Kelly Phelps - University of Cape Town

Kelly Phelps BA (UCT), BSocSci (Hons)(UCT), BA (Law)(Cantab), MA (cantab)

[email protected]

WORK HISTORY

Permanent Lecturer, Dept of Public Law, Law Faculty, UCT: July 2007 – Present

(Please note: There are no course evaluations for 2011 as I took a 1 year leave of absence after my father

passed away)

Lecturer and Course Convenor

Criminal Law (co-convenor) (2007, 2012, 2013) – Core module for intermediate year LLB students, class size

approx 160. Tasks completed included:

Preparing and delivering 36 lectures;

Preparing and delivering 36 tutorials;

Setting June and November examinations, essay, assignment;

Setting moot court case and officiating court;

Intensive one on one sessions with struggling students;

Completed all marking: 127 June exams, 126 Nov exams, 53 essays (3000 words), 18 opinions (1500

words), 20 Moot candidates, 160 assignments (1500 words).

Evidence (co-convenor) (2009) – Core module for final year LLB students, class size approx 120. Tasks

include:


Preparing and delivering 8 tutorials;

Setting and marking November examinations, oral examinations and tutorial assignment (106);

Intensive one on one sessions with struggling students.

Punishment and The Constitution (2008 – 2013) – Final year LLB research focus group, class size 16

(consistently over-subscribed). In the past decade South African law on the imposition and implementation of

punishment has been shaped decisively by the new constitutional order. This research option is designed to

allow final year students to consider aspects of that process by way of a research paper. Tasks include:

Designing and delivering introductory 2 hour seminars weekly to introduce students to the

fundamentals of sentencing theory and prisoners’ rights under the South African Constitution.

Supervising the research papers of the 16 students, including marking presentations, drafts (approx

6000 words) and final papers (8000 words) and, individual consultations with each student.

Punishment and Human rights (2006 – 2013) – LLM course, class size between 16 – 28. This course aims to

provide students with a sound theoretical understanding both of the justifications of punishment and human

rights constraints in the context of sentencing. Students then apply this understanding to practical examples in

order to assess how/ if the theory translates into practice. In so doing it is hoped to transcend a common-sense

approach to sentencing and to build firm opinions/ approaches based on acquired knowledge. Tasks include:

Designing and delivering 13 two hour seminars;

Setting and marking two 4000 word essays and 45 minute presentations.

Note, this class was run twice consecutively in 2008 to accommodate high subscription rates.

The Criminal Process (2008, 2009) – Postgraduate criminology honours course, class size approx 10. The aim

of this course is to offer to students a basic understanding of the criminal justice process and the principles

underlying the law of evidence, criminal law and criminal procedure. In theme and perspective, it provides an

analysis of the administration of justice.

Designing and delivering 74 one hour lectures;

Setting and marking two 3000 word essays and one 2 hour exam;

Arranging guest lectures and site visits to criminal justice institutions.

mailto:[email protected]

Kelly Phelps CV

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Introduction to South African Criminal Justice: Sexual Offences (2009, 2010) – Compulsory course component

on the Florida Law School Exchange Programme taught in the June vacation to American students, class size

approx 30. Tasks include:

Designing curriculum;


Setting and marking exam question;

Arranging prison visit with the Inspecting Judge of Prisons.

Other contributions to teaching activities:

Programme convenor of the Criminal Justice speciality on the Masters programme. This year I formed

part of a team that has extensively redesigned the curriculum and developed a new, cutting-edge

speciality launching in 2014 called ‘Criminology, Law and Society’, which I will convene.

Collaboration with Ms Charlotte Houghteling, founding partner of, and cousel for, Harris &

Houghteling LLP, a boutique litigation firm of active trial lawyers in New York (2012, 2013). We

designed and ran 2 seminars comparing and contrasting how white collar criminals are punished in the

developed context of the USA and the developing context of South Africa. In order to draw out the

complexities in punishing this category of offenders, recent cases were reviewed and the offence of

insider trading was used as a case study. The seminars are being used as the basis to develop 3 articles

for submission to peer-reviewed journals.

Collaboration with Rashaad Adendorf, a reformed prison gangster. A documentary film of his life was

shown in my Masters class, which he attended and then participated in a question and answer session.

