• A re-evaluation of the special investigating unit and special tribunal in South Africa 

  Ndunyana, Luvuyo (University of Pretoria, 2018-02)

  The main focus of this dissertation is to critically evaluate the functioning of the Special Investigating Unit ('SIU') and Special Tribunal in the execution of its mandate, which includes the fight against fraud and ...
• Is silence in the face of global injustice in the “best interests” of South African universities? 

  Lewins, Kezia; Van Heusden, Peter; Mohamed, Nazeema; Sibanda, Sanele; Pointer, Rebecca; Reynolds, Louis; Wadee, Shabbir A.; Baldwin-Ragaven, Laurel (Academy of Science of South Africa, 2025-03)

  SIGNIFICANCE : Invited to respond, we write here not to rebut every argument advanced in the provocation piece ‘Should our universities respond to geopolitical conflicts around the world?’. This would presuppose alignment ...
• Facilitating automatic exchange of information on blockchain : a South African perspective 

  Kabwe, Ruddy; Ncube, Princess (Nelson Mandela University, 2024-04-10)

  Exchange of information is a mechanism that enables tax authorities to share tax information across borders. Exchange of information curtails harmful practices such as tax evasion and tax avoidance by promoting cooperation ...
• 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 ...
• An unjust interpretation of Section 116(1) of the Consumer Protection Act 68 of 2008 : the impact of First Rand Bank Limited v Ludick GP (unreported) 2020-06-18 Case no A277/2019 

  Scott-Ngoepe, Tshepiso (Nelson Mandela University, 2024-10-01)

  One of the key objectives of the Consumer Protection Act (68 of 2008) (CPA) is to ensure that consumers are provided with “an accessible, consistent, harmonised, effective and efficient system of redress” (s 3(1)(h) of the ...
• South Africa’s NINA debtor plight : lessons from the Scottish consumer debt relief system post the Covid-19 pandemic 

  Boterere, Shammah God'swill; Boraine, A. (Andre), 1957- (Juta Law Journals, 2023-12)

  In this article, the authors consider the plight of the so-called No Income No Asset (NINA) debtors against the backdrop of debt relief measures provided for this category of debtors who find themselves in a debt trap. It ...
• Moving beyond the abyssal line : the possibillity of epistemic justice in the ‘post’-apartheid constitutionalism 

  Niemand, Lilandi (University of Pretoria, 2022)

  In this article, I reflect on the idea of a ‘post’-apartheid South African constitutionalism and the related and implicated notion of Transformative Constitutionalism by emphasising its continued bondage to a colonial ...
• The development of a western-centric notion of modernity and the inclusive reconstruction thereof according to the twail principles 

  M'membe, Makumya (University of Pretoria, 2022)

  Modernity significantly influences global action regarding social, political, and economic justice and liberation. Because of this, its flawed origins cannot simply be ignored. This article ...
• What is in a surname? An enquiry into the unauthorised name changes of married women 

  Matladi, Odirile (University of Pretoria, 2022)

  In recent years there have been reports of the Department of Home Affairs changing women’s surnames to that of their husbands upon the conclusion of a marriage without the married women’s consent. This conduct by the ...
• The taxation of image rights in South Africa : validity of tax minimisation schemes 

  Kapp, Leandri; Meyer, Carolina (University of Pretoria, 2022)

  Sport undeniably plays a major role in society today. Over the years, it has developed into n free-standing industry and its players have become increasingly valuable and earn income both on and off the field. This article ...
• Realising the right to development in Ghana through its parliament 

  Agyemang, Clement (University of Pretoria, 2022)

  The right to development (RTD) remains a controversial subject at the international level due to disagreements over its nature as a collective and a people’s right. This notwithstanding, the RTD is recognised by the African ...
• Guardians's reflection : the PSLR as a site for thinking about community ethics in the university 

  Le Roux, Ilana (University of Pretoria, 2022)

  In this reflection I draw on the PLSR Editorial Board’s experiences to broadly think about our understanding of community within the university, and beyond. The purpose of this reflection ...
• Incorporating the incorporeal : the potential classification of Bitcoin as a ‘thing’ under South African common law 

  Geyer, Brigitte (University of Pretoria, 2023)

  This article aims to determine whether Bitcoin could be classified as a ‘thing’ in the South African common law of things. The key motivation behind this article is to determine whether the Pandectist focus on the corporeality ...
• '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 ...
• Reimagining a new world of South African insolvency law : advantage to creditors and Section 39(2) of the Constitution 

  Smith, Alastair (Juta Law Journals, 2023-12)

  A recent judgment in an application for a final order of compulsory sequestration provided startling justification for granting the order even if the debtor’s estate has no assets that would provide a pecuniary benefit and ...
• Company records and information - an open book 

  Swart, Willem Jacobus Christiaan; Lombard, M. (LexisNexis, 2023-08)

  Die reg om inligting te bekom is, uit die aard van die saak, onontbeerlik tot die bevordering van 'n kultuur van deursigtigheid en verantwoordbaarheid. Die howe het in onlangse regspraak die geleentheid gehad om te beslis ...
• Intolerability of the employment relationship in the context of constructive dismissal : an analysis of recent judgments from South Africa, Namibia, Lesotho and Eswatini/Swaziland (Part 2) 

  Okpaluba, Chuks; Maloka, Tumo Charles (University of Fort Hare, Nelson R Mandela School of Law, 2023-12)

  The first part of this article introduced the concept of constructive dismissal in the law of unfair dismissal in South Africa, with some illustrations from Namibia, and discussed mainly the test for constructive ...
• Intolerability of the employment relationship in the context of constructive dismissal : an analysis of recent judgments from South Africa, Namibia, Lesotho and Eswatini/Swaziland (Part 1) 

  Okpaluba, Chuks; Maloka, Tumo Charles (University of Fort Hare, Nelson R Mandela School of Law, 2023-07)

  A number of recent cases from the Labour Court, especially, HC Heat Exchangers (Pty) Ltd v Araujo (JR155/16) [2019] ZALCJHB 275; 2020 3 BLLR 280 (LC) has compelled a revisit of the constructive dismissal aspect of the ...
• Limitations on the rights of migrant workers : is a compliant and consistent approach being followed? 

  Newaj, Kamalesh (University of the Western Cape, 2023)

  Migration has become a global phenomenon and South Africa, like many other countries, is a recipient of migrant workers. Migrant workers can be classified under five categories: permanent residents, refugees, asylum seekers, ...
• Dismissals for cannabis use : determining substantive fairness 

  Newaj, Kamalesh (Juta Law Journals, 2023-04)

  Since the Constitutional Court’s legalisation of the use of cannabis in private, dismissals for workplace infractions arising from testing positive for cannabis are on the rise. Such dismissals have been justified by ...

View more