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28 November 2018 | Story Charlene Stanley
Law home read more
Back row, from the left: Prof Danie Brand (Director of the Free State Centre for Human Rights), workshop co-organiser Helen Carr (Kent University), and Ellen Maphalane (home owner) with workshop participants during a visit to Ms Maphalane’s home, an example of alternatively constructed housing in Bloemfontein.

The body of a sixty-year-old homeless man is discovered in a tent on the outskirts of Canterbury, Kent, UK. Cursory research reveals that he had been refused a place on the council’s housing register and that he was a former member of the British armed forces – a group that makes up close to a quarter of the ‘rough sleepers’ in London. This raises questions about the complex relationship of politics, campaigning, gender, and welfare in homelessness law, policy, and practice.

Jump across the Atlantic Ocean to Klapmuts, Western Cape, South Africa, where beneficiaries of an RDP housing project are benefiting from the shelter provided in the form of private home ownership. Yet, they are not using these assets to its full potential, e.g. as security for credit to start or expand a business. This raises questions about whether the less expensive route of providing public housing with tenure security would not be a better option.

International workshop on housing

Diverse issues such as these came up for discussion as planners, geographers, architects, art historians, social activists, and lawyers recently met during a workshop at the University of the Free State to discuss what a home constitutes, and how best to provide and protect homes in a sustainable and inclusive manner in 21st century cities. The workshop was hosted by the Free State Centre for Human Rights on the Bloemfontein Campus.

Participants presented papers and engaged in discussions on home-related topics as diverse as Hannah Arendt’s conception of the intimate and political spheres; Henri Lefebvre’s notion of a right to the city; alternative, environmentally conscious building methods; court cases dealing with the concept of home; the right to a domestic garden as a component of the right to a home; and constructing the home as a subversive and empowering alternative when it comes to giving birth.

Going forward

The same group of participants will meet for a follow-up workshop at Kent University in the UK in February 2019, and a third workshop in Belo Horizonte in Brazil in June 2019, with the project culminating in the publication of an inter-disciplinary book containing the papers workshopped at the three events.

News Archive

UFS presents colloquium on the law of delict
2008-03-06

 

The Faculty of Law at the University of the Free State (UFS) recently presented a unique debate on the law of delict on the Main Campus in Bloemfontein. The colloquium was attended by six current and two retired judges of the Supreme Court of Appeal, including Justice Craig Howie, President of the Supreme Court of Appeal, as well as two judges from the Free State provincial division. Twelve of the most prominent academics and authors on the law of delict from across the country, members of the Free State Bar, as well as staff from the faculty were present. Arguments centred on the element wrongfulness and how it should be determined as well as how it differs from fault and more specifically negligence. Unfortunately no unanimity about how judgments of the Supreme Court of Appeal on how this issue should be interpreted could be reached. Attendees however agreed that this was a useful debate that served to highlight the importance of this issue and they expressed their appreciation for the opportunity. As far as could be ascertained, this was the first time that a debate regarding the law of delict took place on this level. At the colloquium were, from the left: Prof. Johann Neethling (speaker at the colloquium and author on the law of delict, Unisa), Prof. Rita-Marié Jansen (Department of Private Law at the UFS and organiser of the colloquium), Prof. Johan Potgieter (author on the law delict, Unisa), Appeal Judge Craig Howie (President of the Supreme Court of Appeal), and Judge Mojalefa Rampai (Free State Provincial Division of the Supreme Court).
Photo: Supplied

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