Collaboration with Dr Liora Lazerus, St Annes’ College Oxford University, a leading world expert on

prisoners’ rights (2009, 2010). We designed and ran two seminars together comparing and contrasting

global developments in prisoners’ rights jurisprudence with South African developments.

Participant in a voluntary workshop to critically engage with curriculum redesign for the LLB

programme (2009).

Guest lecture for Prof Burchell on Principle of Legality and Masiya v DPP (March 2008, turned into

comment published in SALJ).

Officiated/ officiating criminal law moot (2006 – 2013).

Panel member for Integrative Assessment Project (Sep 2007 – 2013).

Officiated 3 moots to select UCT team for Jessup Moot (2008).

Quantitative summary of student evaluation scores (full evaluations attached)

PBL3801W Criminal Law (June 2007, 88 respondents)

Attitude to students: 86% ‘good’ or ‘excellent’ (80 answers)

Ability to teach: 99% ‘good’ or ‘excellent’ (81 answers)

Ability to motivate students: 94% ‘good’ or ‘excellent’ (81 answers)

Emphasis on critical thinking: 94% ‘good’ or ‘excellent’ (83 answers)

20 recommendations for Distinguished Teaching Award

PBL3801W Criminal Law (Nov 2007, 42 respondents)






PBL5416H Punishment and the Constitution (2008, 16 respondents)


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Category ‘emphasis on critical thinking’ not on RFG evaluation form.


PBL6815S Punishment and Human Rights (2008, 23 respondents)






PBL3801W Evidence (Nov 2009, 48 respondents)

Attitude to students: 100% ‘excellent’ (43 answers)





PBL6815S Punishment and Human Rights (2009, 12 respondents)


Ability to teach: 100% ‘excellent’ (12 answers)

Ability to motivate students: 100% ‘excellent’ (11 answers)



PBL5815F Punishment and Human Rights (2010, 3 respondents)





PBL3801W Criminal Law (June 2012, 31 respondents)


Explanation: 100% ‘good’ or ‘excellent’ (31 answers)

Communication: 100% ‘good’ or ‘excellent’ (31 answers)

Preparedness: 100% ‘good’ or ‘excellent’ (31 answers)

Knowledge: 100% ‘good’ or ‘excellent’ (31 answers)

Enthusiasm/ Ability to stimulate students: 100% ‘good’ or ‘excellent’ (31 answers)









Kelly Phelps CV

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PBL3801W Criminal Law (June 2013, 26 respondents) (course still being taught)


Explanation: 92% ‘good’ or ‘excellent’ (26 answers)

Communication: 96% ‘good’ or ‘excellent’ (26 answers)

Preparedness: 100% ‘good’ or ‘excellent’ (26 answers)

Knowledge: 100% ‘good’ or ‘excellent’ (26 answers)

Enthusiasm/ Ability to stimulate students: 88% ‘good’ or ‘excellent’ (26 answers)









PBL4301H Punishment and the Constitution (2013, 2 respondents) (course still being taught)



Ability to motivate students: 100% ‘excellent’ (2 answers)



Sample of qualitative student evaluation responses (full evaluations attached)

PBL3801W Criminal Law (Nov 2007): ‘Very good teacher/student relationship. Very approachable’, ‘very

clear, concise, never wasted a word, very well prepared’, ‘very good ability to explain concepts. Thorough

knowledge’, ‘very good, makes information entertaining and involving’, ‘Kelly is young, energetic,

approachable and gets through the work quickly but thoroughly. We had to work in her class to keep up with

the pace. She made time to both cement concepts in problem questions and to discuss interesting thought

provoking aspects of criminal law’, ‘Kelly, she is brilliant, teaches exceptionally well and really makes

criminal law understandable as it gets challenging. She communicates ideas well and one can engage with her

on the different issues’.

PBL5416H Punishment and the Constitution (2008): ‘Takes a genuine interest in the progress of each student’,

‘After each lecture I felt I’d learned something new’, ‘One on one time with Kelly was very helpful and she

was readily available. Very open and approachable. She treats everyone equally and is very responsive to the

needs of her students. Knows her stuff clearly’, ‘She is one of the most vibrant and approachable lecturers at

UCT’, ‘She was an excellent communicator. After each lecture I felt filled with knowledge’.

