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Newsletter Archive
The OSALL newsletter is published quarterly.
The newsletter editor is Sharon Pather-Nagy - please contact her
if you would like to contribute to the newsletter Tel:
(011) 286-6900 or e-mail your contributions / suggestions at sharonpathernagy@eversheds.co.za
Feb/March 2008 Newsletter
Nov/Dec 2007 Newsletter
Extracts from Aug 2005 OSALL Newsletter
View Diana Riley's article from her 2005 AGM presentation
entitled:
The provision of
information services to attorneys
Diana Riley, Bowman Gilfillan, Cape Town
As published in OSALL newsletter Vol 16 No 3, August
2005
View Lydia Craemer's Report on her sponsored visit
to BIALL 2005 conference:
Gateways, Gatekeepers
and Gatecrashers – BIALL conference, Harrogate, 9-12 June 2005
Lydia Craemer, Moodie & Robertson
As published in OSALL newsletter Vol 16 No 3, August
2005
Extract from the newsletter: vol 15(1) Feb 2004
Free access to primary legal documents in Southern Africa, with special emphasis on SAFLII as a practical way to achieve this.
By John Montgomery, Director - Legal Information, Wits Law School
Brief history of Legal Information Institutes
A LII (Legal Information Institute) is a term coined by Cornell Law School when it pioneered the move to provide court judgments on their website, http://www.law.cornell.edu
Their philosophy is that primary legal documentation such as judgments, legislation and law reform documents should be in the public domain and freely downloadable. The endeavour should be non-profit making. Vendors are welcome to add value to the documents at a cost, but that would be beyond the scope of a LII.
The first group to copy this concept was in Australia which gave rise to Austlii (www.austlii.edu.au). Certain dedicated employees at two universities in Sydney wrote the software using Open Source. They have generously allowed other parts of the world to use their software and LIIs have now been established in Hong Kong, the Pacific Islands, the UK, and the most recent addition in southern Africa, Saflii (www.saflii.org). Canada took Austlii’s idea and have programmed in a more sophisticated way for English - and French-speaking Canada and recently for Francophone countries in Africa.
Development of Saflii
Saflii is intended for all southern African countries forming SADC. At present it has all the primary legal documents gathered by the Wits Law School over the years: all the Constitutional Court cases, the Supreme Court of Appeal cases from 1995, all the Land Claims Court judgments (acknowledging gaps) and SA Law Reform Commission documents. A test was also done to prove that legislation can also go up with ease. In addition, there is a southern African link on Worldii (ww.wordlii.org) which houses all relevant legal links for the area.
Although the initiative and initial work was done by Wits Law School, we now have a more independent platform upon which to add other primary documents. It is a relative easy matter to create databases for other jurisdictions. For example, Rhodes have indicated that they would like to put the Eastern Cape decisions onto Saflii. I encourage anyone who thinks they have contacts in other jurisdictions to try and set up databases on Saflii.
Ongoing sustainability of Saflii
The Wits Law School collection was gathered faithfully over the years by dedicated Law School staff and on a shoestring budget. However, this is not a sustainable model. Now that Saflii has been established, we need to consider the following issues:
Management of the site – a steering committee
Funding – which model?
Medium-neutral citation.
Staffing – volunteers, a full-time position?
Adding additional databases.
How to handle legislation. There is no free access to SA legislation.
Finally
About a decade ago many viewed the LIIs as valuable but not really viable. Today Cornell is as strong as ever, Canada have an excellent funding model based on taxing attorneys a small percentage, Australian judges are using Austlii’s medium-neutral citations, and the number of embryonic LIIs is growing, New Zealand for example. It seems as if the critical mass has been reached and LIIs are now a force to be reckoned with. My sincere wish is that Saflii be part of this.
Extract from the newsletter: (Editorial)
vol 14(3) Aug 2003
Human Genome Project
Summary of presentation by Professor Emeritus Trefor Jenkins
Prof. Jenkins introduced himself as well as the two librarians who accompanied him. OSALL members were impressed to finally meet a speaker who sees the wisdom of traveling with his librarians.
Prof. Jenkins gave a historical overview of genetics, stating that it was 50 years (1953) since the discovery by Watson and Crick of the 3-dimensional structure of the DNA molecule, which is a double helix.
He explained how the pairing of nucleotides determines the genetic code and allows for sequencing. Although genes have a simple structure, the information contained in them is enormous.
The genome is the sum total of genetic material in all nucleated cells in our bodies. Half originates from the father and the other half from the mother.
The Human Genome Project was launched in 1990 by J Watson in America, and completed this year. One of the original aims of the project was to determine the sequence of nucleotides in the DNA. There are hundreds of thousands of genes, and Watson said that the future was determined not by the stars, but by our genes. Prof. Jenkins did not necessarily agree with what he called biological determinism.
In discussing genetic information and the future, he predicted that we could reach the stage where we carry our genetic codes on CD-ROM.
There are many ethical, legal and social issues that will be affected if our genetic strengths/weaknesses could be determined, including the right to privacy, implications for the family, implications for society, insurance, employment, and social discrimination. These are issues similar to the issues of HIV testing.
There are a host of potential liabilities that could face a doctor: for not disclosing the availability of a genetic test and for revealing a genetic risk/defect to a patient or to the patient's family. Society will need to decide what is acceptable. Genetic testing will for example pick up non-paternity immediately. Should the discovery of non-paternity give the "excluded" father a right to know? Should there be in vitro screening for incurable diseases, possibly not manifesting for 40 years? If so, do we tell the patient or other parties? Will unborn babies be terminated because they carry a genetic defect that may not manifest till later in life?
There are implications for employment - screening potential employees, entry to educational institutions, supplementing IQ tests.
There are numerous insurance problems with medical implications relevant to genetic testing, esp. life and health insurance.
In any event, discrimination will be serious, and we should first find solutions to issues such as racism and HIV, before we will be ready for genetic testing.
In terms of the ethics of genetic research, there are medical benefits versus commercial benefits. Possible fields of genetic research could include sexual orientation, intelligence, deafness and alcoholism. All of these could have unethical uses or discriminatory effects, depending on societal implications.
By 2010 there may be predictive testing for 10 common traits (of diseases) and there could be interventions to reduce risk. Gene therapy might be available. Even General Practitioners might practice some forms of genetic medicine. Access to genetic medicine has so far been inequitable in the world because of its affordability. There needs to be effective legislative solutions to genetic discrimination and privacy.
Since society needs to decide what science can or cannot do, it is vital that the public should be scientifically literate. The popular media should allocate more space to scientific articles and discussion.
Prof
Jenkins concluded by recommending Matt Ridley's book called "Nature
via Nurture, exploring the interactivity between the environment and genetics",
as well as the article: "The Humane Genome Project – does SA have
a role to play in it?" by Jenkins, T. South African Medical Journal,
80, Dec 1991, pg 536-538.
end