faculty of Law
Uit die Regsbank
[electronic newsletter].
72
De la Harpe
Postgraduate Student Numbers
[email].
73
Tempelhoff "Navorsing aan die PUK" 142.
74
Tempelhoff "Navorsing aan die PUK" 165.
75
PU vir CHO 1979
Notule van die Vergadering van die Fakulteit Regte
2.

HS GOUWS PER / PELJ 2015(18)5
1272
 That an administrative officer be appointed in the Faculty, and that the Vice Dean not
be burdened with administrative duties.
 That a law library be equipped within the Faculty so that members need not have to
go all the way to the library to find basic sources.
 That the Main Building was in urgent need of repair. This was regarded as a matter of
the highest priority.
 That the staff offices were inadequate and in need of a comprehensive upgrade.
 That the Dean will distribute all legal work the Faculty is doing for various departments
within the University, equally between staff.
 That every lecturer should spend twenty hours per week doing research.
 That within a year after a lecturer was appointed he should publish at least one article
of approximately 20 pages in an accredited scientific journal.
76
Shortly after this report was published the first administrative staff member for the
Faculty was appointed. A law library was created in the Faculty and was used for many
years until the use of electronic sources made this largely redundant.
In 1990 the Faculty completed a large research project on unfair terms of contract.
This was undertaken for the South African Law Commission. Prof CFC van der Walt
headed this project, which took five years to complete. A team of 35 researchers
worked on it and published more than 30 articles in scientific journals on this subject.
77
The Research Unit,
Development in the South African Constitutional State
, was
recognised as a Focus Area by the University in 1998 and upgraded to become a
Research Unit in 2007.
78
Initially both the research programme and the postgraduate programme were
managed by the director of the Research Unit. In 2011 a Director: Postgraduate
76
PU vir CHO 1980
Notule van die Vergadering van die Fakulteit Regte
84.
77
Tempelhoff "Navorsing aan die PUK" 178.
78
Faculty of Law
Potchefstroom Campus Research Unit
5
.

HS GOUWS PER / PELJ 2015(18)5
1273
Education was appointed to manage the postgraduate programme. The first director
of the focus area was Prof Francois Venter, who was succeeded by Prof Willemien du
Plessis in 2001, who still is the director of the research unit.
12. Lecture series spread the word
As the Faculty's contribution towards the University's centenary celebrations in 1969
a lecture series named in honour of the first lecturer in law subjects at the University,
Prof LJ du Plessis, was instituted.
79
The first guest speaker in this series was Prof (Mrs)
AL Conradie from the University of Natal.
80
During the Faculty meeting of 9 October 1975 the motion, to institute a lecture series
for faculty members, was enthusiastically approved. Basic guidelines for the
conducting of the series were immediately discussed and approved.
81
In 1981 it was
decided to name this lecture series after the first Dean, Prof HL Swanepoel.
After the HL Swanepoel lecture series was established, it was decided that guest
speakers from outside the University would lecture in the LJ du Plessis lecture series
and Faculty members in the HL Swanepoel series. The last time the LJ du Plessis
lecture series was mentioned in the minutes of the Faculty meetings was in 1985.
82
By 2005 the HL Swanepoel lecture series was reserved for guest speakers and at the
same time a lecture series for Faculty members, the "Mini-Swanies", was established.
Nobel Prize winner and alumnus of the Faculty, Mr FW de Klerk, was honoured in 2002
by naming a lecture series after him. He presented the first lecture in the series and
was also the guest speaker at the seventh lecture in 2008. Other guest lecturers in
the series included Judge Dikgang Moseneke, Judge Louis Harms, Judge Kate
O'Regan, Adv Jan Henning, Adv Paul Hoffman and Judge Deon van Zyl.
83
79
Henning
Voordragreeks LJ du Plessis
.
80
Anon 1968
PU-Kaner
4.
81
PU vir CHO 1975
Notule van die Vergadering van die Fakulteit Regte
2.
82
PU vir CHO 1985
Notule van die Vergadering van die Fakulteit Regte
3.
83
NWU 2008 http://www.nwu.ac.za/content/fw-de-klerk-speaks-puk-about-future-perspective.