PBL6815S Punishment and Human Rights (2008): ‘Very professionally run, despite being over-booked’,

‘Exceptional content-legal information was made both accessible and compelling to lay-men’, ‘An excellent

balance of assignments, guest lecturers, group discussions, student presentations, role-play simulation’, ‘The

feedback and comments given on assignments were very thorough I understood what I did not do correctly’, ‘It

developed my ability to argue as we engaged actively with the materials in class’, ‘Kelly is brilliant! She is

extremely well-spoken and clear which makes understanding the material very easy. She obviously also clearly

understands the course material and knows how to communicate this’, ‘Possibly most inspiring and enthusiastic

lecturer I’ve had so far’, ‘She is my inspiration. I want to be just like her’, ‘I study law in the US. In the US, we

learn the law. In this course we learned the law but we also did something much more important, we questioned

it. Thank you Kelly!’

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PBL3801W Criminal Law (Nov 2012): ‘In my three years and 22 courses at UCT, Kelly Phelps is by far the

best lecturer I have ever encountered. She strikes a perfect balance between all of the qualities mentioned in the

question’, ‘Ms Phelps made the course and material relevant by applying the material to events happening at

the time’, ‘Ms Phelps had a way of really bringing her lectures and tutorials to life. Her knowledge of the

subject matter is extensive and the preparation she puts into her presentation of the subject is evident. She

encourages us, as students, to actively engage with the topics in class and this should be commended’, ‘Ms

Phelps has a spectacular and infectious enthusiasm that made me feel obliged to apply myself, lest I let her

down. She is also much more approachable than many other lecturers which allows for individual engagement.

Overall Ms Phelps displays all the abilities which lead to an effective learning experience’.

Research and publications

Research directions:

Constitutional criminal adjudication: In 2007 and 2008 I published two articles and delivered a guest lecture

on the Constitutional Court case of Masiya v DPP concerning the constitutionality of the common law

definition of rape. While developing my arguments on the case I discovered an anomaly regarding the principle

of legality. Commentators criticising the Court’s judgment did so on the basis that by interpreting the definition

of rape to include anal penetration of a female the Court contravened the rule of the principle of legality that the

definitions of crimes should be fixed. However, if this is the correct interpretation of the rule then the notion of

constitutional supremacy would be rendered meaningless if the Constitutional Court did not have the power to

mend definitions of crimes in line with the Constitution. I have thus embarked on two related projects in order

to investigate this apparent anomaly.

Project 1: The first project is participating in writing the Jutas Commentary on the new Sexual Offences Act. I

am the lead author on the chapter on rape, compelled rape, sexual assault, compelled sexual assault, compelled

self-sexual assault and s 55. The commentary assists practitioners, academics and students to interpret and

apply the new Act in line with the intention of the legislature and the Constitution.

Project 2: The second project is my PhD on the principle of legality in a constitutional supremacy. I am tracing

the principle of legality back to its roots and conducting a survey of its application in cases. My hypothesis is

that the principle of legality is more flexible than many modern commentators would have us believe. It has

always allowed the broadening of the ambit of the definitions of crimes to include new forms of behaviour

(such as theft of credit). Under a constitutional dispensation a new ground for broadening the ambit of crimes

must be recognised – that is to bring the definitions in line with the Constitution. This is a principled approach

as the Constitution provides the parameters within which innovation must occur. It is also the only approach

that gives meaning to the concept of constitutional supremacy rather than merely paying lip service to it. My

PhD investigation has both theoretical and practical importance. It impacts the manner in which courts

adjudicate thus the actual justice victims obtain as well as the protection afforded to accused persons. It also

clarifies the relationship between the government and the judiciary thereby preventing unnecessarily protracted

and costly litigation. The relevance of this enquiry has been demonstrated in a number of recent cases, such as

DPP v Prins (Minister of Justice and Constitutional Development & two amici curiae intervening) (369/12)

[2012] 106 ZASCA (15 June 2012), S v Booi (14/2010) [2010] ZAFSHC 91 (12 August 2010), S v Mchunu

(168/2011) 15 September 2011, S v Rikhotso (SS105/11) [2012] ZAGPJHC 106. I produced a joint submission

to Parliament regarding penalty clauses in the Sexual Offences Act with Dee Smythe and The Women’s Legal

Centre in the wake of the Prins judgment and consulted with Professor Burchell in providing advice to the

NDPP for their appeal of the judgment in the SCA, which was successful. In 2012 the criminal law moot was

set on a problem regarding the theft of electricity, inspired by the recent case of S v Ndebele 2012 (1) SACR

245 (GSJ), thereby allowing me to continue connecting my teaching with my research.

