Introduction | Internships | Cost
Implications | Application for Internships
| Dates for 2004 Internships |
DRAFTING INTERNSHIPS IN THE USA: 2004
1.1 General introduction
South Africa has a new Constitution, which took effect on 4 February 1997,
to serve the collective values, rights, and freedoms of a united though
diverse multilingual nation of 43 million citizens. To meet the government's
enlightened goals for bringing about democratic social, political, and
economic transformation for all its citizens, much new legislation is
necessary, and much of existing law needs revision and amendment at all
levels of government. Drafting such legislation is clearly a major priority
for the country.
A nation governed
by the rule of law has to have laws that are effective, requiring that
they be well researched, clearly written, and capable of translating broad
policy into detailed provisions and regulations that reflect the intent
of their policymakers. Those who draft legislation work in a very demanding
profession. It requires a broad knowledge of existing law, drafting for
compliance, conceptualizing policymakers' motivations, having the ability
to write highly technical language while understanding subtleties of form
and meaning, and taking long practice to produce transparent, implementable
legislation within a minimum of time.
In South Africa today,
people with such knowledge and training are in short supply and the demand
for them is great, at national, provincial, and local government levels.
To meet the demand, people in various government units are being called
upon to draft specific legislation without necessarily having the requisite
legal background or experience.
Earlier this year
the University of Pretoria (UP) and the University of Indiana, United
States of America have entered into a joint agreement (Legislative Drafting
Program for South Africa) to contribute towards the larger effort to build
a cadre of skilled legislative drafting professionals for South Africa,
in collaboration with South African partners (the Rand Afrikaans University
(RAU) and Justice College.
Drafting Program for South Africa (LDPSA) is a three-year multi-component
institutional development program, involving a partnership between Indiana
University and the University of Pretoria. This outcomes-based
program involves a combined effort by US and South African academic/professional
staff to train mid-level professionals over three years
in the South African context by:
- holding annual
in-service training seminars (in Pretoria); and
- sponsoring short-term
internships in the United States to enable a total of 12 South African
drafters to intern with state officials and attorneys who regularly
draft legislation at the state level.
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LDPSA has arranged for three internships with the Indiana Legislative
Services Agency (ILSA) and one with an Indianapolis law firm
with extensive ties to state government. These placements will enable
- to observe how
legislative agencies and private law firms function in relation to lawmakers;
- to learn, through
participation, mentoring and supervision, advanced drafting techniques
from US professionals with long experience in the field; and
- on how to set up
and organize effective drafting offices.
The goals of the programme
are to strengthen South Africa's emerging democracy,
assist in the empowerment of an important class of mid-level legal
drafters, and enhance technical skills development and
institution-building capacity for South African legislative drafters.
Ultimately the aims of the proposed internship are capacity-building,
collaboration and empowerment. The target group in South Africa
would be primarily be legislative drafters in the second level of government
(provincial legislatures), as well as subordinate (secondary) legislation.
In view of the location of the South African institutions involved, these
drafters would come from the Gauteng, Northern Cape and Mpumalanga provincial
legislatures, as well as officials involved in the drafting of subordinate
legislation. Experience has shown that these interns benefit more from
working with state-level agencies, which are more comparable in scope
to their countries, than with those at the federal level, corroborating
UP's request to train drafters working at the provincial level.
It is important to note that the South African conventions and principles
of legislative drafting will be adhered to during the internships. It
not the aim of the programme to convert South African drafters from the
Commonwealth-style of drafting to the American system, but rather to empower
the interns with basic drafting skills. Staff members from Indiana University
and the Indiana Legislative Services Agency have been furnished with copies
of the South African Constitution, textbooks on South African constitutional
law, as well Andrew Burger's Legislative drafting in South African (2002)
Juta. (Mr Burger's book deals with the South African style of legislative
drafting and is based on the ideas of Professors Crabbe and Thornton.)
IN OTHER WORDS, THE TRAINING OF SOUTH AFRICAN INTERNS WILL TAKE PLACE
WITHIN THE SOUTH AFRICAN CONSTITUTIONAL AND LEGAL FRAMEWORK.
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All the costs of the internship programme will be sponsored by
LDPSA: international travel to and from the USA; travel costs
within the USA; a daily allowance for board and lodging; a small book
allowance; visa applications and other incidentals. (Successful applicants
should have US$50 for emergency travel funds en route to the USA,
their daily allowance will only be paid once they arrive in the USA.)
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What do the applicants for the internships have to do?
must have a valid South African passport. If not, applicants
must immediately apply for a passport.
- Apply on the attached
application form. On the application form, they must discuss reasons
for seeking an internship and how it will benefit them professionally
and personally. Their government units must write references
and be prepared to give them one-month study leave.
- The applications
must reach Professor CJ Botha, Dept of Public Law, University of Pretoria
on or before 2 July 2004.
- The last step
in the process is a formal selection procedure during
the first half of July 2004 by a selection panel consisting of Professor
CJ Botha, head of the department of Public Law, UP; Professor EFJ Malherbe,
department of Public Law, Rand Afrikaans University (RAU); Ms Jakkie
Wessels, Justice College, Pretoria; and Ms Gill Jacot Guillarmod, senior
programme manager, Centre for Human Rights, UP.
(Professors Botha and Malherbe teach certificate courses in legislative
drafting at UP and RAU). PLEASE NOTE: Applicants must be prepared
to travel to Pretoria for an interview with the selection panel.
- Finalists' files
must be submitted to the Public Affairs Section of the American Embassy,
Pretoria, for final travel approval to the USA. Indiana
University will send advance documents on general traveling information,
orientation materials, and descriptions of the internships.
- Internship placements,
travel and lodging, and arrival orientation in the USA will be administered
by Indiana University's program coordinator, in consultation with UP.
An important feature of the one-month internships in Indianapolis is
accommodation with a host family in the area. Home stays
enable interns to gain a much greater appreciation of American life
and culture and to have a broad range of cultural, political, and personal
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Dates for 2004 internships
- 4 October: Interns
leave Johannesburg to travel to Indiana. On arrival, they
will be picked up, get orientation packets (including funds), and be
taken to respective "home stay" accommodations in Indianapolis
(the state capital of Indiana, USA).
- 6 - 31 October:
Internships start at Indiana Legislative Services Agency, Indianapolis,
- 1 November: Interns
return to SA.
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Drafting Program for South Africa Internship Application Form