HS GOUWS PER / PELJ 2015(18)5
1274
13 Publish or perish
Since the earliest times it has been one of the aspirations of the Faculty to have its
own publication. For many years the publication of an own law journal was discussed
at Faculty meetings, but in spite of detailed planning this idea was scrapped in 1978
due to the unaffordability of the printing costs.
84
Three years later it was decided to publish in one volume the papers presented during
a year in the HL Swanepoel lecture series. In the same year, 1981, the first volume
was published.
85
The last volume appeared in 1993, and in 1994 the Faculty decided
to discontinue the publication due to high printing costs. It was decided that the
lecture series would continue and that the presenters of papers should endeavour to
have them published in other journals.
86
84
PU vir CHO 1978
Notule van die Vergadering van die Fakulteit Regte
1.
85
Fakulteit Regte
HL Swanepoel-lesings
.
86
PU vir CHO 1994
Notule van die Vergadering van die Fakulteit Regte
4.
Photo 5: Former state president, FW
de Klerk, is an alumnus of the Law
Faculty. He completed the LLB in
1958
cum laude
. He was awarded an
honorary doctorate in 1990 and in
1991 became Chancellor of the PU
for CHE. A lecture series named after
him was instituted in the Faculty in
2002. (Photo: NWU Archives
Potchefstroom Campus)

HS GOUWS PER / PELJ 2015(18)5
1275
14
PER
is the first South African electronic law journal
One of the success stories of the Faculty is the publication
PER,
which is the acronym
for "Potchefstroom Elektroniese Regsjoernaal". This law journal was the first to be
electronically published in South Africa.
PER
was the brain child of Prof Francois Venter, a previous Dean of the Faculty, and
he was the first editor. One of the advantages of an electronic publication, according
to Prof Venter, was that there were no printing costs. Another advantage is the global
availability. "It presented the opportunity to send the research output of the Faculty
into the world, not only to a few local readers or libraries," said Prof Venter.
87
Initially only contributions from Faculty members were published, but slowly
PER
attracted more interest.
After Prof Christa Rautenbach was appointed as executive editor in 2002, she
endeavoured to have
PER
accredited. Prof Rautenbach was co-editor with Prof Venter
from 2006 to 2011 and became editor-in-chief in 2012.
In 2003
PER
was accredited with the International Bibliography of the Social Sciences
(IBSS). The IBSS is one of the lists acknowledged by the Department of Education for
accreditation. The data bases that
PER
is accredited with are Heinonline, SA
EPublications, Sabinet Open Access, Sabinet, African Journals, SAFLII, Open Access
Journals, Scielo, SSRN, Boloka and AJOL.
The SSRN (Social Science Research Network) shows that
PER
articles were
downloaded 12 461 times from 2009 to 2014. The Scielo.org data base shows that 13
919 articles were requested between 2009 and 2014.
PER
is accounted within the top
ten South-African journals (out of 51 journals) and the number one law journal on this
data base. The international stature of
PER
is also growing. Currently
PER
is fifth on
the data base of the Washington & Lee University School of Law.
88
87
Venter 2015 [Personal Interview].
88
Rautenbach
PER
[e-mail].

HS GOUWS PER / PELJ 2015(18)5
1276
15 Deans and early lecturers of the Faculty
Since its inception the Faculty of Law has been led by eight Deans. They are Prof HL
Swanepoel (1965-1971), Prof JD van der Vyver (1972-1974), Prof HN Pretorius (1975-
1980), Prof WE Scott (1981-1986), Prof CR de Beer (1987-1992), Prof I Vorster (1992-
2000), Prof Francois Venter (2001-2012) and Prof Nicola Smit (2013-).
Including the first lecturer in law subjects, Prof LJ du Plessis, and the first Dean, Prof
HL Swanepoel, the Faculty has over the years had the privilege to house some of the
brightest academic minds in South Africa.
15.1 Second Dean, Prof JD van der Vyver
Johan David van der Vyver (1934-) is widely regarded as one of the most influential
academics that ever joined the ranks of the Faculty.
Koers
89
described him as
89
Vorster, Du Plessis and Reinecke 1999
Koers
127; Van der Schyff
Sages en Legendes
156; Van
Eeden "Stem van Potchefstroom" 486.
Photo 7: During the
celebrations of the Faculty's
twenty-fifth anniversary this
photo of the Deans was taken
with its most illustrious
alumnus, Mr FW de Klerk
(center). The Deans are Profs
Willem Scott (1981-1986),
Johan van der Vyver (1972-
1974), Nic Pretorius (1975-
1980) and Chris de Beer
(1987-1992).
(Photo: NWU Archives
Potchefstroom Campus)
Photo 6:
PER (Potchefstroom Elektroniese
Regsjoernaal)
is the first electronic law journal to be
published in South Africa. The first editor was Prof
Francois Venter. Prof Christa Rautenbach became
editor-in-chief in 2012. The SSRN (Social Science
Research Network) shows that 12 461 articles from
PER
were downloaded between 2009 and 2014.
(Photo: Faculty of Law)