Articles and notes in peer reviewed journals, chapters in books and online publications:

Kelly Phelps CV

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K Phelps and S Kazee ‘The Constitutional Court gets anal about rape – gender neutrality and the principle

of legality in Masiya v DPP’ (2007) 20 The South African Journal of Criminal Justice 341.

K Phelps ‘A dangerous precedent indeed – A response to CR Snyman’s Note on Masiya v DPP’ (2008)

125 The South African Law Journal 646.

K Phelps and D Smythe ‘Chapter 2: Section 3 Rape’ in The Sexual Offences Commentary 2011 Jutas.

K Phelps ‘Chapter 3: S4-7 Compelled Rape, Sexual Assault, Compelled Sexual Assault, Compelled Self-

Sexual Assault’ in The Sexual Offences Commentary 2011 Jutas. Updated in 2013.

K Phelps ‘Chapter 19: S 55 Attempt, Conspiracy, Incitement/ Inducing Another Person to Commit a Sexual

Offence’ in The Sexual Offences Commentary 2011 Jutas.

K Phelps ‘Chapter 7: Superstition and Religious Belief: A ‘Cultural’ Defence in South African Criminal

Law?’ 2011 UCT Press.

South African Law Reform Commission Discussion Paper 129 Project 25 ‘Statutory Law Revision

LEGISLATION ADMINISTERED BY THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL

DEVELOPMENT (Legislation regulating the legal profession; courts and other institutions; civil procedure

and evidence; substantive criminal law; civil law; wills, estates and insolvency and constitutional and

political legislation)’ October 2011.

J Burchell, K Phelps, D Smythe ‘Jurisdiction Spotlight: South Africa’ Journal of Commonwealth Criminal

Law 2012.

K Phelps ‘Can Oscar Pistorius Get a Fair Trial?’ for CNN.com (London), available at

http://edition.cnn.com/2013/06/06/opinion/opinion-oscar-pistorius-fair-trial/index.html accessed on 26

June 2013.

Forthcoming:

K Phelps ‘Recent Cases: Sentencing’ 2 South African Journal of Criminal Justice 2013.

K Phelps and C Houghteling ‘The communicative feature of punishment: a comparative case study of the

punishment of insider traders in South Africa and the USA’ submitted in 2013.

Citations or references in published work

CR Snyman Strafreg 6ed 2012 at 50 fn 103.

J Burchell South African Criminal Law and Procedure Volume 1 General Principles of Criminal Law 4ed

2011 at 39-40.

Referenced in recent unpublished opinion by J Burchell to NDPP in light of the Prins Judgment.

Other peer-reviewed research output:

Co-ordinator and assistant editor of the South African Journal of Criminal Justice, a peer-reviewed,

accredited journal, from 2006 – 2010, when it moved to the University of KwaZulu-Natal.

Expert assessor for South African Journal of Human Rights peer-reviewed, accredited journal.

Expert assessor for Social Problems international peer-reviewed journal.

Expert assessor for South African Journal of Criminal Justice peer-reviewed, accredited journal.

Expert assessor for Malawi Law Journal international peer-reviewed journal.

Contracted by the South African Law Reform Commission in 2007 as a special advisory commissioner for

Project 25 Statutory Law Reform. I reviewed 16 criminal justice statutes in order to determine whether they

are in keeping with the Constitution and still relevant. My submission was reviewed by the expert project

team and formed part of a Law Reform Commission Discussion Paper 129, listed above.

Contracted by the Open Society Foundation South Africa to peer review and edit a monograph on the new

Sexual Offences Act in May 2010 written by Lillian Artz. Acknowledged in publication.

