• 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 ...
• 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 ...
• 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 ...
• A review of judicial enforcement of arbitral awards in South Africa 

  Baboolal-Frank, Rashri (Wiley, 2022)

  This article postulates the constitutional ethos of upholding contracts entered between parties on the principle of good faith in practice. This is aligned to the international principle of respecting party autonomy between ...
• Digital neocolonialism : the Chinese surveillance state in Africa 

  Gravett, W.H. (Willem) (Edinburgh University Press, 2022-02)

  China has developed into a twenty-first-century surveillance state with unprecedented abilities to censor speech and infringe upon basic human rights. The effects of China's digital authoritarianism reach well beyond its ...
• Negotiating the intellectual property protocol under the agreement establishing the African continental free trade area : priorities and opportunities for Nigeria 

  Adewopo, Adebambo; Oriakhogba, Desmond; Okorie, Chijioke (De Gruyter, 2022-02)

  EarlyMarch 2021, following its ratification of the Agreement Establishing the African Continental Free Trade Area (AfCFTA agreement), Nigeria’s National Office of Trade launched a consultative process into issues ...
• The implications of COVID-19 in the workplace in South Africa 

  Baboolal-Frank, Rashri (Allied Business Academies, 2021)

  COVID-19 created chaos across the globe. The effect and impact of the virus brought economies and countries to a standstill as lockdown conditions were imposed. Companies were forced to close, as they could not operate ...
• Civil procedure 

  Van Loggerenberg, Danie (Daniel Elhardus) (Juta Law, 2021)

  During the past year, various amendments to the Rules of the Supreme Court of Appeal, the Uniform Rules of Court and the magistrates’ courts rules came into operation. The COVID-19 situation continued to require the ...
• Regulation and implementation of party funding in Burkina Faso and Ghana 

  Vohito, Sonia (Unisa Press, 2021-12)

  There has been considerable momentum to address the issue of party finance and political corruption across the world, including in Africa; this is because political parties require funds to properly function and to actively ...
• Jailed by a "black box" : the impact of opaque algorithms on the right to a fair trial in the United States of America 

  Gravett, W.H. (Willem) (LexisNexis, 2021)

  Ontwikkelings in kunsmatige intelligensie (AI) en masjienleer het daartoe begin lei dat regerings die gesag om openbare funksies te verrig uitkontrakteer aan masjiene. Algoritmiese besluitneming word inderdaad algemeen, ...
• A historical overview of the mental health expert in England until the nineteenth century 

  Grobler, Chazanne (Southern African Society of Legal Historians, 2021)

  Throughout history, the use of mental health professionals as expert witnesses has elicited criticism. The criticism stemmed from the alleged lack of scientific rigour in mental health sciences and the accompanying bias ...
• The implications of the use of cannabidiol-related products in a safety-sensitive drug testing environment : a medical-legal perspective 

  Jooste, Jacques Schalk; Laurens, J.B.; Jordaan, M.; Marais, A.A.S.; Curlewis, Llewelyn Gray (Health and Medical Publishing Group, 2021-10)

  Cannabis access laws allow for the use of cannabis in private and the trade, purchase and use of hemp-related products as a complementary medicine and for other benefits. Cannabidiol (CBD) has the treatment potential for ...
• YM v LB (465/09) [2010] ZASCA 106 (17 September 2010) 

  Curlewis, Llewelyn Gray (Nelson Mandela Metropolitan University, Faculty of Law, 2021)

  In this matter, which resulted in an enquiry by the Supreme Court of Appeal and ultimately a unanimous decision, the facts were the following: the appellant, Mrs Y M (M) appealed against an order that she and her minor ...
• Medical negligence and criminal responsibility - when the court infringes on a medical practitioner's rights to a fair trial 

  Curlewis, Llewelyn Gray (Law Society of South Africa, 2021-07)

  The application for leave to appeal in S v Van der Walt 2020 (2) SACR 371 (CC) was served before the Constitutional Court (CC) against the judgment of the Mpumalanga Division of the High Court. The facts were as ...
• Are fundamental human rights being eroded during the COVID-19 pandemic? A discussion of the Brits application 

  Curlewis, Llewelyn Gray; Venter, Shandre (Law Society of South Africa, 2021-10)

  The Constitution of South Africa’s (SA’s) ‘Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality ...

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