HS GOUWS PER / PELJ 2015(18)5
1277
"amongst the greatest" of the "voices" that ever came forth from Potchefstroom, these
"voices" being those of influence exercised in certain areas from a Christian and
specifically Calvinist viewpoint.
Van der Vyver obtained a LLB degree in 1956 from the PU for CHE and became a part-
time lecturer in 1958. He was appointed as professor in 1969 and was Dean of the
Faculty from 1972 to 1974.
90
Nowadays, in the "new South Africa", which is a Constitutional State with a Human
Rights Charter, words like "human rights" and fundamental rights are almost
fashionable. In view of this,
Koers
91
wrote that it could easily be forgotten that
previously there were people who, at a huge loss of personal popularity in their own
circles, reflected on, researched and propagated such principles. To do so was seen
in certain circles in South Africa as high treason.
Van der Vyver was one of the heralds of fundamental rights in South Africa, and the
first South African academic and Afrikaner academic that thoroughly researched the
concept of human rights. Van der Schyff
92
says that Van der Vyver's increasing critique
of the South-African judicial system and the government in their implementation of
the apartheid policy, as well as his internal critique against the PU for CHE for what
he regarded as academic censorship, brought him into conflict with the management
of the University. He resigned at the end of 1978 and was appointed at the University
of the Witwatersrand. It was not his choice to leave Potchefstroom.
93
In 1995 he was appointed as IT Cohen Professor of International Law and Human
Rights at the Emory University in Atlanta, USA, a position he still holds. The same year
the PU for CHE awarded him its prestigious Alumni Address.
94
By 2003 he was awarded an honorary doctorate by the PU for CHE. According to the
citation in the programme of the ceremony,
95
his list of publications is "overwhelmingly
90
Van der Vyver
Fakulteit Regte 50 Jaar
[e-mail].
91
Vorster, Du Plessis and Reinecke 1999
Koers
127.
92
Van der Schyff
Sages en Legendes
156.
93
Van der Vyver
Fakulteit Regte 50 Jaar
[e-mail].
94
PU vir CHO
PUK-Alumni Oorkonde.
95
PU vir CHO
Gradeplegtigheid Mei 2003
6.

HS GOUWS PER / PELJ 2015(18)5
1278
long, diverse and profound". His most important contribution to South African
jurisprudence is his early publications on human rights. The thesis for his doctoral
degree is regarded as the most important of these contributions and can be regarded
as a milestone in the history of jurisprudence in South Africa.
96
He also received an honorary doctorate from the University of Zululand in 1993. He
was awarded the Toon van den Heever prize from the South African Academy for
Science and Art in 1978 for his book
Die beskerming van menseregte in Suid-Afrika
(The protection of Human Rights in South Africa).
97
15.2 Third Dean, Prof HN Pretorius
Prof HN (Nic) Pretorius (1938-2012) served as the Dean of the Faculty from 1975 to
1980. Like his predecessor, he also received the Toon van der Heever Prize. This was
in 1987, for his book
Burgerlike Prosesreg in Landdroshowe.
98
After his tenure as Dean he played an important role in the permanent establishment
of the Law Clinic.
99
In 1989 he was appointed as the convenor of a committee to
launch a body to unite legal aid institutions in South Africa. He was subsequently
elected as president of the Society of Legal Aid Institutions.
100
Shortly afterwards he was appointed as a member of the Legal Aid Board and resigned
from the PU for CHE.
15.3 Fourth Dean, Prof WE Scott
Prof WE (Willem) Scott (1945-2002) was Dean from 1981 to 1986. At the age of 36
he was the youngest person to be appointed in this post. Like all his predecessors
except for Prof Swanepoel, Prof Scott had acquired his undergraduate education at
the PU for CHE. He had also received his doctoral degree
cum laude
in 1975. He was
the only dean who, as an undergraduate student, had been the captain of the first
96
PU vir CHO
Gradeplegtigheid Mei 2003
6.
97
PU vir CHO
Gradeplegtigheid Mei 2003
6.
98
Anon 1987
Potchefstroom Herald
6.
99
Anon
Curriculum Vitae: Henning Nicolaas Pretorius.
100
Beukman
Prof Nic Pretorius
[e-mail]; Anon 1988b
PU-Kaner
46.

