University of Stellenbosch / University of the Western Cape

Research Unit for Legal and Constitutional Interpretation (RULCI)

SERVICE CONTRACT

f o r P A R T-T I M E RESEARCH ASSISTANTS OF THE UNIVERSITY OF STELLENBOSCH /UNIVERSITY OF THE WESTERN CAPE RESEARCH UNIT FOR LEGAL AND CONSTITUTIONAL INTERPRETATION

entered into between

THE UNIVERSITY OF STELLENBOSCH / UNIVERSITY OF THE WESTERN CAPE RESEARCH UNIT FOR LEGAL AND CONSTITUTIONAL INTERPRETATION

(hereinafter referred to as “RULCI”)

AND THE UNIVERSITY OF STELLENBOSCH

(hereinafter referred to as the “University”)

represented herein by Lourens Marthinus du Plessis in his capacity as Director of RULCI duly authorised thereto.

Address: Department of Public Law

University of Stellenbosch

Private Bag X1

Matieland

7602

AND

(hereinafter referred to as the “Employee”)

Address:

1.ACCEPTANCE OF DUTIES

The University hereby appoints the Employee as Research Assistant in the Research Unit for Legal and Constitutional Interpretation with effect from 1 January # and the Employee hereby accepts such appointment on the conditions contained in this agreement.

2.STATUS OF APPOINTMENT

The Employee shall be appointed on a part-time basis, expressly subject to the provisions of paragraph 5 below, and only for the period indicated in paragraph 4 below.

3.JOB DESCRIPTION

Designation of post: RULCI Research Fellow: Research Assistant. The nature of a RULCI research assistantship is described in paragraph 2.1. of an information document on RULCI fellowships a copy of which is hereby attached (as Annexure A). The Employee acknowledges that he/she has read Annexure A and that he/she agrees to perform his/her duties as a RULCI Research Assistant in accordance with the guidelines and objectives spelt out in paragraph 2.1 of Annexure A.

Duties:

3.1To participate in agreed on research projects and to render research assistance to RULCI fellows as agreed on with the Director of RULCI.

3.2To assist with the general administration of RULCI as well as the organisation of RULCI events and visits by visiting scholars.

The employee furthermore confirms that he/she will, for the period mentioned in paragraph 4. below, be registered (or will be working towards registration) for post-LLB study in the area of legal and constitutional interpretation and will attend and participate in

3.3regular discussions of the RULCI research team, and

3.4research training seminars and programmes as determined by the Director in consultation with the Employee’s supervisor.

4.PERIOD

The Employee is appointed for a maximum period of twelve months with effect from 1 January # to 31 December # whereafter the agreement shall automatically be terminated provided that such period may be reduced, depending on the availability of funds, in terms of paragraph 5 below, and provided further that the agreement may be terminated in terms of paragraph 15 below.

5.FUNDING FOR PURPOSES OF THE APPOINTMENT

The Employee confirms that he/she is aware that the University is funding this appointment from funds externally obtained (in other words, not from University funds) and that his/her appointment, irrespective of the period detailed in paragraph 4 above, shall remain effective only for as long as sufficient funds are obtained to cover all expenditure relating to the Employee’s remuneration. If such external funds become exhausted prior to the expiration of the said period, this appointment shall be terminated accordingly at such earlier stage.

6.PRINCIPLE OF LEGITIMATE EXPECTATION

The Employee confirms expressly that no representation whatsoever in regard to (i) the renewal of this agreement after the expiration thereof, or (ii) the continuation of his/her services at the University after the expiration of the period specified in paragraph 4 above, has been directly or indirectly made by the University or by any person on behalf of the University, and that no expectation of such renewal or continuation exists on the Employee’s part.

7.REMUNERATION

The Employee’s salary shall be payable not later than the last working day of every calendar month and shall be R # per year. This does not include any amounts awarded or allocated to the Employee for the purpose of furthering the study for which he/she is registered. The latter amounts do not form part of the Employee's remuneration for the performance of any of the duties referred to in paragraph 3. above and become repayable should the Employee terminate his/her services prior to the last date mentioned in paragraph 4. above.

