• Cherishing customary law : the disparity between legislative and judicial interpretation of customary marriages in South Africa 

  Maimela, Charles; Morudu, Ntebo Lauretta (Nelson Mandela University, 2024-07-07)

  The constitutional recognition of customary law in South Africa has opened a new conduit for the development of customary law. With the courts taking the lead in addressing customary law disputes, the interpretation of ...
• 'Consent’ and confusion casting doubt on the validity of a customary marriage : Mgenge v Mokoena & another [2023] JOL 58107 (GJ) 

  Hager, Liesl (University of Pretoria, 2023)

  In Mgenge v Mokoena & another [2023] JOL58107 (GJ), the Gauteng High Court, Johannesburg, per Rome AJ, considered the validity of a customary marriage concluded between the bride (the first respondent)and ...
• The right to food in South Africa : a consumer protection perspective 

  Muwanga, Tracy Sheila Namirembe; Korsten, Lise (Pretoria University Law Press, 2024)

  The right to food is a recognised human right, particularly within socio-economic rights. In South Africa, this right is still evolving but has become increasingly significant as global hunger worsens. Importantly, the ...
• The extra-judicial ejectment of land intruders : an evaluation of counter spoliation and the role of possession (Part 1) 

  Marais, Ernst; Muller, Gustav (LexisNexis, 2024-10)

  Die verweer van contra-spolie het gewoonlik min akademiese aandag geniet en was selfs as ʼn onkontroversiële deel van die privaatreg geag. Al hoe meer privaat- en staatseienaars van grond het egter onlangs begin om hierdie ...
• South African dagga : piping on the related intellectual property rights and indigenous knowledge systems 

  Oriakhogba, Desmond O.; Okorie, Chijioke; Lavhengwa, Livhuwani Sosanah (Inderscience, 2024-09)

  The use of dagga has been partially legalised and decriminalised in South Africa and there is increasing awareness with regards to its importance to national development. Thus, a dagga industry is emerging in South Africa. ...
• Image rights in Kenya 

  Thutse, Legodi; Cornelius, Steve J. (Juta Law Journals, 2023)

  Kenia is ’n land wat al op verskeie terreine vele bekendes opgelewer het. Hulle is veral welbekend vir die wêreldklas middel en langafstandatlete wat hulle oplewer. Dit sou daarom nie vreemd wees nie, indien bemarkers sou ...
• The Basic Education Laws Amendment Bill : a case study in transformative constitutionalism beyond the courts 

  Veriava, Faranaaz (Pretoria University Law Press, 2024)

  The Basic Education Laws Amendment Bill (BELA Bill) is one of the most significant reforms to the South African basic education legal framework since 1994. While the amendments impact on a wide range of issues, this ...
• Strategic litigation for educational equity : analysing the impact of ISER v Attorney-General on access to quality education in Uganda 

  Mutu, Perekeme (Pretoria University Law Press, 2024)

  In recent years, strategic litigation has emerged as a powerful tool for advancing human rights and promoting social justice around the world. This legal approach involves the deliberate use of legal action to bring about ...
• Realising the right to basic education through strategic litigation in Kenya 

  Skelton, Ann, 1961-; Mutu, Perekeme (Pretoria University Law Press, 2024)

  In pursuit of creating an inclusive and equitable society, the right to basic education stands as a cornerstone, serving as a catalyst for individual empowerment and social progress. It is not surprising that in Kenya’s ...
• Editorial : Special focus on promoting access to basic education through the law in sub-Saharan Africa 

  Skelton, Ann, 1961-; Veriava, Faranaaz; Mutu, Perekeme (Juta Law, 2024)

  No abstract available.
• Report on enforcing the rights of children in migration 

  Binford, Warren; Bochenek, Michael Garcia; Cernadas, Pablo Ceriani; Day, Emma; Field, Sarah; Hamilton, Marci; Liefaard, Ton; Mezmur, Benyam; Mulatu, Fasil; Skelton, Ann, 1961-; Sloth-Nielsen, Julia; Stuart, Joao; Van Loon, Hans; Verhellen, Jinske (MDPI, 2023-10-19)

  The ILA Study Group began its work by identifying guiding principles that should frame and inform state practices with respect to children in migration. These principles included, but were not limited to, non-discrimination; ...
• An in-depth analysis of choice of law rules in consumer contracts : a focus on the African continental free trade area 

  Fiattor, Ethel (Unisa Press, 2023-06)

  Choice of law is a perplexing concept due to the importance of party autonomy, the diversity of connecting factors, and the variety of different contractual issues. The problem of choosing a governing law is complicated ...
• Navigating the complexities of the adaptation right in copyright law : addressing ambiguities, gaps and the need for reforms in South Africa 

  Kok, Lucinda (Juta Law Journals, 2023)

  As a pervasive feature of modern society, the adaptation right in the context of infringement and fair dealing has frequently been a subject of heated debate for several years. However, the current Copyright Act 98 of ...
• The challenges of protecting copyright In the digital age due to digital piracy 

  Nyembe, Simphiwe (University of Pretoria, 2023-11-30)

  This mini dissertation examines the challenges that arise in protecting copyright in the digital age due to piracy. With the rise and emergence of new technologies and the internet, piracy has only become a prevalent ...
• Round-up of IP decisions in Africa 2023 

  Okorie, Chijioke; Koros, Dorcas Chebet; Mgonja, Jessie Victoria; Nam, Nora Ho Tu; Chindah, Rita Anwiri; Schneider, Marius (Oxford University Press, 2024-04)

  This contribution offers an analysis of selected important decisions in the field of IP law issued in the period 1 January to 31 December 2023 by national courts in individual African countries (Kenya, Nigeria, South Africa ...
• The legal framework regulating cyberbullying among children in South Africa 

  Bisrat Yibas, Christian (University of Pretoria, 2024-05-07)

  The development of information and communication technology, as well as digital media, has transformed the way society interacts. Online users are dependent on the safety and security of the internet in every sphere of ...
• South African courts’ differing approaches to determining children’s views in family law matters 

  Uys, Alet Magdaleen (University of Pretoria, 2023)

  The United Nations (UN) Convention on the Rights of the Child, 1989 (CRC), the African Charter on the Rights and Welfare of the Child, 1990 (ACRWC) and sections 6(5), 10, and 31(1)(a) of the Children’s Act 38 of 2005 ...
• Effects of the eradication of the rule of male primogeniture on the customary law of succession 

  Maunatlala, Refiloe Kgopotso (University of Pretoria, 2023)

  This article discusses the consequences of the abolition of the rule of male primogeniture by closely and critically discussing the outcome of the Bhe v Magistrate Khayelitsha case. Therefore, exposing the effect ...
• Intellectual property and the Constitutional Court of South Africa : lessons from the deployment of adjudicative strategies 

  Okorie, Chijioke (Springer, 2023-11)

  The Constitutional Court of South Africa recently handed down its fourth decision so far in the field of intellectual property. These decisions came against the backdrop of reforms and reform proposals concerning intellectual ...
• Real property transactions in the network society : platform real estate, housing hactivism, and the re-scaling of public and private power 

  Roark, Marc L.; Fox O'Mahony, Lorna (Springer, 2023-12)

  Technology is rapidly transforming the landscape of land ownership and housing transactions, creating new types of consumer risk and new regulatory challenges. As markets, legal systems, and housing consumers navigate the ...

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