Edited and fact-checked 2 chapters for Gender, Health and Justice Unit on Harmful HIV related conduct

and the law, end-2007. Acknowledged in publication.

http://edition.cnn.com/2013/06/06/opinion/opinion-oscar-pistorius-fair-trial/index.html

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Supervised 3 final year research papers that have been published in peer-reviewed accredited journals: J

Barnes ‘Not too great expectations – Considering the right to health care in prisons and its constitutional

implementation’ (2009) 1 South African Journal of Criminal Justice; A Mellon ‘Sentencing white-collar

offenders: Beyond a one-dimensional approach’ (2009) 3 South African Journal of Criminal Justice; H

Rousouw ‘Alternatives to Traditional Sentencing Methods – The Efficacy and Constitutionality of Periodic

Imprisonment in South Africa’ [2010] Cork Online Law Review.

Supervised Jonathan Parsonage on his paper entitled ‘The shape of things to come? Ubuntu as a framework

for the imposition of punishment in South Africa’, which won the 2009 Ismail Mahomed prize for best law

reform essay in South Africa.

Consultancy, social responsiveness and other contributions to the criminal justice sphere

Contracted by CNN as legal analyst for the Oscar Pistorius Trial to explain South African legal process and

context to a foreign audience. Appeared on numerous CNN domestic and international shows, including

Piers Morgan Live and Anderson Cooper 360.

Helped co-ordinate the Law Faculty event to celebrate Africa Month at UCT in 2012. Played a central role

in the planning and co-ordination of the event.

Hosted Ms Charlotte Houghteling founding partner of, and cousel for, Harris & Houghteling LLP, a

boutique litigation firm of active trial lawyers in New York during visit to the law faculty in May 2012.

Secured private funding to sponsor criminology student to attend international youth leadership conference

in the Hague, 2012.

Drafted a joint submission to Parliament with the Women’s Legal Center and Dee Smythe on the draft of

the Sexual Offences Amendment Bill, 2012.

Consulted with Prof Burchell in drafting advice to the NDPP in framing their appeal of the recent Prins

judgment from the Cape High Court to the SCA. A prior publication of mine is quoted in his final

submission, 2012.

Cited in Weekend Argus in 2009 as expert on sentencing in Samoedien sentencing case.

Hosted Professor James Silk (Clinical Professor of Law, Allard K. Lowenstein International Human Rights

Clinic, Executive Director, Orville H. Schell, Jr. Center for International Human Rights, Yale Law School)

during visit to UCT law Faculty March 2009.

Arranged prison visit for masters students to Allandale Correctional Centre with Judge Deon van Zyl,

inspecting judge of prisons 2008, 2009, 2010.

Invited to attended Wolpe Trust Colloquium on masculinity and violence in February 2008 – a discussion

forum for approximately 20 key professionals from across disciplines, both practitioners and academics.

Provided opinion to National Prosecuting Authority on sentencing implications of certain clauses of the

Child Justice Bill, 2008.

Provided opinion to informal traders on the Grand Parade regarding their rights in view of the city’s

redevelopment plans (2008).

Met with and was interviewed by representative of Department of Education regarding the Sexual Offences

Act and disseminating correct information to youth (2008).

Invited as expert attendee at the Criminal Justice Research Review 2008 conducted by the Department of

Justice and Constitutional Development.

Interviewed in Documentary on women and the law by Treatment Action Campaign 2008.

Secured private funding assistance for 4 law students who approached me in my capacity as student advisor

in desperate financial positions, 2007, 2008, 2009.

External examiner for criminal justice courses taught by Dr Gallinetti at UWC Law Faculty (2007 – 2010).

Expert referee for National Research Foundation to evaluate the research standing of criminal justice

academic 2007.

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Attended Institute for Security Studies Conference on the Jali Commission investigating corruption in

prisons 2007.

Interviewed by Argus and Cape Times Newspaper reporters on the Dina Rodriguez trial (2008, quoted in

Weekend Argus) and prosecution of alleged gang members (2007).

Student supervision

2007

Tariro Mutongwizo, criminology honours – ‘A consideration of the role of South African prosecutors in

child diversion practices’. Enrolled Jan 2007, graduated Dec 2007. Co-supervisor Assoc/Prof Elrena van

der Spuy.

Gadija Parker, LLM by coursework – ‘The development of juvenile sentencing jurisprudence in South

Africa in the absence of legislation’. Enrolled Jan 2006, graduated Dec 2007. Co-supervisor Prof PJ

Schwikkard.

2008

Nadia Ebrahim, LLM by coursework – ‘Is the new definition of the crime of rape in South Africa

adequate?’ Enrolled Jan 2006, graduated Dec 2008. Co-supervisor Prof Jonathan Burchell.