8.WORKING HOURS

8.1The Employee is required to devote 17 (seventeen) hours per week for 46 (forty six) weeks per year spread over at least four days per week, to the duties set out in paragraph 3.1 and 3.2 above. This amounts to 15 (fifteen) hours per week per year taking into account the annual leave to which the Employee is entitled by virtue of paragraph 11. below.

8.2The restriction to the Employee’s working hours as in paragraph 8.1. above ensures that he/she will be eligible for bursaries or scholarships awarded on the condition that the person holding them does not perform remunerated duties for more than 15 (fifteen) hours per week.

8.3Time spent on attending discussions of the RULCI research team and on research training seminars and programmes as envisaged in paragraphs 3.3 and 3.4 above, is not regarded as working hours for purposes of paragraph 8.1. above but as time devoted to the furtherance of the Employee’s research capacity building as well as to his/her own post-LLB study and research.

8.4The Employee undertakes not to perform any other remunerated work without the knowledge and permission of the Director. Permission to do such work will only be granted in exceptional circumstances if the said work, in the judgement of the Director, is not likely to interfere with the duties of the Employee as described in paragraph 3. above or with any of the Employee’s responsibilities as holder of a bursary and/or scholarship, and the said permission can be withdrawn should it, in the judgement of the Director, appear that the said work indeed so interferes.

9.DUTY TO REPORT

The Employee is required to report monthly on his or her progress in respect of his/her own post-LLB study as well as the performance of duties assigned to him/her in terms of paragraph 3. above. The prescribed report form, attached as Annexure B to this contract, is to be used for the said purpose.

10.PUBLIC HOLIDAYS

The Employee shall be entitled not to work on official public holidays and still receive normal remuneration for such days.

11.ANNUAL LEAVE

The Employee shall be entitled to 30 (thirty) working days’ paid leave per year. Such leave shall be taken at times which are convenient to RULCI and to the University. An application for leave is to be made by completing the official leave form of the University at least one week prior to the commencement of such leave. This time limit may be dispensed with if, in the judgement of the Director, exceptional circumstances so require.

12.SICK LEAVE

12.1The Employee shall be entitled to 14 (fourteen) calendar days’ sick leave with pay per year.

12.2In the event of the Employee’s absence from work as a result of illness or injury, he/she shall notify the Employer accordingly as soon as possible.

12.3Applications for sick leave for periods longer than two calendar days shall be accompanied by an acceptable medical certificate, which certificate shall specify the nature of the Employee’s indisposition.

13.LEAVE FOR FAMILY RESPONSIBILITIES

The Employee shall be entitled to 3 (three) days’ leave for family responsibilities per year with full pay if the Employee has been in the Unit’s and the University’s service for more than four months and works at the University not less than four days a week.

14.DEDUCTIONS FROM REMUNERATION

Other than deductions compulsory by law, such as those for unemployment insurance and those for income tax, RULCI or the University shall not make any deduction from the Employee’s remuneration unless it has been consented to in writing by the Employee.

15.TERMINATION OF SERVICE

Either of the parties may terminate this agreement by giving one calendar month’s notice in writing or, where justified in law, this agreement may be terminated summarily. If the Employee terminates this agreement before the end of the period mentioned in paragraph 4. above, and before having completed the postgraduate degree for which he/she is registered, he/she will be liable to repay all amounts not forming part of the remuneration specified in paragraph 4. above and awarded or allocated to him/her to further his/her study.

17.GENERAL

Any amendment to this agreement shall be valid only if such amendment is in writing and has been agreed to and signed by both parties. This agreement replaces and revokes any previous agreement between the parties in this regard.

The agreement shall be subject to the University’s policy on matters relating to staff, unless such policy has been amended hereby. A copy of such policy may be perused at Human Resources.

agreed on and signed at…………………………..….……this…..….day of ...... …...... 19…....

