• Can the death penalty still be considered a “cruel, inhumane and degrading punishment” in the face of South African prison conditions? 

  Curlewis, Llewelyn Gray; Carter, Katelyn-Mae (Nelson Mandela Metropolitan University, Faculty of Law, 2024-06-01)

  The use of the death penalty as a form of punishment can be traced back to the earliest human civilisations. South Africa was no stranger to this punishment, and it was only abolished here in 1995. South Africa accepted ...
• International commercial mediation : international recognition and enforcement of mediation agreements 

  Curlewis, Llewelyn Gray; Raubenheimer, Ettian (Nelson Mandela Metropolitan University, Faculty of Law, 2024-06-01)

  Global economic output has increased dramatically due to an increase in cross border trade, the rise of multinational corporations and globalisation. The globalisation of trade resulted in an increasing interaction ...
• An evaluation of alternative dispute resolution mechanisms in the African region 

  Baboolal-Frank, Rashri; Naude, Louis (Nelson Mandela Metropolitan University, Faculty of Law, 2024-06-01)

  Alternative dispute resolution (ADR) in Africa is growing and flourishing but the region is not a global leader in conflict resolution. The African region still has many challenges to overcome. The region has the potential ...
• The doctrine of proportionality : a proposed solution to human rights infringements in sports adjudication 

  Van der Merwe, Bianca; Cloete, Rian (Pretoria University Law Press, 2024)

  The primary aim of this study is to emphasise the importance of applying consistent standards in the adjudication of human rights matters, particularly in the context of sports disputes. This study will investigate ...
• Legal counselling in family mediation to address unnecessary litigation 

  Ndebele, Linda Tendesai (University of Pretoria, 2023)

  This research seeks to explore and evaluate the concept of legal counseling and its impact on dispute resolution processes and outcomes. For purposes of this study, legal counseling refers to specific attitudes, skills and ...
• An evaluation of alternative dispute resolution in the South African agricultural environment 

  Lancaster, Claribel (University of Pretoria, 2024-04-03)

  The objective of this study was firstly to evaluate the current position of ADR within the legislative and policy framework specific to the agricultural industry in South Africa and, thereafter, to recommend ways to improve ...
• An assessment of mediation as an effective aid for resolving conflict : land disputes 

  Rakgwale, Mmakgoedi Sylvia (University of Pretoria, 2023-12-19)

  This mini dissertation assesses mediation as a method of resolving land disputes. It provides a comparative analysis of South Africa, Kenya and Rwanda's use of mediation to resolve land conflicts. It consists of 5 chapters ...
• The viability of the death penalty as an alternative to life imprisonment in South Africa 

  Carter, Katelyn-Mae (University of Pretoria, 2024)

  Twenty-seven years ago, the death penalty (as it was prescribed in S277 (1)(a) of the Criminal Procedure Act) was declared unconstitutional in S v Makwanyane and Mchunu. Given the socio-political landscape of the time, ...
• Exploring the need for numeracy skills in legal practice 

  Wannenburg, Elizma; Curlewis, Llewelyn Gray (Taylor and Francis, 2023)

  Legal practices are perceived as an epitome of the battle between good and evil. However, a different battle over the preparedness of the next-generation lawyers is now trending amongst law practitioners. Analytical ...
• "Pay back the money” – a paper on criminal and civil asset forfeiture within South Africa and suggestions for reform 

  Curlewis, Llewelyn Gray (Emerald, 2024-06)

  PURPOSE : The purpose of this paper is to bring to light the present civil and criminal asset forfeiture procedures within the South African context and to make suggestions for reform thereof. While there exists and is a ...
• An analysis of the Seriti Commission of Inquiry and its shortcomings 

  Mukoki, Pj-Brian (University of Pretoria, 2023)

  It has been said that Commissions of inquiry are governmental tools that assist the state in adjudicating disputes; however, is that really the true state of affairs? With their increasing popularity over the years, one ...
• Reforming the right to bail for illegal/undocumented foreigners in South Africa 

  Moepya, Lethabo (University of Pretoria, 2023)

  This study revisits the law governing the release on bail of accused persons that are without relevant documentation to be in the Republic of South Africa. The study specifically analyses the outcomes of the cases in which ...
• An evaluation of the CCMA with the aim of enhancement and improvement 

  Williamson, Chané (University of Pretoria, 2023)

  The Labour Relations Act established the Commission for Conciliation, Mediation and Arbitration (CCMA) as a statutory institution for labour dispute resolution. This dissertation draws on CCMA data and case analysis to ...
• Societal change through sports 

  Luttig, Keanu M. (University of Pretoria, 2023)

  This dissertation aims to address the concerns that sport and society have in common, where the relevant governing legislation has fallen short and analyses whether the sports industry, and its athletes coupled with the ...
• The apportionment of legal costs in South Africa : a comparative analysis 

  Bekker, Thino (Juta Law Journals, 2022)

  Een van die grootste hindernisse wat toegang tot die reg in siviele sake, soos gewaarborg in artikel 34 van die Suid-Afrikaanse grondwet, belemmer, is die toekenning van astronomiese regskoste aan die einde van 'n regsgeding. ...
• Should magistrates take down confessions? 

  Curlewis, Llewelyn Gray; Gravett, W.H. (Willem) (Nelson Mandela Metropolitan University, Faculty of Law, 2022)

  Section 217(1) of the Criminal Procedure Act 51 of 1977 (the Act) sets forth the requirements for the admissibility of a confession made by any person in relation to the commission of an offence. Section 217(1)(a) provides ...
• The legality and regulation of professional mixed martial arts in South Africa 

  Ramsden, Gerald Andrew (University of Pretoria, 2023)

  Senator John McCain was not far off the mark when he described mixed martial arts (MMA) as “human cock-fighting”, during its formative years in the United States of America (US) in the early 1990’s. Those early MMA contests ...
• The effect of unlawfully obtained evidence on the administration of justice 

  Ramatshimbila, Azwifarwi (University of Pretoria, 2022)

  This mini-dissertation focuses on the true extent of the meaning and effect of unlawfully obtained evidence. The focus is on the unlawfully obtained evidence from the perspective of the rule of law and not necessarily ...
• A review of the enforcement of arbitration awards ; a comparative study of Nigeria and South Africa 

  Makinde, Okadazim Niella (University of Pretoria, 2022)

  Arbitration, as one of the alternative dispute resolution procedures, aids in the quick resolution of disputes as against traditional litigation. The Courts' apparent lack of promptness in dispensing disputes necessitates ...
• Private prosecutions in South Africa 

  Spies, Willem Durand (University of Pretoria, 2022)

  This thesis will examine the question whether private prosecutions in South Africa could be of assistance to the National Prosecution Authority in fulfilling its constitutional mandate in the current post-Apartheid era of ...

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