HS GOUWS PER / PELJ 2015(18)5
1279
rugby team of the PU for CHE. In the first year of his captaincy the PU won the
intervarsity against the Kovsies 8 -3. He also played for the Western Transvaal under
20 team. He joined the staff of the Faculty as a
locum tenens
in 1969, was appointed
as a professor in 1978 and became Vice Dean in 1980. He was appointed as Registrar
of the PU for CHE in November 1986. Prior to his death in 2002 he was the Vice Rector:
Academic for five years.
101
He died at the age of 57 on 2 February 2002 after suffering
a heart attack while playing golf with Dr Theuns Eloff and Prof Dries du Plooy. In his
obituary in
Die Wapad
he is described as a true ambassador for the University.
102
15.4 Fifth Dean, Prof CR de Beer
Prof Chris de Beer was Dean from 1987 to 1992. He is an alumnus of the Faculty and
was awarded his LLB
cum laude
in 1971 and subsequently received a prize from the
Law Society of Transvaal for exceptional distinction. He was head of the department
of Commercial Law before he became Dean. He became Registrar of the University of
Pretoria in 1993.
103
15.5 Sixth Dean, Prof Ig Vorster
Prof Ig Vorster (1940-2015) was Dean from 1993 to 2000. He completed his
undergraduate studies before the founding of Faculty and was one of the last
connections the Faculty had with the era before its founding. However, Prof Vorster
passed away on 6 May 2015 shortly before the celebration of the half centenary of
the Faculty.
104
101
Anon 1987
PU-Kaner
13.
102
Du Plessis 2002
Wapad
1.
103
Louw
Regsman word UP se Registrateur
.
104
Cilliers Potchefstroom
Herald
2.

HS GOUWS PER / PELJ 2015(18)5
1280
)
He obtained the LLB in 1963, one of a class of four students. He joined the Faculty in
1974 after being a part-time lecturer at the Vaal River Campus of the PU for CHE, and
was appointed as professor in 1986.
105
Prof Vorster was one of the much loved deans of the Faculty. Many of the students
who studied under him in the Faculty commented on the message announcing his
death on Facebook. Prof Stef Coetzee said that he was a real gentleman and very
witty.
Dr Theuns Eloff, former Vice-chancellor of the NWU, paid tribute to him during his
funeral service and said Prof Ig had a wonderful sense of humour which ran like a
golden thread through his whole life. He said Prof Ig often "stole" about 10 minutes
of the allotted exam time, since the students first had to finish laughing at the funny
names of the fictional characters he created in many questions.
106
After his retirement in 2000 he was appointed in a part-time capacity as legal advisor
in the Institutional Office of the NWU. Since then this post has developed into a
department with six legal advisors.
107
105
Anon
Curriculum Vitae: I Vorster
106
Gouws
Fakulteit Regte 50 Jaar.
107
Vorster 2015 [Personal Interview].
Photo 8: Prof Ig Vorster was Dean of
the Law Faculty from 1995 to 2000.
He was one of the much loved Deans
and noted for his humour. Prof
Vorster passed away in May 2015.
This photograph appeared with his
obituary in the
Potchefstroom Herald
and was taken in Florence when he
recently toured in Europe. (Photo:
Potchefstroom Herald