2009

Maryanne Downes, LLM by coursework – ‘Medical parole: No Guarantees’. She was transferred to be

under my supervision in Nov 2008, graduated Dec 2009.

Caroline Kache, LLM by coursework – ‘Realising the right to equality for female prisoners through prison

programs’. Enrolled Jan 2008, graduated Dec 2009. Co-supervisor Dr Lillian Artz.

Craig Traub, MPhil by coursework – ‘A Metaphysical Redress of Van den Haag’s Retributive “Unequal

Justice over Equal Injustice”: Capital Punishment, Racial Discrimination and Illegitimate Authority’.

Enrolled Jan 2008, graduated Dec 2009, receiving 85% for dissertation. Co-supervisor Assoc/Prof Elrena

van der Spuy.

28 final year LLB research papers supervised on various topics under the banner of ‘Punishment and the

Constitution’ (3 published in peer reviewed, accredited journals, 1 winner of Ismail Mohamed prize for

best constitutional law essay presented by South African Law Reform Commission). 2012

Michelle Horak, final year research paper – ‘The viability of adult diversion programmes for petty

offences. Graduated Dec 2012, receiving 75% for paper.

Dorothy Kamanga, LLM by coursework – ‘The Judiciary’s case management of confirmation cases: the

impact and implications on overcrowding in Malawi prisons’. Enrolled Jan 2012, graduated June 2013,

receiving 75% for dissertation.

Julie Deziel, LLM by coursework – ‘A comparative analysis of mandatory minimum sentencing in

Canada and South Africa’. Enrolled Jan 2012, graduated June 2013, receiving 70% for dissertation.

Naazneen Samsodien, LLM by coursework – ‘A review of rehabilitation initiatives for sex offenders in

prison’. Enrolled Jan 2012, graduated June 2013. 2013

Cheyanne Isaacs, LLM by coursework – ‘A reconsideration of the constitutionality of the death penalty in

light of foreign jurisprudence’.

Veounia Grootboom, LLM by coursework – ‘Overcrowding in South African Prisons – a re-examination

of the Jali Commission report’.

Gift Mudehwe, LLM by coursework – ‘The development of organised crime in South Africa and the

legislative response’.

Jay Senna-Torres, MPhil by coursework – ‘Is South Africa is meeting its obligations under international

law to protect female refugees from sexual assault?’ Co-supervisor Ms Cathleen Powell.

Sarah Yousuf, LLM by coursework – ‘Can gang members combat gang violence in Manenburg and

Hanover Park – An Evaluation of the Ceasefire Programme’.

Oluwatoyin Badejogbin, PhD – ‘An analysis of conceptual ideologies, normative standards and practices

that underlie sentencing in Nigeria’. Co-supervisor Prof Wouter De Vos.

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Vuyo Ntlangu, PGDip Criminal Justice – ‘An evaluation of the South African legislative response to

white collar crime’.

16 final year LLB research papers supervised on various topics under the banner of ‘Punishment and the

Constitution’.

Faculty Committee membership 2007 - 1013

Health and safety committee; Independent Assessment Project; Admissions and Concessions; Student advisor;

Law Faculty Orientation co-ordinator; officiated Law Faculty registration; SALS Executive Committee; SALS

Admission and Concessions Committee; Timetable Committee; SALS Student Advisor; Transformation Forum

Funding

URC Start-up Grant, R20 000 (Aug 2007)

FRC Group Block Grant, R35 000 (April 2008)

Law Faculty Research Incentive, R5000 (Aug 2008)

Law Faculty Research Prize, R500 (Nov 2008)

URC/ Carnegie Research Development Grant, R22 870 (May 2009)

Visiting scholars fund, R15 000 (April 2010)

South African Law Reform Commission Prize for supervising the winner of the Ismail Mohamed recipient,

R1500 (June 2010)

Teaching/ Research Assistant, Dept of Criminal Justice, Law Faculty, UCT: Jan 2006 – June 2007

Lecturer and Course Convenor

Convened and lectured Masters course: ‘Punishment and Human Rights’. The course consisted of 13 two hour

seminars in which the relationship between theoretical justifications for punishment and constraints imposed by

human rights norms in the context of sentencing was explored. Tasks completed included:

sourcing relevant materials;

designing the individual seminars and general course structure;

delivering 11 of the 13 seminars;

setting essay topics and marking of essays for examination purposes;

setting 15 presentation topics, designing presentation marking schedule and marking 11 presentations;

intensive one on one meetings with students to discuss and develop their essay ideas and structure;

arranging guest lecturer from USA, working with the Centre for Transitional Justice, on capital

punishment for juveniles in USA.