……………………………..…………….

for rulci/the universityemployee

WITNESSED:

1 ……………………………1 ...... …………………….

2 ……………………………2 ...... …………………….

ANNEXURE A

University of Stellenbosch / University of the Western Cape

Research Unit for Legal and Constitutional Interpretation (RULCI)

FELLOWSHIPS

There are three categories of RULCI fellows who together constitute an interdisciplinary RULCI Research Team:

Established Research Fellows

Research Fellows of whom there are three categories, namely

  • Research Assistants,
  • Interns and Contract Lecturers, and
  • US Junior Lecturers in Public Law, and
  • US and UWC Postgraduate Students

Student Fellows

RULCI unites fellows in a Research Team in order to:

provide keen and capable established researchers with the opportunity to

  • do high-quality research in the field of legal and constitutional interpretation, and
  • guide younger researchers in building their capacity in the field;

provide both post- and undergraduate students with

  • the opportunity to build their scholarly capacity in the area of legal and constitutional interpretation
  • under the guidance of experts in the field, and
  • in partnership and interaction with research partners in the RULCI Research Team.

1.Established Research Fellows

Established RULCI Research Fellows are:

  • the RULCI Director and Deputy Director (ex officio);
  • full-time South African and foreign academics in law and in other disciplines who can substantially contribute to the development of insight and skills in legal and constitutional interpretation;
  • Post-doctoral Research Fellows, and
  • RULCI’s Research Adivisers (ex officio).

Established researchers can be invited or can apply to join the RULCI Research Team.

Established Research Fellows commit themselves to participation in the activities of the RULCI Research Team by:

  • sharing their expertise with the team;
  • doing research in legal and constitutional interpretation or related fields, and
  • guiding other fellows in building their capacity.

In exchange for their commitment to the activities of the RULCI Research Team, Established Research Fellows are entitled to:

  • access to the RULCI research infrastructure;
  • research assistance by RULCI Research Assistants, Interns, Contract Lecturers and Student Fellows;
  • RULCI’s support for attendance at conferences, colloquia, workshops, etc., and
  • RULCI’s assistance in formulating research proposals and completing applications for research grants.

2.Research Fellows

2.1. Research Assistants

Research Assistants are persons who have obtained an LLB or equivalent degree and who are employed and remunerated by RULCI on the following conditions:

A RULCI Research Assistantship is

  • neither a career option
  • nor a wait-and-see opportunity for someone seeking to build an academic or professional career.

RULCI Research Assistantships are, in essence, academic scholarships awarded to promising scholars in order to prepare themselves for an academic or professional career with a specific focus on legal and constitutional interpretation.

The following are the criteria for appointment as a RULCI Research Assistant:

  • academic merit;
  • a candidate’s potential to contribute to knowledge of legal and constitutional interpretation, and
  • the need to reflect the diversity of the South African population in the composition and activities of RULCI.

Research Assistants are required to register for a thesis LLM or an LLD degree at either the University of Stellenbosch (US) or the University of the Western Cape (UWC). Candidates for coursework LLMs will only be considered in highly exceptional instances.

Research Assistants are appointed for one year and they enter into a written agreement with RULCI in which their conditions of service are set out. RULCI normally provides a scholarship for

  • the tuition fees of a Research Assistant (up to a maximum of R6000 per year) and
  • his or her accommodation expenses (up to a maximum of R12000 per year).

RULCI moreover pays a Research Assistant an agreed-on allowance as a contribution towards living expenses. In exchange for this, the Research Assistant is required to devote at least seventeen (17) hours per week to research assistance for RULCI. In addition, a Research Assistant must be available for:

  • research training by Research Advisers appointed by RULCI (commencing mid-January each year), and
  • team discussions organised on a regular basis.

Research Assistants must be prepared to be in residence at either the US or UWC. RULCI remunerates Research Assistants for travelling expenses incurred as a result of the fact that RULCI’s operations are located at two campuses.

