• 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 ...
• The Legal Effect and Implication of Deviation and Expansion of Government Procurement Contracts 

  Daniels, Abel Nathaniel (University of Pretoria, 2023)

  The objective of the study is to consider and examine factors that influence grounds and create circumstances which causes the variation clauses of procurement contract viz. deviation and expansion of procurement contract, ...
• The Mariana trench of transphobia in South Africa : the legislative lacunae in KOS v Minister of Home Affairs 

  Baird, Sophy B. (Pretoria University Law Press, 2023)

  Society as a whole has for eons been premised on the importance of patriarchy and heteronormatity. During this time society has seen gradual leaps regarding people in the LGBTQI+ community. South Africa appears to be ...
• Supervening Impossibility and the interpretation of force majeure clauses during a pandemic 

  Comyn, Romi Irene (University of Pretoria, 2023)

  This dissertation aims to assess and deal with the common law doctrine of supervening impossibility and the use of force majeure clauses in contracts, specifically during a pandemic such as the COVID-19 pandemic. Since the ...
• The CIPC DABUS Decision and What it Means for Our Patent Laws 

  Moseki, Olebogeng (University of Pretoria, 2023)

  The mini dissertation looks at the decision of the CIPC to approve an invention created solely by an AI system, becoming the first country in the world to do so. In light of the foregoing, the research analyses the current ...
• From fair dealing to fair use : Striking a balance between competing interests in South African copyright law 

  Malise, Mapulane (University of Pretoria, 2023)

  The study has its motivation from the contentious South African Copyright Amendment Bill [B13-2017] that has been before Parliament for many years, and more recently, been passed by the National Council of Provinces and ...
• Common law principles of contract viewed in the context of artificial intelligence 

  Mabasa, Khobae Clementine (University of Pretoria, 2023)

  Contract formation in the new age of advanced Artificial Intelligence has brought about varied world-wide legal concerns and debates. A preeminent and emerging legal concern is the legal capacity of the autonomous systems ...
• The law applicable to contractual obligations in consumer contracts of adhesion in Ghana 

  Fiattor, Ethel (University of Pretoria, 2023)

  This thesis argues for the inclusion of adequate choice of law rules for consumer adhesion contracts to ensure suitable protection measures for weaker parties in Ghana. To this end, the research seeks to add to existing ...
• Law applicable to substantive issues in international commercial arbitration : an African Perspective 

  Oppong Peprah, Lawrencia (University of Pretoria, 2023)

  This thesis examines the law applicable to substantive issues in international commercial arbitration from an African perspective. More specifically, the thesis examines the methods used by arbitrators to assign the ...
• The legal consequences of ilobola in African customary marriages in South Africa 

  Mohlala, Kholofelo Mahlatse Napogadi (University of Pretoria, 2023)

  South Africa has a hybrid legal system which comprises of among others, common law and customary law. Customary marriages are officially recognised under the Recognition of Customary Marriages Act 120 of 1998, however, ...
• The impact of the National Credit Act 34 of 2005 on credit contracts by unregistered credit providers in South Africa 

  Mashangoane, Manoko Magdeline (University of Pretoria, 2023)

  The research in this dissertation was conducted with the intention of providing an alternative viewpoint on the perceived unlawful dealings of unregistered credit providers while broadly examining the nature of the credit ...

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