HS GOUWS PER / PELJ 2015(18)5
1281
15.6 Seventh Dean, Prof Francois Venter
Prof Francois Venter was Dean of the Faculty from 2000 to 2012. As the longest
serving Dean of the Faculty he had to lead it through times of great change during
the period when the PU for CHE amalgamated with the University of North-West to
become the North-West University. Prof Venter obtained the BJur et Comm (1968),
LLB (1970) and LLD (1978) at the PU for CHE. He was Vice Dean from 1987 to 1989.
During the CODESA (Convention for a Democratic South Africa) in 1991 and 1992 he
was an advisor to the delegation of the South African government. He was seconded
by the PU for CHE to the Constitutional Development Service as Chief Director:
Planning (from September 1990 to June 1993).
Later, at the multi-party discussions at Kempton Park from May to December 1994,
he was convener of the technical committee on Constitutional Matters.
After he retired as Dean in 2012 he was appointed as Research Fellow in the Faculty.
108
108
Venter 2015 [Personal Interview].
Photo 9: Prof Francois Venter
was the longest serving Dean of
the Law Faculty, being Dean
from 2001 to 2012. (Photo: Law
Faculty)

HS GOUWS PER / PELJ 2015(18)5
1282
15.7 Eighth Dean, Prof Nicola Smit
When Prof Nicola Smit was appointed as the eighth Dean of the Faculty in 2013, she
became the first woman in this post. She is also the first Dean who does not have any
qualification obtained from the NWU or its predecessor, the PU for CHE.
Prof Nicola Smit previously was the Vice Dean at the University of Johannesburg (UJ)
and completed her undergraduate studies at the University of Pretoria and at UJ.
109
She completed all her undergraduate studies
cum laude
. She received the Prestige
Bursary for Doctoral Research Abroad from the HSRC (the Human Science Research
Council), now known as the NRF.
110
16 Honorary doctoral degrees
Since the founding of the Faculty, honorary doctorates in Law have been conferred on
BJ Vorster (1969), J van Wyk de Vries (1969), FLH Rumpff (1980), VG Hiemstra
(1985), FW de Klerk (1990), J Th de Smidt (2001), JD van der Vyver (2003), W van
Genugten (2012) and M Weiss (2015).
109
Faculty of Law
Regte Law@NWU-Puk
[electronic newsletter]
.
110
NWU 2013 http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-fl/cvs/2013/summarised
%20cv%20nsmit%20.pdf.
Photo 10: Prof Nicola Smit was
appointed as Dean in 2013. She is the
first woman to become Dean. Prof
Smit obtained an LLB cum laude from
the University of Pretoria and the LLD
from the Randse Afrikaanse
Universiteit (currently University of
Johannesburg). She was Vice Dean at
the University of Johannesburg before
she was appointed at the NWU
Potchefstroom Campus. (Photo: Law
Faculty)

HS GOUWS PER / PELJ 2015(18)5
1283
17 The Law Clinic – voice to the mute
In the 34 years of its existence the Law Clinic of the Faculty has made justice
accessible not only to the community of Potchefstroom and the Northwest Province,
as its services reach as far as Mpumalanga. The heading of an article published in an
advertising supplement in the
Mail & Guardian,
"A voice to the mute",
encapsulates
the work done by the Law Clinic.
111
Legal aid to the public was first provided in 1981
112
by a handful of law students of
the Faculty, more specifically to the people of Promosa, a community founded in 1959
to accommodate coloured people.
113
Students provided the legal aid voluntarily until
the first permanent lawyer, Mr TJ Naudé, was appointed in 1988. He resigned at the
end of April 1989.
114
In 1990 the current director of the Law Clinic, Mr Schalk Meyer, was permanently
appointed as a full-time lawyer.
115
In 1993 a Centre for Community Law was founded
as an umbrella body, not only providing legal aid but also conducting a Street Law
programme. According to Mr Meyer the purpose of the Street Law programme was to
empower previously disadvantaged communities by teaching them about their legal
rights. Voter education was brought to communities in the Western Transvaal through
this programme, which was conducted by undergraduate students of the Faculty but
was later phased out, as it was found that the programme had served its purpose and
that conducting the programme was not really conducive to preparing the students
for a career in law.
116
111
Anon
Mail & Guardian
4.
112
PU vir CHO 1981a 2.
113
Prinsloo
Potchefstroom 150
104.
114
Anon
Kampusnuus
1988 1.
115
Marais
Langdienstoekennings Fakulteit Regte
[e-mail].
116
Meyer 2015 [Personal Interview].