Tutor

Taught small group sessions (20 per class) in criminal law, including working through problem question

exercises and exploring the principles of criminal liability. Tasks completed included:

preparing and delivering classes for LLB students;

preparing and delivering classes for Criminology Honours students, including designing 3 introductory

lectures concerning the structure of the South African criminal justice system; the sources of South

African criminal law and working with cases;

setting and marking mock-exam for Honours class and struggling LLB students in May;

marking assignments and exams;

officiating moot court and designing new marking schedule for moots;

intensive one on one sessions with struggling students;

arranging external funding for Honours student to attend international youth leadership conference in

Prague;

assisting 2 final year LLB students with their final research projects.

Kelly Phelps CV

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Research Assistant

Assisting Professor Schwikkard to locate relevant material for her research.

Intern at the Legal Resources Centre Cape Town: March 2005 – May 2005

Worked on the Richtersveld land-claim case. Litigation brought by an indigenous community against the

government for dispossession of land and diamond mining rights. Tasks completed included:

consulting with Counsel and assisting in the trial preparation of financial expert witnesses dealing with

the valuation of the Richtersveld community’s claim;

consulting with financial expert witnesses and preparation of relevant research for their testimony;

attending the trial on behalf of the LRC to help co-ordinate the testimony of the relevant witnesses and

assist counsel by keeping notes of proceedings that might be relevant during cross-examination;

consulting with counsel for the State to arrange agreement over key diamond mining figures;

helping collate court files.

Advisor & Shareholder of Hanganeni Investment Management (Pty) Ltd, a black empowerment project

based in Namibia: Jan 2003 - present

This holding company assists grassroots communities in Namibia with participating in the financial service and

industrial sectors. It supports four charity partners including the Indira Ghandi Health Centre Fund. Directors

include:

Dr. Ndeutala Angolo - Secretary to the Namibian Cabinet

Mr Leevi Hungamo - Director of Economic Policy Advisory Services to the Office of the President

Mr Sacky Shanghala - Special Advisor to the Attorney General

Mr Janes Hatuikulipi - an Investment Manager

Advisor & Shareholder of Ndeke Investments Ltd, a new approach to black economic empowerment: Jan

2003 - present

This investment organisation aims to facilitate effective empowerment and provide long-term solutions to key

issues relating to black economic empowerment within South Africa. It comprises of some of Africa's most

respected business leaders, investment specialists and entrepreneurs.

Freelance Criminological Research Work: June 2001 – Oct 2002

Researcher for SAYStOP (South African Young Offenders Project), an NGO

Helped evaluate the effectiveness of the SAYStOP prison diversion project for juvenile sex offenders. Tasks

completed included:

conducting interviews (20) with the boys and their families in their home environments a year after

they participated in the project;

writing detailed reports from the questionnaires completed during the interviews and other impressions

formed;

presenting the research findings at a national criminal justice conference on Youth At Risk held by The

Open Society Foundation in Gauteng.

Research Assistant to Professor Dirk van Zyl Smit concerning Prison Policies in Malawi, Institute of

Criminology, University of Cape Town

Compiled a worldwide tabulation of 14 countries’ prison laws under relevant sub-headings. No such document

previously existed. Interest was expressed to convert this document into a United Nations Prison Laws Manual.

Kelly Phelps CV

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Researcher for Gun Free South Africa concerning the drafting of regulations to be included in the Firearms

Control Act

Designed a new competency procedure for prospective gun licence applicants and updated the renewal process

for existing licence holders. Tasks completed included:

consulting with various local and international experts in the field of gun control;

creating new forms to be put forward to Parliament as proposals;

initiating proposal to give greater investigation capacity to women, since much gun violence in South

Africa is domestic. Certain recommendations implemented by Parliament in Regulations to the Act.