A Research Assistant is contractually bound to the period specified in his or her written agreement with RULCI. Should an assistant prematurely terminate his or her contractual obligations, he or she will be required to repay all monies awarded as part of a RULCI scholarship.

Only in exceptional circumstances (and with the permission of the Director or the Deputy Director) will a RULCI Research Assistant be allowed to do other work outside of RULCI. Permission will only be given if such outside work does not interfere with an assistant’s RULCI commitments and the permission can be withdrawn at any time if the said work indeed so interferes.

Research Assistants are required to report monthly on their progress with

  • their own studies and
  • research work that they are required to do for RULCI.

A Research Assistant is entitled to thirty (30) working days (i.e. six weeks) of leave per year.

RULCI Research Assistants can be re-appointed for longer than one year in exceptional circumstances. The following will be taken into account:

  • the minimum period of residence for the degree for which the appointee is registered (one year for a thesis LLM and two years for an LLD) and
  • any special contribution that a prospective appointee has made and can continue to make to RULCI’s operations.

Apart from

  • generous assistance with and expert guidance in respect of their own research work, as well as
  • the opportunity to benefit from team work,

RULCI offers its Research Assistants the following:

  • an infrastructure conducive to the promotion of quality research. Research Assistants who, at the time of their appointment, have not acquired computer skills will be required to undergo the necessary training;
  • assistance and support for attendance at conferences, colloquia, workshops, etc.;
  • assistance in formulating research proposals and complete applications for research grants.
  • RULCI Research Assistants are not precluded from applying for other scholarships available for postgraduate study. However, someone already benefiting from an NRF (DSS&H) Supervisor Allocation awarded to anEstablished RULCI Research Fellow or any other supervisor is not eligible for a further NRF scholarship. A Supervisor Allocation can be assigned to a Research Assistant as part of his or her RULCI scholarship.
  • RULCI assists and supports its fellows in planning (and seeking financing for) research work and research visits overseas. Normally only persons who have completed at least one year as a Research Assistant with RULCI will be entitled to such assistance and support.

2.2. Internships and Contract Lectureships

Internships, under the auspices of RULCI, can be awarded to South African scholars from disadvantaged backgrounds.

Interns are given the opportunity to work in an academic environment in order to acquire and improve scholarly skills and to build their academic capacity. An Intern could, for instance, be required to do teaching too.

Interns are RULCI fellows and internships are essentially similar to Research Assistantships in that virtually the same criteria for appointment and the same conditions of service apply. An intern’s conditions of service are, however, somewhat more flexible than those of a Research Assistant so as to allow him or her the opportunity to become involved in activities of a hosting academic department (either at the US or UWC) to a greater extent than Research Assistants. An intern can furthermore be appointed for a period longer or shorter than one year.

Internships and Contract Lectureships are financed with and are therefore dependent on the availability of funds additional to the annual research grants that RULCI is normally entitled to.

An internship could result in appointment as a Contract Lecturer.

Contract Lecturers are also required to be RULCI fellows and their conditions of service are to be negotiated between the US/UWC and the appointee.

2.3. US Junior Lecturers and Postgraduate students

Junior Lecturers in the US Department of Public Law are required to join the RULCI research team. The requirements and conditions of service for US Junior Lecturers are set out in a separate information sheet. Applicants for RULCI Research Assistantships, Internships or Contract Lectureships can also be considered for appointment as US Junior Lecturers. Applicants should indicate whether they are available for appointment in this capacity.

Postgraduate students who work with an Established RULCI Research Fellow or who work in the area of legal and constitutional interpretation or who are interested in the research that RULCI does, can join the RULCI Research Team on application.

In exchange for their commitment to the activities of the RULCI Research Team, Junior Lecturers and Postgraduate students are admitted to the RULCI research training programme. They may attend and participate in research training seminars and colloquia and, where feasible, RULCI’s Research Advisers are available to them for individual consultations.

3.Student Fellows

Student Fellows are recruited from the ranks of students who have not yet completed an LLB or any other degree. Their conditions of service are negotiated individually with RULCI’s Director or Deputy Director.