HS GOUWS PER / PELJ 2015(18)5
1284
From its inception the purpose of the Law Clinic was seen as providing a community
service while primarily giving students the opportunity to develop practical skills.
117
Volunteering for work in the Law Clinic became an optional course in the LLB
curriculum in 1985, and five students assisted Prof Nic Pretorius that year.
118
Later
work in the Clinic became compulsory for all LLB students.
In 1993 a law clinic was opened in Vereeniging. Clinics in Witbank, Middelburg,
Nelspruit, Ermelo and Klerksdorp followed. Later the clinic in Klerksdorp was
transferred to Legal Aid SA.
The Law Clinic, then known as the Centre for Community Law, launched the North-
West Land Legal Cluster in co-operation with the Rural Legal Trust in 2001. This is
currently been operated as the "Access to Justice Cluster" and has also expanded to
Mpumalanga.
The objective of "Access to Justice Clusters" is to improve access to legal assistance
in poor and rural communities. It entails lawyers from the Law Clinic visiting paralegal
advice centres in rural communities to assist paralegals in advising people from the
local community. The Potchefstroom Law Clinic serves eight paralegal advice offices,
namely Leeudoringstad, Wolmaransstad, Orkney, Jouberton, Lethabong, Bojanala,
Makwassie and Ventersdorp.
119
117
PU vir CHO 1973
Notule van die Vergadering van die Fakulteit Regte
1.
118
PU vir CHO 1984
Notule van die Vergadering van die Fakulteit Regte
4.
119
NWU Potchefstroom Campus Law Clinic
Annual Report 2014
16.
Photo 11: Mr Schalk Meyer was
appointed as a full-time lawyer
at the Law Clinic in 1990. He is
currently the Director of the
Law Clinic. During his tenure
the Law Clinic has extended its
services to reach as far as
Mpumalanga.
(Photo: Law Faculty)

HS GOUWS PER / PELJ 2015(18)5
1285
The Child Justice Unit (CJU) operates under the auspices of the Law Clinic. The CJU
was founded in 1993 as part of a co-operation agreement between the PU for CHE
and the University of Pretoria (UP) with the purpose of promoting justice for children.
According to the agreement UP, would focus on research and the PU for CHE on the
practical delivery.
120
In order to provide the children of Potchefstroom the means of reaching out for help
at all hours, Childline was established in 2000. This telephone line is available 24 hours
per day. The Law Clinic was involved with Childline until 2004. The CJU, however, still
serves to protect and promote children's rights by means amongst others of "research,
legal services to children, providing training to the community with a focus on
children's rights, and educating and/or training human rights victims, workers and
defenders".
121
The Faculty of Law and the Law Clinic also host the School for Legal Practice for the
North-West Province in association with the Law Society of South Africa.
Students who complete the school programme successfully receive a one-year
reduction from their articles and may write the Attorneys Admission Examination
immediately after completion of the programme.
The School for Legal Practice was founded in 2003. Twenty seven students were
enrolled in the programme in 2014.
122
120
Robinson 2015 [Personal interview].
121
NWU Potchefstroom Campus Law Clinic
Annual Report 2014
12.
122
NWU Potchefstroom Campus Law Clinic
Annual Report 2014
24.