Research Assistant to Prof Dirk van Zyl Smit & Prof Elrena Van Der Spuy concerning the transmission of

criminal justice policies across borders

Gathered and collated relevant information for a chapter in a British criminology textbook.

EDUCATION

Master of Arts, University of Cambridge: 2008

Conferred 29 March 2008.

Bachelor of Arts in Law (affiliated), University of Cambridge: 2002 – 2004

Completed a three-year degree within two years at Cambridge.

Courses: International Law, Constitutional Law, European Union Law, Criminal Law, Sentencing and

The Penal System, Tort, Contract, Land Law, Equity, The Legal Process: Access to Justice and Human

Rights, Civil Procedure.

Thesis: "The South African Constitutional Court and the separation of powers".

Bachelor of Social Science (Honours) in Criminology, University of Cape Town: 2001

Graduated top of the class.

Received 83% for dissertation entitled ‘If it Bleeds, it Leads – The Cape Times N2 Campaign, Moral

Panic or Moral Action? A case study in assessing the impact on media representation of crime when

journalistic imperatives & moral endeavours collide’.

Received top mark for 5-week immersion assignment investigating the connection between the drug trade

& protection rackets in the night clubs of Cape Town, entailed participating in undercover sting operation

with the police.

Courses: Current Debates in Criminology, Criminal Justice in Transition, Sentencing & the Penal

System, Basic Statistical Analysis, Power Relations in Researching The Other: Ethical Issues, The Use

of Documentary Sources, and Questionnaires Surveys & Sampling.

Bachelor of Arts - English Literature & Anthropology, University Of Cape Town: 1998 – 2000

Awarded scholarship for academic excellence upon entry.

Organised and participated in successful study groups for English & Anthropology students, selecting 5

motivated students (within the top 10 achievers) from diverse backgrounds.

Completed Anthropological fieldwork involving observing and investigating the illegal trade of Marijuana

on Greenmarket Square in Cape Town.

Invited to join Honours programme for Social Anthropology & Criminology.

Kelly Phelps CV

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Final Year Subjects: Crime and Deviance in South African Cities; Language, Law and the Media;

Modernism; Film Studies; Anthropological fieldwork; Belief and Symbolism; The Challenge of Culture;

Anthropology Through Ethnography; Sociology of Human Reproduction.

Matriculated from Herzlia High School, Highlands, Cape Town: 1996

Deputy Head-Girl: active participation in leadership, social and multi-cultural events.

Winner and best speaker of Rotary Inter-Schools Debating league finals.

Participated in the Young Historians Conference, awarded 1st Place in Regional Finals and 2

nd Place in

National Finals.

7 Subjects: English (HG); Afrikaans (HG); Hebrew (HG); History (HG); Mathematics (HG); Economics

(HG); Drama (HG).

INTERESTS/ OTHER CERTIFICATION

Sailing: certified South African Skipper’s Association ‘Category E’ Skipper.

Ballet: completed all Royal Academy of Dance Association examinations to ‘Elementary’ level.

Theatre: completed all South African Guild of Speech and Drama Teacher’s examinations to ‘Senior iv’ level.

TEFL: certified TEFL teacher – teaching English as a foreign language – TEFL Training Institute, Claremont.

GAPS IN EDUCATION/ EMPLOYMENT

World Trip through parts of the Middle East, Europe, South America and Asia: Jan 1997 – Feb 1998

Travelled through different regions in order to be exposed to diverse cultures, working throughout in varied

jobs (including sales, the hospitality industry, factory work, and charity work).

Receiving treatment for, and recuperating from, illness: Jul 2004 – Mar 2005

PERSONAL PARTICULARS

Identity Number: 780719 0144 080

Place of Birth: South Africa

Date of Birth: 19/ 07/ 1978

Languages: English; Afrikaans; Hebrew

Computer Proficiency: MS Word, Internet, Email

Undergone courses in MS PowerPoint and MS Excel

Driver’s Licence: Yes

REFEREES

Prof Elrena van der Spuy Prof Jonathan Burchell Charlotte W Houghteling Deputy Dean, Postgrduate Professor, Department of Public Law; Counsel and Founding Partner,

Centre of Criminology Faculty of Law Harris & Houghteling LLP

Faculty of Law, UCT University of Cape Town New York, NY

[email protected] [email protected] [email protected]




Documents

Kelly Phelps - University of Cape Town