HS GOUWS PER / PELJ 2015(18)5
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18 Moot courts and mock trials
Moot courts have been held at the NWU since the earliest times. In the 1960's the
Law Society (SRVP) had their own float in the yearly "Vreugdedag" (Day of Joy)
procession, on which a moot court took place as the float passed through the
streets.
123
A moot court was also an item in the various intervarsities held between the PU for
CHE and other universities, but they have evolved from pure entertainment to serious
competitions. Over the years students from the Faculty have shown their mettle in
moot courts and mock trails.
A team from the PU for CHE participated in the first ever All Africa Human Rights Moot
Court competition that was held in 1992 in Harare, Zimbabwe.
124
Twenty years later,
in 2012, the team of the PU for CHE, Chiara van Ingen and Melinda Kruger, won the
English category of the competition in Maputo, Mozambique. The team was coached
by Me Chantelle Feldhaus.
125
A team from the Faculty represented South Africa in the USA in 2003 in the Jessup
Moot Court Competition. The team consisted of Tania Steenkamp, Karin Strydom,
123
De Villiers 1964
Besembos
123.
124
PU vir CHO 1992
Notule van die Vergadering van die Fakulteit Regte
1.
125
Anon
Regte Law@NWU-Puk
[electronic newsletter]
Photo 12: When Melinda Kruger (left)
and Chiara van Ingen (right) won the
All Africa Human Rights Moot Court
competition in Mozambique in 2012
they were the first students from
Potchefstroom to do so. The PU for
CHE first participated in this moot
court competition in its inaugural
year, 1992. Ms Kruger and Ms van
Ingen were coached by Ms Chantelle
Feldhaus (center).
(Photo: Law Faculty)

HS GOUWS PER / PELJ 2015(18)5
1287
Marthie Smit and Michel Koekemoer. They were coached by Ms Tharien van der Walt
and the then Mr Stephen de la Harpe.
126
Out of the 481 teams that participated in the
competition, the team was placed 22
nd.
It is in the LexisNexis Mock Trial competition, however, that the NWU-PUK has shown
that it is the best in the country. The University participated in this competition for the
first time in 2008. Since 2009 the NWU-Pukke has won the competition every year,
that being six years in a row. In 2014 the competition was held at the NMMU (Nelson
Mandela Metropolitan University) and 22 teams took part in the competition, which is
held on a knock-out basis.
127
19 Student law societies
The oldest student law society at the NWU, to which all law students belong, was
founded in the early 1960's.
128
By the early 1970's the name by which it is still known,
SRVP (Studente Regsvereniging Potchefstroom) had been coined.
Apart from organising the social aspect of student life in the Faculty, the SRVP also
assists the Faculty in receiving first-year students and aiding them to make the
transition from school to university.
Since 1987 the SRVP has published its own newsletter,
Ex Jure.
The other society for law students is a student branch of the Black Lawyers
Association.
20 Illustrious alumni
The Faculty is immensely proud of the achievements of its alumni. Various alumni
have been appointed as judges. Others have played important roles as senior jurists
in the organised legal profession, government and the private sector. Various
126
Abourizk
Die Wapad
2.
127
Meyer 2015 [Personal Interview].
128
De Villiers 1964
Besembos
123.

HS GOUWS PER / PELJ 2015(18)5
1288
prominent politicians, including Mr FW de Klerk, the former state president, and
various ministers have received their education at the Faculty.
129
Numerous alumni of the Faculty are also lecturers in other law faculties in the country
and overseas.
21 Conclusion
At the dawn of the new South Africa in 1991, De Beer
130
wrote that the changes in
the country were presenting exciting challenges to the South African law community.
The Faculty not only acknowledged these challenges but was prepared and equipped
to work with commitment on developing the ideals of the new South Africa.
Looking back on the history of the Faculty, especially on the past 25 years, it can be
concluded that not only has the Faculty contributed largely to the creation of South
Africa as a constitutional state, but it constantly strives for cutting-edge undergraduate
education and postgraduate excellence, whilst its research is focussed on finding
solutions for the challenges of the future.
129
De Beer 1991
THRHR
344.
130
De Beer 1991
THRHR
348.

HS GOUWS PER / PELJ 2015(18)5
1289
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Potchefstroom Campus 1979)

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PU vir CHO 1979
Notule van die Vergadering van die Fakulteit Regte
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1979
(Fakulteitsraad Regte Notules 27-2-74 – 3-12-79, NWU Archives
Potchefstroom Campus 1979)
PU vir CHO 1980
Notule van die Vergadering van die Fakulteit Regte
PU vir CHO
Notule van die Vergadering van die Fakulteit Regte op 8 Mei 1980
(Fakulteitsraad Regte Notules 13-2-80 – 30-9-81, NWU Archives Potchefstroom
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PU vir CHO 1981a
Notule van die Vergadering van die Fakulteit Regte
PU vir CHO
Notule van die Vergadering van die Fakulteit Regte op 12 Augustus
1981
(Notules van die Fakulteit Regte van die PU vir CHO 3-2-80 – 30-9-81,
NWU Archives Potchefstroom Campus 1981)
PU vir CHO 1981b
Notule van die Vergadering van die Fakulteit Regte
PU vir CHO
Notule van die Vergadering van die Fakulteit Regte op 30 September
1981
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NWU Archives Potchefstroom Campus 1981)
PU vir CHO 1984
Notule van die Vergadering van die Fakulteit Regte
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1984
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September 1984, NWU Archives Potchefstroom Campus 1984)
PU vir CHO 1985
Notule van die Vergadering van die Fakulteit Regte
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1985
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Regte Law@NWU-Puk
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[electronic newsletter]
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Regte Law@NWU-Puk
[electronic newsletter]
Faculty of Law "Welkom prof Nicola Smit!"
Regte Law @ NWU-Puk
(December
2013)
[electronic newsletter]
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Prof Nic Pretorius
[e-mail]
Beukman G
Prof Nic Pretorius
[e-mail] 2 June 2015

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LLM in Estate Planning
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LLM in Estate Planning
[e-mail] 24 March 2015
De la Harpe
LLM in Import and Export Law
[e-mail]
De la Harpe S
LLM in Import and Export Law
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De la Harpe
LLM in Environmental Law and Governance Law
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LLM in Environmental Law and Governance
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De la Harpe
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LLM in Comparative Child Law
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De la Harpe
LLM in Labour Law
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LLM in Labour Law
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De la Harpe
Postgraduate Student Numbers
[e-mail]
De la Harpe S
Postgraduate Student Numbers
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Elias
Untitled
[e-mail]
Elias AM
Untitled
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Faculty of Law
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Faculty of Law "Climate Law and Governance – A South African First"
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Deelneming Overlijden Prof Ig Vorster
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Lawson R 2015
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Crous H 2015
Alumni of the Faculty of Law, NWU Potchefstroom Campus
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Du Plessis W 2015
Research at the Faculty of Law, NWU Potchefstroom Campus
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Meyer S
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Robinson R
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Smit 2015 [Personal Interview]
Smit N 2015
The Law Faculty of the NWU Potchefstroom Campus
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Stander L 2015
The Faculty of Law
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Potchefstroom
Venter 2015 [Personal Interview]
Venter F 2015
History of the Faculty of Law
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Potchefstroom
Vorster 2015 [Personal Interview]
Vorster I 2015
The Faculty of Law
[Personal Interview] 24 March 2015
Potchefstroom
LIST OF ABBREVIATIONS
BA
Baccalaureus Artium
CJU
Child Justice Unit
CODESA
Convention for a Democratic South Africa
HSRC
Human Science Research Council)
IBSS
International Bibliography of the Social Sciences
LLB
Baccalaureus Legum (Bachelor of Laws)
LLD
Doctor Legum (Doctor of Laws)
LLM
Magister Legum (Master of Laws)
NMMU
Nelson Mandela Metropolitan University
NRF
National Research Foundation
NWU-PUK
North-West University Potchefstroom campus
NWU-Pukke
Students from the North-West University
Potchefstroom Campus
PER
Potchefstroom Elektroniese Regsjoernaal
PU for CHE / PU vir CHO
Potchefstroom University for Christian Higher
Education

HS GOUWS PER / PELJ 2015(18)5
1300
PUC / PUK
Potchefstroom University College
SADC
Southern African Development Community
SRVP
Studente Regsvereniging Potchefstroom (Student
Law Society Potchefstroom)
SSRN
Social Science Research Network
THRHR
Tydskrif vir die Hedendaagse Romeins-Hollandse
Reg
UNISA
University of South Africa
UP
University of Pretoria